Lathrop City Council
March 13, 2023

121

AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Section 11. 5 Unavailable Insurance
If any of the coverages required in this Section 12 ( or any of the required terms of such coverages, including policy limits) become unavailable as determined under a commercial reasonableness standard, the Parties shall meet and confer in good faith regarding steps to be taken including procurement of such insurance as is available on commercially reasonable terms, to ensure that the City continues to receive the benefit of the risk- transfer program provided in this Section to the extent it is feasible to do so. Any disagreement which arises in those meet- and- confer discussions shall be resolved pursuant to Article 15 of this Agreement.

Section 11. 6 City Insurance
City shall, at its cost, maintain property damage insurance or self- insurance for the Facility for the full replacement cost thereof, and for all property, including vehicles owned by City and operated by VWWOS under this Agreement. Alternatively, City may give VWWOS written direction to provide such insurance and, if it is possible for VWWOS to do so at commercially reasonable cost, VWWOS shall do so and may pass the cost of that insurance through to the City without markup. If City provides such insurance, any such property, including vehicles, not insured commensurately with its replacement value shall be the financial responsibility of the City. To the extent the City provides insurance rather than selfinsurance, each policy of insurance provided in compliance with this Section shall include a waiver of subrogation in favor of the VWWOS Indemnified Parties. The provisions of Section 11. 2 and Section 11. 3 shall apply to insurance provided by the City in the same manner as they apply to VWWOS' s insurance obligations. The City' s provisions of insurance under this paragraph shall not diminish in any respect VWWOS' s obligations to the City Indemnified Parties under Article 12.

Article 12. LIABILITY AND INDEMNITY
Section 12. 1 VWWOS Indemnity
a) VWWOS shall defend indemnify and hold harmless City, its officers, employees and agents ( the" City Indemnified Parties") from and against any Losses that arise out of, or result from, and are related to the breach of any representation made by VWWOS in this Agreement; or any negligent or willful acts or omissions by the VWWOS Indemnified Parties with respect to performance of VWWOS' s obligations under this Agreement, except to the extent that any such Losses arise from the grossly negligent or willful actions of the City Indemnified Parties. b) VWWOS' s liability under Section 12. 1 or elsewhere under this Agreement ( in each case, whether arising under breach of contract, damages, indemnity, tort, strict liability, or any other theory of law or equity) shall not exceed $ 15 million cumulatively and in the aggregate for the duration of this Agreement; provided that the foregoing limitation shall not apply( i) to the extent that any Losses result from the gross negligence or willful misconduct of VWWOS in the material breach of VWWOS' s obligations under this Agreement or ( ii) to Losses for which this Agreement requires insurance coverage in an amount in excess of$ 15 million, to the extent of such insurance.

UNDER NO C/RCUMSTANCES SHALL VWWOS/ NDEMN/ F/ED PART/ES BE L/ABLE TO THE C/ TY

INDEMN/ F/ED PART/ ES FOR ANY/ NCIDENTAL, CONSEQUENT/ AL, SPEC/ AL, PUN/ T/ VE, OR

OTHER DAMAGES OTHER THAN ACTUAL D/RECT DAMAGES, REGARDLESS OF WHETHER

SUCH DAMAGES AR/ SE UNDER BREACH OF CONTRACT, TORT, STR/ CT L/ AB/ L/ TY, OR ANY OTHER THEORY OF LAW OR EQU/ TY. The foregoing limitation shall also apply to insurance required under this Agreement and shall preclude recovery therefrom for incidental, consequential, special, punitive or other damages as between the VWWOS Indemnified Parties and the City Indemnified Parties.

122

AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Section 12. 2 Duties to Insure and Indemnify Independent Except as expressly provided in Section 12. 1, procurement of insurance by VWWOS shall not be construed as a limitation of VWWOS liability or as full performance of VWWOS' S duties to indemnify, hold harmless and defend under this Agreement. VWWOS' S promises to insure and to defend, indemnify and hold harmless are intended to be wholly independent.

Section 12. 3 City Indemnity
City shall defend, indemnify and hold harmless the VWWOS Indemnified Parties from and against any Losses that arise out of, or result from, and are related to the breach of any representation made by the City in this Agreement; the negligent or willful acts or omissions by City, its agents, employees or contractors, except to the extent that such Losses arise from grossly negligent or willful acts or omissions of the VWWOS Indemnified Parties.

UNDER NO CIRCUMSTANCES SHALL THE City INDEMN/ F/ED PART/ES BE LIABLE TO THE

VWWOS/ NDEMNIF/ ED PART/ES FOR ANY/ NC/ DENTAL, CONSEQUENT/ AL, SPECIAL, PUN/ TIVE,

OR OTHER DAMAGES OTHER THANACTUAL D/ RECT DAMAGES, REGARDLESS OF WHETHER

SUCH DAMAGES ARISEUNDER BREACH OF CONTRACT, TORT, STR/CT LIAB/L/ TY, OR ANY OTHER THEORY OF LAW OR EQUITY.

Section 12. 4 Environmental Indemnity
Except to the extent such liability was caused by the negligence of the VWWOS Indemnified Parties, City shall defend, indemnify and hold harmless the VWWOS Indemnified Parties from and against any Losses arising out of or related to any Environmental Conditions on, in, under, across or at the Facility or the Site. To the extent such liability arising out of an Environmental Condition was caused by the negligence of a VWWOS Indemnified Party, VWWOS shall, to the extent of its negligence, indemnify the City Indemnified Parties from and against any Losses arising out of or related to Environmental Conditions on, in, under, across or at the Facility or the Site.

Section 12. 5 Procedures for Notice and Defense
The following procedures shall govern any claims for indemnification under this Agreement:
a) Notice. The party claiming a right to indemnification shall promptly give the indemnifying party written notice of any Losses or the assertion of any claim that will likely result in a claim by it for indemnity pursuant to this Agreement. The notice shall describe with reasonable detail the nature of such Losses or claim to the extent known and shall include copies of any written documentation from the party asserting such claim.
b) Assumption of Defense. The indemnifying party shall have the right to assume the defense of any such claim with counsel reasonably acceptable to the other party. Upon assumption of such defense by the indemnifying party, the indemnified party may participate in the defense of such claim at the indemnified party' s sole expense.
c) Conduct of Defense. Upon assuming the defense of any claim covered by an indemnity, the indemnifying party shall keep the indemnified party reasonably informed of the status of such matter. The indemnifying party shall have the right to compromise and settle any such claim, providing that the indemnifying party shall make no admission of liability or fault on the part of the indemnified party without the indemnified party' s written permission.

Section 12. 6 Survival
The provisions of this Article 12 shall survive the expiration or termination of this Agreement.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Article 13. UNCONTROLLABLE CIRCUMSTANCES
Section 13. 1 Uncontrollable Circumstance
Neither party shall be liable to the other for breach, default or delay in performance of any of its obligations under this Agreement ( other than an obligation to make payment when due) in the event such party is rendered unable, wholly or in part, to carry out its obligations as the result of an Uncontrollable Circumstance. Such party shall be excused from performance only during the period and to the extent that the affected party, acting with all due diligence and dispatch is prevented from performing by the Uncontrollable Circumstance.

Section 13. 2 Obligations In Event of Uncontrollable Circumstance As a condition for being relieved of its obligations due to an Uncontrollable Circumstance, the party claiming excuse from such Uncontrollable Circumstance (" Excused Part') shall:
a) Promptly give written notice to the other party of the occurrence of such Uncontrollable Circumstance.
b) Use its reasonable efforts to eliminate or mitigate the effect of such Uncontrollable Circumstance.
c) Promptly give written notice to the other party when such Uncontrollable Circumstance has been eliminated or has ceased to prevent the Excused Party from fulfilling such obligations. d) Proceed to fulfill such obligations as soon as reasonably practicable after the Uncontrollable Circumstance has been eliminated or has ceased to prevent the Excused Party from fulfilling its obligations.

Section 13. 3 Amendment of Agreement for Uncontrollable Circumstance If any Uncontrollable Circumstance prevents the performance by VWWOS or City for more than ninety( 90) days, then the Parties shall negotiate in good faith to amend the provisions of this Agreement to address such Uncontrollable Circumstance and, failing such agreement, shall resort to the provisions of Article 15 to determine the necessary amendment( s) or whether a termination should occur because the Parties cannot accomplish the essential purposes of this Agreement on commercially reasonable terms and, if a termination occurs, the manner terms and conditions of such termination.

Article 14. DEFAULT AND REMEDIES
Section 14. 1 City Events of Default
The following occurrences or failures shall constitute events of default by the City( a" City Event of Default") under the terms of this Agreement:
a) City' s failure, neglect or refusal to pay any compensation or other undisputed payment due under this Agreement, which continues for fifteen ( 15) days after written notice to City. b) City' s unexcused failure to keep and perform any of City' s obligations or covenants under this Agreement or the breach of any warranty or representation by City under this Agreement, which failure or breach continues for forty- five ( 45) days after written notice thereof by VWWOS to City, unless the nature of the failure or breach is such that more than forty-five ( 45) days is required for its cure and City has commenced such cure within such 45- day period and thereafter diligently prosecutes the same to completion.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
c) City shall ( 1) make an assignment for the benefit of creditors; ( 2) file or acquiesce in a petition in any court (whether or not pursuant to any statute of the United States or of any state in bankruptcy, reorganization, composition, extension, arrangement or insolvency proceedings, or make an application in any such proceedings for, or acquiesce in, the appointment of a trustee or receiver for it or overall or any portion of its property; or( 3) be subject to any petition filed against City in any court ( whether or not pursuant to any statute of the United States or of any state) in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceedings where: ( x) City shall thereafter be adjudicated as bankrupt or insolvent, or( y) such petition shall be approved by any such court, or ( z) such proceedings shall not be dismissed, discontinued or vacated within thirty( 30) days after such petition is filed.

Section 14. 2 VWWOS Remedies for City Events of Default a) In the event of a City Event of Default under Section 14. 1( a) or Section 14. 1( c), VWWOS shall have the right to terminate this Agreement, sue for damages, seek specific performance and to pursue any other remedy at law or equity. If VWWOS terminates this Agreement, VWWOS shall reasonably cooperate with the City for a period of up to one hundred eighty( 180) days to attempt to avoid material adverse interruption of the operation of the Facility provided that VWWOS receives: ( i) payment of all undisputed amounts payable to VWWOS under this Agreement at the time of termination, including amounts that have accrued or been invoiced prior to the termination date; ( ii) any unpaid sums due with respect to any maintenance, repair or replacement items approved hereunder as of the termination date or for such other amounts as are due and payable under Article 7; ( iii) advance payment on a monthly basis of the Cost of the Work VWWOS reasonably expects to perform during such 180- day period, plus fifteen percent ( 15%), which sum shall in no event exceed one hundred fifteen percent ( 115%) of the Compensation; and ( iv) repayment of the outstanding balance of any repair, replacement or maintenance item funded by VWWOS and to be repaid by the City via the Compensation or otherwise over time, provided that the City agrees in writing to VWWOS' s funding of a repair, replacement or maintenance item prior to VWWOS' s providing that funding ( provided, however, that the City acknowledges and agrees that$ 52, 115 for certain safety equipment and start- up expenses has been funded by VWWOS and is being amortized monthly via the Service Fee on a straight- line basis during the Term). b) In the event of a City Event of Default under Section 14. 1( b), VWWOS shall have the right to sue for damages, seek specific performance and to pursue any other remedy at law or equity; provided, however, that VWWOS shall be obligated to continue performance of its obligations under this Agreement and may terminate this Agreement only in the event that such Event of Default causes VWWOS to ( i) incur material additional costs and expenses to perform the Services and such costs and expenses are not reimbursed within the time periods set forth in Section 14. 1( a); or( ii) undertake any action that violates Applicable Law or any Governmental Approval.

Section 14. 3 VWWOS Events of Default
An event of default by VWWOS (" VWWOS Event of Default") shall occur upon:
a) VWWOS' s unexcused failure to satisfy its Performance Guarantee; b) VWWOS' s unexcused failure to keep and perform any of VWWOS' s other obligations or covenants under this Agreement; or
c) a material breach of any other warranty or representation by VWWOS that materially adversely affects its ability to perform the Services;

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERAT NG SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
which failure or breach continues for forty-five days ( 45) ( or for a breach of the Performance Guarantee under subparagraph ( a) above, fifteen ( 15) Business Days) after written notice thereof by City to VWWOS, unless the nature of the failure or breach is such that more time is required for its cure and VWWOS has commenced such cure within such 45- or15- business- day- period and thereafter diligently prosecutes the same to completion.

Section 14. 4 City Remedies for VWWOS Event of Default
In the event of a VWWOS Event of Default:
a) Termination. City may terminate this Agreement upon written notice to VWWOS in which event the remaining provisions of this Section shall be applicable. b) Performance Bond. VWWOS shall forfeit the full face value of the payment of the performance bond provided by VWWOS pursuant to this Agreement. The Parties agree and acknowledge that the amount of the actual damage incurred by City as a result of such VWWOS event of default would be extremely difficult and impracticable to determine; and that the proceeds of the payment and performance bond shall be in the nature of liquidated damages, and that the amount so collected from the payment and performance bonds represent the Parties' reasonable estimate of such damages.
c) Cooperation. VWWOS shall reasonably cooperate, at City expense with the City for period of one hundred eighty ( 180) days to attempt to avoid material adverse interruption of the operation of the Facility. VWWOS shall be entitled to payment of those costs and expenses which it actually and reasonably incurs in such event.
d) Accrued and Unpaid Compensation. On or before the effective date of the termination of this Agreement, City shall pay VWWOS ( i) all undisputed amounts payable to VWWOS under this Agreement as of the time of termination, including amounts which have accrued or been invoiced prior to the termination date; and ( ii) the outstanding balance of any repair, replacement or maintenance item funded by VWWOS and to be repaid by the City via the Compensation or otherwise over time, provided that the City agrees in writing to VWWOS' s funding of a repair, replacement or maintenance item prior to VWWOS' s providing that funding ( provided, however, that the City acknowledges and agrees that$ 52, 115 for certain safety equipment and start- up expenses has been funded by VWWOS and is being amortized monthly via the Service Fee on a straight- line basis during the Term).
e) Transfer of Facilities. Upon termination and payment of the amounts described in subparagraph ( d) above, VWWOS shall quitclaim to City all of its rights and interests to the Facility and VWWOS shall transfer to City the full possession control use and occupancy of the Facility and the Site.
f) Proprietary Components and Products. VWWOS agrees to supply to City, at VWWOS' s standard list price, any proprietary components or products necessary for the completion and continuing operation and maintenance of the Facility subject to the continued availability of such components and products. In the event that VWWOS no longer produces any proprietary component or product, and if an alternative component or product having the same function and use which are compatible with the Facility are not obtainable by the City at reasonable cost, VWWOS agrees to provide City with specifications and shop drawings for such proprietary component or product to permit City to fabricate or procure such component or product. City shall pay VWWOS for all costs and expenses reasonably incurred in providing such specifications and shop drawings. g) Intellectual Property. VWWOS shall assign or grant to City a non- exclusive and irrevocable license with respect to all Intellectual Property required to maintain and operate the Facility.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Such license shall be transferable to any person engaged in maintenance and operation of the Facility, but such license shall allow use of such Intellectual Property only with respect to the Facility; and no such Intellectual Property shall be used for any other purpose. City shall not be required to make any royalty payments for such license. All Intellectual Property provided by VWWOS to City shall be treated as Confidential Information subject to the provisions of this Agreement, and City shall be responsible for the compliance with the terms and conditions of such license by any person or entity to whom or which the City transfers that Intellectual Property. h) Labor and Other Contracts. To the extent assignable and transferable, and if deemed by City to be to the benefit of the City or any subsequent operator of the Facility, VWWOS shall assign and transfer to City any labor, maintenance, or supply contracts relating to the Facility that have been entered into by VWWOS. Upon such assignment, City shall assume all of VWWOS' s obligations arising on and after the date of such assignment under any such assigned contracts and VWWOS shall have no further obligations therefor.
i) Damages. In lieu of termination and the recovery of liquidated damages as provided in this Section and subject to the limitations set forth in Section 12. 1, City shall have the right to seek recovery of the actual and direct damages incurred by City as the result of such Event of Default.

UNDER NO CIRCUMSTANCES SHALL VWWOS BE LIABLE FOR ANY INCIDENTAL,

CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OTHER THAN ACTUAL DIRECT

DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER BREACH OF CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY. The foregoing limitation shall also apply to insurance required under this Agreement and shall preclude recovery therefrom for incidental, consequential, special, punitive or other damages as between VWWOS Indemnified Parties and the City Indemnified Parties Section 14. 5 Effect of Termination
The termination of this Agreement as the result of a City Event of Default or VWWOS Event of Default shall not abrogate, impair, release or extinguish, any obligations or liability of the defaulting party that may have accrued under this Agreement, prior to the date of termination, or which, by express provision hereof survive termination, including any debt, obligation or liability which resulted in the City Event of Default or VWWOS Event of Default that was the cause of termination.

Section 14. 6 Remedies Cumulative
Except as otherwise provided in this Article, the remedies granted to VWWOS and City under this Article shall be cumulative, and action or inaction on one shall not be deemed to constitute an election or waiver of any other right or remedy to which a party may be entitled as to that or any other Event of Default.

Section 14. 7 Remedy for Breach of Performance Guarantee In addition to the City' s rights under Section 14. 4, an unexcused breach by VWWOS of its Performance Guarantee shall require VWWOS to pay any fines and penalties imposed by a Governmental Agency( other than the City) arising out of such breach; provided, however, that VWWOS shall be entitled to contest such fines and penalties before such Governmental Agency in accordance with Applicable Law and City shall take no action to prejudice VWWOS' s contest rights.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Article 15. DISPUTE RESOLUTION
Section 15. 1 Dispute Resolution Process
Any claim controversy or dispute arising out of or relating to this Agreement, or to the threatened, alleged or actual breach thereof by either party, shall be resolved exclusively as hereinafter set forth to the extent permitted by California Government Code, Section 5956. 6.

Section 15. 2 Invocation
The resolution procedures shall be invoked when either party sends a written notice to the other party of the occurrence of a claim, controversy or dispute, or of the threatened, alleged or actual breach of this Agreement. The notice shall describe the nature of the dispute and the party position with respect to such dispute.

Section 15. 3 Technical Representatives
The Parties shall expeditiously conduct consultations or a meeting between technical representatives designated by each party in an effort to resolve the dispute informally.

Section 15. 4 Reference to Management Representatives
If the technical representatives appointed by each party are unable to resolve the dispute within fifteen ( 15) days, the dispute shall be submitted in writing to management representatives designated by each party. The designated representative of VWWOS shall be at least a Vice President or his or her designee; and the designated representative of City shall be the City Manager or his or her designee. The designated management representatives shall attempt to resolve such dispute through consultation and negotiation, within thirty( 30) days after such submittal ( or such longer period as mutually agreed by the Parties). The management representatives may request the assistance of an independent mediator if they believe that such a mediator would be of assistance to the efficient resolution of the dispute.

Section 15. 5 Binding Arbitration
If the management representatives cannot resolve the dispute as set forth herein, the matter shall be resolved in accordance with the following arbitration procedures unless otherwise required by Government Code Section 5956. 6( b).

Section 15. 6 Arbitration Notice
Upon the occurrence of a dispute, and failure of the Parties to resolve such dispute through the informal processes, either party may initiate the arbitration process by giving written notice to the other party( the" Arbitration Notice").

Section 15. 7 Appointment of Arbitrators
Within thirty( 30) days of the Arbitration Notice, the Parties shall either agree upon the appointment of a single, mutually- approved arbitrator, or if the Parties are unable to agree upon a single arbitrator, each of the Parties shall designate an arbitrator, and the arbitrators so designated by VWWOS and City shall within fifteen ( 15) additional days, agree upon a third, independent arbitrator. If the arbitrators are unable to agree upon a third arbitrator, the City or VWWOS may petition a court of competent jurisdiction to select such third arbitrator. The Parties shall cooperate to retain the arbitrator( s) upon terms and conditions mutually satisfactory to the Parties as soon as practicable after selection of the arbitrator( s). Each arbitrator shall be a lawyer licensed to practice law in the State of California with at least five ( 5) year' s experience in law applicable to municipal utilities.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Section 15. 8 Fees
Unless otherwise ordered under Section 15. 10, the fees of the arbitrator shall be paid in equal shares by VWWOS and City.

Section 15. 9 Discovery
For a period of thirty( 30) days following the appointment of the arbitrator( s) ( or such longer period as the Parties may mutually agree or the arbitrator( s) may direct), the Parties shall have the right to engage in such discovery relevant to the matters in dispute as is allowed pursuant to State law.

Section 15. 10 Arbitration Rules
The arbitrators shall decide such disputes pursuant to the American Arbitration Association commercial arbitration rules in force at the time of the arbitration. The arbitrator( s) shall be required to make a final determination, not subject to appeal, within thirty( 30) days from the receipt of such dispute by the arbitrator( s), and the Parties shall be bound by the terms of such final determination. The determination by the arbitrator( s) shall be made in writing and shall contain written findings of fact, and may be specifically enforced by a court of competent jurisdiction. The arbitrator( s) shall determine a fair and equitable allocation of the reasonable expenses of the Parties incurred in connection with the resolution of any dispute hereunder. Each party shall bear its own attorneys' fees and expenses, unless the arbitrators( s) shall determine that the action or defense of the losing party was frivolous, in which event the arbitrator( s) shall determine a fair and equitable attorneys' fees and expenses to be paid by the losing party to the prevailing party which shall not exceed the fees and expenses actually incurred by the prevailing party with respect to the dispute.

Section 15. 11 Independence
The arbitrator( s) shall retain independence of all Parties to this Agreement, and neither party shall engage or attempt to engage the services of the arbitrators for any other purposes without prior written notice to the other party.

Article 16. ASSIGNMENT AND DELEGATION
Section 16. 1 City Assignment
City shall not assign this Agreement or transfer sell or convey any portion of the Facility or the Site without the consent of VWWOS, which consent shall not be unreasonably withheld; and no such assignment shall relieve the City of its obligations hereunder.

Section 16. 2 VWWOS Assignment
VWWOS shall have the right to assign this Agreement, without City' s consent, ( i) to an Affiliate that has the technical and financial ability to perform VWWOS' s obligations hereunder; or( ii) in conjunction with a merger, consolidation or sale of substantially all of the assets of VWWOS. VWWOS shall provide prior written notice to City of any such transfer along with evidence of the technical and financial ability of the transferee. VWWOS may also collaterally or assign this Agreement and/ or its right to any payments hereunder, but not its obligations to perform services hereunder, to one or more lenders providing financing to VWWOS or any Affiliate. Any other transfer of VWWOS' s right title and interest in this Agreement shall be null and void unless authorized by the City in writing in advance which authorization may be granted or withheld in the City' s absolute discretion. No such assignment, however, shall alter an assignee' s obligations hereunder to accomplish the Performance Guarantee to perform hereunder for the compensation provided hereby, or otherwise to perform as VWWOS would be required to perform in the absence of the Assignment.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Section 16. 3 Notice of Assignment
In the event of any such assignment permitted by this Article the assignor shall give prompt written notice to the other party.

Article 17. ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS Section 17. 1 Notices
All notices required or desired to be given hereunder to either party shall be effective if given by personal delivery, certified or registered mail, postage prepaid, return receipt requested, by nationally recognized overnight delivery company, or by telecopy ( with telephone confirmation of receipt), if addressed or the following addresses or telecopy numbers:

If to VWWOS:

Veolia Water West Operating Services, Inc.
4160 Temescal Canyon Road, Suite 311
Corona, CA 92883
Attn: President, West Region Email: larry. cook@veolia. com With copies to:

Veolia Water West Operating Services, Inc.
53 State Street, 14th Floor
Boston, MA 02109
Attn: General Counsel
Email: general. counselNA@veolia. com
If to City:

City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
With copies to:

City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
City Attorney
390 Towne Centre Drive
Lathrop, CA 95330
Any party may change its address for the purpose of this Section by giving written notice of such change in the manner required by this Section. Notices delivered personally or by telecopy with telephone confirmation of receipt shall be deemed given as of actual receipt. Mailed notices shall be deemed given as of three ( 3) days after mailing. Notices given by overnight delivery company shall be deemed given as of the date and time of delivery indicated on the delivery company' s receipt.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Section 17. 2 Compliance with Laws and Regulations
In performing all of their respective obligations under this Agreement, VWWOS and City shall at all times comply with all Applicable Laws including the requirements of Labor Code Section 1720 et seq. as made applicable by Government Code Section 5956. 8.

Section 17. 3 Non- Discrimination in Employment
a) Non- Discrimination Obligation. VWWOS shall comply with all Applicable Laws which prohibit discrimination against any applicant for employment or employees and will take affirmative action to ensure compliance. Such affirmative action shall apply to, but not be limited to, recruitment and recruitment advertising; hiring; promotion; upgrading; transfer; selection for training, including apprenticeship; demotion; layoff; and termination. As required by Applicable Law, VWWOS will post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
b) Advertisements. As required by Applicable Law, VWWOS shall state in all solicitations or advertisements for employees placed by or on behalf of VWWOS that all qualified applicants will receive consideration for employment in accordance with all laws and regulations which prohibit discrimination and without regard to factors such as age, race, color, religion, sex, sexual orientation, national origin, or disabilities.

Section 17. 4 Further Assurances
City and VWWOS each agree to execute and deliver any instruments and to perform any acts that may be necessary or reasonably requested in order to give full effect to the provisions of this Agreement.

Section 17. 5 Governing Law
The Parties agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the Parties, and shall also govern the interpretation of this Agreement. Venue for any action to enforce the provisions of this Agreement shall lie in San Joaquin County, California.

Section 17. 6 Partial Invalidity; Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in fu l force without being impaired or invalidated in any way and to that end the provisions hereof are severable.

Section 17. 7 Waiver
The failure of either party to enforce any right under this Agreement shall not be construed as a waiver of its right to enforce that or any other right hereunder in the future.

Section 17. 8 Entire Agreement
This Agreement, including the Exhibits hereto, supersedes any and all other agreements, whether oral or in writing, between the Parties hereto, and contains all of the covenants and agreements between the Parties regarding the subject matter of this Agreement. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party or anyone acting on behalf of any party that are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Specifically, VWWOS and City agree that this Agreement supersedes that certain " Wastewater Plant Operation and Maintenance Agreement Between US Filter Operating Services Inc. and the City of Lathrop, California" dated for convenience April 29, 2003, and amendments, which shall be of no further force and effect as of the Effective Date of this Agreement.

Section 17. 9 Modification and Amendment
Neither this Agreement nor any of the terms hereof may be terminated, amended, modified, waived or supplemented orally, but only by an instrument in writing executed by both Parties.

Section 17. 10 Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

Section 17. 11 Execution in Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument.

Section 17. 12 Joint Drafting
The document embodying this Agreement is the product of the joint efforts of the Parties and is not drafted solely by any of them. Any ambiguity created herein shall not be construed against any party as drafter of the document.

Section 17. 13 No Third- Party Beneficiaries
This Agreement shall not confer any rights or remedies upon any person other than the Parties hereto and their respective successors and permitted assigns. VWWOS shall have no liability or obligations to those property owners and developers under this Agreement or otherwise with respect to the Facility or its operation and maintenance.

Section 17. 14 Assistance of Counsel
Each party to this Agreement warrants to each other that it had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of this Agreement.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT BETWEEN VEOLIA WATER WEST OPERATING SERVICES, INC. AND CITY OF LATHROP, CALIFORNIA IN WITNESS WHEREOF the Parties have hereunto entered into and executed this Agreement, by their duly authorized representatives, as of the date first above written.

VEOLIA WATER WEST OPERATING SERVICES, CITY OF LATHROP, a municipal INC., a Delaware corporation corporation
By: By:

Name: Stephen J. Salvatore
Title: City Manager
ATTEST:

By:

Name:

Title:

By:

Teresa Vargas
City Clerk
APPROVED AS TO FORM:

By:

Salvador Navarrete
City Attorney

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit A: Definitions
Abnormal Substances" means substances or materials that are not identified in the Influent Specifications or were not reasonably anticipated as being in the Influent by an operator of the Facility.

Affiliate" means any corporation, limited liability company, partnership or other entity which directly or indirectly controls, is controlled by, or is under common control with VWWOS.

Aqreement" means the" Wastewater Plant Operation and Maintenance Agreement between Veolia Water West Operating Services, Inc. and City of Lathrop, California." Applicable Law" means any law, rule, code, regulation, consent decree, consent order, consent agreement, permit, determination, judgment or order of, or Governmental Approval issued by, any Governmental Agency having jurisdiction applicable to any activities associated with the operation, maintenance, repair, replacement, or modification of any part of the Facility or associated with any other obligations of the parties under this Agreement.

Arbitration Notice" has the meaning set forth in Section 15. 6 of this Agreement.

Billinq Statement" has the meaning set forth in Section 7. 2 of this Agreement.

Biosolids" means sewage sludge generated at the Facility.

Business Dav" means any day other than a Saturday, Sunday or a day on which the City of Lathrop or commercial banking institutions are authorized or required by law, regulation, or executive order to be closed in the State.

Capital Proiect" means a permanent physical expansion or improvement to the Facility, including but not limited to the procurement and installation of additional equipment and facilities, or the replacement of existing equipment or facilities with new or improved equipment or facilities.

Capital Proiect Adiustment" has the meaning set forth in Section 4. 27( b)( iii) 3) of this Agreement.

Capital Proiect Contractor" has the meaning set forth in Section 4. 27( b)( iii) of this Agreement.

Chanqe in Law" means any of the following events occurring after the Contract Date:

1. Adoption, modification or repeal, or official change in interpretation, of any Applicable Law, including the NPDES Permit or WDRs; or

2. the modification or imposition of any material conditions, restrictions or limitations in any Governmental Approval, which imposes limitations, additional costs or burdens with respect to the operation, repair, maintenance and replacement of the Facility or the Parties' other obligations under this Agreement.

C" means the City of Lathrop, California.

City Emplovees and Aqents" has the meaning set forth in Section 9. 4 of this Agreement.

Citv Event of Default" has the meaning given in Section 14. 1 of this Agreement.

Citv Fiscal Year" means the period from July 1 of one calendar year to June 30 of the next.

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CITY OF LATHROP, CALIFORNIA
Citv Indemnified Partv" means any, some, or all of the City and their respective officers, agents and employees.

CIWQS" means the California lntegrated Water Quality System, the online portal for submittal of NPDES Permit- required reports.

Compensation" means the compensation payable to VWWOS under Article 7 of this Agreement.

Confidential Information" has the meaning set forth in Section 9. 2 of this Agreement.

Contract Date" means the date stated in the first sentence of this Agreement in which the phrase is used.

Corrective Maintenance and Repairs" means those non- routine, non- repetitive activities required for operational continuity, safety, and performance, reasonably necessary to respond to or avert failure of the Facility, equipment installed at the Facility, or any component thereof.

Cost of the Work" means costs reasonably incurred in the proper performance of services with respect to repair, maintenance, or replacement item under this Agreement (" the Work"). Such costs shall include the items set forth below:

1. Cost of all rented and purchased materials, supplies and equipment used in conjunction with or incorporated in the Work, including the costs of transportation thereof;

2. Payments made by VWWOS to subcontractors or employees on Site or suppliers for portions of the Work performed pursuant to subcontracts or at the direction of VWWOS;

3. Sales, use or similar taxes related to the Work and for which VWWOS is liable under this Agreement;

4. Rental costs of machinery and equipment;

5. Costs of labor for VWWOS and its subcontractors and any other party performing Work at the direction of VWWOS or its subcontractors as set forth in this Agreement;

6. Costs of any fees associated with Governmental Approvals with respect to the work incurred by or on behalf of VWWOS and its subcontractors and suppliers; and

7. Costs incurred in the performance of the Work if and to the extent approved in accordance in writing by City as provided in Section 4. 8 and Section 4. 9 of this Agreement.

Cost of the Work shall not include any of the following:
i) Salaries or other compensation of VWWOS' s personnel at VWWOS principal office and branch offices to the extent those personnel are not set forth on Exhibit L to this Agreement or whose services do not constitute the performance of the Work ( it being the intent of the Parties that those individuals described on Exhibit L to this Agreement shall be included in the Cost of the Work for time spent in conjunction with the Work);
ii) General office expenses of VWWOS' s principal and branch offices that would not have been incurred but for the performance of the Work;
iii) Overhead or general expenses of any kind;
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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
iv) Costs associated with, in any way, either directly or indirectly, the negligence of any VWWOS Indemnified Party, including the correction of non- conforming materials and equipment negligently supplied, or repairing any damage to person or property; and v) Costs incurred as part of VWWOS' s warranty obligations.

Effective Date" means the date set forth in the preamble.

Effluent" means any water discharged from the Facility at the Points of Effluent Delivery as a result of treatment of Influent.

Effluent Specifications" means the Effluent specifications in Exhibit C- 1 and Exhibit C- 2 of this Agreement, as applicable.

Emerqencv Preparedness Plan" shall mean the plan required by Section 4. 13.

Environmental Condition" means the presence of any Regulated Substance on or at the Site, including, but not limited to, the presence in surface water, groundwater, soils or subsurface strata or the migration of such a Regulated Substance from or to the Facility.

Environmental Law" means any Applicable Law relating to ( i) the protection of public health, safety, natural resources or the environment; ( ii) the manufacturing, handling, generation, storage, treatment, processing, transportation, release, discharge, emission or disposal of Regulated Substances; ( iii) Environmental Conditions; or( iv) the protection of human health and safety.

Environmental Laws include, without limitation, the Comprehensive Environmental Response Compensation and Liability Act ( 42 U. S. C. § 9601 et seq.), the Hazardous Materials Transportation Act ( 49 U. S. C. § 1801 et seq.), the Resource Conservation and Recovery Act ( 42 U. S. C. § 6901 et seq.), the Federal Water Pollution Control Act ( 33 U. S. C. § 1251 et seq.), the Clean Air Act ( 42 U. S. C. § 7401 et seq.), the Toxic Substances Control Act ( 15 U. S. C. § 2601 et seq.), the Oil Pollution Act ( 33 U. S. C. § 2701 et seq.), the Emergency Planning and Community Right-to- Know Act ( 42 U. S. C. § 11001 et seq.), the Occupational Safety and Health Act ( 29 U. S. C. § 651 et seq.), the Safe Drinking Water Act ( 42 U. S. C. § 300f et seq.); and regulations adopted pursuant thereto; and counterpart state and local laws, and regulations adopted thereto, as they exist on the Contract Date or are thereafter amended.

Excused Partv" has the meaning set forth in Section 13. 2 of this Agreement.

Exit Evaluation" has the meaning set forth in Section 8. 2 of this Agreement.

Exit Performance Test" has the meaning set forth in Section 8.2 of this Agreement.

Facilitv" means the City of Lathrop Consolidated Treatment Facility as represented by the process flow diagram and site plan in Exhibit I.

Facilitv Capacitv" means hydraulic and treatment capacity of the Facility.

Fee- Covered Expenses" shall have the meaning set forth in Section 6. 1( a) of this Agreement.

Governmental Aqencv" means any legislative executive judicial or administrative department board commission court agency or other instrumentality of the federal, State or local government.

Governmental Approval" means any permit, license, approval, authorization, consent or other authorization which is required under Applicable Law for the operation and maintenance of the Facility or for the performance of any of the obligations under this Agreement.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Influent" means the untreated wastewater from the Service Area that enters the Facility at the Points of Influent Delivery.

Influent Specifications" means the Influent Specifications as set forth in Exhibit B of this Agreement.

Intellectual Propertv" means any patents, copyrights, trade, secrets, icensed software, proprietary technology or systems, or other intellectual property.

Kev Personnel" means any officer or supervisory employee of VWWOS who will have any role in the performance of VWWOS' s obligations under this Agreement.

Laboratory QA/ QC Proqram" means a quality assurance/ quality control program for sampling and analyses, meeting the standards set forth in Exhibit F of this Agreement.

Lien" means mechanic' s lien or materialman' s lien, mortgage, pledge, security interest, lien, encumbrance, lease, disposition of title or other charge of any kind.

Losses" means any losses, claims, suits, actions, demands, charges, expenses, costs ( including costs of defense, settlement and reasonable and actual attorney' s fees and costs), liabilities, obligations, fines and penalties.

Material Adverse Effect" means ( i) a material adverse effect upon the properties, assets, credit rating, or financial condition of the City, taken as a whole; ( ii) a material adverse effect on the ability of City to perform its obligations set forth in this Agreement; or (iii) any material event or circumstance which calls into question or threatens the validity or enforceability of this Agreement by VWWOS against City.

Monitorinq EquipmenY' means the equipment to maintain and operate the Facility as described in Section 4. 4 of this Agreement.

Monitorinq Requirements" means the sampling, testing and analysis requirements for Influent and Effluent as described in Exhibits D of this Agreement.

Non-Specification Influent" has the meaning set forth in Section 4. 3 of this Agreement.

NPDES Permit" means National Pollutant Discharge Elimination System ( NPDES) Permit No.

CA0085359, Order R5- 2022- 0004, Waste Discharge Requirements for the City of Lathrop, Consolidated Treatment Facility, San Joaquin County, adopted by the Central Valley Regional Water Quality Control Board adopted on February 17, 2022, and any amendments thereto, and any successor permits.

OSHA Compliance Proqram" means the program required by Section 4. 15 of this Agreement.

Parties" means Veolia Water West Operating Services, Inc., a Delaware corporation, and the City of Lathrop, California, a municipal corporation.

Performance Guarantee" has the meaning set forth in Section 4.2 of this Agreement.

Points of Effluent Deliverv" has the meaning set forth in Exhibit L.

Points Influent Deliverv" has the meaning set forth in Exhibit L.

Premium" means the cost of insurance provided by VWWOS as described in Section 11. 1( e)( 3) of this Agreement.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Preventive and Predictive Maintenance" means routine or repetitive activities required by the equipment or Facility manufacturer or VWWOS consistently with Prudent Industry Practices to maintain the reasonably expected service life of the Facility and equipment and other components thereof.

Prime Rate" means Prime Rate published from time-to-time by the Bank of America NT& SA ( or such other lending institution acceptable to VWWOS and the City) for short- term loans to industrial borrowers having the highest credit rating.

Prudent Industry Practices" means those methods, techniques, standards and practices which, at the time they are employed and in light of the circumstances known or believed to exist at the time, are generally accepted as reasonably prudent in the municipal wastewater treatment industry as practiced in the United States.

Requlated Substance" means any pollutant, contaminant, hazardous, substance, hazardous material, toxic substance, toxic pollutant, solid waste, municipal waste, industrial waste, or hazardous waste, petroleum or petroleum- derived substance, asbestos, or polychlorinated biphenyls, that is defined as such in, is subject to regulation under, or may form the basis for any requirement for investigation or remediation under any Environmental Law.

Release" means any release, spill, emission, discharge, leaking, pumping, injection, deposit, disposal, dispersal, leaching, or migration of any Regulated Substance into the environment ( including ambient air, surface or ground water, and surface or subsurface strata), including the movement of any Regulated Substance in or through the air, soil, surface water, or groundwater or property.

Replacement Cap" has the meaning set forth in Section 4. 8 of this Agreement.

Responsible Officer" means the City Manager of Lathrop or his or her designee.

Services" means the services that VWWOS is to provide pursuant to this Agreement.

Service Area" means the area served by the sewage collection system delivering Influent to the Facility.

Service Fee" has the meaning set forth in Section 7. 1 of this Agreement.

Site" means the real property on which the Facility is located.

Site License" has the meaning set forth in Section 5. 2 of this Agreement.

State" means the State of California and its departments, boards, commissions and agencies.

Term" has the meaning set forth in Section 2. 1 of this Agreement.

Uncontrollable Circumstances" means any act, event, or condition beyond the reasonable control of a party( or the party' s employees, agents or subcontractors) which materially affects the ability of that party to perform any obligation under this Agreement ( except an obligation to make payment when due), including a Change of Law, strikes, lockouts or other labor disturbances, earthquake, flood, hurricanes, or other natural disaster, acts of God, war ( whether or not war has been declared), terrorism ( including unexpected delays arising from security measures relating to terrorism or the threat of terrorism), civil insurrection, quarantine, radiation or radioactive contamination, or other circumstances beyond a party' s reasonable control. " Uncontrollable Circumstances" also include the following acts, events or conditions, to the extent they meet the Page A- 5
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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
standards set forth immediately above delimiting acts, events or conditions which constitute Uncontrollable Circumstances."
i) the suspension, termination, interruption, denial, failure to issue, delay in issuance, modification or failure of renewal of any Governmental Approval necessary to the operation and maintenance of the Facility; and
ii) such other items as are expressly specified in this Agreement as being " Uncontrollable Circumstances."
Uncontrollable Circumstances" also includes:
a) Violations of the City' s Industrial Pretreatment Program discharge limits which are of such a quantity and quality so as to cause substantial disruption in the operations or biologicai activity of the Facility.
b) Receipt of Non- Specification Influent at the Facility which is of such a quantity and quality so as to cause substantial disruption in the operations or biological activity of the Facility.

User Fees" has the meaning set forth in Section 6. 1 of this Agreement.

VWWOS" Veolia Water West Operating Services, Inc.

VWWOS Event of Default" has the meaning set forth in Section 14. 3 of this Agreement.

VWWOS Indemnified Partv" means any, some or all of VWWOS, its parent, affiliates, subcontractors, and their respective officers, employees and agents.

WDRs" means Order R5- 2016-0028- 01, Waste Discharge Requirements and Master Recycling Permit for City of Lathrop, Lathrop Consolidated Treatment Facility, San Joaquin County, adopted by the Central Valley Regional Water uality Control Board adopted on April 21, 2016, amended on April 6, 2018, and any amendments thereto, and any successor permits.

WDRs Monitorinq and Reportinq Proqram" means Revised Monitoring and Reporting Program R5- 2016- 0028- 03 REV3 for City of Lathrop, Lathrop Consolidated Treatment Facility, San Joaquin County, issued by the Central Valley Regional Water Quality Control Board Executive Officer on May 3, 2021, and any amendments thereto.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit B: Influent Specifications
The following specifications apply to samples taken at the Facility' s influent piping manifold:

Parameter Unit 2. 5 MGD Capacity ADWF
BOD @ ADWF Lbs/ day 8, 757
BOD @ PDF Lbs/ day 14, 011
TSS @ ADWF Lbs/ day 7, 089
TSS @ PDF Lbs/ day 11, 342
TKN @ ADW F Lbs/ day 1, 251
TKN @ PDF Lbs/ day 2, 002
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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit C- 1: Effluent Specifications for Surface Water Discharge VWWOS shall operate the Facility such that Effluent for surface water discharge meets the following requirements at the locations described below:

1. Limits in the following table at the effluent composite sampler Parameter Units Average Monthly Average Weekly Maximum Daily Biochemical Oxygen Milligrams per 10 15
Demand ( BOD) 5- Liter( mg/ L)
day@20° Celcius
Total Suspended Solids mg/ L 10 15
TSS)
Ammonia ( Total as mg/ L 1. 1 2. 5
Nitrogen)
Nitrate plus Nitrogen mg/ L 10 22
Total as Nitrogen)
Dibromochloromethane µg/ L 15 27
DBCM)
Dichlorobromomethane µg/ L 36 71
DCBM)
Bromoform µg/ L 17 34
Chloroform µg/ L 130 260

2. pH at the effluent pH analyzer:

6. 5 Standard Units ( SU) as an instantaneous minimum

8. 5 SU as an instantaneous maximum

3. Percent Removal: the average monthly percent removal of 5- day biochemical oxygen demand ( BODs) and total suspended solids ( TSS) shall not be less than 85% at the effluent composite sampler.

4. '` Total Residual Chlorine. Effluent total residual chlorine shall not exceed at the applicable dechlorination analyzer:
i. 0. 011 mg/ I as a 4 day average and
ii. 0. 019mg/ I as a 1 hour average
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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA

5. '` Total Coliform Organisms. Effluent Total coliform organisms shall not exceed the following with compliance measured after disinfection at the coliform sample port:
i. 2. 2 most probable number per 100 milliliters ( MPN/ 100mL), as a 7- day median ii. 23 MPN/ 100mL, more than once in a 30- day period; and iii. 240 MPN/ 100mL, at any time.

6. Filter Effluent, measured downstream of the confluence point of the three filters but prior to chlorination, does not exceed the following:
i. 0. 2 NTU more than 5 percent of the time within a 24- hour period; ii. 0. 5 NTU at any time
Notwithstanding the foregoing, items marked with an asterisk (*) shall not take effect until the dechlorination facility passes the acceptance testing, as set forth in Exhibit M.

For surface water discharge, Veolia will use Prudent Industry Practices to minimize the quantity of chlorine used to meet the requirements of this Exhibit C- 1 above, given the capabilities of the Facility and the treatment process; provided that Veolia will prioritize meeting the above requirements over minimization of chlorine.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLtA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit C- 2: Effluent Specifications for Land Discharge VWWOS shall operate the Facility to produce Effluent for land discharge that meets the following requirements at the locations described below:

1. Limits in the following table at the effluent composite sampler.

Constituent Limit Basis of Compliance
Determination
BOD5 10 mg/ L Monthly average
Total dissolved solids 950 mg/ L Flow- weighted annual average Total nitrogen 10 mg/ L Flow- weighted annual average

2. Filter Effluent turbidity, measured downstream of the confluence point of the three filters but prior to chlorination, does not exceed the following:
i. 0. 2 NTU more than 5 percent of the time within a 24- hour period; ii. 0. 5 NTU at any time

3. Prior to discharge to the recycled water storage ponds, disinfected effluent shall not exceed the following limits for total coliform organisms, measured at the coliform sample port:
a. The 7- day median concentration of total coliform bacteria measured in the disinfected effluent shall not exceed a most probable number MPN of 2. 2per 100 milliliters.

Compliance with this requirement will be determined using the median result of the seven most recent sampling events.
b. The number of total coliform bacteria shall not exceed an MPN of 23 per 100 milliliters in more than one sample in any 30 day period
c. The number of total coliform bacteria shall not exceed MPN of 240 per 100 milliliters at any time
d. The free chlorine residual contact time ( CT) shall not be less than 60- mg- min/ L and a minimum free chlorine model contact time of 32 minutes shall be maintained at all times.

CT is a product of free chlorine residual concentration in mg/ L and the free chlorine modal contact time in minutes
Wastewater measured at the effluent composite sampler shall not have a pH less than 6. 0 or greater than 9.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit D Monitoring Requirements
VWWOS shall monitor the operation of the Facility and shall measure and analyze the chemical content, physical properties, volume and flow rate of Influent entering the Facility and Effluent discharged from the Facility, and the Biosolids to reasonably demonstrate whether Influent meets the requirements of Exhibit B and whether Effluent is in compliance with the requirements of Exhibit C- 1 and Exhibit C- 2.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit E: Monitoring Equipment
Required monitoring equipment shall be provided consistent with Prudent Industry Practices and, at a minimum, include the items below:

Influent and Effluent composite samplers.

Sample collection tubing and bottles.

Hand- held field meters for measuring dissolved oxygen, electrical conductivity, temperature and pH for NPDES Permit MRP sampling that utilizes a U. S. Environmental Protection Agencyapproved algorithm/ method, calibrated and maintained in accordance with the manufacturer' s instructions. A calibration and maintenance log for each meter shall be maintained at the Facility.

Sample collection equipment and supplies, such as protective gloves.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit F: Standards for Quality Assurance and Quality Control Program VWWOS maintains a written Quality Control and Quality Assurance ( QA/ QC) Program in accordance with Prudent Industry Practices, which will be updated as reasonably required to ensure the integrity of the sampling testing and process procedures.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit G: Computerized Maintenance Management System
VWWOS shall maintain an electronic Computer Maintenance Management System ( CMMS) to generate work orders and maintain records on the Facility. Preventive maintenance work orders shall be generated by the CMMS system based on manufacturers' recommendations and as modified by VWWOS after consultation with City to reflect VWWOS' s operating experience. Work order maintenance records shall document the labor hours, cost, and cost of materials used. Monthly and annual work order summaries shall be reported to City. VWWOS shall conduct all activities to maintain and enforce new and existing equipment warranties and guarantees.

VWWOS shall use the CMMS to maintain asset inventory information. The CMMS or separate software shall be used to maintain a system of inventory control. The following information shall be maintained in the CMMS:

Inventory identification and description
Location identification
Manufacturer, make, model and numerical id
Unit and unit cost
Supplier and manufacturer contact information
Spare parts list
Preventive maintenance requirements
VWWOS shall use the CMMS to ( i) maintain information in compliance with Rule 34 of the General Accounting Standards Board, ( ii) update that information not less than annually in conjunction with City' s financial audit of all City financial activity, and ( iii) provide an annual report to the City in time for its use by City auditors with respect to that audit.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit H: Corrective Maintenance and Repair Monthly Report On a monthly basis, on the 15' h day following the calendar month for the reporting period, VWWOS shall provide a summary report indicating all corrective maintenance and repairs conducted during the month. The reports shall consist of reports generated by the Computerized Maintenance Management System ( CMMS) as supplemented ( electronically altered, or by additional reports) to provide, at a minimum, the following information:

All initiated corrective work requests/ orders during the month. including date and description All corrective work orders completed/ closed during the month, including dates, description of problem, description of work accomplished, material cost and labor information.

All corrective work orders on which work progressed during the month, in terms of costs or labor expended.

A listing, with estimated costs, of major corrective maintenance planned or anticipated during the upcoming month.

A summary of maintenance cost expenditures to date, in comparison with budgeted costs, including projections through the end of the current contract year.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit I: Facility Process Flow Diagram and Site Plan
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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit J: Facility and Site Security Requirements
The Services shall include:

Monitoring of all entrances and exits with motion detectors and video surveillance.

Securing access to the Facility and other structures on the Site with card locks or other devices approved by City, allowing access only by VWWOS and appropriate City staff, or their designees.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit K: Service Fee
The monthly Service Fee, as of July 1, 2022, shall be $ 138, 761. 67.

All future amounts to be adjusted for inflation in each subsequent year as of July 1 of that year as set forth in Section 7.2( b) of the Agreement.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit L
Points of Influent and Effluent Delivery
Points of Influent Delivery: At the points A1 through A6, as depicted on the following Diagram L- 1.

Points of Influent Deliverv: At the points B1 and B2 as depicted on the followinq Diaqram L-2.

Additional Veolia Valves: At the points B1 and 62 as depicted on the following Diagram L- 3.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Diagram L- 1
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4 Influant Pelivery Point A4 includes CTF `
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Pressate flows. Pressate fiows ihrough
n( luent Delivery Point A4 are the Mj4. 1
responsibility of VWWOS.

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AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
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154

AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
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Page L- 4
155

AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Exhibit M
VWWOS Acceptance Testing Procedures
The following are tests to be performed by VWWOS staff, the outcome of each of which must be acceptable to VWWOS, acting reasonably and consistent with Prudent Industry Practices:

1. Check control strategy and automatic operation of all gates from filtrate storage to chlorine contact basin. Verify that all gates are fully functional and control strategy allows for automatic adjustment to accommodate changes in flow and shutdown/ diversion as applicable. Failure to accommodate the necessary flow range or inability to transition for shutdown/ diversion will require adjustment to the control strategy prior to acceptance.

2. Check flow pacing operation of chlorine dosing.
a. This check should be performed multiple times during the day and on multiple days to verify flow pacing of chlorine during diurnal flow variations b. Calculate daily chlorine usage using the daily flow and check against the drawdown in the hypochlorite storage tank to validate chemical tracking c. Check operation of the chlorine dose trim loop by varying chlorine dose/ residual setpoints multiples times in a day as well as on multiple days.
d. Collect separate grab samples close to each chlorine analyzer/ probe and compare analyzer/ probe reading to onsite residual chlorine test results for verification. This testing also needs to be conducted multiple times in a day and on multiple days. e. Following the above checks, adjust the chlorine dose setpoint below the compliant contact time requirement to check the automatic operation of the compliance valves to the ESB.

If the system does not adjust accurately or timely to provide for the proper dosing for any of the above items, the control strategy will need to be adjusted and perform to meet acceptable disinfection limits .

3. Check control strategy of the dechlorination system and verify the flow pacing strategy adjusts timely and accurately. Checks should be performed as noted in Items 2a. through 2d. above for chlorination. Following checks on flow pacing strategy, the following additional checks should be performed to verify the trim strategy and ensuing residual chlorine. The trim strategy verification should be conducted on multiple days and at various chlorine dosages that will provide a broad range of residual chlorine concentration in the influent to the dechlorination basin. This verification should be carried out in a sequential manner to verify operation under various flow and load conditions. Each of the steps should be checked over a period of 24 hours to cover diurnal variations in flow and load.
a. Set the chlorine dosage at the design set point of 12 mg/ L. Set the bisulfite dosage to the dosage specified at 1. 3 mg/ mg C12 residual.
i. Monitor residual chlorine in influent to dechlorination, bisulfite feed rate, and chlorine residual at the midway probe in the dechlorination basin to ensure reaction is taking place at an acceptable rate to meet effluent residual allowances on a repeatable basis.
ii. Monitor changes in bisulfite feed rate as trimming occurs. Compare bisulfite usage with actual drawdown to validate dosage tracking
iii. Monitor chlorine residual in the effluent from dechlorination against compliance values. Randomly verify probe/ analyzer readings to results from grab sample analysis using onsite tests. Verify that effluent residual chlorine concentrations are below permit limits under all flow and load conditions. Failure to do so will result in changes need to the control loop prior to acceptance. b. Adjust chlorine dosage to a set point of 10 mg/ L. Keep the bisulfite dosage at 1. 3 mg/ mg.

Repeat steps i. through iii. in a. above.
c. Adjust chlorine dosage to a set point of 8 mg/ L. Keep the bisulfite dosage at 1. 3 mg/ mg.

Page M- 1
156

AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Repeat steps i. through iii. in a. above.
d. Repeat b. and c. at higher chlorine dosage rates of 14 mg/ L and 16 mg/ L. Failure to meet the reaction rate and acceptable treatment to comply with the NPDES permit will require a change to the control loop. The trim loop should automatically adjust bisulfite dosage based on midway residual chlorine concentration. If necessary to meet effluent residual chlorine levels increase bisulfite set point gradually by steps of 0. 1 mg/ mg until the required residual is met. Do not exceed the maximum bisulfite dose rate of 15 mg/ L which could lead to deoxygenation. If the process does not function within the dosage requirements ( 2mg/ L Min, 15 mg/ L max) and meet the effluent criteria in the NPDES permit for chlorine residual ( instantaneous grab), the system will not be accepted until such time as this can be achieved on a consistent basis.

Following the successful completion of the above tests, Veolia will continue to monitor the dechlorination system for a functionality testing period of at least one ( 1) year prior to full acceptance of the system, which will allow for checking the automatic operation of the various valves and gates. In addition, this period will allow for verification of alarms, etc., during normal operations as well as fluctuations in external factors such as seasonal changes. In order to achieve full acceptance of the Facility and effectiveness of the starred guarantee items in Exhibit C- 1, the Facility must achieve continuous operations for at least thirty consecutive days with no unexplained or unresolved functioning of the system ( including, but not limited to, under/ over dosing or lack of response to fluctuations in the flow/ demand for the chlorine or sodium bi- sulfite) ( the" Operating Conditions") during each quarter of the testing year( January to March, April to June, July to September, and October to December). If the Facility does not achieve the Operating Conditions for a particular quarter, then the guarantee for the starred items will not become effective until the Operating Conditions are met in the same quarter in a subsequent year.

Page M- 2
157

AMENDED AND RESTATED WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT between VEOLIA WATER WEST OPERATING SERVICES, INC. and

CITY OF LATHROP, CALIFORNIA
Page M- 3
158
ITEM 4. 8

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASE FROM ROTO- LITE, INC.

FOR LANDSCAPE IMPROVEMENT LIGHTING ON

LATHROP ROAD, LOUISE AVENUE, AND

GOLDEN VALLEY PARKWAY
RECOMMENDATION: Adopt Resolution Approving the Purchase from Roto- Lite, Inc. for Streetscape Median Lighting
on Lathrop Road from South Harlan Road to
Fifth Street; Louise Avenue from South Harlan
Road to Fifth Street; and Golden Valley
Parkway from Towne Centre Drive to River
Islands Parkway.

SUMMARY:

Over the past few years, the City has taken steps to continually improve major arterials throughout the City of Lathrop. On May 10, 2021, City Council approved Resolution 21- 4883 for the construction of inedian landscape improvements throughout the City. In December of 2022, staff obtained three written quotes for landscape median lighting. Roto- lite, Inc. was the lowest quote and staff purchased the landscape median lights in the amount of $ 39, 153. 84. The median lights were installed at City Hall, the Towne Centre Drive roundabout, the Police Department Police Station, and the intersection of River Islands Parkway and Golden Valley Parkway.

As staff continues to incorporate quality of life benefits and improve roadway appearance, staff is requesting to install the same streetscape median lights along Lathrop Road from South Harlan Road to Fifth Street; Louise Avenue from South Harlan Road to Fifth Street; and Golden Valley Parkway from Towne Centre Drive to River Islands Parkway. Staff is requesting to use the same lighting apparatus provided by Roto- lite, Inc. The lighting apparatus' provided by Roto- lite, Inc. are a customized product, which have essential unique design and performance features.

The features include internal network compatibility and connectivity software that works with the City' s existing lighting, specific bulb output wattage, adjustable kelvin temperatures ( 2700k- 6500k) to match existing lighting aesthetics, and RGBW ( Red, Green, Blue, White) color light output. The aesthetics of the fixture also matches the outward appearance of the existing equipment to create a uniform appearance. The proposed purchase amount for the additional streetscape median lights from sole source provider Roto- lite, Inc. for materials is $ 121, 299. 89. 159

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE FROM ROTO- LITE, INC. FOR LANDSCAPE

IMPROVEMENT LIGHTING ON LATHROP ROAD, LOUISE AVENUE, AND

GOLDEN VALLEY PARKWAY
BACKGROUN D:

The City of Lathrop has a long history of continually improving major arterials, including Lathrop Road, Louise Avenue, and Golden Valley Parkway. On May 10, 2021, City Council approved Resolution 21- 4883 which approved CIP GG 21- 15 for the construction of inedian landscape improvements throughout the City. These improvements are needed to accommodate development, reduce traffic congestion, increase safety and improve quality of life benefits.

As a way to incorporate quality of life benefits and improve roadway appearance, in December of 2022, staff obtained three written quotes for landscape median lighting.

Roto- lite, Inc. was the lowest quote and staff purchased the landscape median lights in the amount of $ 39, 153. 84. The median lights were installed at City Hall, the Towne Centre Drive roundabout, the Police Department Police Station, and the intersection of River Islands Parkway and Golden Valley Parkway.

As staff continues to incorporate quality of life benefits and improve roadway appearance, City staff proposed to install the same streetscape median lights along Lathrop Road from South Harlan Road to Fifth Street; Louise Avenue from South Harlan Road to Fifth Street; and Golden Valley Parkway from Towne Centre Drive to River Islands. The proposed lights would add a visual enhancement to the median trees. Staff is requesting to use the same lighting apparatus provided by Roto- lite, Inc. The lighting apparatus provided by Roto- lite, Inc. are a customized product, with a unique design and essential performance features. The features include internal network compatibility and connectivity software that works with the City' s existing lighting, specific bulb output wattage, adjustable kelvin temperatures 2700k- 6500k) to match existing lighting aesthetics, and RGBW ( Red, Green, Blue, White) color light output. The aesthetics of the fixture also match the outward appearance of the existing equipment to create a uniformed and clean appearance.

The additional amount for the proposed streetscape median lights from sole source provider Roto- lite, Inc. is $ 121, 299. 89.

RECOMMENDATION:

Adopt Resolution Approving the Purchase of Streetscape Median Lighting for Lathrop Road from South Harlan Road to Fifth Street; Louise Avenue from South Harlan Road to Fifth Street; and Golden Valley Parkway from Towne Centre Drive to River Islands Parkway.
160

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE FROM ROTO- LITE, INC. FOR LANDSCAPE

IMPROVEMENT LIGHTING ON LATHROP ROAD, LOUISE AVENUE, AND

GOLDEN VALLEY PARKWAY
FISCAL IMPACT:

Funds are available within the FY 22/ 23 budget to cover the purchase amount for the streetscape median lights from Roto- lite, Inc., which includes materials, and in house tree and electrical installation costs which shall not exceed $ 121, 299. 89.

ATTAC H M E NTS:

A. Resolution Approving the Purchase from Roto- Lite, Inc. for Streetscape Median Lighting on Lathrop Road from South Harlan Road to Fifth Street; Louise Avenue from South Harlan Road to Fifth Street; and Golden Valley Parkway from Towne Centre Drive to River Islands Parkway
B. Roto- lite, Inc. Quote
161

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE FROM ROTO- LITE, INC. FOR LANDSCAPE

IMPROVEMENT LIGHTING ON LATHROP ROAD, LOUISE AVENUE, AND

GOLDEN VALLEY PARKWAY
APPROVALS:
1- Zy. 23
Todd Se stian Date
Director of Parks, Recreation
and Maintenance Services
J7 02 -
Cari Jame Date
Director of nance
3 - 2 • zo23
Michael King Date
Assistant City Manager
Z - z
Salvador Navarrete Date
City Attorney
3•- t• 23
Step en J. Salvatore Date
City Manager
162
RESOLUTION NO. 23-
A RESOLUTION APPROVING THE PURCHASE FROM ROTO- LITE, INC. FOR

STREETSCAPE MEDIAN LIGHTING ON LATHROP ROAD FROM SOUTH HARLAN ROAD TO FIFTH STREET; LOUISE AVENUE FROM SOUTH HARLAN ROAD TO FIFTH STREET; AND GOLDEN VALLEY PARKWAY FROM TOWNE CENTRE

DRIVE TO RIVER ISLANDS PARKWAY
WHEREAS, over the past few years, the City has taken steps to continually improve major arterials throughout the City of Lathrop; and WHEREAS, as a way to incorporate quality of life benefits and improve roadway appearance, in December of 2022, staff obtained three written quotes for landscape median lighting; and
WHEREAS, Roto- lite, Inc. was the lowest quote and staff purchased the landscape median lights which were installed at City Hall, the Towne Centre Drive roundabout, the Police Department Police Station, and the intersection of River Islands Parkway and Golden Valley Parkway; and
WHEREAS, City staff proposes to install the same streetscape median lights along Lathrop Road from South Harlan Road to Fifth Street; Louise Avenue from South Harlan Road to Fifth Street; and Golden Valley Parkway from Towne Centre Drive to River Islands; and
WHEREAS, the total amount of the project was $ 39, 153. 84; and WHEREAS, staff is requesting to use the same lighting apparatus provided by Roto- lite, Inc. because they are a customized product, with unique design and performance features, including, internal network compatibility and connectivity software that works with the City' s existing lighting, specific bulb output wattage, adjustable kelvin temperatures ( 2700k- 6500k) to match existing lighting aesthetics, and RGBW ( Red, Green, Blue, White) color light output along with the aesthetics of the fixture matching the outward appearance of the existing equipment to create a uniformed and clean appearance; and
WHEREAS, the proposed agreement cost for the streetscape median lights from sole source provider Roto- lite, Inc. is $ 121, 299. 89; and WHEREAS, sufficient funds are available within the FY 22/ 23 budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approves the sole source purchase from Roto- lite, Inc. for the streetscape median lights in the amount of $ 121, 299. 89.
163
The foregoing resolution was passed and adopted this 13T" day of March, 2023, by the following vote of:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 164
Roto- Lite, Inc
84701 Ave 4$ Coachella, CA
i207'AT[ NAL. MQLT7iMCi h 1. A3r' C?& i' RS" 1' i;!(>JP' 9']":{ rotoliteinc. com
r
M

BILL TO SHIP TO
City of Lathrop TBD Quote Date: 1/ 26/ 2023
Valid For: 30 days
LJ
V
RGBW Palm Tree Ring 6 Spotlights- 24" 99 $ 1, 099. 99 $ 108, 899. 01 i e_
Transformer& Waterproof Box 100W 99 F $ 94 99 $ 9 899 01 ! w_ . e. ........ r_. a . 4.__ , . . m.___._._. ..... ,.. s
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SUBTOTAL $ 118,798. 02
DISCOUNT $ 8,909. 86
SUBTOTAL LESS DISCOUNT $ 109, 888. 16
Thank you for your business! TAX RATE 8. 75°io
TOTAL TAX $ 9, 615. 21
SHIPPING/ HANDLING $ 1, 796. 52
Quote Total $ " 12"1$ J
165
166
ITEM 4. 9

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER NO. 1

WITH TIM PAXIN' S PACIFIC EXCAVATION,
INC. DBA PACIFIC EXCAVATION FOR

STREETLIGHTS FOR LOUISE AVENUE
LANDSCAPE, CIP GG 21- 15
RECOMMENDATION: Approve Contract Change Order No. 1 with Tim Paxin' s Pacific Excavation, Inc. dba Pacific
Excavation for Streetlights for Louise Avenue
Landscape, CIP GG 21- 15
SUMMARY:

On September 12, 2022, City Council awarded a construction contract to Tim Paxin' s Pacific Excavation, Inc. dba Pacific Excavation ( Pacific Excavation) for the installation of streetlights and landscape lighting in the medians of Louise Avenue ( Project).

After the design was finished, additional landscape up- lighting was added to the Project. The additional lighting required larger gauge and longer runs of power wiring, additional underground conduit bores, and service panel modifications to provide adequate power to the ground- and tree- based landscape lighting.

Sufficient funds were not allocated for this CCO No. 1 in FY 22/ 23. Therefore, staff requests City Council approve CCO No. 1 for $ 190, 662, a budget amendment transferring $ 110, 000 from the Streets Reserves Fund ( 1010) to the CIP Project Fund 3310), and authorize staff to spend the additional funds as necessary to achieve the goals of the Project.

BACKGROUND:

On September 12, 2022, City Council awarded a contract to Pacific Excavation for the installation of streetlights and landscape lighting in the medians of Louise Avenue between Interstate 5 and Fifth Street. The total Project budget was approved for 682, 143, with a construction contract amount of $ 593, 167 and a 15% construction contingency of $ 88, 975.

After the design was finished, additional landscape up- lighting was added to the Project. The additional lighting required larger gauge and longer runs of power wiring, additional underground conduit bores, and service panel modifications to provide adequate power to the ground- and tree- based landscape lighting.

Pacific Excavation quoted $ 190, 662 for the additional tasks. Staff has reviewed the cost and found them reasonable or consistent with unit costs submitted at time of bid.
167
CITY MANAGER' S REPORT PAGE 2
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CCO. 1 WITH TIM PAXIN' S PACIFIC EXCAVATION, INC. DBA

PACIFIC EXCAVATION FOR STREETLIGHTS FOR LOUISE AVENUE
LANDSCAPE, CIP GG 21- 15
Staff requests Council approve CCO No. 1 with Pacific Excavation for Streetlights for Louise Avenue Landscape, CIP GG 21- 15.

REASON FOR RECOMMENDATION:

The additional necessary work listed in proposed CCO No. 1 is necessary for the proper functioning of the landscape lighting system in the Louise Avenue medians.

FISCAL IMPACT:

The approved contract with Pacific Excavation is for $ 593, 167, with a 15% construction contingency in the amount of $ 88, 975, for a total Project budget of 682, 143.

The cost of CCO No. 1 is $ 190, 662. Sufficient funds for proposed CCO 1 will be allocated during the mid- year budget adjustment; therefore, no budget amendment is needed at this time.

ATTACHMENTS:

A. Resolution Approving Contract Change Order No. 1 with Tim Paxin' s Pacific Excavation, Inc. Dba Pacific Excavation for Streetlights for Louise Avenue Landscape, CIP GG 21- 15 and Approve Budget Amendment
B. Contract Change Order No. 1 with Tim Paxin' s Pacific Excavation, Inc. dba Pacific Excavation for Streetlights for Louise Avenue Landscape, CIP GG 21- 15 168
CITY MANAGER' S REPORT PAGE 3
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CCO. 1 WITH TIM PAXIN' S PACIFIC EXCAVATION, INC. DBA

PACIFIC EXCAVATION FOR STREETLIGHTS FOR LOUISE AVENUE
LANDSCAPE, CIP GG 21- 15

APPROVALS
e r 3. I . 23
Steven Hollenbeak Date
Assistant Engineer
3 Ken Reed Date
Senior Construction Manager
3?. z3
Brad ylor Date
City Engineer
3 Cari James Date
Finance Dir ctor
Tj• 2• Zoz3
Michael King Date
Assistant City Manager
3 - - zo Z3
Salvador Navarrete Date
City Attorney
23 Stephen J. Salvatore Date
City Manager
169
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING CONTRACT CHANGE ORDER NO. 1 WITH TIM PAXIN' S PACIFIC EXCAVATION, INC. DBA PACIFIC EXCAVATION FOR STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE, CIP GG 21- 15
WHEREAS, on September 12, 2022, City Council awarded a construction contract to Tim Paxin' s Pacific Excavation, Inc., dba Pacific Excavation ( Pacific Excavation) for the installation of streetlights and landscape electrical lighting and appurtenant infrastructure for Streetlights for Louise Avenue Landscape, CIP GG 21- 15 ( Project); and
WHEREAS, the approved contract between the City of Lathrop and Pacific Excavation was in the amount of $ 593, 167 plus a 15% construction contingency of 88, 975 for a total project budget of $ 682, 143; and
WHEREAS, additional labor and materials are required to connect power and provide necessary appurtenances to the road median electrical systems powering the landscape lighting; and
WHEREAS, Pacific Excavation has provided the City a cost estimate of 190, 662 for the proposed Contract Change Order No. 1 ( CCO No. 1) to fund the additional work, and sufficient funds will be allocated to the Project at the mid- year budget adjustment; and
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve Contract Change Order No. 1 with Tim Paxin' s Pacific Excavation, Inc., dba Pacific Excavation in the amount of $ 190, 662 for Streetlights for Louise Avenue Landscape, CIP GG 21- 15.
170
The foregoing resolution was passed and adopted this 13th day of March, 2023, 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 171
i.' g
i
CHANGE ORDER NO. 1
Streetlights for Louise Avenue Landscape Improvements
CIP GG 21- 15 City of Lathrop
CONTRACT CHANGE ORDER NO. 1
STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE. CIP GG 21- 15 Contractor: Tim Paxin' s Pacific Excavation, Inc dba Pacific Excavation Address: 9697 Kent Street
Elk Grove, CA 95624
Change Order Date: March 13, 2023
Notice to Proceed Date: October 11, 2022
Contract Execution Date: September 12, 2022
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and Tim Paxin' s Pacific Excavation, Inc dba Pacific Excavation dated September 12, 2022.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITIONS TO CONTRACT
NO. DESCRIPTION QTY. UNIT UNIT PRICE TOTAL
1 Materials and labor for conductors, boring 1 LS $ 190, 662. 00 $ 190, 662. 00 and service panel modifications to
landsca e li htin ower su I
OTAL ADDITIONAL COST FROM THIS CHANGE ORDER 190, 662. 00 ORIGINAL CONTRACT AMOUNT 593, 167. 00
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 1 783, 829. 00

END OF CHANGES)

DESCRIPTION OF WORK
See " II. ADDITIONS TO CONTRACT," above for work description. The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The extra work will add 30 working days to the original contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 1. 172
CHANGE ORDER NO. 1
Streetlights for Louise Avenue Landscape Improvements
CIP GG 21- 15 City of Lathrop
Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract.

Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
173
CHANGE ORDER NO. 1
Streetlights for Louise Avenue Landscape Improvements
CIP GG 21- 15 City of Lathrop
Approved As
To Form: 13
Salvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By:

Michael King Date
Assistant City Manager
City of Lathrop
Approved By:

Stephen J. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

Tim Paxin' s Pacific Excavation, Inc. Date
dba Pacific Excavation
Print Name and Title
174

EXHIBIT A

DATE PEI JOB NUMBER
EXCAVATION INC.
12113122 22- 2233
uc. ssaaoo C- 10 3 A
9796 Kent Street CHANGE ORDER PROPOSAL
Elk Grove, CA 95624 PACIFIC PCO# 1
916) 686- 2800 * Fax( 916) 686- 2598 cco#
California License# 694400- C- 10& A

PROJECT
STREET LIGHTS FOR LOUISE AVE. LANDSCAPE

ITEM ITEM ESTIMATED UNIT OF UNIT ITEM
DESCRIPTION QUANTtTY MEASURE PRICE TOTAL

LIST OF EXTRA WORK REQUIRED TO PROVIDE POWER TO THE MEDIAN ELECTRICAL SYSTEMS- LOW VOLTAGE

TRANSFORMERS, TREE RECEPTACLES, IRRIGATION CONTROLLERS WHICH REQUIRE LARGE FEEDERS DUE TO

VOLTAGE DROP
MOBILIZE BORE CREW DAY 1 TO INSTALL 360' OF
TAG 3" CONDUIT AT HARLAN TO ACCOMMODATE
1 LS 10, 510. 00 $ 10, 510. 00 1 LARGER CONDUCTORS FOR ELECTRICAL

SYSTEMS
MOBILIZE BORE CREW DAY 2 TO INSTALL 360' OF
TAG 3" CONDUIT AT HARLAN TO ACCOMMODATE
1 LS 11, 416. 00 $ 71, 416. 00 2 LARGER CONDUCTORS FOR ELECTRICAL

SYSTEMS
TAG INTERCEPT 4" CROSSING AT WARFIELD TO FEED
3 STREET LIGHT& IRRIGATION CONTROLLER WITH 1 LS 7, 325. 00 7, 325. 00

LARGE FEEDERS
MISC CONDUIT, PULL BOX AND NEMA 3R CAN TO
T4G
ACCOMMODATE LARGE CONDUCTORS TO ENTER 1 LS 5, 206. 00 5, 206. 00 REAR OF SERVICE AT HARLAN ( DAY 1)
MISC CONDUIT, PULL BOX AND NEMA 3R CAN TO
T5G
ACCOMMODATE LARGE CONDUCTORS TO ENTER 1 LS 3, 676. 00 3, 676. 00 REAR OF SERVICE AT HARLAN( DAY 2)

TAG INSTALL SUB PANEL AT CAMBRIDGE ON NEW
LS 6, 391. 00 6, 391. 00 6 FOUNDATION( DAY 1)

TAG INSTALL SUB PANEL AT CAMBRIDGE ON NEW
1 LS 9, 262. 00 9, 262. 00 7 FOUNDATION( DAY 2)
TAG

PROOF ALL EXISTING CONDUITS& REPLACE PULL
TAPE WITH MULE TAPE TO PREPARE TO INSTALL 1 LS 5, 276. 00 5, 276. 00

LARGER CONDUCTORS
TAG PLACE ALL LARGE CONDUCTORS FROM 3
9 SERVICES TO ALL ELECTRICAL SYSTEMS IN THE 1 LS 120, 080. 00 $ 120, 080. 00

MEDIAN ISLANDS, SPLICE& TEST
UPGRADE 18 LIGHTING PULL BOXES TO# 5 TO
ACCOMMODATE LARGER CONDUCTORS FOR ALL 1 LS 3, 600. 00 3, 600. 00

SYSTEMS TERMINATIONS/ SPLICING

FIELD MOD SERVICE AT LOUISE& FIFTH TO ADD
LS 3, 960. 00 3, 960. 00 BREAKERS, CONTACTORS AND CONTROLS

FIELD MOD SERVICE AT LOUISE& HARLAN TO ADD
1 LS 3, 960. 00 3, 960. 00 BREAKERS, CONTACTORS AND CONTROLS TOTAL 190, 662. 00
175
176
ITEM 4. 10

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASE FROM JAM SERVICES, INC. FOR

TRAFFIC SIGNAL EQUIPMENT FOR THE LOUISE AND

MCKINLEY AVENUE INTERSECTION IMPROVEMENTS,
CIP PS 15- 02 AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve Purchase from ) am Services, Inc. for Traffic Signal Equipment for the
Louise Ave and McKinley Ave Intersection
Improvements, CIP PS 15- 02 and Approve Budget
Amendment
SUMMARY:

Capital Improvement Project ( CIP) PS 15- 02 for Louise Avenue and McKinley Avenue intersection improvements ( Project) will widen Louise Avenue, modify lane configurations and upgrade the existing traffic signal at the intersection.

There is an approximate 20- week lead- time for purchase and delivery of traffic signal poles and equipment. To be prepared for construction of the Project this summer, staff requested a quote from JAM Services, Inc. ( Jam Services) to purchase the traffic signal equipment that includes framework, LED traffic signal display, audible pedestrian pushbutton, battery backup system, and galvanized signal poles. Jam Services provided their proposal ( Attachment B") for a total cost of $ 167, 980.

The 2022 City of Lathrop Standards upgrades to signal equipment must include new accessible pedestrian push buttons from Polara Enterprises, LLC ( Polara) and illuminated LED street name signs from Temple Edge- Lit ( Temple). Jam Services provided documentation from Polara and Temple explaining that Jam Services is the exclusive distributor of these two signal components ( Attachment ' C"). Pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110( A), Jam Services is determined by the Assistant City Manager as the sole source provider of the required signal equipment and therefore exempt from bidding procedures.

After reviewing the quote, staff is requesting Council approve the purchase from Jam Services for the traffic signal equipment to be used for the Project. Sufficient funds in the approved Fiscal Year ( FY) 22/ 23 budget are available within the East Side Lathrop Capital Facilities Fees ( CFF). Therefore, staff is also requesting a budget amendment transferring $ 170, 000 from the East Side Lathrop ( CFF) ( 2250) to the Project to pay for the traffic signal equipment cost.
177
CITY MANAGER' S REPORT PAGE 2
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE FROM 7AM SERVICES, INC. FOR TRAFFIC SIGNAL

EQUIPMENT FOR THE LOUISE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND APPROVE BUDGET AMENDMENT BACKGROUND:

In 2015, City Council approved the creation of CIP PS 15- 02 for intersection improvements at Louise Avenue and McKinley Avenue. The Project' s scope of work includes widening Louise Avenue, modifying lane configurations and upgrading the traffic signal at the intersection. The new signal equipment includes LED traffic signal display, framework, audible pedestrian pushbutton, battery backup system, video cable, and galvanized signal poles.

Jam Services supplies the City with signal equipment for citywide signalized intersections and has provided Sole Source Documentation ( Attachment " C") for exclusive distribution of signal components needed for the Project pursuant to City Standards. There is an approximate 20- week lead- time for purchase and delivery of traffic signal poles and equipment. To be ready for construction this summer, staff requested and received a quote ( Attachment" B") from Jam Services for the purchase of the signal equipment for a total cost of $ 167, 980.

Staff reviewed the quote and requests Council approve the purchase from Jam Services for the traffic signal equipment to be used for the Project.

RECOMMENDATION:

With Planning, Design, and Right- of-Way ( ROW) phases completed, the Project is moving forward to the Construction phase. There is an approximate 20- week leadtime for purchase and delivery of materials. Ordering the materials now will allow the City to plan for construction for this summer.

FISCAL IMPACT:

The purchase for the traffic signal equipment needed for the Project has a total cost of $ 167, 980. There is not sufficient funding within the Project' adopted FY 2022/ 23 budget. However, additional funds are available from the East Side Lathrop ( CFF).

Staff requests City Council approve a budget amendment transferring $ 170, 000 from the East Side Lathrop ( CFF) ( 2250) to the Streets CIP Fund ( 3310) as follows:

Increase Transfer Out
2250- 9900- 990- 9010 170, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 15- 02 170, 000
Increase A propriation
3310- 8000- 420- 1200 PS 15- 02 170, 000
178
CITY MANAGER' S REPORT PAGE 3
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE FROM JAM SERVICES, INC. FOR TRAFFIC SIGNAL

EQUIPMENT FOR THE LOUISE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND APPROVE BUDGET AMENDMENT ATTACH M ENTS:

A. Resolution to Approve Purchase from Jam Services, Inc. for Traffic Signal Equipment for the Louise Avenue and McKinley Ave Intersection Improvements, CIP PS 15- 02 and Approve Budget Amendment
B. Quote - JAM Services, Inc.

C. Sole Source Letters - Polara Enterprises, LLC and Temple Edge- Lit 179
CITY MANAGER' S REPORT PAGE 4
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE FROM 7AM SERVICES, INC. FOR TRAFFIC SIGNAL

EQUIPMENT FOR THE LOUISE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND APPROVE BLIDGET AMENDMENT APPROVALS:
03 — . _ ,
Angel A arca Date
Assistant Engineer
3 5 2 23
Brad T lor Date
City Engineer
o2mo
Cari Ja Date
Financ r`Director
3- 8 -Zo23
Michael King Date
Assistant City Manager
O--
Salvador Navarrete Date
City Attorney
3' g-'' J
Stephen J. Salvatore Date
City Manager
180
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE PURCHASE FROM ] AM SERVICES, INC. FOR TRAFFIC SIGNAL

EQUIPMENT FOR THE LOUISE AVENUE AND MCKINLEY AVENUE
INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND APPROVE BUDGET

AMENDMENT
WHEREAS, Capital Improvement Project ( CIP) PS 15- 02 for Louise Avenue and McKinley Avenue Intersection Improvements ( Project) will widen Louise Avenue, modify lane configurations and upgrade the existing traffic signal at the intersection; and
WHEREAS, to be prepared for construction of the Project this summer, staff requested a quote from JAM Services, Inc. ( Jam Services) to purchase the traffic signal equipment that includes framework, LED traffic signal display, audible pedestrian pushbutton, battery backup system, and galvanized signal poles; and WHEREAS, Jam Services provided their proposal for a total cost of $ 167, 980; and
WHEREAS, the 2022 City of Lathrop Standards upgrades to signal equipment must include new accessible pedestrian push buttons from Polara Enterprises, LLC Polara) and illuminated LED street name signs from Temple Edge- Lit ( Temple); and WHEREAS, Jam Services provided documentation from Polara and Temple explaining that Jam Services is the exclusive distributor of these two signal components; and
WHEREAS, pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110( A), ) am Services is determined by the Assistant City Manager as the sole source provider of the required signal equipment and therefore exempt from bidding procedures; and WHEREAS, after reviewing the quote, staff is requesting Council approve the purchase from Jam Services for traffic signal equipment to be used for the Project; and
WHEREAS, sufficient funds in the approved Fiscal Year ( FY) 22/ 23 budget are available within the East Side Lathrop Capital Facilities Fees ( CFF). Therefore, staff is requesting a budget amendment transferring $ 170, 000 from the East Side Lathrop CFF) ( 2250) to the Streets CIP Fund ( 3310) as follows:
181
Increase Transfer Out
2250- 9900- 990- 9010 170, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 15- 02 170, 000
Increase A propriation
3310- 8000- 420- 1200 PS 15- 02 170, 000
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the purchase with Jam Services, Inc. for traffic signal equipment for the Project for a total cost of $ 167, 980 and authorize the insurance of a purchase order to accomplish the same; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves a budget amendment transferring $ 170, 000 from the East Side Lathrop CFF) ( 2250) to the Streets CIP Fund ( 3310) as described above. 182
The foregoing resolution was passed and adopted this 13th day of March 2023, 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 183

ATTA MENT

QUOTATION
s
958 East Airway Blvd.

Livermore, CA 94551
QUOTATION# JGM020623A2
Project Name: City of Lathrop E. Louise& McKinley
Bid Date: 02- 06- 23 UPDATED 02- 14- 23
Quote Based on Plans Dated: 04- 21- 21
Specifications Provided? NO
JAM Services is pleased to provide the following price quotation for the subject project:

LOCATION: E. Louise Ave& McKinley Ave Intersection
Traffic signal display to include: vehicle and pedestrian signal, framework, pedestrian pushbutton, and thru bolts. All red, yellow and green signal sections shall be LED. Pedestrian signal shall be LED/ LED.

Includes Audible Tactile PPB Total Price 27, 990
Battery Backup System Total Price 4, 650
EVP package to include:
3) 721 detector
Total Price 7, 614
2) 762 discriminator
Pole package to include:
3) Galvanized type 29- 5- 100, 50,
15 4) " 15TS, 15
4) " l- B 10'
Total Price 113, 570
4) " PBA Post 5'
2) LED IISNS " McKinley Ave"
2) LED IISNS " Louise Ave"
8) Roadway 1 LED luminaire
Sign Package to Include
4) R73- 3
Total Price 640
SUBTOTAL PRICE 154, 464
FREIGHT Included
SALES TAX( IF APPLICABLE): $ 13, 516
TOTAL PRICE 167, 980
Standard Exclusions:

Service pedestals are not included unless expressly noted.

Pedestrian Barricades are not included expressly noted.

CCTV cable is included up to 200' per camera. If longer runs are required, cost will need to be evaluated.

For CCTV, RRFB, Speed feedback signs and Communication/ ITS materials and other auxillary items- onsite support is not included uniess expressly noted.

All pricing assumes standard daytime turn- on M- F where applicable. If nighttime or weekend turn on is required, it may be subject to additional fees.
184
ATTACHME iY'
N
P A
Enterprises, LlC
February 1, 2023
To Whom It May Concern:

This letter is to serve as notification that JAM Services, Inc., is Polara Enterprises' exclusive distributor for the state of California.

If you have any questions, please feel free to give me a call.

Sincerely,
f; ,
t,` '
Matthew Baker
Vice President Sales
Marketing
Polara. com 1497 CR 2178, Greenville, TX 75402 Cell: 330- 754- 7760 mbaker@polaraent. com Compliances: ADA, MUTCD, PROWAG, Build America, ISO 9001: 2015 certified 185

TEMPLE EDGE- LIT
tnternally- Illuminated LED Signs
February 10, 2023
Re: Authorized Temple Edge- Lit IISNS Distributor Notification Temple Edge- Lit Internally- Illuminated LED Signs is proud to partner with JAM Services, Inc., of Livermore, California, as its sole distribution partner in the State of California.

Temple Edge- Lit Internally- Illuminated LED Signs is committed to employing a local workforce, and Temple Edge- Lit Signs are built, down to the component level, at our manufacturing facility in Decatur, Alabama.

For questions of details, please contact Adrian Baker, Temple Edge- Lit National Accounts Manager, at adrian. baker@temple- inc. com or by phone at 256. 318. 7549 ( mobile).

Thank you,
Adrian S. Baker
National Accounts Manager
Temple Edge- Lit
800. 633. 3221 toll free
186
ITEM 4. 11

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PARCEL MAP 22- 09 AND OFFSITE

IMPROVEMENT AGREEMENT WITH LATHROP LAND

ACQUISITION, LLC FOR TWO COMMERCIAL AND

HIGH DENSITY LOTS LOCATED IN THE CLSP

COMMERCIAL AREA
RECOMMENDATION: Adopt Resolution Approving Parcel Map 22- 09 and Offsite Improvement Agreement with Lathrop Land
Acquisition, LLC for Two Commercial and High
Density Residential Lots Located in the Central
Lathrop Specific Plan Commercial Area
SUMMARY:

Lathrop Land Acquisition, LLC ( Saybrook), requests approval of Parcel Map 22- 09 ( PM 22- 09), included as Attachment " B", for two commercial and high density residential lots located in the Central Lathrop Specific Plan ( CLSP) Commercial Area. As required by the City' s subdivision ordinance, approval of the Parcel Map must be accompanied by the approval of an OfFsite Improvement Agreement ( OIA), included as Attachment C", to guarantee specific off-site and on- site improvements associated with the Parcel Map. A Vicinity Map is included as Attachment ' D".

Staff recommends that City Council approve the proposed PM 22- 09 and an OIA with Saybrook for two commercial and high density residential lots located in CLSP area.

BACKGROUND:

On October 5, 2006, the City approved a Vesting Tentative Map ( VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On January 13, 2023, the Community Development Department approved the Tentative Parcel Map Waiver No. PMW- 22- 169 for PM 22- 09, which is located within the geographic bounds of the VTM for Tract 3533.

As required by the City' s subdivision ordinance, all maps must include an OIA to guarantee specific offsite and on ite improvements. Performance and labor & material securities have been provided to the City with the OIA in the amount of:

Im rovement Total: 2, 522, 696
Performance Bond 110% of Unfinished Im rovements : 2, 774, 965 Labor & Material Bond 50% of Performance Bond : 1, 387, 483 Acceptance of the public improvements will be prepared for Council consideration by staff at a later date when the improvements are completed. Prior to acceptance, Saybrook will be required to provide a one ( 1) year warranty bond. 187
CITY MANAGER' S REPORT PAGE 2
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PM 22- 09 AND OIA WITH LATHROP LAND ACQUISITION, LLC FOR

TWO COMMERCIAL AND HIGH DENSITY RESIDENTIAL LOTS LOCATED IN THE

CLSP COMMERCIAL AREA
REASON FOR RECOMMENDATION:

Saybrook has fulfilled the requirements of the City' s subdivision ordinance as listed below:

Documents Status

1. Parcel Map ready for signature Completed

2. Offsite Improvement Agreement Completed

3. Faithful Performance and Labor & Materials Security Received

4. Geotechnical Report Completed

5. Allocation of Water and Sewer capacity Completed
Fees Status

1. Parcel Map plan check fee Paid

2. Improvement Plans - Plan check and inspection fees Paid FISCAL IMPACT:

There is no budget impact to the City as all costs are covered by development fees and any shortfalls in the City' s maintenance and operating costs are covered by the existing Community Facility District ( CFD) 2019- 2 and CFD 2018- 1 Area 5.

ATTACHMENTS:

A. Resolution Approving Parcel Map 22- 09 and Offsite Improvement Agreement with Lathrop Land Acquisition, LLC for Two Commercial and High Density Residential Lots located in the Central Lathrop Specific Plan Commercial Area B. Parcel Map 22- 09
C. Offsite Improvement Agreement between the City of Lathrop and Lathrop Land Acquisition, LLC for PM 22- 09 located in the Central Lathrop Specific Plan CLSP) Commercial
D. Vicinity Map - Parcel Map 22- 09
188
CITY MANAGER' S REPORT PAGE 3
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PM 22- 09 AND OIA WITH LATHROP LAND ACQUISITION, LLC FOR

TWO COMMERCIAL AND HIGH DENSITY RESIDENTIAL LOTS LOCATED IN THE

CLSP COMMERCIAL AREA
APPROVALS:
2 / 2 f/ 2
Bellal Nabizadah Date
Assistant Engineer
3/ 2 2bZ3
Brad aylor Date
City Engin
3 Cari ) am Date
Finance Di ec or
3 • Z • zaZ3
Michael King Date
Assistant City Manager
3 • - Z3
Salvador Navarrete Date
City Attorney
3•• Z3
Step en ). Salvatore Date
City Manager
189
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING PARCEL MAP 22- 09 AND OFFSITE IMPROVEMENT AGREEMENT

WITH LATHROP LAND ACQUISITION, LLC FOR TWO COMMERCIAL AND HIGH

DENSITY RESIDENTIAL LOTS LOCATED IN THE CENTRAL LATHROP SPECIFIC

PLAN COMMERCIAL AREA
WHEREAS, on October 5, 2006, the City approved a Vesting Tentative Map VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On January 13, 2023, the Community Development Department approved the Tentative Parcel Map Waiver No. PMW- 22- 169 for PM 22- 09, which is located within the geographic bounds of the VTM for Tract 3533; and
WHEREAS, Lathrop Land Acquisition, LLC ( Saybrook), requests approval of Parcel Map 22- 09 ( PM 22- 09) for two commercial and high density residential lots located in the Central Lathrop Specific Plan ( CLSP) Commercial Area; and WHEREAS, as required by the City' s subdivision ordinance, all maps must include an Offsite Improvement Agreement ( OIA) to guarantee specific offsite and onsite improvements. Performance and labor & material securities have been provided to the City with the OIA in the amount of:

Im rovement Total: 2, 522, 696
Performance Bond 110% of Unfinished Im rovements : 2, 774, 965 Labor & Material Bond 50% of Performance Bond : 1, 387, 483 WHEREAS, acceptance of the public improvements will be prepared for Council consideration by staff at a later date when the unfinished improvements are completed. Prior to acceptance, Lathrop Land Acquisition, LLC ( Saybrook) will be required to provide a one ( 1) year warranty bond; and
WHEREAS, there is no budget impact to the City as all costs are covered by development fees and any shortfalls in the City' s maintenance and operating costs are covered by the existing Community Facility District ( CFD) 2019- 2 and CFD 2018- 1 Area 5; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop approves the following actions:

1. The Parcel Map 22- 09 is hereby approved as submitted for recordation with the San ) oaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copy will be filed with the City Clerk.

2. The City Manager, or their designee, is authorized to execute an Offsite Improvement Agreement with Lathrop Land Acquisition, LLC, in substantially the form as attached to the March 13, 2023 staff report, the file executed copy will be filed with the City Clerk.
190
The foregoing resolution was passed and adopted this 13th day of March 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas Salvador Navarrete
City Clerk City Attorney
191
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ATTACHj i ,"
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CITY OF LATHROP

OFFSITE IMPROVEMENT AGREEMENT

CENTRAL LATHROP SPECIFIC PLAN (CLSP)
COMMERCIAL & HIGH DENSITY RESIDENTIAL— PM 22- 09

LATHROP LAND ACQUISITION, LLC
This Offsite Improvement Agreement (" Agreement") is made and entered into this thirteenth ( 13th) day of March, 2023 (" Effective Date"), by and between the CITY OF LATHROP, a municipal corporation of the State of California (" CITY") and Lathrop Land Acquisition, LLC, a Delaware limited liability company (" SUBDIVIDER").

RECITALS
A. On October 5, 2006, CITY approved Vesting Tentative Map 3533 to create 62 parcels on 960 acres of land, hereinafter referred to as VTM. SUBDIVIDER intends to record one Parcel Map 22- 09 to subdivide a
portion of the VTM area, as shown in Exhibit" A"( hereinafter Parcel Map").

B. SUBDIVIDER is the record owner of all land incorporated with the Parcel Map and is therefore responsible for compliance with all conditions of approval associated with, including, without limitation, the construction of specified Improvements ( as that term is defined below) as described more fully herein.

C. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and CTTY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make certain offers of dedication and to construct certain Improvements required under the Conditions of Approval on the VTM( collectively, " COAs") and as identified in the approved Parcel Map, Improvement Plans and this Agreement. For purposes of this Agreement, the term " Improvements" shall collectively mean all public improvements 195
required under the COAs and as expressly set forth in this Agreement that will provide services and access to lots within the Parcel Map and the term " Improvement Plans" shall collectively refer to the Improvement Plans approved by CITY.

AGREEMENT
NOW, THEREFORE, in consideration of CITY' S pending ( 1) approval of the Parcel Map on March 13, 2023, and subsequent recordation; ( 2) approval of Improvement Plans in accordance with the terms of this Agreement and all applicable laws and regulations, the parties hereto mutually covenant and agree as follows:

1. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the Improvements as specified and in accordance with the provisions of this Agreement. All Improvements shall be constructed to the reasonable satisfaction and approval of the City Engineer, in an ethical and workmanlike manner in accordance with the approved Improvement Plans and specifications, the applicable improvement standards and specifications of the CITY' S Department of Public Works, the applicable Ordinances of the City Lathrop, and the applicable provisions of the California Subdivision Map Act.

2. SUBDIVIDER shall complete, and CITY shall have accepted all Improvements by March 13, 2024, subject to any extension( s) provided for herein and as otherwise expressly provided for in this Agreement. Provided, however, that said deadline shall be extended far twenty-four ( 24) months upon SUBDIVIDER' s request to the City Engineer, supported by reasonable documentation that it is using commercially reasonable efforts to complete same and have said Improvements accepted by CITY.

3. The parties acknowledge and agree that SUBDIVIDER is removing any existing well sites as required in accordance with applicable laws and regulations, including those required 196
by the County Environmental Health Department.

The parties further acknowledge and agree that SUBDIVIDER is conveying any and all groundwater rights associated therewith to CITY via the Parcel Map.

4. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any defects in work or labor done and from any defects in materials furnished. Further, SUBDIVIDER shall repair and warranty the Improvements in good condition and in accordance with CTTY specifications for one 1) year after CITY' s acceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with the City a Warranty Bond in the amount equal to 10% of improvement cost {( Cost + 10% Contingency) x 10°Io} for the Improvements for PM 22-09 to ensure SUBDIVIDER' s repair and warranty of the Improvements in accordance with the terms of this Agreement. The Warranty Bond shall be released at the end of the one- year guarantee period provided no claims against it are then outstanding. The Warranty Bond value is shown in Table 1 of this Agreement.

5. SUBDIVIDER is required to post Performance and Labor & Materials bonds to guarantee the Improvements associated with the Parcel Map as included and described in Exhibits C and D of this Agreement. The amount of performance security shall be equal to the Improvement cost plus a 10% contingency. The corresponding labor and materials bond amount shall be 50% of the performance bond amount ( Performance Security x 50%). Further, SUBDIVIDER shall also comply with CITY' s insurance requirements set forth on Exhibit B attached hereto and incorporated herein. The Performance and Labor & Materials bond values are shown in Table 1 of this Agreement.
197
Table 1— Bond Values
Street and Utility Improvement Total 1, 206, 546
Golden Valley Parkway Landscape Improvement Total 1, 316, 150 Improvement Total Cost 2, 522, 696
Performance Bond Value ( 110% of Un nished Improvement Total) 2, 774, 965 Labor & Materials Bond Value ( 50% of Performance Bond Value) 1, 387, 483 Warranty Bond Value ( 10% of Improvement Total) 252, 270

6. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the offsite improvements required by the Assignment and Amendment of Development Agreement by and Between the City of Lathrop, Saybrook CLSP, LLC., and Lathrop Land Acquisition, LLC., approved by the Lathrop City Council on December 6, 2016, by Ordinance No. 16- 370 and recorded by the San Joaquin County Recorder' s Office as Doc # 2017- 007992 ( Agreement hereinafter " DA", Improvements hereinafter " Offsite Improvements"). The Offsite improvements include, but are not limited to, completion of the landscape improvements of the portions of Golden Valley Parkway adjacent to all SUBDIVIDER owned land. SUBDIVIDER has provided sufficient security to guarantee the completion of the Offsite Improvements with this Agreement as described in Section 5 of this Agreement. Pursuant to the City of Lathrop Capital Facility Fees Report dated September 4, 2003, SUBDIVIDER is eligible for reimbursement of the costs associated with the design, permitting and construction of 15 feet in width of Golden Valley Parkway Frontage Landscaping up to$ 180 per lineal foot in 2003 dollars. Within 90 days of CITY acceptance of the Frontage Landscape Improvements, CTTY shall provide reimbursement of the improvement cost.

7. The density for Residential/ Mixed Used zoning in Central Lathrop is 10 to 40 units per acre. The proposed project for the PM 22- 09 parcels is currently 12 units per acre and will 198
therefore be the basis for the sewer and water allocation for PM 22- 09.

Any project that has a density greater than 12 units per acre will be subject to additional sewer and water purchase costs prior to building permit issuance. SUBDIVIDER shall, prior to approval of the Parcel Map, assign and allocate wastewater capacity and potable water capacity to each lot within the Parcel Map area in the quantities shown in Table 2 below.

Table 2— Parcel 1 Utility Allocation
Parcel Acreage Units Sewer Allocation Water Allocation
590 dlacre) 860 dlacre)
1 18. 88 Commercial 11, 139 16, 237
Parcel Acreage Units ( 12 du/ ac) Sewer Allocation Water Allocation 170 dldu) 220 d/ du)
2 12. 48 150 25, 500 33, 000
Total 36,639 49,237

8. The Agricultural Mitigation Fee shall be paid prior to building permit issuance.

9. Neither CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ or SUBDIVIDER' S agents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be performed under this Agreement on property other than the parcels of the subdivision owned by SUBDIVIDER( and its successors and assigns) ( the " Subdivider Property").

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

11. SUBDIVIDER hereby agrees to, and shall hold CTTY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, the " Indemnitees"), harmless from any liability for damage ar claims which arises from SUBDIVIDER and/ or SUBDIVIDER' S 199
contractors, subcontractors, agents, lessees, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any of SUBDIVIDER' S contractors, subcontractars, lessees, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER ar any of SUBDIVIDER' S contractors or subcontractors.

SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, or legal proceedings of any type that maybe brought or instituted against CITY and the Indemnitees on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CITY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER performance or non- performance of its duties and obligations under this Agreement, or from the negligent act or omission of itself, its agents, contractors, representatives, servants or employees, except in the event and to the extent said claims resulted from the gross negligence or willful misconduct of CITY and/ or the Indemnitees.

The promises and agreement to indemnify and hold harmless set forth in this Paragraph 17 are not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this work or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not, and shall not, waive any rights against SUBDIVIDER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY of any deposit with CITY by SUBDIVIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this Paragraph 17, regardless of whether or not CTTY has prepared, supplied or approved of, plans and/ or specifications far the subdivision.

12. Neither SUBDIVIDER nor any of SUBDIVIDER' S agents, contractors, lessees or 200
subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement. Neither CITY nor any of CITY' s agents, contractars, lessees ar subcontractors are, or shall be, considered to be agents of SUBDIVIDER in connection with the performance of any work contemplated under this Agreement. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY, which such consent shall not be unreasonably delayed, conditioned or denied, except that this Agreement may be assigned to any purchaser or transferee of an interest in all or a part of the SUBDIVIDER Property without the need for CITY consent. If such consent is given, or not required, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDNIDER, and any heirs, successors, executors, administrators and assignees of SUBDIVIDER shall be jointly and severally liable hereunder unless SUBDIVIDER and its assignee have executed an Assignment and Assumption Agreement in which case SUBDIVIDER shall be released from all of its obligations hereunder so assigned to the assignee. Notwithstanding anything to the contrary in the foregoing, SUBDIVIDER shall be permitted to assign its rights and obligations under this Agreement to any " Af liate", which is defined to mean an entity or person that is directly or indirectly Controlling, Controlled by, or under common Control of SUBDIVIDER. The term " Control" as used herein, shall mean the power to direct the day-to-day management of SUBDIVIDER, and it shall be a presumption that Control with respect to a corporation or limited liability company is the right to exercise, directly or indirectly, more than fifty percent ( 50°Io) of the voting rights attributable to the Controlled corporation or limited liability company, and, with respect to any individual, partnership, trust, other entity or association, Control is the possession, indirectly or directly, of the power to direct or cause the direction of the day-to- day management of the controlled entity. 201

13. SUBDIVIDER shall, at its expense, require or cause to require all its contractors and sub- contractors to obtain and maintain all necessary permits and licenses for construction of the Improvements, and commercially reasonable insurance. Prior to the commencement of said Improvement construction, the C eneral Contractor/ subcontractors shall obtain a City of Lathrop Business License. SUBDIVIDER and CITY, as applicable, shall comply with all applicable local, state and federal laws applicable to this Agreement whether or not said laws are expressly stated in this Agreement.

14. This Agreement and the Exhibits attached hereto comprise the entire understanding and agreement between the parties regarding the subject matter of this Agreement.

The Recitals are incorporated into this Agreement by this reference, as if fully set forth herein.

15. Notices. For purposes of this Agreement, " notice" means any notice, demand, request, or other communication to be provided under this Agreement. All notices shall be in writing and shall be sent to the below addresses or at such other addresses as either party may later specify for that purpose.

16. All notices required or permitted under this Agreement shall be personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, such as FedEx or UPS, with charges prepaid for next business day delivery, addressed to the parties as follows:

If to CTTY: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
Email: website cco@ci. lathrop. ca. us
With a
copy: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
202
Attn: Salvador Navarrete, City Attorney
Email: website cao@ci. lathro. ca. us
If to SUBDIVIDER: Saybrook CLSP, LLC
303 Twin Dolphin Drive, Suite 600
Redwood Shores, CA 94065
Attn: Jeffrey M. Wilson
Email: lwilson @ saybrookftindadvisors. com
The date of any notice shall be the date of receipt, provided that, rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice sent. Either party may change its address for notice by giving notice to the other party in accordance with this Paragraph 22.

23. The following miscellaneous provisions are applicable to this Agreement:
a. Controllin Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. c. Exhibits. The following exhibits are attached to this Agreement and are incorporated to this Agreement by this reference:

EXHIBIT A: PARCEL MAP 22- 09
EXHIBIT B: CITY INSURANCE REQUIREMENTS
EXHIBIT C: PRELIMINARY COST ESTIMATE, STANFORD PLACE
EXHIBIT D: PRELIMINARY COST ESTIMATE, STANFORD

CROSSING, COMMERCIAL FRONTAGE

IMPROVEMENTS
d. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; casualties; acts 203
of God; acts of the public enemy; acts of terrorism; epidemics and related governmental orders and restrictions; quarantine restrictions; freight embargoes; materials shortages and/ or inability to obtain materials due to tariffs, governmental restrictions or priority; unusually severe weather; acts or omissions of the other party; or acts or failures to act of any public or governmental agency or entity ( except that acts or failures to act of CITY shall not excuse performance by CITY); or moratorium ( each a " Force Majeure Delay"). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice ( as that term is defined above) by the party claiming such extension is sent to the other party within sixty ( 60) days of the commencement of the cause. e. Headin s. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. f. Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement. g. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. h. Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
i. Successors and Assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
j. Time of the Essence. Time is of the essence of this Agreement and each of 204
its provisions ( subject to Subparagraph 23( d)).

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. k. Venue. In the event either party brings that suit hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin. The party in whose favor judgment is entered shall be awarded reasonable attorneys' fees.

SIGNATURES ON FOLLOWING PAGES]
205
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above.

CITY OF LATHROP,
A California municipal corporation of the
State of California
By:

Stephen J. Salvatore Date
City Manager
ATTEST:

City Clerk of and for the City
of Lathrop, State of California
By:

Teresa Vargas Date
City Clerk

APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY By: Zoz3
Salvador Navarrete Date
City Attorney
206

SUBDIVIDER
By: Lathrop Land Acquisition, LLC,
a Delaware limited liability company
By: Saybrook Fund Investors, LLC
Its: Managing Member
Jeffrey M. Wilson Date
Officer
207

EXHIBIT A
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EXHIBIT B

CITY INSURANCE REQUIREMENTS

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

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Offsite Improvement Agreement must be named insured on the policy. The policy endarsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form ar the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self-insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss. c. Include a statement that, " the insurer will provide to the City at least thirty ( 30) days prior notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
212
4coR0 CERTIFICATE OF LIABILITY INSURANCE
DATE MM/ DDlYYYV)
2/ 21/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER CONTACT
Arthur J. Gallagher Risk Management Services, LLC PHONE Fax 500 N Brand Boulevard, Suite 100 ac No eXc: 818- 539- 2300 ac No: 818- 539-2301 Glendale CA 91203 ADDRIESS:

INSURER( S) AFFORDING COVERAGE NAIC#
License#: oDss2s3 INSURERA: Mt H8WI2 Insurance Com an 37974 INSURED SAYBCLS- 02 NSURER B:

Saybrook CLSP, LLC
501 Santa Monica Blvd# 607 INSURERC:

Santa Monica CA 90401 INSURERD:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 1182983084 REVISION NUMBER:

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

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

INSR
7ypE OF INSURANCE

ADDL SUBR POLICY EFF POLICY EXP

LTR POLICYNUMBER MMIDD/ YYYY MM/ DDIYYVY LIMITS
A X COMMERCIALGENERALLIABILITY Y MGL0195610 10/ 11/ 2021 5/ 31/ 2023 EACHOCCURRENCE 1, 000, 000 DAMAGETO RENTED CLAIMS- MADE OCCUR PREMISES Ea occurrence $ 50, 000 MED EXP( Any one person) $ 5, 000
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $ 2, 000, 000 X
PROPOLICY JECT LOC PRODUCTS- COMP/ OP AGG $ EXCLUDED
OTHER:

AUTOMOBILELIABILITY COMBINED SINGLE LIMIT $
Ea accident

ANYAUTO
BODILYINJURY( Perperson) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY P er accident) $

HIRED NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident
A UMBRELLA LIAB OCCUR MXL0431820 10/ 11/ 2021 5/ 31/ 2023 EACH OCCURRENCE 5, 000, 000 X EXCESS LIAB CLAIMS- MADE AGGREGATE 5, 000, 000
DED RETENTION$
WORKERSCOMPENSATION PER OTHAND EMPLOYERS' LIABILITY
N

STATUTE ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT OFFICER/ MEMBEREXCLUDED? N A MandatoryinNH)
E. L. DISEASE- EAEMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 30 days before the effective date of cancellation applies, policy provisions, endorsement will follow.

Certificate holder is included as additional insured with respect to the General Liability Policy as required by written contract

CERTIFICATE HOLDER CANCELIATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEPORE

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

City Of Lathrop
39O TOWfI@ C@Iltf@ Df.
pUTHORIZEDREPRESENTATIVE Lathrop CA 95330
O 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD 213
Policy Number: MGL0195610 Mt. Hawley Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION - CERTIFICATE HOLDER
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

CONTRACTORS SPECIAL FORM

EXCESS GENERAL LIABILITY INSURANCE POLICY

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART If this policy is cancelled by us, we will send a notice by mail to the certificate holder( s) scheduled below at the scheduled address at the same time that notice is sent to you. If the policy is cancelled by you or an entity with power of attorney for this policy, we will send a notice by mail to the certificate holder( s) scheduled below at the scheduled address at the time that we process the cancellation request.

If notice is mailed, proof of mailing will be sufficient proof of notice.

Certificate Holder/Address:

City of Lathrop
390 Towner Center Dr.

Lathrop, CA 95330
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

CGL 388( 02/ 11) Page 1 of 1
Insured
214
Policy Number: MXL0431820 Mt. Hawley Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION - CERTIFICATE HOLDER
If this policy is cancelled by us, we will send a notice by mail to the certificate holder( s) scheduled below at the scheduled address at the same time that notice is sent to you. If the policy is cancelled by you or an entity with power of attorney for this policy, we will send a notice by mail to the certificate holder( s) scheduled below at the scheduled address at the time that we process the cancellation request.

If notice is mailed, proof of mailing will be sufficient proof of notice.

Certificate Holder/ Address:

City of Lathrop
390 Towner Center Dr.

Lathrop, CA 95330
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

CEE 368 ( 02/ 11) Page 1 of 1
Insured
215

EXHIBIT C

PRELIMINARY COST ESTIMATE, STANFORD PLACE
216
2/ 2/ 2023

PRELIMINARY COST ESTIMATE

STANFORD PLACE

LATHROP, CALIFORNIA
Based on Preliminary Improvement Plans prepared by MacKay& Somps dated January 2023

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. GRADING AND STREETWORK

1. 80, 151 SF Finish grading outside of existing paving( within R/ V 0. 25 20, 040

2. 55, 700 SF Structural Section ( 4" AC, 4" AB, 12" LTB) 4. 00 222, 800

3. 1 EA Survery Monuments 800. 00 800

4. Lump Sum Signing, Striping, and Pavement Markers LS 5, 000

5. Lump Sum Traffic Control LS 2, 500
ESTIMATED TOTAL GRADING AND STREETWORK: 251, 140
B. CONCRETE WORK

1. 1, 965 LF Remove& dispose existing AC Berm 3. 00 5, 900

2. 55, 700 SF Remove& dispose existing AC Paving 3. 00 167, 100

3. 2, 007 LF 6" Standard curb and gutter 16. 00 32, 110

4. 20, 068 SF Sidewalk( 6" concrete on native) 5. 00 100, 340 ESTIMATED TOTAL CONCRETE WORK: 305, 450
C. SANITARY SEWER WORK

1. 6 EA Manholes including reset to finish grade and vacuum test 6, 000. 00 36, 000

2. 1, 244 LF 8" Pipe including backfill 32. 00 39, 810

3. 64 EA 4" Laterals w/ cleanouts 1, 000. 00 64, 000

4. 1 EA Connect to Existing 1, 500. 00 1, 500
ESTIMATED TOTAL SANITARY SEWER WORK: 141, 310
D. STORM DRAIN WORK

1. 3 EA Remove existing drainage inlet 500. 00 1, 500

2. 3 EA Curb inlet 3, 800. 00 11, 400

3. 18 LF 15" RCP Storm drain pipe 65. 75 1, 180

4. 3 EA Connect to existing storm drain 500. 00 1, 500

5. 3 EA Reset existing manhole rim to finish grade 150. 00 450 ESTIMATED TOTAL STORM DRAIN WORK: 16, 030
E. WATER SYSTEM WORK

1. 1 EA Hot tap at existing water main 5, 000. 00 5, 000

2. 1, 332 LF 8" Potable Water Main including fittings 40. 00 53, 280

3. 44 LF 8" Potable Water Stubs including fittings 40. 00 1, 760

4. 24 LF 6" Potable Water Stubs including fittings 35. 00 840

5. 3 EA 8" Water Valves 900. 00 2, 700

6. 2 EA 6" Water Valves 800. 00 1, 600

7. 1 EA Blow off 1, 300. 00 1, 300

8. 3 EA Temporary Blowoff 1, 100. 00 3, 300
ESTIMATED TOTAL WATER SYSTEM WORK: 69, 780
P: 25243Wdmin\ estimates\ Stanford Crossing\ Stanford Crossing Cost Estimate. xls 1 of 2 217
2/ 2/ 2023
F. MISCELLANEOUS WORK

1. 2, 682 LF Dewatering for Construction 75. 00 201, 150

2. 1, 200 LF Joint Trench 60. 00 72, 000

3. 10 EA Electrolier 3, 500. 00 35, 000

4. Lump Sum Erosion Control Measures LS 5, 000
ESTIMATED TOTAL MISCELLANEOUS WORK: 313, 150

SUMMARY
A GRADING AND STREETWORK 251, 140
B CONCRETE WORK 305, 450
C SANITARY SEWER WORK 141, 310
D STORM DRAIN WORK 16, 030
E WATER SYSTEM WORK 69, 780
F MISCELLANEOUS WORK 313, 150
ESTIMATED TOTAL CONSTRUCTION COST: $ 1, 096, 860
10% CONTINGENCY: $ 109, 686
ESTIMATED TOTAL COST: $ 1, 206, 546
NOTES

1. This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay& Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate.

2. Costs presented herein represent an opinion based on historical information. No provision has been made for inflation.

3. All items include all materials necessary for complete installation.

4. All underground utilities unit prices include trenching, backill, and all other necessary items for installation.

5. Fire hydraunt assemblies include valve, run and reflective blue marker.

Prepared by the firm of
MACKAY 8 SOMPS
P: 25243Wdmin\ estimates\ Stanford Crossing\ Stanford Crossing Cost Estimate. xls 2 Of 2 218

EXHBIT D

PRELIMINARY COST ESTIMATE, STANFORD CROSSING, COMMERCIAL

FRONTAGE IMPROVEMENTS
219
25201
JBM
February S, 2023

PRELIMINARY COST ESTIMATE

STANFORD CROSSING, COMMERCIAL FRONTAGE

IMPROVEMENTS

GOLDEN VALLEY PARKWAY

LATHROP, CALIFORNIA
Based on approved Tract 3533 backbone plans and unapproved frontage landscape plans

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. LANDSCAPING AND IRRIGATION WORK

1. 60, 100 SF Planting and irrigation 15. 00 901, 500

2. 118 EA Trees( includes irrigation) 2, 500. 00 295, 000 ESTIMATED TOTAL LANDSCAPE AND IRRIGATION WORK: 1, 196, 500

SUMMARY
A LANDSCAPE AND IRRIGATION WORK 1, 196, 500
ESTIMATED TOTAL CONSTRUCTION COST: $ 1, 196, 500
10% CONTINGENCY: $ 119, 650
ESTIMATED TOTAL COST: $ 1, 316, 150
NOTES

1. This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is su cient to satisfy our understanding of the purposes of this estimate. MacKay& Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate.

2. Costs presented herein represent an opinion based on historical information. No provision has been made for inflation.

3. All items include all meterials necessary for complete installation.

4. All underground utilities unit prices include trenching, backill, and all other necessary items for installation.

5. Fire hydraunt assemblies include valve, run and reflective blue marker.

Prepared by the firm of
MACKAY 8 SOMPS
Stanford Crossing Bond Estimate- GVP LANDSCAPE- 2023- 02- 08. xis 1 of 2 220
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ITEM 4. 12

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: REINSTATE AND EXTEND MASTER AGREEMENT
AND APPROVE TASK ORDER NO. 9 WITH
INTERWEST CONSULTING GROUP, INC. FOR

PROFESSIONAL PROJECT SPECIFIC SERVICES

IN THE BUILDING DEPARTMENT
RECOMMENDATION: Adopt Resolution Reinstating and Extending Master Consulting Agreement with Interwest
Consulting Group, Inc. and Approving Task
Order No. 9 to Provide Project Specific Plan
Check and Inspection Services in the Building
Department
SUMMARY:

The Building Department is responsible for serving the public by ensuring that the safety initiatives incorporated into the current adopted California Codes and the Lathrop Municipal Code are enforced by plan check and inspections of on- site construction.

Due to the continued increase in construction and development activity related to land development, residential, commercial, and industrial projects, staff has requested a proposal from Interwest to provide continued project specific professional services in the Building Department.

The Master Agreement and the most recent Task Order had a termination date of December 30, 2022. In order to keep up with current Land Development projects, residential, commercial and industrial; staff is requesting that Council reinstate and extend the Master Agreement and approve Task Order No. 9 for Interwest to provide project specific professional services within the Building Department.

Staff is requesting City Council approve Task Order No. 9 with Interwest to continue to provide project specific professional services for Plan Check Services in the Building Department for an amount not to exceed $ 400, 000. The proposed Task Order No. 9 will be fully funded by plan check fees collected from development and costs for plan check services will only be incurred if the revenue has been received.

BACKGROUND:

The Building Department is responsible for serving the public by ensuring that the safety initiatives incorporated into the current adopted California Codes and the Lathrop Municipal Code are enforced by plan check and inspection of on- site construction.
223
CITY MANAGER' S REPORT PAGE 2
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

REINSTATE AND EXTEND MASTER AGREEMENT AND APPROVE TASK ORDER NO. 9 WITH INTERWEST CONSULTING GROUP, INC. FOR PROFESSIONAL

PROJECT SPECIFIC SERVICES IN THE BUILDING DEPARTMENT
Due to the continued increase in construction and development activity related to land development, residential, commercial, and industrial projects, staff has requested a proposal from Interwest to provide continued project specific professional services in the Building Department.

Table 1 below provides a summary of the previously approved task orders with Interwest to date.

Table 1 - Summar of Previousl Ap roved Task Orders
Task Order No.

Date
guilding Department Scope Description A roved
1, 2 2016 Staff Au mentation, Plan Check Services
3 2017 Plan Check Services
4, 5 2018 Plan Check Services
6, 7 2019 Plan Review, Building Inspection, and Permit
Technician Services
8 2021 Plan Review, Building Inspection, and Permit
Technician Services
REASON FOR RECOMMENDATION:

Continued professional services for project specific plan check and inspection services are needed for the Building Department to keep up with the continued increase in development and construction activity related to private land development and residential, commercial, and industrial projects.

FISCAL IMPACT:

The cost of Task Order No. 9 is for an amount not to exceed $ 400, 000 and will be paid on a percentage basis of 2022- 2024 billing rates. Sufficient funds have been included in the fiscal year 2022- 23 approved budget detailed in attachment B and will be paid from funds allocated in the Building Department. Additionally, Task Order No. 9 will be fully funded by plan check fees collected from development, and costs for plan check services will only be incurred if the revenue has been received.

ATTACH M ENTS:

A. Resolution Reinstating and Extending Master Consulting Agreement with Interwest Consulting Group, Inc. And Approving Task Order No. 9 to Provide Project Specific Plan Check and Inspection Services in the Building Department B. Task Order No. 9 with Interwest Consulting Group, Inc. for Plan Check and Inspections Services in the Building Department
C. Reinstated and Extended Master Agreement with Interwest Consulting Group Inc. dated, March 13, 2023.
224
CITY MANAGER' S REPORT PAGE 3
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

REINSTATE AND EXTEND MASTER AGREEMENT AND APPROVE TASK ORDER NO. 9 WITH INTERWEST CONSULTING GROUP, INC. FOR PROFESSIONAL PRO7ECT SPECIFIC SERVICES IN THE BUILDING DEPARTMENT
APPROVALS:
3 - 023
Ed Short Date
Chief Building Official
3 • • zoz3
Michael King Date
Assi nt City Manager
7 Cari James Date
Finance Dir ctor
Zoz
Salvador Navarrete Date
City Attorney
3 •. z3
Stephen J. Salvatore Date
City Manager
225
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

REINSTATING AND EXTENDING MASTER CONSULTING AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. AND APPROVING TASK ORDER NO. 9 TO PROVIDE PR07ECT SPECIFIC PLAN CHECK AND INSPECTION SERVICES

IN THE BUILDING DEPARTMENT
WHEREAS, the Building Department is responsible for conducting plan check and onsite construction inspections; and
WHEREAS, due to the continued increase in construction activity related to private land development, residential, commercial, and industrial projects, staff requested a proposal from Interwest Consulting Group, Inc., ( Interwest) to provide continued project specific professional Plan Check Services and Inspections; and WHEREAS, the use of project specific professional services allows the Building Department to adjust to the changing demands when large projects or large volumes of plan review services or onsite inspections are required during unpredictable workload spikes; and
WHEREAS, the cost of Task Order No. 9 is not to exceed $ 400, 000 and will be paid on a percentage basis of 2022- 2024 billing rates; and WHEREAS, sufficient funds have been included in the fiscal year 2022- 23 approved budget and will be paid from funds allocated to the Building Department professional services budget; and
WHEREAS, the proposed Task Order No. 9 will be fully funded by plan check fees collected from development and costs for plan check services will only be incurred if the revenue has been received; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Reinstated and Extended Master Professional Consultant Agreement with Interwest Consulting Group Inc. and approve Task Order No. 9 for an amount not to exceed $ 400, 000 with Interwest Consulting Group, Inc. to provide project specific Building Plan Check Services and Inspections, pursuant to Master Professional Services Consulting Agreement with Interwest Consulting Group, Inc.
226
The foregoing resolution was passed and adopted this 13t'' day of March 2023, 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 227

ATTACHMENT

CITY OF LATHROP
TASK ORDER NO. 9

PURSUANT TO REINSTATED AND EXTENDED MASTER
CONSULTING AGREEMENT APPROVED MARCH 13, 2023 WITH
INTERWEST CONSULTING GROUP INC.

TO PROVIDE PROJECT SPECIFIC PLAN CHECK AND INSPECTION

SERVICES IN THE BUILDING DEPARTMENT
THIS TASK ORDER N0. 9, dated for convenience this 13t" day of March 2023 is by and made and entered into by and between INTERWEST CONSULTING GROUP CONSULTANT") and the CITY OF LATHROP, a California municipal corporation CITY");
RECITALS:

WHEREAS, on July 18, 2016, CONSULTANT entered into a Master Agreement and Task Order No. 1 and No. 2 (" AGREEMENT") with the CITY, by which the CONSULTANT has agreed to provide plan review, building inspection and permit technician services; and
WHEREAS, on April 17, 2017, City Council approved Task Order No. 3 to provide additional Building Department Professional Plan Check Services; and WHEREAS, on January 18, 2018, the City issued Task Order No. 4 for Plan Check Services to the Public Works Department; and
WHEREAS, on February 12, 2018, the City issued Task Order No. 5 for Plan Check Services to the Public Works Department; and
WHEREAS, on April 8, 2019, the City issued Task Order No. 6 for Plan Check Services in the Building Department; and
WHEREAS, on August 12, 2019, the City issued Task Order No. 7 for Plan Check Building Inspection and Permit Technician Services in the Building Department; and WHEREAS, on July 12, 2021 the City issued Task Order No. 8 for Plan Check Building Inspection and Permit Technician Services in the Building Department; and WHEREAS, additionally, on July 12, 2021, City Council approved to reinstate Master Agreement and extend termination date to June 30, 2022; and WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform project specific Plan Check Services, which are required by this agreement; and

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CITY OF LATHROP — TASK ORDER NO. 9 WITH INTERWEST CONSULTING GROUP INC. TO PROVIDE PROJECT SPECIFIC PLAN CHECK AND INSPECTION SERVICES

IN THE BUILDING DEPARTMENT
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such building plan check services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Incorporation of Master Aqreement
This Task Order No. 9 hereby incorporates by reference all terms and conditions set forth in reinstated and extended Master Consulting Agreement for plan check and inspection services, unless specifically modified by this Task Order.
2) Scope of Service
CONSULTANT agrees to perform project specific plan check and inspection services in accordance with the scope of work and fee proposal attached hereto as Exhibit "A" to this Task Order.

CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' S satisfaction. 3) Effective Date and Term.

The effective date of this Task Order No. 9 is March 13, 2023 and it shall terminate no later than June 30, 2024.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges not to exceed $ 400, 000 for the Plan Check Services, at the detailed rates detailed in Exhibit A. CONSULTANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY's authorized representative prior to the commencement of the work.

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5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
6) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

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IN THE BUILDING DEPARTMENT
Approved as to Form: City of Lathrop
City Attorney
3 - - zaz3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by:

City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Interwest Consulting Group Inc.
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661
Fed I D #
Bus License #
Signature Date
Print Name and title)

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EXHIBIT" •
December 19, 2022
City of Lathrop
390 Towne Center DR
Lathrop, CA 95330 I N T E R W E S T
A SAFEbuitt COMpANY
Dear Sandra,
Interwest Consulting Group is pleased to present this letter of proposal to the City of Lathrop and Interwest Consulting Group, Inc. For Professional Building Plan Review Services and Building Inspection.

COMPENSATION:

For complete plan review services for projects reviewed by our office, we propose a fee equat to 65% of the plan review fees based on your adapted fee schedule. Plan Review services will include an initial first review and two back- check reviews of the plan. Any additional plan review services required beyond the third review will be billed at our hourly rate listed within the Schedule of Hourly Billing Rates Shown below, For in- house services, we propose utilizing the hourly rate listed within the Schedule of Hourly Billing Rates for the specific classification unitized for the services. We are willing to negotiate a mutually acceptable fee for large projects and special projects on a case- by-case basis.

For structural only and other partial reviews such as foundation only, primary reviews, or others, we propose to negotiate a mutually agreeable fixed fee based on the specific service requested or provide services on an hourly basis usingthe rates listed in ourSchedule of Hourly Billing Rates shown below.

PLAN REVIEW- FEE SCHEDULE
The rate displayed in the fee schedule below reflects Interwest' s' current fees. Hourly rates are typically reviewed yearly on July 15i and may be subject to revision unless under a specific contractual obligation. Our rates will be firm for the first year of an agreement. In addition, there is no charge for shipping, supply, or material costs.

PRICE INCREASE
No price increase will occur during the first year of the Contract, and fee quotes for specific services shall remain firm throughout that project. Thereafter, rates will be increased annually on July lst. The hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index( United States City Average, all items( CPI- U), Not SeasonallyAdjusted, All Urban Consumers, referred to herein as the" CPI") for the Municipality or, if not reported for the Municipality of CPI for cities of similar size within the applicable region from the previous calendar year, such increase, however not to exceed 4% per annum. This increase will become effective upon publication ofthe applicable CPI data. If the index decreases, the rates listed shall remain unchanged. y
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HOURLY RATES:

Interwest Consulting Group proposes the following fees for Remote Professional Building Plan Review Services and Building Inspection Services:

Schedule of Hourly Billing Rate
Classification Hourly Billing Rate
Licensed Plan Review Engineer( structural, civil, $ 145 electrical, mechanical)/ Architect
Senior Plans Examiner 125
CASp 120
Inspector III 105
Inspector II 95
Inspector I 85
Permit Technician 75
Fire Protection Engineer 145
Senior Fire Plans Examiner 125
Fire Plans Examiner/ Fire Inspector 110
ICC Building Plans Examiner 110
Solar Fee 175
EXPEDITED REVIEWSExpedited Reviews, when requested and availability allows, shafl invoice at 150% of the above rates

INSPECTOR FEES
Overtime will be 150% of the above hourly fees
Inspectorfees- 4- hourminimum
Mileage calculated in accordance to IRS

CONTRACTUAL INFORMATION
Interwest Consulting Group, Inc
Address: 1613 Santa Clara Dr,# 100, Roseville, CA 95661 Interwest Corporate Office
Address: 444 N. Cleveland Ave, Loveland, CO 80537
Signature Authority: Paul Meschino- President
DocuSign email: pmeschinoC«interwestgrp. com, CC: mharo-sullivanCa interwestgrp. com Si erely
Paul Meschino
President
Interwest Consulting Group
3 , " x k ;..
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ATTACHMENT

REINSTATED AND EXTENDED MASTER CONSULTANT AGREEMENT

BETWEEN THE CITY OF LATHROP AND INTERWEST CONSULTING

GROUPINC

TO PROVIDE PLAN REVIEW, BUILDING INSPECTION AND PERMIT

TECHNICIAN SERVICES
THIS AGREEMENT, dated for convenience this 13t'' day of March 2023, is by and between Interwest Consulting Group. ("CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, Council approved a Master Agreement with Interwest Consulting Group on July 18, 2018 that expired on June 30, 2019; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CITY and CONSULTANT agreed to reinstate the Interwest Master Consulting Agreement and extend termination date to June 30, 2026 (" Agreement"); and NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Plan Review, Building Inspection and Permit Technician Services in conformance with an approved Scope of Work submitted by the CONSULTANT. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and CITY'S satisfaction. 2) Compensation
CITY hereby agrees to pay CONSULTANT the amount indicated in each approved Task Order, for the Plan Review, Building Inspection and Permit Technician Services. City agrees to pay CONSULTANT within thirty ( 30) days of receipt of billings containing all information required per Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete.

In no event shall CONSULTANT be entitled to compensation for work not included in an approved Task Order Scope of Work unless CITY' s authorized representative executes a written change order or authorization describing the extra work and payment terms prior to the commencement of the work.

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3) Effective Date and Term
The original term agreement was August 12t", 2019 with a termination date of June 30, 2022. The City is asking to reinstate and extend the Master Consultant Agreement on March 13, 2023, and it shall terminate no later than June 30, 2026. 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work describe in each approved Task Order to the City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billin s
CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assiqnment of Personnel
CONSULTANT shall assign on y competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.

The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Ron Beehler, SE, CBO, CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.

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8) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.

CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.

CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability

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form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider's general supervision of CONSULTANT; products and compfeted operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.

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c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($ 1, 000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self- insured retention shall not exceed 150, 000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest c ause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:

1. The retroactive date of the policy must be shown and must be before the date of the Agreement.

2. Insurance must be maintained and evidence of
insurance must be provided for at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.

3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this
Agreement, CONSULTANT must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work. The CITY
shall have the right to exercise at the CONSULTANT' S
cost, any extended reporting provisions of the policy
should the CONSULTANT cancel or not renew the
coverage.

4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of
any work under this Agreement.
d) Deductibles and Self-Insured Retentions. CONSULTANT shall disclose the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, upon express written

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authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
10) Indemnification - CONSULTANT' S Responsibilitv
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.

Acceptance by CITY of the work performed under this Agreement does not operate

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as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a ful y competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.

CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' S delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.

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14) Fundinq
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. 15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) Days by delivery of a hard copy of the material sent by facsimile transmission.

Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Public Works Department
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
CONSULTANT: Interwest Consulting Group
Ron Beehler, SE, Regional Manager
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661
Fed ID #
Bus License #
16) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.

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b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.

All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.

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k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY.

CONSULTANT shall not be entitted to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.

I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 18) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

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Approved as to Form: City of Lathrop
City Attorney
3- ?- zo
Salvador Navarrete Date
Recommended for Approvat: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
Resolution No. 390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Interwest Consulting Group
Ron Beehler, SE, Regional Manager
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661
Fed ID #
Bus License #
Signature Date
Print Name and Title)

244
ITEM 4. 13

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT THE GENERAL PLAN HOUSING ELEMENT

ANNUAL PROGRESS REPORT FOR CALENDAR YEAR
2022
RECOMMENDATION: Adopt a Resolution Accepting the General Plan Housing Element Annual Progress Report for
Calendar Year 2022 and Authorize Staff to Submit
the Report to the Governor' s Office of Planning and
Research and State Department of Housing and
Community Development.

CEQA STATUS: Not a Project as Defined in Article 20 § 15379 of the California Environmental Quality Act ( CEQA)
Guidelines
SUMMARY:

The purpose of the APR is to provide the City Council and the State with the City' s progress on the General Plan Housing Element' s implementation programs and status towards meeting the City' s fair share of the Regional Housing Needs Allocation RHNA).

Each year, California cities are required to prepare an annual progress report ( APR) on the status of implementing the General Plan Housing Element, and to submit the report to the State Department of Housing and Community Development ( HCD) and the Governor' s office of Planning and Research ( OPR). Using a form provided by HCD, Staff provides data to create a snapshot of housing production across affordability levels, a listing of development applications received, and an update on housing program implementation. The annual progress report must be provided to the City Council for review and authorization prior to sending to the State.

BACKGROUND:

The City Council adopted the City' s Housing Element on December 9, 2019 and received certification by HCD on February 7, 2020. The Housing Element is one ( 1) of seven ( 7) mandated elements of the City' s General Plan and includes information related to the City' s existing housing needs, an analysis of the City' s population and employment trends, household characteristics, an inventory of land suitable for residential development and goals, policies and programs intended to meet the identified housing needs and state- mandated requirements. 245
CITY MANAGERS REPORT PAGE 2
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
Under California Government Code Section 65400( 2), Planning Staff is required to prepare a General Plan Housing Element Annual Progress Report for review by the City Council and submittal to OPR and HCD by April lst of each year.

As part of the update to the City' s Housing Element, the City is required to identify sites to accommodate its fair share of the RHNA, as established by HCD and managed by the San Joaquin Council of Governments ( S] COG).

In summary, the RHNA process allocates the State' s future housing needs to each County. The State HCD identifies housing needs for each region in response to projected population and household growth, and mandates that each Council of Governments ( COG) distribute the RHNA to each jurisdiction ( Cities and Counties).

The City' s 2019 Housing Element update identified a number of sites that could accommodate the City' s fair share of the RHNA, in all income categories. The following table represents the City' s RHNA ( excerpt from the 2019 General Plan Housing Element):

TABLE' I: RE610NAL NOUSING NEEDS ALLOCATION( ZO74- ZOZ3 PROGRESS Status Extremely
Very Low low Moderate
Abave
TOTAL
low Moderate
RHNA A1locatian 52b 493 759 457 2, 421 5, 15b
Built 0 0 0 29' 1, 571 1, bd0
Uncler Coi strt tiianl
0 U 0 197 197
P r m ittecl
Remainrng Allocatian 526 493 759 428 653 3, 359
VCLYIAEfi I ffQ ttES Lit/ IL7 tA' c Q1 F A, YU g I/ OMES 8111LT! N c 11$ SLYLD AT AtRNKE?"- HATE" PH' 10ES AFfGNDABLE?" E3 MflQERAl' F.' I:YCl ME NOf1SEFfOLUS a, n vr.tr nF_s 2 ADtIs erJurix 2D17A vr 2018
Z a' 6Ur4' GAtD§ YUNI' fSAHt t1NUERCON317{ tlt: f"lON6V IVERISLANf S; 7'Pf85t UNlLS4Y7LENEMOAif' ft7k8DAS7NEDENSf{' YAiVUSlZECII' 7' NEtIYt' fSMAY Y7E'LLtMARKb'?' RA7`" SALE5PR}G`ES. 1FF73XFs1l1LET7l MOpENA7'ElNC'OMF. F1fJUSE.'ttf)Z,PS.

TFfERL' 1S 7" ftE POT' ENTfAL F"(1R SOME' f X At L OF' TFfE AP1' ftOb` L'U. 51.?Mt1LTfF. 1 MILY UNi' LS° TtJ HE UE' 4rtf, t7YL•'DAti AF"X'DXUAULE( 1NI7S, tF' T'1tL•' DEV' LUPER SEERSAt) U177O.+W1E FfffYUfNG OH SECLS dINE' OR MItXE Oh" 7' Nt' Ph'(1( EC' TS 7 0 A Y AP'Ft7RUAtILE PI!) 1L57NFi tFF.'VF`LlJP6'R, t)tIR(.'L':$ ANJOAQtl1Y C(111NClL( IF fr'OVIikNhtEN7S, l)1';" LX,LU4Y.f,fIM; e7TY' Qi' LATtlRG P, 2a g Each income category is defined as a percentage of the Area Median Income ( AMI), as established by HCD which is currently $ 74, 988 for a four- person household. The income categories are then used to calculate housing affordability for rental and owner occupied housing. Each income category is defined as follows:

Extremely Low Income Households have a combined income at or lower than 30 percent of AMI.

Very Low Income Households have a combined income between 30 and 50 percent of AMI.

Low Income Households have a combined income between 50 and 80 percent of AMI.

Moderate Income Households have a combined income between 80 and 120 percent of AMI.
246
CITY MANAGERS REPORT PAGE 3
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
Above Moderate Income Households have a combined income greater than 120 percent of AMI
The State Income Limits, as illustrated in the City' s 2019 Housing Element are as follows:

TABLE 3Q: SFATE INtOME LIMIT5- SAN JOAQUIN C4UNTY( ZQ14 income Group 1 Person 2 Perso 3 Person 4 Persan 5 Person 6 Person 7 Persan 8 Person Eztremely law 14, 700 16, 91Q ! $ 21, 330 25, 750 ; $ 30, 17Q i $ 34, 590 $ 39, O1d $ d3, 430 Very low 24, 500 I S2$, 404 531, 500 $ 35, 000 I $ 37, 800 $ 40, 60Q $ 43, 400 $ 46, 200 Lc i 534, 200 ' $ d4, 800 ' 54, G00 • $ 56, 000 ' $ bQ, 500 • $ bS, OQQ ' $ 69, 450 ' $ 74, 450 iNaclerate SbQ, 000 i $ 68, 550 ! 77, 150 ! $$ 5, 700 ! 592, 550 l $ 44, 400 ! 106, 250 ! $ 113, 100 Above Maderate b0, Q00+ ' 6$, 550+ ! $ 77, 150+ ! $ 5, 700+ ! 92, 550+ ' $ 49, 4Q0+ ! S1p6, 25tt+ ' 3t13, 1d0+ Sautrcer tRausrxc A n Cc araturrf D v t Pat v r DerAsrrte, vr, 2019 In order to provide an idea of affordable housing costs by income group, affordable home sale prices are estimated for one, two, four, and six person households.

TABLE 31: HOUSING AFFORDABtl1TY BY INt4ME GROUP
One Person ; Twa Person ' Four Person ' Six Person
Home ° thly 8m¢ Monthly ; Nome onthly ; Hame Monthly
Incame Graup
Sa
Rent ar
Sale
Rent ar
Sale
Rent or Reni or
Housing : Housing ; Nousing ;
Sale*
Haasing Price*
ost
Price
Cast
Price
Cost
Price
Cost
Extremely Low ' 551, 10Q $ 367 $ 58, 10U 422 $ 8b, 04Q b43 ! $ 114, 900 8b4 Very La v 89, 000 612 i 100, 400 J01 $ 123, 100 875 141, 200 51, 015 l w 138, Ot 0 9$ 0 ; $ 155, 600 1, 120 ; 140, 900 1, 400 ; 214, 200 1, 625 Moderate 226, h0 1, 500 ! " 255, 50 1, 713 ! 313, 4b0 ' 2, 142 '. $ 359, 504 2, 485 Abave Moderate 226, bOQ+ 1, 500+ ; b255, 500+ 1, 713+ ; 373, 404+ $ 2, 142+ 359, bOQ+ 52, 485+ 3HAXfA 1lfM ANFUXDA73LE SALES f' X10E'! S BASE' ll ON TNt' F(TLLOYL' 1; 4C; ASSL M1' 7`Ft3Nti:$/ ra fNTt'Kt'S'1` Nrt]'; 3- k' F'AH F7XEU LOAN, II(I4YNPAYMElV7':

S$, fl DQ- EX' PREMb' LY LOCt;$ IO, OQQ- VERY 1. t) 4t;`-$ I$,ODr1- LOW,. Z fX1O- Mtl!) ERA7' t',f'RQPEH' I`Y' TA.X, t1' PfLfTtt' S, ANt1 ffOMEIJ VNENS 1NSU29NCf.' AS 3l}/(e!) F MONTNl. Y t10USftVt; L7J57' b`XTRF.' MEl Y LDW, Z$ OF MPtiTNLY FfOttSIN{; X: OS' t LOW, ANp 2$%o QF' Mt} NTHl. Y tf0( 1 titNG F.QS7 HrovE x. rrr/ n av nsor trrar). No: ssActsl xu Es. axenorrxnccra• r ran: ar• SI00.

Soi uce: D Na• o Pt tr, vrxr, Gxrxlr; 2014
An excerpt from the City' s 2019 General Plan Housing Element related to RHNA, state income limits, and housing affordability is attached to this StafF Report as Attachment

3. The forms provided by HCD were originally adopted in 2010 and have recently been updated pursuant to Assembly Bill 879 ( AB 879) and Senate Bill 35 ( SB35), which now include information related to the number of development applications received and approved and list of sites rezoned to address RHNA shortfall. 247
CITY MANAGERS REPORT PAGE 4
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
In summary, the forms require the following information:

Status of the plan and progress in its implementation
Progress in meeting its share of the regional housing needs The number of housing development applications received in the prior year The number of units included in all development applications in the prior year The number of units approved and disapproved in the prior year The degree to which its approved general plan complies with the adopted General Plan guidelines
Site rezoned to accommodate that portion of the City' s share of the regional housing need for each income level.

Number of building permits issued and development applications received using the streamlined review process ( SB 35).

Locally owned lands included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of.

Locally owned or controlled lands declared surplus pursuant to Government Code Section 54221, or identified as excess pursuant to Government Code Section 50569.

The Planning Commission considered the Housing Element Annual Progress Report for Calendar Year 2022 at their February 15, 2023 meeting. At the conclusion of the public meeting, the Planning Commission voted 5- 0 to recommend the City Council accept the Housing Element Annual Progress Report for Calendar Year 2022 and authorize staff to submit the report to OPR and HCD ( Attachment 4).

ANALYSIS:

Staff has prepared the 2022 Lathrop Housing Element Annual Progress Report, included as Attachment 2.

New A plications Received
The City received nineteen ( 19) residential entitlement applications for new residential development that may result in 1, 738 new dwelling units. The City received and processed the following applications in 2022:

Architectural Desian Review — River Islands
Lennar Driftway 95 single- family dwelling units
Pulte Village C & R 43 single-family dwelling units
Pulte Del Webb 905 age- restricted single- family dwelling units Architectural Desiqn Review — Central Lathrop
Richmond American Phase 1C 104 single- family dwelling units D. R. Horton Phase 1C 87 single- family dwelling units
248
CITY MANAGERS REPORT PAGE 5
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
Residential Subdivisions
Queirolo Road Subdivision &
Horton Eagles Landing ADR 84 single- family dwelling units Alaniz Estates Subdivision 8 single- family dwelling units New Home Construction
The City issued a total number of 958 residential building permits in 2022, which represents a decrease of 171 less than 2021 ( a total of 1, 129 residential building permits issued in 2021). Of the 958 residential building permits, 924 are singlefamily residential units and are considered " Above Moderate" affordability. The remaining 34 residential building permits are for multi- family dwelling units apartments) (29 units) and accessory dwelling units ( 5 units) and are considered Moderate" affordability.

Progress Towards Meeting RHNA
As illustrated in Table B of the HCD Forms below, the City has issued 4, 496 building permits for residential development for the 2014 - 2023 Housing Element Planning Period.

RHNA
Total
Total
Allocation
Units to Remaining
Income Level by 2015 2016 2017 2018 2019 2020 2021 2 22 Date( all RHNA by
Income Income
Level years) Level
Deed
Restricted
1 19 1019
Non- Deed
Ve Low Restricted
Deed
Restricted
759 759
Non- Deed
Low Restricted
Deed
Restricted
957 361 596
Non- Deed
148 179 34
Moderate Restricted
Above
2421 343 170 297 383 389 679 950 924 4, 135
Moderate
Total RHNA 5156
Total Units 343 170 297 383 389 827 1, 129 958 4, 496 2, 374 249
CITY MANAGERS REPORT PAGE 6
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
RECOMMENDATION:

The Planning Commission and staff recommend that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, take the following actions:

Adopt the proposed resolution to accept the Housing Element Annual Progress Report for Calendar Year 2022 and authorize staff to submit the report to the OPR and HCD.

CEQA STATUS:

The proposed Housing Element Annual Progress Report for Calendar Year 2022 is not considered a project as defined in Article 20 § 15378 of the California Environmental Quality Act ( CEQA) Guidelines. This report does not authorize construction of any housing. However, the housing units reported as being permitted for construction are subject to their individual environmental review document previously established, reviewed and approved by the City.

FISCAL IMPACT:

The request has no fiscal impact to the City other than staff time to prepare the report.

ATTACH M ENTS:

1. Resolution for Housing Element Annual Progress Report for Calendar Year 2022

2. Housing Element Annual Progress Report for Calendar Year 2022

3. Affordability & RHNA Explanation. Excerpt from the City' s 2019 General Plan Housing Element

4. Planning Commission Resolution No. 23- 1
250
CITY MANAGERS REPORT PAGE 7
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
APPROVALS:
z
Dv
d Niskanen Date
Contract Planner
Z—f 1p—? 3
Ma k M iss r Date
Community Devel pment Director
Ric Caguiat Date
A istant munity Development Director
Z- l` Zoz3
Salvador Navarrete Date
City Attorney
Z-23• Z3
Ste en J. Salvatore Date
City Manager
251
RESOLUTION NO. 23-

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

THE GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2022 AND AUTHORIZING STAFF TO SUBMIT THE REPORT

TO THE GOVERNOR' S OFFICE OF PLANNING AND RESEARCH AND THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, California Government Code Section 65400( 2) requires the planning agency to provide an annual report to the City Council, the Governor' s Office of Planning and Research and the State Department of Housing and Community Development ( HCD) regarding progress toward implementation of the housing element of the general plan; and
WHEREAS, planning staff has prepared an annual progress report for the calendar year 2022, utilizing the prescribed forms and instructions provided by the State Department of Housing and Community Development; and WHEREAS, the Planning Commission held a public meeting and adopted Resolution No. 23- 1, recommending the City Council accept the report and authorize staff to submit the report to the Governor' s Office of Planning and Research and the State Department of Housing and Community Development; and WHEREAS, the proposed Housing Element Annual Progress Report for Calendar Year 2022 is not considered a project as defined in Article 20 § 15378 of the California Environmental Quality Act ( CEQA) Guidelines; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lathrop does hereby find the proposed Housing Element Annual Progress Report for Calendar Year 2022 is not considered a project as defined in Article 20 § 15378 of the California Environmental Quality Act ( CEQA) Guidelines.

BE IT FURTHER RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings, its findings above and pursuant to its independent review and consideration, hereby receives and accepts the annual progress report on the Housing Element, attached and incorporated by reference herein, and authorizes staff to forward the report to the Governor' s OfFice of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400( 2). 252
PASSED AND ADOPTED by the City Council of the City of Lathrop at a regular meeting on the 13th day of March, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 253
ATTA HMENT " 2 "
i
risdiction Lathrop
Reporting Year 2022 Jan. 1 - Dec. 31}
Pianning Period 5th Cycle 12/ 31/ 2015- 12/ 31/ 2023
Building Permits Issued by Affordability Summary
Income Level Current Year
Deed Restricted p
Very Low
Non- Deed Restricted p
Deed Restricted p
Low
Non- Deed Restricted 0
Deed Restricted p
Moderate
Non- Deed Restricted 34
Above Moderate 924
Total Units 958
Note: Units serving extremely low- income households are included in the very low- income permitted units totals Entitled Permitted Completed
SFA 0 0 0
SFD 1326 924 0
2to4 0 0 0
5+ 0 29 0
ADU 0 5 0
MH 0 0 0
Total 1326 958 0
Total Housing Applications Submitted: 7
Number of Proposed Units in All Applications Received: 1, 326 Total Housing Units Approved: 1, 326
Total Housing Units Disapproved: p
a,,, i`
k,
x
o,.,' 7r,
3,.,, ;;, ry) Fy',< ;; P'? i <6 r i r
Number of Applications for Streamlining 0
Number of Streamlining Applications Approved 0
Total Developments Approved with Streamlining 0
Total Units Constructed with Streamlining p
Units Constructed- SB 35 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto- calculation formulas
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ATTACHMENT " 3 ' l
ZO19 HOUSING ELEMENT BACKGROUND REPORT
TABLE 29: RENTAL RATES BY NUMBER Of BEDROOMS
2019 Rental Survey Census Data
Bedroom Type Units
Range
Median Rent Median Rent
Available 2017) 2000)
Studio 0 NIA 500
1 bed 0 N/ A 745 625
2 bed 2 1, 395 979 750
3 bed 7 1, 400-$ 2, 500 1, 518 800
4 betl or more 11 2, 095-$ 3, 650
1, 846( 4)/
N/ A
2, 380( 5+)
SOURCE: USCENSUS, ZOOO; USCeNsusACS, 2013-2017; ZILLOW.COM, 2019, CR.9/ GSLIST.COM, ZO19 Housing Affordability
Income Grouns
The California Department of Housing and Community Development( HCD) publishes household income data annually forareas in California. Table 30 showsthe maximum annual income level foreach income group adjusted for household size for San Joaquin County. The maximum annual income data is then utilized to calculate the maximum affordable housing payments for different households ( varying by income level) and their eligibility for housing assistance programs.

Extreme( yLowlncomeHouseholdshaveacombinedincomeatorlowerthan30% ofareamedianincome( AMI), as established by the state Department of Housing and Community Development{ HCD).

Very Low Income Households have a combined income between 30 and 50% of AMI, as established by HCD.

Low Income Households have a combined income between 50 and 80% of AMI, as established by HCD.

Moderate Income Households have a combined income between 80 and 120°/a of AMI, as established by HCD.

Above Moderate Income Households have a combined income greater than 120% of AMI, as established by HCD.

TABLE 3O: STATE INCOME LIMITS- SAN OAQUIN COUNTY( ZO' I9 Income Group 1 Person 2 Person 3 Person 4 Person 5 Person b Person 7 Person 8 Person Extremely Low 14, 700 $ 16, 910 $ 21, 330 $ 25, 750 $ 30, 170 $ 34, 590 $ 39, 010 i $ 43, 430 Very Low 24, 500 $ 28, 000 $ 31, 500 $ 35, 000 $ 37, 800 $ 40, 600 $ 43, 400 $ 46, 200 Low 39, 200 ! $ 44, 800 ! $ 50, 400 ! $ 56, 000 ! $ 60, 500 ! $ 65, 000 ! $ 69, 450 ! $ 74, 950 Moderate 60, 000 ! $ 68, 550 ! $ 77, 150 ; $ 85, 700 ; $ 92, 550 $ 99, 400 $ 106, 250 $ 113, 100 Above Moderate $ 60, 000+ ' $ 68, 550+ ' $ 77, 150+ ' $ 85, 700+ ' $ 92, 550+ ' $ 99, 400+ ' $ 106, 250+ ' $ 113, 100+ SOURCE: HOUSING AND COMMUNITY DEVELOPMENT DEPAR7'MEN7; ZO1 I Housing Affordabilitv
Table 31 shows the maximum rents and sales prices, respectively, that are affordable to very low, low, moderate, and above moderate- income households. Affordability is based on a household spending 30% or less of their total household income for shelter. Affordability is based on the maximum household income levels established by HCD Table 30). The annual income limits established by HCD are similar to those used by the US Department of Housing and Urban Development( HUD) for administering various affordable housing programs. In order to provide an idea of affordable housing costs by income group, affordable home sales prices are estimated for one, two, four, and six person households ( see Table 29). Maximum affordable sales price is based generally on the following assumptions: 5% interest rate, 30- year fixetl loan, and downpayments that vary with income level, as described in Table 31.

Comparing the maximum affordable housing costs in Table 31 to the rental rates in Tables 28 and 29, rental rates in Lathrop are generally affordable to moderate income households oftwo or more persons and to above moderate income 35 275
2019 HOUSING ELEMENT BACKGROUND REPORT
households. While there are some units affordable to extremely low, very low, and low income households, there is a very limited number of the more affordable units. The median rental rates reported by 2013-2017 ACS( Table 29) are in the affordability range of low, moderate, and above moderate income households. The 2019 rental survey indicated thatthere are currently is a limited number of smaller rental units( studio, 1 bedroom, and 2 bedroom units) in Lathrop that are affordable to very low and low income households, butthat there are units affordable to low income households with 4 or more persons as well as to moderate and above moderate income households of all sizes. The majority of available rentals were larger units; there were no studio or 1 bedroom units listed for rent and onlytwo 2- bedroom units.

Moderate and above moderate income households can afford a broad range of available housing.

Similarly, homes for sale in Lathrop are affordable to moderate and above moderate income households, based on a comparison of Tables 27 and 31. There is a small number of units, all mobile homes, affordable to very low and low income households. Current home sales prices are not affordable to extremely low income households.

TABLE 3' I: HOUSING AFFORDABILITY BY INCOME GROUP
One Person Two Person Four Person Six Person
Home Monthly ; Home Monthly ; Home Monthly ; Home Monthly Income Group Rent or Rent or Rent or Rent or
Sale*
Nousing ;
Sale*
Housing ;
Sale*
Housing ;
Sale*
Housing Price Price Price Price
Cost Cost Cost Cost
Extremely Low ? $ 51, 100 $ 367 $ 58, 100 $ 422 ? $ 86, 000 $ 643 $ 114, 900 $ 864 Very Low 89, 000 $ 612 $ 100, 400 $ 700 $ 123, 100 $ 875 $ 141, 200 $ 1, 015 Low 138, 000 $ 980 ; $ 155, 600 $ 1, 120 $ 190, 900 $ 1, 400 ; $ 219, 200 $ 1, 625 Moderate 226, 600 $ 1, 500 ! $ 255, 500 $ 1, 713 ' $ 313, 400 $ 2, 142 $ 359, 600 $ 2, 485 Above Moderate ! $ 226, 600+ $ 1, 500+ $ 255, 500+ $ 1, 713+ ? $ 313, 400+ $ 2, 142+ $ 359, 600+ $ 2, 485+ MAXIMUM AFFORDABLE SALES PHICE IS BASED ON THE FOLLOWING ASSUMPTlONS: S% lN7'EREST RATE, 3O- YEAR F/XED LOAN, DOWNYAYMENT:

S,OOO- EX7'NEMELY LOW,$ 10,000- VERY LOW,'.$I S,OOO- LOW,.$Z$, OOO- MODERATE, PROPERTY TAX, UTILITIF.S, AND HOMEOWNEHS 1NSURANCE AS 3O% OF MONTHLY HOUSING COST EXTHEMELY LOW, ZE% OF MONTHLY HOUSI NG COST LOW, AND ZS% OF MONTHLY HOUSING COST MODER. 4TE ABOVE MODERATE. HOMES SALF.S PRICES ARE ROUNDED TO NEAREST$ 1 OO.

SOURCE: DE NOVO PLANNING GROUP, ZO19
Affordable Housing Inventory
There are no subsidized or otherwise rent-restricted affordable multifamily complexes in Lathrop.

Mobile Home Parks
Lathrop has four mobilehome parks with a total of 259 spaces, as listed below. None of the mobilehome parks are restricted to lower income households, however, mobilehomes typically present a lower cost housing option.

Lathrop Sands, 15550 S. Harlan Road- 36 spaces
Walnut Grove Mobile Home Park, 365 E. Louise Avenue- 54 spaces Camino Real Mobile Estates, 15820 S. Harland Road- 167 spaces Harlan Park, 11424 S. Harlan Road- 2 spaces

FUTURE HOUSING NEEDS
A Regional Housing Needs Plan( RHNP) is mandated by the State of California( Government Code[ GC), Section 65584) for regions to address housing issues and needs based on future growth projections for the area. The RHNP for San Joaquin County is developed by the San Joaquin Council of Governments ( SJCOG), and allocates a " fair share" of regional housing needs to individual cities and unincorporated county. The intent of the RHNP is to ensure that local jurisdictions address not only the needs of their immediate areas but also that needs for the entire region are fairly distributed to all communities. A major goal of the RHNP is to assure that every community provides an opportunity for a mix of affordable housing to all economic segments of its population. 36 276
u r i ° {

CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 23- 1

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP

RECOMMENDING CITY COUNCIL RECEIVE AND ACCEPT THE HOUSING LEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2022 AND

AUTHORIZE STAFF TO SUBMIT THE REPORT TO THE GOVERNOR' S OFFICE OF

PLANNING AND RESEARCH AND THE CALIFORNIA DEPARTMENT OF

H USING AND COMMUNITY DEVELOPMENT
WHEREAS, California Government Code Section 65400( 2) requires the planning agency to provide an anntial report to the City Council, the Governor' s Office of Planning and Research OPR), and the State Department of Housing and Community Development ( HCD) regarding progress toward implementation of the housing element of the general plan; and WHEREAS, planning staff has prepared an annual pro ress report for the calendar year 2022, utilizing the prescribed forms and instructions provided by HCD; and WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administcative record of proceedings and pursuant to its independent review and consideration, does hereby recommend the City Council receive and accept the annual progress report on the Housing Element for Calendar Year 2022, attached and incarporated by reference herein, and authorize staff to forward the report to the Governor' s Office of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400( 2).

Plannin Co nmission Resolution No. 23- 1 Page 1 of 2
277
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a regular meeting on the 15 h
day of February, 2023 by the following vote:

AYES: Rhodes, Ishihara, Ralmilay, Jackson, Gatto
NOES: None
ABSTATN: None
ABSENT: None
Gloryanna Rhodes, Chair
ATTEST: APPROVED AS TO FORM:
ark is ner, Se retary Salvador Navarrete, City Attorney Planning Commission Resolution No. 23- I Page 2 of 2
278
ITEM 4. 14

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT LINEAR PARK IMPROVEMENTS ASSOCIATED
WITH SIA FOR TRACT 4062 AND EP NO. 2022- 16

FROM LATHROP LAND ACQUISITION, LLC, LOCATED
WITHIN CLSP NEIGHBORHOOD iC ( TRACT 4062)

AND APPROVE BUDGET AMENDMENT FOR

MAINTENANCE
RECOMMENDATION: Adopt Resolution Accepting Linear Park
Improvements Associated with Subdivision
Improvement Agreement for Tract 4062 and
Encroachment Permit No. 2022- 16 from Lathrop
Land Acquisition, LLC, Located within CLSP
Neighborhood 1C ( Tract 4062) and Approving
Budget Amendment for Maintenance
SUMMARY:

Lathrop Land Acquisition, LLC ( Saybrook), the developer for the Central Lathrop Specific Plan ( CLSP), has completed the construction of the 1C Linear Park associated with the Subdivision Improvement Agreement ( SIA) for Tract 4062 and Encroachment Permit No. 2022- 16 ( EP 22- 16). The approximate value of the improvements proposed to be accepted is $ 2, 742, 819. 09, as shown in the GASB 34 Report, included in Attachment C". These improvements were inspected by staff and deemed complete by the City Engineer. The developer provided a one- year warranty bond based on 10% of the construction costs, as well as lien releases for the improvements being accepted. A Vicinity Map is included in Attachment B".

Staff recommends City Council accept the Linear Park improvements in accordance with City specifications and approve budget amendments associated with landscape and park light maintenance.

BACKGROUND:

On October 5, 2006, the City approved a Vesting Tentative Map ( VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land. Neighborhood 1C Tract 4062 is within the geographic boundaries of the VTMs for Tracts 3533 and 3647.

On October 11, 2021, City Council approved Tract 4062, establishing 191 singlefamily Iots. As required by the City' s subdivision ordinance, the approved Tract 4062 included an SIA to guarantee specific public improvements associated with the final map.

The construction of Phase 1C Linear Park improvements is a requirement of the SIA for Tract 4062, and the work was completed under EP 22- 16. 279
CITY MANAGER' S REPORT PAGE 2
MARCH 13, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT LINEAR PARK IMPROVEMENTS ASSOCIATED WITH SIA FOR TRACT 4062 AND EP NO. 2022- 16 FROM LATHROP LAND ACQUISITION, LLC AND

APPROVE BUDGET AMENDMENT FOR MAINTENANCE
Saybrook provided a performance bond for EP 22- 16 ( PB01987300008) in the amount of $ 2, 645, 786. 76 and the Labor and Materials Bond ( PB01987300008) in the amount of $ 1, 322, 893. 38 to guarantee the construction of the Phase 1C Linear Park.

Upon acceptance of improvements by Council, these bonds will be released.

Saybrook has provided a one- year warranty bond based on 10% of the construction cost, as well as a developer lien release and lien releases from the contractors, which is detailed in Table 1 below. Staff recommends the City Council accept the public improvements listed in the GASB 34 Report.

Table 1
Contractor Scope of Work Bond Number Bond Value
Green Valley Landscape Landscaping ES00008919 145, 117. 59 Teichert Construction Topside 070214839 107, 581. 37
Im rovements
REASON FOR RECOMMENDATION:

Staff has inspected the improvements listed in the GASB 34 Report and the City Engineer confirmed that the improvements were completed in accordance with City specifications. Saybrook has submitted lien releases for the improvements being accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements.

FISCAL IMPACT:

The one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.

The City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Report detail the $ 2, 742, 819. 09 expended, and the City' s maintenance costs will increase because of the additional improvements that have to be maintained.

The initial budget for CFD 2019- 02 for CLSP was planned for gradual development.

However, with the rate of development and rise in inflation costs, staff is asking for a budget amendment to cover the cost of maintenance for the 1C Linear Park.

Staff is requesting Council approve a budget amendment for FY 22/ 23 as follows:

Increase A propriation ( Trees & Landscaping)
2680- 50- 55- 420- 27- 00 11, 100
280
CITY MANAGER' S REPORT PAGE 3
MARCH 13, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT LINEAR PARK IMPROVEMENTS ASSOCIATED WITH SIA FOR TRACT 4062 AND EP NO. 2022- 16 FROM LATHROP LAND ACQUISITION, LLC AND

APPROVE BUDGET AMENDMENT FOR MAINTENANCE
ATTACHMENTS:

A. Resolution Accepting Linear Park Improvements Associated with Subdivision Improvement Agreement for Tract 4062 and Encroachment Permit No. 2022- 16 from Lathrop Land Acquisition, LLC, located within CLSP Neighborhood 1C ( Tract 4062) and Approving Budget Amendment for Maintenance
B. Vicinity Map
C. GASB 34 Report - CLSP Phase 1C Linear Park
281
CITY MANAGER' S REPORT PAGE 4
MARCH 13, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT LINEAR PARK IMPROVEMENTS ASSOCIATED WITH SIA FOR TRACT 4062 AND EP NO. 2022- 16 FROM LATHROP LAND ACQUISITION, LLC AND

APPROVE BUDGET AMENDMENT FOR MAINTENANCE
APPROVALS:
r2/ 2 3
Bellal Nabizadah Date
Assistant Engineer
3/ z Zo2
Brad T ylor Date
Cit Engineer
3 - Z• 1 Z3
To Se tian Date
Parks, Recr ation, & Maintenance Director
f
y
Cari ) a e5 Date
Finance Di1 e tor
r--- 3 • Z• Z o Z 3
Michael King Date
Assistant City Manager
3 - . zSalvador Navarrete Date
City Attorney
a_ 3• h• 3
Stephen J. Salvatore Date
City Manager
282
RESOLUTION NO. 23-

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

LINEAR PARK IMPROVEMENTS ASSOCIATED WITH SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT 4062 AND ENCROACHMENT PERMIT NO. 2022- 16 FROM LATHROP LAND ACQUISITION, LLC, LOCATED WITHIN CLSP NEIGHBORHOOD iC ( TRACT 4062) AND APPROVING BUDGET

AMENDMENT FOR MAINTENANCE
WHEREAS, on October 5, 2006, the City approved a Vesting Tentative Map VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land. Neighborhood 1C Tract 4062 is within the geographic boundaries of the VTMs for Tracts 3533 and 3647; and WHEREAS, on October 11, 2021, City Council approved Tract 4062, establishing 191 single- family lots. As required by the City' s subdivision ordinance, the approved Tract 4062 included a Subdivision Improvement Agreement ( SIA) to guarantee specific public improvements associated with the final map; and WHEREAS, the construction of the Phase 1C Linear Park improvements is a requirement of the SIA for Tract 4062 and the work was completed under Encroachment Permit Number 2022- 16 ( EP 22- 16); and
WHEREAS, Lathrop Land Acquisition, LLC ( Saybrook), provided a performance bond for EP 22- 16 ( PB01987300008) in the amount of $ 2, 645, 786. 76 and the Labor and Materials Bond ( PB01987300008) in the amount of $ 1, 322, 893. 38 to guarantee the construction of the Phase 1C Linear Park. Upon acceptance of improvements by Council, these bonds will be released and replaced with the Warranty bond; and WHEREAS, Saybrook has provided a one- year warranty bond based on 10% of the completed improvements construction cost. Bond values and descriptions are detailed in Table 1 below; and
Table 1
Contractor Scope of Work Bond Number Bond Value
Green Valley Landscape Landscaping ES00008919 145, 117. 59 Teichert Construction Topside 070214839 107, 581. 37
Im rovements
WHEREAS, staff has inspected the improvements listed in the GASB 34 Report and the City Engineer confirmed that the improvements were completed in accordance with City specifications; and
283
WHEREAS, Saybrook has submitted lien releases for the improvements being accepted. Staff request Council accept the improvements; and WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs; and
WHEREAS, the initial budget for CFD 2019- 02 for CLSP was planned for gradual development. However, with the rate of development and rise in inflation cost, staff request approval of a budget amendment to cover the City' s maintenance for the 1C Linear Park; and
WHEREAS, staff is requesting Council to approve a budget amendment for FY 22/ 23 as follows:

Increase A propriation ( Trees & Landscaping)
2680- 50- 55- 420- 27- 00 11, 100.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements from Lathrop Land Acquisition, LLC associated with SIA for Tract 4062 and EP 22- 16 listed in the GASB 34 Report included in " Attachment C" to the City Manager' s Report, dated March 13, 2023; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the budget amendment to increase the expenditure account to CLSP CFD 2019- 02 budget for the FY 22/ 23 as detailed above. 284
The foregoing resolution was passed and adopted this 13th day of March 2023, 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 285

ACHMENT
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2/ 27/2023
City of Lathrop qTTAC MENT
Project Acceptance p
h
GA58 34 Report)
Submitted By: MacKay& Somps- Jeff Matson Date: 02/ 22/ 2023 Projed: Tract 4062- Linear Park
Address: Located along levee adjaent to Loop River and Rapids Road SOFTCOSTS UnitPrice Amount
1 Neighborhood Park Design( Gates) 73, 355. 00 573, 522. 00 2 Plan Check Fees( City of Lathrop) 123, 308. 40 $ 123, 308.40 3 Eledrical Design Work( Vizion) 19, 000.00 $ 19, 000. 00 4 Banding 20, 019. 00 $ 20, 019. 00
Subtotal: 235, 849.40
Item Description Unit Qty Unit Price Amount
A Landscape LS 1 398, 883. 00 $ 398,883. 00
1 24" Box Trees 143
2 5G Shrubs 7pg
3 1G Shrubs 1, 019
4 Sod 5, 530
5 Hydroseed 40, 680
6 Mulch 249, 541
7 Soil Preparation 295, 751
8 Fine Grade 295, 751
9 Headerboard 260
10 Root Barriers 444
11 Day Maintenance gp
Subtotal: 398,883. 00
B Irrigation LS 1 296,640. 00 $ 296,640.00
C Rough Grade LS 1 4, 765. 00 4, 765. 00
ci. lnttvop. ca. us\ dfs\ share PWK\ I-0LD\Stuff Repons\? 02i\ 03_ MerWccept Truct 4062 Linear Park\ GA58 3J\ Tract 3062 Linear ParA- GASB3J- 2023-02- 21 288
2/ 27/ 2023
Item Description Unit Qty Unit Price Amount
D Play Equipment LS 1 290, 358. 00 $ 290, 358.00
1 Berliner- Twist/ Peak Combi, Rope Climbers, Bannister 2 Burke- Spinners, Hammock Seat& Custom Panels
3 Spectra Turf Play SurFacing 5644
Subtotal: 290, 358. 00
E Site Furnishings LS 1 298, 772. 00 $ 298, 772.00
1 Benches 17
2 Tables 6
3 BBQ 1
4 Drinking Fountain Z
5 Bike Racks
6 Trash/ Recycle 14
7 Dog Stations 4
8 Exercise Equipment 6
9 Boulders 13
10 Half Mile Markers Z
11 Concrete Cornhole Games z
12 Concete Ping Pong Table 1
13 GraniteTurtles 14
Subtotal: 298,772•00
F Miscellaneous
1 LandmarkShadeStructure EA 1 117, 572. 00 117,572. 00
2 Landmark Kiosk EA 1 24, 166. 00 24, 166. 00
Subtatal: 141, 738. 00
G Teichert Construction
1 Linear Park Grading LS 1 76, 760.00 $ 76,760.00
2 Improt Owner Dirt from Tank Site( Transport Only) CY 1840 g. 66 15, 934. 40 3 8" Storm Drain Linear Park LF 3028 46 139, 288. 00
4 12" Storm Drain Stub extensions LF 170 75 12, 750.00
5 8" Storm Drain Park LF 433 5p 21, 650. 00
6 Area Drains EA 35 1210 42, 350. 00
7 Play Area Drains EA 6 1210 7, 260.00
8 3" AC/ 4" AB w/ header board SD 37006 g, 6 318, 251. 60 9 6" Concrete SD 23609 8. 41 198, 551. 69
10 MasonrySeatWalls LS 1 136300 136, 300. 00
11 Street Lights LS 1 81570 81,570. 00
12 Seat Wall Changes l5 1 25148 z5, 148. 00
Subtotal: 1, 075,813. 69
Hard Cost Subtotal $ 2, 506, 969. 69
Softcost Totai $ 235, 849. 40
Total $ 2, 742, 819. 09
ci. lathrop ca us\ d( s\ share P Wli\ I- OLD\ S etF Repoc\ 2027\ Oi_ Ma Wccept T act 4063 Lineac Pazk\ GASR 3J\ Tract 4062 Linen Pnrk- GA5B33- 202i-02- 21 289
290
ITEM 4. 15

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED
CONDITION FOR TRACT 4105, PHASE iD, LOCATED

IN THE CENTRAL LATHROP SPECIFIC PLAN FROM

LATHROP LAND ACQUISITION, LLC AND APPROVE

BUDGET AMENDMENT FOR MAINTENANCE
RECOMMENDATION: Adopt Resolution Accepting Public Improvements with Associated Condition for Tract 4105, Phase 1D
Located in the Central Lathrop Specific Plan from
Lathrop Land Acquisition, LLC and Approving Budget
Amendment for Maintenance
SUMMARY:

Lathrop Land Acquisition, LLC ( Saybrook), the developer for the Central Lathrop Specific Plan ( CLSP) area, has substantially completed construction of the public improvements listed in the GASB 34 report, included as Attachment " C" for Tract 4105, Phase 1D, in accordance with their Subdivision Improvement Agreement ( SIA).

The Tract is not energized due to delays with Pacific Gas & Electric ( PG& E) so staff is requesting Council accept improvements contingent on completion of the energization. Approval to accept the improvements contingent on completion will accelerate the construction of the homes.

These improvements have been inspected by staff and deemed complete by the City Engineer except for the energizing of the Tract. A Vicinity Map for Tract 4105 is included as Attachment B". Saybrook provided a one- year warranty bond based on 10% of the completed improvement construction cost, and lien releases for the accepted improvements.

Staff recommends City Council accept the Public Improvements contingent on the Tract being energized and approve budget amendment for Maintenance.

BACKGROUND:

On October 5, 2006, the City approved a Vesting Tentative Map ( VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land. The land for Tract 4105, Phase 1D, is within the geographic boundaries of the VTMs for Tracts 3533 and 3647.

On February 14, 2022, City Council approved Tract 4105, establishing 271 singlefamily lots. As required by the City' s subdivision ordinance, the approved Tract 4105 included an SIA to guarantee certain public improvements associated with the final map. Saybrook has completed most of the improvements associated with the SIA for Tract 4105.
291
CITY MANAGER' S REPORT PAGE 2
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITION FOR TRACT 4105, PHASE 1D, LOCATED IN THE CLSP FROM LATHROP LAND

ACQUISITION, LLC AND APPROVE BUDGET AMENDMENT FOR MAINTENANCE To ensure that the unfinished improvements are completed, Performance Bond No.

PB01987300007 for $ 15, 526, 694. 10 and Labor & Materials No. PB01987300007 for 7, 763, 347. 05 will remain in place until the Tract is energized, inspected by staff, and deemed complete by the City Engineer. Upon completion of the energization, the bonds will be released, and maintenance will begin.

Saybrook has provided one- year warranty bonds based on 10% of the completed improvements construction cost and both developer lien releases and lien releases from each contractor. The warranty bond values and descriptions are detailed in Table 1 below.

Table 1
Contractor Scope of Work Bond Number Bond Value
Teichert Construction Mass Gradin 070214801- M 219, 158. 10 Teichert Construction Underground 070214819- M 898, 955. 63 and To Side
Teichert Construction Offsite Sidewalk 070214802- M 17, 893. 85 Smith Denison Joint Trench 100723204 346, 694. 60
David Hall Masonry Sound Walls 1001086888 137, 343. 50
Green Valley Landscaping CAC719811 116, 848. 67
Landsca in
REASON FOR RECOMMENDATION:

Construction of the public improvements for Tract 4105 is substantially complete and have been inspected by City staff to ensure conformance with the approved plans.

Saybrook has submitted lien releases and a one- year maintenance bond for the improvements being accepted. Conditional acceptance of the improvements will allow for the continued development of Tract 4105.

To avoid delay in waiting for PG& E, staff requests council approve this contingent acceptance. If approved, City staff will confirm when the condition has been met and will subsequently release the Performance and Labor & Materials bonds as well as allow for the City to start maintenance of the improvements.

FISCAL IMPACT:

The one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.

The City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Report detail the $ 11, 034, 717. 91 expended, and the City' s maintenance costs will increase because of the additional improvements that have to be maintained. 292
CITY MANAGER' S REPORT PAGE 3
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITION FOR TRACT 4105, PHASE iD, LOCATED IN THE CLSP FROM LATHROP LAND

ACQUISITION, LLC AND APPROVE BUDGET AMENDMENT FOR MAINTENANCE The initial budget for CFD 2019- 02 for CLSP was planned for gradual development.

However, with the rate of development and rise in inflation costs, staff is asking for a budget amendment to cover the cost of maintenance for CLSP Phase 1D.

Staff is requesting Council approve a budget amendment for FY 22/ 23 as follows:

Increase A propriation ( Trees & Landscaping
2680- 50- 55- 420- 27- 00 11, 100
Increase A propriation ( Street Light Maintenance
2680- 50- 55- 420- 31- 00 1, 406
ATTACH M ENTS:

A. Resolution Accepting Public Improvements with Associated Condition for Tract 4105, Phase 1D, in the Central Lathrop Specific Plan from Lathrop Land Acquisition, LLC and Approving Budget Amendment for Maintenance B. Vicinity Map
C. GASB 34 Report - Tract 4105 CLSP Phase 1D
293
CITY MANAGER' S REPORT PAGE 4
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITION FOR TRACT 4105, PHASE iD, LOCATED IN THE CLSP FROM LATHROP LAND

ACQUISITION, LLC AND APPROVE BUDGET AMENDMENT FOR MAINTENANCE APPROVALS:

Bellal abiza ah Date
Assistant Engineer
3 3 20? 3
Brad Ta or Date
Cit Engineer
Z , u z3
Todd Seb tian Date
Parks, Recreation, & Maintenance Director
1',
c 3/ z / Zoz3
Cari ) ames Date
Finance Director
3 2 ( 2o z3
Michael King Date
Assistant City Manager
3 . Z- Zo z 3
Salvador Navarrete Date
City Attorney
3 • ?• z3
Stephen J. Salvatore Date
City Manager
294
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITION FOR TRACT 4105, PHASE iD, IN THE CENTRAL LATHROP SPECIFIC PLAN FROM LATHROP LAND

ACQUISITION, LLC AND APPROVING BUDGET AMENDMENT FOR

MAINTENANCE
WHEREAS, on October 5, 2006, the City approved a Vesting Tentative Map VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land. The land for Tract 4105, Phase iD, is within the geographic boundaries of the VTMs for Tracts 3533 and 3647; and WHEREAS, on February 14, 2022, City Council approved Tract 4105, establishing 271 single-family lots. As required by the City' s subdivision ordinance, the approved Tract 4105 included an SIA to guarantee certain public improvements associated with the final map. Saybrook has completed most of the improvements associated with the SIA for Tract 4105; and
WHEREAS, Lathrop Land Acquisition, LLC ( Saybrook) has completed most of the improvements associated with the SIA for Tract 4105. Due to delays with Pacific Gas & Electric ( PG& E), the Tract is not energized. Staff recommends City Council accept Public Improvements contingent on the Tract being energized; and WHEREAS, approval to accept the improvements contingent on completion will accelerate the construction of the homes by allowing Saybrook to sell the land to the builders, rather than waiting for a full acceptance during a later City Council meeting; and
WHEREAS, to ensure that the unfinished improvements are completed, Performance Bond No. PB01987300007 for $ 15, 526, 694. 10 and Labor & Materials No. PB01987300007 for $ 7, 763, 347. 05 will remain in place until the Tract is energized, inspected by staff, and deemed complete by the City Engineer. Upon completion of the energization, the bonds will be released, and maintenance will begin; and
WHEREAS, Saybrook has provided one- year warranty bonds based on 10% of the completed improvements construction cost and both a master lien release and lien releases from each contractor. The warranty bond values and descriptions are detailed in Table 1 below:

Table 1
Contractor Scope of Bond Number Bond Value
Work
Teichert Construction Mass Gradin 070214801- M 219, 158. 10 Teichert Construction Underground 070214819- M 898, 955. 63 and To Side
295
Teichert Construction Offsite 070214802- M 17, 893. 85
Sidewalk
Smith Denison oint Trench 100723204 346, 694. 60
David Hall Masonr Sound Walls 1001086888 137, 343. 50
Green Valley Landscaping CAC719811 116, 848. 67
Landsca in
WHEREAS, City staff will confirm when the condition has been met and will subsequently request the City Engineer to release the Performance and Labor & Materials bonds. This will allow for the City to start maintenance of the improvements; and
WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs; and
WHEREAS, the initial budget for CFD 2019- 02 for CLSP was planned for gradual development. However, with the rate of development and rise in inflation cost, staff request approval of a budget amendment to cover the City' s maintenance for the CLSP Phase 1D neighborhood; and
WHEREAS, staff is requesting Council to approve a budget amendment for FY 22/ 23 as follows;
Increase A propriation ( Trees & Landscaping
2680- 50- 55- 420- 27- 00 11, 100
Increase Appropriation ( Park Light Maintenance
2680- 50- 55- 420- 31- 00 1, 406
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements associated with the Subdivision Improvement Agreement for Tract 4105 in the Central Lathrop Specific Plan from Lathrop Land Acquisition, LLC in accordance with City specifications, contingent on the Tract being energized and City Engineer confirming improvements are complete when this condition has been met and upon satisfaction of the condition. Council authorizes the release of the Performance and Labor & Materials bonds.

BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the budget amendment to increase the expenditure account to CLSP CFD 2019- 02 budget for the FY 22/ 23 as detailed above. 296
The foregoing resolution was passed and adopted this 13th day of March 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas Salva or avarrete
City Clerk City Attorney
297

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A7TACHMENT 3/ 1/ 2023
City of Lathrop
Project Acceptance
GASB 34 Report)
Submitted By: MacKay& Somps- Jeff Matson Date: 02/ 28/ 2023 Project: Tract 4105- Neighborhood Improvements
Address: Trect 4105- Neighborhood 1D in the Centrel lathrop Specific Plan SOFT COSTS Unit Price Amount
1 Inspection Fees City ofLathrop) 114, 799.50 114,799.50 2 Geotechnical Report( Engeo) 21, 000. 00 21, 000.00
3 Environmental testing& Observation Services( Engeo) 201, 383.79 201, 383. 79 4 Civil Engineering( Mackay& Somps) 513, 535.40 513, 535. 40 5 Construction Staking( Mackay& Somps) 317, 181. 30 317, 181. 30 6 Topside and Underground( Teichert overtime charges) 194, 903.00 5194, 903. 00 7 Joint Trench Design( Vizion) 115, 065. 00 115, 065. 00 Subtotal: 1, 477,867. 99
Item Description Unit Qty Unit Price Amount
A Greding LS 1 5z, 191, 581.00 $ 2, 191, 581. 00
1 Ciearing Acre 48
2 Compact original Grade SD 1, 240,079
3 Rough Grading CY 53, 977
4 Overex streets to Pads CY 13, 463
5 Import CY 13, 463
6 Basin Fine Grading SF 200, 339
7 Finish Lots EA 271
8 Sound Wai Berm F 3, 722
9 Construction Entrance EA 2
10 Office Trailer MO 8
11 Access Road relocation lS 1
12 Dewatering LF 10, 150
Subtotal: 2, 191, 581. 00
8 Fine Grade, Rock and Pave
1 Finish Grade Right of Way SF 728,808 0. 43 313, 387.44 2 Re- certify pads afterjoint tre ch EA 271 117.00 31, 707. 00 3 4" AC SF 379, 684 2. 43 922, 632. 12
4 Sweep& Tack between litts SF 379, 684 0.09 534, 171. 56 5 4" AB SF 409, 111 0. 90 5368, 199. 90
6 12" QuickLime SF 409, 111 1. 12 458, 204. 32
7 7" AB @ Residential Driveway SF 26,200 54.05 106,110.00 8 Remove Exist Ac LS 1 3, 900. 00 3, 900.00
9 SawCut LF 200 5. 79 51, 158. 00
10 Irrigation Sieeves 2 per lot lot 271 241. 00 65, 311. 00 11 Corner Lot sleeve 1 per lot Lot 39 125. 00 4, 875.00 12 Survey Monuments EA 82 770.00 63, 140.00
13 Street Name Signs LS 1 552, 250.00 52, 250.00
13 Additional Signs( CO# 1) LS 1 530, 800.00 10. 800. 00 14 Striping and Markings LS 1 33, 350. 00 33, 350.00
Subtotal: 2, 469, 196.34
C Concrete Work
1 Curb and Gutter LF 19,618 26. 77 525, 173. 86
2 Type F MECurband Apron LF 577 44. 95 25, 936. 15
3 5' Sidewalk SF 101, 277 55. 84 591,457. 68
4 Accessible Ramps EA 38 52, 425. 00 592, 150. 00
ci. IatM1rop. ca. usdf' xhnre'. PWK' I- OLD' SbtYR. yorts 1027 Ai_MoeWeeept T act 911151mpcovemmts Trxl4I05- Record Drawing`. Tn. 14105- Civl Improvemeuts and SLsll'cnct 4105 NeighborhooJ ID- G.4SB34- 2023-( p- 28 300
3/ ll2023
Item Description Unit Qty Unit Price Amount
5 Midblock Ramps EA 1 1, 390. 00 1,390. 00
6 Residential Driveways EA 271 895. 00 242, 545. 00
7 Dowels at Driveways EA 271 5125. 00 533, 875. 00
8 ParkSidewalk SF 9, 427 6.49 561, 181. 23
SubtoWl: 1, 573,708.92
D Sanitary Sewer
1 8" Sewer LF 9855 63. 00 620, 865. 00
2 4" Service EA 271 1, 333. 00 361, 243. 00
3 48" Sewer Manhole EA 42 7, 175. 00 301,350.00
4 Connect to Existing sewer EA 2 4, 915. 00 59,830.00
Subtotal: 1, 293, 288. 00
E Storm Drain
1 15" SD Sanitite Lf 1703 573. 00 124,319.00
2 15" SD Sanitite DL Lead LF 3237 75. 00 242, 775. 00
3 18" SD Sanitite LF 1260 582• 00 103,320.00
4 24" SD Sanitie LF 1600 128. 00 204, 800•00
5 36" SD SAnitie LF 1320 213. 00 5281, 160. 00
6 48" SD Sanitite LF 558 282. 00 157, 356. 00
7 60" SD RCP Class 3 LF 506 5352. 00 178, 112. 00
8 72" SD RCP Class 3 LF 106 445. 00 47, 170. 00
9 Type 1 Curb Inlet EA 87 4, 325.00 376,275.00
10 48" SD mAnhole EA 15 6, 125. 00 91, 875.00
Si 72" SD manhole EA S 7, 245. 00 36, 225. 00
12 Junction Strutture EA 1 88,900.00 588, 900. 00
13 Drainage iNlet EA 2 5, 480.00 10, 960. 00
14 Park Storm Stubs EA 2 1, 300. 00 2, 600. 00
15 Curb Inlet( saddle base) EA 6 7, 120.00 542, 720. 00 16 Connet to existing EA 1 4, 425. 00 4,425.00
Subtotal: 1, 992, 992.00
E Domestic Water
1 8" Water LF 10784 554. 00 582, 336.00
2 8" Gate Valve EA 59 2, 290.00 135,110.00
2 8" Gate Valve( CO# 2) EA 11 2, 290.00 25, 190. 00
3 1. 5" Water Service EA 271 1, 531. 00 414,901.00
4 1. 5" Water Service( park) EA 1 51, 635. 00 51, 635. 00 5 Irrigation Service EA 2 2, 555. 00 5, 110. 00
6 fire Hydrants EA 21 9, 780.00 205, 380.00
7 Temp BOV EA 2 807.00 1, 614. 00
8 Bacteria Sampling Station EA 1 53, 750.00 3, 750.00
9 Air Release Valves EA 2 4, 105. 00 8, 210. 00
10 Connect to existing EA 3 5, 225. 00 15, 675. 00
Subtotal: 1, 398, 911. 00
E Recycled Water
1 6" Recycled Water LF 165 52. 00 58, 580. 00
2 6" Recycled Water( Change Order# 1/ Revision) LF 790 561. 00 548, 190.00 3 6" Gate Valve EA 1 1, 407. 00 1, 407.00
4 6" Gate Valve( Change Order ril/ Revision) EA 1 1, 555. 00 51, 555. 00 5 2" Recycled water Service( Change Order# 1/ Revision) EA 1 3, 300.00 3, 100. 00 6 Temp Blowoff Valve EA 1 1, 250.00 1, 250.00
7 Connect To Exist EA 1 2, 475.00 2, 475. 00
Subtotal: 57,977.00
E Streetlights
1 SSW Streetlights with photocell EA 72 11, 576.00 833, 472. 00 2 Spiice Boxes EA 103 1, 110.00 114,330.00
3 2" PVC Conduit with 2/ 0 LF 4373 13. 50 559, 035. 50
4 Z" PVC conduit with 3/ 0 LF 121 14. 50 1, 754.50
I th up- ce. d shece`. P WK'. 1- OLD' Smf( Re nrt. v 2023 d1t Mar, Accept Tract- 0105 Improvrnrnts Tnct 4105- Rzcord Draw-ivg\ Tra t 4105- Crvl Lnp ovemems and SLn Tract 4105 Neighbochood 1 D- GASB3J- 2023-02- 28 301
3/ 1/ 2023
Item Oescription Unit Qty Unit Price Amount
5 Meter Pedestal 4 4 9,950.00 539, 800. 00
Subtotal: 1, 048, 392. 00
Hard Cost Subtotal $ 9, 556, 849. 92
Softcost Total 51, 477, 867. 99
Total $ 11, 034, 717. 91
wi. lathrop_ ce. v 4G; xhnm` PWK', i- OLI)' SC fCRepmt-2023 03_ Mar' viccept iract i105 Improrrnimt T act 4105- Recocd Ihawing`. Tract 4105- Civil Improcemems aud SLs, Tract J I05 Neighborhoaf i D- GASB37- 2023-02- 28 302
ITEM 4. 16

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS, PUBLIC RIGHT- OFWAY AND PUBLIC UTILITY EASEMENTS ASSOCIATED WITH EP NO. 2020- 67, LOCATED AT 15299
MCKINLEY AVENUE FROM SUNRISE TRUCKING INC.

RECOMMENDATION: Adopt Resolution Accepting Public Improvements, Public Right- of-Way and Public Utility Easements
Associated with Encroachment Permit No. 2020- 67
from Sunrise Trucking Inc., located at 15299
McKinley Avenue
SUMMARY:

Sunrise Trucking Inc., the developer of the truck parking facility located at 15299 McKinley Avenue, completed the public improvements associated with Encroachment Permit ( EP) 2020- 67. Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. The approximate value of the improvements constructed is $ 239, 131. 75, as shown in the GASB 34 Report included as Attachment " C".

Sunrise Trucking Inc. submitted lien releases confirming all sub- contractors and suppliers have been paid in full and a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be aecepted. A Vicinity Map is included in Attachment " B". The Conditions of Approval ( COAs) for this project required the dedication of all necessary public right- of-way and public utility easements along E.

Louise Avenue and McKinley Avenue, which have been provided to the City.

Staff recommends City Council accept the completed public improvements in accordance with City specifications associated with the EP No. 2020- 67. Staff also recommends City Council accept the right- of- way and public utility easements.

BACKGROUND:

The City of Lathrop Planning Commission approved Site Plan Review 20- 107 ( SPR 20- 107) by Resolution 20- 13 on December 2, 2020, for a truck parking facility located at 15299 McKinley Avenue. The project included 216 commercial trucks and 55- truck trailer parking on three sites totaling 16. 11 acres in size.

The COAs associated with SPR- 20- 107 required the installation of frontage improvements along E. Louise Avenue and McKinley Avenue, including but not limited to paving, landscaping, fencing, lighting, curb, gutter, and sidewalk. The COAs also required the dedication of all public right-of-way easements ( ROW) necessary for the ultimate width along E. Louise Avenue and McKinley Avenue. 303
CITY MANAGER' S REPORT PAGE 2
MARCH 13, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS, PUBLIC RIGHT- OF- WAY AND PUBLIC UTILITY EASEMENTS ASSOCIATED WITH EP NO. 2020- 67, LOCATED AT 15299 MCKINLEY AVENUE FROM SUNRISE TRUCKING INC.

A 10- foot public utility easements ( PUE) was also required to be dedicated along all ROW frontages. The developer has provided offers of dedication for both the ROW and PUE.

Construction of the frontage improvements are complete and the approximate value of the improvements proposed to be accepted is $ 239, 131. 75, as shown in the GASB 34 Report. These improvements have been inspected by staff and have been deemed complete by the City Engineer.

Sunrise Trucking Inc. provided a performance bond ( Bond No. CAC718643) with EP 2020- 67 in the amount shown in Table 1 below that guaranteed the construction of the offsite improvements. The bond will be released and replaced with the warranty bond by the City Engineer upon acceptance of the improvements. After the initial one- year warranty period, the operating and maintenance costs of these improvements will be funded by the Council approved operating budget.

Table 1
Description
Performance Bond Warranty Bond
Number & Amount Number & Amount
Encroachment Permit CAC718643 100001973
2020- 67 262, 500 23, 913. 18
REASON FOR RECOMMENDATION:

Staff inspected the improvements listed in the GASB 34 Report and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. Sunrise Trucking Inc., has submitted lien releases for the improvements being accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements and associated ROW & PUE easements.

FISCAL IMPACT:

The GASB 34 report attached details the $ 239, 131. 75 expended on the improvements proposed to be accepted. The future operating and maintenance costs of these improvements will be funded by the Council approved Local Street Fund 2080.

The one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. 304
CITY MANAGER' S REPORT PAGE 3
MARCH 13, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS, PUBLIC RIGHT- OF- WAY AND PUBLIC UTILITY EASEMENTS ASSOCIATED WITH EP NO. 2020- 67, LOCATED AT 15299 MCKINLEY AVENUE FROM SUNRISE TRUCKING INC.

ATTACHMENTS:

A. Adopt Resolution Accepting Public Improvements, Public Right- of-Way and Public Utility Easements Associated with Encroachment Permit No. 2020- 67 from Sunrise Trucking Inc., Located at 15299 McKinley Avenue B. Vicinity Map
C. GASB 34 Report - 15299 McKinley Avenue
D. Offer of Dedication of Right of Way Easement for McKinley Avenue E. Offer of Dedication of Public Utility Easement for McKinley Avenue F. Offer of Dedication of Right of Way Easement for Louise Avenue G. Offer of Dedication of Public Utility Easement for Louise Avenue 305
CITY MANAGER' S REPORT PAGE 4
MARCH 13, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS, PUBLIC RIGHT- OF- WAY AND PUBLIC UTILITY EASEMENTS ASSOCIATED WITH EP NO. 2020- 67, LOCATED AT 15299 MCKINLEY AVENUE FROM SUNRISE TRUCKING INC.

APPROVALS:
2 2/ 23
Bellal Nabizadah Date
Assistant Engineer
3 Z Zo23
Brad T or Date
CitynEngineer
Cari Jam Date
Finance ' ector
3 - z• z z.3
Michael King Date
Assistant City Mana er
z - zoZ3
Salvador Navarrete Date
City Attorney
3•?• 23
Stephen J. Salvatore Date
City Manager
306
RESOLUTION NO. 23-

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

PUBLIC IMPROVEMENTS, PUBLIC RIGHT- OF- WAY AND PUBLIC UTILITY EASEMENTS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2020- 67 FROM SUNRISE TRUCKING INC., LOCATED AT 15299 MCKINLEY AVENUE WHEREAS, the City of Lathrop Planning Commission approved Site Plan Review 20- 107 ( SPR 20- 107) by Resolution 20- 13 on December 2, 2020, for a truck parking facility located at 15299 McKinley Avenue. The project included 216 commercial trucks and 55- truck trailer parking on three sites totaling 16. 11 acres in size; and
WHEREAS, the Conditions of Approval ( COAs) associated with SPR- 20- 107 required the installation of frontage improvements along E. Louise Avenue and McKinley Avenue, including but not limited to paving, landscaping, fencing, lighting, curb, gutter, and sidewalk; and
WHEREAS, construction of the frontage improvements are complete and the approximate value of the improvements proposed to be accepted is $ 239, 131. 75, as shown in the GASB 34 Report; and
WHEREAS, the COAs also required the dedication of all public right- of-way easement ( ROW) necessary for the ultimate width of E. Louise Avenue and McKinley Avenue. A 10- foot public utility easement ( PUE) was also required to be dedicated along all ROW frontages. The developer has provided offers of dedication for both the ROW and PUE; and
WHEREAS, Sunrise Trucking Inc., the developer of the Truck Parking facility, provided a performance bond ( Bond No. CAC718643) with Encroachment Permit ( EP) 2020- 67 in the amount shown in Table 1 below that guaranteed the construction of the offsite improvements. The bond will be released and replaced with the warranty bond by the City Engineer upon acceptance of the improvements; and Table 1
Description
Performance Bond Warranty Bond
Number & Amount Number & Amount
Encroachment Permit CAC718643 100001973
2020- 67 262, 500 23, 913. 18
WHEREAS, staff inspected the improvements listed in the GASB 34 Report and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and
WHEREAS, Sunrise Trucking Inc., has submitted lien releases for the improvements being accepted; and
307
WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The future operating and maintenance costs of these improvements will be funded by the Council approved Local Street Fund 2080.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements, public right- of-way and public utility easements associated with EP No. 2020- 67 from Sunrise Trucking Inc., located at 15299 McKinley Avenue.
308
The foregoing resolution was passed and adopted this 13th day of March 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas Salvador Navarrete
City Clerk City Attorney
309

VICINITY MAP
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NOT TO SCALE

SUNRISE TRUCKING
LATITUDE: 37° 49' 18. 88" N/ LONGITUDE: - 121° 16' 22. 91" W 15299 MCKINLEY AVENUE
LATHROP, CA 95330

SAN JOAQUIN COUNTY
WONG ENGINEERS, INC.

PLANNING ENGINEERING SURVEYING
4578 FEATHER RIVER DRIVE, SUITE A
STOCKTON, CALIFORNIA ( 209) 476- 0011
310

ATTACHMENT
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City of Lathrop
Project Acceptance
GASB 34 Report)
Submitted By: Wonq Enqineers. Inc.( Zachary Wonu)- Proiect Enaineer Date: 7/ 25/2023 Project: McKinlev Avenue/ Louise Avenue Offsite Imarovement Plans Address: 15299 McKinlev Avenue
SOFT COSTS Unit Price Amount
1 PERMITTING FEES 19,932. 50 $ 19, 932. 50
2 CIVIL COSTS 12, 647. 50 $ 12, 647. 50
Subtotal: $ 32, 580. 00
Item Descriution Unit ty Unit Price Amount

A SITE PREPERATION AND GRADING
1 Clearing and Grubbing LS 1 3, 000. 00 $ 3, 000. 00
2 Sawcut LS 1 2, 500. 00 $ 2, 500. 00
3 Remove Existing Asphalt SF 3, 243 $ 4. 00 $ 12, 972. 00 4 Erosion Control LS 1 3, 500. 00 $ 3,500. 00
5 Rough Grading LS 1 16, 500. 00 $ 16, 500. 00
Subtotal: S 38, 472. 00

B WATER
1 1" WaterService( McKinleyAvenue) EA 1 7, 500. 00 $ 7, 500. 00 Subtotal: $ 7, 500. 00

C STORM WATER
1 12" PVC( Louise Avenue) LF 16 55. 00 $ 880. 00
2 12" PVC( McKinley Avenue) LF 13 55.00 $ 715. 00
3 Catch Basin( Louise Avenue) EA 1 5, 000. 00 $ 5, 000. 00 4 Catch Basin( McKinley Avenue) EA 1 5, 000.00 $ 5, 000. 00 Subtotal: $ 11, 595. 00

D LANDSCAPING
1 Landscaping LS 1 8,450. 00 $ 8, 450.00
Subtotal: S 8, 450. 00

E STREET IMPROVEMENTS( LOUISE AVENUE)
1 Curb and Gutter LF 175 $ 40.00 $ 7, 000.00
2 10' Wide Sidewalk SF 880 $ 7. 50 $ 6, 600. 00
3 Driveway SF 646 $ 8.00 $ 5, 168. 00
4 4" Overlay to Centerline SF 4,347 $ 3. 25 $ 14, 127. 75 5 9"AC/ 11. 5" AB SF 2, 449 $ 12. 00 $ 29, 388.00
6 AC Dike LS 1 3, 500. 00 $ 3, 500. 00
Subtotal: $ 65,783.75

F STREET IMPROVEMENTS( MCKINLEY AVENUE)
1 Curb and Gutter LF 159 $ 40.00 $ 6, 360. 00
2 10' Wide Sidewalk SF 634 $ 7. 50 $ 4, 755. 00
3 Driveway SF 420 $ 8. 00 $ 3, 360. 00
4 4" Overlay to Centerline SF 2,800 $ 3.25 $ 9, 100. 00 5 9"AC/ 11. 5" AB SF 1, 898 $ 12. 00 $ 22,776. 00
Subtotal: 5 46, 351. 00

G STREET LIGHTING
1 Street lighting LS 1 7, 000. 00 $ 7,000. 00
2 2" PVC LF 160 $ 8. 00 $ 1, 280. 00
Subtotal: S 8, 280. 00
311
H SIGNING$ STRIPING
1 Asphalt Striping LF 508 $ 15. 00 $ 7, 620.00
2 Caltrans MUTCD Sign R26 EA 4 500. 00 $ 2, 000. 00
3 Caltrans MUTCD Sign R6- 1 R EA 1 500. 00 $ 500. 00
Subtotal: S 10, 120. 00

I MISCELLANEOUS
2 Traffic Control LS 1 10, 000. 00 $ 10, 000. 00
Subtotal: S 70,000. 00
HARD COST TOTAL 206, 551. T5
SOFT COST TOTAL 32,580. 00
OVERALL TOTAL 239, 131. 75
Hard Costs from Herb Preszler Construction and United Paving. f , 1 y a.

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pT7ACHMENT
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RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRNE
LATHROP, CA 95330
Exempt from payment ofrecording fees( GC 27383)
SPACE ABOVE THIS L1NE FOR RECORDER' S USE
Offer of Dedication
for Pubiic Right- of-Way Easement
McKinley Avenue ( APN 198-060- 19)
THIS INTSRUMENT BENEFITS THE CITY ONLY. NO FEE REQUIRED.

THE UNDERSIGNED GRANTOR( S) DECLARE( S): DOCUMENTARY TRANSFER TAX IS$ 0. 00 RBTC Transfer to Govemment Aaencv computed on fuil value of property conveyed, or
computed on fuli value less liens and encumbrances remaining at time of sale.

Unincorporated area ( X) City of Lathrop
For a valuable consideration, receipt of which is hereby acknowledged, Sunrise Trucking Inc., a California corporation, legal landowner" Grantor{s)", hereby grants to CITY OF LATHROP, a Calffomia municipal corporation" Grantee", a public right-of-way easement for public purposes over all that real property in City of athrop, San Joaquin County, State of California, described as:

See attached Exhibit" A" and Exhibit" B" attached hereto and made a part he f"* In witness whereof the undersigned have executed this instrument on this day of fl, J 2 .s .

Grantor( s): LANDOWNER
1 By:

Sunris Tru ing Inc., a California corporation
Name: Sukhchain Singh Gill
Title: President
313
Calltorn a All-Purposs Ce ti cats ofAcla owiodSment
A notary pubic or olher otiker canpleting this ceAificate vsriKes a ly the id ty of the al who signed the doaxneirt to which this certific te is attachsd, and not tl e truthiuk ss, accuracy, or vaidity of that documerrt. tate Of Californie
County of S 10 s. s.

On Z 3 Z' before me, Mandeep Bhuller, Notary Public
Name ot Natary P 7itie
personaily appeared S h
Name Signa ( 1)
Name oi Sfener( 2)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and adcnowledged to me that heis ey executed the ssme in his/ herJtheir authorized capacityy( ies), and that by his/ heNtheir signature( s) on the instrument the person( s), or the entiiy upon behaff of whic the pe son(s) acted, executed the instrument
I cefify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing para raph is E E P B H U L true and comect. tu° E:..

UBL? CAIIF N
WITNE3S my hand and o icial s al. AqU N COu
s a
gnature of Notary Public

OPTIONAL INFORMAT/ON
Aithough the information in this section is not required by/ aw, it could prevent fiaudulent removal and reattachment of this acknowledgmenf to an crnauthonzed document and may prove usefcrl to persons rely'mg on the attached document.

Description of Attached Document
The prec eding Certific te of Ac* nowledgmeM is attac ed to a Method of Si ner ldentification document titled/ For the purpose Pro ed to me on me aassre a ca istaaory e denoe:
fwm( s) of identlfication credibie wffneas( es)
cornaining pages, and dated Notarial event is detailed in notary joumal on:

TIt@ Si Pape#_ Entry# eKs) capaaty or aulhority is/are as:

Q s Notary contact:

Corporate O iCer( s) Ofher
Titleis
Additional Signer Sipner(s) Thumbprints(s)
GUefdiaNC r
O PaMner- LimitedlGeneral
T ustee( s)
O er:
represeMin9:

Nen» ia l o( Parwn( s) Entily( i a Signer is P,ep? senli Q 2009• 2015 Notary Leaming Centar• All Rights Reseried You can purchase copies of this form from our veb site at www TheNotarysS 314
Wong fngineers, Inc.
n ' 4578 Feather River Drive. Suite A Zacha y c. Wong P.E., p.Ls. i Stockton, Caltfomia 95219
Phone( 2fl9) 476-0019
EBRi.IARY 24, 2021
DESCR1PTtON OF EASEMENT DEDICAilON FOR 22-FOOTWIDENING OF MCKiNLEY AVENUE
A PORTION OF EAST ONE HALF OF SECTION 26, TUWNSHIP 1 SOUTH, RANGE 6 EAST, MOUNT DIABLQ BASE AND MERIDiAN, CITY OF lATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFt RNiA, BEiNG M4RE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF PARCEL DESCRIBED IN GRANT DEED TO SUNRiSE TRUCKlNG INC., REC RDED AUGUST 14, 2020 IN DQCUMENT NUMBER 2020- 101838t SAN JOAQUIN COUNTY RECORDS, ALSO AT THE 1NTERSECTION OF SOUTH RIGHT-0E-WAY LINE UNION PACIFiC RAILROAO AND WEST LINE OF MCKINLEY AVENUE( VARIED IN WIDTHj; THENCE

ALQNG THE WEST LINE OF SAID MCKINLEY AVENUE ANO MOST EASTERLY LINE OF SAID GRANT DEED, SOUTH 2°27' 00° EAST, 154. 41 FEET TO THE MOST SOUTHEASTER Y CORNER OF SAiD GRANT DEED; THENCE ALONG THE

SOUTHERLY CURVE OF SAID GRANT DEED T THE LEFT WITH A RADIUS OF l432. 70 FEET, THROUGH A CENTRAL ANGLE QF 1° 01' 41"{ THE L4NG CHORD OF WHICH BEARS SOUTH 57° 27' 50° WEST 25. 43 FEET}, AN ARC DlSTANCE OF 25.43 FEET; TNENCE PARALLEL WITH THE MOST EASTERLY LlNE OF SAID GRANT DEEO AIVD WEST LINE OF SAID MCKINLEY AVENUE, NORTH 2°27'00" WEST, 162, 19 FEET TO THE NORTHERLY CURVE OF SAIO GRANT DEED; THENCE ALONG THE NORTHERLY CURVE C)F SAlD GRANT DEED TO THE RIGHT WITH A RADIUS OF 1025. 58 FEET THROUGH A CENTRAL ANGLE OF 1° 15' 36"( THE LONG CHQRD- OF WHICH BEARS NORTH 74°49' 33° EAST, 22. 55 FEET), AN ARC DISTANCE OF 22. 55 FEET TO THE NORTHEAST CORNER F SAiD GRANT DEED AND TO THE POINT OF BEGINNING.

CONTAINING 3,483 SQUARE FEET, MORE OR LESS.
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END OF DESCRIPTION. Y
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ATTACHED IS A P AT ENTITLED EXHIBIT° B°
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WHICH BY REFERENCE IS MADE PART THERE( JF.
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PREPARED BY: C•
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SEE SHEET 2
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APN TABLE NO' iES:
o 98- oso- o2 o PROPERTY TO BE
U 2 gg_ p 20 DEDICATED FOR
Z
3 198- 100- 01
MqCiNIEY AVENUE
M RS. .2l'=!'6 iMDENlNG.

O 0 Q 4 198- 100- 02 ' g` PROPOSED ' t0' P. U. E.

Z y. 5 198- 1Q0- 03
J 6 198- 100- 04
20 Y
7 196- 510- 13
o 96_, 0_, 2
g 196- 510- 14
J -"' O
10 198- 010- 46
S 1 i 198- 010- 45
7 10 S. B- 2.2 12 198-- 010- 44
0 50
15 13 198-- 064- 19 j" p0'
fi.'S. ,26'- 9S
14 196- 510- i i
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15 196- 510- 10 LAND S
16 i 98- 010- 23 4,,, c
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Q P. 11 59 f 7 198- 010- 37
14 P.d1. 11-» 6 18 198- 010- 48 f
19 198- d10- 47 N0. 7600
EX. 12- 31- 2022
lOUISE AVENUE
20 ss—o a- 2z r,,
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OF C A
WONG ENGINEERS, INC. EXHIBIT B"

PLANNING ENGINEERING SURVEYING
p, qT 0 DEQICATION F' OR 22'
4578 FEAINER RIVER DRIVE. SUITE A
yV OENING OF MqCINLEY AVENUE
STQCKTON. CALIFORNIA ( 209) 476- 0011
10' PUBLIC UTIUTY EASEMENT
FEBRUARY 24, 2021 SHEET 1 OF 3
316
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P. O. C. - 10' P. U. E. M
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T.P. O. B. - 90' P. U. E.
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PR ERTY TO BE OEDICATED
FOR MCKiNLEY AVENUE 1MDEMING
I
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PROPOSED 10' ,
P. U. E. OEDlCATION
G` 20' 42'
iC,h C,O
l
LEGENDS:

OOC. OOCUMENT NUMBER S. J. C. R.

P. M. PARCEL MAP. BOOK & PAGE, S. J. C. R.

P. O. B. POINT OF BEGINNING
P. O. C. POINT t F COMMENCEMENT
P. U. E. PUBLIC UTILITY EASEMENT
R. S. RECORD OF SURVEY 800K & PAGE. S. J. C. R.

S. F. SQUARE FEET
S. J. C. R. SAN JOAQUtN COUNTY RECORDS NOTES:

T. P. O. B. ' fRUE POINT OF BEGINNING SEE SHEEf 3 FOR CURVE TABLE.

WONG ENGINEERS, iNC. EXHIBlT " B"
PLANNItVG Eh1GINEERING SURVEYING
p, qT OF DEDICATION FOR 22'
4578 FEA' iHER RtVER DRIVE, SUITE A
VVIDENING OF MqCiNLEY AVENUE
STOCKTON. CALJFORNIA ( 249) 476- Q011 10' PUBUC UTIUTY EASEMENT FEBRUARY 24 2021 SHE T 2 OF' 3
317

CURVE TABLE
LENG7H RADIUS DELTA CH- BEARING CH-- LENGTH
C1 22. 55' 1025.58' 1' 15' 36" N74' 49' 33" E 22. 55'
C2 10. 29' 1025. 58' 0' 34' 30" S73' 54' 30" W 10. 29'
C3 32. 84' i Q25. 58' 1 50' O6" N74'32' 18" E 32. 84'
C4 25.43' 1432. 70' 1' 01' 01" S57' 27' 50" W 25. 43'
C5 11, fi5' 1432. 70' 0' 27' S7" N56' 43' 21" E 11. 85' C6 37. 07' 1432. 7Q' 1' 28' 57" 557' 13' 51" W 37. 0?'
WONG ENGINEERS, INC. EXHIBIT " B"
Q '
PLANNING ENGINEERtNG SURVEYING
p p,T OF DEDICAl10N FOR 22' 4578 FEATHER RIVER DRIVE SUITE A iMDENING OF MqCINLEY AVENUE
STOCKTON, CAUFORNIA ( 209} 476- 0011 10' PUBLIC UT1UlY EASEMENT FEBRUARY 24, 2021 SHEET 3 OF 3 318

ATTACHMENT
wE

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRNE
LATHROP, CA 95330
Exemptfrom payment ofrecording fees( GC 27383)
SPACE ABOVE T} IIS LINE FOR RECORDER' S U5E
Offer of Dedication
for Public Utility Easement
McKinley Avenue ( APN 198- 060- 19)
THIS INSTRUMENT BENEFITS THE CITY ONLY. NO FEE REQUIRED.

THE UNDERSIGNED GRANTOR( S} DECLARE( S): DOCUMENTARY TRANSFER TAX IS$ 0. 00 RBTC Trensfer to Government Aqencv computed on fuli value of property conveyed, or
computed on full value less Iiens and encumbrences remaining at time of sale.

Unincorporated area ( X) City of Lathrop
For a valuable consideration, receipt of which is hereby acknowledged, Sunrise Trucking Inc., a California corporation, legal landowner" Grantor( s)^, hereby grants to CITY OF LATNROP, a California municipal corporation" Grantee", a public utility easement for public purposes over all that real property in City of Lathrop, San Joaquin County, State of California, described as:

See attached Exhibit" A" and Exhibit" B" attached hereto and made a part hereofl** In witness whereof the undersigned have executed this instrument on this day of, Z0 Grantor( s): LANDOWNER
c--"`'+
t
By: c icc
Sunris Tr king Inc., a California corporation
Name: Sukhchain Singh Gill
Title: President
319
Call bn ta Aii-Purpo CerEi cate ofAcfo owiedgmsnt
A notary pub6c or othx oifxxr canpietinp this certificate verifiss oMy Nie ideMkyr of tl e kdi+ridual who signed the documerrt to which this certiticate is attachsd, and not ri e Uvthfuk ess. socuracy, or vand y ofthat documerrt. tate of California
County of San Joaquin a.s.
p Z, 2..'S fp me Mandeep Bhuller, Notary Public
Neme of Notary PubGc THk
personally appeared 1 c.h.w, 7 4 h `.

Name oi Signer( 1)
Name af Signer( 2)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) islare subscribed to the within instrurr ent and acknowledged to me that he/she/ they executed the same in his/t eNtheir authorized capaaty(ies), and that by hislher/their signature(s) on the instrument the person(s), or the enfity upon behaif of which the person(s) acted, executed the instrumerrt.

I oertify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph is trve and correct.

U
f,;.F:.,
WITNESS my ha nd offici seai.

SAN JOAQ
FawN COMM. EXPIR
S
Sig afure f Notary PuWic
OPTlONAL INFORMATlON
Although the information in this section is not required by law, it coi id prevent fraudcrlent removal and reatt fhis acknowledgment ta an emauthonzed document and may prove useful to persnns relying on the attache Description of Attached Document l . _
The precsdir Certificate of Acknov ledgment is attad ed to a Ntethod of Si ner lde ti6catlon doaar ent fitled/ for the purpose of Pro,red to me on a, e bes s as fsaory ev denee:
fam(a) ot idenN ation cxe bb wNr ess(es
COrtt ning pegeS, end deted Not l event is detaitea not y jour l on:

The signer(s) capacily of auUwriiy is/ are as:

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Corpo ate o( r{ s) ou er
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J 2009- 2015 Notary Learrnng Cent2r All Rights Resu ied You can purchase r.op 320
Wong Engineers, Inc.

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4578 Feather River Drive. Suite A Zachary C, won P. E., P.. s.

Stoc[cton Califomia 95218
Phone{ 209) 4T6- 0091
FEBRUARY 24, 2021
DESCRlPTt4N OF DEOiCATION FOR
10- FOOT- WIDE PUBL[ C UTILITY EASEMENT OF MCKINLEY AVENUE A PORTI4N OF EAST ONE HALF OF SECTION 26, TOWNSHIP 1 SDUTH, RANGE 6