Agenda packet — Lathrop City Council, June 12, 2023 (part 1 of 4)

June 12, 2023 - City Council Regular Meeting - 7: 00 p. m. w Aatlhirap, f :e
City Council Chamber
390 Towne Centre Drive
Lathrop, California
209) 941- 7200
www. ci. lathrop. ca. us
City Council
Sonny Dhaliwal, Mayor
Paul Akinjo, Vice Mayor
Minnie Diallo
Diane Lazard
Jennifer Torres - O' Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Juliana Burns, Human Resources Director
Rick Caguiat, Community Development
Director
Todd Sebastian, Parks, Recreation and
Maintenance Services Director
Raymond Bechler, Chief of Police
General Order of Business

1. Preliminary
Call to Order
Closed Session
Roll Call
Invocation
Pledge of Allegiance
Announcements by Mayor/ City Mgr.

Informational Items
Declaration of Conflict of Interest

2. Presentations

3. Citizen' s Forum

4. Consent Calendar

5. Scheduled Items
Public Hearings
Appeals
Referrals and Reports from
Commissions and Committees
All Other Staff Reports and/ or Action
Items
Study Sessions

6. Council Communications

7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.

Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.

June 12, 2023 — Regular Meeting Agenda — 7: 00 p. m.
416 I. Printed on Recycled Paper See Reverse
1 IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
httl2s:// www. zoomciov. com/ i/ 1601485151? pwd= bmSDRXdSYWSvR OM4YkNCTWhTUkpMQT09
i- During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please " raise the hand" feature to inform the City Clerk ( meeting host) you wish to speak on the matter.

Please ensure your computer speaker and microphone are fully functional.

For audio / calling in only, dial: + 1 ( 669) 254- 5252 or + 1 ( 669) 216- 1590 o To request to speak ( same as the " raise hand" feature) press * 9 / When the City Clerk calls your name, press * 6 to unmute.
i- Meeting Webinar ID: 160 148 5151 / Passcode: 149014
If you are not able to attend the meeting in person or virtually - Public comment/ questions will be accepted by email to City Clerk Teresa Vargas at website ccoCa) ci. lath rop. ca. us or by calling ( 209) 941- 7230 Questions or comments must be submitted by 4: 00 p. m., on the day of the meeting. i- To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.

Council Meetings are live -streamed ( with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https:// www. ci. lathrop. ca. us/ citycouncil/ page/ live- stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker ( see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

June 12, 2023 Lathrop City Council Regular Meeting Agenda Page 1 2 Citizen' s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen' s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen' s Forum, or submit your request to speak via the " raise hand" feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen' s Forum will be called upon to speak.

Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation ( see instructions on speaker form) and each speaker may only speak once on this agenda item.

Please note, the Council Chamber has limited occupancy due to social distancing.

To leave a voice message for all Councilmembers simultaneously, dial ( 209) 941- 7230. To send an e- mail for Councilmembers simultaneously email: citycounciI( a) ci. lath rop. ca. us. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https:// www. ci. lathrop. ca. us/ meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk' s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the Lathrop - Manteca Fire District " Y' Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City' s website.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/ or accommodations to this meeting. [ 28 CFR 35. 102- 35. 104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at ( 209) 941- 7230. Information about the City or items scheduled on the Agenda may be referred to:

Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: ( 209) 941- 7230
June 12, 2023 Lathrop City Council Regular Meeting Agenda Page 2 3 CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 12, 2023
7: 00 P. M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be no Closed Session. The Regular Meeting will begin at 7: 00 p. m.

1. PRELIMINARY

1. 1 CALL TO ORDER

1. 2 ROLL CALL

1. 3 INVOCATION

1. 4 PLEDGE OF ALLEGIANCE

1. 5 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER

1. 6 INFORMATIONAL ITEM( S) - NONE

1. 7 DECLARATION OF CONFLICT( S) OF INTEREST

2. PRESENTATIONS

2. 1 RECOGNITION OF LATHROP HIGH SCHOOL PRINCIPAL GREG LELAND FOR 38 YEARS OF SERVICE AS A DEVOTED EDUCATOR AND SCHOOL

ADMINISTRATOR

2. 2 RECOGNITION OF BENNIE GATTO FOR 34 YEARS OF EXCEPTIONAL

PUBLIC SERVICE TO THE CITY OF LATHROP COMMUNITY

2. 3 PROCLAMATION DECLARING JUNE 2023 AS PRIDE MONTH

2. 4 PROCLAMATION DECLARING JUNE 19, 2023 AS CELEBRATION OF

JUNETEENTH NATIONAL FREEDOM DAY

2. 5 PRESENTATION REGARDING UTILITY PAYMENT LATE FEES AND WATER

SERVICE DISCONNECT/ RECONNECT FEES
June 12, 2023 Lathrop City Council Regular Meeting Agenda Page 3 4 3. CITIZEN' S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen' s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen' s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen' s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly ( no more than five ( 5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. ( See California Government Code Section 54954. 2( a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE

MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!

4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.

4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember

4. 2 APPROVAL OF MINUTES
Approve Minutes for the Regular Council Meeting of April 10, 2023, and Consolidated Meeting of May 8, 2023

4. 3 AWARD AGREEMENT TO THE MANTECA BULLETIN FOR PUBLICATION OF

LEGAL ADVERTISEMENTS
Adopt Resolution Awarding Agreement to the Manteca Bulletin for Publication of Legal Advertisements for the Period of July 1, 2023 through June 30, 2024

4. 4 AWARD CONSTRUCTION CONTRACT TO D. L. FALK CONSTRUCTION, INC. FOR THE LATHROP POLICE DEPARTMENT PROPERTY AND
EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORPORATION

YARD IMPROVEMENTS
Adopt Resolution Awarding a Construction Contract to D. L. Falk Construction, Inc. for the Lathrop Police Department Property and Evidence Building Associated with CIP GG 21- 13 Corporation Yard Improvements
June 12, 2023 Lathrop City Council Regular Meeting Agenda Page 4 5 4. 5 AWARD CONSTRUCTION CONTRACT TO STOCKBRIDGE GENERAL CONTRACTING, INC. FOR SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE BUDGET AMENDMENT
Adopt Resolution Awarding a Construction Contract to Stockbridge General Contracting, Inc. for the Shilling Avenue Basin Park, CIP PK 22- 34 and Approve Budget Amendment

4. 6 DECLARE END OF DROUGHT EMERGENCY AND DISCONTINUE LEVEL 2

WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP

WATER SHORTAGE CONTINGENCY PLAN
Adopt Resolution Declaring the End of the Drought Emergency and Discontinuation Level 2 Water Shortage Response Actions of the City of Lathrop Water Shortage Contingency Plan

4. 7 AUTHORIZE ACCEPTANCE OF CALAPP GRANT FUND AWARD FROM THE

CALIFORNIA ENERGY COMMISSION FOR THE HARDWARE, TRAINING, AND IMPLEMENTATION OF SOLARAPP+
Adopt Resolution Authorizing the Acceptance of CalAPP Grant Fund Award from the California Energy Commission for the Hardware, Training and Implementation of SolarAPP+ for the Building Department

4. 8 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY A. TEICHERT & SON, INC., DBA TEICHERT CONSTRUCTION FOR RECYCLED WATER RIVER DISCHARGE, CIP WW 20- 17
Adopt Resolution Accepting Public Improvements Constructed by A.

Teichert & Son, Inc., dba Teichert Construction for Recycled Water River Discharge, CIP WW 20- 17, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds

4. 9 APPROVE OUT- OF- STATE TRAVEL FOR CITY STAFF TO PARTICIPATE IN THE IAMC FALL FORUM IN SEPTEMBER 2023
Adopt Resolution Authorizing Out -of -State Travel for the Economic Development Administrator to Attend and Represent the City of Lathrop at the Industrial Asset Management Council' s Fall Forum in Boise, Idaho from September 7, 2023 through September 12, 2023

4. 10 APPROVE FACILITY FEE WAIVER REQUEST FROM UNITED

BACARRENEOS OF AMERICA
Adopt Resolution Approving the Facility Fee Waiver Request from United Bacarreneos of America for a Celebration of the City Sister Relationship Established April 15, 2003, and Use of the Scott Brooks Gymnasium on July 22, 2023
June 12, 2023 Lathrop City Council Regular Meeting Agenda Page 5 6 4. 11 APPROVE AGREEMENT TO ADOPT ALTERNATIVE METHOD OF MEETING

REQUIREMENTS OF DEVELOPMENT AGREEMENT WITH SOUTH LATHROP

LAND, LLC FOR THE SOUTH LATHROP COMMERCE CENTER
Adopt Resolution Approving Agreement to Adopt Alternative Method of Meeting Requirements of Section 7. 04. 7. 1 of the Development Agreement with South Lathrop Land, LLC for the South Lathrop Commerce Center

4. 12 APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR

FEDERAL FUNDING TOWARD LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02
Adopt Resolution Approving Program Supplement Agreement with Caltrans for Federal Funding Towards Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15- 02 and Authorize the City Manager to Execute the Agreement

4. 13 APPROVE CONTRACT CHANGE ORDER NO. 1 WITH TIM PAXIN' S PACIFIC EXCAVATION INC. DBA PACIFIC EXCAVATION FOR THE FIBER OPTIC

SPLICING AND TERMINATIONS INTO THE TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01
Adopt Resolution Approving Contract Change Order No. 1 with Tim Paxin' s Pacific Excavation Inc. dba Pacific Excavation for the Fiber Optic Splicing and Terminations into the Traffic Signal Network Cabinets, CIP PS 23- 01

4. 14 APPROVE THE PRELIMINARY ENGINEER' S REPORT AND DECLARING INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023- 24 FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 93- 1

WOODFIELD PARK)
Adopt Resolution Approving the Preliminary Engineer' s Report for Landscape and Lighting Maintenance District No. 93- 1 ( Woodfield Park) and Declaring Intention to Levy Annual Assessments for Fiscal Year 2023- 24

RIVER ISLANDS DEVELOPMENT CONSENT ITEM( S)

4. 15 APPROVE QUITCLAIM DEED TO TRANSFER OPEN SPACE PARCEL ( APN 210- 590- 04) TO ISLAND RECLAMATION DISTRICT NO. 2062
Adopt Resolution Approving a Quitclaim Deed to Transfer an Open Space APN 210- 590- 04) to Island Reclamation District No. 2062

4. 16 ACCEPT PUBLIC IMPROVEMENTS FROM RIVER ISLANDS DEVELOPMENT, LLC FOR VILLAGE " U", TRACTS 3989 AND 3990
Adopt Resolution Accepting Public Improvements from River Islands Development, LLC for Village " U", Tracts 3989 and 3990 June 12, 2023 Lathrop City Council Regular Meeting Agenda Page 6 7 S. SCHEDULED ITEMS

5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO FORM COMMUNITY FACILITIES DISTRICT 2023- 1 ( RIVER ISLANDS PUBLIC SERVICES AND FACILITIES # 2)
Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt Resolution of Formation of the Community Facilities District 2023- 1 ( River Islands Public Services and Facilities 2);

3. Adopt Resolution Calling Special Election for the Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities # 2);

4. Adopt Resolution Declaring Results of Special Election and Direct Recording of Notice of Special Tax Lien for the
Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities # 2); and

5. Introduce Ordinance Levying Special Taxes Within Community Facilities District No. 2013- 1 ( River Islands Public Services and Facilities # 2)

5. 2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2023- 24 ASSESSMENTS FOR LATHROP INDUSTRIAL LIGHTING
MAINTENANCE DISTRICT; RESIDENTIAL LIGHTING MAINTENANCE
DISTRICT; MOSSDALE LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT; STORM DRAIN ZONE 1 AND 1A
Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt Resolution Amending and/ or Approving the Final Engineer' s Report and Ordering the Levy and Collection of Assessments for the City of Lathrop Industrial Lighting Maintenance District for FY 2023- 24; Maximum Assessment for Fiscal Year 2023- 24 not to exceed Zone A $ 8. 59; Zone B

43. 79; Zone C $ 8. 59; and Proposed Annual Assessment for Fiscal Year 2023- 24 Zone A $ 8. 59; Zone B $ 43. 79; Zone C

8. 59;

3. Adopt Resolution Amending and/ or Approving the Final Engineer' s Report and Ordering the Levy and Collection of Assessments for the City of Lathrop Residential Lighting Maintenance District for FY 2023- 24; Maximum Assessment for Fiscal Year 2023- 24 not to exceed Zone A $ 49. 89; Zone B

53. 46; Zone C $ 35. 15; Zone D $ 65. 39; Zone E $ 68. 74; Zone F $ 39. 54; Zone G $ 9. 04, and Proposed Annual Assessment for Fiscal Year 2023- 24 Zone A $ 49. 89; Zone B $ 53. 46; Zone C

35. 15; Zone D $ 65. 39; Zone E $ 68. 74; Zone F $ 39. 54; Zone G $ 9. 04;
June 12, 2023 Lathrop City Council Regular Meeting Agenda Page 7 8 4. Adopt Resolution Amending and/ or Approving the Final Engineer' s Report and Ordering the Levy and Collection of Assessments for the Mossdale Landscape and Lighting
Maintenance District for FY 2023- 24; Maximum Assessment for Fiscal Year 2023- 24 not to exceed $ 310. 75 and Proposed Annual Assessment for Fiscal Year 2023- 24 $ 310. 75; and

5. Adopt Resolution Amending and/ or Approving the Final Engineer' s Report and Ordering the Levy and Collection of Assessments for the Storm Drain Zone 1 and Zone 1A for
Fiscal Year 2023- 24; Proposed Annual Assessment for Fiscal Year 2023- 24 for Storm Drain Zone 1 not to exceed $ 112. 52 and Proposed Annual Assessment for Fiscal Year 2023- 24 for Storm Drain Zone 1A not to exceed $ 199. 92

5. 3 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2023- 24 ASSESSMENTS FOR THE STONEBRIDGE LANDSCAPING
DISTRICT; AND THE STONEBRIDGE DRAINAGE & LIGHTING

MAINTENANCE DISTRICT
Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt Resolution Amending and/ or Approving the Final Engineer' s Report and Ordering the Levy and Collection of Assessments for the Stonebridge Landscaping District for FY 2023- 24; Maximum Assessment for Fiscal Year 2023- 24 not to exceed $ 507. 95 and Proposed Annual Assessment for Fiscal Year 2023- 24 is $ 426. 05

3. Adopt Resolution Amending and/ or Approving the Final Engineer' s Report and Ordering the Levy and Collection of Assessments for the Stonebridge Drainage & Lighting District for FY 2023- 24; Maximum Assessment for Fiscal Year 2023- 24 not to exceed $ 507. 95 and Proposed Annual Assessment for Fiscal Year 2023- 24 is $ 315. 25

5. 4 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER A RESOLUTION

TO ADOPT THE CITY OF LATHROP BIENNIAL CAPITAL IMPROVEMENT PLAN BUDGET FOR FISCAL YEARS 2023- 2024 and 2024- 2025
City Council to Consider the Following:

1. Hold a Public Hearing; and

2. Consider a Resolution to Adopt the City of Lathrop Biennial Capital Improvement Plan Budget for Fiscal Years 2023- 2024 and 2024- 2025

6. COUNCIL COMMUNICATIONS

6. 1 MAYOR DHALIWAL REFERRAL - Appointment of Two ( 2) of Members to the Planning Commission, with Term Ending June 30, 2027 Four ( 4) Applications Received / Two ( 2) Vacancies Available June 12, 2023 Lathrop City Council Regular Meeting Agenda Page 8 9 6. 2 MAYOR DHALIWAL REFERRAL - Appointment of One ( 1) Member to the Parks and Recreation Commission, with Term Ending June 30, 2026 One ( 1) Application Received / One ( 1) Vacancy Available

6. 3 MAYOR DHALIWAL REFERRAL - Appointment of Three ( 3) Members to the Youth Advisory Commission, with Term Ending May 31, 2024 Five ( 5) Applications Received / Three ( 3) Vacancies Available

6. 4 MAYOR DHALIWAL REFERRAL - Appointment of One ( 1) Representative to the San Joaquin County Commission on Aging with Term Ending June 30, 2026
One ( 1) Application Received / One ( 1) Vacancy Available

6. 5 MAYOR DHALIWAL REFERRAL - Discussion on Historic Lathrop Beautification Options

6. 6 COUNCILMEMBER DIALLO REFERRAL: Discussion Regarding Artist No Longer Have To Pay $ 35 Fee For Business License As They Don' t Sell Anything

6. 7 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Central Valley Executive Committee/ LOCC ( Akinjo/ Diallo) Council of Governments ( Lazard/ Diallo)
Integrated Waste Management Solid Waste Division ( Akinjo/ TorresO' Callaghan) Reclamation District 17 Joint Powers Authority (Salvatore) San Joaquin Partnership Board of Directors ( Salvatore) San Joaquin County Commission on Aging ( Unexpired Vacancy) San Joaquin Valley Air Pollution Control District ( Akinjo/ Dhaliwal) Water Advisory Board ( Torres- O' Callaghan/ Lazard)
Tri Valley -San Joaquin Valley Regional Rail Authority ( Akinjo) San Joaquin Area Flood Control Agency ( Akinjo & Lazard) LAFCo ( Diallo)

6. 8 MAYOR & COUNCILMEMBER COMMENT( S)

7. ADJOURNMENT
Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
June 12, 2023 Lathrop City Council Regular Meeting Agenda Page 9 10 ITEM 4. 2

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MOND", APRIL 10, 2023
7: 00 P. M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330

MINUTES
PLEASE NOTE- There was no Closed Session. The Regular Meeting commenced at 7.05 p. m.

1. PRELIMINARY

1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 7: 05 P. M.

1. 2 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Akinjo; and Councilmembers: Diallo, Lazard
and Torres -O' Callaghan

Absent: None

1. 3 INVOCATION - Mayor Dhaliwal held a moment of silence honoring the victims of the Old National Bank shooting in Louisville, Kentucky.

1. 4 PLEDGE OF ALLEGIANCE - Councilmember Torres - O' Callaghan led the pledge of allegiance.

1. 5 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Manager Stephen Salvatore provided an overview of the San Joaquin County river and snowmelt levels. Mayor Dhaliwal announced Councilmember Torres- O' Callaghan' s birthday.

1. 6 INFORMATIONAL ITEM( S) - NONE

1. 7 DECLARATION OF CONFLICTS) OF INTEREST
Councilmember Lazard declared conflict of interest with Items 4. 21 and

4. 22, due to her employment with Dell' Osso Farms. Councilmember Diallo declared conflict of interest with Item 4. 9, as a member of the Juneteenth Committee, and Items 4. 21 through 4. 22, due to an agreement with the River Islands Development.

April 10, 2023 Lathrop City Council Regular Meeting Minutes Page 1 11 2. PRESENTATIONS

2. 1 CERTIFICATE OF RECOGNITION TO THE LATHROP HIGH SCHOOL

GIRLS BASKETBALL TEAM
Mayor Dhaliwal, on behalf of the City Council, presented Certificates of Recognition to the Lathrop High School Girls Basketball Team and Coaches for their outstanding athletic season and finishing 1st in the Western Athletic Conference League for the 2022- 2023 season.

2. 2 RECOGNITION OF MARK MEISSNER, DIRECTOR OF COMMUNITY DEVELOPMENT, FOR OVER 33 YEARS OF PUBLIC SERVICE
City Manager Stephen Salvatore announced the retirement of Director of Community Development Mark Meissner effective May 4, 2023, and provided an overview of career accomplishments during with tenure with the City of Lathrop. Councilmembers thanked Mr. Meissner for his contributions to the Lathrop community. Mr. Meissner provided a farewell speech and expressed appreciation to Councilmembers and staff.

2. 3 INTRODUCTION OF NEW EMPLOYEES:

Parks, Recreation and Maintenance Services Director introduced new employees assigned to the Parks, Recreation and Maintenance Services Department: Maintenance Services Supervisor Frank Rivera, Maintenance Worker Austin Fox, Sr. Recreation Leader Andrea Brown, and Sr. Recreation Leader Harpreet Banwait. Assistant City Manager Michael King introduced new employee assigned to the Public Works Department: Maintenance Worker Gilbert Gaeta. Police Chief Raymond Bechler introduced new employees assigned to the Police Department:

Police Officer Aaron Vanlue, and Police Officer Taylor Dominguez.

2. 4 QUARTERLY ECONOMIC DEVELOPMENT PRESENTATION
Economic Development Administrator Shelley Burcham provided the presentation covering economic development activity from January 2023 to March 2023.

3. CITIZEN' S FORUM
Jim Hilson ( in person speaker) expressed concern with actions displayed at the last public meeting, encouraged harmonious working relationships.

April 10, 2023 Lathrop City Council Regular Meeting Minutes Page 2 12 4. CONSENT CALENDAR
Due to conflict of interest with Item 4. 9, declared under Item 1. 7, Council consensus provided direction to move Item 4. 9, before the consideration of Item 4. 1 through 4. 20. The resolution numbers reflect the change in Council direction.

Councilmember Diallo stepped down from the dais at 7: 57 p. m., before the consideration of Item 4. 9
On a motion by Councilmember Torres -O' Callaghan, seconded by Councilmember Lazard, the City Council approved Item 4. 9, by the following roll call vote:

Ayes: Akinjo, Lazard,
Noes: None

Absent: None
Abstain: Diallo
Torres - O' Callaghan, and Dhaliwal
Councilmember Diallo returned to the dais at 8: 04 p. m., for the consideration of the remainder of the Consent Calendar.

On a motion by Vice Mayor Akinjo, seconded by Councilmember Torres - O' Callaghan, the City Council approved the Consent Calendar, Items 4. 1 through 4. 20, except Item 4. 9, by the following roll call vote:

Ayes: Akinjo, Diallo, Lazard, Torres - O' Callaghan, and Dhaliwal Noes: None

Absent: None
Abstain: None

4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.

4. 2 APPROVAL OF MINUTES
Approved Minutes for the Special Council Meeting of January 23, 2023, and Regular Meeting of February 13, 2023.

4. 3 SECOND READING AND ADOPTION OF ORDINANCE 23- 444 OF THE CITY

COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP
MUNICIPAL CODE TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10. 08 SPEED LIMITS SECTION 10. 08. 030 " SPEED LIMITS"
April 10, 2023 Lathrop City Council Regular Meeting Minutes Page 3 13 Waived full reading and adopted Ordinance 23- 444 amending Lathrop Municipal Code Title 10 " Vehicles and Traffic", Chapter 10. 08 ' Speed Limits Section", 10. 08. 030 " Speed Limits."

4. 4 ACCEPTANCE OF THE CITY OF LATHROP ANNUAL COMPREHENSIVE FINANCIAL REPORT ( ACFR) FOR THE FISCAL YEAR ENDING JUNE 30, 2022
Adopted Resolution 23- 5244 accepting the City of Lathrop Annual Comprehensive Financial Report ( ACFR) for the Fiscal Year Ending June 30, 2022.

4. 5 APPROVE MEMORANDUM OF UNDERSTANDING WITH LATHROP POLICE

OFFICERS ASSOCIATION, ADOPT A BENEFIT PLAN FOR THE

UNREPRESENTED CLASSIFICATIONS OF COMMANDER AND

LIEUTENANT, AND ADOPT A RECRUITMENT INCENTIVE PLAN FOR

SWORN CLASSIFICATIONS
Adopted Resolution 23- 5245 approving a Memorandum of
Understanding ( MOU) with the Lathrop Police Officers Association LPOA), adopting a benefit plan for the unrepresented Commander and Lieutenant Classifications, and adopting a recruitment incentive plan.

4. 6 APPROVE OF OUT- OF- STATE TRAVEL FOR ONE ( 1) LATHROP POLICE

DEPARTMENT SERGEANT TO ATTEND CANINE PROGRAM MANAGEMENT COURSE IN MAY 2023
Adopted Resolution 23- 5246 approving out- of- state travel for one ( 1) Lathrop Police Department Sergeant to attend the Canine Program Management Course in South Lake Tahoe, Nevada from May 2, 2023 to May 4, 2023.

4. 7 APPROVE AMENDMENT NO. 2 WITH ROBERT HALF INTERNATIONAL, INC. TO PROVIDE PROFESSIONAL SERVICES IN THE BUILDING

DEPARTMENT FOR THE ENERGOV IMPLEMENTATION
Adopted Resolution 23- 5247 approving Amendment No. 2 with Robert Half International, Inc., to provide professional services in the Building Department for the Energov implementation project.

4. 8 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON APRIL 20, 2023 THROUGH APRIL 23, 2023
April 10, 2023 Lathrop City Council Regular Meeting Minutes Page 4 14 Adopted Resolution 23- 5248 approving Professional Services Agreement with Butler Amusement, Inc. to provide law enforcement services for their annual carnival event on April 20, 2023 through April 23, 2023.

4. 9 APPROVE COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY

OF LATHROP AND THE JUNETEENTH COMMITTEE TO COMMEMORATE

THE JUNETEENTH NATIONAL INDEPENDENCE DAY FEDERAL HOLIDAY Due to conflict of interest with Item 4. 9, declared under Item 1. 7, Council consensus provided direction to move Item 4. 9, before the consideration of Item 4. 1 through 4. 20. The resolution numbers reflect the change in Council direction.

Jose Garcia Martin ( in person speaker) expressed support for the item.

Adopted Resolution 23- 5243 approving a Community Partnership Agreement between the City of Lathrop and the Juneteenth Committee to commemorate the Juneteenth National Independence Day Federal Holiday.

4. 10 APPROVE FISCAL YEAR 2023- 24 PROJECT LIST ASSOCIATED WITH SENATE BILL 1
Adopted Resolution 23- 5249 approving a list of projects for Fiscal Year 2023- 24, funded by Senate Bill 1, the Road Repair and Accountability Act of 2017.

4. 11 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSONBRYAN, INC., FOR THE CITY' S INDUSTRIAL PRETREATMENT PROGRAM Adopted Resolution 23- 5250 approving a Professional Services Agreement with Robertson -Bryan, Inc., for the City' s Industrial Pretreatment Program.

4. 12 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FGL

ENVIRONMENTAL FOR WATER QUALITY LABORATORY SERVICES FOR

THE CITY' S DRINKING WATER PROGRAM AND CTF WASTEWATER

PERMIT COMPLIANCE
Adopted Resolution 23- 5251 approving a Professional Services Agreement with FGL Environmental for water quality laboratory testing services for the City of Lathrop' s Drinking Water Program and Consolidated Treatment Facility Wastewater Permit Compliance.

April 10, 2023 Lathrop City Council Regular Meeting Minutes Page 5 15 4. 13 APPROVE CONTRACT CHANGE ORDER NO. 3 AND NO. 4 WITH CUSHMAN

CONTRACTING CORPORATION FOR THE CTF DECHLORINATION
FACILITY OF SURFACE WATER DISCHARGE, CIP WW 20- 17 AND

APPROVE BUDGET AMENDMENT
Adopted Resolution 23- 5252 approving Contract Change Order No. 3 and No. 4 with Cushman Contracting Corporation for the CTF Dechlorination Facility of surface water discharge, CIP WW 20- 17, and approving budget amendment.

4. 14 APPROVE PURCHASE FROM ZIMA CORPORATION FOR HEADWORKS EQUIPMENT FOR THE CONSOLIDATED TREATMENT FACILITY PHASE 3 EXPANSION, CIP WW 22- 38 AND APPROVE BUDGET AMENDMENT
Adopted Resolution 23- 5253 approving a purchase from Zima Corporation for headworks equipment for the Consolidated Treatment Facility, phase 3 expansion, CIP WW 22- 38, and approving budget amendment.

4. 15 RATIFY SAN JOAQUIN COUNCIL OF GOVERNMENTS' ANNUAL FINANCIAL PLAN
Adopted Resolution 23- 5254 ratifying the San Joaquin Council of Governments ( SJCOG) Annual Financial Plan for FY 2023- 24.

4. 16 RATIFY CITY MANAGER' S EXECUTION OF A CONSTRUCTION CONTRACT

WITH NOR -CAL CONCRETE COMPANY FOR TEMPORARY ANIMAL
SHELTER CONCRETE, CIP GG 23- 06 AND APPROVE BUDGET

AMENDMENT
Adopted Resolution 23- 5255 ratifying City Manager' s execution of a construction contract with Nor -Cal Concrete Company for the Temporary Animal Shelter Concrete, CIP GG 23- 06 and approving budget amendment.

4. 17 RATIFY CITY MANAGER' S SIGNATURE AND APPROVE OPTION AND

TOWER LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF

CITY OWNED TOWER
Adopted Resolution 23- 5256 ratifying City Manager' s signature and approving option and tower lease agreement with Verizon Wireless for use of City tower.

4. 18 RATIFY THE PURCHASE OF CAMERA SURVEILLANCE SYSTEMS FOR MAJOR CITY PARKS, CIP GG 22- 35
April 10, 2023 Lathrop City Council Regular Meeting Minutes Page 6 16 Adopted Resolution 23- 5257 ratifying a service contract with ICU Technologies, Inc. and approve purchase of hardware and services for network infrastructure from Various Vendors for major City parks, CIP 22- 35.

4. 19 CREATE CIP PS 23- 18 FOR MCKINLEY AVENUE PAVEMENT

REHABILITATION, AND APPROVE BUDGET AMENDMENT
Adopted Resolution 23- 5258 creating CIP PS 23- 18 for McKinley Avenue pavement rehabilitation and approving budget amendment.

4. 20 GRAND JURY REPORT RESPONSE UPDATE
Directed the City Attorney to submit a letter to the Presiding Judge of the San Joaquin County Superior Court responding with an update to the findings and recommendations of the Grand Jury report on cybersecurity.

RIVER ISLANDS DEVELOPMENT CONSENT ITEM( S)
Councilmember Lazard and Councilmember Diallo recused themselves at 8: 06 p. m., following the vote of the consent calendar, prior to the vote of Item 4. 20, due to declared conflict of interested as noted on Item 1. 7.

On a motion by Mayor Dhaliwal, seconded by Councilmember Torres - O' Callaghan, the City Council approved Items 4. 21 and 4. 22, by the following roll call vote, unless otherwise indicated:

Ayes: Akinjo, Torres - O' Callaghan and Dhaliwal
Noes: None

Absent: None
Abstain: Diallo and Lazard

4. 21 AUTHORIZE THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2023- 1 ( RIVER ISLANDS PUBLIC SERVICES AND FACILITIES # 2) Adopted Resolution 23- 5259 of intention to establish City of Lathrop Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities # 2) and a future annexation area to finance public services and facilities.

4. 22 ACCEPT PUBLIC IMPROVEMENTS FROM RIVER ISLANDS DEVELOPMENT, LLC FOR TRACTS 3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060, 4111, AND ACCEPT RIVER ISLANDS PARKWAY WITH

ASSOCIATED CONDITION
April 10, 2023 Lathrop City Council Regular Meeting Minutes Page 7 17 Adopted Resolution 23- 5260 to approve public improvements from River Islands Development, LLC for Tracts 3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060, 4111, and approve River Islands Parkway with associated condition.

Councilmember Lazard and Councilmember Diallo returned to the dais at 8: 08 p.m.

S. SCHEDULED ITEMS

5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER MUNICIPAL CODE AMENDMENT TO ( 1) ADOPT AN ORDINANCE TO ADD CHAPTER

17. 78 HOTEL LIMITATIONS AND MODIFY SECTION 17. 62. 072 OF THE

CENTRAL LATHROP COMMERCIAL OFFICE ZONING DISTRICT OF THE LATHROP MUNICIPAL CODE; ( 2) ADOPT A RESOLUTION AMENDING THE

PERMITTED AND CONDITIONAL LAND USE LIST FOR MOSSDALE

LANDING, MOSSDALE LANDING EAST, AND MOSSDALE LANDING

SOUTH URBAN DESIGN CONCEPTS TO REGULATE AND LIMIT HOTEL

DEVELOPMENT IN THE CENTRAL LATHROP SPECIFIC PLAN AND
MOSSDALE VILLAGE ( TA- 23- 32)
Assistant Community Development Director Rick Caguiat provided the presentation. A question and answer period followed. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.

On a motion by Councilmember Lazard, seconded by Mayor Dhaliwal, the City Council considered the following:

1. Held a public hearing; and

2. Waived first reading in full and introduced an ordinance to add Chapter 17. 78 " Hotel Limitations" and modified Section

17. 62. 072 of the Central Lathrop Commercial Office Zoning District of the Lathrop Municipal Code; and

3. Adopted Resolution 23- 5261 amending the permitted and conditional land use list for Mossdale Landing, Mossdale Landing East, and Mossdale Landing South urban design concepts to regulate and limit hotel development in the Central Lathrop Specific Plan and Mossdale Village.

Ayes: Akinjo, Lazard, Torres - O' Callaghan and Dhaliwal Noes: Diallo

Absent: None
Abstain: None

5. 2 RECEIVE UPDATE FOR AQUIFER STORAGE AND RECOVERY, APPROVE AMENDMENT NO. 1 WITH CAROLLO ENGINEERS, INC. CIP PW 22- 36

AND APPROVE BUDGET AMENDMENT
April 10, 2023 Lathrop City Council Regular Meeting Minutes Page 8 18 C
Assistant City Manager Michael King introduced City Consultant Justin Peterson, PE, Project Manager and Associate Vice President, with Carollo Engineers. Mr. Peterson provided the presentation. A question and answer period ensued throughout the presentation. Assistant City Manager Michael King and City Manager Stephen Salvatore provided additional information on the matter.

Paul Camarena ( in person speaker) requested information regarding the planned water capacity of the stored wells. Christina Laughlin ( zoom speaker) requested information on the annual maintenance costs and potential water contamination as a result of flooding.

On a motion by Mayor Dhaliwal, seconded by Councilmember Diallo, the City Council approved adopted Resolution 23- 5262 approving amendment no. 1 with Carollo Engineers, Inc. for the aquifer storage and recovery, CIP PW 22- 36 and approving budget amendment.

Ayes: Akinjo, Diallo, Lazard, Torres -O' Callaghan and Dhaliwal Noes: None

Absent: None
Abstain: None
CEQA STATUS: Staff has determined the CEQA status for the project to date as exempt according to California Environmental Quality Act Article 18 § 15262, " Feasibility and Planning Studies"

COUNCIL COMMUNICATIONS

6. 1 MAYOR DHALIWAL REFERRAL: Set Application Deadline for Appointment of One ( 1) Representative to the San Joaquin County Commission on Aging with Existing Term Ending June 30, 2023, in addition to a Full Three ( 3) Year Term Ending June 30, 2026, due to Unexpired Term Vacancy

6. 2
City Council consensus directed the City Clerk to set the application deadline to May 1, 2023, with appointment during the May City Council Regular Meeting.

MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
No reports provided.

April 10, 2023 Lathrop City Council Regular Meeting Minutes Page 9 19 6. 3 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Torres -O' Callaghan congratulated those students with upcoming graduations. Councilmember Diallo requested an update on Shilling Park, expressed concern with bicyclists not obeying traffic laws, and requested follow- up on a recent referral regarding the recruitment of the HR Director. Assistant City Manager Michael King provide information related to Shilling Park, and City Clerk Teresa Vargas announced the HR Director position was no longer vacant. Vice Mayor Akinjo provided information on recent SJAFCA meetings. Mayor Dhaliwal announced Councilmember Diallo' s appointment to a voting member of LAFCo, expressed concern with traffic violations in River Islands and Historical Lathrop, and wished Councilmember Torres -O' Callaghan a happy birthday.

7. ADJOURNMENT — There being no further business, Mayor Dhaliwal adjourned the meeting at 9: 03 p. m.
4erMesaVargLaks, M—MC
Government Services Director/
City Clerk
April 10, 2023 Lathrop City Council Regular Meeting Minutes Page 10 20 CITY OF LATHROP

LATHROP CITY COUNCIL REGULAR MEETING &

LATHROP FINANCING AUTHORITY BOARD OF DIRECTORS

SPECIAL MEETING
MONDAY, MAY 8, 2023
7: 00 P. M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330

CONSOLIDATED MINUTES
PLEASE NOTE: There was no Closed Session. The Regular Meeting commenced at 7: 03 a. m.

1. PRELIMINARY

1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 7: 03 p. m.

1. 2 ROLL CALL Present: Mayor Dhaliwal and Councilmembers Lazard and Torres - O' Callaghan.

Absent: Vice Mayor Akinjo and Councilmember Diallo.

Mayor Dhaliwal announced the absence of City Manager Stephen Salvatore, Vice Mayor Akinjo, and Councilmember Diallo, due to their participation at the 2023 One Voice Regional Advocacy Trip to Washington, D. C.

1. 3 INVOCATION - Pastor Nathanial Camarena, Abundant Life Center Church, provided the invocation.

1. 4 PLEDGE OF ALLEGIANCE - Pastor Camarena led the pledge of allegiance.

1. 5 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
Assistant City Manager Michael King announced the appointment of Rick Caguiat to Community Development Director.

1. 6 INFORMATIONAL ITEMS) - NONE

1. 7 DECLARATION OF CONFLICT( S) OF INTEREST -
No conflicts of interest declared.

May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 1 21 City Attorney Salvador Navarrete clarified that Councilmember Torres - O' Callaghan was not subject to a conflict of interest with Item 4. 29 Mossdale Landscape and Lighting Maintenance District), due to the general exception that allows elected officials that live in a large district to vote on matters of the general public, as their vote does not result in a direct personal benefit.

2. PRESENTATIONS

2. 1 MAYOR' S COMMITTEE REPORT( S)
Parks, Recreation & Maintenance Services Director Todd Sebastian provided a brief update on various past and upcoming committee events and programs.

Past Special Events
Provided an overview on the " Earth Day Recycling Event" held April 12, 2023, over 2, 500 lbs. of E- waste collected and 500 bags of recycled mulch provided to residents.

Upcoming Special Events
Provided an overview on various upcoming events: ' Mayor' s Art Show and Sale", scheduled for May 12, 2023; ' Memorial Day Ceremony", scheduled for May 29, 2023 at Valverde Park; Community Garage Sale", scheduled for May 13, 2023 at the Senior Center parking lot; " Movies in the Park", Friday nights starts June 2" d, movies start at dusk at the Generations Center; Concerts in the Park", Friday nights starts July 7th at the Generations Center; and the " July 1st Lathrop Celebration Event, at the Generations Center.

For more information or to register please visit the City' s website at www. ci. lathrop. ca. us/ parksrec, or call ( 209) 941- 7370.

3. CITIZEN' S FORUM
Gavin Cline ( in person speaker), Legislative Representative for Congress Member John Duarte, provided an overview of various legislative updated and activities for California' s 13th District.

Cesar Albano ( in person speaker), representing the United Bacarreneos of America, extended an invitation to the 20t" anniversary celebration of the City' s cultural relationship with sister -city Bacarra, Ilocos Norte, Philippines, and requested City Council approval for the City to participate in the event, scheduled on July 22, 2023. A question and answer period ensued, the City Council directed staff to bring back a fee waiver request at the next regular meeting.

May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 2 22 Arjun Kalwala and Anil Kumar Vadakapuran ( in person speakers) both expressed similar concerns related to additional school options to support the new development in Central Lathrop, and below standard school grades due to overcrowding at existing schools. Both residents stated they raised concerns with the MUSD Board of Directors, expressed frustration with lack of response.

The City Council directed staff to request a 2x2 meeting with MUSD representatives, and encouraged the residents to participate in the MUSD Board Meetings to continue conveying their concerns.

4. CONSENT CALENDAR
On a motion by Councilmember Torres - O' Callaghan, seconded by Councilmember Lazard, the City Council approved the Consent Calendar, by the following roll call vote, unless otherwise indicated:

Ayes: Lazard, Torres -O' Callaghan and Dhaliwal
Noes: None

Absent: Akinjo and Diallo
Abstain: None

4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of March 13, 2023.

4. 3 SECOND READING AND ADOPTION OF ORDINANCE 23- 445 OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 17 OF THE

LATHROP MUNICIPAL CODE TO LIMIT HOTEL DEVELOPMENT IN THE CENTRAL LATHROP SPECIFIC PLAN DEVELOPMENT AREA ( TA- 23- 32) Waived full reading and adopted Ordinance 23- 445 amending Title 17 of the Lathrop Municipal Code to limit hotel development in the Central Lathrop Specific Plan Development Area ( TA- 23- 32).

4. 4 TREASURER' S REPORT FOR MARCH 2O23
Approved Quarterly Treasurer's Report for March 2023.

4. 5 CONFIRM PARTICIPATION IN THE SAN JOAQUIN URBAN COUNTY PROGRAM FOR FISCAL YEARS 2024- 2026 TO OBTAIN HOUSING AND

URBAN DEVELOPMENT FUNDS
May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 3 23 Approved and confirmed the City of Lathrop' s participation in the San Joaquin Urban County Program for Fiscal Years 2024- 2026, to obtain housing and urban development funds.

4. 6 APPROVE UPDATED RECORDS AND INFORMATION MANAGEMENT

PROGRAM POLICY AND UPDATED COMPREHENSIVE RETENTION

SCHEDULE
Adopted Resolution 23- 5263 approving the City of Lathrop' s updated Records and Information Management Program Policy and updated comprehensive Retention Schedule for all City Departments.

4. 7 APPROVE THE UPDATED FACILITY FEE WAIVER POLICY
Adopted Resolution 23- 5264 approving the updated Facility Fee Waiver Policy for rentable indoor facilities, picnic shelters and sports fields.

4. 8 APPROVE THE SPECIAL USE PERMIT POLICY
Benjamin Jex ( in person speaker) requested additional information related to the matter. Parks, Recreation and Maintenance Services Director Todd Sebastian provided additional information.

Adopted Resolution 23- 5265 approving the Special Use Permit Policy for outdoor public event request( s) in City Parks, which are not hosted or affiliated with the City of Lathrop.

4. 9 APPROVE THE JULY 1ST CELEBRATION TEMPORARY STREET CLOSURE Adopted Resolution 23- 5266 approving temporary street closure on Spartan Way, Crespi Street and Locomotive Street, for the City of Lathrop July 1, 2023 Celebration.

4. 10 APPROVE THE PLANNING FEE WAIVER REQUEST BY GLOBAL SEVA FOUNDATION ( TUP- 23- 41)
Adopted Resolution 23- 5267 waiving the Temporary Use Permit application processing and document retention fees for the Global Seva Foundation, in the combined amount of $392.

4. 11 APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH BADAWI &

ASSOCIATES FOR PROFESSIONAL AUDITING SERVICES
Adopted Resolution 23- 5268 approving Professional Services Agreement with Badawi & Associates for professional auditing services.

May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 4 24 4. 12 APPROVE THE RESOLUTION DECLARING THE REMAINING REDEMPTION

FUND BALANCE TO BE SURPLUS, ORDERING THE DISPOSITION OF

SUCH SURPLUS, AND APPROVING THE CLOSEOUT ANALYSIS REPORT

PREPARED BY NBS FOR THE NORTH HARLAN WATER IMPROVEMENT
DISTRICT 99- 01
Adopted Resolution 23- 5269 declaring the remaining redemption fund balance to be surplus, ordering the disposition of such surplus, and approving the closeout analysis report prepared by NBS for the North Harlan Water Improvement District 99- 01.

4. 13 APPROVE PROFESSIONAL SERVICE AGREEMENT WITH BAY ALARM

COMPANY FOR SECURITY, FIRE ALARM, ACCESS CONTROL,

EQUIPMENT, MONITORING AND MAINTENANCE
Adopted Resolution 23- 5270 approving Professional Service Agreement with Bay Alarm Company for security, fire alarm, access control, equipment, monitoring, and maintenance services.

4. 14 APPROVE CONTRACT CHANGE ORDER NO. 30 WITH DAVID SILVA, DBA

SILVA LANDSCAPE FOR PARK LANDSCAPE AND STREETSCAPE

MAINTENANCE
Adopted Resolution 23- 5271 approving Contract Change Order No. 30 with David Silva, dba Silva Landscape for park landscape and streetscape maintenance.

4. 15 APPROVE CONTRACT AMENDMENT NO. 1 WITH WEST COAST
ARBORISTS, INC.

Adopted Resolution 23- 5272 approving Contract Amendment No. 1 with West Coast Arborists, Inc. to extend the contract term by three years, ending June 30, 2026, with an annual contract budget amount of 200, 000.

4. 16 APPROVE CONTRACT AMENDMENT NO. 2 WITH SORACCO, INC., FOR

ON - CALL CONSTRUCTION SERVICES FOR WET UTILITY AND STREET

REPAIRS
Adopted Resolution 23- 5273 approving Contract Amendment No. 2 for on -call construction services for wet utility and street repairs with Soracco, Inc.

May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 5 25 4. 17 APPROVE AMENDMENT NO. 4 WITH LUHDORFF & SCALMANINI CONSULTING ENGINEERS, CONTRACT CHANGE ORDER NO. 6 WITH
COMMERCIAL PUMP & MECHANICAL, INC., AND APPROVE BUDGET
AMENDMENT FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37
Adopted Resolution 23- 5274 approving Amendment No. 4 with Luhdorff & Scalmanini Consulting Engineers, Contract Change Order No. 6 with Commercial Pump & Mechanical, Inc., and approve budget amendment for the Well 10 testing, analysis and modifications, CIP PW 22- 37.

4. 18 APPROVE INDUSTRIAL SOLID WASTE LICENSE RENEWALS FOR FISCAL YEAR 2023- 24
Adopted Resolution 23- 5275 approving annual Industrial Solid Waste License renewals for Delta Container Corporation, Ground Force Enterprises, and Stockton Scavengers for Fiscal Year 2023- 24.

4. 19 AUTHORIZE ADJUSTMENT TO THE REPUBLIC SERVICES SOLID WASTE COLLECTION RATES FOR FISCAL YEAR 2023- 2024
Adopted Resolution 23- 5276 authorizing an increase to Republic Services solid waste collection rates, based on the Consumer Price Index for San Francisco -Oakland -San Jose, for all urban consumers for Fiscal Year2023- 24.

4. 20 APPROVE CONTRACT CHANGE ORDER NO. 4 WITH ODYSSEY
LANDSCAPING, INC., FOR IMPROVEMENTS ON RIVER ISLANDS PKWY

BETWEEN GOLDEN VALLEY PKWY & MCKEE BLVD, AND APPROVE
RELATED BUDGET AMENDMENT ASSOCIATED WITH CIP GG 20- 19
Adopted Resolution 23- 5277 approving Contract Change Order No. 4 with Odyssey Landscaping, Inc., for improvements on River Islands Pkwy, between Golden Valley Pkwy & McKee Blvd, and approve related budget amendment associated with CIP GG 20- 19.

4. 21 TRANSPORTATION DEVELOPMENT ACT ( TDA) CLAIM FOR FISCAL YEAR 2022- 23
Adopted Resolution 23- 5278 authorizing the filing of a Transportation Development Act ( TDA) claim for Local Transportation Funds ( LTF) for Fiscal Year 2022- 23.

4. 22 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY G& G BUILDERS, INC., FOR VALVERDE PARK IMPROVEMENTS, CIP PK 22- 08
May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 6 26 Adopted Resolution 23- 5279 accepting public improvements constructed by G& G Builders, Inc., for the Valverde Park improvements, CIP PK 22- 08, authorizing the filing of a Notice of Completion, release of contract retention, and release of Performance and Payment Bonds.

4. 23 AWARD CONSTRUCTION CONTRACT TO DIEDE CONSTRUCTION INC.

FOR THE CITY HALL ADA IMPROVEMENTS COUNCIL CHAMBER, CIP GG 22- 04
Adopted Resolution 23- 5280 awarding a Construction Contract to Diede Construction Inc. for the City Hall ADA improvements to the Council Chamber, CIP GG 22- 04.

4. 24 CREATE CIP PS 23- 10, MOSSDALE ROAD OVERLAY, APPROVE REIMBURSEMENT AGREEMENT WITH BROWN SAND, INC., AND

APPROVE BUDGET AMENDMENT
Adopted Resolution 23- 5281 creating CIP PS 23- 10, Mossdale Road Overlay, approving a Reimbursement Agreement with Brown Sand, Inc., and approving budget amendment.

4. 25 CREATE CIP GG 23- 19 SOUTH LATHROP SURVEILLANCE SYSTEM,

RATIFY PURCHASES FROM ICU TECHNOLOGIES AND VIGILANT

SOLUTIONS AND, APPROVE RELATED BUDGET AMENDMENTS
Adopted Resolution 23- 5282 creating CIP GG 23- 19 for South Lathrop Surveillance System, ratifying purchases from ICU Technologies and Vigilant Solutions, and approving related budget amendment.

4. 26 RATIFY THE PURCHASES OF AUTOMATIC LICENSE PLATE RECOGNITION

SOFTWARE, HARDWARE AND CONFIGURATION OF SURVEILLANCE

SYSTEM FROM VIGILANT SOLUTIONS, LLC, AND, ICU TECHNOLOGIES, INC., FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM AND

APPROVE RELATED BUDGET AMENDMENT
Adopted Resolution 23- 5283 ratifying the purchase of automatic license plate recognition software, hardware and configuration from Vigilant Solutions, LLC, and ICU Technologies, Inc, and approving related budget amendment.

4. 27 RATIFY CITY MANAGER' S EXECUTION OF CHANGE ORDER NO. 3 WITH LANG COMPANIES INC., DBA FINELINE STRIPING FOR RESTRIPING CROSSWALKS ON SOMERSTON PARKWAY, CIP PS 22- 16
Adopted Resolution 23- 5284 ratifying Contract Change Order No. 3 with Lang Companies Inc., dba Finel- ine Striping, for re -striping of crosswalks on Somerston Parkway, CIP PS 22- 16.

May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 7 27 4. 28 RATIFY EMERGENCY REPLACEMENT OF TWO PUMPS AT POND S5 RECYCLED WATER PUMP STATION BY AMERINE SYSTEMS, INC.

Adopted Resolution 23- 5285 ratifying the emergency replacement of two pump assemblies at Pond S5, Recycled Water Pump Station, by Amerine Systems, Inc.

4. 29 APPROVE THE PRELIMINARY ENGINEER' S REPORT AND DECLARING

INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR
2023/ 24 FOR INDUSTRIAL LIGHTING MAINTENANCE DISTRICT;
RESIDENTIAL LIGHTING MAINTENANCE DISTRICT; MOSSDALE
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT; STORM DRAIN DISTRICT ZONE 1; AND STORM DRAIN DISTRICT ZONE 1A
Council considered the following:

1. Adopted Resolution 23- 5286 approving the Preliminary Engineer' s Report for the Industrial Lighting Maintenance District and Declaring Intention to Levy Annual
Assessments for Fiscal Year 2023/ 24;

2. Adopted Resolution 23- 5287 approving the Preliminary Engineer' s Report for the Residential Lighting Maintenance District and Declaring Intention to Levy Annual
Assessments for Fiscal Year 2023/ 24;

3. Adopted Resolution 23- 5288 approving the Preliminary Engineer' s Report for the Mossdale Landscape and Lighting Maintenance District and Declaring Intention to Levy
Annual Assessments for Fiscal Year 2023/ 24; and

4. Adopted Resolution 23- 5289 approving the Preliminary Engineer' s Report for the Storm Drain Districts Zones 1 and 1A and Declaring Intention to Levy Annual Assessments for Fiscal Year 2023/ 24.

4. 30 APPROVE THE PRELIMINARY ENGINEER'S REPORT AND DECLARING

INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR
2023/ 24 FOR STONEBRIDGE LANDSCAPING MAINTENANCE DISTRICT

AND STONEBRIDGE DRAINAGE AND LIGHTING DISTRICT
Council considered the following:

1. Adopted Resolution 23- 5290 approving the Preliminary Engineer' s Report for the Stonebridge Landscaping
Maintenance District and Declaring Intention to Levy
Annual Assessments for Fiscal Year 2023/ 24; and

2. Adopted Resolution 23- 5291 approving the Preliminary Engineer' s Report for the Stonebridge Drainage & Lighting District and Declaring Intention to Levy Annual
Assessments for Fiscal Year 2023/ 24.

May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 8 28 S. SCHEDULED ITEMS

5. 1 REFUNDING OF LATHROP FINANCING AUTHORITY REVENUE BONDS MOSSDALE VILLAGE REFUNDINGS) 2013 SERIES A, INCLUDING CITY OF LATHROP COMMUNITY FACILITIES DISTRICT NO. 2003- 01
MOSSDALE VILLAGE), SPECIAL TAX BONDS, 2013 SERIES A AND CITY

OF LATHROP LIMITED OBLIGATION IMPROVEMENT BONDS,
REASSESSMENT DISTRICT NO. 2013- 1 ( MOSSDALE VILLAGE)
Finance Director Cari James provided the presentation. The City Council provided a motion for all items.

On a motion by Councilmember Lazard, seconded by Mayor Dhaliwal, the City Council:

1. Adopted Resolution 23- 5292 authorizing the issuance and sale of Special Tax Refunding Bonds, approving and
directing the Execution of an indenture, an Escrow
Agreement, authorizing sale of bonds and other related
documents and actions with respect thereto;

2. Adopted Resolution 23- 5293 of intention to levy
reassessments and to issue refunding bonds upon the
security thereof;

3. Adopted Resolution 23- 5294 adopting a Reassessment
Report, confirming and ordering the reassessment
pursuant to summary proceedings and direction actions
with respect thereto;

4. Adopted Resolution 23- 5295 authorizing the issuance and sale of Reassessment Bonds, approving and directing the execution of an indenture and an Escrow Agreement,
authorizing the sale of bonds, and other related documents and actions with respect thereto; and

5. Adopted Resolution 23- 5296, a Resolution of the Board of Directors of the Lathrop Financing Authority, authorizing the issuance and sale of its Refunding Revenue Bonds in one or more series, and approving related agreements and actions.

Ayes: Lazard, Torres -O' Callaghan and Dhaliwal
Noes: None

Absent: Akinjo and Diallo
Abstain: None
May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 9 29 Q

5. 2 REVIEW AND PROVIDE DIRECTION ON DESIGN OPTIONS FOR CIP PK 22- 12 THE GREEN PARK REVITALIZATION PROJECT
Parks, Recreation and Maintenance Services Director Todd Sebastian provided the presentation. A question and answer period ensued throughout the presentation.

Council consensus directed staff to move forward with design Option 1 with a lighter color scheme, for the Green Park Revitalization Project, CIP PK 22- 12, and approved the associated budget amendment; as a result, the City Council adopted Resolution 23- 5297 by consensus.

COUNCIL COMMUNICATIONS

6. 1 MAYOR DHALIWAL REFERRAL - Appointment of Ten ( 10) Members to the Youth Advisory Commission, with Term Ending May 31, 2024 Ten ( 10) Applications Received ( Thirteen ( 13) Vacancies) Mayor Dhaliwal made the following appointment:

Youth Advisory Commission Term Expires
Angelina Michelucci May 31, 2024
Christopher Cadiente May 31, 2024
Myli Bella Charlie Babagay May 31, 2024
Zurina Folkes - Williams May 31, 2024
Harnoor Brar May 31, 2024
Gurjot Singh May 31, 2024
Shubneet Kaur May 31, 2024
Manpreet Kaur Bains May 31, 2024
Tanya Singh May 31, 2024
Osen Grace Ugbiyobo May 31, 2024
On a motion by Councilmember Lazard, seconded by Councilmember Torres -O' Callaghan, the City Council approved the appointment made by Mayor Dhaliwal as noted above.

Ayes: Lazard, Torres -O' Callaghan, and Dhaliwal
Noes: None

Absent: Akinjo, Diallo
Abstain: None

6. 2 MAYOR DHALIWAL REFERRAL - Appointment of an Alternate Board Member to the San Joaquin Area Flood Control Agency ( SJAFCA) Board of Directors
May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 10 30 Mayor Dhaliwal appointed Councilmember Torres -O' Callaghan as an Alternate Board Member to the San Joaquin Area Flood Control Agency SJAFCA) Board of Directors.

On a motion by Councilmember Lazard, seconded by Mayor Dhaliwal, the City Council approved the appointment made by Mayor Dhaliwal as noted above.

Ayes: Lazard, Torres -O' Callaghan, and Dhaliwal
Noes: None

Absent: Akinjo, Diallo
Abstain: None

6. 3 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Councilmember Torres -O' Callaghan reported her attendance, along with Vice Mayor Akinjo and Councilmember Diallo, to the League of California Cities Legislative Action Days at the State Capitol.

6. 4 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Lazard commented on a letter she received from a constituent regarding excessive traffic enforcement. Councilmember Torres -O' Callaghan requested a referral for drill training to all Council Members, Committee Members and staff regarding emergency situations, such as, active shooter and other related
emergencies/ disasters.

7. ADJOURNMENT - There being no further business, Mayor Dhaliwal adjourned the meeting at 8: 09 p. m.

G
eresa Varga MC
Government Service rector/
City Clerk
May 8, 2023 Lathrop City Council Consolidated Meeting Minutes Page 11 31 PAGE LEFT INTENTIONALLY
BLANK
32 CITY MANAGER' S REPORT
ITEM 4. 3
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD AGREEMENT TO THE MANTECA BULLETIN

FOR PUBLICATION OF LEGAL ADVERTISEMENTS
RECOMMENDATION: Adopt Resolution Awarding Agreement to the Manteca Bulletin for Publication of Legal
Advertisements for the Period of July 1, 2023
through June 30, 2024
SUMMARY:

In accordance with Public Contract Code Section 20169, annually, before the beginning of the fiscal year in cities where there is more than one newspaper of general circulation, a notice inviting bid proposals and agreement for the publication of legal notices is required to be published in such a newspaper. The contract shall include the printing and publishing of all such legal notices during the fiscal year.

If there is only one such newspaper, the legislative body may contract with it without advertising for bids. However, there is no such newspaper operating directly within the City of Lathrop and staff relies on nearby adjudicated newspapers of general circulation to bid on the agreement yearly.

BACKGROUND:

Currently, the City of Lathrop is utilizing the legal advertising services of the Manteca Bulletin as the newspaper of general circulation, pursuant to Resolution No. 22- 5084.

On May 12 and May 19, 2023, a notice inviting bid proposals was published in the Manteca Bulletin, requiring a response by 2: 00 p. m. on May 31, 2023, to the Office of the City Clerk. Included in the bid packet was a sample legal advertisement that each potential advertising company was to price and return based on their costs. The City Clerk received one bid proposal, from the Manteca Bulletin, as outlined below.

ANALYSIS:

Generally, public notices required by various City and State laws must be published in a " newspaper of general circulation." The Manteca Bulletin, the only newspaper that provided a proposal has been adjudicated as a newspaper of general circulation within San Joaquin County.

Case law indicates that the City Council has the discretion to award the legal advertising agreement based on a totality of factors, including price, circulation, and publication dates. As noted in the table below, the Manteca Bulletin was the only bid proposal received and meets all the minimum requirements. Additionally, the Manteca Bulletin has been a consistent bidder throughout past fiscal years. 33 CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS FOR FY 23- 24 Newspaper Price Total Price Total Lead time Publication Circulation per Lines of per Cost for for days
line Sample Ad column Sample publication
Subscribers
inch Ad
Manteca $ 1. 64 64 Lines 94. 50 105. 00 Two ( 2) Tuesday - 90 paper Bulletin of sample print Business Saturday; subscribers ad) 10. 50 Days No Holidays registered;
online Minimum 5, 939 total
circulation
REASON FOR RECOMMENDATION:

The City has been consistently doing business with the Manteca Bulletin for the last nine ( 9) fiscal years. The proposal submitted by the Manteca Bulletin will continue to meet the needs of the City. Additionally, the Manteca Bulletin has provided consistent quality customer service.

However, it is important to note there were two significant changes in this year' s proposal in comparison to previous fiscal years:

Mondays are no longer a publication day since 2021; and Due to the increase in online subscriptions, The Manteca Bulletin paper copy circulation decreased significantly:
o FY 20- 21 - Total circulation was 6, 400 / Lathrop circulation 384 o FY 21- 22 - Total circulation was 4, 000 / Lathrop circulation is 150 o FY 22- 23 - Total circulation was 3, 300 / Lathrop circulation is 87 o FY 23- 24 - Total circulation is 5, 939 / Lathrop circulation is 90 The Manteca Bulletin has maintained reasonable publication fees, and prices from FY 22- 23 to FY 23- 24 slightly increased by six cents ($ 0. 06) per line, which is mostly consistent with prior agreements. Therefore, staff recommends City Council approval of the attached agreement with the Manteca Bulletin for publication of legal advertisements for the period of July 1, 2023 through June 30, 2024.

FISCAL IMPACT:

Funds for legal advertising in FY 2023- 24 are included as an estimate in the new Fiscal Budget for 2023- 24, based on prior year expense trends. The biennial budget is scheduled for review and approval by the City Council on June 13 & 14, 2023.

Lastly, legal notices related to private and/ or developer projects are requested for reimbursement from related developer accounts or as a one- time payment from private entities.

ATTACHMENTS:

A. Resolution Awarding Agreement for Publication of Legal Advertisements B. Copy of Proposal Received by Manteca Bulletin
C. Agreement with Manteca Bulletin for FY 23- 24
34 CITY MANAGER' S REPORT
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING

AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS
APPROVALS:

Wi 4re sa Vargas Government Services Director / City
Clerk Finance Dyector
Salvador Navarrete
City Attorney
Ste n
J. Salvatore
City Manager c1/ lz
Date 4/
1/ A2
1 Date Date PAGE 3
FOR
FY
23-24
6- 6-zO z3
v' 715 Date
35 RESOLUTION NO. 23-

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

AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS TO THE MANTECA BULLETIN FOR THE PERIOD OF DULY 1, 2023 THROUGH JUNE 30, 2024
WHEREAS, a notice inviting bids was published in the Manteca Bulletin, the current newspaper of general circulation, requiring a response by 2: 00 p. m. on May 31, 2023; and
WHEREAS, the City received one bid proposal from the Manteca Bulletin; and WHEREAS, City staff recommends approval of the bid proposal submitted by the Manteca Bulletin as the bid proposal continues to meet the needs of the City based on its cumulative considerations of price and lead time for publications; and WHEREAS, the Manteca Bulletin has been adjudicated within San Joaquin County as a newspaper of general circulation.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby finds that the bid proposal submitted by the Manteca Bulletin continues to meet the needs of the City for legal advertising services for period of July 1, 2023 through June 30, 2024; and
BE IT FURTHER RESOLVED that the City Council awards an agreement to the Manteca Bulletin for legal advertising services for said period.

The foregoing resolution was passed and adopted this 12t" day of June 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
Resolution No. 23-
36 a CITY OF LATHROWL
r;
R

BID PROPOSAL
Lines per column inch 6,0 (215
Price per column inch $ L) r 1 C! O Q(-
Total cost to publish " Attachment A" $
Day( s) of week published Mon I- Ges MW-e—ds UR-rurs ri Plat Sun check all that apply) A+ I
Required lead time for publication uv/ rYi
Example of lead time: For publication on July 12, 2023 ( or your publishing day nearest), copy of notice would be required to be submitted no later than day, time, date)
Lead time for retractions or corrections Uy Pm
f
City of Lathrop circulation f n' / J ) A!- f,
Separate by print and online subscribers)
Total circulation q 59
Proposal submitted by:

Date
C mpany Name
j I;)A1 - e 23
O L.r-t " d `T_ I
Phone Number
Address, City, State and Zip Code
Fax Number E- mail
ATTACHMENT 3.

Corn
Authorized ign ture
Z Y1 bQC- ICE Qa,4 v4
Printed Name & Title
37 MANTECA BULLETIN
P.O. BOX1958, • 531 E. YOSEMITEAVE, MANTECA,( A95336- 1958 • MAIN209- 249-3500• FAX - 209- 249- 3559 CITY OF LATHROP/ CITY CLERK Classified Insertion Order Quote Contact:

Sales Rep: MB - Liz Mora Order Date: 5/ 12/ 2023 Address:

CITY OF LATHROP/ CITY CLERK Phone: 209- 941- 7431 Order Number: 135913 390 TOWNE CENTRE DRIVE Email; tvargas@ci. lathrop. ca.us Attn:

Teresa Vargas Fax:

CA
209- 941- 7229 Tear Sheets: 1 LATHROP
95330 Advertiser
No: 150 6/
30/ 2023 6/ 30/ 2023 3 3 Quote Miscellaneous Legals 6. 5333 Inches $ 105. 00 Publications:
209M - Marketplace 209, MB - Manteca Bulletin, MB - Manteca Bulletin Online CITY OF LATHROP " ATTACHMENT A" ( SAMPLE LEGAL AD) CITY OF LATHROP PUBLIC HEARING NOTICE Notice is hereby given that the City of Lathrop City Council will hold a Public Hearing at their next Regular Meeting to consider the following matter. Said meeting will be held at 7:00 p.m., Monday, August 14, 2023, City Hall Council Chamber, 390 Towne Centre Dr., Lathrop, CA, and virtually; as noticed by the City. All persons having an interest inthis matter are invited tobe present totestify inperson, or to submit statements inperson atthe meeting orin writing prior to the hearing. PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.24, SECTION

10.24. 030 DESIGNATED NOPARKING AREAS OF THE LATHROP MUNICIPAL CODE Council to Consider the Following: 1. Hold a Public Hearing; and 2. Introduction and First Reading of an Ordinance of the City Council of the City of Lathrop to Consider Amending Title 10, Chapter 10.24, Section 10.24. 030 Designated No Parking Areas of the Lathrop Municipal Code If you challenge any decision of the City Council incourt, you may be limited toraising only those issues you or someone else raised at the meeting described inthis notice, or in written correspondence delivered tothe City Council at, or prior to, the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance toparticipate inthis meeting, please call (209) 941- 7230. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements toensure accessibility. For more information, contact the Public Works Development Department, 390 Towne Centre Drive, Lathrop, CA 95330. Phone: (209) 941- 7430. Fax: (209) 941- 7449. Email: website_ pwk@ci. lathrop.ca.us. TERESA VARGAS, MMC CITY CLERK OF THE CITY OF LATHROP Publication Date: 06/ 30/ 23 Quote Run Count: 3 Publication Count: 3 SubTotal: $ 105. 00 Total Price: $106. 00 i`
2n :`
L t
Y`. i9' tr',nos'. aT.S-+x . w. n., .. a.._ .-. +.+Y:'^.'. e ... w i) Y i..-'-.-i"'. d... . r, _ M.:±> f
in:. ki.: 5 •. rriri.::. i''rE' d 6:r.:.' YG!¢ afl v."b.. h°-.?iVS. eSxe: d[.1JIXn: C. Fr+W'&ik. ana,... ir' wtc.. .a....-. r . o .... .... -... A..... - . Printed Name Signature
38 CITY OF LATHROP

ATTACHMENTA'

SAMPLE LEGAL AD)

CRY OF LATHROP

PUBLIC HEARING NOTICE
Notice is hereby given that the City of
Lathrop City Council will hold a Public
Hearing at their next Regular Meeting to
consider the following matter. Said
meeting will be held at 700 p. m.,
Monday, August 14, 2023, City Hall
Council Chamber, 390 Towne Centre Dr.,
Lathrop, CA, and virtually; as noticed by
the City. All persons having an interest in
this matter are invited to be present to
testify in person, or to submit
statements in person at the meeting or
in writing prior to the hearing.

PUBLIC HEARING ( PUBLISHED NOTICE)

TO CONSIDER AN ORDINANCE
AMENDING TITLE 10, CHAPTER 10. 24,
SECTION 1024. 030 DESIGNATED NO

PARKING AREAS OF THE LATHROP

MUNICIPAL CODE
Council to Consider the Following:

1. Hold a Public Hearing; and

2. Introduction and First Reading of an
Ordinance of the City Council of the City
of Lathrop to Consider Amending Title
10, Chapter 10.24, Section 1024.030
Designated No Parking Areas of the
Lathrop Municipal Code
R you challenge any decision of the City
Council in court, you may be limited to
raising only those issues you or
someone else raised at the meeting
described in this notice, or in written
correspondence delivered to the City
Council at, or prior to, the meeting.

In compliance with the Americans with
Disabilities Act, ifyou need special
assistance to participate in this meeting,
please call (209) 941- 7230. Notification
48 hours prior to the meeting will
enable the City to make reasonable
arrangements to ensure accessibility.

For more information, contact the Public
Works Development Department, 390
Towne Centre Drive, Lathrop, CA 95330.

Phone: ( 209) 941- 7430. Fax: ( 209)
941- 7449. Email:
website_ pwk@ci. lathrop. ca. us.

TERESA VARGAS, MMC

CRY CLERK OF THE CITY OF LATHROP
Publication Date: 06130/ 23
Quote
39 OP, c
f .

CITY OF LATH RO P
coop

AGREEMENT FOR PUBLICATION OF LEGAL NOTICES
THIS AGREEMENT is between the City of Lathrop, a municipal corporation of the State of California ( City), and the Manteca Bulletin, a newspaper of general circulation, as defined in Section 6008 of the Government Code.

RECITALS
The City requires the services of a newspaper of general circulation for the purpose of publishing legal notices.

THEREFORE, the City and the Manteca Bulletin agree as follows:

1. Independent Contractor Status: The Manteca Bulletin is an independent contractor. Nothing in this agreement shall, in any way, be construed to mean that the Manteca Bulletin any of its agents or employees are agents, employees or representatives of the City.

2. Services to be Provided: The Manteca Bulletin shall provide services in connection with publishing legal notices for the City as specified in the attached proposal ( Exhibit A). In addition, it is further agreed that the Manteca Bulletin will provide proof of each notice for approval by the City Clerk' s Office or Planning Division prior to publication.

It shall be noted that this is a non- exclusive contract and the City retains the right to publish in other local newspapers as deemed necessary and advisable.

3. Termination: The City and the Manteca Bulletin agree that the City may terminate this Agreement at any time before the normal expiration of the term by giving thirty ( 30) days written notice.

4. Assignment: The Manteca Bulletin shall not assign this contract or any portion thereof without express written approval of the City.

5. Term: The term of this agreement shall commence July 1, 2023 or upon acceptance of this agreement by both parties, whichever is later, and shall terminate at the end of the fiscal year, June 30, 2024.

6. Payment: The Manteca Bulletin billing to the City shall contain the legal notice number, date published, number of lines, and cost per line as specified in attached Exhibit A.

ATTACHMENTG
40 CITY OF LATH RO P

7. Billing statements shall be submitted to:

Teresa Vargas, MMC
Government Services Director / City Clerk
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Correspondence/ notices regarding this agreement should be directed to:

Teresa Vargas, MMC, City Clerk
Government Services Director
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Liz Mora, Representative
Legal Advertising
Manteca Bulletin
1215 W. Center St., Suite 203
Manteca, CA 95337
Approved as to Form: City of Lathrop, City Attorney
Salvador Navarrete Date
Accepted by: City of Lathrop, City Manager
Stephen I Salvatore Date
Attested by: Government Services Director / City Clerk
Teresa Vargas Date
Contractor: 209 Multimedia Corporation - Manteca Bulletin Print Name Title
Signature Date
41 PAGE LEFT

INTENTIONALLY
BLANK
42 ITEM 4.4

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO D. L. FALK
CONSTRUCTION, INC. FOR THE LATHROP POLICE

DEPARTMENT PROPERTY AND EVIDENCE BUILDING
ASSOCIATED WITH CIP GG 21- 13 CORPORATION

YARD IMPROVEMENTS
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to D. L. Falk Construction, Inc. for the Lathrop Police Department Property and Evidence Building
Associated with CIP GG 21- 13 Corporation Yard
Improvements
SUMMARY:

On April 12, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 21- 13 Corporation Yard Improvements to add new buildings and services to the property. On December 12, 2022, City Council approved the inclusion of a Property and Evidence Building for the Police Department ( Project) within the scope of CIP GG 21- 13, and approved a professional services agreement for $220, 000 with LDA Partners ( LDA) for the design of this building.

The bid solicitation package for the construction of the Project was advertised on May 8, 2023 in accordance with Bidding Procedures in California Public Contract Code PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060. The City Clerk received and opened two ( 2) bids on June 5, 2023. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be D. L. Falk Construction, Inc. ( D. L. Falk) with a bid of $ 5, 494, 000.

Staff requests City Council award a construction contract to D. L. Falk for the construction of the Property and Evidence Building in the amount of $5, 494, 000. Staff also requests City Council authorize a 10% construction contingency of $549, 400 for a total cost not to exceed $ 6, 043, 400.

Sufficient funds were not allocated in the approved Fiscal Year ( FY) 2022/ 23 budget to award the contact. Under a separate item on tonight' s agenda, Council is considering the approval of the Biennial CIP Budget for FY 2023- 2025 that includes a request of $ 3, 870, 000 for CIP GG 21- 13. Award of this contract will be contingent upon Council' s approval of the Biennial CIP Budget for FY 2023- 2025. 43 CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO D. L. FALK CONSTRUCTION, INC. FOR

THE LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORPORATION YARD IMPROVEMENTS BACKGROUND:

On April 12, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 21- 13 Corporation Yard Improvements to add additional office space, security upgrades, a material handling site with storage bays, storage racks and additional asphalt pavement for vehicle and foot traffic. On September 12, 2022, City Council approved the use of a Community Workforce and Training Agreement CWTA) for the construction of the Property and Evidence Building for the Police Department planned for FY 2023/ 24.

On December 12, 2022, City Council approved the inclusion of the Property and Evidence Building and associated amenities ( Project) in the scope of CIP GG 21- 13, and approved a professional services agreement for $ 220, 000 with LDA Partners LDA) for the design of the Project.

The Project scope includes a single -story building for the secure storage of evidence and recovered property, and offsite and onsite civil improvements. The proposed improvements include construction or installation of the following elements:

Offices, booking room, ballistics testing lab, mechanics' garage with secure vehicle storage and a motorized storage rack system in the building Paved public and employee parking and pedestrian pathways Frontage landscaping, sidewalk, curb & gutter and pavement along Louise Avenue as well as perimeter security fencing and exterior lighting LDA prepared the plans and technical specifications, and City staff prepared the bid specifications for solicitation on May 8, 2023 in accordance with CA PCC 20160 and LMC 2. 36. 060. Two ( 2) bids were received and opened by the City Clerk on June 5, 2023, both determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:

Table 1: Summary of Bid Results- Proverty and Evidence Buildina Contractor Total Bid
D. L. Falk Construction, Inc. 5, 494, 000
F& H Construction 5, 969, 000
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is D. L. Falk. Staff requests City Council adopt a resolution awarding a construction contract to D. L. Falk Construction, Inc. in the amount of 5, 494, 000. Staff also requests City Council authorize a 10% construction contingency of $549, 400, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 6, 043, 400. 44 CITY MANAGER' S REPORT PAGE 3
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO D. L. FALK CONSTRUCTION, INC. FOR

THE LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORPORATION YARD IMPROVEMENTS REASON FOR RECOMMENDATION:

The proposed improvements will provide a Property and Evidence Building and other amenities essential to the complete operation of the City' s Police Department. D. L.

Falk is required to submit a signed copy of the " Agreement To Be Bound" by the terms and conditions of the CWTA at contract execution as a condition thereof.

FISCAL IMPACT:

The proposed construction contract with D. L. Falk is for $ 5, 494, 000. A 10% construction contingency is requested in the amount of $549, 400 for a total cost not to exceed $ 6, 043, 400.

ATTACHMENTS:

A. Resolution Awarding a Construction Contract to D. L. Falk Construction, Inc. for the Lathrop Police Department Property and Evidence Building Associated with CIP GG 21- 13 Corporation Yard Improvements
B. Construction Contract with D. L. Falk for the Lathrop Police Department Property and Evidence Building Associated with CIP GG 21- 13, Corporation Yard Improvements
45 CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
PAGE 4
AWARD CONSTRUCTION CONTRACT TO D. L. FALK CONSTRUCTION, INC. FOR

THE LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORPORATION YARD IMPROVEMENTS APPROVALS:
5MMAIoz
Steven Hollenbeak
Assistant Engineer
Ken Reed
Senior Construction Manager
Brad Vaylor
it%i Gnninccr
Michael King
Assistant City Manager
Salvador Navarrete
City Attorney
C. S. Z3
Date
9 -- s -
Date
6/ s/?•oZ3
Date
I LCQDate
o - S" • Z Z3
Date
Date
St en J. Salvatore Date
City Manager
46 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO D. L. FALK CONSTRUCTION, INC. FOR THE

LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORPORATION YARD IMPROVEMENTS WHEREAS, on April 12, 2021, City Council approved the creation of Capital Improvement Project ( CIP) PK GG 21- 13 Corporation Yard Improvements to add new buildings and services to the property; and
WHEREAS, on September 12, 2022, City Council approved the use of a Community Workforce and Training Agreement for the construction of the planned Property and Evidence Building for the Police Department; and WHEREAS, on December 12, 2022, City Council approved the inclusion of the Property and Evidence Building ( Project) in the scope of CIP GG 21- 13, and approved a professional services agreement for $ 220, 000 with LDA Partners ( LDA) for the design of this building and associated onsite and offsite improvements; and WHEREAS, LDA prepared and City staff solicited for bid the plans and technical specifications for the Project on May 8, 2023 in accordance with California Public Contract Code 20160 and Lathrop Municipal Code 2. 36. 060; and WHEREAS, a total of two ( 2) bids were received and opened by the City Clerk on June 5, 2023; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid and for the Project was determined to be D. L. Falk Construction, Inc. ( D. L. Falk) with a bid of $ 5, 494, 000; and WHEREAS, staff requests City Council award a construction contract to D. L.

Falk in the amount of $ 5, 494, 000 for the construction of the Project; and WHEREAS, staff also requests Council authorize a 10% construction contingency in the amount of $549, 400 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 6, 043, 400; and
WHEREAS, sufficient funds were not allocated in the approved Fiscal Year ( FY) 2022/ 23 budget to award the contact; and
WHEREAS, under a separate item on tonight's agenda, Council is considering the approval of the Biennial CIP Budget for FY 2023- 2025 that includes a request of 3, 870, 000 for CIP GG 21- 13; and
WHEREAS, award of this contract will be contingent upon Council' s approval of the Biennial CIP Budget for FY 2023- 2025.
47 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to D. L. Falk Construction, Inc. for the construction of the Lathrop Police Department Property and Evidence Building Associated with CIP GG 21- 13, Corporation Yard Improvements for a cost of 5, 494, 000, contingent on Council approval of the Biennial CIP Budget for FY 2023- 2025; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency of $549, 400 for a total cost not to exceed $ 6, 043, 400 for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 48 The foregoing resolution was passed and adopted this 12th day of June, 2023 by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
49 ATTACHM ENT
w f as

CONSTRUCTION CONTRACT
This Contract, dated June 12, 2023, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and D. L. Falk Construction, Inc., Contractor), whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:

1. Term. This Contract shall commence on, and be binding on the parties on the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. a.) This project contains a Community Workforce and Training Agreement ( CWTA) between the City of Lathrop and the San Joaquin Building and Construction Trades Council. The Contractor agrees to be bound by the provisions of the CWTA attached to the Bid Documents and to this contract as Exhibit B.

2. General Scope of Project and Work. Construction Documents for CORPORATION YARD IMPROVEMENTS — PROPERTY & EVIDENCE BUILDING, CIP GG 21- 13 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.

The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the supply of all materials, labor and equipment to construct the Property & Evidence Building as contemplated by these Contract Documents, and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 250 calendar days following issuance of Notice to Proceed.

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

Base Bid Total: $ 5, 494, 000 ( FIVE MILLION, FOUR HUNDRED NINETY

FOUR THOUSAND DOLLARS)

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the City Clerk and are hereby incorporated by reference ( i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid 50 Documents submitted by D. L. Falk Construction, Inc. on June 1, 2023. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.

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

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

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

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

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

7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
51 8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.

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

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

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

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

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
53 b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within (5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
54 The responsibility for compliance with this Article shall rest upon Contractor.

10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. ] A.

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 55 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.

13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or ( 3) above.

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

To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
56 PHONE: ( 209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:

Mailing Address:

Phone:

Email:

ATTN:

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 57 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC 1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 58 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' s Submitted Bid Packet
EXHIBIT B: Contractor' s and subcontractors' signed Agreement to be Bound by the City of Lathrop Community Workforce and Training Agreement
Certification of insurance, performance and payment bonds, and vvorker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
59 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATHROP
APPROVED AS TO FORM:

By: -=-
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

Un
Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
60 EMIT
SECTION 0030{ 1
C01001UAI10S 1ARE) IMPR0% ENILVIS
PROPER11 & EN IDE:10E BUILDING
CII' GG 21- 13

BID PROPOSAL FORIMS
1' 0: Cit\ of Lathrop
390 "1' oune Centre Dri\ e
Lathrop. CA 95330
ATTENTION: Cit\ Clerk
Bit) PROPOS 1L I t) RNIS
FOR: PROPERTY S EVIDENCE BUILDING, CIP GG 21- 13
THE UNDERSIGNED. AS BIDDER, HEREBY AGREES AND DECLARES THAT:

LEGAL COMPLIANCE
The onl\ persons or parties interested in this Bid as Principals are those named herein; that this Bid is made \\ ithout collusion \\ ith anti other person, firm, partnership, corporation, or association; that lie has carefull\ examined the location of the proposed \ eork and the Construction Documents; and 11e proposes and agrees that if this Bid is accepted lie \\ ill contract \\ ith the Cite of Lathrop, in the form of the Contract as set forth in the Construction Documents for said project, to pro\ ide all the necessare labor, ser\ ices, materials, and equipment, and to do all the \\ ork and furnish all the materials; and that he \\ ill accept in ( lull pa\ ment therefore the price as proposed in the following Bid Schedule.

SCHEDULE OF PRICES
All applicable permit fees, licensing costs. sales taxes,, State, and 'or federal, and an} other taxes. patent rights, or ro\ alties are included in the prices quoted in the Bid. All blank spaces must be filled in.

BASIS OF AWARD
The basis for a\\ and of the contract \\ ill be the price of the base bid. TI1e Cit\ of Lathrop reser\ es the right to a\\ ard the \\ ork contemplated b\ onl} the Base Bid or none of the \\ ork. 00300- 1
61 SECTION 00300

CORPORATION I WD IMPRON EMEM S
PROPERIA & h\ ] DrNCI; til ILDING
c11, GG 21- 13
1111) PROPOSAL FORMS
PROPERTY & EVIDENCE BUILDING, CIP GG 21- 13

BID SCHEDULE
ITEM

DESCRIPTION QUANTITY
i
UNITS ' i
UNIT
PRICE

EXTENDED
TOTAL
I
Mobilization I Bonds
i I
Insurance I
I
l" S B5, C)
2 Traffic Control LS f
Contro ,
and Sediment
LS
Plan ( F_SCP)
Total On -Site Ci\ il LS
19 O( Dc) 2g t
000
3 2 F5"Q'>V
4 v5FT; tofo Hr- DOC
5 Total Off -Site Ci\ il l Ls sq,6, pots 3.q9, D C) r-> 6 Total Building LS i,
TOTAL BID :

TOTAL BID IN WORDS:
bv
003300- 2
62 SECTION 00300
CORPOWATION YARD IMP110% LMEN' I' S BID PROPOSAL. DORMS PROPERI % & EVIDENCE BUILDING
C' IP GG 21- 13

INFORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. ]' his information is considered essential in enabling the Project Manager to determine if the Bidder is experienced in similar types of %%ork and if the Bid is based on a careful study of methods applicable to the work and full realization of the carious factors Nchich mayaffect the progress of the Nvork. Failure to comply ith this requirement ma, render the Bid non -responsive and may cause its resection. Additional sheets shall be attached asrequired. BIDDER'
SINFORMATION 1)
Bidder' s name and address: 3526
investment Blvd. Ha
ward CA 94545 2)
Bidder' stelephone number: (5-10-),88- -U 3)
Bidder' sfax number: _ 451 Q7- 6501 4)
Bidder' s Contractor's License ( Class): _ ,, License
No.: 683837 1
1 5)
Person " ho inspected site of proposed Nvork for Contractor'sfirm: Name: _ H, uanD Truona Date of Inspection: _ 05/ 11/ 2023 6)
List 5projects ofanature similar tothis project: Project Contract Name, Address and Price
Tele hone Number of Owner Danville
Public Safety 5, 924, 000WU aon a Way - Danville, CA Admin.- BuildingAdmin.- Gil Building Santolaya - ( 925) 314- 3352 San Jose City College 14,242, 000 2100 Moorpark Ave. - San Jose, CA Maint. & Operation Bldg. Toby Black - 510 484- 6769 El Granada
Fire Station 11,294, 000 50 Obispo Rd. - Half Moon Bay, CA Jeff Katz - 619 698- 9177 Berkeley Central
Library2,799, 000 2 Kittredge St. - Berkeley, CA Ingrid Lin - ( 510) 981- 6435 Vacaville HS
New Gym. 4,432, 000 401 Nut Tree Rd. - Vacaville, CA Patrick Neelan • 916 553- 4400 00300- 3
63 SECTION 00300
CORPORATION 1 ARD IN1PROVE. lit:Sl S
PROMITI & EVII} t' NCE RUILDiNf.

CIP GG 21- 1. 3
LIST Or SUBCONTRACTORS:
fill) PROPOSAL FORNIS
DL Falk Construction Inc.

The Bidder shall list beloN\ the name and business address of each subcontractor who » iII perform N ork under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK i0ich will be done b\ such subcontractor, in accordance ith Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions %\ ill be alloyed except as otherwise provided b} 1at\ The listing of more than one subcontractor for each item ofuork to be perf'ornted mth the \\ orris " and/ or" \\ ill not be permitted.

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

Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' s Name & Address I. Concrete ' qL ZomAhmm
Masonry & Brick
NZI) cntid fe t Cr,

2. Qneer
a
b
wi &
w
wm
WU , twos

6. m W I! r n _ J- & A
Q n
Note; Attach additional sheets 1f required,
00300- 4
64 SFCTION 01) 3{) o
CORPORATION N ARn VAIVROVEMENTS

PROPERTY & EVIDENCE I) UILDING
CIP CC 21- 13
Bit) PROPOSAI. FORMS
LIST OF SUBCONTRACTORS: DL Falk Construction Inc.

The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price. and shall also list the portion of the WORK «• loch will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions trill be allowed except as otherwise provided by la\%. The listing, of more than one subcontractor for each item of work to be performed with the cords "and/ or" will not be permitted.

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

Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' s Name & Address l . Fire Sprinklers 0Q \ 0 l
S 61t
z. Plumbing A 1
V1 Q r._
L

3. HVAC Ln O-Q Llr- U-CV, Li
a. Voltages
Electrical & Lowy
1_ j t ° Oav f
s. Grading & Paving
L F' M ova,.

G. Site Utilities
Note: Attach additional sheets if required.
00300- 4
65 SECTION 00300
CORPORATION I ARn IMPROVENIEN I S

PROPERTI K EVIDENCE BVILDINC
CI GG 21- 13
LIST OF SUBCONTRACTORS:
1111) PROPOSAL FORMS
DL Falk Construction Inc.

The Bidder shall list below the: name and business address of each subcontractor who will perform ork under this Bid in excess of one -hall of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the W'ORK " hich will he done by such subcontractor. in accordance:
with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions " ill be allo" ved except as othen%,ise provided by laxv. The listing of more than one subcontractor for each item of" ork to be performed " vith the words " and/ or" will not be permitted.

Failure to complywith this requirement may render the Bid non -responsive and may cause its rejection.

Should the Contractor provide abid that does not require asubcontractor, the Contractor shall note that on this page by writing " Not applicable" inthe list belo". Subcontractor License
Percent of Work
to be Performed Number Total Contract Subcontractor' sName & Address 2.

A! sactx
rn.t m r

4. BCC © C ° a a
aiO o Note:

Attach additional sheets if required. 00300-
4 66
SECTION 00300
CORPORATION 1 ARD IMPROVEMENTS
PROPERTY & Et IDENCL BUILDING
Ctt' GG 21- 13
LIST OF SUBCONTRACTORS:

BID PROPOSAL FORMS
DL Falk Construction Inc.

The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening ofbids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and' or" will not be permitted.

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

Subcontractor
License Percent of
Work to he Performed Number Total Contract Subcontractor' s Name & Address C
f

2. --
1- jib

3. 11

5. 6.

Note: Attach additional sheets if required.
00300- 4
67 SECTION 00300
CORPORATION VILRb IMPROVEMENTS 1111) PROPOSAL 1. ORMS

PROPERTY & EVIDENCE BUILDING
C1P CC 21- 13
LIST OF SUBCONTRACTORS: DL Falk Construction Inc.

The Bidder shall list below the name and business address of each subcontractor %\ ho N\ ill perform work under this Bid in excess of one- half of one percent of the Contractor' s Taal Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance ith Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item ofwork to be performed with the cords "and/or" will not be permitted.

Work to be Performed

2. 3.
is

5. 6.

Subcontractor
License Percent of
Number Total Contract Subcontractor' s Name & Address
Note: Attach additional sheets if required.
00300- 4
68 SECTION 00300
CORPORATION 1 ARD IMPROVEMENTS BID PROPOSAL FORMS

PROPERTY & EVIDENCE BUILDING
CIP GG 21- 13
LIST OF SUBCONTRACTORS: DL Falk Construction Inc.

The Bidder shall list below the name and business address of each subcontractor who will perform Nrork under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted.

Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' s Name & Address

2. 3.

4. 5.

Note: Attach additional sheets if required.
00300- 4
69 SECTION 00300

CORPORAL ION I ARD IMPROVEMENTS BID PROPOSAL FORMS
PROPERTI" & EVIDENCE BUILDING
CIP GG 21- 13
LIST OF SUBCONTRACTORS: DL Falk Construction Inc.

The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted.

Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' s Name & Address

1. 2.

3. 4.

5. G.

Note: Attach additional sheets if required.
00300- 4
70 SECTION 00300
CORPORATION YARD INIPROVE11L• N'TS 01D PROPOSAL NORMS

PROPERTY & EVIDENCE BUILDING
C11' GG 21- 13

ADDENDA
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):

No. 01 No. 02
Respectfully submitted,
June 1. 2023 DL Falk Construction Inc
Dated Legal Name of Firm
natur Auth a" Menitive
Seal)
Of Bidder is a corporation, show State in which incorporated.) The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:

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

David L. Falk - President Secretary & Treasurer `
David T. Fa - Dir for of Qerati- ons Heidi
Die ..- Controller 00300-
5 71

CORPORATION YARD IMPROVEMENTS

PROPERTY & EVIDENCE BUILDING
CIP GG 21- 13
SECTION 00300

BIDDER' S BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT WE Hartford Fire Insurance Company
as PRINCIPAL, and D. L. Falk Construction, Inc.

BID PROPOSAL FORMS
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $
Ten Percent ( 1096) of the total amount bid

THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: CORPORATION YARD IMPROVEMENTS - PROPERTY & EVIDENCE BUILDING, CIP GG 21. 13.

NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 17th day of _ May , 2023.

D. L. Falk Construction Inc. Hartford Fira 1 surance Company Princi aJ,,....—^+ Surety
Seal) By: { Seal)
DavidT. Falk, Director of Operations D. Guzman, omey-in- FaG Address: 3526 Investment Blvd. Address: 101 Montgomery St., #?2700 Harivard, CA 94545 San Francisco, CA 94104
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 6
72 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identityof the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of teat document.

State of California
County of
Alameda
On _ May 17, 2023 before me,
Date
personally appeared
Artika Kanti, Notary Public
Here Insert Name and ride of the Officer
David T. Falk
Nome( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(dlwhose name( s) is/ aWsubscribed to the within instrument and acknowledged to me that he/She/they executed the same in hisAXK1Wr authorized capacityjyeq, and that by his4ke!rlter signaturelsyon the instrument the personjs , or the entity upon behalf of which the person( s) acted, executed the instrument my
ARTIKA KANTt
Notary Public • California
Alameda County
Comm. Commissions Expires Juli28, 28, 2025
Place Notary Seal andlor Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature kf)
51g lure of Notary Public
Vt' I IUMAL
Completing this information can deter alteration of the document or froudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signers) Other Than Named Above:

Capacity( les) Claimed by Signer( s)
Signer' s Name:

O Corporate Officer — Title( s):

Partner — O Limited O General
O Individual 13 Attorney in Fact
o Trustee o Guardian or Conservator
E3 Other.

Signer is Representing:

Rs a
020119 National Notary Association
Signer' s Name:

Corporate Officer — Title( s):

E3 Partner — O Limited © General
Individual 0 Attorney In Fact
o Trustee 0 Guardian or Conservator
Other:

Signer is Representing:
73 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of S Aev7-P, G- t—P42--P, )
On S 117 1 2- 3 before me,
here insert name and title of the officer)
personally appeared VZM tAr. J
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature
KELLY SPRABLIN- BILLE111
COMM. 02403519
Notary PUWIC - Calwornla
z
Santa Clara
Ctxniti, 2026
Seal)
Optional Information
Although the information to this section is not regu; red by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unautr: orized document and may prove useful to persons relying on the attached document.

Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document titled/ for the purpose of
containing____,____ pages, and dated
The signer(s) capacity or authority is/ are as:

Individuali,$)
Attorney - in -Fact
Corporate Officers)
Guardian/ Conservator
Partner - UmitediGenerai
Cl Trustee(,)
Other.
representing:

Nameis) of Person( O or Enury( less signer is Repcesen: nq Additional Information
Method of Signer Identification
Proved to me on the basis of satisfactory evidence
forms) of . dent: ficat, on ( D cred. ble wimew, es)
Notarial event is detailed to notary journal on
Page k Entry A
Notary contact
Other
Addrt+onat 5Egner( s)
l_ 1
S; gne; is; Thumbpantos
0 Copynght 2007. 2021 Nowy Rotary, PO Sax 414p0 Des titoares, to 503 S 1- 050' A I Riyhts Reserved ': em Number 101772 Please contact your Auttrerred Reseller to purchase copies of this form 74 Direct hrqufrtesJCtatms to.

POWER OF ATT R
r
EHrtfodP° R°
Bond Td
laza
iariford, CdrneCifcul 06155
calf• 888. 2MU88 or fax 860- 757. 5835)
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 57- 152. 1 15 Hartford Fire Insurance Company, a corporation duiv % l; WUr.'rl under die taws ofthe Stulc of counwiicut QHartford Casualty Insurance Company, a conx+ration dWy OR- amzedtmderthe laws orthe State of Indiana Hartford Accident and Indemnity Company, a curlxliuhon duly orguldzvd under lire lints of the Statt ofcrluk,-ti ul Hartford Underwriters Insurance Company, a corporation dudy organized tinder the laws of the State of Cmnechcut TW1n City Fire Insurance Company, a corpunetioa duly orgunzed under the lam of tie Stab: of indisiun Q Hartford insurance Company of Illinois, a corliomtion duly oritarnmi raider the laws of the :irate ofIllinois Hartford Insurance Company of the Midwest a cmporation dniy organized under eie laws of due State of Indiana Hartford Insurance Company of the Southeast, a vurportiti.tvi duty urgard?ed under the luws ofthe 5tutc ofFlorida having their home Vice in Hartford, Connecticut ( hereinafter collecdveiy referred to as the ' Companies') do hereby make, constitute and appoint, UP to the amount of Ifrt3 i rn_ t, ed Dianna Guzman, James B. Shea of SAN J©SE, California
their true and lawful Attdxney( s)-in- Fact, each in their separate capacity if more than one is named above, to sign its name as surely( its) only as delineated above try ®, and to execute seal and acknowledge any and of bonds undertakings, contracts and other written Instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts end executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, in Witness Wherecif, and as authorized by a Resolution of the Board of Directors of the CorMariles on August 1, 2009, the Companies have caused these presenis to be signed by its Vice President and its corporate seals to be hereto affixed, duly atlested by its Assistant Secretary, Further pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures apoded to this Power of Attorney. r.. r., rrN ^ t: it rrygd Z
s s. if f4 •
7 ' r ,
rarr, r,M • nNNM• 4' t iP7f tP7f l7 •
John Gray, Assistant Secretary
STATE OF CONNE" CUT

COUNTY OF HARTFORD )
ss. Hartford
M. Ross Fisher. Vice President
On this 12th day of July. 2012, before me personally came M. Ross Fisher, to me known, who being by me duly swum, did depose and say that he resides in the County of Hartford. State or Connecticut that he is the Vice President of the Companies, the caporal ons described in and which executed the above instrument, that he knows the seals of the said corporations: that the seals affixed to the said Instrument are such corporate seats: that they were so affixed by authority of the Boards of r7troctas or safdcorporation s and that he signed his nano thereto by tlke authority 0Tcr ;,. :... M . t ^ Jl rlL.f 7. 1L ! 1>L
P.
i.
earm T. r• yn• n1
CI RT1fiC. ATIF N'niary PWAic
My Cotinwidon Pa PIM hdy 11, 2016
1, the undersigned, Vice Pres=dent of tree Companies DO HEREBY CERT` FY that the above and foregoing is a tru a and correct copy of the Power of Attorney executed by said Companies, which Is ,still in ful force efieective as of May 17, 2023.

Signed and sealed at the CRY of Hartford
Y.•. i .
r
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r'•••lr
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fey+' h •' •
j4• t...•, J 1 t • 3` t9T
e
Ka-vin Hedanan, Assistant Vics President
PUA 20i:
75 SECTION 00301)

CORPORATION Y ARD INIPROVENIEWS BID PROPOSAL FORMS

PROPERTY & EVIDENCE BUILDING
CI GG 21- 13

NONCOLLUSION AFFIDAVIT
STATE OF California
COUNTY OF Alameda
ss
David T. Falk , being first duly sworn, deposes and says that he or she is Director of Operations of DL Falk Construction the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectl} induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed %%ith and bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or and breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a coily„u - r a
Signatur ent, Secretary,
Manager, Project Manager or Representative
The County of Alat1' 11'. Sisa
State of California
Subscribed and sworn to ( or affirmed) before me
on this day of , 20 , by
proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me.

Seal
Signature,
00300- 7
76 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 11B9
A notarypublic or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document_ State of California
County of
Alameda
On May 17, 2023 before me,
Date
personally appeared
Artika Kanti, Notary Public
Mere Insert Name and Title of the Officer
David T. Falk
Nome( s) of Signet( s)
who proved to me on the basis of satisfactory evidence to be the person( aj' bvhose namelsj is/ are subscribed to the within instrument and acknowledged to me that he/ oe/ttiay executed the same in hisrh0crionfir authorized capacityW, and that by his/ berltf) etr signatureN on the instrument the personal, or the entity upon behalf of which the person(e) acted, executed the instrument. my
ARTIKA KANn
Notary Public - California
Alameda County
Commission A 2368195
Comm. Expires Jul 28, IlJ25
Place Notary Sea! and/ or Stomp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signatur ofNotary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document;
Document Date:

Signer(s) Other Than Named Above:

Capacity(les) Claimed by Signer(s)
Signer' s Name:
o Corporate Officer — Title( s):

Partner — Limited General
Individual 0 Attorney In Fact
Trustee a Guardian or Conservator
Other:

Signer is Representing:
020119 ! National Notary Association
Number of Pages:

Signer' s Name:

Corporate Officer — Title( s):

Partner — Limited General
Individual D Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:
77 SECTION 00300
C0I0010* 1 ION } XRD U%IPRON F NIFN I S 1111) FROPOS U. FORMS PROPER' C1 & EN IDE NCE IIUILDIM;
C11' GG 21- 13
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance NNith Public Contract Code Section 10162, the Bidder shall complete, under penaltt of perjurti, the follo s ing questionnaire:

Has the Bidder, an} officer of the Bidder, or am employee of the Bidder, who has a proprietar} interest in the Bidder, e%er been disqualified, removed, or otherwise pre% ented from bidding, on, or completing a federal, state, or local go% ernment project because of a N iolation of la%% or a safety regulation? Yes No X
if the answer is des, explain the circumstances in the folloli ing space.

PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance « ith Public Contract Code Section 10232, the Contractor hereb\ states under penalt, of perjur\, that no more than one final unappealable finding, of contempt of court bN a federal court has been issued against the Contractor \\ ithin the immediately preceding mo } ear period because of the Contractor' s failure to compl} \\ ith an order of federal court \ 0ich orders the Contractor to compl} x\ ith an order of the National Labor Relations Board.

NOTE: The aboxe Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

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

EA D OF .SF,C ' 710;\)
00300- 8
78 EXHiRIT R

CITY OF LATHROP

COMMUNITY WORKFORCE AND TRAINING AGREEMENT

CORPORATION YARD AND EVIDENCE FACILITY RETROFIT PROJECT

INTRODUCTION/ FINDINGS
This Agreement is entered into this 121h day of September 2022, by and between the City of Lathrop (" City"), together with its contractors and subcontractors of all tiers who shall become signatory to this Agreement by executing an " Agreement to be Bound" ( Addendum A) Contractor( s)/ Employer( s)"), and the San Joaquin Building and Construction Trades Council Council"), together with its affiliated local Unions who have executed this Agreement Union( s)").

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

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

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

ARTICLE I

DEFINITIONS

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

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

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

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

City of Lathrop
Community Workforce and Training Agreement
2 80

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

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

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

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

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

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

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

ARTICLE II

SCOPE OF AGREEMENT

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

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

2. 3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting, or repair of buildings, structures and other works, and related activities for the Project, that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary HVAC, landscaping and temporary City of Lathrop
Community Workforce and Training Agreement
3 81
fencing, pipelines ( including those in linear corridors built to serve the Project), pumps, pump stations, start- up, modular furniture installation, and final clean- up. Covered Work includes work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on -site or off -site batch plant constructed to supply materials to the Project.

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

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

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

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

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

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

2. 4. 2 This Agreement shall not apply to any non -Project work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, city, or other governmental bodies or their contractors. Work performed by public or private utilities, including all electrical utility, voice -data -video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building, shall be excluded. All electrical utility, voice -data -video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work.

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

2.4. 3 This Agreement shall not apply to off -site maintenance of leased equipment and on -site supervision of such work.

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

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

ARTICLE III

EFFECT OF AGREEMENT

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

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

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

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

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83 3. 5 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor( s)/ Employer( s) and the other Union( s) party to this Agreement.

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

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

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

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

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

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

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

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

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

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

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

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

4. 2. 3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator' s discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Section

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

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

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

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

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

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

4. 2. 9 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE V

MARK- UP MEETINGS

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

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

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

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

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

ARTICLE VI

NO DISCRIMINATION

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

ARTICLE VII

UNION SECURITY

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

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

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

ARTICLE VIII

REFERRAL

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

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

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

ARTICLE IX

WAGES AND BENEFITS

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

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

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

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

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

ARTICLE X

APPRENTICES

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

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

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

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ARTICLE XI

LOCAL HIRE AND WORKFORCE DEVELOPMENT PROGRAM

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

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

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

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

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

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

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

11. 3 Workforce Development Program:

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

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

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

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

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

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

11. 4. 2 Each Contractor shall notify the Project Manager by U.S. Mail or e- mail if a Union hiring hall cannot, upon request, dispatch Local Area Residents to the Project. It shall be the responsibility of the Contractor or subcontractor to retain all evidence of such good faith efforts.

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

11. 5 Enforcement, Compliance, and Reporting_

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

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

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

ARTICLE XII

HELMETS TO HARDHATS

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

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12. 2 The Unions and Contractors/ Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE XIII

COMPLIANCE

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

ARTICLE XIV

GRIEVANCE ARBITRATION PROCEDURE

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

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

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

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

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

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

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

1. William Riker

2. Morris Davis

3. Carol Vendrillo

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

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

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

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

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

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

ARTICLE XV

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

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

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

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

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

ARTICLE XVI

MANAGEMENT RIGHTS

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

ARTICLE XVII

DRUG AND ALCOHOL TESTING

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

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17. 2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A.

ARTICLE XVIII

SAVINGS CLAUSE

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

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

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

ARTICLE XIX
TERM

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

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

ARTICLE XX

MISCELLANEOUS PROVISIONS

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

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

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

20. 4 All defined terms used in this Agreement shall be deemed to refer to the singular and/ or plural, in each instance as the context and/ or particular facts may require.

SIGNATURE PAGE TO FOLLOW]
City of Lathrop
Community Workforce and Training Agreement
1V
96 CITY OF LATHROP
By
Name: SIVP_--
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
Date:

Date:

SAN JOAQUIN BUILDING AND CONSTRUCTION

TRADES COUNCIL
9/ 30/ 2022
Date:

Name: Michael Mark Financial Secretary -Treasurer
City of Lathrop
Community Workforce and Training Agreement
19 97

UNION SIGNATURES
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3
I
arpente . AJ d" - -
District Council 16, International Union of
Painters and Allied Trades
Boilermakers, Local 549
cement Masons, Local 400
Heat and Frost Insulators and Allied Workers,
Local 16
International Brotherhood of Electrical International Union of Elevator —Constructors, Workers, Local 595 Local 8 I -
Iron Workers, Local 378
i
stgt,ts, px —_ - -
i -
perative Plasterers and Cement Masons,
Local 300
Sheet Metal Workers Local 104
Laborers, Local 73
Operating Engineers, Local 3 --
Roofers and Waterproofers, Local 81
Sign, Display and Allied Crafts. Loca1510
City of Lathrop
20 Cottununity Workforce and Training Agreement
98 UNION SIGNATURES
Bricklayers, Tilesetters and Allied _ ' Boilermakers, Local 549 Craftworkers, Local 3 ;
Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, i Pai a Allied Trades Local 16
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
L-- ...,_
Iron Workers, Local 378
8 Operative Plasterers and Cement Masons,
Local 300
Sheet Metal Workers, Local 104
i
Laborers, Local 73 -
Operating Engineers, Local 3
Roofers and Waterproofers, Local 81 i
i
1 Sign, Display and Allied Crafts, Local 510
20 City of Lathrop
Community Workforce and Training Agreement
99 Bricklayers, Tilesetters and Allied
Craftworkers, Local 3

UNION SIGNATURES
Boilermakers, Local 549
Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
Iron Workers, Local 378 Laborers, Local 73
Operating Engineers, Local 3
Operative Plasterers and Cement Masons, i Roofers and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Local 510 City of Lathrop
Community Workforce and Training Agreement
20 100

UNION SIGNATURES
FBrickiaye7- r-s, j1--1esJ ters and Allied Boilermakers, Local 549 Craftworkers, Local 3
Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, I Painters and Allied Trades Local 16
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
Iron Workers, Locaf-YiA
j-MfflwrightstDcaHfM—
Laborers, Local 73
Operating Engineers, Local 3
Operative Plasterers and Cement Masons, I Roofers and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Local 510 City of Lathrop
Community Workforce and Training Agreement
WE
101

UNION SIGNATURES
Bricklayers, Tilesetters and Allied Boilermakers, Local 549 Craftworkers, Local 3

T --- I
carpentm 2236 Cement Masons, Local 4-00
District Council. 1-6, —International UnionofHeat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16 I
International Brotherhood of Elcctricai jInternational - Union -f. —Elevator Constructors, Workers, Local 595 Local 8 Iron Workers,
Localk-8 Operative Plasterers
and Cement Masons, Local 300
Sheet Metal
Workers, Local 104 Laborers, Local
73 Operating Engineers,
Local3 Roofers and
Waterproofers, Local 81 Sign. Display
and Allied Crafts, Local 510 20 City
of
Lathrop Community Workforce
and Training Agreement
102

UNION SIGNATURES
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3
District Council 16, International Union of
Painters and Allied Trades
i
International Brotherhood of Electrical
Workers, Local 595
Boilermakers, Local 549
Cement Masons, Local 400
Heat and Frost Insulators and Allied Workers,
Local 16
International Union of Elevator Constructors,
Local 8
Iron Workers, Loca1378 Laborers, Local 73
cal- 192— Operating Engineers, Local 3
f
Operative Plasterers and Cement Masons, Roofers and Waterproofers, Local 81 Local 300 I
Sheet Metal Workers, Local 104 Sign' Display and Allied Crafts, Local 510 i -
20 City of Lathrop
Community Workforce and Training Agreement
103

UNION SIGNATURES
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3
i
District Council 16, International Union of
I Painters and Allied Trades
Boilermakers, Local 549
i
I
Cement Masons, Local 400
Heat and Frost Insulators and Allied workers,
I Local 16
j International Brotherhood of Electrical ; International Union of Elevator Constructors, Workers, Local 595 j Local 8
1 Iron Workers, Local 378 Laborers, Local 73
i +
Operating Engineers, Local 3
I
Operative Plasterers and Cement Masons,
Local 300
Sheet Metal Workers, Local 104
Roofers and Waterproofers, Loca181
W
i
Sign, Display and Allied Crafts, Local 510
20 City of Lathrop
Community Workforce and Training Agreement
104

UNION SIGNATURES
Bricklayers. Tilesetters and Allied Boilermakers, Local 549 Cmftworkers, Local 3
enters Lees! 22 6— Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
International Brothorhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
Iron Workers, Local 3 8 - Laborers, Local ? 3
A4llvvrighhsi ocatiti2 Operating Engineers, Local 3
Operative Plasterers and Cement Masons, Roofers and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Local 510 City of Lathrop
Community Workforce and Training Agreement
20 105
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3

UNION SIGNATURES
Boilermakers, Local 549
C n 3f Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
i
Iron Workers, Loca13 9 Laborers, Local 73
eal iew - Operating Engineers, Local 3
Operative Plasterers and Cement Masons, Roofers and Waterprooftts, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Loca1510 lit Wv CiQCCC
20 3: t,
106

UNION SIGNATURES
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3
District Council 16, International Union of
Painters and Allied Trades
International Brotherhood of Electrical
Workers, Local 595
i
Iron Workers, Loca1378
Boilermakers, Local 549
Cement Masons, Local 400
Heat and Frost Insulators and Allied Workers,
Local 16
i
International Union of Elevator Constructors,
Local
i
borers, Local 73 - - -
eal-4 _-- Operating Engineers, Local 3
Operative Plasterers and Cement Masons, Roofers and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Local 510 i
9C
City of Lathrop
Community Workforce and Training Agreement
107

UNION SIGNATURES
Bricklayers, Tilesetters and Allied Boilermakers, Local 549 i
Craftworkers, Local 3
C--A—FRet} tP-- -- - Cement Masons, Local 400 _ ----
i
I
G District Council 16, International Union of j Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
i
I
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
Iron Workers, Local 378 j Laborers, Local 73
Operating Engineers, Local 3
j Operative Plasterers and Cement Masons, Roofers and Waterproofers, Local 81— Local 300
I
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Local 510 i
City of Lathrop
Community Workforce and Training Agreement
P
108
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3

UNION SIGNATURES
Boilermakers, Loca1549
Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators Painters and Allied Trades I Local 16
i
lnternationai Brotherhood of Electrical
Workers, Local 595
Iron Workers, Local 378
Allied Workers,
internationar union or nievator constructors,
Local 8
Laborers, Local 73
Operating Engineers, Local 3
Operative Plasterers and Cement Masons, Roofer$ and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104
J
Sign, Display and Allied Crafts, Local 510
City of Lathrop
Community Workforce and Training Agreement
20 109

UNION SIGNATURES
Bricklayers, Tilesetters and Allied Boilermakers, Local 549 Craft workers, Local 3
C-" nters Loeal-2236— Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
international Brotherhood of Electrical International Union of Elevator Constructors, ~' Workers, Local 595 Ltx.zil 8
iron Workers, Local 37$ Laborers, Local 73
Mivrights zaT iU2 { operating Engineers, Local 3
Operative Plasterers and Ccrnent Masons,
Local 300
Sheet Ivletal Workers, Local 104
Roufers and Wateroro firrs, Local 8l
Sign, Display and Allied Crafts, Local 510
20 City of Lathrop
Community Workforce and Training Agreement
110

UNION SIGNATURES
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3
l
Boilermakers, Local 549
Cement Masons, Local 400
District Council 16, International Union of
Painters and Allied Trades
Heat and Frost Insulators and Allied Workers,
Local 16
l
i
I!_ International Brotherhood of Electrical
Workers, Local 595
I
International Union of Elevator Constructors,
Local 8
Iron Workers, Local 378 Laborers, Local 73
i
illwrightq 102-- Operating Engineers, Local 3
I
Operattve Plasterers and Cement Masons,
Local 300
Roofers and Watetp roofers, Local 81
Sheet Metal Workers, Local 104
i
Sign, Display and Al ied Crafts, Local 510
City of Lathrop
Community Workforce and Training Agreement
20 111
Teamsters, Local 439 _ United Association, Plumbers and Steamfitters, Local 442
United Association, Road Sprinkler Fitters, United Association, Underground Utility and Local 669 Landscape Irrigation, Local 355
City of Lathrop
Community Workforce and Training Agreement
21 112
Teamsters, Local 439
United Association, Road Sprinkler Fitters,
Loca1669 ' !
r
j United Association, Plumbers and
j Steamfitters, Local 442
I
I -
United Association, Underground Utility and
Landscape Irrigation, Local 355
21 City of Lathrop
Community Workforce and Training Agreement
113
Teamsters, Local 439 1 United Association, Plumbers and | Steamfitters. a] 442
o n omc mm, Utility and
m no abmo pmoa rz u. =~° a^~~~~ '.
om oo n 355
D ml689 ' u w w"_-`=_ , K
City nf Laftop
Community Workforce and Training Agreement
21 114
TniLed ii Roa,.! Sprinkler Fir ers,
t al 669
21 United A, sociation, Urderground Utility and
Va- dwapf- Irrigation, Li-,cil 355
City of Lathrop
Community Workforce and Training Agreement
115
Addendum A

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

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

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

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

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

PROJECT NAME:

CONTRACTOR/ SUBCONTRACTOR NAME:

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

Name of Authorized Person ( print):

Signature of Authorized Person:

Title of Authorized Person:

Telephone Number of Authorized Person:

Address of Authorized Person:

State Public Works Registration Number:

IM ANAGEA42003\ 0008\ 287114. v2- 7/ l 8/ 22
City of Lathrop
Community Workforce and Training Agreement
22 116
ITEM 4. 5

CITY MANAGER' S REPORT
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO
STOCKBRIDGE GENERAL CONTRACTING, INC. FOR
SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND

APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Stockbridge General Contracting, Inc. for the
Shilling Avenue Basin Park, CIP PK 22- 34 and
Approve Budget Amendment
SUMMARY:

Pursuant to prior City Council direction, Capital Improvement Project ( CIP) PK 22- 34 Shilling Avenue Park ( Project) was establish to utilize the existing City -owned 1- acre retention pond and construct a new park at the northwest corner of Shilling Avenue and Reverend Maurice Cotton Drive. The proposed construction work consists of demolition and off -haul of existing landscape and debris, grading, installation of fence, gates, children' s play structure with rubberized surfacing, irrigation, plant materials, water play equipment, and exterior furniture including shaded picnic tables with barbecues and park benches. Street frontage improvements will provide new curb, gutter, sidewalk, pavement grind and overlay with new signing and striping.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on May 5, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)

2. 36. 060. The City Clerk received and opened two ( 2) bids on June 1, 2023. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be Stockbridge General Contracting, Inc. ( Stockbridge) with a bid of $ 2, 022, 978.

Staff is requesting City Council award a construction contract to Stockbridge for construction of improvements pursuant to CIP PK 22- 34 Shilling Avenue Park in the amount of $2, 022, 978 and authorize a 15% construction contingency of $ 303, 447 for a total cost not to exceed $ 2, 326, 425.

Sufficient funds were not allocated in the approved Fiscal Year ( FY) 2022/ 23 budget to award the contact. Under a separate item on tonight' s agenda, Council is considering the approval of the Biennial CIP Budget for FY 2023- 2025 that includes a request of $ 1, 300, 000 for CIP PK 22- 34. Award of this contract will be contingent upon Council' s approval of the Biennial CIP Budget for FY 2023- 2025. However, additional funding is needed for construction of the Project. Therefore, staff is also requesting Council approve a budget amendment transferring $ 1, 026, 425 from Measure C Fund 1060) to the CIP Project Fund ( 3010) to award a construction contract and include a 15% contingency.
117
CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO STOCKBRIDGE GENERAL
CONTRACTING, INC. FOR CONSTRUCTION OF SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE BUDGET AMENDMENT
BACKGROUND:

On May 16, 2022, City Council reviewed a conceptual design of the Project and determined the amenities to be included within the park' s ultimate configuration. The new park will include a perimeter -walking trail, a small children' s play structure with rubberized fall surfacing, shaded picnic tables with barbecues, park benches, garbage cans, a drinking fountain, and a 4' perimeter fence. Additional amenities consist of outdoor fitness stations, a water play fountain, grouted cobble at basin and lighting.

Street frontage improvements will provide new curb, gutter, sidewalk, pavement grind and overlay with new signing and striping.

NorthStar Engineering, HCS Engineering, and Sam Harned Landscape Architecture prepared the civil, electrical, and landscape improvement plans, respectively. The bid solicitation package with plans and specifications for the construction of the Project was advertised on May 5, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060.

Two ( 2) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:

Table 1: Summary of Bid Results
Contractor Base Bid
Stockbridge General Contracting, Inc. 2, 022, 977. 15
McGuire and Hester 2, 308, 685. 25
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Stockbridge. Staff requests City Council adopt a resolution awarding a construction contract to Contractor for $ 2, 022, 978.

Staff also requests City Council authorize a 15% construction contingency of $303, 447 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 2, 326, 425.

REASON FOR RECOMMENDATION:

The Project was approved by Council and reviewed by the Measure C Community Oversight Committee for conformance with the intent of the Measure. Awarding a construction contract to Stockbridge will allow the Project to proceed with improvements to the existing basin and construction of a new park. The proposed park will have amenities including playground, outdoor fitness stations and a water feature to provide a new recreational opportunity for residents and children in nearby neighborhood.
118
CITY MANAGER' S REPORT PAGE 3
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO STOCKBRIDGE GENERAL
CONTRACTING, INC. FOR CONSTRUCTION OF SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE BUDGET AMENDMENT
FISCAL IMPACT:

The proposed construction contract with Stockbridge is for $ 2, 022, 978. A 15% construction contingency of $ 303, 447 is requested, for a total cost not to exceed 2, 326, 425. Initial funds were allocated to the Project for planning and designing the improvement plans.

Sufficient funds were not allocated in the approved Fiscal Year ( FY) 2022/ 23 budget to award the contact. Under a separate item on tonight' s agenda, Council is considering the approval of the Biennial CIP Budget for FY 2023- 2025 that includes a request of $ 1, 300, 000 for CIP PK 22- 34. Award of this contract will be contingent upon Council' s approval of the Biennial CIP Budget for FY 2023- 2025. However, additional funding is needed for construction of the Project. Therefore, staff is also requesting Council approve a budget amendment transferring $ 1, 026, 425 from Measure C Fund 1060) to the CIP Project Fund ( 3010) as follows:

Increase Transfer Out
1060- 9900- 990- 9010
Increase Transfer In
3010- 9900- 393- 0000
Increase Expenditures
3010- 8000- 420- 12- 00
ATTACHMENTS:
1, 026, 425
PK 22- 34 $ 1, 026, 425
PK 22- 34 $ 1, 026, 425
A. Resolution Awarding a Construction Contract to Stockbridge General Contracting, Inc. for the Shilling Avenue Basin Park, CIP PK 22- 34 and Approve Budget Amendment
B. Construction Contract with Stockbridge General Contracting, Inc. for Construction of Shilling Avenue Basin Park, CIP PK 22- 34
119
CITY MANAGER' S REPORT PAGE 4
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO STOCKBRIDGE GENERAL
CONTRACTING, INC. FOR CONSTRUCTION OF SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE BUDGET AMENDMENT
APPROVALS:
61--,
Angel Abarca
Assistant Engineer
Ken Reed
Senior Construction Manager
Brad aylor
City Engineer
6- 5'- 20L3
Date
o - S -Zoz3
Date
6 / SIiv 3
Date
Date
Director o Finance
Michael King
Assistant City Ma ger
Salvador Navarrete
City Attorney
Ste en J. Salvatore
City Manager
0 - S- ZoZ3
Date
S- 2© Z3
Date
O•• 2
Date
120
RESOLUTION NO. 23-

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

A CONSTRUCTION CONTRACT TO STOCKBRIDGE GENERAL CONTRACTING, INC. FOR THE SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE

BUDGET AMENDMENT
WHEREAS, pursuant to prior City Council direction, Capital Improvement Project ( CIP) PK 22- 34 Shilling Avenue Park ( Project) was established to utilize the existing City -owned 1- acre retention pond and construct a new park at the northwest corner of Shilling Avenue and Reverend Maurice Cotton Drive; and WHEREAS, the proposed construction work consists of demolition and off -haul of existing landscape and debris, grading, installation of fence, gates, children' s play structure with rubberized surfacing, irrigation, plant materials, water play equipment, and exterior furniture including shaded picnic tables with barbecues and park benches; and
WHEREAS, street frontage improvements will provide new curb, gutter, sidewalk, pavement grind and overlay with new signing and striping; and WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on May 5, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, two ( 2) bids were received and opened on June 1, 2023; and WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Stockbridge General Contracting, Inc. ( Stockbridge) with a bid of $ 2, 022, 978; and WHEREAS, staff is requesting City Council award a construction contract to Stockbridge for the construction of CIP PK 22- 34 Shilling Avenue Park in the amount of $2, 022, 978 and authorize a 15% construction contingency of $303, 447 for a total cost not to exceed $ 2, 326, 425; and
WHEREAS, sufficient funds were not allocated in the approved Fiscal Year FY) 2022/ 23 budget to award the contact; and
WHEREAS, under a separate item on tonight's agenda, Council is considering the approval of the Biennial CIP Budget for FY 2023- 2025 that includes a request of 1, 300, 000 for CIP PK 22- 34; and
WHEREAS, award of this contract will be contingent upon Council' s approval of the Biennial CIP Budget for FY 2023- 2025; and
121
WHEREAS, additional funding is
Therefore, staff is also requesting Council
1, 026, 425 from Measure C Fund ( 1060)
Increase Transfer Out
1060- 9900- 990- 9010
Increase Transfer In
3010- 9900- 393- 0000 PK 22- 34
Increase Expenditures
3010- 8000- 420- 12- 00 PK 22- 34
needed for construction of the Project.
approve a budget amendment transferring
to the CIP Project Fund ( 3010) as follows:
1, 026, 425
1, 026, 425
1, 026, 425
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Stockbridge General Contracting, Inc. for construction of Shilling Avenue Basin Park, CIP PK 22- 34 for a cost of $2, 022, 978; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency of $ 303, 447 for a total cost not to exceed $ 2, 326, 425 for construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 1, 026, 425 from the Measure C Fund 1060) to the Project CIP Fund ( 3010) as detailed above. 122
The foregoing resolution was passed and adopted this 12th day of June, 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 123

ATTACHMENT
r .Q •

CONSTRUCTION CONTRACT
This Contract, dated , is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Stockbridge General Contracting, Inc. (Contractor), whose Taxpayer Identification Number is For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:

1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.

2. General Scope of Project and Work. Construction Documents for Shilling Avenue Basin Park, CIP PK 22- 34 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:

The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to demolition and off -haul of existing trees and components, grading, construction of horizontal and vertical concrete elements, fences, gates and rubberized surfacing, and installation of irrigation, plant material, play equipment, exterior furniture and other typical park amenities. Frontage improvements will include construction of new curb, gutter, sidewalk, and repaving Hot -Mix -Asphalt ( HMA) with new signing and striping.

The work shall be completed within 120 working days following issuance of Notice to Proceed.

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

Base Bid Total: $ 2, 022,978

3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and are hereby incorporated by reference ( i.e.

Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Stockbridge General Contracting, Inc. on February 28, 2023.

For the purposes of construing, interpreting and resolving inconsistencies between the 124
provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.

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

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or 125
continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d). 126
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.

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

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
127
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within (5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.

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

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 129
12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, ( 2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or ( 3) above.

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

To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:

Phone:

Fax:

ATTN:
130

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
131
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC 1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined 132
in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' s Submitted Bid Item List
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
133
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATHROP

APPROVE O FORM -
By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
134
ExHuarr n.L„
SECTION 00300

SHILLING AVENUE BASIN PARK BID PROPOSAL FORMS
CIP PK 22- 34

BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: SHILLING AVENUE BASIN PARK, CIP PK 22- 34
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:

LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location of the proposed work and the Construction Documents; and he proposes and agrees that if this Bid is accepted he will contract with the City of Lathrop, in the form of the Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.

SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.

BASIS OF AWARD
The basis for award ofthe contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid, or none of the work. 00300- 1
135
SECTION 00300
SHILLING AVENUE BASIN PARK BID PROPOSAL FOPINIS CIP PK 22- 34 SHILLING AVENUE BASIN PARK, CIP PK 22- 34

BASE BID SCHEDULE
BID

ITEM DESCRIPTION QUANTITY Q UNITS
UNIT
PRICE

EXTENDED
TOTAL
I MOBILIZATION / BONDS / INSURANCE l LS
2 TRAFFIC CONTROL I LS t! Sco Ito Sar,
3 EROSION AND SEDIMENT CONTROL PLAN
ESCP l LS
I jP ilov
4 SITE CLEARING AND DEMOLITION 1 8 3ac

S SAWCUT
REMOVE
AND

EXISTING
REMOVE
FENCE

EXISTING

AND GATE
HMA 8, 500
l
SFE y
cxac
p
S oQo
7 ROUGH GRADING AND ESTABLISH
SUBGRADE - PLAY AREA 43, 560 SF
8 STORM DRAINAGE SYSTEM I LS 3tr, 2 3
9A WATER -SYSTEM IRRIGATION SYSTEM 1 / cxx> 1 + ,
1"r
LS Zc bto goo
1 l SEAT WALL 48 LF Zoo 13 440
12 PEDESTRIAN CONCRETE - ONSITE 6,932 SF I(G; j ITT
13 PLAY AREA EDGE CURB 49 LF O BI-1U
14 MOW CURB 767 LF 3oj 29 q 13
15 RUBBERIZED PLAY AREA SURFACING 1, 540 SF Z p I b
16 VERTICAL CURB AT UPSLOPE OF PAVING 469 LF q 5
17 CHAIN LINK FENCE 477 LF 44 a 1 L p f3v
18 DECORATIVE METAL FENCE 4S5 LF SZ 32S
19 TUBE STEEL SCREEN FENCE
65E
Lis,
1p 12 So
20 DOUBLE GATE AT DECORATIVE METAL FENCE 4
3 21 DOUBLE GATE AT TUBE STEEL SCREEN FENCE 1 S
22 BENCH 3 330 9} p
23 TRA5H RECEPTACLE 1
25 26
27 PLAYGROUND

INSTALL,
PICNIC
PICNIC

BIKE RACK,
TABLE,
TABLE,

COMPLETE
CIRCLE
6-
BEQUIPMENT,
FOOT

FOOT, ADA ACCESSIBLE

FURNISH AND
2 3
1 I
EA
EA
LS Z62,
gQp
00 Itbo
Z- m
202-
1 4
00 1
1 ZSO
28 TREE - 24" BOX 17 EA 3b o { p
29 SHRUBS S- GALLON 332 EA 3t)
30 GROUND COVER, 1- GALLON 1, 132 EA Z •Sa 1 p
31 CRUSHED AGGREGATE 190 SF 33D
32 SOD 12, 757 SFb3Z33 REDWOOD HEADER I 477 LF 3 33
34 BARK MULCH - 3" AT PLANTER AREAS i 5, 069 SF Gjp b 2 - 1 a 35 AGGREGATE MULCH - 3" AT BASINPLANTER
AREAS 15, 837 SF 1, S' 3v $ 2 ,
tS
36 SOIL PREPARATION - TURF 12, 757 SF y' gy3
37 SOIL PREPARATION - SHRUBS 20, 906 SF Ss D
00300- 2
136
SECTION 00300

SEULLING AVENUE BASIN PARK BID PROPOSAL FORMS
CIP PK 22-34
BID
ITgM DESCRIPTION QUANTITY UNITS

T EXTENDED

PRICE TOTAL
38 PLANT ESTABLISiiMSNC AND 180- DAY
33, 663 SF.— b`s MAINTENANCE
39 PICNIC SHADE STRUCTURE 1 LS RQ S-do Cso
40 1 PARR; SIGN I EA to. c) SOO
41 SPLASH PLAY GROUND, FURNISH AND
INSTALL. COMPLETE I LS 41*2,, ftt Ll t Z, Nits,
CONSTRUCT 6" VERTICAL CURB AND
42 GUTTER - CITY STANDARD DETAIL ( R11) 536 L
S 2 ` , 4 ev
43 INSTALL ADA CURB RAMPS W/
PAVEMENT LANDING AREA 4 EA
44 AGGREGATE BASE 189 TN 9138._ Z 2-
45 COLD PLANE 4339 Sy it - 10 3 i "
46 CONSTRUCT PCC SIDEWALK 2,762 SF i r', 3 ' SO
47 DRIVEWAY APRON - AC / 4- ABI 12 EA J & 0 A i z o o D 48 PLACE HMA flt2w TYPE A 461 TN 2- 1 980 1 9 3
49 THERMOPLASTIC STRIPING -
CALTRANS STD. DETAIL 1 625 LF Ei Sao
50 THERMOPLASTIC STRIPING -
CALTRANS STD. DETAIL 22 250 LF 71 o 00
51 THERMOPLASTIC STRIPING -

THERMOPLASTIC

CALTRANS

WHITE LINE
STD. DETAIL

STRIPING -
27B
12"
450
66 LF
LF
11 4
Lit
0 i9
4 YO
53 THERMOPLASTIC MARMGS - STOP 5 EA 9DO 2( 6 m
54 INSTALL BLUE REFLECTIVE
PAVEMENT MARKER 2 EA 3 D is 0
TOTAL BASE BID:— 2-
1 0 Z 2-) cl . STOTAL BASE BID IN WORDS: 7\7i jo M r 1. L,.1 0 Tws I - Cwp - TIA p OSA-Q p N N 9 H') O[) Qe+o S • tom r`{ SS Jr_ sJ i7bU-AiL AvD
F\ i -rc& I C`6-ni- r.5

EWORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall famish the following information. This information is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to eomply with thk uirement may reader the Bid non-resaonsive and may_ cause its miection. Additional sheets shall be attached as required.
00300- 3
137
SECTION 00300

SHILLING AVENUE BASIN PARK
CIP PK 22- 34

BIDDER' S INFORMATION
1) Bidder' s name and address:

Stockbridge General Contracting, Inc.
2972 Larkin Avenue
Clovis, CA 93612
2) Bidder' s telephone number: ( 559) 292-2900
3) Bidder's fax number: ( 559) 476- 1780

BID PROPOSAL FORMS
4) Bidder' s Contractor' s License ( Class): A, B, C- 8, C27, C61/ D09, C61/ D34 License No.: 967612
Expires: 6/ 30/2023
5) Person who inspected site of proposed work for Contractor' s firm:

Name: Zach Jakusz/ Todd Hollis pate of Inspection:
5) List 5 projects of a nature similar to this project:

Project Contract Name, Address and
Price Telephone Number of Owner
State Farm Sports
Village III 2 261 820 City of Bakersfield- 1600 Truxtun Avenue, 3rd Floor Phase Bakersfield, CA 93307- 5141 / ( 661) 852- 2120
Greenfield Park 2, 147, 016 City of Greenfield- 599 El Camino Real Greenfield, CA 93927 / ( 831) 674- 5591
Riverstone 5, 600, 000 Valley Development, Inc. - 370 Lodge Road South Madera, CA 93636 / ( 559) 237- 7000
San Pablo Raceway 5, 330, 098 San Pablo Raceway- 2601 Road 20 San Pablo, CA 94806 / 562 577- 7228
Muscle Shoals Solar 26, 012, 843 Muscle Shoals Solar- 211 Industrial Drive Muscle Shoals, AL 35661 / ( 617) 37741301
00300- 4
138
SECTION 00300

SHILLING AVENUE BASIN PARK
CIP PK 22-34
LIST OF SUBCONTRACTORS:

BID PROPOSAL FORIMS
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent ofthe Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4147 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item ofwork to be performed with the words " and/ or" will not be permitted.

Work to be Performed

1. PIP RUBBBER SURFACE
2, LANDSCAPE/ IRRIGATION

3. PLAY INSTALL

4. WATER PLAY INSTALL
Subcontractor
License
Number
854429
967955
Percent of
Total Contract
0 2--
808069 . p LI
833691 Q

5. ( Cat C roS rZ
Note: Attach additional sheets if required.

Subcontractor / Address / Phone #

SPECTRATURF
555 S PROMENADE AVE # 103
800- 975- 57AS

ELITE LANDSCAPE CONSTRUCTION INC
2972 LARKIN AVE
559- 292- 7760

CREATIVE BUILDERS
PO BOX 1568
707- 763- 6210

KING KAHN DRILLING
9315 N. FOWLER AVE
559- 994- 6025
p u S-T -EL t-- C,. t cks r ntc. .

P. O. tSvX ( 3c, 9
7' 1coP, j3o
0- 1 96 8 a 9
CkP_45P COMP Ar- y
C Cy t . S- raiL, 7S AVE
S ;,, c1e 7-,,,4 , OA ` - S- Zt s2-09 949, zt --5"
ii6, 60- 5
139
SECTION 00300

SHILLING AVENUE BASIN PARK BID PROPOSAL FORMS
CIP PK 22-34
LIST OF SUBCONTRACTORS:

The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one-half of one percent ofthe Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted.

Subcontractor
License Percent of
Work to be Performed Number Total Contract

1. E_L- GCT12t CA-L 5-P>%3oS . 0

2. 0
4,

5. 4"
Note: Attach additional sheets if required.

Subcontractor / Address / Phone #
g0C1GMA14 % I,,. 300D' 4
Co.
1S2- 8 EL F' 114AL Ors--tvi
Tor-rG - T o / C- L' Z. i
6` i q64 483-8
v 65 Jv- 5
140
SECTION 00300

SHILLING AVENUE BASIN PARK
CIP PK 22- 34

ADDENDA

BID PROPOSAL FORMS
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours ofbid opening and acknowledges receipt of the following addendum ( addenda):
3/ 2,) 23
Dated
Respectfully submitted,
Stockbridge General Contracting, Inc.

Legal Name of Firm
Authorized Representative
Seal)
If Bidder is a corporation, show State in which incorporated.) California
The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:

President: Guy Stockbridge _
Secretary: Guy Stockbridge
Treasurer: Guy Stockbridge
00300- d
141
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF Fresno
On May 30 2023_ before me, Ranisa Wells , Notary Public, personally appeared Guy Stockbridge , who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: // ' J411-
RANiSA WELLS
Notary Public • GHfornia
Fresno County
Commission r< 2333397
my Comm. Expires Oct I' 2024
affix seal in above space)
142

SHILLING AVENUE BASIN PARK
CtP PK 22-34
SECTION 00300

BIDDER' S BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT WE Stockbridge General Contracting, Inc.
as PRINCIPAL, and Fidelity and Deposit Company of Maryland

BID PROPOSAL FORMS
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment of which sum in lawful money ofthe United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ Ten Percent of $id ( 10%)

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 23rd day of 2023.

Fidelity and Deposit Company of Maryland
Stockbridge Ge ral ontra ' ng, Inc. (Seal) ( S)
Seal) Kim In,(Attorney -in -Fact ( Seal)
Address: 2972 Larkin Avenue Address: 4 Embarcadero Center, Suite 3740 Clovis, CA 93612 San Franci$ co, CA 94111
NOTE: Signatures ofthose executing for the surety must be properly acknowledged. 00300- 7
143
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
ss
County of Fresno
On nbefore me, Lyn Genito, Notary Public, personally appeared Kim Wilson . who proved tome on the basis of satisfactory evidence to be the persons whose name4&} is ale subscribed to the within instrument and acknowledged to me that he/ she/ t4" executed the same in 4,4/ her/ thei•r- authorized capacitv4ies), and that by 4is/ her/ t4e+f signature} on the instrument the person( 4, or the entity upon behalf of which the person(,) acted, executed the instrument.

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

WITNESS my hand and official seal.
r LYN OENITO
NOTARY PUBLIC - CAl1FO8NIA„
COMMISSION # 2435271 tL
m. Exp.

COUNTY
My Carom. January 21, 2027 %
f
Signature:

Seal) Lyn Genito, Notary kblic
144
L( RIC1I ANILRICAN INSURANCE COl1I'. lN)
COLONIAL. 1NILRIC IN CASI' AI, TY AND St RL•T1 CO\ 11'. 1N1" FIDELIT' 1 AND DEPOSFI' COMPANY OF M kill LAND
POWLR OF : ' 1 [' ORNLY
h, NOtt Al L %II: N BY TIIESIL PRI: SENTS That the ZURICH AMERICAN INSURANCE COMPANY. a corporation ofthe State of Nets York, the COLONIAL. AME; RICAN CASUALTY AND SURH Y COMPANY, it corporation of the State of Ellinois, and the FIDELITY AND DEPOSI f COMPANY OF MARYLAND a corporation of the State of Illinois ( herein collcciisely called III, " Companies"). b} Robert 1), Nturra), Vise [' resident. in pursuance of authorit}" granted by Article V. Section 8. ofthc Iiy- Laos of said Companies, sthich are set forth on the rescr, c side hereof and are hcrch} certified to he in toll three and effect on the dale hereof. do hereby nominate. constitute, and appoint Stcsco 11. EDWARDS. Kim WILSON. Lyn GLNf10. Bonnie GONLALE%. 1rcy Eit tiCl1. and , of Fresno, California, EACII, it- true and lass I'ul agent and Attorney - in -Fact. to mak.. execute. scat and deliter. ]'or. and on its hehall' as surd}. and as its act and deed: any and all bonds and undertakings. and the execution of' such bonds or undertakings in pursuance of these presents, shall he as binding upon said Companies. as iidly and amply". to all intent; and purpo, ea, as if they had been dun} executed and acknoca lodged by the regularly elected officers of the L(_1RIC1I AMERICAN INSURANCE: CO& IPANY at its office in tiers . York, Null York.. the regularl} elected officers of' the COLONIAL ANIFRICAN CASUALTY AND SCRI- TY COMPANY at its office in Otsink; Mills. Nlaryland., and the regularly elected officers of the FIDELITY AND t) LPOSIT COMPANY OI' MARYLAND at its olfite in Oo ings Nlills, Maryland., in their otsn proper persons
The said Vice President does hcrch} cerrtf) that the extract set forth on the rctersc side hcreol' is a true cup) ol' Anicle V, Section H. of the [ IN - Lass of said Companies. and is nuts in fbrcc IN WI FNESS WI IE: RFOF. t[ ic said VieC- President ha= h. rcunto subscribed liisihcr name, and affixed the Corporate Scats of the said Z REC 11 1NIERIC' AN INSURANCE COMP M', COLONL%L AMERICAN C%S1 % 11' AND St RE1' 1 COMPANY, and FIDFLI rl AND DFIIOSI I' CONIPAN1 OE ll 1R1' LAND. this 22nd day of April. A U. 2022.

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xt RICII AME: RICAN INtit RANCE. COMPANl
COI. C) NIA1. ! IERICAN C: 1ti1 ; U: I' l AND SI RETI C011P. 1N1 EEhFIA-1) AND I) E: POSIT COMPANI OF NL1Rl' t..\Np
13t Robert 1) . Tlurtut,
I ice Pi%!videw
Bt 1) aiva E. Bronn
1'ecrelorly
state or Manland
Count of Baltimore
On thus 14th &% of Apr 1, A. I) 2022, bclirrc the subscriber a Nolan PubhL of the State of Man land du.,, wmmtsswned and yualthul Rabcrt it.

Murray, l are President and t) r, nn E. Brotrn, Srcrelarr of the Companues to the Inrxmally 1 nonut w he the mdn rduals and otficcrs dc, Lnhcd to and tthn executed the preceding instrument. and acknou lodged the cxccunon of same and heby ms me duty s%%orn dcpuscth and sank that he she is the said olf icer of the C otnpany aforesaid and that the seA3 affixed to the tuecedutc instrument are the Corporate Seals ()I said Cumpamcs and Ilia', the said Corporate Seals and the signature as such officer k%ere dul} affixed and subscribed tothe said msirument by the aathoru} and direction ol'the said CorporaLons iN Tt -s rw NY MIL- REOF, I hate t+creunto set my hand and atlixed m, Official Scan the day and %car hrst abune urukn Constance A Dunn Notar. Public lN
Commission 1xpires Jul} 4 2023 Authenticity
ofthis bond can be confirmed at bondvalidator. zurichna.com or 410-559- 8790 145
SECTION 00300

SHILLING AVENUE BASIN PARK BID PROPOSAL FORMS
CIP PK 22. 34

NONCOLLUSION AFFIDAVIT

STATE OF CALIFORNIA
ss.

COUNTY OF FRESNO
Guy Stockbridge , being first duly sworn, deposes and says that he or she is President/ Owner of Stockbridge Genera! Contracting, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information 1 ' e thereto, or paid, and will not pay, any fee to any corporation, partnership, com associat , org ization, bid depository, or to any member or agent thereof to effectuate a colt ive or sham id.

Manager, ger or Representative
The County of Fresno
State of California
Subscribed and sworn to ( or affirmed) before me
on this day of , 20 13, by
Ul) 1 SWCJC- hc % cl, proved to ,
me on the basis of satisfactory evidence to be the
person( s) who appeared before me. RAMA WELLS Notary
Public • California ei-'- Fresno 0
County Commission
Comm,
2333397 Sealy
Expires Oct 10, 2024 00300-
8 146
SECTION 00300

SHILLING AVENUE BASIN PARK
CIP PK 22- 34
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

BID PROPOSAL FORMS
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty ofperjury, the following questionnaire:

Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X
Ifthe answer is yes, explain the circumstances in the following space.

PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' s failure to comply with an order of a federal court which orders the Contractor to comply with an order ofthe National Labor Relations Board.

NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

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

END OF SECTION)
00300- 9
147
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF Fresno
On May 30 2023_before me, Ranisa Wells , Notary Public, personally appeared Guy Stockbridge , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ shelthey executed the same in his/ her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: A I 0 1
xo
RANtSA wens
s
F Public - Glffornla
s%
no Coon
Commission N 2333397 MY Cantu. ExptrK Oct 10, 2024
affix seal in above space)
148
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF Fresno
On May 25 2423_before me, Ranisa Wells , Notary Public, personally appeared Guy Stockbridge , who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal,
Signature:

IUNISA wEs` S
Notary Public • CalMornla
Fresno County
Commission t 2133397
my Comm. Expires Oct 10, I0I4
affix seal in above space)
149

PAGE LEFT

INTENTIONALLY
BLANK
150
ITEM 4. 6

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: DECLARE END OF DROUGHT EMERGENCY AND
DISCONTINUE LEVEL 2 WATER SHORTAGE

RESPONSE ACTIONS OF THE CITY OF LATHROP

WATER SHORTAGE CONTINGENCY PLAN
RECOMMENDATION: Adopt Resolution Declaring the End of the Drought Emergency and Discontinue Level 2 Water Shortage
Response Actions of the City of Lathrop Water
Shortage Contingency Plan
SUMMARY:

On May 16, 2022, in response to the extreme drought conditions present in California and Governor Newsom' s executive orders related to the drought, Council adopted a resolution declaring a drought emergency and implementation of water shortage response actions for a shortage level of up to twenty percent ( Level 2) of the City' s Water Shortage Contingency Plan ( WSCP).

Over the past five months, a drastic swing has occurred from the extreme drought conditions to heavy precipitation, near record Sierra snowpack, and the filling of California' s major reservoirs. Based on the current wet -year conditions, staff recommends Council adopt a resolution to declare an end to the drought emergency and discontinuation of the Level 2 WSCP actions.

Approval of this item will not allow for or condone wasteful use of water. City Staff will continue to enforce Lathrop Municipal Code 13. 08. 120.

BACKGROUND:

New water conservation legislation in 2018 created a WSCP mandate replacing the water shortage contingency analysis under former law. On June 14, 2021, the City Council adopted the 2020 Urban Water Management Plan and its WSCP. The WSCP contains several prescriptive elements per the 2018 legislation, such as:

Key attributes of its Water Supply Reliability Analysis; Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50- percent shortages and greater than 50- percent shortage;
Locally appropriate " shortage response actions" for each shortage level, with a corresponding estimate of the extent the action will address the gap between supplies and demands;
Procedures for conducting an annual water supply and demand assessment with prescribed elements; following adoption of the UWMP 2020, the City is 151
CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
DECLARE END OF DROUGHT EMERGENCY AND DISCONTINUE LEVEL 2

WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP WATER

SHORTAGE CONTINGENCY PLAN
required to submit by July 11t of each year an annual water shortage assessment report to DWR;
Communication protocols and procedures to inform customers, the public and government entities of any current or predicted water shortages and associated response actions;
Monitoring and reporting procedures to assure appropriate data is collected to monitor customer compliance and to respond to any state reporting requirements;
A reevaluation and improvement process to assess the functionality of its WSCP and to make appropriate adjustments as may be warranted.

On May 16, 2022, in response to Executive Order N- 7- 22 and the State Water Resources Control Board draft emergency regulations, the Council declared a drought emergency and implementation of water shortage response actions for a shortage level of up to twenty percent ( Level 2) of the City' s WSCP.

REASON FOR RECOMMENDATION:

Over the past five months, a drastic swing has occurred from the extreme drought conditions to heavy precipitation, near record Sierra snowpack, and filling of California' s major reservoirs. Based on the current wet -year conditions, staff recommends Council adopt a resolution to declare an end to the drought emergency and discontinuation of the Level 2 WSCP actions. LMC 13. 08. 120 - Mandatory Requirements in Promotion of Water Conservation, which prohibits all unnecessary and wasteful uses of water will remain in effect.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Resolution Declaring the End of Drought Emergency and Discontinue Level 2 Water Shortage Response Actions of the City of Lathrop Water Shortage Contingency Plan
152
CITY MANAGER' S REPORT PAGE 3
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
DECLARE END OF DROUGHT EMERGENCY AND DISCONTINUE LEVEL 2

WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP WATER

SHORTAGE CONTINGENCY PLAN
APPROVALS:
t 4Z 4;r, 05- / s 2o2
Greg Gib n Date
Senior C vil Engineer
5z 51-1t-Lw?z
Brad T for Date
City Engineer
Can Jame Date
Director qJ Finance
V- S q • 2ot3
Michael King- Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Ste en J. Salvatore
City Manager
Date
153
RESOLUTION 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

DECLARING THE END OF THE DROUGHT EMERGENCY AND DISCONTINUE LEVEL 2 WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP

WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, on May 16, 2022, in response to the extreme drought conditions present in California and the Governor Newsom' s executive orders and emergency regulations related to the drought, Council adopted a resolution declaring a drought emergency and implementation of water shortage response actions for a shortage level of up to twenty percent ( Level 2) of the City' s Water Shortage Contingency Plan ( WSCP); and
WHEREAS, over the past six months, a drastic swing has occurred from the extreme drought conditions to heavy precipitation, near record Sierra snowpack and the filling of California' s major reservoirs; and
WHEREAS, based on the current wet -year conditions, staff recommends Council adopt a resolution to declare an end to the drought emergency and discontinue the Level 2 WSCP actions; and
WHEREAS, Lathrop Municipal Code 13. 08. 120 - Mandatory Requirements in Promotion of Water Conservation, which prohibits all unnecessary and wasteful uses of water will remain in effect.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby declare an end of the drought emergency and discontinue Level 2 Water Shortage Response Actions of the City of Lathrop Water Shortage Contingency Plan.
154
The foregoing resolution was passed and adopted this 12th day of June 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:

C:;
Salvador Navarrete, City Attorney
155

PAGE LEFT INTENTIONALLY
BLANK
156
ITEM 4. 7

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AUTHORIZE ACCEPTANCE OF CALAPP GRANT

FUND AWARD FROM THE CALIFORNIA

ENERGY COMMISSION FOR THE

HARDWARE, TRAINING, AND
IMPLEMENTATION OF SOLARAPP+.

RECOMMENDATION: Adopt a Resolution Authorizing the
Acceptance of CalAPP Grant Fund Award from
the California Energy Commission for the
Hardware, Training and Implementation
of SolarAPP+ for the Building Department.

SUMMARY:

Pursuant to California Government Code Section 65850. 52 (" CA GC 65850. 52"), formerly Senate Bill 379, California cities and counties are required to implement an online, automated permitting software platform for the compliance review and issuance of residential solar energy and solar storage permits in order for the State of California ( the " State") to meet its energy goals. In response to CA GC 65850. 52, The U. S. Department of Energy' s National Renewable Energy Laboratory developed SolarAPP+, which is an online portal that automates code - compliance plan review, and allows a jurisdiction to issue permits in real time for residential solar energy systems as well as solar energy systems paired with solar energy storage. Furthermore, the State allocated approximately $ 20 million to the California Energy Commission (" CEC") to provide grant funding to cities and counties that adopt SolarAPP+.

Although SolarAPP+ is a free software platform, the grant funding is designed as an incentive to assist jurisdictions with the costs associated with implementation and to streamline execution. The maximum grant funding available to participating jurisdictions ranges between $ 40, 000 and $ 100, 000 and is dependent on the population size of the jurisdiction.

On February 27, 2023, the City of Lathrop applied for grant funding from the CEC and based on the grant application criteria, the City was awarded a maximum of 40, 000 to be used for the purchase of hardware, training for staff, and implementation and execution of the SolarAPP+ permitting platform.

Staff requests City Council to authorize the acceptance of the grant fund award from the California Energy Commission, terms and conditions of the grant agreement ( see attachment B), and the budget amendment for the implementation of SolarAPP+.
157
CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING

AUTHORIZE ACCEPTANCE OF CALAPP GRANT FUND AWARD FROM THE

CALIFORNIA ENERGY COMMISSION FOR THE HARDWARE, TRAINING, AND IMPLEMENTATION OF SOLARAPP+
BACKGROUND:

On June 1, 2022, the CEC released a grant solicitation and application package entitled California Automated Permit Processing Program (" CalAPP"). This grant funding opportunity is intended to encourage California cities and counties to establish an online solar permitting process which may enhance and accelerate permit processing and turnaround time. The State has allocated up to $ 20 million in funding for CalAPP grants and any award of such funding is intended to aid local governments in the recovery of costs associated with implementing eligible, automated online solar permitting platforms.

The grant funds awarded to the City shall cover expenses including, but not limited to, hardware, such as mobile tablets for City inspectors which will give them immediate access to permit plans and specifications in the field and the ability to provide contractors with inspection results remotely, in real time. Additionally, the grant funds will also cover both software implementation costs and the staff time spent on training.

REASON FOR RECOMMENDATION:

Staff recommends Council accept the awarded grant funds because the implementation of SolarAPP+ within the Building Department will accelerate solar permit deployment in the City. SolarAPP+ was designed to provide developers with instant code - compliance review of their residential solar plans before submitting their application for a solar permit, which will dramatically reduce the amount of time a residential solar permit application spends in plan check review. Instant permit approval allows contractors to accelerate their installation process, thereby saving the contractor and the City valuable time, thus increasing the volume of permits the City can process and boosting productivity. Deferring residential solar permit processing to Solar APP+ allows staff to focus on more complex permit applications and increase output, which positively contributes to the overexpanding economic growth of the City. 158
CITY MANAGER' S REPORT PAGE 3
DUNE 12, 2023 CITY COUNCIL REGULAR MEETING

AUTHORIZE ACCEPTANCE OF CALAPP GRANT FUND AWARD FROM THE

CALIFORNIA ENERGY COMMISSION FOR THE HARDWARE, TRAINING, AND IMPLEMENTATION OF SOLARAPP+
FISCAL IMPACT:

If grant is approved by Council, the CEC will reimburse all incurred costs within grant agreement to the City of Lathrop. Staff is requesting City Council to approve a budget amendment for FY2023/ 24 as follows:

Increase Revenue
2160- 8000- 331- 05- 00 $ 40, 000
Increase Transfer Out
2160- 9900- 990- 9010 $ 40, 000
Increase Transfer In
2015- 9900- 393- 0000 $ 40, 000
Increase Appropriation
2015- 5030- 430- 37- 00 $ 20, 000
2015- 5030- 435- 20- 00 $ 20, 000
ATTACHMENTS:

A. Resolution Authorizing the Acceptance of CalAPP Grant Fund Award from the California Energy Commission for the Hardware, Training and Implementation of SolarAPP+ for the Building Department.

B. Grant Agreement Authorizing the Acceptance of Terms and Conditions with California Energy Commission.
159
CITY MANAGER' S REPORT PAGE 4
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING

AUTHORIZE ACCEPTANCE OF CALAPP GRANT FUND AWARD FROM THE

CALIFORNIA ENERGY COMMISSION FOR THE HARDWARE, TRAINING, AND IMPLEMENTATION OF SOLARAPP+
APPROVALS:
td snort
Chief Building Official
Cari Jame
Finance Dir or
Michael King
Assistant City Manag
Salvador Navarrete
City Attorney
n J. Salvatore
City Manager
Date
w -3
Date
Cv - S- ZoZ3
Date
6 Zz3
Date
23 Date
160
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING THE ACCEPTANCE OF THE CALAPP GRANT FUND AWARD

FROM THE CALIFORNIA ENERGY COMMISSION FOR THE HARDWARE, TRAINING, AND IMPLEMENTATION OF SOLARAPP+ FOR THE BUILDING

DEPARTMENT
WHEREAS, the City' s building department is responsible for conducting plan check of solar energy and storage permit applications; and WHEREAS, pursuant to California Government Code section 65850. 52, the State requires all cities and counties to implement an online, automated permitting software platform; and
WHEREAS, the U. S. Department of Energy, National Renewable Energy Laboratory developed an automated, online permitting software platform called SolarAPP+ to assist the State in meeting its energy goals; and WHEREAS, SolarAPP+ was designed to provide developers and jurisdictions with instant code -compliance review and subsequent permit approval of residential solar permit applications to accelerate the construction of renewable energy resources within local communities; and
WHEREAS, utilization of SolarAPP+ allows staff to focus on more complex permit applications without delaying permit applications that can be reviewed through the SolarAPP+ automated review process; and
WHEREAS, the State allocated $ 20 million to the California Energy Commission ( the " CEC") to provide grant funding to eligible jurisdictions that adopt SolarAPP+; and
WHEREAS, on June 1, 2022, the CEC released its grant solicitation and application package entitled the California Automated Permit Processing Program CalAPP"); and
WHEREAS, on February 27, 2023, the City applied for the CalAPP and was awarded $ 40, 000; and
WHEREAS, staff requests City Council consider authorizing the acceptance of the grant award of $40, 000 from the CEC for the implementation of SolarAPP+. 161
WHEREAS, sufficient funds were not allocated in the approved FY 23/ 24 budget, and therefore request approval of a budget amendment transferring $40, 000 as follows:

Increase Revenue
2160- 8000- 331- 05- 00 40, 000
Increase Transfer Out
2160- 9900- 990- 9010 40, 000
Increase Transfer In
2015- 9900- 393- 0000 40, 000
Increase Appropriation
2015- 5030- 430- 37- 00 20, 000
2015- 5030- 435- 20- 00 20, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby authorize the acceptance of the grant funding award from the California Energy Commission for the implementation of SolarAPP+. 162
The foregoing resolution was passed and adopted this 12th day of June 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 163

STATE OF CALIFORNIA

GRANT AGREEMENT
CEC- 146 ( Revised 312019)
City of Lathrop

ADDRESS
390 Town Center Drive
Lathrop, CA 95632

AGREEMENT NUMBER

ATTACHMENT
n Ndoolib

CALIFORNIA ENERGY COMMISSION
APP- 22- 080
02/02/2023 to 05/31/ 2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.

PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement. -
Exhibit A — Application with Scope of Work
Exhibit B — APP General Terms and Conditions
Exhibit C — Contact List
Page( s): 4
Page( s): 5
Page( s): 1
40, 000
0 40, 000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION CONTRACTOR

AUTHORIZED SIGNATURE DATE AUTHORIZED BKMTURE DATE
Digita Adrienne Winuk y signed by Adrienne Winuk 27/ 23 Date: 023. 03. 15 09: 11: 56- 07' 00'

NAME NAME
Adrienne Winuk Keane Chua- Cabe

TITLE TITLE
Contracts, Grants, and Loans Office Manager Permit Technician

CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
164
ATTACHMENT 01
Grant Application Form — EXHIBIT A
California Automated Permit Processing ( CalAPP) Program

1. APPLICANT INFORMATION ( REQUIRED)
Jurisdiction Name ( please use full legal name as it would appear on the executed grant):

City of Lathrop
Jurisdiction Type ( select one):

Q City 11 County City and County
Current Estimated Population State of California Department of Finance Demographics https:// dof.ca. gov/ forecasting/ Demographics/):
nLess than 50,000 From 100,000 to 200,000
From 50, 000 to 99, 999 n Greater than 200, 000
Project Manager
serves as point
of contact for all
communications)
Name Ed Short
Street Address 390 Town Centre Drive
City and
Zip Code
Lathrop, 95632
Phone Number 209) 941- 7273
E- Mail Address [email protected]

2. FUNDING ( REQUIRED)
Assigned Maximum Grant Amount (select gno
L^ Group 1($ 40, 000): Population less than 50, 000
Group 2 ($ 60, 000): Population from 50, 000 to 99, 999 Group 3 ($ 80, 000): Population from 100, 000 to 200, 000 Group 4 ($ 100,000): Population greater than 200,000
February 2023 Page 1 of 4 APP-22- 080
caIAPP Attachment 01 City of Lathrop
165

3. A.

PROJECT INFORMATION ( REQUIRED)
Online, automated solar permitting platform to be adopted:

X1 SolarAPP+
Other. If selected, complete Section 4 (" Additional Information' D Please select allowable budget item( s) anticipated to be used ( Select at least one):

KA Ongoing in- house staff labor costs associated directly with adoption and maintenance of the platform
1 Ongoing third -party or consultant time associated directly with adoption and maintenance of the platform
L^ J Ongoing staff training and education, specific to the platform Ongoing training events for local installers, specific to the platform Essential hardware or equipment necessary to support adoption of the platform
EXI Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
Estimated Project Timeline*
Enter actual dates if activities already began
Activity
Begin Development/ Pilot
Full Adoption
Staff Training
Date ( Month/ Year)
NewWorld 02/ 2023 1 EnerGov 02/ 2023
NewWorld 04/2023 1 EnerGov 01/ 2024
NewWorld 04/ 2023 1 EnerGov 01/ 2024
Training for Local Installers NewWorld 05/2023 1 EnerGov 02/ 2024 February 2023 Page 2 of APP- 22- 080
CaIAPP Attachment 01 City of Lathrop
166

4. ADDITIONAL INFORMATION ( if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.

Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs ( such as a contractor), thereby enabling or Yes No otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Supports online, immediate fee payment once an application is Yes No complete, which may include auto -invoicing of permit fee costs Supports immediate generation of a permit job card following Yes No payment confirmation
Blocks noncompliant applications from receiving a permit Yes No EITHER: 1) Stand- alone permitting tool; OR 2) Integrates with Yes No current software and inspection platform already in use S. REPORTING ( REQUIRED)
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy Yes No storage system including relevant characteristics of those systems, such as system capacity.

Please indicate your acceptance of these terms.

February 2023 Page 3 of 4 APP- 22- 080
CaIAPP Attachment 01 City of Lathrop
167

6. CERTIFICATION ( REQUIRED)
I am authorized to complete and sign this form on behalf of the applicant.

I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application.

I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.

I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Authorized
Representative:

Keane Chua- Cabe
Title: Permit Technician
Phone Number: 209) 941- 7267
E- mail Address: kcabe@ci. lathrop. ca. us
Date: 1 / 26/ 2023
Signature of
Authorized
Representative:

N& E: Do not overlap signature with surrounding border lines.

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CaIAPP Attachment 01 City of Lathrop
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Exhibit B
California Automated Permit Processing (CaIAPP) Program Terms and Conditions

1. Background and Authority for this Grant
California Senate Bill 129 ( 2021) included an appropriation to the California Energy Commission ( CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.

2. Documents Incorporated by Reference and Priority
Incorporated by reference into this agreement are the following documents:

A. Grant Funding Opportunity ( GFO) 21- 402.

B. Recipient' s application to CaIAPP.

As between the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.

3. Budget, Invoices, and Payments
a) The CEC is only obligated to reimburse the Recipient for paid costs that are ( 1) incurred during the Agreement Term; ( 2) invoiced within the required timeframes of this Agreement; ( 3) not more than this Agreement' s budget; and ( 4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller' s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.

The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) If invoicing for in- house staff time, the template invoice spreadsheet must identify the employee' s name, hours worked, and billing rate to be included as a reimbursable expense. d) Unallowable costs include:

Software not related to the adoption of a qualifying online, automated permitting platform.

Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended.

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Typically excluded items such as food and beverages.

Advertising costs.

Fines and penalties.

Permit processing fees charged by operator of an online platform.

All other costs not identified as allowable.

Unreasonable amounts or rates.

4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CaIAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.

S. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability ( including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.

The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act ( Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 ( a- f), set forth in Chapter 5 of Division 4. 1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.

The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

6. Drug -Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug -Free Workplace Act of 1990 Government Code Section 8350 et seq.) and will provide a drug -free workplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355( a).

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2) Establish a Drug -Free Awareness Program as required by Government Code Section 8355( b) to inform employees about all of the following:

The dangers of drug abuse in the workplace;
The person' s or organization' s policy of maintaining a drug -free workplace; Any available counseling, rehabilitation, and employee assistance programs; and Penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 8355( c), that every employee who works on the proposed project:

Will receive a copy of the company' s drug -free policy statement; and Will agree to abide by the terms of the company' s statement as a condition of employment on the project.

In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: ( 1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act ( ADA) of 1990 ( 42 U. S. C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.

8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three ( 3) years after the Agreement ends in any way. The Recipient agrees to allow the auditor( s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.

Access to Sites and Records.

9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws ( Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing February 2023 Page 3 of 5 APP- 22- 080
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wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.

10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no -cost, non- exclusive, transferable, irrevocable, royalty -free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.

11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.

12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.

13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.

14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.

15. Waiver
No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.

16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.

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17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.

18. Third -Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third -party beneficiary to the agreement.

19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:

8. Accounting and Audit

9. Public Works

10. Intellectual Property

12. Governing Law

14. Severability

15. Waiver

16. Access to Sites and Records

18. Third -Party Beneficiary
February 2023 Page 5 of 5 APP- 22- 080
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173
Exhibit C

CONTACT LIST
e t. s
q. ' q - a` • y,.' 4 skF 4:, , ` a w , fey
Commission Agreement Manager:

Adam Van Winkle
California Energy Commission
716 P Street, MS- 45
Sacramento, CA 95814
Phone: ( 916) 477- 1799
e- mail: adam. vanwinkle@energy. ca. gov
Confidential Deliverables/ Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS- 18
Sacramento, CA 95814
Invoices, Progress Reports and Non -
Confidential Deliverables to:

California Energy Commission
Accounting Officer
715 P Street MS- 2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: invoices@ energy. ca. gov
Legal Notices:

Tatyana Yakshina
Grants Manager
715 P Street MS- 18
Sacramento, CA 95814
Phone: ( 916) 827- 9294
e- mail: tatyana. yakshina( a)energy. ca. gov
Project Manager:

Ed Short
Chief Building Official
390 Towne Centre Drive
Lathrop, CA 95330
Phone: ( 209) 941- 7273
e- mail: [email protected]. ca. us
Administrator:

Keane Chua- Cabe
Permit Technician
390 Towne Centre Drive
Lathrop, CA 95330
Phone: ( 209) 941- 7267
e- mail: kcabe@ci. lathrop. ca. us
Accounting Officer:

Thomas Hedegard
Deputy Finance Director
390 Towne Centre Drive
Lathrop, CA 95330
Phone: ( 209) 941- 7329
e- mail: thedgegard@ci. lathrop. ca. us
Recipient Legal Notices:

Teresa Vargas
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Phone: ( 209) 941- 7230
e- mail: tvargas@ci. lathrop. ca. us
February 2023 Page 1 of 1 APP- 22- 080
City of Lathrop
174
175

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176
ITEM 4. 8

CITY MANAGER' S REPORT
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
A. TEICHERT & SON, INC., DBA TEICHERT

CONSTRUCTION FOR THE RECYCLED WATER RIVER
DISCHARGE, CIP WW 20- 17
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by A. Teichert & Son, Inc., dba Teichert
Construction for the Recycled Water River Discharge,
CIP WW 20- 17, Authorizing the Filing of a Notice of
Completion, Release of Contract Retention, and
Release of Performance and Payment Bonds
SUMMARY:

A. Teichert & Son, Inc., dba Teichert Construction ( Teichert) has completed the construction of the Recycled Water River Discharge, Capital Improvement Project CIP) WW 20- 17 ( Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

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

Staff requests City Council accept the completed improvements constructed by Teichert for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Teichert of $ 201, 538 within forty- five ( 45) days after recording the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

On August 9, 2021, City Council awarded a construction contract in the amount of 3, 382, 000 to A. Teichert & Son, Inc., dba Teichert Construction for the construction of the Project. The improvements included construction of two ( 2) segments of pipeline and a river outfall structure. These segments were connected to the existing pipeline, providing a complete connection from the City' s Consolidated Treatment Facility to the San Joaquin River ( River), allowing for the conveyance and discharge of recycled water to the River.

During construction, contract change orders were issued for a final contract amount of $ 4, 030, 756. The Project' s costs referenced below capture all construction expenditures.
177
CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TEICHERT CONSTRUCTION FOR THE RECYCLED WATER RIVER DISCHARGE, CIP WW 20- 17
Construction costs are as follows:

A. Construction Contract $ 3, 382, 000
B. Contract Change Orders $ 648, 756
Total Construction Contract Costs $ 4, 030, 756
Upon acceptance of the improvements, the performance bond ( Bond No. 070214799, 3, 382, 000 and payment bond ( Bond No. 070214799, $ 3, 382, 000) will be released and replaced with a one- year warranty bond ( Bond No. 070214799, $ 3, 382, 000).

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

Teichert has also provided the necessary lien releases for the materials supplied and completed work.

Staff requests City Council accept the improvements constructed by Teichert for the Recycled Water River Discharge, CIP WW 20- 17. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Teichert for $ 201, 538 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

REASON FOR RECOMMENDATION:

Teichert has completed the project pursuant to the construction contract documents.

Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

Teichert has submitted a one- year warranty bond for the improvements to be accepted ( based on 10% of the construction contract) and lien releases confirming all sub -contractors and suppliers have been paid in full. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.

The performance bond and payment bond will be released and replaced with the oneyear warranty bond ( based on 10% of the contract price) upon City Council' s acceptance of the improvements.

FISCAL IMPACT:

The final construction contract amount with Teichert for the Project is for $4, 030, 756. 178
CITY MANAGER' S REPORT PAGE 3
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TEICHERT CONSTRUCTION FOR THE RECYCLED WATER RIVER DISCHARGE, CIP WW 20- 17
Adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of the Project, staff requests that unused funds be transferred back into the Water Replacement CIP Fund ( 5600).

ATTACHMENTS:

A. Resolution Accepting Public Improvements Constructed by A. Teichert & Son, Inc., dba Teichert Construction for the Recycled Water River Discharge, CIP WW 20- 17, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Recycled Water River Discharge, Capital Improvement Project WW 20- 17
179

CITY MANAGER' S REPORT
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TEICHERT
FOR THE RECYCLED WATER RIVER DISCHARGE, CIP WW 20- 17
APPROVALS:

A
Ken Reed
Senior Construction Manager
Brad ylor
City Engineer
Michael King
Assistant City Manager
Salvador Navarrete
City Attorney
St en J. Salvatore
City Manager
5 - 30 -2023
Date
s1? 1 / zO23
Date
Date
Co - S- ZoZ3
Date
Date
0 - I.2-3
Date
PAGE 4

CONSTRUCTION
180
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY A. TEICHERT & SON, INC., DBA

TEICHERT CONSTRUCTION FOR THE RECYCLED WATER RIVER DISCHARGE, CIP WW 20- 17, AUTHORIZING THE FILING OF A NOTICE OF COMPLETION,

RELEASE OF CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND

PAYMENT BONDS
WHEREAS, on August 9, 2021, City Council awarded a construction contract to A. Teichert & Son, Inc., dba Teichert Construction ( Teichert) for the construction of the Recycled Water River Discharge, CIP WW 20- 17 ( Project), in the amount of 3, 382, 000, and a 10% construction contingency of $ 382, 000 was authorized for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the scope of work included construction of two ( 2) segments of pipeline and a river outfall structure providing a complete connection from the City' s Consolidated Treatment Facility to the San Joaquin River ( River), allowing for the conveyance and discharge of recycled water to the River; and WHEREAS, Teichert has successfully completed the Project at a total cost of 4, 030, 756; and
WHEREAS, staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and
WHEREAS, Teichert has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and
WHEREAS, the performance bond ( Bond No. 070214799, $ 3, 382, 000 and payment bond ( Bond No. 070214799, $ 3, 382, 000) will be released and replaced with a one- year warranty bond ( Bond No. 070214799, $ 3, 382, 000) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of the Project, staff requests that unused funds be transfer; and
WHEREAS, staff requests City Council accept the public improvements constructed by Teichert for the Recycled Water River Discharge, CIP WW 20- 17; and 181
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Teichert, in the amount of $ 201, 538 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by Teichert for the Recycled Water River Discharge, CIP WW 20- 17, pursuant to the construction contract documents; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Teichert, in the amount of $ 201, 538, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the unused funds be transferred back into the Water Replacement CIP Fund 5600).
182
The foregoing resolution was passed and adopted this 12th day of June, 2023 by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
183

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

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

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

ATTACHMENT
o g to

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

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

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

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

A. Teichert & Son, Inc., dba Teichert Construction.

4. That on the 12th day of June 2023 a work of improvement on the real property herein described was completed.

5. That the name of the original contractor, if any, for said work of improvement was: A. Teichert & Son, Inc., dba Teichert Construction

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

NAME STREET AND NO. CITY STATE AND ZIP CODE
A. Teichert & Son, Inc., dba Teichert Construction 140 Empire Avenue Modesto CA 95354

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

CIP WW 20- 17 RECYCLED WATER RIVER DISCHARGE, Lathrop, CA 95330

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

By:

Teresa Vargas, City Clerk Date
184

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated June 12, 2023 by A. Teichert & Son, Inc., dba Teichert Construction to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on June 12, 2023, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
185

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186
CITY MANAGER' S REPORT ITEM 4. 9
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: OUT- OF- STATE TRAVEL APPROVAL FOR CITY STAFF

TO PARTICIPATE IN THE IAMC FALL FORUM IN
SEPTEMBER 2023
RECOMMENDATION: Adopt a Resolution Authorizing Out -of -State Travel for the Economic Development Administrator to
Attend and Represent the City of Lathrop at the
Industrial Asset Management Council' s Fall Forum
in Boise, Idaho from September 7, 2023 —
September 12, 2023
SUMMARY:

In an effort to market the City of Lathrop to new job generating businesses and attract industrial investment opportunities, the Economic Development Administrator requests approval to travel out- of-state to attend the Fall 2023 Industrial Asset Management Council ( IAMC) forum to be held in Boise, Idaho from September 7, 2023 through September 12, 2023. IAMC is a U. S. based industrial and manufacturing real estate trade association.

BACKGROUND:

The Economic Development Administrator is tasked to promote the City' s attributes for economic opportunities that will enhance the overall well- being and quality of life of the community and its residents. The IAMC forum presents a networking and marketing opportunity to attract new job generating businesses and industrial investment to the City of Lathrop.

IAMC is a membership organization focused toward Industrial Real Estate professionals. Corporate members include Pepsico, Thermo Fisher Scientific, Lockheed Martin, Boeing, Kellogg, Weyerhaeuser, Medline, and more. Service providers such as site selection consultants, national brokers, and developers, as well as Economic Developers are permitted to join. However, the membership is exclusive to corporate real estate professionals allowing only one service provider and one economic developer per corporate real estate professional in order to keep a balanced membership. Forums are held twice a year to allow networking and deal making opportunities related to the industrial industry.

The City' s Economic Development Administrator has attended these forums with past employers who were members of IAMC. Boise Cascade' s location in Lathrop, Medline' s location in Tracy, Thermo Fisher Scientific' s location in Tracy, and Weyerhaeuser' s expansion -relocation in Stockton were all results from networking relationships stemming from IAMC. After almost 4 years on the waiting list, the City of Lathrop' s membership has been accepted.
187
CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING

OUT- OF- STATE TRAVEL FOR CITY STAFF
Staff is requesting out- of-state travel for attendance at the IAMC Fall 2023 Forum and sponsorship participation in the Team California hosted dinner and arrive -in - style events. Expenses for this out- of- state travel request include event registration, airfare, transportation, hotel, food, and participation as a sponsor in the Team California Activities. ATTACHMENT " B" includes additional information on ICSC Fall Forum 2023 Conference and Team California sponsorship participation.

REASON FOR RECOMMENDATION:

Staff requests that the City Council adopt the proposed resolution authorizing Out - of -State Travel for the Economic Development Administrator to participate in the IAMC Fall Forum being held in Boise, Idaho from September 7, 2023 to September 12, 2023 for the purpose of marketing, outreach, and business attraction.

FISCAL IMPACT:

The total cost for the ICSC conference is estimated to be $ 6, 272. 00. All expenses relating to this conference are within the proposed budget for the City Manager Department' s Economic Development Division FY 2023- 2024 pending City Council approval.

ATTACHMENTS:

A. A Resolution of the City Council of the City of Lathrop to Authorize Out -of - State Travel for the Economic Development Administrator to Attend and Represent the City of Lathrop at the Industrial Asset Management Council' s Fall Forum in Boise, Idaho from September 7, 2023 - September 12, 2023
B. Information regarding the IAMC 2023 Fall Forum and Team California Sponsorship Opportunities
188

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING

OUT- OF- STATE TRAVEL FOR CITY STAFF
APPROVALS:

L
Shelley Burcha
Economic Development Administrator
Salvador Navarrete
City Attorney
S en J. Salvatore
City Manager
Date
d D ) 6V;6
Date
S z Y.

Date
Date
to-S•V3
PAGE 3
189
RESOLUTION NO. 23-

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

AUTHORIZE OUT- OF- STATE TRAVEL FOR THE ECONOMIC DEVELOPMENT

ADMINISTRATOR TO ATTEND AND REPRESENT THE CITY OF LATHROP AT

THE INDUSTRIAL ASSET MANAGEMENT COUNCIL' S ( IAMC) FALL FORUM IN BOISE, IDAHO FROM SEPTEMBER 7, 2023 — SEPTEMBER 12, 2023 WHEREAS, City Council approved funding for a full- time Economic Development Administrator position to carry out economic development activities on behalf of the City; and
WHEREAS, staff has identified targeted industry opportunities to market the City for the attraction of businesses and retail establishments; and WHEREAS, funding identified for marketing events have been included in the proposed 2023- 2024 budget, pending City Council approval.

THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, authorizes out- of- state travel for the Economic Development Administrator to attend and represent the City of Lathrop at the IAMC Fall Forum in Boise, Idaho from September 7, 2023 through September 12, 2023.

The foregoing resolution was passed and adopted this 12th day of June 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO ORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23- Page 1 of 1
190

REGISTRATION FEES
IAMC Members
Member Type
Corporate Member
1st Time Corporate Member Special
Registration plus membership clues lot- I year,!
ATTACHMENT " B"
By June 16 By Aug 4 After Aug 4
5810 S860 S960
51, 185 31, 235 $ 1, 335
Ist Economic Developeriservice Provider Company Member Rep" Si, l' 70 51, 245 $ 1, 370 HOTEL
IAM tes: This property his multiple room types at the negotiated rate of 194. 00 ( plus taxes/ fees) per night vai; able on a first -come, first -served basis. Each person beyo cy rs an addjtionai $ 15. 00 per night. Group rates will be honored t,,%,o days before Group arrival and two days after Group departure based on space availability at the group rate. All reservations must be accompanied by first night room deposit on a major credit card.

Deadline: The ! AMC group rate expires on August 8, 2023,

TEAMCALIFORNIA SPONSORSHIP
Based on IAMC Spring Forum Sponsorship Numbers

ACTIVITY OTY RATE AMOUNT
Tradeshow income. Sponsoishlias 1 2,300. 00 2, 300. 00
California Private Dinner Plus Swag Sag
Sponsor IAMC Spring Forum 2023
191

PAGE LEFT

INTENTIONALLY
BLANK
192
ITEM 4. 10

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FACILITY FEE WAIVER REQUEST

FROM UNITED BACARRENEOS OF AMERICA
RECOMMENDATION: Adopt A Resolution to Approve the Facility Fee Waiver Request from United Bacarreneos of
America for a Celebration of the City Sister
Relationship that was Established on April 15,
2003 Utilizing the Scott Brooks Gymnasium on
July 22, 2023
SUMMARY:

United Bacarreneos of America submitted a Fee Waiver request for the use of the Lathrop Community Center for a Sister City celebratory event in accordance with the City' s Fee Waiver Policy. United Bacarreneos of America has requested that the Coity Council waive the fees associated with the rental of the Scott Brooks Gymnasium for a single day event on July 22, 2023, from 12: 00 p. m. to 8: 00 p. m. This event is expected to have approximately 100- 150 people in attendance and is open to the public.

The Parks and Recreation Commission typically reviews and makes recommendations on approving Fee Waiver requests, however, the June 1, 2023 meeting was cancelled due to lack of quorum. In order to move forward with this Fee Waiver request, staff reviewed the request, and recommends Council approval, as it meets the requirements of the Fee Waiver Policy and are of public benefit, de minimis in nature and not subsidized from other facility fees. Staff requests that the Council review and approve the proposed resolutions for the fee waiver requested by United Bacarreneos of America.

BACKGROUND:

Staff recently received a request for a fee waiver for that meets the requirements of the Fee Waiver Policy, from a local organization for the use of City facilities to support their activities. United Bacarreneos of America is a local non- profit organization who is active within the Lathrop community. United Bacarreneos of America established a Sister City relationship between the City of Lathrop and Bacarra, Ilococ Norte, Philippines, on April 15, 2003. Sister City relationships are intended to strengthen and deliver benefit to both parties by promoting peace through people to people relationships. The Facility Fee Waiver request is attached to this report from the organization. United Bacarreneos of America requests a fee waiver for the use of the Scott Brooks Gymnasium on July 22, 2023 in the amount of $1, 137. 82 which includes both the cost of the facility and staffing.
193

CITY MANAGER' S REPORT

APPROVE FACILITY FEE WAIVER REQUEST FROM UNITED BACARRENEOS

OF AMERICA
RECOMMENDATION:

Staff recommends Council find the requested waiver provides a public benefit to the community and the amount of the request is de minimis in nature and not subsidized from other facility fees, and approve the Fee Waiver request.

FISCAL IMPACT:

The fiscal impact of the Fee Waiver request, including the facility rental fees and the associated cost for staffing, totals $ 1, 137. 82.

ATTACHMENTS:

A. Resolution to approve the Fee Waiver Request from United Bacarreneos of America
B. United Bacarreneos of America Request for Fee Waiver and Facility Usage Calculations
194

CITY MANAGER' S REPORT

APPROVE FACILITY FEE WAIVER REQUEST FROM UNITED BACARRENEOS

OF AMERICA
APPROVALS:

Akllf
Tod Sebastian
Director of Parks, Recreation and Maintenance Services
Cari Ja s
Finance irector
5-
Salvador Navarrete
City Attorney
St en J. Salvatore
City Manager
5 . 31. 23
Date
oS3
Date
S- 3/ - xo L3
Date
S •Z3
Date
195
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A FACILITY FEE WAIVER REQUEST FROM UNITED

BACAARENEOS OF AMERICA FOR A CELEBRATION OF THE SISTER CITY RELATIONSHIP THAT WAS ESTABLISHED ON APRIL 15, 2003 UTLIZING THE SCOTT BROOKS GYMNASIUM ON JULY 22, 2023
WHEREAS, United Bacarreneos of America submitted a Fee Waiver request for waiving of fees for the use of the Scott Brooks Gymnasium for a single day event on July 22, 2023 from 12: 00 p. m. to 8: 00 p. m. for a Sister City celebratory event in accordance with the Fee Waiver Policy; and
WHEREAS, this event is expected to have approximately 100- 150 people in attendance and is open to the public; and
WHEREAS, the Parks and Recreation Commission typically reviews and makes recommendations on approving Fee Waiver requests, however, the June 1, 2023 meeting was cancelled; and
WHEREAS, the Fee Waiver was reviewed by City staff and staff considers the request to be consistent with the requirements of the Fee Waiver Policy; and WHEREAS, United Bacarreneos of America established a Sister City relationship between the City of Lathrop and Bacarra, a city in the Philippines, on April 15, 2003; and
WHEREAS, Sister City relationships are intended to strengthen and deliver benefit to both cities by promoting peace through people to people relationships; and WHEREAS, the staff recommends City Council find that this request provides a public benefit to the community, that the amount of the request is de minimis in nature and not subsidized from other facility fees.

NOW, THEREFORE, BE IT that the Council finds the requested Fee Waiver by United Bacarreneos of America would provide a public benefit to the community, that the amount of the requested waiver is de minimis in nature and not subsidized from other facility fees.

LET IT BE FURTHER RESOLVED, the City Council of the City of Lathrop does hereby waive facility fees for the use of the Scott Brooks Gymnasium on July 22, 2023 in the amount of $1, 137. 82 including the facility rental fees and the associated cost for staffing.
196
The foregoing resolution was passed and adopted this 12t" day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
1:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 197
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Lathrop Parks & Recreation 390 Towne Centre Drive — Lathrop, CA 95330 Phone ( 209) 941- 7360 — Fax ( 209) 941- 7219
www. ci, lathroo. ca. us

FACILITY RENTAL FEE WAIVER REQUEST FORM
Organization Name: / ( f I, c.- Rt' NC S PE;
Contact Name: C.eSta.r' M A ib4v10 Email:

Type of Organization: 501( c) 3, 501( c) 4, Governmental Agency, C Other; please specify: rJ , C A
L'6,-T W ro oP
Dates) of event: uL _ Facility( s) requested: COMMtpJrCy CWCR Name and Purpose of Event: G 0,- c t7 tJ 0F: S) S' Tfk UTY RELATIO Q W F-: W t9u L.0 L- t Kr-- -To A SiC 1 0— C-- Ty oe ATM P' t'D virm 114 r SS-:•- tom9 ( 1AA g7'
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r 6kCAvjtTA- i- t- vTTrMT9 iN l,PtiN+ Describe Frequency of Event:, 4"3als l" \j Ni.Q I have read
the Facility Rental Fee Waiver policy. Iam applying for afee waiver based on the understanding and belief that my organization qualifies based oncriterion identified in the Facility Fee Waiver Policy. Signature:

Printed Name:

EMIR
Date: MA)( 3
4 2D2- J'
Title:{
199
f
Cify 0

PARKS, RECREATION, E --

MAINTENANCE SERVICES
WE C. A. R. E.

Indoor Facility Reservation Permit Form Fare
City of Lathrop Parks, Recreation and Maintenance Services 15557 Fifth Street, Lathrop CA, 95330 1 Phone: 209. 941. 7370 13,e et
lathrop. recdesk. com/ parksrec
instructions
IRE
All sections must be filled out completely. Please print clearly.

Deposits are due upon application submittal.

All reservation requests must be made 30 days prior to the reservation date.

All remaining permit fees are due in full within five ( 5) business days of application approval.

Applicant
Applicant/ Contact Name:

Organization Na /
Non Profit Status 501( c)( 3):

City: State: Zip: Resident:

Address:

Primary Phone:

Email ( Required
Rental Information
Facility Location:

SCOTT BROOKS GYMNASIUM
Select Your Time:
10 AM- 10 PM) 8 Hour Rental Cot: $ 1, 000 Resident Discount Price: $ 640 of Gv cYL 4, —
Even Rental ate Requ sted: Event Detailed Desc/ription:

Name of D. J./ Band ( If Applicable):

Name of Catering Company ( If Applicable):?
Health Permit Included? Yes No
Layout Options: nSEMINAR n SOCIAL/ FORMAL BUFFET STYLE DANCE FLOOR Rental Includes: Tables, Chairs, Set up, Tear Down, Kitchen Insurance Provided: Yes No Security Required: Yes F1No One Security Guard per Every 100 Guests Check All That Apply
Birthday Party Family Reunion
Other ( Please Specify):

Fund Raiser First Communion Attendance Total:

Church Gathering Company Event Number of Children:

Wedding Reception Graduation Party
Number of Adult:

Baby Shower Memorial
office use only
Date Application eived: '
L
3 Application Fee: $ 25
Deposit Amount: $ 500 Security Fee: $ 35 per hour/ per guard $ Received By: 44;k
Rental Amount: $
Total Due: $ Receipt Number:

Updated 12/ 22
u
200
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fig Aw
Rrort 1rR.• Alelr zS't{ uitan, eorlardo , Su, r ar rlMatra Tea 3ae1 C: Ri .-1ose .t lhwQ. Nezue Aeas& ( 2008--2012 President) Palsy CardoLa Willie AMIWO, ' lot-ia z;asLre, Re fir. _iusto AndFc5.
201
t11 15ALAKKtINtUJ UP AMtHILA- U51n ANNIVERSARY

PURPOSES
To help each other morally, financially and spiritually in time of need and sorrow, specifically in the case of death of a member or any of his/her dependents;
To promote good relations and understanding among the members and their families and also their relationship with the rest of the community;
To promote and encourage educational, cultural and social activities that are beneficial to the membership and the community at large; To encourage and help members and their families to be lawabiding citizens or residents; To help whenever we can in any appeal of assistance from our Mothertown, Bacaira, particularly in matters which pertain to public betterment,
To cooperate with other organizations to promote collective Filipino -American welfare in the United States.
202
Acknowledgement of Rental Policies and Procedures
By initialing below, I am acknowledging that I have read each of the policies and agree to adhere to them.

Alcohol Prohibited ( Municipal Code 10. 20. 010)
We ( 1) understand that the consumption and possession of any alcoholic beverages are prohibited in all city parks and facilities.

Smoking Prohibited ( Lathrop Municipal Code 12. 30. 030) We ( 1) understand that smoking is prohibited at all parks, recreation areas, and city buildings.

Vehicular Access ( Lathrop Municipal Code 10. 20. 010)
4— We ( 1) understand that NO vehicles are permitted in city parks at any time. No exceptions.

Cancellations
We ( I) understand that ALL cancellations are subject to the $ 25 application fee. Cancellations that are made more than sixty ( 60) t
calendar days prior the reservation will receive 100% refund. Cancellations made between sixty ( 60) and thirty (30) calendar days prior to the reservation shall receive 50% refund. Cancellations_ less than thirty ( 30) calendar days prior to reservation shall FORFEIT ALL FEES.

Deposits and Fees
We ( I) understand that all deposits must be paid at the time application is submitted. All remaining permit fees are due in full within five ( 5) business days of application approval. Deposit are refundable as long as the rental adhered to all Rental Policies and Procedures L` A and there are no damages assessed.

Decorations and Clean Up
We ( 1) understand that confetti, stickers, and/ or glitter are not permitted. No duct tape, clear tape, staples, tacks, or hooks are permitted; only blue or white painters tape is allowed. The renter is responsible for taking down all decorations and removing or 11// A disposing of them properly.

Damages ---- - ---- ----
We ( 1) understand that during check - in the renter and city staff will walk through the facility and go over cleanliness, any prior damage, and room set- up before commencement of rental. If any damages are found at the completion of rental, the renter agrees that they will reimburse the City of Lathrop for all cost to repair the damages that exceed the deposit.

Insurance and Endorsement
We ( 1) understand that Insurance and an Endorsement is required at the renter' s expense.

Security --- ---
We ( 1) understand that rentals expecting up to 100 people will require security at the renter' s expense which is included in the rental L
cost. ( Please note a 1 security guard per 100 people ratio applies to all rentals).

Catering
We ( 1) understand that if catered food will be provided, I must submit the caterer' s health permit and the catering agreement. All paper work for catering must be turned in 15 days prior to reservation. Caterer must also be made aware of Policies and Procedures. Food Trucks are not permitted at City parks at any time.

Updated 12/ 22
203
eneral Liability Insurance: The undersigned shall maintain general liability insurance in an amount not less than one million dollars 1, 000,000) per occurrence for bodily injury, personal injury, and property damage. Undersigned' s general liability policies shall be endorsed to provide that City and its officers, officials, employees, agents, and Reclamation District 2062 shall be additional insureds under such policies with coverage at least as broad as ISO form CG 20 10 or CG 20 26.

Indemnity/ Hold Harmless Agreement: Undersigned shall indemnify, defend, and hold harmless the City, its officers, employees, agents, volunteers, and ( Reclamation District 2062 for field rentals) (" City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation (" claims"), arising out of the Undersigned' s performance of its obligations under this agreement or out of the operations conducted by Undersigned, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Undersigned' s performance of this agreement, the Undersigned shall provide a defense to the City indemnitees, or at the City' s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

Communicable Disease Waiver and Release: Undersigned waives and releases the City from any and all claims, causes of action, allegations, or assertions that may arise relating to infection of any person by COVID- 19 or other communicable disease that occurs, or is alleged to occur, during the event. Undersigned also agrees to defend, indemnify, and hold City harmless from any and all claims, causes of action, allegations, or assertions made against City or City' s employees arising from or relating to actual or alleged infection occurring during the event, except where caused by the sole negligence or willful misconduct of the City.

Organizations: I have read the Facility Use Policy and do hereby certify that I have been duly authorized by the above -named organization which I represent to enter into this agreement, and that the activity which the organization is sponsoring fully meets the conditions set for the herein and that we agree to observe all rules and procedures as stated.

We ( 1) have read and fully understand the Policies and Procedures set forth by the City of Lathrop Parks, Recreation and Maintenance Services Department and agree to adhere to them. We ( 1) agree that failure to comply with the aforementioned Policies and Procedures will result in permit being revoked and forfeiture of all deposits and fees paid and the City of Lathrop Parks, Recreation and Maintenance Services Department may deny any future permit requests. Furthermore, we ( 1) hereby waive, release and discharge the City, its agents, volunteers, officers, and employees ( hereinafter collectively " City") from any and all claims for damages for any loss, including but not limited to, personal injury, death, or property damage. This release is intended to discharge in advance the City from any and all liability arising out of or connected in any way, even though that liability may arise out of negligence or carelessness on the part of the released parties referenced as " City" above. v I
Renter' Name
Ilentcr , SP? n'. 1tllCe ----- --
I) rl eC> Licen, e Number
Updated 12/ 22
204
ITEM 4. 11

CITY MANAGER' S REPORT
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AGREEMENT TO ADOPT ALTERNATIVE

METHOD OF MEETING REQUIREMENTS OF

DEVELOPMENT AGREEMENT WITH SOUTH LATHROP

LAND, LLC FOR THE SOUTH LATHROP COMMERCE
CENTER
RECOMMENDATION: Adopt Resolution Approving Agreement to Adopt Alternative Method of Meeting Requirements of
Section 7. 04. 7. 1 of the Development Agreement with
South Lathrop Land, LLC for the South Lathrop
Commerce Center
SUMMARY:

On March 2, 2018, South Lathrop Land, LLC ( SLL) purchased all of Richland Developers, Inc.' s land holdings and entitlements in the South Lathrop Specific Plan SLSP) to take on the role of the master developer of the infrastructure and improvements as shown and outlined in the previously approved Specific Plan and consistent with the related Development Agreement ( DA).

Section 7. 04. 7. 1 of the DA required a SLSP trail program, which includes linear trails covering approximately 21 net acres. The trail would run along the western boundary of the project, adjacent to the levee, and incorporate a pedestrian walkway, bike trail, and passive use amenities such as benches and picnic tables ( linear park).

Staff has determined that the linear park is no longer needed in the SLSP area due to the probability of use and practicality of the location. Therefore, staff is requesting for approval of an Agreement to provide an alternative method of meeting requirements of Section 7. 04. 7. 1 of the DA ( Agreement), included as Attachment D". The alternative method includes the installation of street landscaping, trees, and fencing as shown in the plans provided by SLL ( Attachment " C").

BACKGROUND:

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

On April 18, 2016, City Council approved South Lathrop Commerce Center Vesting Tentative Parcel Map No. VTM 15- 94 with Conditions of Approval for development consistent with the SLSP. The South Lathrop Commerce Center ( SLCC) Project is generally located at the southeast portion of the City limits bounded by State Route 205
CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING

APPROVE AGREEMENT TO ADOPT ALTERNATIVE METHOD OF MEETING

REQUIREMENTS OF DEVELOPMENT AGREEMENT WITH SLL FOR SLCC 120 to the north, San Joaquin River to the west, and the Union Pacific Railroad to the south.

On March 2, 2018, South Lathrop Land, LLC ( SLL) purchased all of Richland Developers, Inc.' s land holdings and entitlements in SLSP and took on the role of master developer of the infrastructure and improvements as shown and outlined in the previously approved Specific Plan and consistent with the related DA.

Section 7. 04. 7. 1 of the DA requires the inclusion of a SLSP trail program, which encompasses linear trails spanning around 21 net acres. The trails were planned to be situated along the project' s western boundary, running parallel to the levee, and will feature a pedestrian walkway, bike trail, and various passive amenities like benches and picnic tables ( linear park).

Staff has determined that the linear park is no longer necessary or practical in the SLCC area. As a result, staff recommends Council approve the Agreement, included as Attachment " D". The alternative method includes the installation of street landscaping, trees, and fencing instead if the linear park as shown on the plans included as Attachment " C".

REASON FOR RECOMMENDATION:

The linear park in the SLCC area is no longer needed or practical; therefore, staff recommends that Council find that the park is no longer necessary or practical and to approve the Agreement to provide alternative to Section 7. 04. 7. 1 of the DA to only include the improvements shown in Attachment " C".

BUDGET IMPACT:

There is no budget impact to the City as all costs are covered by SLL and any shortfalls in the City' s maintenance and operating costs are covered by the CFD' s adopted by property owners of SLSP.

ATTACHMENTS:

A. Resolution Approving Agreement to Provide and Alternative Method of Meeting Requirements of Section 7. 04. 7. 1 of the Development Agreement with South Lathrop Land, LLC for the South Lathrop Commerce Center B. Vicinity Map - Area of Improvements
C. Approved Plans
D. Agreement with South Lathrop Land, LLC to Provide Alternative Method of Meeting Requirements of Section 7. 04. 7. 1 of the Development Agreement with South Lathrop Land, LLC for the South Lathrop Commerce Center 206

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
PAGE 3

APPROVE AGREEMENT TO ADOPT ALTERNATIVE METHOD OF MEETING

REQUIREMENTS OF DEVELOPMENT AGREEMENT WITH SLL FOR SLCC

APPROVALS
XOZ/,(
Bellal Nabizadah
Assistant Engineer
X'
2 odd astian
Parks and Recreation Director
AZ
Brad 7raylor
City Engineer
Cad Jame!
Finance Di
Michael King
Assistant City Manager
Salvador Navarrete
City Attorney
Stephen Salvatore
City Manager
5/ 23
Date
d1,6/ 2Oz3
Date
6/ 5/; 0Z3
Date
Date
Date
51- z3
Date
7- 23
Date
207
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING AGREEMENT TO PROVIDE ALTERNATIVE METHOD OF MEETING REQUIREMENTS OF SECTION 7. 04. 7. 1 OF THE DEVELOPMENT AGREEMENT

WITH SOUTH LATHROP LAND, LLC FOR THE SOUTH LATHROP COMMERCE CENTER
WHEREAS, on July 20, 2015, the South Lathrop Specific Plan ( SLSP) was adopted by City Council and annexed to the City of Lathrop on June 14, 2016. The SLSP annexation includes a 99- acre portion of the Lathrop Gateway Business Park Specific Plan and encompasses a 315- acre area that includes commercial office uses, limited industrial uses and open space; and
WHEREAS, on April 18, 2016, City Council approved South Lathrop Commerce Center ( SLCC) Vesting Tentative Parcel Map No. VTM 15- 94 with Conditions of Approval for development consistent with the SLSP. The South Lathrop Commerce Center ( SLCC) Project is generally located at the southeast portion of the City limits bounded by State Route 120 to the north, San Joaquin River to the west, and the Union Pacific Railroad to the south; and
WHEREAS, on March 2, 2018, South Lathrop Land, LLC ( SLL) purchased all of Richland Developers, Inc.' s land holdings and entitlements in SLSP and took on the role of master developer of the infrastructure and improvements as shown and outlined in the previously approved Specific Plan and consistent with the related Development Agreement ( DA); and
WHEREAS, Section 7. 04. 7. 1 of the DA requires the inclusion of a SLSP trail program, which encompasses linear trails spanning around 21 net acres. The trails were planned to be situated along the project' s western boundary, running parallel to the levee, and will feature a pedestrian walkway, bike trail, and various passive amenities like benches and picnic tables ( linear park); and WHEREAS, staff has determined that the linear park is no longer necessary or practical in the SLCC area; and
WHEREAS, as a result, staff recommends Council to find that the park is no longer necessary or practical and to approve the Agreement ( Attachment " D" to the City Manager' s Report that accompanied this resolution) to provide an alternative method for SLL to meet the requirements of Section 7. 04. 7. 1 of the DA.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop finds that the linear park is no longer necessary or practical and approves the proposed agreement with SLL included as Attachment " D" to the CMR that accompanied this resolution and authorizes the City Manager or their designee to execute the agreement to provide an alternative method for SLL to meet the requirements of Section 7. 04. 7. 1 of the DA.
208
PASSED AND ADOPTED by the City Council of the City of Lathrop this 12tn day of June 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 209

ATTACHMEN
210
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211

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ATTACHMENT
D «

AGREEMENT

TO PROVIDE AN ALTERATIVE METHOD OF MEETING REQUIREMENTS OF SECTION 7.04. 7. 1 OF THE DEVELOPMENT AGREEMENT FOR SOUTH LATHROP

COMMERCE CENTER
This Agreement to provide an alternative method of meeting requirements of Section 7.04.7. 1 of the Development Agreement for the South Lathrop Commerce Center is made and entered into on the 12th day of June 2023, by and between the CITY OF LATHROP, a municipal corporation of the State of California (hereinafter referred to as the " CITY"), and South Lathrop Land, LLC, a Delaware limited liability company ( hereinafter referred to as " SLL"), ( the " Agreement").

RECITALS
A. This Agreement is in reference to the construction of the Linear Park as part of the development of South Lathrop Commerce Center pursuant to that certain Development Agreement by and between the City of Lathrop (" City") and South Lathrop Land, LLC, a Delaware limited liability company (" South Lathrop Land") (as successor -in -interest to Richland Developers, Inc., a Delaware corporation), recorded on September 2, 2015 ( Document No. 2015- 106926) and Transfer Agreement Relating to Development Agreement dated March 2, 2018 as approved by City via Lathrop Ordinance No. 18- 390 (" DA"). Capitalized terms not defined herein shall have the meanings ascribed to them in the Development Agreement. South Lathrop Land has provided Approved Plans, which plans are attached hereto as Exhibit A ("Approved Plans").

NOW THEREFORE, City agrees to allow SLL to meet the requirements of Section

7. 04. 7. 1 of the DA by providing only the improvements shown on the Approved Plans. City acknowledges and agrees that SLL' s construction and dedication of improvements depicted on the Approved Plans and any additional reasonably necessary associated improvements (i) fully satisfy the requirements for the Modified Condition as set forth in the Development Agreement, and ( ii) comply with the Conditions of Approval on Vesting Tentative Parcel Map No. 15- 94 ( approved by the City Council on or about April 18, 2016, pursuant to Resolution No. 16- 4059).

South Lathrop Land has provided City both a performance bond and a materials and labor bond collectively referred to as the " Bonds") for the construction of the Linear Park, in accordance with the Subdivision Improvement Agreement dated September 18, 2018, between the City and South Lathrop Land (the " Subdivision Improvement Agreement"). The Bonds were calculated based on the engineer's estimate of the construction costs for the Linear Park at the time of the City's approval of the Subdivision Improvement Agreement. City agrees that upon South Lathrop Land' s completion of the construction of the improvements in accordance with the Approved Plans and acceptance of the same by the City after inspection by staff and receipt of lien releases and 230
Agreement to Modify Condition ( South Lathrop Land, LLQ Linear Park at South Lathrop Commerce Center
warranty bond, City will release bonds for the Linear Park. The bond values provided with the Subdivision Improvement Agreement for the Linear Park are $ 1, 100, 000 for performance and 550, 000 for labor and materials. City will accept a warranty bond ( the " New Bond") based on the amount determined by the City in accordance with the engineer' s estimate for this work. The New Bond shall remain in place for one ( 1) year following City's acceptance of the completed improvements, in accordance with Section 12 of the Subdivision Improvement Agreement.

South Lathrop Land and City agree that the above terms are intended to clarify certain provisions of the Development Agreement and the Subdivision Improvement Agreement based on current conditions, but do not intend to specifically amend either document. The Development Agreement and the Subdivision Improvement Agreement remain in full force and effect.

The following miscellaneous provision are applicable:
a. Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b. 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 this Agreement. 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 that 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 as described herein 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 deferral of the frontage improvements. There are no other prior oral or written agreements between the parties that are not incorporated in this Agreement regarding the timing of such frontage improvements.
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 231
Agreement to Modify Condition ( South Lathrop Land, LLQ Linear Park at South Lathrop Commerce Center
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.
k. 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.

1. Time is 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.

M. 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.
n. In the event that there are any changes to the law that make any part of this Agreement invalid, that portion of the Agreement shall be severed from the Agreement and the remaining portions of the Agreement shall remain in full force and effect.
o. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney' s fees, and costs.
232
Agreement to Modify Condition ( South Lathrop Land, LLQ Linear Park at South Lathrop Commerce Center
ATTACHMENTS:

EXHIBIT A APPROVED PLANS

EXHIBIT B AREA OF IMPROVEMENTS
233
Agreement to Modify Condition ( South Lathrop Land, LLQ Linear Park at South Lathrop Commerce Center
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 121h day of June 2023, at Lathrop, California.

ATTEST: TERESA VARGAS
City Clerk of and for the City
of Lathrop, State of California
Teresa Vargas Date
City Clerk
CITY OF LATHROP, a
municipal corporation of the
State of California
M.

Stephen J. Salvatore Date
City Manager

APPROVED AS TO ORM BY THE CITY OF LATHROP CITY ATTORNEY BY: ZG Z S
Salvador Navarrete Date
City Attorney
234
Agreement to Modify Condition ( South Lathrop Land, LLC) Linear Park at South Lathrop Commerce Center
South Lathrop Land, LLC,
a Delaware limited liability company
By: CHI West 109 South Lathrop Land, L.P.,
a Delaware limited partnership,
its managing member
By: CHI LTH GP, L.L.C..
a Delaware limited liability company,
its general partner
By:

Name:

Its:
235
Agreement to Modify Condition ( South Lathrop Land, LLQ Linear Park at South Lathrop Commerce Center
EXHIBIT " A"

APPROVED PLANS
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ITEM 4. 12

CITY MANAGER' S REPORT
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROGRAM SUPPLEMENT AGREEMENT

WITH CALTRANS FOR FEDERAL FUNDING

TOWARD LOUISE AVENUE AND MCKINLEY

AVENUE INTERSECTION IMPROVEMENTS, CIP
PS IS- 02
RECOMMENDATION: Adopt Resolution Approving Program
Supplement Agreement with Caltrans for
Federal Funding toward Louise Avenue and
McKinley Avenue Intersection Improvements
CIP PS 15- 02 and Authorize the City Manager
to Execute the Agreement
SUMMARY:

The City of Lathrop applied for funding under the Congestion Mitigation and Air Quality Improvement ( CMAQ) Program and received authorization of funds for 400, 000 toward construction of Capital Improvement Project ( CIP) PS 15- 02 for Louise Avenue and McKinley Avenue intersection improvements ( Project). The Project will widen Louise Avenue, modify lane configurations and upgrade the existing traffic signal at the intersection.

The California Department of Transportation ( Caltrans) requires the execution of a Program Supplement Agreement ( PSA) for Federal -Aid projects to be eligible to receive federal funds. The City has received PSA No. F012 ( Attachment B) that must be executed prior to requesting reimbursement of federal funding.

Staff is requesting that City Council approve PSA No. F012 with Caltrans and authorize City Manager to execute the Agreement for reimbursement of federal funds toward CIP PS 15- 02.

BACKGROUND:

In 2016, the City of Lathrop applied for federal funding under the CMAQ Program and received authorization of funds in the amount of $ 400, 000 towards the construction of CIP PS 15- 05 for Louise Avenue and McKinley Avenue intersection improvements.

Construction of the Project includes widening Louise Avenue, modifying lane configurations and upgrading the traffic signal at the intersection.

Caltrans determined the Project is California Environmental Quality Act ( CEQA) Categorical Exclusion under 23 CFR 771. 117( c): activity ( c) ( 26). On May 1, 2023, Caltrans issued the Authorization to Proceed ( E- 76) that allowed the project to move into construction phase. With environmental and design completed, the Project will commence construction this summer 2023.
259
CITY MANAGER' S REPORT PAGE 2
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR

FEDERAL FUNDING TOWARD LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02
Caltrans requires the execution of a PSA specific to each Federal - Aid project for local agencies to be eligible to receive federal funds. The PSA outlines the standards and procedures to be followed by administering agencies when requesting reimbursement of federal funds.

Staff is requesting that City Council approve PSA No. F012 with Caltrans and authorize City Manager to execute the Agreement for reimbursement of federal funds towards CIP PS 15- 02.

REASON FOR RECOMMENDATION:

Caltrans requires all local agencies to execute a project -specific PSA to be eligible for reimbursement of project costs with federal funds. The City Manager will be the representative authorized to sign on behalf of the City.

FISCAL IMPACT:

Sufficient funding was included in the adopted Fiscal Year 22/ 23 budget for CIP PS 15- 02 to offset the $ 400, 000 CMAQ grant. Thus, no fiscal impact is anticipated for the approval of the PSA No. F012 with Caltrans.

ATTACHMENTS:

A. Resolution Approving Program Supplement Agreement with Caltrans for Federal Funding toward Louise Avenue and McKinley Avenue Intersection Improvements CIP PS 15- 02 and Authorize the City Manager to Execute the Agreement B. Program Supplement Agreement No. F012 to Administering Agency - State Agreement for Federal - Aid Projects No. 10- 5456F15
260

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
PAGE 3

APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR

FEDERAL FUNDING TOWARD LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02
APPROVALS:

AA 6A Lo L3
Angel arcs Date
Assistant Engineer
A t/S%ZoZ3
Brad T ylor Date
City Engineer
J
Cari me Date
Director of nance
t. — ( 0-. 5- 7C,
Michael King Date
Assistant City Manager
Salvador Navarrele Date City
Attorney Ste
nj. Salvatore Date City
Manager
261
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR

FEDERAL FUNDING TOWARD LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS CIP PS 15- 02 AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, in 2016, the City of Lathrop applied for funding under the Congestion Mitigation and Air Quality Improvement ( CMAQ) Program and received authorization of funds for $ 400, 000 toward construction of Capital Improvement Project ( CIP) PS 15- 02 for Louise Avenue and McKinley Avenue intersection improvements ( Project); and
WHEREAS, the Project will widen Louise Avenue, modify lane configurations and upgrade the existing traffic signal at the intersection; and WHEREAS, Caltrans determined the Project is California Environmental Quality Act ( CEQA) Categorical Exclusion under 23 CFR 771. 117( c): activity ( c) 26); and
WHEREAS, on May 1, 2023, Caltrans issued the Authorization to Proceed ( E76) that allowed the project to move into construction phase. With environmental and design completed, the Project will commence construction this summer 2023; and
WHEREAS, the California Department of Transportation ( Caltrans) requires the execution of a Program Supplement Agreement ( PSA) specific to each Federal - Aid project for local agencies to be eligible to receive federal funds; and WHEREAS, the PSA outlines the standards and procedures to be followed by administering agencies when requesting for reimbursement of federal funds; and WHEREAS, the City has received the PSA No. F012 that will need to be approved and signed by a representative on the City' s behalf; and WHEREAS, staff is requesting that City Council approve the PSA No. F012 with Caltrans and authorize City Manager to execute the Agreement for reimbursement of federal funds toward CIP PS 15- 02.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the Program Supplement Agreement No. F012 with Caltrans and authorizes the City Manager to execute the Agreement for reimbursement of federal funds toward the Louise Avenue and McKinley Avenue intersection improvements CIP PS 15- 02.
262
The foregoing resolution was passed and adopted this 12' day of June 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
263

ATTACHMENT
PROGRAM SUPPLEMENT NO. F012
to

ADMINISTERING AGENCY - STATE AGREEMENT
FOR FEDERAL - AID PROJECTS NO 10- 5456F15
0 Adv. Project ID Date: May 08, 2023
1020000064 Location: 10- SJ- 0- LTRP
Project Number: CML- 5456( 020)
E. A. Number:

Locode: 5456
This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 04/23/2020 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

PROJECT LOCATION: Lathrop. improvement of the Louise Avenue and McKinley Avenue intersection including installation of left turn lanes and modified traffic signal equipment.

TYPE OF WORK: Turning Lane. installation of left turn lanes and modified traffic LENGTH: 0. 0( MILES) signal equipment.

Estimated Cost Federal Funds Matching Funds
1, 586, 730. 15
Y003 $ 400, 000. 00 LOCAL
1, 186, 730. 15
OTHER

0. 00

CITY OF LATHROP STATE OF CALIFORNIA
Department of Transportation
By By
Title Chief, Office of Project Implementation
Date Division of Local Assistance
Attest Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance Accounting Officer Imm Date 5/ 8/ 2023 400, 000. 00
Program Supplement 10- 5456F15- F012- ISTEA Page 1 of 7 264
10- SJ- 0- LTRP
CML- 5456( 020)

SPECIAL COVENANTS OR REMARKS

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase( s) with an " Authorization to Proceed" and will not proceed with future phase( s) of this project prior to receiving an " Authorization to Proceed" from the STATE for that phase( s) unless no further State or Federal funds are needed for those future phase( s).

C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved " Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.

D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15. 7 " Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE' s approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/ obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six- month period.

If no costs have been invoiced for a six- month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a " Report of Expenditures" within one hundred eighty ( 180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a " Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.

Program Supplement 10-5456F15- F012- ISTEA Page 2 of 7
265
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CML-5456( 020)

SPECIAL COVENANTS OR REMARKS
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal -assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U. S. C. 1001 and/ or the Program Fraud Civil Remedies Act of 1986 ( 31 U. S. C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller' s Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department' s Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department' s Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department' s Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www. sam. gov.

Program Supplement 10- 5456F15- F012- ISTEA Page 3 of 7 266
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SPECIAL COVENANTS OR REMARKS

2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as " LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency' s progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/ or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/ Indirect Cost Rate Proposals ( ICAP/ ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ ICRP approval procedures established by STATE.

E. STATE will withhold the greater of either two ( 2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $ 40, 000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration ( DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty ( 30) days of such invoice.

Program Supplement 10-5456F15- F012- ISTEA Page 4 of 7
267
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CM L- 5456( 020)

SPECIAL COVENANTS OR REMARKS
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code ( PCC) 10300- 10334 ( procurement of goods), PCC 10335- 10381 ( non- A& E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY' S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.

All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three ( 3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
Program Supplement 10- 5456F15- F012- ISTEA Page 5 of 7 268
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CML- 5456( 020)

SPECIAL COVENANTS OR REMARKS
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $ 750, 000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY' s annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5, 000, construction contracts over $ 10, 000, or other contracts over $ 25, 000 [ excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 ( d), ( e) and ( f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

3. Appendix E of the Title VI Assurances ( US DOT Order 1050. 2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY' S contractors and subcontractor, ( hereinafter referred to as the contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 ( 42 U. S. C. 2000d et seq., 78 stat. 252), ( prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, ( 42 U. S. C. 4601), ( prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); C. Federal -Aid Highway Act of 1973, ( 23 U. S. C. 324 et seq.), ( prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, ( 29 U. S. C. 794 et seq.), as Program Supplement 10- 5456F15- F012- ISTEA Page 6 of 7 269
10- SJ- 0- LTRP
CM L- 5456 ( 020)

SPECIAL COVENANTS OR REMARKS
amended, ( prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, ( 42 U. S. C. 6101 et seq.), ( prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, ( 49 U. S. C. 4 71, Section 4 7123), as amended, ( prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, ( PL 100- 209), ( Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms programs or
activities" to include all of the programs or activities of the Federal - aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities ( 42 U. S. C. 12131- 12189) as implemented by Department of Transportation regulations at 49 C. F. R. parts 37 and 38; I. The Federal Aviation Administration' s Nondiscrimination statute ( 49 U. S. C. 47123) ( prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency ( LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs ( 70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities ( 20 U. S. C. 1681 et seq).

Program Supplement 10- 5456F15- F012- ISTEA Page 7 of 7 270
ITEM 4. 13

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER NO. 1 WITH
TIM PAXIN' S PACIFIC EXCAVATION INC. DBA

PACIFIC EXCAVATION FOR THE FIBER OPTIC

SPLICING AND TERMINATIONS INTO THE TRAFFIC
SIGNAL NETWORK CABINETS, CIP PS 23- 01
RECOMMENDATION: Adopt Resolution Approving Contract Change Order No. 1 with Tim Paxin' s Pacific Excavation Inc. dba
Pacific Excavation for the Fiber Optic Splicing and
Terminations into the Traffic Signal Network
Cabinets, CIP PS 23- 01
SUMMARY:

On December 12, 2022, Council awarded a construction contract to Tim Paxin' s Pacific Excavation Inc. ( Pacific Excavation) for the installation of 17 new City -provided NEMA 3 traffic signal network cabinets throughout the City to provide City network connection at the major intersections. The new traffic signal network cabinets will house the equipment necessary to connect the intersection cameras, traffic signal controller, and Iteris detection systems to the City' s network for monitoring, maintenance and optimization.

Staff is requesting City Council approve Contract Change Order No. 1 ( CCO 1) with Pacific Excavation for time and materials not to exceed the amount of $ 120, 000 for the additional work identified on this project. CCO 1 consists of splicing fiber optic cable from identified points of connection and terminating it into the existing traffic signal network cabinets for 14 of the 17 locations previously identified, which will provide network access for the traffic signal and surveillance equipment. The 3 other locations will be equipped with air fiber communications due to their distance from the City' s existing network.

BACKGROUND:

On July 11, 2022, Council approved the creation of Capital Improvement Project ( CIP) PS 23- 01 for City -Wide Traffic Systems and Safety Upgrades Project for various upgrades that will maintain and improve the reliability, safety and function of various traffic control devices.

SPLICING AND TERMINATIONS INTO THE TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01
Staff is requesting City Council approve Contract Change Order No. 1 ( CCO 1) with Pacific Excavation for time and materials not to exceed the amount of $120, 000 for the additional work identified for this project. CCO 1 consists of splicing fiber optic cable from identified points of connection and terminating it into the existing traffic signal network cabinets, which will provide network access for the traffic signal and surveillance equipment.

REASON FOR RECOMMENDATION:

The proposed change order with Pacific Excavation will advance CIP PS 23- 01 City - Wide Traffic Systems and Safety Upgrades Project, and improve the reliability, safety and function of various traffic control devices.

FISCAL IMPACT:

No Fiscal Impact, sufficient funds were included in FY 22/ 23 budget for Change Order No. 1 for time and materials with Pacific Excavation for $ 120, 000.

ATTACHMENTS:

A. Resolution Approving Contract Change Order No. 1 with Tim Paxin' s Pacific Excavation Inc. dba Pacific Excavation for the Fiber Optic Splicing and Terminations into the Traffic Signal Network Cabinets, CIP PS 23- 01 B. Change Order No. 1 with Tim Paxin' s Pacific Excavation Inc. dba Pacific Excavation
C. Pacific Excavation Inc. Time and Material Report
272
CITY MANAGER' S REPORT PAGE 3
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER NO. 1 WITH TIM PAXIN' S PACIFIC EXCAVATION INC. DBA PACIFIC EXCAVATION FOR THE FIBER OPTIC

SPLICING AND TERMINATIONS INTO THE TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01
APPROVALS:

Carlos Carrillo
Management Analyst
Ken Reed
Senior Construction Manager
Brad ylor
Cit)A Engineer
Cari James
Finance Dir
Michael King
Assistant City Manager
3—
Salvador Navarrete
City Attorney
St p en J. Salvatore
City Manager
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273
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 THE FIBER OPTIC

SPLICING AND TERMINATIONS INTO THE TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01
WHEREAS, on July 11, 2022, Council approved the creation of Capital Improvement Project ( CIP) PS 23- 01 for City -Wide Traffic Systems and Safety Upgrades Project for various upgrades that will maintain and improve the reliability, safety and function of various traffic control devices; and WHEREAS, on December 12, 2022, Council awarded a construction contract to Tim Paxin' s Pacific Excavation Inc. ( Pacific Excavation) for the installation of 17 new City -provided NEMA 3 traffic signal network cabinets for various traffic intersections throughout the City; and
WHEREAS, staff is requesting City Council approve Contract Change Order No. 1 ( CCO 1) with Pacific Excavation for time and materials not to exceed the amount of $ 120, 000 for the additional work identified for this project; and WHEREAS, CCO 1 consists of splicing fiber optic cable from identified points of connection and terminating it into the existing traffic signal network cabinets, which will provide network access for the traffic signal and surveillance equipment; and
WHEREAS, the proposed change order with Pacific Excavation will advance CIP PS 23- 01 City -Wide Traffic Systems and Safety Upgrades Project, and improve the reliability, safety and function of various traffic control devices; and WHEREAS, no fiscal impact, sufficient funds were included in FY 22/ 23 budget for CCO 1 for time and materials with Pacific Excavation not to exceed $ 120, 000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves Contract Change Order No. 1 with Pacific Excavation for time and materials not to exceed $ 120, 000.
274
The foregoing resolution was passed and adopted this 12th day of June 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
3:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 275
CHANGE ORDER NO. 1 ATTACHMENT v & n
Installation of Traffic Signal Network Cabinets, CIP PS 23-01 City of Lathrop CONTRACT CHANGE ORDER NO. 1
INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01 Contractor: Tim Paxin' s Pacific Excavation Inc. dba Pacific Excavation Address: 9796 Kent Street,
Elk Grove, CA 95624
Change Order Date: June 12, 2023
Notice to Proceed Date: February 3, 2023
Contract Execution Date: December 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 December 12, 2022.

CHANGES IN THE SPECIFICATIONS
A. None

ADDITION( S)/ SUBTRACTION( S) TO CONTRACT
ITEM
NO.

DESCRIPTION QTY UNIT UNIT
PRICE
TOTAL
1 Fiber Optic splicing and terminations into the
Traffic Signal Network boxes, time and
materials
1 LS 120, 000 120, 000
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER 1 120, 000 ORIGINAL CONTRACT AMOUNT 135, 825. 00
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 1 255, 825. 00

END OF CHANGES)

DESCRIPTION OF WORK
See " II. ADDITION( S)/ SUBTRACTION( S) TO CONTRACT." The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order. Time and Material Rates are detailed in attached Exhibit A.

TIME OF COMPLETION
The extra work will increase the time frame of the original contract by 60 working days. 276
CHANGE ORDER NO. 1
Installation of Traffic Signal Network Cabinets, CIP PS 23- 01 City of Lathro

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. 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)
277
CHANGE ORDER NO. 1
Installation of Traffic Signal Network Cabinets, CIP PS 23- 01 Approved As
To Form:

Salvador Navarrete
City Attorney
City of Lathrop
Recommended
By:

Michael King
Assistant City Manager
City of Lathrop
Approved By:

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

Tim Paxin' s Pacific Excavation Inc.
dba Pacific Excavation
Print Name and Title
Citv of Lathro
5 . zz- zoz3
Date
Date
Date
Date
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279
Equipment List Active Records
Using CTERM23 for Job 2023- 2249 on 0511112023Tim Paxin'sPacific Excavation, Inc. Equip List Equipment Description Class Make Model RT Rate OT Rate OOOA Barricades W/O
Flashers TRAFC 1 BAR A2 0. 28 0. 28 0006 Reflective Cones TRAFC 2TC B100 16. 88 16. 88 OOOC Reflective Delineators TRAFC 3DEL 100 27. 68 27. 68 OOOD Flag / Sign Stands
TRAFC 6FSS EACH 3. 13 3.13 000E Jumping Jack COMHG
COMP 250 12. 18 9.87 OOOX Traffic Control Signs
TRAFC SIGN 24X24 0. 41 0.41 000Z Portable Flashing Beacon TRAFC 5BEA 12V 6. 93 6. 93 002 1986 TK Equipment
Trailer TRAIL LB -A100 17. 61 11. 45 009 1996 IR Compressor AIRCP PORT 016-025 28. 53 24.82 009A 90 LB. Jack
Hammer AIRTO ATOL 60 1. 73 0. 73 009B Clay Spade AIRTO
ATOL 20-30 0. 97 0.41 009C Tamper AIRTO ATOL
10- 20 0. 53 0.22 011 1997 Lk Equipment
Trailer TRAIL LB -A100 17. 61 11. 45 019 1998 Utility Trailer TRAIL LB -A100 17. 61 11. 45 020 1998 International Dump Truck TRUCK T&TT 20- 28 57. 71 50. 79 021 1998 Ir Compressor AIRCP PORT 016- 025 28. 53 24.82 021 A 90 Lb
Jack Hammer AIRTO ATOL 60 1. 73 0. 73 021 B Clay Spade
AIRTO ATOL 20-30 0. 97 0.41 021C Tamper AIRTO ATOL
10- 20 0. 53 0.22 022 1998 Chevy Crew
Truck TRUCK T&TT 12- 20 54. 71 48. 15 022A Honda Generator ELGEN GEN 003-008 5. 76 5.07 023 1998 Chevy Crew
Truck TRUCK T&TT 12- 20 54. 71 48. 15 023A Honda Generator ELGEN GEN 003-008 5.76 5.07 024 1998 IR Compressor
AIRCP PORT 016- 025 28. 53 24.82 024A 901b Jackhammer AIRTO ATOL 60 1. 73 0.73 024E Clay Spade AIRTO
ATOL 20-30 0. 97 0.41 024C Tamper AIRTO ATOL
10- 20 0. 53 0.22 025 1998 Chevy Extended
Crew Truck TRUCK T&TT12- 20 54. 71 48. 15 025A Honda Generator ELGEN GEN 003-008 5. 76 5.07 026 1998 Chevy Crew
Truck TRUCK T&TT 12- 20 54. 71 48. 15 026A Honda Generator ELGEN GEN 003-008 5. 76 5.07 027 1998 IR Compressor
AIRCP PORT 016-025 28. 53 24. 82 027A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73 027B Clay Spade AIRTO
ATOL 20-30 0. 97 0.41 027C Tamper AIRTO ATOL
10- 20 0. 53 0.22 028 1999 Izusa Delivery
Truck TRUCK T&TT12- 20 54. 71 48. 15 029 1999 Chevy Dump Truck TRUCK T&TT 12- 20 54. 71 48. 15 030 1999 Arrow Board Trailer TRAFA FLAS TM 4. 46 3. 12 031 1999 Toyota 4
Runner TRUCK T&TT 00- 06 37. 61 33. 10 032 1992 Bucket Truck TRUCK T&TT 20- 28 57. 71 50. 79 032A 50 Ft Hydraulic
Lift HYLFT BOOM 25-49 47. 00 37.13 033 Skidsteer Loader TRACS 50 B47. 35 42. 14 034 1994 10 Wheel
Dump Truck TRUON TRUN 3AXL 93. 59 77. 68 035 1999 Chevy Dump Truck TRUCK T&TT 12- 20 54. 71 48. 15 5/11/ 2023 3:
22PM Copyright 1996- 2023. Nice Touch Solutions, Inc. 035 Page 1 280
Equipment List Active Reccids
Using CTERW3 for Job 2023- 2249 on 0511112023
Tim Paxin' s Pacific Excavation, Inc.

Equip List
Equipment Description Class Make Model RT Rate OT Rate
037 1994 Case Trencher TRENC CASE 9465 48.07 43. 26
039A Tack Oil Pot ( Bituminous) BITDT TLMD 0-300 9. 03 7. 95 040 1999 Chevy Crew Truck TRUCK T&TT 12- 20 54.71 48. 15 040A Honda Generator ELGEN GEN 003- 008 5. 76 5. 07
041 1996 F450 Mechanic Truck TRUCK T& TT 12- 20 54. 71 48. 15 043 Zieman Trailer TRAIL LB -A 100 17. 61 11. 45
044 Crafco Hot Melt Machine BITDT TLMD 0-300 9.03 7.95
045 2000 Chevy Dump Truck TRUCK T&TT 12- 20 54.71 48. 15 046 2000 F150 TRUCK T& TT 00- 06 37.61 33. 10
047 2000 Chevy Silverado TRUCK T& TT 06- 12 42.39 37.30 048 1994 Ford Dump Truck TRUCK T& TT 12- 20 54. 71 48. 15 049 2000 Chevy Crew Truck TRUCK T&TT 12- 20 54.71 48. 15 050 2000 IR Compressor AIRCP PORT 016- 025 28. 53 24. 82 050A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
050B Clay Spade AIRTO ATOL 20- 30 0.97 0. 41
050C Tamper AIRTO ATOL 10- 20 0.53 0. 22
051 Arrowboard Trailer TRAFA FLAS TM 4. 46 3. 12
052 Case Skidsteer Loader TRACS 50 B 47. 35 42. 14
052A Grinder TRACS 50 BLADE 2. 50 2. 50
053 2000 Chevy Dump Truck TRUCK T& TT 12- 20 54. 71 48. 15 053A Honda Generator ELGEN GEN 003- 008 5. 76 5. 07
054 2000 Ford Dump Truck TRUCK T& TT 12- 20 54. 71 48. 15 055 2000 Ford F250 TRUCK T&TT 06- 12 42.39 37. 30
056 2000 Zieman Trailer TRAIL LB -A 100 17. 61 11. 45
057 2000 IR Compressor AIRCP PORT 016- 025 28. 53 24. 82 057A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
057B Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
057C Tamper AIRTO ATOL 10- 20 0. 53 0.22
058 Welder Threader Trailer TRAIL LB -A 100 17. 61 11. 45 059 1996 Peterbuilt Dump Truck TRUON TRUN 3AXL 93. 59 77.68 060 416 Cat Backhoe LDRRT CAT 1861 A 58. 43 52. 00
062 Skip Loader LDRRT FORD 3054 43. 86 39. 04
063 2001 Chevy Silverado TRUCK T& TT 06- 12 42. 39 37.30 064 2001 Carson Trailer TRAIL LB -A 100 17. 61 11. 45
065 2000 F650 Delivery Truck TRUCK T&TT 20- 28 57. 71 50. 79 066 2001 Carson Trailer TRAIL LB -A 100 17. 61 11. 45
067 2000 Chevy Dump Truck TRUCK T& TT 12- 20 54. 71 48. 15 068 IR Compressor AIRCP PORT 016- 025 28. 53 24.82
068A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
068B Clayspade AIRTO ATOL 20- 30 0. 97 0. 41
068C Tamper AIRTO ATOL 10- 20 0. 53 0. 22
069 Bucket Truck TRUCK T&TT 20- 28 57. 71 50. 79
069A 40' Hydraulic Lift HYLFT BOOM 25- 49 47.00 37. 13
070 Ditch Witch Trencher TRENC D- W 5677 54. 91 49. 42
5/ 11/ 2023 3:22PM Copyright 1996-2023. Nice Touch Solutions, Inc. 070 Page 2 281
Equipment List Active Records
Using CTERM23 for Job 2023. 2249 on 0511112023
Tim Paxin' s Pacific Excavation, Inc.

Equip Usl
Equipment Description Class Make Model RT Rate OT Rate
071 Ingersoll Rand Compressor AIRCP PORT 016- 025 28. 53 24.82 071A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
071 B Clayspade AIRTO ATOL 20- 30 0. 97 0. 41
071C Tamper AIRTO ATOL 10- 20 0. 53 0. 22
072 Chevy Dump Truck TRUCK T& TT 12- 20 54. 71 48. 15
072A Honda Generator ELGEN GEN 003- 008 5. 76 5.07
073 1999 Chevy Crew Truck TRUCK T&TT 12- 20 54. 71 48. 15 073A Honda Generator ELGEN GEN 003- 008 5. 76 5. 07
074 Chevy Crew Truck TRUCK T&TT 12- 20 54. 71 48. 15
074A Honda Generator ELGEN GEN 003- 008 5. 76 5.07
075 1991 GMC TRUCK TRUCK T& TT 00- 06 37. 61 33. 10
077 1994 Ford Truck TRUCK T& TT 12- 20 54. 71 48. 15
078 2001 Trailmax Equipment Trailer TRAIL LB -A 100 17. 61 11. 45 079 2001 Forklift FKLFT FLT 040- 060 50. 30 39. 74
080 2000 Chevy Crew Truck TRUCK T& TT 12- 20 54. 71 48. 15 080A Honda Generator ELGEN GEN 003- 008 5. 76 5. 07
081 800 Diesel Vactron VACDB VTRN 80ODT 30. 20 23. 25
082 Arrowboard Trailer TRAFA FLAS TM 4. 46 3. 12
083 Arrowboard Trailer TRAFA FLAS TM 4.46 3. 12
084 Light Towers ELGEN LITE 4 LIGHT 10. 91 9. 60
085 Light Towers ELGEN LITE 4 LIGHT 10. 91 9. 60
086 Carson Trailer TRAIL LB -A 100 17. 61 11. 45
087 IR Compressor AIRCP PORT 016- 025 28.53 24. 82
087A 90 Lb Jackhamer AIRTO ATOL 60 1. 73 0. 73
087B Clayspade AIRTO ATOL 20- 30 0. 97 0. 41
087C Tamper AIRTO ATOL 10- 20 0. 53 0. 22
088 2002 F550 Dump Truck TRUCK T& TT 20- 28 57. 71 50. 79 088A Honda Generator ELGEN GEN 003- 008 5.76 5. 07
089 2002 F450 Crew Truck TRUCK T&TT 12- 20 54. 71 48. 15 089A Honda Generator ELGEN GEN 003- 008 5. 76 5. 07
090 2002 Skidsteer Loader TRACS 50 B 47. 35 42. 14
091 2002 Freightliner Dump Truck TRUCK T& TT 20- 28 57. 71 50. 79 093 2003 Ford F550 TRUCK T& TT 20- 28 57. 71 50. 79
094 2002 Ingersoll Rand Compressor AIRCP PORT 016- 025 28. 53 24. 82 094A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
094E Clayspade AIRTO ATOL 20-30 0. 97 0. 41
094C Tamper AIRTO ATOL 10- 20 0. 53 0. 22
095 2002 Chevy Dump Truck TRUCK T&TT 20- 28 57. 71 50. 79 096 2002 Chevy Crew Truck TRUCK T& TT 20- 28 57. 71 50. 79 096A Honda Generator ELGEN GEN 003- 008 5. 76 5. 07
097 2002 Trailmax Trailer TRAIL LB -A 100 17. 61 11. 45 098 2002 Trailmax Trailer TRAIL LB -A 100 17. 61 11. 45 099 2001 GMC Dump Truck TRUCK T&TT 20- 28 57. 71 50. 79 100 2003 Ingersoll Rand Compressor AIRCP PORT 016-025 28. 53 24. 82 5/ 11/ 2023 3: 22PM Copyright 1996- 2023. Nice Touch Solutions, Inc. 100 Page 3 282
Equipment List Active Records
Using CTERM23 for Job 2023- 2249 on 05/ 1112023
Tim Paxin' s Pacific Excavation, Inc.

Equip List
Equipment Description Class Make Model RT Rate OT Rate
101 2002 Ford Superduty Truck TRUCK T&TT 12- 20 54. 71 48. 15 102 2003 Trencher TRENC D- W 5677 54. 91 49.42
103 2003 Ingersoll Rand Compressor AIRCP PORT 016- 025 28. 53 24. 82 103A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
103B Clayspade AIRTO ATOL 20-30 0. 97 0. 41
103C Tamper AIRTO ATOL 10- 20 0.53 0. 22
104 2003 GMC Yukon TRUCK T& TT 00- 06 37. 61 33. 10
105 2003 Land Rover HSE TRUCK T& TT 00- 06 37. 61 33. 10 106 2002 Ingersoll Rand Compressor AIRCP PORT 016- 025 28. 53 24. 82 107 2003 Ford F550 Saw Truck TRUCK T& TT 20- 28 57. 71 50. 79 107A Concrete Saw SAWCO ABOP 33- 45 23. 29 19. 56
107B Saw Blades SAWCO ABSK LF- INDE 0. 18 0. 15
108 2003 International Flatbed TRUCK T& TT 20- 28 57. 71 50. 79 109 Peterbilt 10- Wheel Dump Truck TRUON TRUN 3AXL 93. 59 77. 68 110 Ford F550 Dump Truck TRUCK T& TT 20- 28 57. 71 50. 79 111 Ford F550 Dump Truck TRUCK T& TT 20- 28 57. 71 50. 79 112 Arrowboard Trailer TRAFA FLAS TM 4.46 3. 12
113 Arrowboard Trailer TRAFA FLAS TM 4. 46 3. 12
114 2004 Ford Crew Truck TRUCK T&TT 12- 20 54. 71 48. 15 115 2004 Boom Truck HCETD ROP 6876 69.05 61. 46
117 2005 Skidsteer Loader TRACS 50 B 47. 35 42. 14
118 2005 Skidsteer Loader TRACS 50 B 47. 35 42. 14
119 2005 F550 Truck TRUCK T& TT 20- 28 57. 71 50. 79
120 Bucket Truck TRUCK T& TT 20- 28 57. 71 50.79
120A 40' Hydraulic Lift HYLFT BOOM 25- 49 47. 00 37. 13 121 Trailmax Trailer TRAIL LB -A 100 17. 61 11. 45
122 Coleman Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60 123 Coleman Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60 124 Interstate Equipment Trailer TRAIL LB -A 100 17. 61 11. 45 125 Water Dolly TRAIW WATR H2O1 2. 75 2. 04
126 Water Dolly TRAIW WATR 50OWYL 3. 47 2. 57
128 Ver- Mac Arrowboard TRAFA FLAS TM 4. 46 3. 12
129 1992 GMC Truck TRUCK T& TT 00- 06 37. 61 33. 10
131 2005 F550 Safety Closure Truck TRUCK T& TT 20- 28 57. 71 50. 79 132 2005 IR Compressor AIRCP PORT 016- 025 28. 53 24. 82 132A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
132B Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
132C Tamper AIRTO ATOL 10- 20 0. 53 0. 22
134 2002 F550 Dump Truck TRUCK T& TT 20-28 57.71 50. 79 135 Vactron VACDB VTRN 80ODT 30. 20 23. 25
136 IR Compressor AIRCP PORT 016- 025 28. 53 24.82
136A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
136B Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
136C Tamper AIRTO ATOL 10- 20 0. 53 0. 22
5/ 11/ 2023 3: 22PM Copyright 1996- 2023. Nice Touch Solutions, Inc. 136C Page 4 283
Equipment List Active Records
Using CTERM23 for Job 2023- 2249 on 05/ 1112023
Tim Paxin' s Pacific Excavation, Inc.

Equip List
Equipment Description Class Make Model FIT Rate OT Rate 137 IR Compressor AIRCP PORT 016- 025 28. 53 24. 82
137A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
137B Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
137C Tamper AIRTO ATOL 10- 20 0. 53 0. 22
138 IR Compressor AIRCP PORT 016- 025 28. 53 24. 82
138A 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
138B Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
138C Tamper AIRTO ATOL 10- 20 0. 53 0. 22
139 2002 F350 Dump Truck TRUCK T& TT 12- 20 54. 71 48. 15 140 Trencher Backhoe Combo TRENC D- W 5565 96. 62 86. 96 141 420 D Backhoe LDRRT CAT 1861 M4 63. 25 56. 29
142 Equipment Trailer TRAIL LB -A 100 17. 61 11. 45
143 2006 F550 Dump Truck TRUCK T& TT 20- 28 57. 71 50. 79 144 2006 F550 Dump Truck TRUCK T& TT 20-28 57. 71 50. 79 145 Ford Truck TRUCK T&TT 20- 28 57. 71 50. 79
146 Ingersoll Rand Compressor AIRCP PORT 016- 025 28. 53 24.82 147 Ingersoll Rand Compressor AIRCP PORT 016- 025 28. 53 24.82 148 2007 Ford Truck TRUCK T& TT 20- 28 57. 71 50. 79
149 2007 Ford Truck TRUCK T& TT 12- 20 54.71 48. 15
150 Bomag Roller ROVIB BMAG 1325C 41. 74 35. 48
152 430 D Cat Backhoe LDRRT CAT 1865D 74. 41 66. 23
153 430 D Cat Backhoe LDRRT CAT 1865D 74. 41 66. 23
154 02 Peterbilt 10 Wheeler TRUON TRUN 3AXL 93. 59 77. 68 155 07 IR Compressor AIRCP PORT 016- 025 28. 53 24. 82
156 07 IR Compressor AIRCP PORT 016- 025 28. 53 24. 82
157 07 IR Compressor AIRCP PORT 016- 025 28. 53 24. 82
158 07 IR Compressor AIRCP PORT 016- 025 28. 53 24. 82
159 07 Trailmax Trailer TRAIL LB -A 100 17. 61 11. 45
160 Hot Melt Super Shot 125 BITDT HOME P7SH 19. 62 16. 87 161 07 Chevy Ext Cab TRUCK T&TT 06- 12 42.39 37. 30
162 2007 Chevy Ext Cab TRUCK T&TT 06- 12 42. 39 37. 30
163 97 Bucket Truck TRUCK T& TT 20- 28 57. 71 50. 79
163A 50' Hydraulic Lift HYLFT BOOM 25-49 47. 00 37. 13
164 07 F550 Dump Truck TRUCK T& TT 20- 28 57. 71 50. 79 165 Allmand Arrow Baord TRAFA FLAS TM 4.46 3. 12
166 Allmand Arrow Board TRAFA FLAS TM 4. 46 3. 12
167 1999 Ford F250 TRUCK T& TT 12- 20 54. 71 48. 15
168 Skyjack Scissor Lift HYLFT SCIS 31- 50 38. 87 30.71 169 2008 Chevy Truck TRUCK T& TT 12- 20 54. 71 48. 15
170 Wire Trailer TRAIL LB -A 100 17. 61 11. 45
171 2005 F550 BUCKET TRUCK TRUCK T&TT 20- 28 57. 71 50. 79 171A HYDRAULIC LIFT HYLFT BOOM 25- 49 47.00 37. 13
172 2008 DODGE RAM 1500 TRUCK TRUCK T& TT 06- 12 42.39 37. 30 173 2008 DODGE RAM 1500 TRUCK TRUCK T&TT 06- 12 42. 39 37. 30 5/ 11/ 2023 3:22PM Copyright 1996- 2023. Nice Touch Solutions, Inc. 173 Page 5 284
Equipment List Active Records
Using CTERM23 for Job 2023-2249 on 0511112023
Tim Paxin' s Pacific Excavation, Inc.

Equip Lisl
Equipment Description Class Make Model FIT Rate OT Rate 174 2008 DODGE RAM 1500 TRUCK TRUCK T&TT 06- 12 42. 39 37. 30 175 2008 DODGE 5500 SAFETY TRUCK TRUCK T&TT 20- 28 57. 71 50. 79 176 2007 FORD DELIVERY TRUCK TRUCK T& TT 20- 28 57. 71 50. 79 177 2008 CHEVY SILVERADO TRUCK T& TT 12- 20 54. 71 48. 15 178 VACTRON VACDB PTEK PV500D 44. 77 34. 47
179 2006 MAGNUM LIGHT TOWER ELGEN LITE 4 LIGHT 10. 91 9. 60 180 2006 MAGNUM LIGHT TOWER ELGEN LITE 4 LIGHT 10. 91 9. 60 181 2006 MAGNUM LIGHT TOWER ELGEN LITE 4 LIGHT 10. 91 9. 60 182 2006 MAGNUM LIGHT TOWER ELGEN LITE 4 LIGHT 10. 91 9. 60 183 2006 INTERNATIONAL SAW TRUCK TRUCK T& TT 20- 28 57. 71 50.79 183A CONCRETE SAW SAWCO ABOP 45- 65 27.76 23. 32
183B VACTRON VACDB HOME SS 54. 15 36. 28
184 2006 PETERBILT DUMP TRUCK TRUON TRUN 3AXL 93. 59 77. 68 186 2006 International Truck TRUCK T&TT 28- 36 63. 46 55. 85 187 2009 Dodge Bucket Truck TRUCK T& TT 20- 28 57. 71 50. 79 187A Hydraulic Lift HYLFT BOOM 25- 49 47.00 37. 13
189 2007 Gmc Water Truck TRUCK T& TT 20- 28 57. 71 50. 79 191 2008 Dodge 5500 Truck TRUCK T& TT 20- 28 57. 71 50. 79 192 Silent Sentinel Arrowboard TRAFA FLAS TM 4. 46 3. 12 193 2009 Ram1500 TRUCK T& TT 06- 12 42. 39 37. 30
194 Bucket Truck TRUCK T& TT 20- 28 57. 71 50. 79
194A Hydraulic Lift HYLFT BOOM 25- 49 47. 00 37. 13
195 420E Cat Backhoe LDRRT CAT 1861M4 63. 25 56. 29
196 420E Cat Backhoe LDRRT CAT 1861 M4 63. 25 56. 29
196A Breaker Attachment HAMMR STAN 1120 27. 32 21. 86
197 Diesel Vactron VACDB VTRN LP573 65.85 54. 00
198 Case Skidsteer TRACS 50 B 47. 35 42. 14
199 Case Skidsteer TRACS 50 B 47.35 42. 14
200 Roller ROL- 2 FERG 4048 26. 21 23.85
200A Breaker Attachment HAMMR STAN 1120 27. 32 21. 86
201 2007 Case 48" Roller ROVIB CASE 2510 60. 84 51. 71
204 2010 Peterbilt 10 Wheel Dump TRUON TRUN 3AXL 93. 59 77. 68 205 2009 Peterbilt 10 Wheel Dump TRUON TRUN 3AXL 93. 59 77. 68 206 2008 Peterbilt W/ National 600 Series HCETD NATL 4990 67. 21 59. 82 207 2009 Peterbilt 10 Wheel Dump TRUON TRUN 3AXL 93.59 77. 68 208 2011 Dodge Safety Truck TRUCK T& TT 20- 28 57. 71 50.79 209 Equipment Trailer TRAIL LB -A 100 17. 61 11. 45
210 Stop Sign Trailer TRAIL LB -A 100 17.61 11. 45
211 2011 F450 Crew Truck TRUCK T&TT 20-28 57. 71 50. 79 212 2011 F450 Crew Truck TRUCK T& TT 12- 20 54. 71 48. 15 213 2011 Chevy Extended Cab Truck TRUCK T& TT 06- 12 42. 39 37.30 214 Arrowboard Trailer TRAFA FLAS TM 4.46 3. 12
215 Arrowboard Trailer TRAFA FLAS TM 4. 46 3. 12
216 2012 Ford Crew Truck TRUCK T&TT 12- 20 54.71 48. 15 5/ 11/ 2023 3: 22PM Copyright 1996- 2023. Nice Touch Solutions, Inc. 216 Page 6 285
Equipment List Active Records
Using CTERM23 for Job 2023-2249 on 0511112023
Tim Paxin' s Pacific Excavation, Inc.

Equip List
Equipment Description Class Make Model RT Rate OT Rate
217 2012 Ford Crew Truck TRUCK T& TT 20- 28 57. 71 50. 79 218 2012 Ford Dump Truck TRUCK T& TT 20-28 57. 71 50. 79 218A Truck Mounted Compressor AIRCP PORT 016-025 28. 53 24. 82 218B 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
218C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
218D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
219 2012 Ford Dump TRuck TRUCK T& TT 20- 28 57. 71 50. 79 219A Truck Mounted Air Compressor AIRCP PORT 016- 025 28. 53 24. 82 219E 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
219C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
219D Tamper AIRTO ATOL 10- 20 0.53 0. 22
220 Hot Melt Super Shot 125 BITDT TLMD 0- 300 9. 03 7. 95 221 2013 Carson Wire Trailer TRAIL LB -A 100 17. 61 11. 45 222 F550 CREW TRUCK TRUCK T& TT 20- 28 57. 71 50. 79
223 F550 Dump Truck TRUCK T& TT 20- 28 57. 71 50. 79
223A Truck Mounted Compressor AIRCP PORT 016- 025 28. 53 24. 82 223E 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
223C Clay Spade AIRTO ATOL 20- 30 0. 97 0.41
223D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
224 F550 Dump Truck TRUCK T& TT 20- 28 57. 71 50.79
224A Truck Mounted Compressor AIRCP PORT 016- 025 28. 53 24.82 224E 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
224C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
224D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
225 F550 Dump Truck TRUCK T& TT 20- 28 57. 71 50. 79
225A Truck Mounted Compressor AIRCP PORT 016- 025 28. 53 24. 82 225E 901b Jack Hammer AIRTO ATOL 60 1. 73 0. 73
225C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
225D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
226 F450 Crew Truck TRUCK T&TT 20- 28 57. 71 50. 79
227 F450 Crew Truck TRUCK T& TT 20- 28 57. 71 50. 79
228 F450 Crew Truck TRUCK T& TT 20- 28 57. 71 50. 79
229 F450 Crew Truck TRUCK T&TT 12- 20 54. 71 48. 15
230 F450 Crew Truck TRUCK T& TT 20-28 57. 71 50. 79
231 Vactron VACDB D- W FX60- 5 45. 59 37. 38
232 F150 Truck TRUCK T& TT 00-06 37. 61 33. 10
233 F450 Crew Truck TRUCK T& TT 20- 28 57. 71 50. 79
234 F550 Dump Truck TRUCK T&TT 20- 28 57.71 50. 79
234A Truck Mounted Compressor AIRCP PORT 016- 025 28. 53 24.82 234B 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
234C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
234D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
235 2011 Kenworth Bore Truck TRUCK T& TT 28- 36 63. 46 55. 85 236 2011 Peterbilt Mud Truck TRUCK T& TT 28- 36 63. 46 55.85 5/ 11/ 2023 3: 22PM Copyright 1996- 2023. Nice Touch Solutions, Inc. 236 Page 7 286
Equipment List Active Records
Using CTERM23 for Job 2023- 2249 on 05/ 1112023
Tim Paxin' s Pacific Excavation, Inc.

Equip List
Equipment Description Class Make Model RT Rate OT Rate
236A Concrete Mixer CONMX SORP 11- 16 7.64 6. 80
236E Water Tank/ Pump TRAIT TB- 2 08- 10 5. 16 3. 35
237 2011 Peterbilt Dump TRUON TRUN 3AXL 93. 59 77. 68
241 2014 Trailer TRAIL LB -A 100 17. 61 11. 45
242 Trailer TRAIL LB -A 100 17. 61 11. 45
243 Trailer TRAIL LB -A 100 17. 61 11. 45
244 F750 Truck TRUCK T& TT 28- 36 63. 46 55. 85
244A Concrete Saw SAWCO ABOP 45- 65 27. 76 23. 32
244B Vactron VACDB D- W FX60- 5 45. 59 37. 38
245 Trailmax Trailer TRAIL LB -A 100 17. 61 11. 45
246 2011 Ford Bucket Truck TRUCK T&TT 20- 28 57. 71 50. 79 246A Hydraulic Lift HYLFT BOOM 25-49 47. 00 37. 13
247 Dodge Bucket Truck TRUCK T& TT 20- 28 57. 71 50. 79 247A Hydaulic Lift HYLFT BOOM 25- 49 47. 00 37. 13
250 Vactron VACDB D- W FX60- 5 45.59 37. 38
251 Towmaster Trailer TRAIL LB -A 100 17. 61 11. 45
253 420 Cat Backhoe LDRRT CAT 1861 M4 63.25 56. 29
254 420 Cat Backhoe LDRRT CAT 1861 M4 63.25 56. 29
255 2013 Peterbilt Dump TRUON TRUN 3AXL 93. 59 77. 68
256 2013 Petrebilt Dump TRUON TRUN 3AXL 93. 59 77. 68
257T 2016 Dodge 5500 TRUCK T& TT 20- 28 57. 71 50. 79
258 Vactron 80ODT VACDB D- W FX60- 5 45. 59 37. 38
259 2016 F550 Dump TRUCK T& TT 20- 28 57.71 50. 79
259A Truck Mounted Compressor AIRCP PORT 016- 025 28. 53 24.82 259B 90 Lb Jackhammer AIRTO ATOL 60 1. 73 0. 73
259C Clayspade AIRTO ATOL 20- 30 0. 97 0. 41
259D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
260 2016 F550 Dump TRUCK T& TT 20- 28 57. 71 50. 79
260A Truck Mounted Compressor AIRCP PORT 016- 025 28. 53 24. 82 260B 901b Jack Hammer AIRTO ATOL 60 1. 73 0. 73
260C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
260D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
261 Vermeer Track Trencher TRENC VERM 8870 155. 13 139. 62 262 F150 Superintendent Truck TRUCK T& TT 00- 06 37. 61 33. 10 263 F150 Truck TRUCK T&TT 00- 06 37. 61 33. 10
264 Offset Rocksaw TRENC VERM 8350 105. 14 94.63
265 420F Backhoe LDRRT CAT 1861 M4 63. 25 56. 29
266 2016 Case SR270 Skidsteer Loader TRACS 50 C 49.27 43. 85 267 2016 Case SR270 Skidsteer TRACS 50 C 49. 27 43. 85
268 F450 Crew Truck TRUCK T&TT 20- 28 57. 71 50.79
269 F550 Dump Truck TRUCK T&TT 20- 28 57. 71 50. 79
269A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 270 Dodge 5500 Dump TRUCK T&TT 20- 28 57.71 50. 79
270A On Board Compressor AIRCP PORT 016- 025 28.53 24. 82 5/ 11/ 2023 3: 22PM Copyright 1996- 2023. Nice Touch Solutions, Inc. 270A Page 8 287
Equipment List Active Records
Using CTERM23 for Job 2023-2249 on 05/ 1112023
Tim Paxin' s Pacific Excavation, Inc. Equip List
Equipment Description Class Make Model RT Rate OT Rate
271 Dodge Dump Truck TRUCK T&TT 20- 28 57. 71 50.79
271A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 272 F550 Bucket Truck TRUCK T& TT 20- 28 57. 71 50. 79
272A Hydraulic Lift HYLFT BOOM 25- 49 47. 00 37. 13
278 2006 Trailking Trailer TRAIL LB -A 100 17. 61 11. 45 279 Dodge Ram 1500 TRUCK T&TT 00- 06 37. 61 33. 10
280 Dodge Ram 1550 TRUCK T& TT 00- 06 37. 61 33. 10
281 Dodge Ram 1500 TRUCK T& TT 00- 06 37. 61 33. 10
282 Arrowboard TRAFA FLAS TM 4.46 3. 12
283 Arrowboard TRAFA FLAS TM 4. 46 3. 12
284 Arrowboard TRAFA FLAS TM 4. 46 3. 12
285 Arrowboard TRAFA FLAS TM 4.46 3. 12
286 F250 Superintendent Truck TRUCK T&TT 06- 12 42. 39 37. 30 287 Allman Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60
288 Allman Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60
289 Allman Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60
290 Allman Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60
291 10 Wheeler Dump TRUON TRUN 3AXL 93. 59 77. 68
293 Flatbed Trailer TRAIL LB -A 100 17. 61 11. 45
294 Yanmar Excavator HCECL M- F 6245 55. 23 46. 39
295 Craftco Hot Melt BITDT TRMD 00- 08 95. 50 84. 04
296 Mini Excavator Trailer TRAIL LB -A 100 17. 61 11. 45 297 F550 Dump TRUCK T& TT 20- 28 57. 71 50. 79
297A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 297E 90LB Jackhammer AIRTO ATOL 60 1. 73 0. 73
297C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
297D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
298 F550 Dump TRUCK T& TT 20- 28 57. 71 50. 79
298A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 298B 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
298C Clay Spade AIRTO ATOL 20- 30 0.97 0. 41
298D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
299 Backhoe LDRRT CAT 1861 M4 63. 25 56. 29
300 BOOM TRUCK ( JUST TRUCK) TRUCK T&TT 60 105. 34 92.70 300A BOOM ON TRUCK HCETD NATL 4990 67. 21 59. 82
301 Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60
302 Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60
303 Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60
304 Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60
305 Peterbilt Dump TRUON TRUN 3AXL 93.59 77. 68
306 Water Dolly TRAIW WATR 2AX-550 2.45 1. 81
307 Water Dolly TRAIW WATR 2AX- 550 2.45 1. 81
308 F550 Dump TRUCK T& TT 20- 28 57. 71 50. 79
308A On Board Compressor AIRCP PORT 016- 025 28.53 24. 82 5/ 11/ 2023 3: 22PM Copyright 1996-2023. Nice Touch Solutions, Inc. 308A Page 9 288
Equipment List Active Records
Using CTERM23 for Job 2023- 2249 on 05/ 1112023
Tim Paxin' s Pacific Excavation, Inc. Equip List
Equipment Description Class Make Model RT Rate OT Rate
308B 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
308C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
308D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
309 Vactron VACDB D- W FX60- 5 45. 59 37. 38
310 Ford Flat Bed TRUCK T& TT 20- 28 57. 71 50. 79
311 F550 Dump Truck TRUCK T& TT 20- 28 57. 71 50. 79
311A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 311 B 90 Lb Jackhammer AIRTO ATOL 60 1. 73 0. 73
311 C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
311 D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
313 Trailmax Trailer TRAIL LB -A 100 17. 61 11. 45
314 Trailmax Trailer TRAIL LB -A 100 17. 61 11. 45
315 F550 Dump TRUCK T& TT 20- 28 57. 71 50. 79
315A On Board Compressor AIRCP PORT 016- 025 28. 53 24.82 315B 90lb Jackhammer AIRTO ATOL 60 1. 73 0. 73
315C Clayspade AIRTO ATOL 20- 30 0. 97 0. 41
315D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
316 F550 Safety Truck TRUCK T& TT 20- 28 57. 71 50. 79
317 Backhoe LDRRT CAT 1865D 74. 41 66. 23
318 Skidsteer Loader TRACS 50 B 47.35 42. 14
319 Mini Yanmar Excavator HCECL M- F 6245 55. 23 46. 39 320 F550 Dump TRUCK T& TT 20- 28 57. 71 50. 79
320A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 320B 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
320C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
320D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
321 Peterbilt 10 Wheeler TRUON TRUN 3AXL 93. 59 77.68
322 Vermeer Trencher TRENC VERM 8870 155. 13 139. 62
323 Portable CMS TRAFC 2TC B100 16. 88 16. 88
324 Portable CMS TRAFC 2TC B100 16. 88 16. 88
325 2019 Ford Dump TRUCK T& TT 20- 28 57. 71 50. 79
325A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 325E 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
325C Clay Spade AIRTO ATOL 20- 30 0. 97 0. 41
325D Tamper AIRTO ATOL 10- 20 0. 53 0. 22
326 F550 Dump TRUCK T& TT 20- 28 57. 71 50. 79
326A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 327 2012 Kenworth TRUON TRUN 2AXL 73. 34 60. 87
327A Vermeer MX300 VACDB D- W FX30- 5 38. 22 31. 34
328 Vactron VACDB D- W FX60- 5 45.59 37. 38
329 Chevy Truck TRUCK T& TT 20- 28 57. 71 50. 79
332 Yarman Mini Excavator HCECL TAKU 7686H 46. 35 38. 93 333 Towmaster Trailer TRAIL LB -A 100 17. 61 11. 45
334 2019 Chevy Truck TRUCK T&TT 20- 28 57. 71 50. 79
5/ 11/ 2023 3: 22PM Copyright 1996- 2023. Nice Touch Solutions, Inc. 334 Page 10 289
Equipment List Active Records
Using CTERM23 for Job 2023-2249 on 0511112023
Tim Paxin' s Pacific Excavation, Inc.

Equip List
Equipment Description Class Make Model RT Rate OT Rate
335 F550 Crew Truck TRUCK T&TT 20-28 57. 71 50. 79
336 2019 F550 Dump TRUCK T& TT 20- 28 57. 71 50. 79
336A Air Compressor Obc AIRCP PORT 016- 025 28. 53 24. 82 336E 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
336C Clayspade AIRTO ATOL 20- 30 0. 97 0. 41
337 Ford Crew Truck TRUCK T& TT 20- 28 57.71 50. 79
338 2019 F550 Dump TRUCK T&TT 20- 28 57. 71 50. 79
338A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 339 Ford F550 Dump TRUCK T& TT 20-28 57. 71 50. 79
339A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 340 F750 Truck TRUCK T&TT 28- 36 63. 46 55. 85
341 F550 Crew Truck TRUCK T& TT 20-28 57.71 50. 79
342 Vactron VACDB D- W FX60- 5 45. 59 37.38
343 F550 Ford Dump TRUCK T&TT 20-28 57. 71 50. 79
343A On Board Compressor AIRCP PORT 016- 025 28. 53 24.82 344 F550 Ford Dump TRUCK T&TT 20- 28 57. 71 50. 79
344A On Board Compressor AIRCP PORT 016-025 28. 53 24.82 345 Portable CMS TRAFC 2TC 13100 16. 88 16. 88
346 Portable CMS TRAFC 2TC B100 16. 88 16. 88
347 Ford F550 Dump TRUCK T&TT 20- 28 57. 71 50. 79
347A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 348 Ford F550 Dump TRUCK T& TT 20- 28 57. 71 50. 79
348A On Board Compressor AIRCP PORT 016- 025 28. 53 24. 82 349 2020 Pj Trailer TRAIL LB -A 100 17. 61 11. 45
350 2020 F450 Crew Truck TRUCK T& TT 20- 28 57. 71 50. 79 351 2020 F450 Crew Truck TRUCK T& TT 20- 28 57. 71 50. 79 352 Rtx1250 Trencher TRENC VERM 8870 155. 13 139. 62
353 2013 Peterbuilt TRUON TRUN 3AXL 93. 59 77.68
355 Craftco Hotmelt BITDT TRMD 00- 08 95. 50 84. 04
356 2020 F450 Crew Truck TRUCK T& TT 20- 28 57. 71 50. 79 357 Vacmaster 800 Gallon VACDB PTEK PV500D 44. 77 34.47 358 Portable Message Board TRAFC 2TC 13100 16. 88 16. 88 359 Portabe Message Board TRAFC 2TC B100 16. 88 16. 88
362 DUMP TRAILER TRAIL LB -A 100 17. 61 11. 45
363 Dump Trailer TRAIL LB -A 100 17. 61 11. 45
364 2021 48" Trailer TRAIL LB -A 100 17. 61 11. 45
365 Silent Radar Trailer TRAIL LB -A 100 17. 61 11. 45
366 Silent Radar Trailer TRAIL LB -A 100 17. 61 11. 45
367 Silent Radar Trailer TRAIL LB -A 100 17. 61 11. 45
368 Silent Radar Trailer TRAIL LB -A 100 17. 61 11. 45
369 Arrowboard TRAIL LB -A 100 17. 61 11. 45
370 Arrowboard TRAIL LB -A 100 17.61 11. 45
371 Arrowboard TRAIL LB -A 100 17.61 11. 45
372 Arrowboard TRAIL LB -A 100 17. 61 11. 45
5/ 11/ 2023 3: 22PM Copyright 1996- 2023. Nice Touch Solutions, Inc. 372 Page 11 290
Equipment List Active Records
Using CTERM23 for Job 2023- 2249 on 0511112023
Tim Paxin' s Pacific Excavation, Inc.

Equip List
Equipment Description Class Make Model RT Rate OT Rate
375 Ford Bucket Truck TRUCK T& TT 20- 28 57. 71 50. 79
375A Hydraulic Lift HYLFT BOOM 25- 49 47. 00 37. 13
376 Cat 430F Backhoe LDRRT CAT 1865E 78. 65 70. 00
377 Portable Message Board TRAFC 2TC B100 16.88 16. 88
378 Portable Message Board TRAFC 2TC 13100 16. 88 16. 88 379 Water Dolly TRAIW WATR 2AX- 550 2.45 1. 81
380 Water Dolly TRAIW WATR 2AX- 550 2. 45 1. 81
381 F550 Crew Truck TRUCK T&TT 20- 28 57. 71 50. 79
382 F450 Crew Truck TRUCK T&TT 20-28 57. 71 50.79
383 F550 Crew Truck TRUCK T&TT 20- 28 57. 71 50.79
384 Peterbilt Boom Truck TRUCK T&TT 60 105. 34 92.70
384A Boom On Truck HCETD NATL 4990 67.21 59. 82
385 Light Tower ELGEN LITE 4 LIGHT 10. 91 9. 60
387 2019 Ford Bucket Truck TRUCK T&TT 20-28 57. 71 50. 79 387A Hydraulic Bucket HYLFT BOOM 25- 49 47. 00 37. 13
388 Chevy Superintendent Truck TRUCK T&TT 12-20 54.71 48. 15 590 590 Case Backhoe LDRRT CASE 1746 66. 93 59. 57
900 Allied Service Truck TRUCK T&TT 12- 20 54.71 48. 15 901 Allied Compressor AIRCP PORT 016- 025 28. 53 24. 82 902 Allied 901b Jackhammer AIRTO ATOL 60 1. 73 0. 73
902 Page 12 5/] 112023 3:22PM Copyright 1996- 2023. Nice Touch Solutions, Inc. 291

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INTENTIONALLY
BLANK
292
CITY MANAGER' S REPORT ITEM 4. 14
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE PRELIMINARY ENGINEER' S REPORT

AND DECLARING INTENTION TO LEVY ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2023/ 24 FOR

LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 93- 1 ( WOODFIELD PARK)
RECOMMENDATION: Adopt a Resolution Approving the Preliminary Engineer' s Report for Landscape and Lighting
Maintenance District No. 93- 1 ( Woodfield Park) and
Declaring Intention to Levy Annual Assessments for
Fiscal Year 2023/ 24
SUMMARY:

Landscape and Lighting Maintenance District No. 93- 1 (" Woodfield Park" or the District") was created to pay for the costs of ongoing maintenance and operations of specific park improvements within Tract 2051. This report has been separated from the report for the other maintenance districts due to the size. ( Legal guidelines generally prohibit legislative body members from voting on matters involving districts where they reside if the district( s) in question comprise less than 25% of the agency' s total residential parcels as defined by the County Assessor.) The proposed rate for the levy of annual assessments for Fiscal Year 2023/ 24 is 123. 90. This rate is unchanged since Fiscal Year 1998/ 99.

The revenues for the District do not meet expenditures, and while City Staff has cut costs in an effort to minimize the shortfall, a General Fund subsidy of $ 20, 800, coupled with the use of District' s reserves will be required to maintain current service levels ( the estimated beginning Fiscal Year 2023/ 24 District reserves total 32, 349. 91). In order to prevent the annual need of General Fund subsidies and the use of District' s reserves, a Proposition 218 balloting of the district's property owners would have to be successfully completed, which would amend the assessment rate and provide for an annual escalation factor. This is not being proposed at this time.

Tonight, City Council is being asked to approve the preliminary Engineer' s Report and to declare its intention to levy annual assessments for Fiscal Year 2023/ 24. After tonight' s actions, notices will be published regarding the public hearing. The public hearing will be scheduled for July 10, 2023 at 7: 00 p. m. 293
CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
FISCAL YEAR 2023/ 24 ASSESSMENTS FOR WOODFIELD PARK
BACKGROUND:

Maintenance Districts are created to fund the costs of ongoing maintenance and operations of improvements which may include landscaping, park sites, street lighting, and storm drainage that provide special benefit to properties in given areas of the City. Special benefit is defined as that benefit, over and above the general benefit provided by the improvements, which is conferred upon parcels within a district, as identified and measured by the formation assessment engineer.

Within the City of Lathrop, there are eight maintenance assessment districts: five Landscaping and Lighting Maintenance Districts ( LLMD), including Woodfield Park and three Benefit Assessment Districts ( BAD); each is levied assessments according to the annual specific cost estimate associated with each individual district. Each property owner is assessed annually for a portion of the maintenance costs in their district( s). The assessments are paid by the property owner via each parcel' s secured property tax bill.

On an annual basis, City staff evaluates the anticipated costs for maintenance for the upcoming year. This analysis takes into consideration any increases in costs as well as cost savings realized. Some of the costs that are quantified include: routine maintenance and mowing contracts; equipment repair; weed abatement; shrub and tree pruning; radios and computers; irrigation parts and controllers; water; electricity; fertilizer and other chemicals; vehicles and vehicle maintenance; street lighting repairs; storm drain system maintenance; and other administrative costs to operate Woodfield Park.

An annual budget is then developed using these cost estimates. The total costs are divided among the parcels in the district based on the proportionate share of benefit received from the improvements. The proposed assessments are then reviewed and approved each year by the City Council during a public hearing process.

By law, assessments can only be increased by an amount approved by property owners. Any proposed increase which exceeds the amount approved by the property owners requires the approval of the property owners via a Proposition 218 ballot process. Each of the City' s districts has a maximum assessment amount. The City Council may authorize any level of assessment up to this maximum. For this reason, the City could decide to levy the maximum assessment, however if it is determined that the maximum is not needed the City can lower the actual annual assessment without jeopardizing the ongoing maximum assessment.

The preliminary Engineer' s Report for Woodfield Park is available in the City Clerk' s office and the Finance Department for review and copies will be available at the City Council meeting by request.
294
CITY MANAGER' S REPORT PAGE 3
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
FISCAL YEAR 2023/ 24 ASSESSMENTS FOR WOODFIELD PARK
The following summarizes the background information for Woodfield Park:

The District was created to pay for the maintenance of Woodfield Park. This includes costs for personnel to maintain buildings and equipment and the cost for contracted park maintenance.

Expenditures exceed revenues for this district because the District was created without an annual escalation factor and, as a result has a maximum assessment rate that does not escalate to mirror increases in district expenses. As mentioned above, in order to change this, a Proposition 218 balloting of the District' s property owners would have to be successfully completed. This is not being proposed at this time.

The proposed rate for the levy of annual assessments for Fiscal Year 2023/ 24 is 123. 90. This rate is unchanged since Fiscal Year 1998/ 99.

Actual Proposed
FY 2021/ 22 Annual FY 2022/ 23 Annual
District Assessment Rate Assessment Rate Difference
LLMD No. 93- 1( Woodfield Park) $ 123. 90 $ 123. 90 $ 0. 00 Woodfield Park will receive $ 54, 763. 80 in revenue from assessments. The total expenditures for this District are $ 107, 910, which creates a shortfall of $ 53, 146. 20.

The District is anticipated to begin Fiscal Year 2023/ 24 with a reserve fund balance of $ 32, 349. 91, which will be used to offset the shortfall. However, in order to keep the same service levels in the District, a General Fund subsidy in the amount of 20, 800 would be needed to fund the remaining shortfall.

REASON FOR RECOMMENDATION:

Staff has prepared the budget for the service, operation and maintenance of Woodfield Park in order to establish the annual assessments. The District provides necessary services to property owners within the District boundary.

Upon adoption of the attached Resolution, the preliminary Engineer' s Report will be approved and the Council will declare its intention to levy annual assessments for Fiscal Year 2023/ 24 and a public hearing will be scheduled for July 10, 2023 at 7: 00 p. m., to permit public testimony. Written protests will be accepted from property owners until the close of the public hearing. At the close of the public hearing, the City Council may approve the Engineer' s Report as submitted or amend it and order the levy and collection of the assessments.
295
CITY MANAGER' S REPORT PAGE 4
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
FISCAL YEAR 2023/ 24 ASSESSMENTS FOR WOODFIELD PARK
FISCAL IMPACT:

The Woodfield Park Landscaping and Lighting District has expenditures which exceed revenues. In order to maintain the current service levels in the District, the utilization of $ 32, 346. 20 of the District' s fund balance reserves; a General Fund subsidy in the amount of $ 20, 800 would be required to cover the remaining shortfall.

ATTACHMENTS:

A. A Resolution Approving the Preliminary Engineer' s Report for Landscape and Lighting Maintenance District No. 93- 1 ( Woodfield Park) and Declaring its Intention to Levy Annual Assessments for Fiscal Year 2023/ 24 B. Landscape and Lighting Maintenance District No. 93- 1 ( Woodfield Park) District Diagram
Note - Preliminary Engineer' s Report is available for review in the City Clerk' s Office.
296

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
FISCAL YEAR 2023/ 24 ASSESSMENTS FOR WOODFIELD PARK
APPROVALS:

S a n—dr-aF ri a s
Sr. Management Analyst
Thomas Hedegard
Deputy Finance Director
City Attorney
St en J Salvatore
City Manager
lI1123
Date
s/ Zz/ 1
Date
IS2o2/ o1Oa,3
Date
S- z-z- zUZ3
Date
s•• z3
Date
PAGE 5
297
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING THE PRELIMINARY ENGINEER' S REPORT FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 93- 1 ( WOODFIELD PARK) AND

DECLARING INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023/ 24
WHEREAS, the City Council has by previous Resolutions formed the City of Lathrop Landscape and Lighting Maintenance District No. 93- 1 ( Woodfield Park) hereafter referred to as the " District"), and initiated proceedings for Fiscal Year 2023/ 24, pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code ( commencing with Section 22500) ( hereafter referred to as the " Act") that provides for the levy and collection of assessments by the County of San Joaquin for the City of Lathrop to pay the maintenance and services of all improvements and facilities related thereto; and
WHEREAS, the City Council has retained NBS for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act; and
WHEREAS, NBS has prepared the Engineer' s Report and Annual Levy Report collectively referred to herein as the " Report") for the district known as Landscape and Lighting Maintenance District No. 93- 1 ( Woodfield Park); and WHEREAS, the Report has now been presented to the City Council; and WHEREAS, the Report includes the District' s budget and assessments and contains the data necessary to determine the special benefit conferred upon each property included in the District; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented on July 10, 2023, and is preliminarily satisfied with District, and all of the budget items and charges, and is satisfied that the levy amounts, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services performed in and provided by the District.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LATHROP AS FOLLOWS:

Section 1 Intention: The City Council hereby declares that it is its intention to seek the Annual Levy of the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the annual costs of the improvements.
298
Section 2 Description of Improvements and any substantial changes proposed: The improvements within the District may include, but are not limited to: planting materials, irrigation systems, drainage systems, natural drainage areas, fencing, restroom facilities, playground equipment, picnic facilities, landscape and associated appurtenances.

Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous and satisfactory condition. The Report, attached hereto as Exhibit " A" and incorporated herein by this reference is hereby approved on a preliminary basis and ordered to be filed with this Resolution in the Office of the City Clerk as a permanent record. Such Report shall remain open to public inspection. The Report provides a full and complete description of all improvements and any or all substantial changes to the District or improvements within the District.

Section 3 Boundaries and Designation: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original District, within the boundaries of the City of Lathrop, within the County of San Joaquin, State of California. Also described as:

Landscape and Lighting Maintenance District No. 93- 1 ( Woodfield Park) Section 4 Proposed Assessment Amounts: For Fiscal Year 2023/ 24, the proposed assessments are outlined in the Report, Exhibit " A", which details any changes or increases in the annual assessment.

Section 5 Public Hearing( s): The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act and Articles XIII ( C) and XIII ( D) of the California Constitution.

Section 6 Notice: The City shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution once in a newspaper of local circulation for two consecutive weeks not less than ten 10) days before the date of the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices.

Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Monday, July 10, 2023, at 7: 00 p. m. or as soon thereafter as feasible in the City Council Chambers, located at 390 Towne Centre Dr., Lathrop, California.

Section 8 Compliance with Article XIII ( C) and XIII ( D) of the California Constitution:

The City Council hereby finds that the proposed assessments are exempt from the requirements for Article XIII ( C) and XIII ( D) of the California Constitution in that the amount of the assessment is unchanged and the assessment is imposed exclusively to finance the maintenance and operation expenses for park maintenance. 299
The foregoing resolution was passed and adopted this 12th day of June 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
300
r
301

CITY OF LATH ROP
Landscape and Lighting Maintenance District No. 93- 1
Woodfield Park Maintenance Zone
Annual Engineer' s Report
Fiscal Year 2023/ 24
302

CITY OF LATHROP
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 93- 1

WOODFIELD PARK MAINTENANCE ZONE
390 Towne Centre Drive
Lathrop, California 95330
Phone - ( 209) 941- 7320
Fax - ( 209) 941- 7339

CITY COUNCIL
Sonny Dhaliwal, Mayor
Paul Akinjo, Vice Mayor
Minnie Diallo, Councilmember
Diane Lazard, Councilmember
Jennifer Torres -O' Callaghan, Councilmember

CITY STAFF
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Cari James, Finance Director
NBS
Tim Seufert, Client Services Director
Kristin Harvey, Senior Consultant
303

TABLE OF CONTENTS

1. ENGINEER' S LETTER........................................................................................................ 1

2. OVERVIEW...................................................................................................................... 2

2. 1 Introduction............................................................................................................... 2

2. 2 Effect of Proposition 218........................................................................................... 2

2. 3 Plans and Specifications for the Improvements....................................................... 3

3. ESTIMATE OF COSTS....................................................................................................... 4

3. 1 Description of Budget Items...................................................................................... 4

3. 2 District Budget........................................................................................................... 5

3. 3 Balance to Levy.......................................................................................................... 5

3. 4 Operational & Maintenance Reserve Information................................................... 6

4. METHOD OF APPORTIONMENT....................................................................................... 7

4. 1 Method of Apportionment........................................................................................ 7

4. 2 Benefit Unit Factors................................................................................................... 7

4. 3 Assessment Per EDU................................................................................................. 8

4. 4 Historical Assessment Information........................................................................... 8 S. DISTRICT DIAGRAM........................................................................................................ 9

6. PARCEL LISTING............................................................................................................ 10 304

1. EXECUTIVE SUMMARY
The City Council of the City of Lathrop ( the " City'), State of California, directed NBS to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, and an estimate of the costs of the maintenance, operations, and servicing of the improvements for the City of Lathrop Landscape and Lighting Maintenance District No. 93- 1 ( the " District") for Fiscal Year 2023/ 24 including only the Woodfield Park Maintenance Zone. The report includes a diagram for the District showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount to be assessed upon all assessable parcels within the District in proportion to the special benefit received;
The proposed assessment rate of $123. 90 per Equivalent Dwelling Unit (" EDU") has not increased from the previous year. The District is in compliance with the assessment balloting procedures set forth in Section 4 of Article XIII D of the California Constitution and the District was formed by consent of 100% of the landowners;
Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received. The following assessment is made to fund the portion of the estimated costs of maintenance, operation, and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received:

SUMMARY OF ASSESSMENT
City of Lathrop
Landscape & Lighting Maintenance District No. 93- 1
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2. OVERVIEW

2. 1 Introduction
The City previously formed several maintenance assessment districts for the purpose of providing maintenance services to benefit certain parcels in the City. Over several years, these districts have levied and collected special assessments. In 1993, the districts were consolidated, and now represent distinct zones in the District. The District was formed and the levies made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ( the " Act").

Since Fiscal Year 1998/ 99, only the Woodfield Park Maintenance Zone has been included in the annual assessment of the District.

This Annual Engineer' s Report ( the " Report") describes the District and the proposed charge per EDU for Fiscal Year 2023/ 24 based on the historical and estimated cost to maintain the improvements and provide the services that benefit parcels within the District. Maintenance and operation of the facilities provides a healthy alternative for youth and adult activities while protecting the capital investments that have been made within the District.

The word " parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor' s Parcel Number by the San Joaquin County (the " County") Assessor' s Office. The County Auditor -Controller uses Assessor' s Parcel Numbers and specific fund numbers to identify, on the tax roll, properties assessed for special district benefit assessments.

Following consideration of public comments at a noticed public hearing and following review of the Report, the City Council may confirm the submittal of the Report and may order the levy and collection of assessments for Fiscal Year 2023/ 24. If approved, the assessment information will be submitted to the County Auditor -Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2023/ 24.

2. 2 Effect of Proposition 218
On November 5, 1996, California voters approved Proposition 218 by a vote of 56. 5% to 43. 5%. The provisions of the Proposition, now California Constitutional Articles XIII C and XIII D, added substantive and procedural requirements for assessments which affect the City' s landscaping and lighting maintenance assessments.

The assessment rate of $123. 90 per EDU has been in effect since Fiscal Year 1996/ 97 and is not proposed to increase. The District is in compliance with the assessment balloting procedures set forth in Section 4 of Article XIII D and the District was formed by consent of 100% of the landowners. 1) City of Lathrop
Landscape & Lighting Maintenance District No. 93- 1
306

2. 3 Plans and Specifications for the Improvements
The City operates, services, and maintains Woodfield Park ( 5. 49 acres).

The District includes parcels within Tract 2051 and consists of a residential area generally located east of 1- 5, west of the Union Pacific Railroad, and north of Lathrop Road. Parcels within this zone receive special benefit from the Woodfield Park improvements. Specific improvements within this zone include planting materials, irrigation systems, drainage systems, natural drainage areas, fencing, restroom facilities, playground equipment, picnic facilities, and hardscape.

City of Lathrop NBS Landscape & Lighting Maintenance District No. 93- 1 307

3. ESTIMATE OF COSTS

3. 1 Description of Budget Items
Personnel Services — Includes employee salaries, salary related costs, and employee benefits including retirement, medical benefits, and workers compensation costs, etc.

Maintenance & Operations — Includes the following:

Advertising/ Legal Notices — Includes the cost of publishing the required legal notices necessary to complete the required procedures for levying the assessments.

Auto & Heavy Equipment Maintenance Parts — Includes replacement parts for City vehicles used for storm drain maintenance.

Auto & Heavy Equipment Maintenance & Repair — Includes maintenance of City vehicles used for storm drain maintenance.

Building Maintenance Materials & Supplies — Includes materials and supplies necessary for maintenance of restrooms, first aid kits, flashlights, fire extinguishers, employee uniforms ( e. g. safety boots, jackets, and gloves), and pest control application training.

Contracts — Park Maintenance — Includes professional services necessary for District maintenance, including park maintenance, computer technical support, and alarm service.

Contract Services — Includes professional services necessary for District maintenance, including the Report and administration.

Gas, Diesel, Oil & Lubricants — Includes fuel, oil and lubricants for vehicles, and miscellaneous small equipment used for park maintenance.

Materials & Supplies — Includes materials and supplies necessary for park maintenance ( e. g. sprinkler parts, pipe, sand for playgrounds, replacement plants, and trees).

Miscellaneous Equipment — Includes small equipment ( e. g. blowers, roto- tiller, and hedge trimmer) and miscellaneous small tools (e. g. shovels, rakes, and hand tools) necessary for park maintenance.

Miscellaneous Supplies — Includes reference materials and additional administrative costs.

Other Maintenance & Repair — Includes contracted maintenance and repair services such as annual fire extinguisher service and emergency repairs.

Shop Tools — Includes miscellaneous small tools necessary for park maintenance such as shovels, weed eaters, and shop vacuums.

Uniforms/ Protective Clothing — Includes employee uniforms including safety boots, jackets, gloves, etc.

Utility — Gas & Electric — Includes electrical power for sprinkler controllers, pumps, and park lights.

Water — Includes water for irrigation, water fountains, and restrooms.

Training, Membership, Travel & Dues — Includes continuing training for maintenance staff. 401 City of Lathrop
1 Landscape & Lighting Maintenance District No. 93- 1
308
Fixed Charges & Special Fees — Includes the charges per parcel to collect the assessments on the County Secured Property Tax Roll.

Capital — Includes principal payment for lease purchase of park vehicles plus miscellaneous equipment purchased over a five year lease.

Indirect Costs — Includes overhead costs of the City related to maintenance, operation, and administration of the District.

3. 2 District Budget
The budget for Fiscal Year 2023/ 24 is as follows.

Personnel Services
2023/ 24
9,
B
903. 00
Maintenance & Operations 79, 750. 00
Capital Costs / Fixed Charges 1, 997. 00
Subtotal 91, 650. 00
Indirect Costs 16, 260. 00
Total District Costs 107, 910. 00

3. 3 Balance to Levy
Total District Costs — Includes personnel services, maintenance and operations, capital, and indirect costs determined above.

Contribution to (from) Operational Reserves — The Operational Reserves item provides funds to operate the District from the time period of July 1 ( beginning of the Fiscal Year) through December when the County provides the City with the first installment of assessments collected from the property tax bills. This eliminates the need for the City to transfer funds from non -District accounts to pay for District charges during the first half of the fiscal year. Negative amounts shown here are transfers that are used to reduce the Balance to Levy. Using reserve amounts in this way allows the Levy per EDU to remain at prior period rates, despite increases in District costs.

Contribution to (from) Capital Reserves — The Capital Reserve Account item provides funds to maintain reserves for extraordinary maintenance items and unexpected capital expenditures that may occur as a result of natural occurrences or other unforeseen circumstances.

Balance to Levy — This is the total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of the total direct and administration costs, reserves, contributions, and other revenue sources.
1 City of Lathrop
11 Landscape & Lighting Maintenance District No. 93- 1
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The following table shows the total costs, additional revenues, and the Balance to Levy for Fiscal Year 2023/ 24.
1) Includes General Fund contribution.

3. 4 Operational & Maintenance Reserve Information
The following table shows the estimated balance of the Operational and Maintenance Reserves.

City of Lathrop
a Landscape & Lighting Maintenance District No. 93- 1
310

4. METHOD OF APPORTIONMENT

4. 1 Method of Apportionment
Pursuant to the Act, the costs of the District are apportioned by a formula or method which fairly distributes the net amount to be assessed among all assessable parcels in proportion to the estimated special benefit to be received by each such parcel from the maintenance, servicing, and operation of the improvements. The formula used for the Woodfield Park Maintenance Zone reflects the homogenous composition of the parcels, as well as the improvements and services provided to fairly proportion the costs based on the estimated benefits to each parcel. The assessment has been levied in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation.

The basis of benefit for the District was determined to be equal for all EDUs within the Woodfield Park Maintenance Zone.

The method used to calculate the assessments within the Woodfield Park Maintenance Zone is as follows:

Total Balance to Levy / Total EDU = Levy per EDU
To determine the EDU for single- family residential parcels, the Benefit Unit Factor ( BUF) is multiplied by the number of developed residential units on the parcel.

To determine the EDU for vacant ( no buildings) residential parcels, the BUF is multiplied by the number of residential units that can be built on the parcel.

To determine the EDU for unimproved residential parcels, the number of potential parcels is calculated per the approved tentative map and the BUF is multiplied by that number of parcels.

All parcels in the District have been developed as single- family residential and there are currently no vacant or unimproved residential parcels.

4. 2 Benefit Unit Factors
The following table shows the Benefit Unit Factors.

City of Lathrop
M Landscape & Lighting Maintenance District No. 93- 1
311

4.3 Assessment Per EDU
The following table shows the total assessment per EDU for the Fiscal Year 2023/ 24 levy.

4.4 Historical Assessment Information
The following table shows the historical assessment rates for the District for the past ten years.

Description
Fiscal Year 2022/ 23 Assessment Rate Per Unit
Amount
123. 90
Fiscal Year 2021/ 22 Assessment Rate Per Unit 123. 90
Fiscal Year 2020/ 21 Assessment Rate Per Unit 123. 90
Fiscal Year 2019/ 20 Assessment Rate Per Unit 123. 90
Fiscal Year 2018/ 19 Assessment Rate Per Unit 123. 90
Fiscal Year 2017/ 18 Assessment Rate Per Unit 123. 90
Fiscal Year 2016/ 17 Assessment Rate Per Unit 123. 90
Fiscal Year 2015/ 16 Assessment Rate Per Unit 123. 90
Fiscal Year 2014/ 15 Assessment Rate Per Unit 123. 90
Fiscal Year 2013/ 14 Assessment Rate Per Unit 123. 90
City of Lathrop
Landscape & Lighting Maintenance District No. 93- 1
312
S. DISTRICT DIAGRAM
Reference is made to the District Diagram on file with the City Clerk. The following page provides the boundaries of the Woodfield Park Maintenance Zone of the District. The lines and dimensions shown on maps of the County Assessor for the current year are incorporated by reference and made part of this Report.

Ol City of Lathrop
Landscape & Lighting Maintenance District No. 93- 1
313
r
314

6. PARCEL LISTING
Assessor' s parcel identification, for each lot or parcel within the District, shall be based on the County Assessor' s secured roll data for the applicable year in which this Report is prepared and is incorporated herein by reference.

A listing of assessor' s parcels assessed within the District for Fiscal Year 2023/ 24, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference.

Based on County Assessor' s secured roll data, current assessor' s parcels, including corrected and/ or new assessor' s parcels, will be submitted and/ or resubmitted to the County Auditor/ Controller. The annual assessment amount to be levied and collected for the resubmitted parcel( s) shall be determined in accordance with the method of apportionment and assessment rate approved in this Report.

Therefore, if a single assessor' s parcel has a status change in development, other land use change, or subdivides into multiple assessor' s parcels, the assessment amounts applied to each of the new assessor' s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

The parcel listing of assessments is provided on the following pages.

A- NNBS City of Lathrop
I
Landscape & Lighting Maintenance District No. 93- 1 10
315
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/24
APN Address Units Levy ( 1)
196-090- 010-000 14539 CEDAR VALLEY DR 1 123. 90
196- 090- 020- 000 14527 CEDAR VALLEY DR 1 123. 90
196- 090- 030- 000 14515 CEDAR VALLEY DR 1 123. 90
196- 090- 040- 000 14475 CEDAR VALLEY DR 1 123. 90
196- 090- 050- 000 14463 CEDAR VALLEY DR 1 123. 90
196- 090- 060- 000 144510EDAR VALLEY DR 1 123. 90
196- 090- 070- 000 14439 CEDAR VALLEY DR 1 123. 90
196- 090- 080- 000 14427 CEDAR VALLEY DR 1 123. 90
196- 090- 090- 000 14415 CEDAR VALLEY DR 1 123. 90
196- 090- 100- 000 14430 CEDAR VALLEY DR 1 123. 90
196- 090- 110- 000 14456 CEDAR VALLEY DR 1 123. 90
196- 090- 120- 000 14468 CEDAR VALLEY DR 1 123. 90
196- 090- 130- 000 14480 CEDAR VALLEY DR 1 123. 90
196- 090- 140- 000 14500 CEDAR VALLEY DR 1 123. 90
196- 090- 150- 000 14510 CEDAR VALLEY DR 1 123. 90
196- 090- 160- 000 14522 CEDAR VALLEY DR 1 123. 90
196-090- 170-000 14534 CEDAR VALLEY DR 1 123. 90
196- 090- 180- 000 14539 PINE VALLEY DR 1 123. 90
196- 090- 190- 000 14527 PINE VALLEY DR 1 123. 90
196- 090- 200- 000 14515 PINE VALLEY DR 1 123. 90
196- 090- 210-000 14501 PINE VALLEY DR 1 123. 90
196- 090- 220- 000 14483 PINE VALLEY DR 1 123. 90
196- 090- 230- 000 14465 PINE VALLEY DR 1 123. 90
196- 090- 240-000 14453 PINE VALLEY DR 1 123. 90
196- 090- 250- 000 14443 PINE VALLEY DR 1 123. 90
196- 090- 260- 000 14444 PINE VALLEY DR 1 123. 90
196- 090- 270- 000 14450 PINE VALLEY DR 1 123. 90
196- 090- 280- 000 14462 PINE VALLEY DR 1 123. 90
196-090- 290-000 14474 PINE VALLEY DR 1 123. 90
196- 090- 300- 000 14508 PINE VALLEY DR 1 123. 90
196- 090- 310- 000 14522 PINE VALLEY DR 1 123. 90
196- 090- 320-000 14536 PINE VALLEY DR 1 123. 90
196- 090- 330- 000 14548 PINE VALLEY DR 1 123. 90
196- 090- 340- 000 770 CHERRY HILLS CT 1 123. 90
196- 090- 350- 000 758 CHERRY HILLS CT 1 123. 90
196- 090- 360- 000 752 CHERRY HILLS CT 1 123. 90
196- 090- 370- 000 748 CHERRY HILLS CT 1 123. 90
196- 090- 380- 000 742 CHERRY HILLS CT 1 123. 90
196- 090- 390- 000 739 CHERRY HILLS CT 1 123. 90
196- 090- 400- 000 745 CHERRY HILLS CT 1 123. 90
196- 090- 410- 000 753 CHERRY HILLS CT 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

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City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy ( 1)
196- 090- 420- 000 767 CHERRY HILLS CT 1 123. 90
196- 090- 430- 000 775 CHERRY HILLS CT 1 123. 90
196- 090- 440- 000 785 CHERRY HILLS CT 1 123. 90
196- 090- 450- 000 791 CHERRY HILLS CT 1 123. 90
196- 090- 460- 000 801 CHERRY HILLS CT 1 123. 90
196- 090- 470- 000 807 CHERRY HILLS CT 1 123. 90
196- 090- 480- 000 811 CHERRY HILLS CT 1 123. 90
196- 090- 490- 000 819 CHERRY HILLS CT 1 123. 90
196- 090- 500- 000 810 CHERRY HILLS CT 1 123. 90
196- 090- 510- 000 804 CHERRY HILLS CT 1 123. 90
196- 090- 520- 000 796 CHERRY HILLS CT 1 123. 90
196- 090- 530- 000 788 CHERRY HILLS CT 1 123. 90
196- 090- 540- 000 14663 SILVER CREEK DR 1 123. 90
196- 090- 550- 000 14661 SILVER CREEK DR 1 123. 90
196- 090-560-000 14659 SILVER CREEK DR 1 123. 90
196- 090- 570- 000 14529 SILVER CREEK DR 1 123. 90
196- 090-580- 000 14511 SILVER CREEK DR 1 123. 90
196- 090- 590- 000 816 PRAIRIE DUNES DR 1 123. 90
196- 090- 600- 000 808 PRAIRIE DUNES DR 1 123. 90
196- 090- 610- 000 802 PRAIRIE DUNES DR 1 123. 90
196- 090- 620- 000 794 PRAIRIE DUNES DR 1 123. 90
196-090- 630-000 788 PRAIRIE DUNES DR 1 123. 90
196- 090- 640- 000 780 PRAIRIE DUNES DR 1 123. 90
196- 090- 650- 000 770 PRAIRIE DUNES DR 1 123. 90
196- 090- 660- 000 764 PRAIRIE DUNES DR 1 123. 90
196- 090- 670- 000 756 PRAIRIE DUNES DR 1 123. 90
196- 090- 680- 000 744 PRAIRIE DUNES DR 1 123. 90
196- 090- 690- 000 736 PRAIRIE DUNES DR 1 123. 90
196- 090- 700- 000 741 PRAIRIE DUNES DR 1 123. 90
196- 090- 710- 000 749 PRAIRIE DUNES DR 1 123. 90
196- 090- 720- 000 755 PRAIRIE DUNES DR 1 123. 90
196- 090- 730-000 763 PRAIRIE DUNES DR 1 123. 90
196- 090- 740- 000 769 PRAIRIE DUNES DR 1 123. 90
196- 090- 750- 000 781 PRAIRIE DUNES DR 1 123. 90
196-090-760- 000 789 PRAIRIE DUNES DR 1 123. 90
196- 090- 770- 000 795 PRAIRIE DUNES DR 1 123. 90
196- 090- 780- 000 803 PRAIRIE DUNES DR 1 123. 90
196- 090- 790- 000 809 PRAIRIE DUNES DR 1 123. 90
196- 090- 800- 000 817 PRAIRIE DUNES DR 1 123. 90
196- 090- 810- 000 823 PRAIRIE DUNES DR 1 123. 90
196- 090- 820- 000 827 PRAIRIE DUNES OR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

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City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/24
APN Address Units Levy ( 1)
196- 090- 830- 000 14496 SILVER CREEK DR 1 123. 90
196- 090- 840- 000 14500 SILVER CREEK DR 1 123. 90
196- 090- 850-000 14512 SILVER CREEK DR 1 123. 90
196- 090- 860- 000 14524 SILVER CREEK DR 1 123. 90
196- 090- 870- 000 14536 SILVER CREEK DR 1 123. 90
196- 090- 880- 000 14552 SILVER CREEK DR 1 123. 90
196- 090- 890- 000 14640 SILVER CREEK DR 1 123. 90
196- 100- 010- 000 800 LONG BARN DR 1 123. 90
196- 100- 020- 000 794 LONG BARN DR 1 123. 90
196- 100- 030- 000 784 LONG BARN DR 1 123. 90
196- 100- 040- 000 774 LONG BARN DR 1 123. 90
196- 100- 050- 000 762 LONG BARN DR 1 123. 90
196- 100- 060- 000 750 LONG BARN DR 1 123. 90
196- 100- 070- 000 14854 CEDAR RIDGE CT 1 123. 90
196- 100- 080- 000 14850 CEDAR RIDGE CT 1 123. 90
196- 100- 090- 000 14917 CEDAR RIDGE CT 1 123. 90
196- 100- 100- 000 14905 CEDAR RIDGE CT 1 123. 90
196- 100- 110- 000 14893 CEDAR RIDGE CT 1 123. 90
196- 100- 120-000 14881 CEDAR RIDGE CT 1 123. 90
196- 100- 130- 000 14839 CEDAR RIDGE CT 1 123. 90
196- 100- 140- 000 14835 CEDAR RIDGE CT 1 123. 90
196- 100- 150- 000 688 STONE RIDGE CT 1 123. 90
196- 100- 160- 000 672 STONE RIDGE CT 1 123. 90
196- 100-170-000 664 STONE RIDGE CT 1 123. 90
196- 100- 180- 000 658 STONE RIDGE CT 1 123. 90
196- 100- 190- 000 651 STONE RIDGE CT 1 123. 90
196- 100- 200- 000 663 STONE RIDGE CT 1 123. 90
196- 100- 210- 000 675 STONE RIDGE CT 1 123. 90
196- 100- 220- 000 14587 CEDAR VALLEY DR 1 123. 90
196- 100-230- 000 14575 CEDAR VALLEY DR 1 123. 90
196- 100- 240- 000 14563 CEDAR VALLEY DR 1
123. 90
196-100- 250-000 14551 CEDAR VALLEY DR 1 123. 90
196- 100- 260- 000 14546 CEDAR VALLEY DR 1 123. 90
196- 100- 270- 000 14558 CEDAR VALLEY DR 1 123. 90
196- 100- 280- 000 14570 CEDAR VALLEY DR 1 123. 90
196- 100- 290- 000 14592 CEDAR VALLEY DR 1 123. 90
196- 100- 300- 000 14604 CEDAR VALLEY DR 1 123. 90
196- 100- 310- 000 699 LONG BARN DR 1 123. 90
196- 100- 320- 000 711 LONG BARN DR 1 123. 90
196- 100- 330- 000 723 LONG BARN DR 1 123. 90
196- 100- 340- 000 735 LONG BARN DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

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City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy ( 1)
196- 100- 350- 000 747 LONG BARN DR 1 123. 90
196- 100- 360- 000 759 LONG BARN DR 1 123. 90
196- 100- 370-000 756 AGUSTA DR 1 123. 90
196- 100- 380-000 744 AGUSTA DR 1 123. 90
196- 100- 390- 000 732 AGUSTA DR 1 123. 90
196- 100- 400- 000 720 AGUSTA DR 1 123. 90
196- 100- 410- 000 14587 PINE VALLEY DR 1 123. 90
196- 100- 420- 000 14575 PINE VALLEY DR 1 123. 90
196- 100- 430- 000 14563 PINE VALLEY DR 1 123. 90
196- 100- 440- 000 14551 PINE VALLEY DR 1 123. 90
196- 100-450- 000 14568 PINE VALLEY DR 1 123. 90
196- 100- 460- 000 14590 PINE VALLEY DR 1 123. 90
196- 100- 470- 000 739 AGUSTA DR 1 123. 90
196- 100- 480- 000 751 AGUSTA DR 1 123. 90
196- 100- 490- 000 763 AGUSTA DR 1 123. 90
196- 100- 500- 000 775 AGUSTA DR 1 123. 90
196- 100- 510-000 787 AGUSTA DR 1 123. 90
196- 100- 520- 000 811AGUSTA DR 1 123. 90
196- 100-530-000 825 AGUSTA DR 1 123. 90
196- 100- 540- 000 835 AGUSTA DR 1 123. 90
196- 100- 550- 000 851 AGUSTA DR 1 123. 90
196- 100- 560- 000 887 AGUSTA DR 1 123. 90
196- 100- 570- 000 14675 SILVER CREEK DR 1 123. 90
196- 100- 580- 000 14668 SILVER CREEK DR 1 123. 90
196- 100- 590- 000 14680 SILVER CREEK DR 1 123. 90
196- 100- 600- 000 892 AGUSTA DR 1 123. 90
196- 100- 610-000 880 AGUSTA DR 1 123. 90
196- 100- 620- 000 856 AGUSTA DR 1 123. 90
196- 100- 630- 000 842 AGUSTA DR 1 123. 90
196- 100- 640- 000 830 AGUSTA DR 1 123. 90
196- 100- 650- 000 818 AGUSTA DR 1 123. 90
196- 100- 660- 000 806 AGUSTA DR 1 123. 90
196- 100- 670- 000 794 AGUSTA DR 1 123. 90
196- 100- 680- 000 14746 OAKHILLS ST 1 123. 90
196- 100- 690- 000 14750 OAKHILLS ST 1 123. 90
196- 100- 700- 000 783 LONG BARN DR 1 123. 90
196- 100- 710- 000 795 LONG BARN DR 1 123. 90
196- 100- 720- 000 807 LONG BARN DR 1 123. 90
196- 100- 730-000 819 LONG BARN DR 1 123. 90
196- 100- 740- 000 831 LONG BARN DR 1 123. 90
196- 100- 750- 000 843 LONG BARN DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

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City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy ( 1)
196- 100- 760- 000 855 LONG BARN DR 1 123. 90
196- 100- 770-000 867 LONG BARN DR 1 123. 90
196- 100- 780- 000 879LONG BARN DR 1 123. 90
196- 520- 010-000 14101 JASPER ST 1 123. 90
196- 520- 020- 000 14091JASPER ST 1 123. 90
196- 520- 030- 000 14081 JASPER ST 1 123. 90
196- 520- 040- 000 14071JASPER ST 1 123. 90
196- 520- 050- 000 14061JASPER ST 1 123. 90
196- 520-060- 000 14051 JASPER 5T 1 123. 90
196- 520- 070- 000 14050JASPER ST 1 123. 90
196- 520-080- 000 14060 JASPER ST 1 123. 90
196- 520- 090- 000 14070 JASPER ST 1 123. 90
196- 520- 100- 000 14080JASPER ST 1 123. 90
196-520- 110-000 14090 JASPER ST 1 123. 90
196- 520- 120- 000 14094JASPER ST 1 123. 90
196-520- 130-000 14100 JASPER ST 1 123. 90
196- 520- 140- 000 14110JASPER ST 1 123. 90
196- 520- 150- 000 14121SOUTHPORTST 1 123. 90
196- 520- 160- 000 14111 SOUTHPORT ST 1 123. 90
196- 520- 170- 000 14101 SOUTHPORT ST 1 123. 90
196- 520- 180- 000 14099 SOUTHPORT ST 1 123. 90
196- 520- 190- 000 14095 SOUTHPORT ST 1 123. 90
196- 520- 200- 000 14091SOUTHPORT ST 1 123. 90
196- 520- 210- 000 14081 SOUTHPORT ST 1 123. 90
196- 520- 220- 000 14071 SOUTHPORT ST 1 123. 90
196- 520- 230- 000 14061 SOUTHPORT ST 1 123. 90
196- 520- 240- 000 741 SAINT ANDREW ST 1 123. 90
196- 520- 250- 000 749 SAINT ANDREW ST 1 123. 90
196- 520- 260-000 755 SAINT ANDREW ST 1 123. 90
196- 520- 270- 000 763 SAINT ANDREW ST 1 123. 90
196- 520- 280- 000 769 SAINT ANDREW ST 1 123. 90
196- 520-290-000 781 SAINT ANDREW ST 1 123. 90
196- 520- 300- 000 789 SAINT ANDREW ST 1 123. 90
196- 520- 310- 000 795 SAINT ANDREW ST 1 123. 90
196- 520- 320- 000 803 SAINT ANDREW ST 1 123. 90
196- 520- 330- 000 800 SAINT ANDREW ST 1 123. 90
196- 520- 340- 000 790 SAINT ANDREW ST 1 123. 90
196- 520-350-000 780 SAINT ANDREW ST 1 123. 90
196- 520- 360- 000 770 SAINT ANDREW ST 1 123. 90
196- 520- 370- 000 764 SAINT ANDREW ST 1 123. 90
196- 520- 380- 000 756 SAINT ANDREW ST 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright © 2013 by NBS Page 5 of 11 04/ 17/ 2023 10: 21: 54AM 320
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy ( 1)
196- 520- 390- 000 14070 SOUTHPORT ST 1 123. 90
196- 520- 400- 000 14080 SOUTHPORT ST 1 123. 90
196- 5 20- 410-000 14090 SOUTHPORT ST 1 123. 90
196- 520- 420- 000 14094 SOUTHPORT ST 1 123. 90
196- 5 20- 430- 000 14098 SOUTHPORT ST 1 123. 90
196- 520- 440- 000 14100 SOUTHPORT ST 1 123. 90
196- 520-450- 000 14120 SOUTHPORT ST 1 123. 90
196- 520-460- 000 770 QUAKER RIDGE CT 1 123. 90
196- 520- 470- 000 760 QUAKER RIDGE CT 1 123. 90
196- 520- 480- 000 750 QUAKER RIDGE CT 1 123. 90
196- 520- 490- 000 740 QUAKER RIDGE CT 1 123. 90
196- 520- 510- 000 725 QUAKER RIDGE CT 1 123. 90
196- 520- 520- 000 735 QUAKER RIDGE CT 1 123. 90
196- 520- 530- 000 745 QUAKER RIDGE CT 1 123. 90
196- 520- 540- 000 755 QUAKER RIDGE CT 1 123. 90
196- 520- 550- 000 765 QUAKER RIDGE CT 1 123. 90
196- 520- 560-000 775 QUAKER RIDGE CT 1 123. 90
196- 520- 570- 000 730 QUAKER RIDGE CT 1 123. 90
196- 530-010-000 809 SAINT ANDREW ST 1 123. 90
196- 530- 020- 000 817 SAINT ANDREW ST 1 123. 90
196- 530-030- 000 823 SAINT ANDREW ST 1 123. 90
196- 530- 040- 000 827 SAINT ANDREW ST 1 123. 90
196- 530- 050- 000 831 SAINT ANDREW ST 1 123. 90
196- 530- 060- 000 835 SAINT ANDREW ST 1 123. 90
196- 530- 070- 000 839 SAINT ANDREW ST 1 123. 90
196- 530- 080- 000 909 PINECREST CT 1 123. 90
196- 530- 090- 000 917 PINECREST CT 1 123. 90
196- 530- 100- 000 927 PINECREST CT 1 123. 90
196- 530- 110- 000 931 PINECREST CT 1 123. 90
196- 530- 120- 000 935 PINECREST CT 1 123. 90
196- 530- 130- 000 934 PINECREST CT 1
123. 90
196- 530- 140-000 930 PINECREST CT 1 123. 90
196- 530- 150- 000 926 PINECREST CT 1 123. 90
196- 530- 160-000 922 PINECREST CT 1 123. 90
196- 530- 170- 000 916 PINECREST CT 1 123. 90
196- 530- 180- 000 908 PINECREST CT 1 123. 90
196- 530- 190- 000 14076 PINECREST ST 1 123. 90
196- 530- 200- 000 14080 PINECREST ST 1 123. 90
196- 530- 210- 000 14090 PINECREST ST 1 123. 90
196- 530- 220- 000 14094 PINECREST ST 1 123. 90
196- 530- 230- 000 14100 PINECREST ST 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright © 2013 by NBS Page 6 of 11 04/ 17/ 2023 10: 21: 54AM 321
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy ( 1)
196- 530- 240- 000 14121 CHANTILLY CT 1 123. 90
196- 530- 250- 000 14111 CHANTILLY CT 1 123. 90
196- 530- 260- 000 14101 CHANTILLY CT 1 123. 90
196- 530- 270- 000 14095 CHANTILLY CT 1 123. 90
196- 530- 280- 000 14091 CHANTILLY CT 1 123. 90
196-530- 290-000 14081 CHANTILLY CT 1 123. 90
196- 530- 300- 000 14071 CHANTILLY CT 1 123. 90
196- 530- 310- 000 14072 CHANTILLY CT 1 123. 90
196- 530- 320- 000 14080 CHANTILLY CT 1 123. 90
196- 530- 330- 000 14090 CHANTILLY CT 1 123. 90
196- 530- 340-000 14100 CHANTILLY CT 1 123. 90
196- 530- 350- 000 14106 CHANTILLY CT 1 123. 90
196- 530- 360-000 14110 CHANTILLY CT 1 123. 90
196- 530- 370- 000 14114 CHANTILLY CT 1 123. 90
196- 530- 380- 000 14120 CHANTILLY CT 1 123. 90
196- 530- 390- 000 14124 CHANTILLY CT 1 123. 90
196- 530- 400- 000 14101 PINECREST ST 1 123. 90
196-530-410- 000 14095 PINECREST ST 1 123. 90
196- 530- 420- 000 14091 PINECREST ST 1 123. 90
196- 530- 430- 000 14081 PINECREST ST 1 123. 90
196-530- 440-000 14071 PINECREST ST 1 123. 90
196- 530- 450- 000 14061 PINECREST ST 1 123. 90
196- 530- 460- 000 830 SAINT ANDREW ST 1 123. 90
196- 530- 470- 000 826 SAINT ANDREW ST 1 123. 90
196- 530- 480- 000 822 SAINT ANDREW ST 1 123. 90
196- 530- 490- 000 816 SAINT ANDREW ST 1 123. 90
196- 530- 500- 000 808 SAINT ANDREW ST 1 123. 90
196- 530- 510- 000 785 QUAKER RIDGE CT 1 123. 90
196-530- 520-000 791 QUAKER RIDGE CT 1 123. 90
196- 530- 530- 000 801 QUAKER RIDGE CT 1 123. 90
196- 530- 540- 000 807 QUAKER RIDGE CT 1 123. 90
196- 530- 550- 000 811 QUAKER RIDGE CT 1 123. 90
196- 530- 560- 000 810 QUAKER RIDGE CT 1 123. 90
196- 530- 570- 000 800 QUAKER RIDGE CT 1 123. 90
196- 530- 580- 000 790 QUAKER RIDGE CT 1 123. 90
196- 530- 590- 000 786 QUAKER RIDGE CT 1 123. 90
196- 530- 600- 000 780 QUAKER RIDGE CT 1 123. 90
196- 540- 010- 000 14401 CEDAR VALLEY DR 1 123. 90
196- 540- 020- 000 14325 CEDAR VALLEY DR 1 123. 90
196- 540-030- 000 14315 JASPER ST 1 123. 90
196- 540- 040- 000 14235JASPER ST 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright © 2013 by NBS Page 7 of 11 04/ 17/ 2023 10: 21: 54AM 322
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/24
APN Address Units Levy ( 1)
196- 540- 050- 000 14225 JASPER ST 1 123. 90
196- 540- 060- 000 14215JASPER ST 1 123. 90
196- 540-070-000 14201 JASPER ST 1 123. 90
196- 540- 080- 000 14125 JASPER ST 1 123. 90
196-540-090-000 14115 JASPER ST 1 123. 90
196- 540- 100- 000 14120 JASPER ST 1 123. 90
196- 540- 110- 000 14200 JASPER ST 1 123. 90
196- 540- 120- 000 14220 JASPER ST 1 123. 90
196- 540- 130- 000 14230 JASPER ST 1 123. 90
196- 540- 140- 000 14300 JASPER ST 1 123. 90
196- 540- 150- 000 14135 SOUTHPORT ST 1 123. 90
196- 540- 160- 000 14130 SOUTHPORT ST 1 123. 90
196- 540- 180- 000 759 SUGAR PINE DR 1 123. 90
196- 540- 190- 000 775 SUGAR PINE DR 1 123. 90
196- 540- 200- 000 787 SUGAR PINE DR 1 123. 90
196- 540- 210- 000 793 SUGAR PINE DR 1 123. 90
196- 540- 220- 000 795 SUGAR PINE DR 1 123. 90
196- 540- 230- 000 801 SUGAR PINE DR 1 123. 90
196- 540- 240- 000 807 SUGAR PINE DR 1 123. 90
196- 540- 250- 000 813 SUGAR PINE DR 1 123. 90
196-540- 260- 000 817 SUGAR PINE DR 1 123. 90
196- 540- 270- 000 819 SUGAR PINE DR 1 123. 90
196-540- 280-000 825 SUGAR PINE DR 1 123. 90
196- 540- 290- 000 831 SUGAR PINE DR 1 123. 90
196- 540- 300- 000 14120 PINECREST ST 1 123. 90
196- 540- 310- 000 14130 PINECREST ST 1 123. 90
196- 540- 320- 000 14131 CHANTILLY CT 1 123. 90
196- 540- 330- 000 812 SUGAR PINE DR 1 123. 90
196- 540- 340- 000 806 SUGAR PINE DR 1 123. 90
196- 540- 350- 000 800 SUGAR PINE DR 1 123. 90
196- 540- 360- 000 794 SUGAR PINE DR 1 123. 90
196- 540- 370- 000 786 SUGAR PINE DR 1 123. 90
196- 540- 380- 000 774 SUGAR PINE DR 1 123. 90
196- 540- 390- 000 762 SUGAR PINE DR 1 123. 90
196- 540- 400- 000 750 SUGAR PINE DR 1 123. 90
196- 540- 410- 000 742 SUGAR PINE DR 1 123. 90
196- 540- 420- 000 14230 CEDAR VALLEY DR 1 123. 90
196- 540- 430- 000 14240 CEDAR VALLEY DR 1 123. 90
196- 540- 440- 000 14300 CEDAR VALLEY DR 1 123. 90
196- 540- 450- 000 14310 CEDAR VALLEY DR 1 123. 90
196- 540- 460- 000 14320 CEDAR VALLEY DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright © 2013 by NBS Page 8 of 11 04/ 17/ 2023 10: 21: 54AM 323
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/24
APN Address Units Levy ( 1)
196- 540- 470- 000 14330 CEDAR VALLEY DR 1 123. 90
196-540-480- 000 14400 CEDAR VALLEY DR 1 123. 90
196- 540- 490- 000 14420 CEDAR VALLEY DR 1 123. 90
196- 540- 500- 000 747 SUGAR PINE DR 1 123. 90
196- 550- 010- 000 14134 CHANTILLY CT 1 123. 90
196- 550- 020- 000 14211 PINEWOOD DR 1 123.90
196- 550- 030- 000 14221 PINEWOOD DR 1 123. 90
196- 550- 040- 000 14301 PINEWOOD DR 1 123. 90
196- 550- 050- 000 14311 PINEWOOD DR 1 123. 90
196- 550- 060- 000 14321 PINEWOOD DR 1 123. 90
196- 550- 070-000 14401 PINEWOOD DR 1 123. 90
196- 550- 080- 000 14411 PINEWOOD DR 1 123. 90
196- 550-090- 000 14421 PINEWOOD DR 1 123. 90
196- 550- 100- 000 14501 PINEWOOD DR 1 123. 90
196- 550- 110- 000 14513 PINEWOOD DR 1 123. 90
196- 550- 120- 000 14525 PINEWOOD DR 1 123. 90
196- 550- 130- 000 14537 PINEWOOD DR 1 123. 90
196- 550- 140- 000 14536 PINEWOOD DR 1 123. 90
196- 550- 150- 000 14524 PINEWOOD DR 1 123. 90
196- 550- 160- 000 14512 PINEWOOD DR 1 123. 90
196- 550- 170- 000 14500 PINEWOOD DR 1 123. 90
196- 550- 180- 000 14420 PINEWOOD DR 1 123. 90
196- 550- 190- 000 14410 PINEWOOD DR 1 123. 90
196- 550- 200- 000 14400 PINEWOOD DR 1 123. 90
196- 550- 210- 000 14320 PINEWOOD DR 1 123. 90
196- 550- 220- 000 14300 PINEWOOD DR 1 123. 90
196- 550- 230- 000 14220 PINEWOOD DR 1 123. 90
196- 550- 240- 000 14210 PINEWOOD DR 1 123. 90
196- 550- 250- 000 14200 PINEWOOD DR 1 123. 90
196- 550- 260- 000 14130 PINEWOOD DR 1 123. 90
196- 550- 270- 000 14120 PINEWOOD DR 1 123. 90
196- 550- 280- 000 14110 PINEWOOD DR 1 123. 90
196-550- 290-000 830 SUGAR PINE DR 1 123. 90
196- 550- 300- 000 824 SUGAR PINE DR 1 123. 90
196- 550- 310- 000 818 SUGAR PINE DR 1 123. 90
196- 560- 010- 000 963 LONG BARN DR 1 123. 90
196- 560- 020- 000 951 LONG BARN DR 1 123. 90
196- 560- 030- 000 939 LONG BARN DR 1 123. 90
196- 560- 040- 000 927 LONG BARN DR 1 123. 90
196- 560- 050-000 915 LONG BARN DR 1 123. 90
196- 560- 060- 000 903 LONG BARN DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright © 2013 by NBS Page 9 of 11 04/ 17/ 2023 10: 21: 54AM 324
City of Lathrop
LUMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/24
APN Address Units Levy ( 1)
196- 560- 070- 000 891 LONG BARN DR 1 123. 90
196- 560- 080- 000 900 LONG BARN DR 1 123. 90
196- 560- 090- 000 912 LONG BARN DR 1 123. 90
196- 560- 100- 000 14823 HARBOR CT 1 123. 90
196- 560- 110- 000 14825 HARBOR CT 1 123. 90
196- 560- 120- 000 14836 HARBOR CT 1 123. 90
196- 560- 130- 000 14824 HARBOR CT 1 123. 90
196- 560- 140- 000 924 LONG BARN DR 1 123. 90
196- 560- 150- 000 936 LONG BARN DR 1 123. 90
196- 560- 160-000 948 LONG BARN DR 1 123. 90
196- 560- 170- 000 960 LONG BARN DR 1 123. 90
196-560- 180-000 972 LONG BARN DR 1 123. 90
196- 560- 190- 000 984 LONG BARN DR 1 123. 90
196- 570- 010- 000 815 CLIFFORD DR 1 123. 90
196- 570-020- 000 809 CLIFFORD DR 1 123. 90
196- 570- 030- 000 803 CLIFFORD DR 1 123. 90
196- 570- 040- 000 799 CLIFFORD DR 1 123. 90
196- 570- 050- 000 797 CLIFFORD DR 1 123. 90
196- 570- 060- 000 789 CLIFFORD DR 1 123. 90
196-570- 070- 000 783 CLIFFORD DR 1 123. 90
196- 570- 080- 000 777 CLIFFORD DR 1 123. 90
196- 570- 090- 000 773 CLIFFORD DR 1 123. 90
196- 570- 100-000 767 CLIFFORD DR 1 123. 90
196- 570- 110- 000 14429 PINE VALLEY DR 1 123. 90
196- 570- 120- 000 14431 PINE VALLEY DR 1 123. 90
196- 570- 130- 000 14435 PINE VALLEY DR 1 123. 90
196- 570- 140- 000 14439 PINE VALLEY DR 1 123. 90
196- 570-150-000 14440 PINE VALLEY DR 1 123. 90
196- 570- 160- 000 14432 PINE VALLEY DR 1 123. 90
196- 570- 170- 000 14430 PINE VALLEY DR 1 123. 90
196- 570- 180- 000 770 CLIFFORD DR 1 123. 90
196- 570- 190-000 780 CLIFFORD DR 1 123. 90
196- 570- 200-000 786 CLIFFORD DR 1 123. 90
196- 570- 210- 000 794 CLIFFORD DR 1 123. 90
196- 570-220- 000 800 CLIFFORD DR 1 123. 90
196- 570- 230- 000 806 CLIFFORD DR 1 123. 90
196-570-240-000 812 CLIFFORD DR 1 123. 90
196- 570- 250- 000 818 CLIFFORD DR 1 123. 90
196- 570- 270- 000 824 CLIFFORD DR 1 123. 90
196- 570- 280- 000 830 CLIFFORD DR 1 123. 90
196- 570- 290- 000 14463 SILVER CREEK DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright © 2013 by NBS Page 10 of 11 04/ 17/ 2023 10: 21: 54AM 325
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023124
APN Address Units Levy ( 1)
196- 570- 300- 000 14475 SILVER CREEK DR 1 123. 90
196- 570- 310- 000 14487 SILVER CREEK DR 1 123. 90
196- 570- 320- 000 14493 SILVER CREEK DR 1 123. 90
196-570- 330-000 14490 SILVER CREEK DR 1 123. 90
196- 570- 340- 000 14484 SILVER CREEK DR 1 123. 90
196-570- 350-000 14478 SILVER CREEK DR 1 123. 90
196- 570- 360- 000 14472 SILVER CREEK DR 1 123. 90
196- 570- 370- 000 14466 SILVER CREEK DR 1 123. 90
196-570- 380- 000 14460 SILVER CREEK DR 1 123. 90
196- 570- 390- 000 833 CLIFFORD DR 1 123. 90
196- 570- 400- 000 827 CLIFFORD DR 1 123. 90
196- 570- 410-000 821 CLIFFORD DR 1 123. 90
196- 570- 420- 000 803 KILARNEY CT 1 123. 90
196- 570- 430-000 809 KILARNEY CT 1 123. 90
196- 570-440-000 813 KILARNEY CT 1 123. 90
196- 570- 450- 000 821 KILARNEY CT 1 123. 90
196- 570- 460-000 827 KILARNEY CT 1 123. 90
196- 570- 470- 000 830 KILARNEY CT 1 123. 90
196- 570- 480-000 824 KILARNEY CT 1 123. 90
196- 570- 490-000 816 KILARNEY CT 1 123. 90
196- 570- 500- 000 808 KILARNEY CT 1 123. 90
196- 570-510-000 800 KILARNEY CT 1 123. 90
196- 570-520-000 784 KILARNEY CT 1 123. 90
196- 570-530- 000 776 KILARNEY CT 1 123. 90
196- 570-540- 000 768 KILARNEY CT 1 123. 90
196- 570- 550- 000 760 KILARNEY CT 1 123. 90
196- 570- 560- 000 752 KILARNEY CT 1 123. 90
196- 570- 570- 000 744 KILARNEY CT 1 123. 90
196- 570- 580- 000 741 KILARNEY CT 1 123. 90
196- 570- 590- 000 749 KILARNEY CT 1 123. 90
196-570- 600-000 757 KILARNEY CT 1 123. 90
196-570- 610-000 765 KILARNEY CT 1 123. 90
442 Accounts 442 $ 54, 763. 80
442 Total Accounts
442 $ 54,763.80
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE QUITCLAIM DEED TO TRANSFER OPEN
SPACE PARCEL ( APN 210- 590- 04) TO ISLAND
RECLAMATION DISTRICT NO. 2062
RECOMMENDATION: Adopt Resolution Approving a Quitclaim Deed to Transfer an Open Space ( APN 210- 590- 04) to Island
Reclamation District No. 2062
SUMMARY:

River Islands Stage 2A, LLC ( River Islands) inadvertently dedicated a parcel of open space to the City of Lathrop ( City) with the approval of the final map for Tract 4021 Village " S" on May 11, 2020. Typically, a park is dedicated to the City as part of the Quimby Act, which requires developers to provide land or funding for park development. However, this particular parcel is not a Quimby Act park and therefore, should not have been dedicated to the City. Instead, it should have been dedicated to Island Reclamation District No. 2062 ( RD 2062). Letters from RD 2062 and River Islands, requesting the transfer of the parcel, are included as Attachment " B".

Staff recommends that the Council approve the proposed Quitclaim Deed to RD 2062, included as Attachment " C". A Vicinity Map is also included as Attachment " D".

BACKGROUND:

On May 11, 2020, the Council approved the final map for Tract 4021 Village " S", which created 44 residential lots. The final map also dedicated a 0. 412- acre parcel to the City for the purposes of public utilities, storm drain facilities, fence maintenance, and appurtenances ( Parcel). Typically, a park is dedicated to the City as part of the Quimby Act, which requires developers to provide land or fund for park development, however, the Parcel is not a Quimby Act park. Therefore, it should not have been dedicated to the City; instead, it should have been dedicated to RD 2062.

All non - Quimby Act open spaces in the River Islands Development are owned and maintained by RD 2062, River Islands Public Financing Authority ( RIPFA), HOA, or an entity other than the City.

The transfer of the Parcel to RD 2062 does not conflict with any existing conditions or development agreements and River Islands has satisfied the open space and park acreage requirements for Vesting Tentative Map 3694. Staff recommends Council approve the proposed Quitclaim Deed to RD 2062 and authorize the transfer of the open space to RD 2062 pursuant to their request.

REASON FOR RECOMMENDATION:

RD 2062 and River Islands asks that the City transfer the open space parcel to RD 2062, as originally intended with the final map approval for Tract 4021. Staff recognizes that the Parcel should not have been dedicated to the City and therefore, supports RD 2062' s and River Islands' requests to transfer the Parcel to RD 2062. 327
CITY MANAGER' S REPORT PAGE 2
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
APPROVE QUITCLAIM DEED TO TRANSFER OPEN SPACE PARCEL TO RD 2062 FISCAL IMPACT:

There is no cost to the City to execute the deed. All costs for City staff time have been paid by River Islands.

ATTACHMENTS:

A. Resolution Approving a Quitclaim Deed to Transfer an Open Space Parcel ( APN 210- 590- 04) to Island Reclamation District No. 2062
B. Letters from Island Reclamation District No. 2062 and River Islands Stage 2A, LLC requesting City to transfer open space parcel to RD 2062 C. Proposed Quitclaim Deed from City to RD 2062
D. Vicinity Map of Open Space - Village " S"
328
CITY MANAGER' S REPORT PAGE 3
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
APPROVE QUITCLAIM DEED TO TRANSFER OPEN SPACE PARCEL TO RD 2062 APPROVALS:

I
Bellal Nabizadah
Assistant Engineer
Todd Bastian
Parks and Recreation Director
0 Brad aylor
City engineer
Ca
Finance ector
Michael King
Assistant City Manage
Salvador Nava
City Attorney
Steffen J. Salvatore
City Manager
6iC)/ z3
Date
6 6 Zo23
Date
6/ 6/ zoys
Date
14,- Zw
Date
4c - co - Z o 23
Date
6,
Date
Cv•' 7• z3
Date
329
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A QUITCLAIM DEED TO TRANSFER AN OPEN SPACE PARCEL APN 210- 590- 04) TO ISLAND RECLAMATION DISTRICT NO. 2062 WHEREAS, On May 11, 2020, the Council approved the final map for Tract 4021 Village " S", which created 44 residential lots. The final map also dedicated a

0. 412- acre parcel to the City for the purposes of public utilities, storm drain facilities, fence maintenance, and appurtenances ( Parcel); and
WHEREAS, typically, a park is dedicated to the City as part of the Quimby Act, which requires developers to provide land or fund for park development, however, the Parcel is not a Quimby Act park; and
WHEREAS, it should not have been dedicated to the City; instead, it should have been dedicated to Island Reclamation District No. 2062 ( RD 2062. All non - Quimby Act open spaces in the River Islands Development are owned and maintained by RD 2062, River Islands Public Financing Authority ( RIPFA), HOA, or an entity other than the City; and
WHEREAS, the transfer of the Parcel to RD 2062 does not conflict with any existing conditions or development agreements and River Islands has satisfied the open space and park acreage requirements for Vesting Tentative Map 3694; and WHEREAS, the request letters from RD 2062 and River Islands Stage 2A, LLC River Islands), requesting the transfer of the parcel, is included as Attachment " B" and the proposed Quitclaim Deed to RD 2062, included as Attachment " C" to the City Manager' s Report that accompanied this resolution; and WHEREAS, there is no cost to the City to execute the deed. All costs for City staff time have been paid by River Islands; and
WHEREAS, staff recognizes that the Parcel should not have been dedicated to the City and therefore, supports RD 2062' s and River Islands' requests to transfer the Parcel to RD 2062; and
WHEREAS, staff recommends that the Council approve the Quitclaim Deed to RD 2062 and authorize the transfer of the open space parcel to RD 2062 as requested.

NOW, BE IT RESOLVED, by the City Council of the City of Lathrop that the City Manager or their designee is authorized to execute the Quitclaim Deed to RD 2062 and transfer the Parcel to RD 2062 as requested.

BE IT FURTHER RESOLVED, City council of the City of Lathrop finds that the Parcel was dedicated to the City of Lathrop erroneously and should have been dedicated to RD 2062.

BE IT FURTHER RESOLVED, to correct the error, City Council hereby transfers the Parcel to RD 2062 by Quitclaim Deed.
330
The foregoing resolution was passed and adopted this 12th day of June 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Teresa Vargas
City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:

Salvador Navarrete
City Attorney
331
ATTACHMEN 1
Z.

ISLAND RECLAMATION DISTRICT No. 2062
STEWART TRACT— SAN JOAQUIN COUNTY
73 W. Stewart Road
LATHROP, CALIFORNIA 95330
TEL: ( 209) 879- 7900
May 25, 2023
Brad Taylor, City Engineer
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Email: [email protected]. tathrop.lathrop. ca.ca. usus
Subject: Ownership and Development of Horizon Park — Village S ( Lakeside East District)
Dear Brad:

With the approval and recommendation of Tract 4021, the first final map within Village S in the Lakeside East District, Parcel A (reserved for open space/ park purposes) was inadvertently dedicated to the City of Lathrop. As you are aware, this open space parcel is not a park developed for Quimby Act purposes ( to meet River Islands acreage totals under Quimby, or otherwise be owned by the City of Lathrop). The intent was to have Parcel A be reserved for ownership to Reclamation District No. 2062 ( RD 2062) and maintained by River Islands Public Financing Authority ( RIPFA). Under condition 16 of Vesting Tentative Map 3694, all public parks that are adjacent to or include an internal or external water body, including river front lake front and canal parks, as well as other open space and landscaping not otherwise maintained by the City are to be owned and maintained by RD 2062, RIPFA, an HOA or an entity other than the City of Lathrop. Parks meant to be owned ( dedicated) to the City are shown on the Master Parks and Open Space Plan for Phase 1; Horizon Park in Village S is not identified as such a park.

The park -like improvements that currently exist on Parcel A of Tract 4021 were constructed by Lennar Homes under its agreement with the River Islands developer. Horizon Park is meant to serve only the residents in Village S as a result.

With this letter, we are formally requesting that the City transfer title to RD 2062 at the City' s earliest possible convenience. Lennar would like to make Horizon Park available to its residents as soon as possible.

If you have any questions regarding this letter, please feel free to contact me at ( 209) 879- 7900 or at sdellosso@riverislands. com.

S' cerely,
4A Susan
Dell' Osso, President Island
Reclamation District No. 2062
332
Letter to Taylor
RE: Horizon Park Transfer
May 25, 2023

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Lathrop City CouncilJune 12, 2023

Lathrop City Council
June 12, 2023