Lathrop City Council
October 9, 2023

October 9, 2023 – Regular Meeting Agenda – 7:00 p.m.

Printed on Recycled Paper See Reverse
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October 9, 2023 – City Council Regular Meeting – 7:00 p.m.

City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
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
Thomas Hedegard, Deputy 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
Stephen Sealy, Interim Chief of Police
General Order of Business

1. Preliminary
• Call to Order
• Closed Session
• Roll Call
• Invocation
• Pledge of Allegiance
• Announcements by Mayor/City Mgr.
• Informational Items
• Declaration of Conflict of Interest

2. Presentations

3. Citizen’s Forum

4. Consent Calendar

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

6. Council Communications

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

Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 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:
https://www.zoomgov.com/j/1616066264?pwd=ZlRoYXhDVzRFWH EzcE8waHl3OUdLZz09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter.

Please ensure your computer speaker and microphone are fully functional.

For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.

Meeting Webinar ID: 161 606 6264 / Passcode: 782222
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230 Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.

To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.

Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.

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

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

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

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:

Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 3

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 9, 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 INTRODUCTION PROCLAMATION HONORING NATIONAL HISPANIC

HERITAGE MONTH

2.2 QUARTERLY ECONOMIC DEVELOPMENT PRESENTATION

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 4 October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 4 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 August 14, 2023

4.3 SECOND READING AND ADOPTION OF ORDINANCE 23-448 OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2
“ADMINISTRATION AND PERSONNEL”, CHAPTER 2.36 “PURCHASING SYSTEM”, SECTION 2.36.110 “EXCEPTIONS TO PURCHASING
PROCEDURES AND LIMITS”
Waive Full Reading and Adopt Ordinance 23-448 Amending Title 2, Chapter 2.36 “Purchasing System”, Section 2.36.110 “Exceptions To Purchasing Procedures and Limits” by Adding a New Section (“D”) to Allow Cooperative Purchasing Agreements

4.4 TREASURER’S REPORT FOR JUNE 2023
Approve Quarterly Treasurer’s Report for June 2023

4.5 PLANNING FEE WAIVER REQUEST BY THRIVE CHURCH (TUP-23-105) Adopt Resolution Waiving the Temporary Use Permit Application Processing and Document Retention Fees for the Thrive Church, in the Combined Amount of $392

4.6 APPROVE 2023 FACILITY FEE WAIVER REQUEST FOR LATHROP LITTLE LEAGUE
Adopt Resolution Approving a Facility Fee Waiver Request from Lathrop Little League for the Use of Scott Brooks Gymnasium on October 20, 2023 from 10:00 a.m. to 10:00 p.m. for a Registration Night Event

4.7 APPROVE 2023 FACILITY FEE WAIVER REQUEST FOR LIFT UP YOUR HEAD THERAPEUTIC GROUP HOMES, INC.

Adopt Resolution Approving a Facility Fee Waiver Request from Lift Up Your Head Therapeutic Group Homes, Inc, for the Use of the Lathrop 5 October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 5 Senior Center on December 16, 2023 from 10:00 a.m. to 7:00 p.m. to Host a Christmas Luncheon

4.8 APPROVE THE NAMING OF NEW CITY PARK
Adopt Resolution Naming the New Acres Community Neighborhood Park after Missionary Minnie Lee Cotton

4.9 APPROVE CONTRACT WITH HOLT OF CALIFORNIA INC. FOR CITYWIDE

GENERATOR AND FIRE PUMP MAINTENANCE AND APPROVE BUDGET

AMENDMENT
Adopt Resolution Approving a Contract with Holt of California Inc. for Citywide Generator and Fire Pump Maintenance and Approve Budget Amendment

4.10 APPROVE CONTRACT CHANGE ORDER NO. 31 WITH DAVID SILVA, DBA

SILVA LANDSCAPE FOR LANDSCAPE IRRIGATION SYSTEMS

MAINTENANCE SERVICES AND APPROVE BUDGET AMENDMENT
Adopt Resolution Approving Contract Change Order No. 31 with David Silva, dba Silva Landscape for Landscape Irrigation Systems Maintenance Services and Approve Budget Amendment

4.11 APPROVE APPOINTMENT OF A PUBLIC MEMBER TO THE SAN JOAQUIN

AREA FLOOD CONTROL AGENCY BOARD OF DIRECTORS
Adopt Resolution Appointing a Public Member to the San Joaquin Area Flood Control Agency Board of Directors and to the Enhanced Infrastructure Financing District Public Financing Authority

4.12 APPROVE PURCHASE AND INSTALLATION OF SWARCO MCCAIN, INC.

PRODUCTS FOR CITY-WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23-01 AND APPROVE BUDGET AMENDMENT
Adopt Resolution Approving the Purchase and Installation of Swarco McCain Inc. Products for the Citywide Traffic Systems and Safety Upgrades Project, CIP PS 23-01 and Approve Budget Amendment

4.13 AWARD CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE

RIVER CONSTRUCTION FOR CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15-02 AND

APPROVE BUDGET AMENDMENT
Adopt Resolution to Award a Construction Contract to DSS Company dba Knife River Construction for Construction of Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15-02 and Approve Budget Amendment

4.14 AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR CONSTRUCTION OF SIDEWALK INFILL AT “J” STREET AND 5TH STREET INTERSECTION, CIP PS 23-09
6 October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution to Award a Construction Contract to Dirt Dynasty, Inc. for Construction of Sidewalk Infill at “J” Street and 5th Street Intersection, CIP PS 23-09

4.15 ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR STANFORD PLACE, SPARTAN WAY AT CENTRAL PACIFIC, AND PHASE 1D

PARK IMPROVEMENTS FROM LATHROP LAND ACQUISITION, LLC,

LOCATED WITHIN THE CLSP AREA, AND APPROVE BUDGET

AMENDMENT AND CHANGE ORDERS FOR MAINTENANCE
Adopt Resolution Accepting Public Improvements with Associated Conditions for Stanford Place, Spartan Way at Central Pacific, and Phase 1D Park Improvements from Lathrop Land Acquisition, LLC, Located within the CLSP Area, and Approving Budget Amendment and Change Orders for Maintenance

4.16 CREATE CIP PK 24-26, EAGLE’S LANDING PARK, APPROVE REIMBURSEMENT AGREEMENT WITH D.R. HORTON, AND APPROVE
BUDGET AMENDMENT FOR NEIGHBORHOOD PARK WITHIN TRACT 4151 Adopt Resolution Creating CIP PK 24-26, Eagle’s Landing Park, Approving Reimbursement Agreement with D.R. Horton, and Approving Budget Amendment for Neighborhood Park within Tract 4151

RIVER ISLANDS DEVELOPMENT CONSENT ITEM(S)

4.17 RESCIND PREVIOUS APPROVAL AND APPROVE MODIFIED FINAL MAP FOR TRACT 4131 VILLAGE “KK” AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 75 LOTS WITHIN OLD RIVER DISTRICT OF RIVER

ISLANDS
Adopt Resolution Rescinding Previous Approval and Approving Modified Final Map for Tract 4131 Village “KK” within the Old River District, Totaling 75 Multi-Family Lots, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC

4.18 APPROVE FINAL MAP, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 95 LOTS IN TRACT 4130 VILLAGE “II” WITHIN OLD RIVER

DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4130 Village “II” within the Old River District, Totaling 95 Single Family Lots, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC

4.19 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 29 LOTS IN TRACT 4173 VILLAGE 41 UNIT 1 WITHIN LAKE HARBOR WEST DISTRICT OF RIVER ISLANDS Adopt Resolution Approving Final Map for Tract 4173 Village 41 Unit 1 within the Lake Harbor West District, Totaling 29 Single Family Lots, Annexation into CFD 2023-1, and Subdivision Improvement Agreement with River Islands Development Area 1, LLC
7 October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 7

5. SCHEDULED ITEMS
(Please Note - A discussion item was noticed for a Public Hearing to consider an ordinance to amend the Lathrop Municipal Code Title 2 (Administration and Personnel), Chapter 2.04 (City Council), Section 2.04.020 (Compensation of City Council), to increase City Council Compensation in Accordance with new Senate Bill 329 (Dodd). This item is being pulled by staff, this item will not be presented, there is no current action requested at this time.)

5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER THE GENERAL PLAN AND ZONING CONSISTENCY PROJECT (TA-23-93)
City Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt Resolution to Find the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section 21083.3 and California Environmental Quality Act (CEQA) Guidelines Section 15183.

3. Adopt Resolution to Amend the Mossdale Landing and Mossdale Landing South Urban Design Concepts (UDC’s) for Consistency with the 2022 Lathrop General Plan Update.

4. First Reading and Introduction of an Ordinance to Amend the Lathrop Zoning Map, Modify Title 10 (Vehicles and Traffic) of the Lathrop Municipal Code, and Adopt Various Amendments to Title 17 (Zoning) of the Lathrop Municipal Code for Consistency with the 2022 Lathrop General Plan Update

5.2 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER THE CENTRAL LATHROP SPECIFIC PLAN PHASE 2 AMENDMENT AND CODE TEXT
AMENDMENT NO. TA-23-104
City Council to Consider the Following:

1. Hold a Public Hearing;

2. Adopt Resolution to Find the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section 21083.3 and California Environmental Quality Act (CEQA) Guidelines Section 15183; and

3. First Reading and Introduction of an Ordinance to Approve the Central Lathrop Specific Plan (CLSP) Phase 2 Amendment and Code Text Amendment to Modify Chapter 17.62, Central Lathrop Zoning Districts to add Article 6, IL-CL: Limited Industrial Zoning Districts and Modify Section 17.62.120 B of the Lathrop Municipal Code

5.3 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER CONDITIONAL USE PERMIT NO. CUP-23-08 AND SITE PLAN REVIEW NO. SPR-23-09

FOR THE ASHLEY FURNITURE PROJECT
City Council to Consider the Following:

1. Hold a Public Hearing;

2. Adopt Resolution to Find the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section 8 October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 8 21083.3 and California Environmental Quality Act (CEQA) Guidelines Section 15183; and

3. Adopt Resolution to Approve a Conditional Use Permit and Site Plan Review for the Ashley Furniture Project to Allow for the Construction of an Approximately 1.5 Million Square Foot Concrete Tilt-Up Building Located within the Central Lathrop Specific Plan Phase 2 Area

5.4 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER ADOPTING AN ORDINANCE AMENDING THE LATHROP MUNICIPAL CODE TITLE 12
“STREETS, SIDEWALKS AND PUBLIC PLACES”, CHAPTER 12.12
“IMPROVEMENTS AND DEDICATIONS”, SECTION 12.12.060
“IMPROVEMENTS TO EXISTING BUILDINGS”
City Council to Consider the Following Items:

1. Hold a Public Hearing; and

2. First Reading and Introduction of an Ordinance Amending Title 12 “Streets, Sidewalks and Public Places”, Chapter 12.12
“Improvements and Dedications”, Section 12.12.060
“Improvements to Existing Buildings” to Modify the Language to Require Frontage Improvements Upon Addition of Improvements to Existing Sites

5.5 REVIEW AND CONSIDER TRAFFIC SAFETY ENHANCEMENT OPTIONS

FOR RIVER ISLANDS PARKWAY AT THE INTERSECTIONS OF BOSCH AVENUE AND IMPERIAL DRIVE, CIP PS 24-07
Council to Consider Options for Traffic Safety Enhancement for River Islands Parkway at the Intersections of Bosch Avenue and Imperial Drive, CIP PS 24-07

5.6 CITY COUNCIL DISCUSSION REGARDING REGULATION AND PERMIT

OPTIONS FOR HOOKAH LOUNGE
City Council to Discuss and Provide Staff Direction as to Whether to Prepare an Ordinance for Review by the Planning Commission and Subsequent Consideration of the City Council, for Regulation and Permit Options for Hookah Lounge Establishments

5.7 FISCAL YEAR (FY) 2022-23 YEAR-END BUDGET REPORT AND RELATED AMENDMENTS AND AMENDMENTS TO THE FISCAL YEAR 2023-24
BUDGET
Adopt Resolution Approving the FY 2022-23 Year-End Report and Related Budget Amendments and Amending the FY 2023-24 Budget

6. COUNCIL COMMUNICATIONS

6.1 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Lazard/Diallo)
9 October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 9 • 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 (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/Torres-O’Callaghan) • LAFCo (Diallo)

6.2 MAYOR & COUNCILMEMBER COMMENT(S)

7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
10 ITEM 4. 2

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, AUGUST 14, 2023
7: 00 P. M.

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

MINUTES
PLEASE NOTE: There was no C/ osed Session. The Reaular Meetin4 commenced at 7: 00 v.m.

1. PRELIMINARY

1. 1 CALL TO ORDER - Vice Mayor Akinjo called the meeting to order at 7: 00 p. m.

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

Absent: Mayor Dhaliwal

1. 3 INVOCATION - Pastor pon Britton, Grace Community Church, provided the invocation.

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

1. 5 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Manager Stephen Salvatore announced that Item 5. 1 would be pulled off the agenda; staff to analyze the information further and agendize the matter to a future meeting.

1. 6 INFORMATIONAL ITEM( S) - None

1. 7 DECLARATION OF CONFLICT( S) OF INTEREST
Councilmember Lazard declared a conflict of interest with Item 4. 21, due to her employment with Dell' Osso Farms. Councilmember Diallo declared a conflict of interest Item 4. 21, due to an agreement with the River Islands Development. City Clerk Teresa Vargas announced that Item 4. 21 would be moved to the next regular City Council meeting due to lack of quorum.

August 14, 2023 Lathrop City Council Regular Meeting Minutes Page 1 11 2. PRESENTATIONS

2. 1 PRESENTATION OF ARTWORK DONATION FROM JIM, SANDY AND

VANESSA GATTO TO THE CITY OF LATHROP FOR THE JOYCE GATTO ART

GALLEY AT CITY HALL
Jim and Sandy Gatto presented the City Council with a piece of artwork painted by the dearly departed Joyce Gatto, titled the " The Pink Lady".

Sandy Gatto provided the meaningful background story behind the painting of the " The Pink Lady" artwork. Bennie Gatto commented on the matter and expressed his late wife' s affection for the arts and the Lathrop community. The City Council expressed their gratitude and sentiments to the Gatto family.

2. 2 PROCLAMATION DECLARING AUGUST AS NATIONAL BREASTFEEDING

AWARENESS MONTH
Councilmember Torres- O' Callaghan provided the presentation to Director of Patient Education & Programs Erin Garcia with the Community Medical Centers.

2. 3 INTRODUCTION OF NEW EMPLOYEES
Finance Director Cari James introduced new Finance Department employee Christopher Hathcox, Customer Services Representative.

Police Chief Ray Bechler introduced new Police Department employees Chantal Ezell, Police Officer, Vatche Tatarian, Police Officer, and Ranjit Dosanjh, Community Services Supervisor. Lieutenant Tracie Shea was not available for introduction.

Assistant City Manager Michael King introduced new Public Works Department employee Dominic Maraspini, Maintenance Services Supervisor.

2. 4 POLICE DEPARTMENT PRESENTATION REGARDING PRIORITY ONE CALL

TYPES AND UPDATED RESPONSE TIMES
Police Chief Bechler provided an informational presentation regarding priority one call types and related response times for the months of June and July. A question and answer period ensued throughout the presentation. Christina Laughlin ( zoom speaker) commented on the matter, requested additional information related to the dispatching of domestic violence calls.

August 14, 2023 Lathrop City Council Regular Meeting Minutes Page 2 12 3. CITIZEN' S FORUM
Gavin Cline ( in person speaker), Legislative Representative for Congress Member John Duarte, provided an overview of various legislative updates and activities for California' s 13th District. Margaret Luevano ( in person speaker) expressed concern with the completed Lathrop Road roadway improvements and the existing configurations of her driveway.

City Manager Stephen Salvatore provided additional information, and requested coordination from Ms. Luevano on obtaining the Property Access Agreement to perform repairs. City Council consensus directed staff to bring back an item for consideration of repairs. to Ms. Luevano' s driveway. Jack Sagisi and Emerson Castillo ( in person speakers) representing United Bacarreneos of America expressed appreciation to the City Council for their participation in the cultural event honoring the sister city relationship with Bacarra, Ilocos Norte, Philippines, held July 22, 2023. City Clerk Teresa Vargas announced public comment letter submitted by Christina Laughlin requesting information regarding the Police Department K9 program.

4. CONSENT CALENDAR
On a motion by Vice Mayor Akinjo, seconded by Councilmember Lazard, the City Council approved the Consent Calendar, Items 4. 1 through 4. 20, by the following roll call vote, unless otherwise indicated:

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

Absent: Dhaliwal
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 Meeting of June 13, 2023 and Special Meeting of June 14, 2023.

4. 3 SECOND READING AND ADOPTION OF ORDINANCE 23- 447 OF THE CITY

COUNCIL OF THE CITY OF LATHROP TO IMPLEMENT A COMMUNITY

CHOICE AGGREGATION PROGRAM TO PROVIDE ELECTRIC SERVICES IN

THE CITY OF LATHROP
August 14, 2023 Lathrop City Council Regular Meeting Minutes Page 3 13 Waived full reading and adopted Ordinance 23- 447 implementing a Community Choice Aggregation Program to provide electric services in the City Of Lathrop.

4. 4 COMPLETE ANNUAL PERFORMANCE REVIEW PROCESS FOR CITY

MANAGER AND CITY ATTORNEY
Adopted Resolution 23- 5341 approving Amendment No. 4 to the City Manager Employment Agreement, and Amendment No. 3 to the City Attorney Employment Agreement.

4. 5 DECLARE CERTAIN VEHICLES AND EQUIPMENT SURPLUS PROPERTY

AND AUTHORIZE THEIR DISPOSAL
Adopted Resolution 23- 5342 declaring certain vehicles and equipment surplus property and authorizing their disposal.

4. 6 APPROVE PURCHASES OF A DUMP TRUCK & VARIOUS HEAVY

CONSTRUCTION EQUIPMENT
Adopted Resolution 23- 5343 approving the purchases of a dump truck various heavy construction equipment.

4. 7 APPROVE WRITE- OFF OF UNCOLLECTIBLE UTILITY AND
MISCELLANEOUS CUSTOMER ACCOUNTS FOR FISCAL YEAR 2022- 23 Pulled by Vice Mayor Akinjo. A question and answer period ensued.

Finance Director Cari ) ames provided the information.

Adopted Resolution 23- 5344 approving Adopt Resolution to Approve Write- Off of Uncollectible Utility and Miscellaneous Accounts for Fiscal Year ( FY) 2022- 23

4. 8 APPROVE 2023 FACILITY FEE WAIVER REQUEST FOR THE LATHROP

LIONS CLUB
Adopted Resolution 23- 5345 approving a Facility Fee Waiver Request from the Lathrop Lions Club for the Use of a Valverde Park Shelter on October 21, 2023 to host a Breast Cancer Walk.

4. 9 APPROVE ADDITIONAL INDUSTRIAL SOLID WASTE LICENSE FOR FISCAL YEAR 2023- 24
Pulled by Vice Mayor Akinjo. A question and answer period ensued.

Parks, Recreation and Maintenance Services Director Todd Sebastian provided the information.

August 14, 2023 Lathrop City Council Regular Meeting Minutes Page 4 14 Adopted Resolution 23- 5346 approving an Annual Industrial Solid Waste License for Tony & Sons Trucking for Fiscal Year 2023- 24.

4. 10 APPROVE AMENDMENT NO. 1 WITH MIG INC. TO UPDATE THE ADA

SELF- EVALUATION AND TRANSITION PLAN
Adopted Resolution 23- 5347 approving Amendment No. 1 with MIG Inc. to update the ADA Self- Evaluation and Transition Plan.

4. 11 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 95 LOTS IN TRACT 4151 WITHIN THE MOSSDALE VILLAGE AREA Adopted Resolution 23- 5348 approving Final Map for Tract 4151 within the Mossdale Village Area, totaling 95 single- family lots and Subdivision Improvement Agreement with D. R. Horton BAY, Inc.

4. 12 APPROVE AMENDMENT NO. 1 WITH LDA PARTNERS, INC. FOR THE

LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 CORP YARD IMPROVEMENTS
Pulled by Vice Mayor Akinjo. A question and answer period ensued. City Engineer Brad Taylor provided the information.

Adopted Resolution 23- 5349 approving Amendment No. 1 with LDA Partners, Inc., for the Lathrop Police Department Property and Evidence Building, CIP GG 21- 13 Corp Yard Improvements.

4. 13 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH LDA
PARTNERS, INC. FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 Pulled by Vice Mayor Akinjo. A question and answer period ensued. City Engineer Brad Taylor provided the information.

Adopted Resolution 23- 5350 approving Professional Services Agreement with LDA Partners, Inc., for design and construction services for the Lathrop Animal Center, CIP GG 23- 11.

4. 14 RATIFY AMENDMENT NO. 2 WITH CAROLLO ENGINEERS, INC. FOR AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36
Adopted Resolution 23- 5351 ratifying Amendment No. 2 with Carollo Engineers, Inc., for the Aquifer and Storage Recovery Project, CIP PW 22- 36.

Rugust 14, 2023 Lathrop City Council Regular Meeting Minutes Page 5 15 4. 15 RATIFY CITY MANAGER APPROVAL OF AGREEMENTS WITH AXON ENTERPRISE, INC., FOR THE PURCHASE OF TEN ( 10) AXON IN- CAR VIDEO SOLUTIONS AND PURCHASE OF EIGHT ( 8) ADDITIONAL
OFFICER SAFETY PLAN 7 BUNDLES FOR THE POLICE DEPARTMENT Adopted Resolution 23- 5352 ratifying Agreements with Axon Enterprise, Inc., for the purchase of ten ( 10) Axon fleet in- car video solution and its supporting information, services and training, and purchase of eight ( 8) additional officer safety plan 7 bundles for the Police Department.

4. 16 ACCEPT FUNDING FROM LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARD, CREATE CIP GG 24- 24 FOR BROADBAND

INFRASTRUCTURE, APPROVE RELATED BUDGET AMENDMENT, AND

RATIFY AN AGREEMENT WITH MAGELLAN BROADBAND FOR THE

DEVELOPMENT OF A MASTER PLAN FOR BROADBAND INFRASTRUCTURE Pulled by Vice Mayor Akinjo. A question and answer period ensued.

Information Systems Director Tony Fernandes provided the information.

Adopted Resolution 23- 5353 accepting grant funding from the Local Agency Technical Assistance Grant Award, creating CIP GG 24- 24 for Broadband Infrastructure, approving budget amendment, and ratifying an Agreement with Magellan Broadband for the development of a Master Plan for Broadband Infrastructure.

4. 17 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC. FOR THE LATHROP AND HARLAN ROAD INTERSECTION
IMPROVEMENTS, CIP PS 21- 06
Adopted Resolution 23- 5354 accepting public improvements constructed by Dirt Dynasty, Inc. for the Lathrop Road and Harlan Road intersection improvements, CIP PS 21- 06, authorizing the filing of a Notice of Completion, and releasing contract retention and Performance and Payment Bonds.

4. 18 AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., FOR CONSTRUCTION OF CLASS II BIKEWAYS TO ACE STATION, CIP PS 22- 18 AND APPROVE BUDGET AMENDMENT
Pulled by Vice Mayor Akinjo. A question and answer period ensued. City Engineer Brad Taylor provided the information.

Adopted Resolution 23- 5355 awarding Construction Contract to G orge Reed, Inc., for construction of Class II Bikeway to Ace Station, CIP PS 22- 18, and approve budget amendment.

August 14, 2023 Lathrop City Council Regular Meeting Minutes Page 6 16 4. 19 AWARD SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR GATE

PREVENTATIVE MAINTENANCE AND EMERGENCY ON- CALL GATE &

FENCE REPAIR SERVICES WITH AND APPROVE BUDGET AMENDMENT Adopted Resolution 23- 5356 awarding Service Contract to All Steel Fence, Inc., for fence and gate preventative maintenance and emergency on- call gate and fence repair services, and approving budget amendment.

4. 20 CREATE CIP GG 24- 25 CITY FACILITIES FENCING IMPROVEMENTS, AWARD A CONSTRUCTION CONTRACT TO ALL STEEL FENCE, INC., AND

APPROVE BUDGET AMENDMENT
Adopted Resolution 23- 5357 creating CIP GG 24- 25 City Facilities Fencing Improvements, awarding Construction Contract to All Steel Fence, Inc., and approving budget amendment.

RIVER ISLANDS DEVELOPMENT CONSENT ITEM( S)
Under Item 1. 7, City Clerk Teresa Vargas announced that Item 4. 21 would be moved to the next regular City Council meeting due to lack of quorum. No action taken on Item 4. 21.

4. 21 APPROVE THE REVISED RIVER ISLANDS PHASE TWO PARKS AND OPEN

SPACE MASTER PLAN
Adopt Resolution Approving the Revised River Islands Phase Two Parks and Open Space Master Plan
CEQA STATUS: The Proposed Project Falls within the Scope of the Previously Certified Subsequent Environmental Impact Report ( SEIR) SCH No. 1993112027) for the River Islands at Lathrop Phase Two Project; Therefore, No Further Environmental Review Is Required In Accordance With The California Environmental Quality Act

5. SCHEDULED ITEMS
Under Item 1. 5, City Manager Stephen Salvatore announced that Item 5. 1 would be pulled off the agenda; staff to analyze the information further and agendize the matter to a future meeting. No action taken on Item 5. 1.

5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER THE USE OF AN

AUTOMATED ENFORCEMENT SYSTEM IN THE CITY OF LATHROP
PURSUANT TO SECTION 21455 OF THE CALIFORNIA VEHICLE CODE City Council to Consider the Following:

1. Hold a Public Hearing; and
August 14, 2023 Lathrop City Council Regular Meeting Minutes Page 7 17 2. Public Hearing ( Published Notice) to Consider the Use of an Automated Enforcement System in the City of Lathrop
Pursuant to Section 21455 of the California Vehicle Code

5. 2 ESTABLISH DROUGHT TOLERANT LANDSCAPING GRANT GUIDELINES Deputy City Manager Thomas Hedegard provided the presentation regarding an income- based drought tolerant landscaping grant utilizing American Rescue Plan Act ( ARPA) funds. The presentation also included information on grant award guidelines and application process. A question and answer period ensued throughout the presentation.

Community Development Director Rick Caguiat provided additional information.

On a motion by Councilmember Diallo, seconded by Councilmember Torres- O' Callaghan, the City Council adopted Resolution 23- 5358 establishing a Drought Tolerant Landscaping Grant Program and Guidelines for Residential Properties in the City of Lathrop, by the following roll call vote, unless otherwise indicated:

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

Absent: Dhaliwal
Abstain: None

6. 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 Term Ending June 30, 2026, due to Unexpired Term Vacancy City Clerk Teresa Vargas provided an overview. City Council consensus directed the City Clerk to set the application deadline to August 31, 2023, for appointment consideration during the September City Council Regular Meeting.

6. 2 MAYOR & COUNCILMEMBER COMMITfEE REPORT( S)
Councilmember Diallo and Torres- O' Callaghan reported their attendance to a 2x2 meeting with Manteca Unified School District representatives; topics discussed included students attending schools outside of Lathrop, school bussing and transportation for students from the Central Lathrop development area, test scores, School Resource Officers, and new schools for the City of Lathrop. Vice Mayor Akinjo reported his attendance to a recent San Joaquin Area Flood Control Agency Board of Directors meeting.

August 14, 2023 Lathrop City Council Regular Meeting Minutes Page 8 18 6. 3 MAYOR & COUNCILMEMBER COMMENT( S)
City Manager Stephen Salvatore recognized employees Cathy Long and Liliana Espinoza and contract employee Mariah Walty for their work with social media announcements promoting dog adoptions.

Councilmembers thanked those in attendance. Vice Mayor Akinjo encouraged adoptions of shelter animals in need of a permanent home.

Councilmember Torres- O' Callaghan expressed appreciation to staff for their work on dog adoptions and the end of summer community event.

7. ADJOURNMENT — There being no further business, Vice Mayor Akinjo adjourned the meeting 8: 58 p. m.
eresa Vargas, MMC
Government Services Director
City Clerk
August 14, 2023 Lathrop City Council Regular Meeting Minutes Page 9 19 20
ITEM 4. 3

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
23- 448 OF THE CITY COUNCIL OF THE CITY OF
LATHROP AMENDING TITLE 2, CHAPTER 2. 36
PURCHASING SYSTEM", SECTION 2. 36. 110

EXCEPTIONS TO PURCHASING PROCEDURES AND
LIMITS" BY ADDING A NEW SECTION (" D") TO

ALLOW COOPERATIVE PURCHASING AGREEMENTS
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 23- 448 Amending Title 2, Chapter 2. 36 ` Purchasing
System", Section 2. 36. 110 " Exceptions To
Purchasing Procedures And Limits" By Adding A New
Section (" D") To Allow Cooperative Purchasing
Agreements
RECOMMENDED ACTION:

The City Council to conduct a second reading and adopt Ordinance 23- 448 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2, CHAPTER 2. 36 PURCHASING SYSTEM", SECTION 2. 36. 110 EXCEPTIONS TO PURCHASING PROCEDURES AND LIMITS" BY ADDING A NEW SECTION ( D") TO

ALLOW COOPERATIVE PURCHASING AGREEMENTS
SUMMARY:

On September 11, 2023, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:

AYES: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.

SUBMITTED BY:
2 e a Va as, City Clerk Da e
21 ORDINANCE NO. 23- 448

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2, CHAPTER 2. 36 PURCHASING SYSTEM", SECTION 2. 36. 110 EXCEPTIONS TO PURCHASING PROCEDURES AND LIMITS" BY ADDING A NEW SECTION ( D") TO ALLOW COOPERATIVE PURCHASING AGREEMENTS WHEREAS, Cooperative purchasing agreements allow staff to timely procure goods, material and services while also meeting state and local government purchasing procedures; and
WHEREAS, Cooperative purchasing is the process of combining the buying power of multiple agencies to negotiate and purchase goods and services at lower prices. The idea behind this procurement method is that the City would not need to conduct its own competitive bidding process since one has already been conducted by an agency that follows strict government purchasing guidelines; and WHEREAS, the City currently utilizes the California Multiple Award Schedule CMAS) program to purchase fleet vehicles and heavy equipment, which is statutorily allowed by California Government Code § 54205; however, this program' s selection of goods and services is somewhat limited; and
WHEREAS, California Government Code ( GC) §§ 54202- 54203, require local agencies to adopt an ordinance establishing policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency; and
WHEREAS, a Notice of Public Hearing was advertised in the Manteca Bulletin on August 30th, 2023; and
WHEREAS, stafF requests that City Council hold a public hearing, consider all information and public testimony and, if determined to be appropriate, adopt an Ordinance amending Lathrop Municipal Code Title 2 " Administration and Personnel", Chapter 2. 36 " Purchasing System", Section 2. 36. 110 ' Exceptions to purchasing procedures and limits" by adding a new section (" D") to allow the City to utilize cooperative purchasing agreements; and
WHEREAS, this will give the City Manager, as the Purchasing OfFicer, the authority, where advantageous to the city, to use cooperative purchasing agreements approved by the City Council, to purchase supplies, equipment, and non- professional services through legal contracts of other government jurisdictions, or public agencies without separate competitive bidding by the city.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:

Ordinance No. 23- 448
22 Note: additions are shown below in underline font.

Section 1.

Title 2 of the Lathrop Municipal Code, Administration and Personnel" is hereby amended by amending Chapter 2. 36 Purchasing System", Section 2. 36. 110 Exceptions to purchasing procedures and limits", to incorporate the changes as follows:

CHAPTER 2. 36 PURCHASING SYSTEM

2. 36. 110 Exceptions to purchasing procedures and limits.

A. The contracting of service from other governmental agencies, sole source purchases and professional services shall be exempt from bidding procedures.

B. The contracting for the purchase of any item less than seventy-five thousand dollars ($ 75, 000. 00), exclusive of sales or use tax, shipping, handling or delivery charges from other governmental agencies, sole source purchases, or from the OfFice of Procurement, Department of General Services of the state of California shall be exempt from the bidding procedures.

C. For any exemption to the procedures set forth in this chapter, the department head responsible for the purchase shall certify in writing to the purchasing officer the reason for the exemption claimed.

D. Without complying with the requirements of Sections 2. 36. 050,

2. 36. 060, and 2. 36. 140, the purchasing officer may participate in, use, sponsor, conduct or administer a coo erative purchasing agreement for the procurement of any su plies, equipment, or service with one or more public procurement units in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multiparty contracts between public procurement units and open- ended state and/ or federal public procurement unit contracts which are made available to the citv.

Section 2.

This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 3. Severabilitv.

If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance.

Ordinance No. 23- 448
23 The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

Section 4. Effective Date.

This Ordinance shall take legal effect 30 days from and after the date of its passage.

Section 5. Publication.

Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance, to be published in full accordance with Section 36933 of the Government Code.

THIS ORDINANCE was introduced at a meeting of the City Council of the City of Lathrop on the 11th day of September, 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 23- 448
24 City of t- ITEM 4. 4
Quarterly Treasurer Report
June 2023
This report presents a detailed discussion of the City' s fund balances and investment portfolio as of lune 30, 2023.

It includes all investments managed by the City on its own behalf as well as the City' s Trustees. The report provides information on cash flows, broken down by both investment manager ( City or Trustee) and by percentage allocation within the portfolio.

As of June 30, 2023, the investment portfolio was in compliance with all state laws and the City' s Investment Policy.

Current Portfolio Summary
As directed by the Investment Policy adopted by City Council, City staff strives to attain three primary goals with the City' s investments as follows( in order of priority):

1. Safety— Preservation of the principal of invested funds

2. Liquidity— Ability to liquidate one or more of the City' s investments if unexpected expenditures arise

3. Return— Attainment of a market rate of return
The majority of the portfolio is invested in the Local Agency Investment Fund ( LAIF), which is administered by the California State Treasurer' s office. LAIF provides the City with an investment vehicle with yields that are slightly greater than U. S. Treasuries ( T- bills) with a 2- year maturity or less. LAIF is a high quality investment in terms of safety, liquidity, and yield. Additionally, LAIF is an " On Demand" account; meaning funds may be withdrawn upon with 1 day notice, representing maximum liquidity.

In addition to LAIF, the City holds investments in Money Market Mutual Funds, Nonnegotiable Certificates of Deposit, and State and Local Government Securities ( SLGS). These investments are prudent investment choices and are included in the City' s Investment Policy as allowable investments.

Each investment mentioned above has a specific maturity date. However, much of the portfolio is On Demand.

The short weighted average maturity provides the City with a great deal of liquidity during this period of heightened economic uncertainty and period of moderate investment yields. This liquidity places the City in a position to invest in longer term maturity investments once interest rates begin to stabilize toward their historical norms; overall macroeconomic indicators signal solid and consistent growth in future years.

The following table ( Table: 1) provides a summary of the City' s cash and investments, by holding party, based on recorded value as of June 30, 2023 compared with the prior quarter:
25 Q -_- .. . ,
e . -- ._ ,
R
Holding Party Fund Amounts( i)
P{ olio
Fund Amounts( i)
P{ olio
Investments/ Cash held by the City 193, 821, 638 71% 214, 368, 607 73% Investments held by Trustees 77, 498, 845 29% 77, 571, 626 27% a + y + N ,\ u',.
i
s....
y 1i+ Y.Sif. 7. .
m, ,`
Fi..... : .
v aa.,,. : i a
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1) Small variances are due to the summation and rounding of multiple figures to the nearest whole dollar Please see the following pages ( Tables: 2 through 5) for a more detailed analysis of transactional additions and reductions due to cash flow needs, debt service payments, and maturities/ rollovers of certain investments.

Revenues arrived during the quarter, per City staff expectations, are as follows: utility payments, property tax, franchise fees, sales tax( including Measure C), developer billing fees, grant reimbursements, building permit fees, plan check fees, and Transient Occupancy Tax( TOT).

Significant payables paid out during the quarter include:

I. Nonrecurring Expenditure Debt Service Payments, Capital Improvement Projects — General Government, Parks, Streets, Water, and Wastewater
II. Recurring Expenditures
a. Contractual— Park& Street Landscaping, and Wastewater Treatment Services b. Intergovernmental payments — South San Joaquin Irrigation District ( Surface Water Contract), Lathrop Manteca Fire District, City of Manteca ( Wastewater Contract) Quarterly Economic Update
According to the latest projections from PFM Asset Management; In Q2, U. S. economic conditions were characterized by a myriad of financial headlines: ( 1) investors contended with ongoing recession risks; ( 2) regional bank concerns; ( 3) the Federal Reserve' s ( Fed) historic pace of interest rate hikes; ( 4) stubbornly high inflation; and ( 5) a debt ceiling impasse in Washington. U. S. inflation, as measured by the consumer price index ( CPI), has fallen from 6. 5% year- over-year ( YoY) at the beginning of the year to just 3. 0% as of June as monthly gains have moderated. The Fed followed up the two 25 basis point ( bps) hikes in Q1 with one more 25 bp hike at the May meeting, bringing the overnight rate to a target range of 5% to 5. 25%. At the June FOMC meeting, the Fed paused hiking, breaking the string of consecutive meetings with an increase at 10. The " hawkish pause" was accompanied by new Fed projections ( the so called " dot plot") which indicated the expectation for two more 25 bp rate hikes in the remaining part of calendar year 2023, underscoring the Fed' s vigilance in fighting inflationary pressures.

The U. S. labor market remained strong and tight in Q2. Over the second quarter, the U. S. economy added 732, 000 new jobs. But, the strength of the labor market has moderated slightly, as weekly unemployment claims have risen, the number of job openings has fallen from record highs, and the labor force participation rate reached a post- pandemic high of 62. 6%. Locally, the San Joaquin Valley area experienced an increase in unemployment rates San Joaquin County: 6. 1%; City of Lathrop: 7. 2%).

I certify that all of the investments reported herein are in accordance with the" City of Lathrop Investment Policy" adopted on November 14, 2022, with the Government Code, and other contractual agreements. I further certify the investments reported herein provide for the ability of the City to meet cash flow needs for the next six months.
r•o2 c
St phen J. Salvatore Cari James
City Manager Director of Finance
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CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: PLANNING FEE WAIVER REQUEST BY THRIVE
CHURCH ( TUP- 23- 105)
RECOMMENDATION: Adopt Resolution Waiving the Temporary Use Permit Application Processing and Document
Retention Fees for Thrive Church, in the Combined
Amount of $392
SUMMARY:

Thrive Church will be hosting their annual " Love Our City Fall Fest" event on October 28, 2023 at their Lathrop location ( 17201 S. Manthey Road). The event will take place outdoors in the church parking lot, which is shared amongst the businesses in the Mossdale Landing Business Park along Manthey Road and Golden Valley Parkway.

Thrive Church has submitted a letter ( Attachment 2) requesting the City waive the Temporary Use Permit ( TUP) application processing fee of $ 382, and the document retention fee of $ 10 ($ 392) for the event.

BACKGROUND:

Thrive Church submitted a Temporary Use Permit application for their annual 2023 Fall Harvest event. The event included amenities for guests, included rides and inflatables as well as carnival booths, games, and pre- packaged candy for kids of all ages. The event hours were from 4: 00 P. M. to 6: 00 P. M. This was a free event that provided activities for the community to participate in and enjoy.

Last year, the City approved a TUP, permitting a similar event held at the same location. The City has consistently approved various community events for Thrive Church since 2016. The City Council has approved similar requests from non- profit groups that sponsored events for the community. The $ 392, includes both application processing and document retention fees.

REASON FOR RECOMMENDATION:

Staff recommends the City Council adopt a resolution to waive the Temporary Use Permit Application and Document Retention Fees, and make findings that the fee waiver supports a public benefit to the community, and that the amount of the fee waiver is de- minimis in nature, and is not subsidized by other facility fees. 35 CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

THRIVE CHURCH FEE WAIVER
FISCAL IMPACT:

The requested fee waiver is $ 392.

ATTACH M ENTS:

1. Resolution Approving the Fee Waiver Request

2. Applicant Fee Waiver Request Letter

3. Event description w/ site plans for TUP- 23- 105
36 CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

THRIVE CHURCH FEE WAIVER
APPROVALS:
l 3
rent D alt Date
Assist t Planner
9l! aQ a3
J es Michaels Date
Senior Planner
Z
k Cag ' Da e
ommu y Development Director
9/ a 3
Cari Jam Date
Finance D r ctor
Z2 - Zoz3
Salvador Navarrete Date
City Attorney
i' Z"1' ZS
S phen Salvatore Date
City Manager
37 RESOLUTION NO. 23-

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

THE TEMPORARY USE PERMIT APPLICATION PROCESSING AND DOCUMENT RETENTION FEES FOR THE THRIVE CHURCH 2O23 FALL HARVEST FESTIVAL EVENT IN THE COMBINED AMOUNT OF $ 392
WHEREAS, on October 9, 2023, the City Council of the City of Lathrop considered a request by Thrive Church to waive the $ 382 Temporary Use Permit Fee and the $ 10 Document Retention Fee for one ( 1) event held on October 28, 2023 at the Thrive Church location in Lathrop; and
WHEREAS, the Thrive Church has planned and organized community events annually and has provided the citizens of Lathrop and neighboring areas a place to celebrate the fall season.

NOW, THEREFORE, BE IT RESOLVED, that the City Council finds that this request provides a public benefit to the community, and that the amount of the request is de minimis in nature and not subsidized from other facility fees.

BE IT FURTHER RESOLVED, that in view of the direct public benefit provided by the Thrive Church Fall Harvest Festival event within the City of Lathrop, the City Council of the City of Lathrop does hereby waive the Temporary Use Permit Application Fee in the amount of $ 382 and Document Retention Fee in the amount of $ 10 for a total of $ 392.

Resolution No. 23-
38 PASSED AND ADOPTED this 9t'' day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23-
39 ATTACHMENT " z "
r v
c urc
Mav 2, 2023
Cit3- of I.athrop — Communit3- Development De artment
Planning Di ision
390 To«• ne Centre Drive
LathroE, CA 95330
Subject: Waiver Request
To' hom it maS concern,
s
This letter is to request a fee vaiver for the l e Our Cit: Fall Fest at Thr.ive Church in Lathrop on October 28t, 2023 from 3: OO m— 7: OOpm.

Thrive Church would like to f'ormall• ask that the inspection fee be «- ai ec1 for the follo vin reasons:
e are a non- profit organization providing an e ent open to the people of Lzt hrop.

Phis event «°ill be free of charge for all« ho att.end.

I'his event vill he a safe gathe ng for families looking to celebrate the Fall season • iYh fizn and games.

Thank - ou for- our eonsideratian and ce eagc rl`• ait for your response.

Sincerelv,
Teresa NL C oronado
7`hrive Church I; lecuti e. dmini, trator R
AU6 2 51023

COMMUNIT Y D VEL PMENT DEPARTMENT
40 ATTACHMENT " 3 "
August 29,
MEMO
TO: City of Lathrop Public Works
FROM: Thrive Church i Lathrop
DATE: A ig ist 29`", 2023
OBJECTIVE:

To procure TUP for Love Our City Fall Fest, October 28, 2023 EVENT PROFILE:

On October 28`", 2023, Thrive Church will be hosting a Harvest Festival free of charge for the commlini Lathrop. Families looking for a safe environment to celebrate the Fall season will find multiple bootl s provided with games and pre- packaged candy for children of all ages. Booths and games vill be inacces to any vehicle traffic to ensure ttle safety of all those attending and participating. Thrive Church anticip up to 1200 attendants throughout the evening from 4: OOp. m.— 6: OOp. m. with the security team and staff ensure the fun and safety ofthis event.

PROGRAM INFORMATION:

Saturday, October 28`h, 2023 4: OOpm. — 6: OOp. m.

Thrive chLirch
17261 S. Manthey Rd.

Lathrop, CA 95330
EVENT PLANNER:

Teresa Coronado/ Acfministrator
Thrive Church
SOlc3 Non- Profit, Tax ID # 050281956
E: 1 eresa r tl irivelatl3- op. com
M: 209- 888- 4626
TRAFFIC PLAN:

Booths and games will be sectioned off by cones with security to enforce the bo iildaries to see that no vehicles pass through d iring this event. All common area parking spaces( with approval of neighbors) be open to the public along with 14 handieapped spaces sectioned with signs. Staffand security team wi present to control the flow of traffic.

Thank you for your time, dedication, and support i» helping Thrive Church ensure a safe and compliant event this 2023. We anticipate your response.

Sincerely,
Teresa M. Coronado/ Thrive Church Executive Administrator 41 a`
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42 ITEM 4. 6

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE 2023 FACILITY FEE WAIVER

REQUEST FOR LATHROP LITTLE LEAGUE
RECOMMENDATION: Adopt a Resolution Approving a Facility Fee Waiver request from Lathrop Little League for
the use of Scott Brooks Gymnasium on October
20, 2023 from 10: 00 a. m. to 10: 00 p. m. for a
Registration Night Event
SUMMARY:

Review and consider adoption of a resolution approving a facility fee waiver request from Lathrop Little League for the use of Scott Brooks Gymnasium in accordance with the City of Lathrop Fee Waiver Policy. Council approved a fee waiver request from the Lathrop Little League at the November 14, 2022 Regular Meeting. Lathrop Little League submitted a new facility fee waiver request for the use of Scott Brooks Gymnasium on October 20, 2023 from 10: 00 a. m. to 10: 00 p. m. for a Registration Night Event with an anticipated attendance of 100 participants.

The Parks and Recreation Commission voted at their October 5, 2023 meeting to recommend City Council approval of the fee waiver request and found the request to be of public benefit, de minimis in nature and not subsidized from other facility fees.

BACKGROUND:

Staff received a request for a fee waiver that meets the requirements of the Fee Waiver Policy, from a local organization for the use of a City facility to support their activities. Lathrop Little League is a local non- profit providing enriching youth programming that promotes sportsmanship, teamwork, and leadership skills through the game of baseball. Lathrop Little League submitted a facility fee waiver for the use of Scott Brooks Gymnasium on October 20, 2023 from 10: 00 a. m. to 10: 00 p. m. for a Registration Night Event with an anticipated attendance of 100 participants in the amount of $ 1, 200. 54 which includes both the cost of the facility and staffing.

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 Facility Fee Waiver requested by Lathrop Little League.
43 CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

LATHROP LITTLE LEAGUE FEE WAIVER
FISCAL IMPACT:

The fees associated with the facility fee waiver request total $ 1, 200. 54.

ATTAC H M E NTS:

A. Resolution approving a Facility Fee Waiver request from Lathrop Little League for the use of Scott Brooks Gymnasium on October 20, 2023 from 10: 00 a. m. to 10: 00 p. m. for a Registration Night Event B. Fee Waiver Calculations
44 CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

LATHROP LITTLE LEAGUE FEE WAIVER
APPROVALS:

2. 3. 23
To Seba ian Date
Director of Parks, Recreation and Maintenance Services
trovt c g/ Z l?o' L 3
Cari James Date
Finance Director
Salvador Navarrete Date
City Attorney
ro• Z'
S n J. Salvatore Date
City Manager
45 RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A FACILITY FEE WAIVER REQUEST FROM LATHROP LITTLE LEAGUE FOR THE USE OF SCOTT BROOKS GYMNASIUM ON OCTOBER 20, 2023 FROM 10: 00 A. M TO 10: 00 P. M. FOR A REGISTRATION NIGHT EVENT WHEREAS, the City received a facility fee waiver request from Lathrop Little League in accordance with the City of Lathrop Fee Waiver Policy; and WHEREAS, Lathrop Little League submitted a facility fee waiver request for the use of use of Scott Brooks Gymnasium on October 20, 2023 from 10: 00 a. m. to 10: 00 p. m. for a Registration Night Event with an anticipated attendance of 100 participants, and
WHEREAS, the Parks and Recreation Commission voted at their October 5, 2023 meeting to recommend City Council approval of the fee waiver request and found the request to be of public benefit, de minimis in nature and not subsidized from other facility fees.

NOW, THEREFORE, BE IT RESOLVED, that by the City Council of the City of Lathrop finds the request to be of public benefit, de minimis in nature and not subsidized from other facility fees and does hereby approve the Facility Fee Waiver for Lathrop Little League for the use of use of Scott Brooks Gymnasium on October 20, 2023 from 10: 00 a. m. to 10: 00 p. m. for a Registration Night Event with an anticipated attendance of 100 participants in the amount of$ 1, 200. 54 which includes both the cost of the facility and staffing.
46 The foregoing resolution was passed and adopted this 9th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 47 O N N

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ITEM 4. 7

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE 2023 FACILITY FEE WAIVER

REQUEST FOR LIFT UP YOUR HEAD

THERAPEUTIC GROUP HOMES, INC
RECOMMENDATION: Adopt a Resolution Approving a Facility Fee Waiver request from Lift Up Your Head
Therapeutic Group Homes, Inc. for the use of
the Lathrop Senior Center on December 16,
2023 from 10: 00 a. m. to 7: 00 p. m. to host a
Christmas Luncheon
SUMMARY:

Review and consider adoption of a resolution approving a facility fee waiver request from Lift Your Head Up Therapeutic Group Homes, Inc. for the use of the Lathrop senior Center in accordance with the City of Lathrop Fee Waiver Policy. Lift Your Head Up Therapeutic Group Homes, Inc. submitted a facility fee waiver request for the use of the Lathrop Senior Center on December 16, 2023 from 10: 00 a. m. to 7: 00 p. m. to host a Christmas Luncheon supporting the youth of Lathrop with an estimated attendance of 80 participants.

The Parks and Recreation Commission voted at their October 5, 2023 meeting to recommend City Council approval of the fee waiver request and found the request to be of public benefit, de minimis in nature and not subsidized from other facility fees.

BACKGROUND:

Staff received a request for a fee waiver that meets the requirements of the Fee Waiver Policy, from a local organization for the use of a City facility to support their activities. Lift Your Head Up Therapeutic Group Homes, Inc is a local non- profit providing support and a safe structured environment that fosters a culture of positivity, self- advocacy, growth, and self- sufficiency to at- risk youth. Lift Your Head Up Therapeutic Group Homes, Inc. submitted a facility fee waiver request for the use of the Lathrop Senior Center on December 16, 2023 from 10: 00 a. m. to 7: 00 p. m. to host a Christmas Luncheon supporting the youth of Lathrop with an estimated attendance of 80 participants in the amount of $ 865. 10 which includes both the cost of the facility and staffing.

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 Facility Fee Waiver requested by Lift Your Head Up Therapeutic Group Homes, Inc.
49 CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
LIFT UP YOUR HEAD THERAPEUTIC GROUP HOMES, INC. FEE WAIVER FISCAL IMPACT:

The fees associated with the facility fee waiver request total $ 865. 10.

ATTACH M E NTS:

A. Resolution approving a Facility Fee Waiver request from Lift Your Head Up Therapeutic Group Homes, Inc. submitted a facility fee waiver request for the use of the Lathrop Senior Center on December 16, 2023 from 10: 00 a. m. to 7: 00 p. m. to host a Christmas Luncheon B. Fee Waiver Calculations
50 CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
LIFT UP YOUR HEAD THERAPEUTIC GROUP HOMES, INC. FEE WAIVER APPROVALS:
l..g.

Tod Sebas an Date
Director of Parks, Recreation and Maintenance Services
ZQ1? o 3
Cari James Date
Finance Director
l -L - D_,
Salvador Navarrete Date
City Attorney
b-,• Z3
S en J. Salvatore Date
City Manager
51 RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A FACILITY FEE WAIVER REQUEST FROM LIFT UP YOUR HEAD THERAPEUTIC GROUP HOMES, INC. ON DECEMBER 16, 2023 FROM 10: 00 A. M. TO 7: OOP. M. TO HOST A CHRISTMAS LUNCHEON
WHEREAS, the City received a facility fee waiver request from Lift Your Head Up Therapeutic Group Homes, Inc in accordance with the City of Lathrop Fee Waiver Policy; and
WHEREAS, Lift Your Head Up Therapeutic Group Homes, Inc. submitted a facility fee waiver request for the use of the Lathrop Senior Center on December 16, 2023 from 10: 00 a. m. top 7: 00 p. m. to host a Christmas Luncheon with an estimated attendance of 80 participants; and
WHEREAS, the Parks and Recreation Commission voted at their October 5, 2023 meeting to recommend City Council approval of the fee waiver request and found the request to be of public benefit, de minimis in nature and not subsidized from other facility fees.

NOW, THEREFORE, BE IT RESOLVED, that by the City Council of the City of Lathrop finds the request to be of public benefit, de minimis in nature and not subsidized from other facility fees and does hereby approve the Facility Fee Waiver for Lift Your Head Up Therapeutic Group Homes, Inc. for the use of the Lathrop Senior Center on December 16, 2023 from 10: 00 a. m. to 7: 00 p. m. to host a Christmas Luncheon with an estimated attendance of 80 participants in the amount of $ 865. 10 which includes both the cost of the facility and staffing. 52 The foregoing resolution was passed and adopted this 9t'' day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 53 o
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54 ITEM 4.8

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE NAMING OF NEW CITY PARK
RECOMMENDATION: Adopt a Resolution Naming the New Acres Community Neighborhood Park after
Missionary Minnie Lee Cotton
SUMMARY:

The Parks and Recreation Commission typically reviews and makes recommendations on approving the names of City parks; however, the October 5, 2023 Commission meeting was canceled due to lack quorum. In order to move forward with the proposed naming of one of the city' s newest neighborhood parks, staff requests that the City Council adopt a resolution to name the neighborhood park within the New Acres Community Neighborhood as Missionary Minnie Lee Cotton Park.

BACKGROUND:

In the early 1940' s, Missionary Minnie Lee Cotton and her late husband, Reverend Maurice Cotton Sr., were one of the first African American families to set roots in Lathrop. Upon their arrival in Lathrop, diversity was almost nonexistent; however, they immediately began working to improve their new community. Along with her husband, Missionary Minnie Lee Cotton played a pivotal role in opening both the first and second African- American churches in the City. Serving as the Assistant State Supervisor for the Church of God in Christ for many years, her efforts brought recognition to Lathrop, as Highlight Church was the first nationally recognized church in Lathrop within the Church of God in Christ organization.

Through their ministries, several community outreach programs where established.

Such examples include the 4th Sunday Community Feedings, Work Placement Programs, Clothing Giveaways, and the most popular this day, the Holiday Turkey Basket Drive. Through her dedication, hard work, love for others, and giving her all to the Ministry, a pathway was established for many of the African Americans who now call Lathrop home.

Missionary Minnie Lee Cotton is a mother of nine children, six girls and three boys.

To date, six of the nine children are still Lathrop residents. She is a grandmother to 28 grandchildren and 14 great grandchildren, which, two live in Lathrop and see her daily. Missionary Minnie Lee Cotton is amazed at all the great work and diversity now within the Lathrop community.
55 CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
RECOMMENDATION:

Adopt a Resolution Approving the Naming the New Acres Community Neighborhood Park after Missionary Minnie Lee Cotton.

FISCAL IMPACT:

No fiscal impact.

ATTACH M ENTS:

A. A Resolution of the City Council of the City of Lathrop approving the Naming New Acres Community Neighborhood Park after Missionary Minnie Lee Cotton.

B. Park Location Map
56 CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
APP OVALS:

10. 2- ?-3
Todd Sebastian Date
Director of Parks, Recreation, and Maintenance
n er, G O 03/ 2 0 Z";.

Cari James Date
Director of Finance
G—' ,
o • Z • 2oz3
Michael King Date
Assistant City Manager
lo' Z`- 3
Salvador Navarrete Date
City Attorney
23 Stephen J. Salvatore Date
City Manager
57 RESOLUTION NO. 23-

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

APPROVE THE NAMING OF THE NEW ACRES COMMUNITY NEIGHBORHOOD

PARK AFTER MISSIONARY MINNIE LEE COTTON
WHEREAS, at the October 11, 2021 City of Lathrop City Council meeting, City Council approved the creation of Capital Improvement Project ( CIP) PK 22- 34 Shilling Avenue Park Project; and
WHEREAS, at the October 10, 2022 City of Lathrop City Council meeting, City Council approved the conceptual design of Shilling Avenue Park Project and related budget amendments; and
WHEREAS, the Parks and Recreation Commission typically reviews and makes recommendations on approving the names of City parks; however, the October 5, 2023 Commission meeting was canceled due to lack quorum WHEREAS, the proposed named Missionary Minnie Lee Cotton Park located is an approximate 1- acre park site; and
WHEREAS, for 80 years Missionary Minnie Lee Cotton has been focused on making a difference in the Lathrop community; and
WHEREAS, Missionary Minnie Lee Cotton has established several community outreach programs including the 4t" Sunday Community Feedings, Work Placement Programs, Clothing Giveaways, and the Holiday Turkey Basket Drive; and WHEREAS, Missionary Minnie Lee Cotton is both supportive and excited at the proposal of the Shilling Avenue Park Project in the New Acres neighborhood being named in her honor.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the naming of the Shilling Avenue Park Project in the New Acres neighborhood as Missionary Minnie Lee Cotton Park, as detailed in the park location map attached to the staff report.
58 The foregoing resolution was passed and adopted this 9th day of October, 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 59 Attachment B
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60 ITEM 4. 9

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT WITH HOLT OF CALIFORNIA
INC. FOR CITYWIDE GENERATOR AND FIRE PUMP

MAINTENANCE AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving a Contract with Holt of California lnc. for Citywide Generator and Fire Pump
Maintenance and Approve Budget Amendment
SUMMARY:

The City of Lathrop is responsible for the operation and maintenance of various facilities across the City that are critical to the health, safety and well- being of the citizens. These facilities include, but are not limited to, City Hall, Corporation Yard, Police Station, utility pump stations, the water treatment plant, and water storage tanks with fire pumps. A key factor in the reliability of these facilities is having a source of backup electrical power, which is often provided by large- scale diesel generators. These generators and fire pumps require annual routine maintenance to ensure proper operation and to extend their useful life.

Staff obtained proposals from three ( 3) qualified vendors for citywide generator and fire pump maintenance services. StafF requests Council approve a contract with Holt of California, Inc. ( Holt) for an amount of $ 121, 453.

Sufficient funds were not included in the adopted FY 2023- 24 approved budget; therefore, staff also requests City Council approve a budget amendment as outlined in the fiscal impact section.

BACKGROUND:

The City of Lathrop is responsible for the operation and maintenance of various facilities across the City that are critical to the health, safety and wellbeing of our residents. These facilities include, but are not limited to, City Hall, Corporation Yard, Police Station, utility pump stations, water treatment plant and water storage tanks with fire pumps. A key factor in the reliability of these facilities is having a source of backup power, which is often provided by large- scale diesel generators. Currently, there are approximately 50 facilities City- wide with a generator and/ or a fire pump.

These generators and fire pumps require annual routine maintenance to ensure proper operation and maximize their service life. City staff perform basic maintenance tasks such as regular startup, battery replacement, and fueling; however, additional maintenance services are typically required, which usually consist of a combination of the following:
61 CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

APPROVE CONTRACT WITH HOLT FOR CITYWIDE GENERATOR AND FIRE

PUMP MAINTENANCE AND APPROVE BUDGET AMENDMENT

OPERATIONAL & FUNCTIONAL REVIEW OF CRITICAL COMPONENTS
Inspect engine cooling fan & fan drives for excessive wear or shaft wobble Check all pulleys, belt tensioners, slack adjusters & idler pulleys for travel, wear & overall condition
Inspect / lubricate drive bearings, gear or belt drives, and other shaft connecting hardware
Inspect the fueling system, including ignition, tank levels, hoses, components and fittings
Inspect batteries, terminals, wiring, and charging levels Inspect the control system and transfer switches

LUBRICATION OIL & FILTRATION SERVICE
Change engine oil
Change oil, fuel, and water filters
Post lube services operations of genset ( unloaded) at rated temperature

RESISTIVE LOAD BANK TEST
Connect engine to load bank device and operate at the full design capacity Prevents " wet stacking" which occurs when an engine is frequently run without reaching sufficient operating temperature.

Staff requested proposals from four ( 4) vendors and received three ( 3) complete proposals, as summarized in Table 1 below:

Table 1: Summar of Pro osals
Contractor Total
Holt of California, Inc. 121, 453
Cummins, Inc. 142, 687
Collicut Energy 143, 680
Staff reviewed and evaluated the proposals and determined that Holt provided the lowest proposal. Staff requests Council approve a contract with Holt for $ 121, 453.

REASON FOR RECOMMENDATION:

Routine maintenance on backup generators and fire pumps will ensure proper operation and extend lifespan. In addition, preventative maintenance on fire pumps is a requirement of the National Fire Protection Association ( NFPA), the National Electrical Code ( NEC), the Office of Statewide Health Planning and Development OSHPD), the Life Safety Code, and the Joint Commission.

FISCAL IMPACT:

The cost of the contract with Holt for the Citywide Generator and Fire Pump Maintenance is $ 121, 453 and the contract term period is from October 9, 2023 - une 30, 2024.
62 CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

APPROVE CONTRACT WITH HOLT FOR CITYWIDE GENERATOR AND FIRE

PUMP MAINTENANCE AND APPROVE BUDGET AMENDMENT
Sufficient funds were not included in the adopted FY 2023- 2024 budget. Therefore, a budget amendment is necessary, as detailed below:

Fund
Increase Fund FY
Appropriation 2023-24
General Fund 1010- 30- OS- 420- 25- 00 2, 586
General Fund 1010- 40- 50- 420- 25- 00 2, 290
General Fund 1010- 30- 20-420- 25-00 2, 529
Storm Drain - Spec. Fund 2510- 50- 20- 420- 75- 00 2, 178 Crossroads Storm Drain 2500- 50- 21- 420- 75-00 4,715
Mossdale CFD Fund 2570- 50- 63- 420- 75- 00 18, 397
South Lathrop CFD 2019- 1 Fund 2670- SO- 55- 420- 75- 00 4, 723 CLSP Services CFD 2019- 2 2680- 50- 55- 420- 75- 00 14, 520 Water Fund 5620- 50- 50- 420- 75- 00 33, 795
MWQCF Collection System Fund 6010- 50- 30- 420- 75- 00 9, 615 CTF- MBR Sewer Fund 6080- 50- 34- 420- 75- 00 22, 849
Stonebridge Drain & Lighting 2560- 50- 61- 420- 75- 00 3, 155 Total $121, 453
ATTACHMENTS:

A. Resolution Approving a Contract with Holt of California lnc. for Citywide Generator and Fire Pump Maintenance and Approving Budget Amendment B. Contract with Holt of California lnc. for Citywide Generator and Fire Pump Maintenance
63 CITY MANAGER' S REPORT PAGE 4
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

APPROVE CONTRACT WITH HOLT FOR CITYWIDE GENERATOR AND FIRE

PUMP MAINTENANCE AND APPROVE BUDGET AMENDMENT
APPROVALS:
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Steven Hollenbeak Date
Assistant Engineer
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o Fernandes Date
Information Systems Director
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Cari ] ames Date
Director of Finance
l - i'- Zo2 3
Michael King Date
Assistant City Manager
lo • 3• z,m z 3
Salvador Navarrete Date
City Attorney
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Ste n J. Salvatore Date
City Manager
64 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A CONTRACT WITH HOLT OF CALIFORNIA INC. FOR CITYWIDE

GENERATOR AND FIRE PUMP MAINTENANCE AND APPROVE BUDGET

AMENDMENT
WHEREAS, the City of Lathrop is responsible for the operation and maintenance of various facilities across the City that are critical to the health, safety and wellbeing of our residents; and
WHEREAS, these facilities include, but are not limited to, City Hall, Corporation Yard, Police Station, utility pump stations, water treatment plant and water storage tanks with fire pumps; and
WHEREAS, a key factor in the reliability of these facilities is having a source of backup power and this if often accomplished by large- scale diesel generators; and WHEREAS, generators and the fire pumps require annual routine maintenance to ensure proper operation and to extend their useful life; and WHEREAS, staff requested proposals from four ( 4) vendors and received three 3) complete proposals, as summarized in Table 1 below:

Table 1: Summary of Proposals
Contractor Total
Holt of California, Inc. 121, 453
Cummins, Inc. 142, 687
Collicut Energy 143, 680
and
WHEREAS, staff reviewed and evaluated the proposals and determined that Holt provided the lowest proposal; and
WHEREAS, sufficient funds were not included in the adopted FY 2023- 24 approved budget; and
WHEREAS, therefore, staff also requests City Council approve the following budget amendment, as detailed below in table 1:
65 Table 1
Fund
Increase Fund FY
Appropriation 2023- 24
General Fund 1010- 30- 05- 420- 25- 00 2, 586
General Fund 1010-40- 50- 420- 25-00 2, 290
General Fund 1010- 30- 20- 420- 25- 00 2, 529
Storm Drain - Spec. Fund 2510- 50- 20- 420- 75- 00 2, 178 Crossroads Storm Drain 2500- 50- 21- 420- 75- 00 4, 715 Mossdale CFD Fund 2570- SO- 63- 420- 75- 00 18, 397
South Lathrop CFD 2019- 1 Fund 2670- 50- 55- 420- 75- 00 4, 723 CLSP Services CFD 2019- 2 2680- 50- 55- 420- 75- 00 14, 620 Water Fund 5620- 50- 50- 420- 75- 00 33, 795
MWQCF Collection System Fund 6010- 50- 30- 420- 75- 00 9, 615 CTF- MBR Sewer Fund 6080- SO- 34- 420- 75- 00 22, 849
Stonebridge Drain & Lighting 2560- 50- 61- 420- 75- 00 3, 155 Total $ 121, 453
NOW, THEREFORE, BE IT RESOLVED, City Council of the City of Lathrop hereby approves a contract for $ 121, 452. 50 with Holt of California lnc. for Citywide Generator and Fire Pump Maintenance; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment as detailed above.
66 The foregoing resolution was passed and adopted this 9t" day of October, 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 67 ATTACHMENT
Q

SERVICE CONTRACT BETWEEN THE CITY OF LATHROP

AND HOLT OF CALIFORNIA

FOR CITYWIDE GENERATOR AND FIRE PUMP MAINTENANCE
THIS SERVICE CONTRACT( hereinafter" ContracY') is made on October 9, 2023, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter" City") and Holt of California. ( hereinafter " Contractor"), whose Taxpayer ldentification Number is 68- 0421094.

For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:

SCOPE OF WORK
Contractor agrees on Citywide Generator and Fire Pump Maintenance in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit A" and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' s satisfaction.

CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on time and materials basis not to exceed $ 121, 452. 50 set forth in Exhibit " A", for Citywide Generator and Fire Pump Maintenance.

EFFECTIVE DATE AND TERM
The effective date of this Service Contract is October 9, 2023, and it shall be completed no later than June 30, 2024.

PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.

INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation.

Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City. Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.

NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such pa rty.
68 SERVICE CONTRACT — CITY OF LATHROP AND HOLT OF CALIFORNIA FOR CITYWIDE

GENERATOR AND FIRE PUMP MAINTENANCE
Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' s Bid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property.

The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.

CONTRACTOR' S WARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance.

Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.

APPRENTICES
d) The Contractor' s attention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7 of the California Labor Code. e) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

69 SERVICE CONTRACT - CITY OF LATHROP AND HOLT OF CALIFORNIA FOR CITYWIDE

GENERATOR AND FIRE PUMP MAINTENANCE
f) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.

HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal day's work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- five dollars ($ 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.

PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid 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 work.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
g) A certified copy of the employee' s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
h) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7 to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
i) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the 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 the Contractor.

The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.

Page3of9
70 SERVICE CONTRACT — CITY OF LATHROP AND HOLT OF CALIFORNIA FOR CITYWIDE

GENERATOR AND FIRE PUMP MAINTENANCE
Any copy of records made available for inspection as copies and furnished upon request to the public or 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 the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.

The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.

In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.

PREVAILING WAGES
j) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. (" Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain" public works" and " maintenance" projects. Since this Contract involves an applicable public works" or" maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www.dir.ca. qov/dlsr/PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' s principal place of business and at the Project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
k) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code.

71 SERVICE CONTRACT — CITY OF LATHROP AND HOLT OF CALIFORNIA FOR CITYWIDE

GENERATOR AND FIRE PUMP MAINTENANCE
The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agr ement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at CONTRACTOR' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liabilitv Insurance. CONTRACTOR, at CONTRACTOR' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence 1, 000, 000), combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

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

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:

72 SERVICE CONTRACT — CITY OF LATHROP AND HOLT OF CALIFORNIA FOR CITYWIDE

GENERATOR AND FIRE PUMP MAINTENANCE
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of CONTRACTOR; premises owned, occupied or used by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self- Insured Retentions. CONTRACTOR shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self-insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' S earliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

73 SERVICE CONTRACT - CITY OF LATHROP AND HOLT OF CALIFORNIA FOR CITYWIDE

GENERATOR AND FIRE PUMP MAINTENANCE
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' S breach.

INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants 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.

SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.

COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.

Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.

74 SERVICE CONTRACT - CITY OF LATHROP AND HOLT OF CALIFORNIA FOR CITYWIDE

GENERATOR AND FIRE PUMP MAINTENANCE

INTERPRETATION
I) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. m) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.

APPLICABLE LAW
n) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California. o) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.

SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

75 SERVICE CONTRACT — CITY OF LATHROP AND HOLT OF CALIFORNIA FOR CITYWIDE

GENERATOR AND FIRE PUMP MAINTENANCE
Approved as to Form: City of Lathrop
City Attorney
o• L3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved By:

City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen Salvatore Date
City Manager
Contractor: Holt of California
PO Box 100001
Sacramento, CA 95813
Fed ID # 68- 0421094
Lathrop Business License # 41700
Signature Date
Print Name and Title
Page9of9
76 EXHIBIT "'
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3850 Channel Drive West Sacramento, CA 95691- 3443, or PO Box X- Sacramento, CA 95813 October 3, 2023
City of Lathrop
390 Towne Centre Dive
Lathrop, CA 95330
Holt of California is pleased to provide you with a proposal for a 1- Year Planned Maintenance service for your emergency generator sets and fire pumps. Holt provides maintenance services in accordance with the National Fire Protection Association( NFPA), the National Electrical Code( NEC), the Office of Statewide Health Planning and Development( OSHPD), the Life Safety Code, and the Joint Commission.

In addition to your 1- Year Planned Maintenance Services, Holt of California also recommends ha ing a two („2 hour, Resistive Load Bank Test performed, in conjunction with your annual P. M. service, to maintain compliance with the NFPA 99 and NFPA 110 standards. This test will help prevent a condition known as" wet stacking", which is the presence of carbon or unburned fuel in the exhaust system and is required in applications not meeting section 6- 4.2 of the NFPA 110 code.

Lawtf. Kohler. Model# 900kw S/ N: 2F106
Annual Level 2 PM Service 2, 292. 03
Annual2- hour Load Bank Service 2, 016. 30
Well# 6, Olvmnian, Model# 100kw S/ N: 2013022
Annual Level 2 PM Service 1, 159. 33
Annual2- hour Load Bank Service 820. 37
Well# 7, Caterpillar, Model# 3208 S/ N: 29A02329
Annual Leve12 PM Service 1, 159. 33
Annual 2- hour Load Bank Service 820. 37
Well# 8, Onan, Model# 150kw S/ N: A920442585
Annual Leve12 PM Service 1, 284. 57
Annual2- hour Load Bank Service 970. 24
Well# 9. Onan Model# 150kw S/ N: H930516510
Annual Level 2 PM Service 1, 284. 57
Annual2- hour Load Bank Service 970. 24
77 Citv of Lathrop

Well# 10, Generac ( ladder needed) Model# 250kw S/ N: 9757736 Annual Leve12 PM Service 1, 601. 00
Annual 2- hour Load Bank Service 1, 374.20
Well# 21, Generac ( ladder needed) Model# 350kw S/ N: 2076408 Annual Leve12 PM Service 1, 665. 30
Annual2- hour Load Bank Service 1, 474. 20
Booster Station# 1. Generac. Model# 125kw S/ N: 2020023 Annual Leve12 PM Service 1, 151. 49
Annual2- hour Load Bank Service 734. 10
Booster Station# 1, Cummins, Fire Pump Model# 4BT- 3. 9 S/ N: 44167360 Annual Leve12 PM Service 1, 362. 00
Booster Station# 2. Cummins. Fire Pump Model# 6BTA5. 9 S/ N: 44838951 Annual Leve12 PM Service 1, 362. 00
Booster Station# 3, Onan, Model# 125kw S/ N: G990942975 Annual Leve12 PM Service 1, 268. 89
Annual2- hour Load Bank Service 734. 10
Booster Station# 3, Cateruillar, Fire Pumq Model# 3306 S/ N: 64Z28302 Annual Leve12 PM Service 1, 362. 00
Booster Station# 4, Kohler,( ladder needed) Model# 400kw S/ N: 2084562 Annual Leve12 PM Service 1, 738. 66
Annual2- hour Load Bank Service 1, 310. 57
Booster Station# 6. Generac, Model# 600kw S/ N: 2093588 Annual Leve12 PM Service 2, 254. 00
Annual2- hour Load Bank Service 1, 625. 00
Gatewav, Cummins Model# C100 D6C S/ N: A220026609
Annual Leve12 PM Service 1, 159. 33
Annual 2- hour Load Bank Service 708. 72
Harlan Waster Water, Generac,( ladder needed) Model# 100kw S/ N: 3002018847 Annual Leve12 PM Service 1, 357. 56
Annual2- hour Load Bank Service 807. 84
McKinlev Sewer. Kohler, Model# 100kw S/ N: PE4045L190570 Annual Leve12 PM Service 1, 258. 44
Annual2- hour Load Bank Service 708.' 72
78 City of Lathrop
Pa e 3 of 6
Mossdale Sewer, Kohler. Model# 80kw S/ N: P44045H344864 Annual Level 2 PM Service 966. 32
Annual2- hour Load Bank Service 688. 42
River Islands WWPS, Generac, A Model# SOOkw S/ N: 2016109579 Annual Leve12 PM Service 1, 780. 78
Annual2- hour Load Bank Service 1, 158. 32
River Islands WWPS, Generac, B Model# SOOkw S/ N: 2016109581 Annual Level 2 PM Service 1, 780. 78
Annual2- hour Load Bank Service 1, 158. 32
River Islands 2A, Generac,( ladder neededl Model# 100kw S/ N: 3002018851 Annual Leve12 PM Service 1, 357. 56
Annual2- hour Load Bank Service 807. 84
River Islands Temp, Caterpillar, Model# C4. 4 S/ N: GLD01622 Annual Level 2 PM Service 966. 32
Annual2- hour Load Bank Service 668. 12
Woodfield, Kohler, Model# SOkw S/ N: 33H3GMJC0001
Annual Leve12 PM Service 966.32
Annual2- hour Load Bank Service 668. 12
O Street Sewer, Katolight, Model# 215kw S/ N: 127533- 0606 Annual Leve12 PM Service 1, 269. 05
Annual2- hour Load Bank Service 924. 56
Lathron Yard, Kohler, Model# 80kw S/ N: PE4045T208182
Annual Leve12 PM Service 966.32
Annual2- hour Load Bank Service 688. 42
Lathron Yard, Kohler, Model# 200kw S/ N: 0685474
Annual Level 2 PM Service 1, 269. 05
Annual2- hour Load Bank Service 909.34
Community Center. Doosan Model# 400kw S/ N: 495888UTADHI4 Annual Leve12 PM Service 1, 368. 17
Annual2- hour Load Bank Service 1, 160. 70
Crossroads# 1, Caternillar, Model# 3406 S/ N: 6TB12082
Annual Leve12 PM Service 1, 571. 78
79 Citv of Lathrop

Crossroads# 2, Caterpillar, Model# 3406 S/ N: 6TB12083
Annual Leve12 PM Service 1, 571. 78
Crossroads# 3, Caterpillar, Model# 3406 S/ N: 6TB12094
Annual Leve12 PM Service 1, 571. 78
Crossroads Trans Station, Caternillar. Model# C32 S/ N: JSJ03317 Annual Leve12 PM Service 2, 276.35
Annual2- hour Load Bank Service 1, 523. 72
Crossroads Trans Station, Cat,( ladder needed) Model# 3412 S/ N: BCW00786 Annual Leve12 PM Service 2, 171. 85
Annual2- hour Load Bank Service 1, 523. 72
Crossroads Trans Station, Model# 180kw S/ N: 355374
Annual Leve12 PM Service 1, 263. 67
Annual 2- hour Load Bank Service 889. 04
Pumn Station, Kohler# Ml Model# SOOkw S/ N: 2078558
Annual Leve12 PM Service 1, 874. 51
Annual2- hour Load Bank Service 1, 622. 83
Pump Station, Generac# M2 Model# 230kw S/ N: 2079823
Annual Leve12 PM Service 1, 274. 12
Annual2- hour Load Bank Service 1, 051. 44
Pump Station, Kohler# M3 Model# 800kw S/ N: 2057094
Annual Leve12 PM Service 2, 380. 85
Annual 2- hour Load Bank Service 2, 224. 68
Pumn Station, Kohler# MS Model# SOOkw S/ N: 2081704
Annual Leve12 PM Service 1, 874. 51
Annual2- hour Load Bank Service 1, 622. 83
Pumu Station. Katoli ht# M6 Model# 750kw S/ N: 121266- 1006 Annual Leve12 PM Service 2, 297. 25
Annual2- hour Load Bank Service 2, 173. 93
Stanford Crossin# 1, Generac, Model# 600kw S/ N: 2092489 Annual Leve12 PM Service 2, 254. 00
Annual2- hour Load Bank Service 1, 401. 00
80 Citv of Lathrop
Pa e 5 of 6
Stanford Crossing# 2, Generac, Model# 600kw S/ N: 2093589 Annual Leve12 PM Service 2, 254. 00
Annual 2- hour Load Bank Service 1, 401. 00
Stanford Crossing# 3, Generac, Model# 600kw S/ N: 2092490 Annual Leve12 PM Service 2,254.00
Annual2- hour Load Bank Service 1, 401. 00
Stanford Crossing# 4, Generac, Model# 600kw S/ N: 2092488 Annual Leve12 PM Service 2, 254. 00
Annual2- hour Load Bank Service 1, 401. 00
Stonebridge Storm, Generac,( ladder needed) Model# 250kw S/ N: 2078907 Annual Leve12 PM Service 1, 686.41
Annual 2- hour Load Bank Service 1, 46820
South Lathrop, Generac, Model# 800kw S/ N: 3004476954
Annual Level 2 PM Service 2, 498. 18
Annual2- hour Load Bank Service 2, 224. 68
Citv Hall. Caterqillar. Model# C9 S/ N: RG300284
Annual Leve12 PM Service 1, 514. 31
Annual2- hour Load Bank Service 1, 071. 74
Lathrop Police Dept. Cummins, Model# C175 D6D S/ N: D200755005 Annual Leve12 PM Service 1, 269. 05
Annual2- hour Load Bank Service 1, 020. 99
Total Annual cost for PM Services 121, 452. 50
Prices mentioned do not include auulicable taxes, repairs outside the scope of the Planned Maintenance services or overtime uremiums.

This PM Agreement includes a 5% Parts and Labor discount through Caterpillar' s contract 120617- CAT with Source well Program and additional5% through Holt of California.

Warranty Term:

Holt of California' s warranty term is( 12) months for workmanship and( 12) months for Parts. 81 City of Lathrou

EXCLUSIONS AND/ OR LIMITATIONS:

Indemnification:

Holt of Califarnia' s responsibility in this agreement is limited to equipment' s inspection as outlined in the attached" Detailed Description of Service Levels", and as modified accordingly within this agreement.

Holt of California does not guarantee the detection or the replacement of worn components, the proper operation of the equipment in the event of a power failure, or any other circumstances outside the control of Holt of California. The Customer agrees to indemnify Holt of California and its officers, agents, or representatives from all claims and causes of action, which may arise directly or indirectly out of the failure of the equipment, or any part thereof, service by Holt of California.

TERM AGREEMENT:

This service agreement is valid from October 9, 2023, through June 30, 2024, and may be canceled at any time with thirty- ( 30) day written notice by either party. Without a signed agreement, this offer is valid for sixtv- ( 60L, after which pricing and/ or terms may be adjusted accordingly.

We aqpreciate the oUqortunitV to be of service to You. If you have anv questions, please feel free to contact Bonnie Terry( 916) 416- 2921 or bv email: bterryna, holtca. com By signing below, Holt of California agrees to provide the above- mentioned services at the pricing listed.

The City of Lathrop agrees to the terms mentioned herein and hereby authorizes commencement of services.

Bonnie Terry Date Representative Date
Product Support Representative City of Lathrop
Power Systems Division

HOLT OF CALIFORNIA
Ce1L• ( 916) 416- 2921
Office/ After- hours: ( 916) 373- 4155
82 HaLT j
of Californ` a
Power Systems Service: Electric Power, Petroleum, Industrial- 1- 916- 373- 4155- www.holtca. com/ psservice Detailed Scope of Services
LeVe 1 PM (Recommended Semi- annual or Quarterly)

1. 0 GENERAL

1. 1 Visual inspection of the overall condition of the generating set for foreign objects, loose or broken fittings, guards, and other components.

2. 0 AIR INDUCTION AND EXHAUST SYSTEM

2. 1 Air Service Indicator- Inspection and notation of the reading on service indicator( if applicable).

2. 2 Air Filter- Visual inspection( replace when required at an additional cost).

2. 3 Air Inlet System- Inspection of piping/ ducting for damage, loose connections and inspect for proper louver or inlet air fan operation( if applicable).

2. 4 Turbocharger- Visual inspection for signs of wet stacking, exhaust leakage or external damage.

2. 5 Exhaust Manifold- Inspection for damage, lose or missing hardware and evidence of wet stacking and exhaust leaks.

2. 6 Exhaust Silencer/ After treatment- Visual inspection of overall condition, wet stacking, exhaust leaks, loose, broken and missing fasteners, and after treatment high back pressure alarms( if applicable). Check for proper rain cap operation or exhaust fan operation.

3. 0 COOLING SYSTEM

3. 1 Radiator/ Heat Exchanger- Visual inspection for leaks, damage and debris. Inspect louvers for proper operation ( if applicable).

3.2 Coolant- Inspect for proper level, conditioner level, proper freeze point, and visual inspection for color quality. Inspect radiator cap for signs of leaking, damage and deteriorating sealing gasket.

3.3 Hoses and Connections- Visually inspect hoses and connections for leaks, bulging, collapsing and damaged clamps.

3.4 Fan Drive Assembly- Check for proper operation( no slipping) while engine is running and check for signs of slipping on adjacent components. Inspect fan belt for proper tightness and for any wear cracks.

3. 5 Jacket Water Heater- Check and record temperature and check upper hose for hardening. Insure circulation is adequate throughout the engine.

3. 6 Water Pump- Visual inspection for coolant leaks out of flanges and weep holes.

3. 7 Temperature Thermostats( regulators)- Infrared analysis before and after the regulators prior to starting engine to check for signs of open thermostats. Run engine and record engine coolant temperature after cooling system has stabilized.

4. 0 FUEL SYSTEM

4. 1 Fuel Lines and Connections- Inspect for leaks and condition of hoses( if appiicable).

4. 2 Governor- Inspection of controls and linkage for proper operation( if applicable).

4. 3 Fuel Filters( primary and secondary)- Inspect for leaks and external damage. Inspect water trap bowis on primary filters for water and sediment( if Applicable).

4. 4 Day Tank- Check and record fuel levei. Visual inspection for leaks and test operation of the transfer pump( if applicabie).

4. 5 Main Fuel Tank- Check and record fuel level. Visual inspection for damage, fuel leaks and signs of water entry( if applicable).

4. 6 Engine Fue Priming Pump- Inspect for leaks( if applicable).

4. 7 Fuel Pressure- Check fuel pressure while engine is running and record if an external gauge is present.

5. 0 LUBE OIL SYSTEM

5. 1 Oil Level- Check for proper oil level and contamination of oil on level gauge. Check for external oil leaks.

5. 2 Oil Pressure- Check and record engine oil pressure while engine is running if an external gauge exists.

5. 3 Crankcase Breather- Visual inspection for damage leaks and excessive blow- by while the engine is running.

5. 4 Oil Sampling- Obtain oil sampie for laboratory analysis; TBN check for extended oil change intervals( if applicable).

6. 0 ENGINE STARTING SYSTEM

6. 1 Batteries- Maintain electrolyte level, clean and tighten post connections as needed, Battery analyzer test and record voltage drop while engine is cranking for lead acid battery' s. 62 Battery Charger- Verify proper float and boost operation, adjust float to match battery type where applicable, and inspect for loose and deteriorated wiring.

6. 3 Starter Motor- Verify connections are tight and clean. While cranking listen for abnormal engagement and cranking noises.

6. 4 Charging Alternator- Check belts for looseness and deterioration, record DC voltage during engine operation and record maximum amperage output; compare with specifications.

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83 7. 0 CONTROL PANEL

7. 1 Start Controls- Check manual/ auto start switch for proper operation. Check automatic start function and return to the auto" position after testing; record position of manual/ auto switch after testing( if applicable).

7. 2 Metering- Verify that the voltage and engine parameter gauges function while engine is operating, record the readings of each after engine operation has stabilized( if applicable).

7. 3 Emergency stop- Test for proper operation and annunciation; return switch to run position and record switch position after testing ( if applicable).

7. 4 Remote Annunciator- Lamp test to check for presence of DC voltage and correct lamp operation ( if applicable).

7. 5 Control panel- operation and test.

7. 6 Safety Shutdowns- Test for proper safety shutdown operation and annunciation( if applicable).

8. 0 GENERATOR MECHANICAL( if applicable)

8. 1 Space Heaters- Check for proper operation ( if applicable).

8. 2 Generator- visual Inspection of generator for foreign material, dirt, and grease/ oil accumulation.

8. 3 Vibration Isolators- Check for proper adjustment and condition of mounting hardware. Visual inspection of generator set for movement while starting.

8. 4 Main Circuit Breaker- Open and close circuit breaker; record breaker position after testing.

9. 0 AUTOMATIC TRANSFER SWITCH ( if applicable)-( inspection includes one ATS) ( Only perform this service if unit has had an Arc flash study)

9. 1 Monitor source voltage indicators while engine is running.

9. 2 Perform visual inspection of inside the ATS, with proper personal protective clothing on, and check for hot spots with infrared thermometer if proper ACR flash study has been performed.

9. 3 With customer approval, perform building load test and observe ATS operation until engine cool down and shutdown sequence occurs.

LeVe 2 PM( includes items listed in Level 1 PM. Recommended annually)

3. 0 COOLING SYSTEM

3. 8 Coolant- Obtain coolant sample for level two laboratory analysis.

3. 9 Radiator Cap- Pressure test radiator cap for proper operation

3. 10 Radiator- Pressure test radiator( if applicable).

4. 0 FUEL SYSTEM

4. 8 Fuel- Obtain fuel sample from main tank for laboratory analysis

4. 9 Filters- Replace engine fuel filters( if applicable).

5. 0 LUBE OIL SYSTEM

5. 7 Oil- Replace engine oil and record level after engine testing ( unless approved for extended intervals)

5. 8 Filters- Replace engine oil filters.

6. 0 STARTING SYSTEM

6. 8 Magnetic Pickup Sensor- Remove sensor and clean. Reinstall sensor and set to the proper depth.

Record voltage output while engine is running( if applicable).

6. 9 Starter Motor- On units with multiple starters verify each starter operates properly.

8. 0 GENERATOR MECHANICAL( if applicable)

8. 8 Exciter/ PMG- Check and record exciter clearance if accessible.

8. 9 Conductors- Check AC conductors for insulation damage within the marshaling box.

8. 10 Fan- Check for broken fan blades and foreign debris.

8. 11 Bearing- Lubricate generator bearings( if applicable).

COO IIt$ YSteCYI $ 2YVICe( Recommended every three years)

2. 0 AIR INDUCTION AND EXHAUST SYSTEM

2. 7 Separate Circuit Aftercooler( if applicable)- Drain coolant and flush the aftercooler system with fresh water( or chemicals if applicable). Replenish aftercooler system with a new NGEC coolant and purge air from system when full.

3. 0 COOLING SYSTEM

3. 11 Coolant- Drain coolant, and flush with fresh water( or chemicals if applicable). Replenish cooling system with a new NGEC coolant and purge system of air when full.

3. 12 Hoses and Connections- Replace all cooling system hoses including jacket water heater hoses; for all connections using worm- gear clamps replace clamps as needed.

3. 13 Fan Belts- Replace engine fan belts; after final operational check the unit to verify belt tension.

3. 14 Temperature Thermostats- Replace engine cooling system thermostats and seals.

6. 0 ENGINE STARTING SYSTEM

6. 10 Charging Alternator- Replace alternator belt( s).

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7. 0 REPLACE BATTERIES
Resistive— Resistive/ Reactive Load Bank Testin Recommendea annuauy>

11. 0 RESISTIVE/ REACTIVE LOAD BANK TEST

11. 1 Connect load bank to generator output

11. 2 Start engine and record baseline readings ( Engine: Oil Pres, Water temp, Fuel pressure, RPM, D. C. Voltage, & Exhaust temp.

Generator: A. C. Voltages across all phases, Amperage @ each phase, Frequency, Power, Power Factor, & Ambient temp.)

11. 3 Apply load to generator at required levels and at required intervals. Monitor unit and recording readings at required intervals for duration of load bank test.

11. 4 Complete Load Bank Data Sheet and provide copy to customer.

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85 86
ITEM 4. 10

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER NO. 31

WITH DAVID SILVA, DBA SILVA LANDSCAPE

FOR LANDSCAPE IRRIGATION SYSTEMS

MAINTENANCE SERVICES AND APPROVE

BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving Contract Change Order No. 31 with David Silva, dba Silva
Landscape for Landscape Irrigation Systems
Maintenance Services and Approve Budget
Amendment
SUMMARY:

David Silva, dba Silva Landscape ( Silva Landscape) has maintained the landscape and provided minor repairs to irrigation systems for City- owned parks and streetscapes ( Landscape) since 2017. City staff currently provides oversight for major repairs to the irrigation systems for the Landscape. As the City continues to accept public landscaping, consolidating all irrigation maintenance into one source will minimize the costs and maximize the results associated with this maintenance.

In response to staff request, Silva Landscape has provided a proposal of $ 9, 500 per month ($ 114, 000 annually) to provide all irrigation oversight and repair services previously performed by City staff.

Staff requests that Council adopt a resolution approving Contract Change Order CCO) No. 31 ( Attachment B") with Silva Landscape to provide the subject services.

Sufficient funds for CCO 31 were not allocated in the approved FY 2023- 24 budget; therefore, staff also requests City Council approve a budget amendment as outlined in the fiscal impact section.

BACKGROUND:

On September 1, 2017, City Council approved the award of a service contract to Silva Landscape for maintenance of the Landscape and the portion of associated irrigation systems including lateral lines and spray and bubbler heads.

City staff provides ultimate oversight, flow adjustments, and maintenance for the upstream remainder of the irrigation systems, including but not limited to main lines, valves and manifolds, controllers, backflow preventers and booster pumps. These tasks are described in further detail in the Bid Specifications of this contract' s Scope of Work in section C. Specific Park and Streetscape Maintenance Services - 1. 1 Irrigation.
87 CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CCO NO. 31 WITH DAVID SILVA, DBA SILVA LANDSCAPE FOR

LANDSCAPE IRRIGATION SYSTEMS MAINTENANCE SERVICES AND APPROVE

BUDGET AMENDMENT
The requested services contemplated by CCO No. 31 were not part of the original bid specification, the contract for which was awarded to Silva Landscape on September 1, 2017 and will expire on ) une 30, 2024. As the City continues accepting parks and landscape, the need for irrigation maintenance is increasing. Timely and unified preventive maintenance and repair of irrigation components minimizes expenses by optimizing water use and reducing the incidence of replacing dead plant material. As the current structure of these services requires the City' s input in conjunction with Silva Landscape, improvements to efficiency of this operation could be achieved by permitting Silva Landscape to maintain the entire irrigation system rather than share this task with the City.

Therefore, City staff requested a proposal from Silva Landscape for maintenance and landscape irrigation services. Silva Landscape provided a quote for the addition to their existing contract of all irrigation maintenance tasks currently performed by City staff in the amount of $ 9, 500 per month. Details of the proposed services include but not limited to;
Adjusting the water volume and timing of irrigation
Maintaining and repairing all automated valve controllers, wiring, valves and manifold assemblies, backflow prevention devices and main lines Preventive adjustments to irrigation not included in the weekly action items Focus on improving efficiency of irrigation during hot weather months Focus on replacement of Calsense irrigation components with City- provided components during cold weather months
Therefore, staff requests City Council adopt a resolution approving CCO No. 31 with Silva Landscape for the provision of Landscape irrigation maintenance services for 9, 500 per month through the end of the existing contract term, June 30, 2024. The services contemplated by CCO No. 31 will be incorporated into the contract specifications for Landscape maintenance the next time this contract is let to public bidding.

Staff also requests City Council approve a budget amendment as detailed below.

REASON FOR RECOMMENDATION:

The proposed services will unify under one contractor the provision of maintenance services for the irrigation systems for all the Landscape. This unification will improve water use efficiency and reduce the frequency of repairs, and therefore reduce the costs to purchase water and replace dead plant material.

FISCAL IMPACT:

The monthly cost of proposed CCO No. 31 is $ 9, 500, and would require annual funding for each of the next two fiscal years as summarized in Table 1, below. 88 CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CCO NO. 31 WITH DAVID SILVA, DBA SILVA LANDSCAPE FOR

LANDSCAPE IRRIGATION SYSTEMS MAINTENANCE SERVICES AND APPROVE

BUDGET AMENDMENT
Table 1: Contract Cost Budget Summary
Monthl Cost FY 2023- 24 8 month term FY 2024- 25 12 month term 9, 500 76, 000 114, 000
Sufficient funds for this amendment were not allocated in the approved FY 2023- 24 budget; therefore, staff requests City Council approve a budget amendment as summarized, below:

Fund Increase Appropriation
FY FY
2023- 24 2024- 25
GeneralFund 1010- 30- 05- 420- 27- 00 169 254
GeneralFund 1010- 30- 10- 420- 27- 00 267 401
GeneralFund 1010- 30- 10- 420- 32- 00 3 495 5 243
GeneralFund 1010- 40- 30- 420- 27- 00 331 496
Measure C - Essential Cit Services Fund 1060- 19- 10- 420- 32- 00 2 821 4 231 Streets Fund 2080- 50- 10- 420- 27- 00 362 543
Streets Trees Fund 2080- 50- i1- 420- 27- 00 2 733 4 099 Storm Drain - S ec. Ben Fund 2510- 50- 20- 420- 27- 00 406 608 Storm Drain - S ec. Ben Fund 2510- 50- 20- 420- 32- 00 607 911 Woodfield Landsca e Fund 2530- 50- 62- 420- 32- 00 1 192 1 787 Stonebridge Landscape Fund 2550- 50- 60- 420- 27- 00 4, 897 7, 346 Stonebrid e Landsca e Fund 2550- 50- 60- 420- 32- 00 286 429 Stonebrid e Drain and Li htin Fund 2560- 50- 60- 420- 32- 00 1 502 2 252 Mossdale CFD Fund 2570- 50- 63- 420- 27- 00 14 550 21 824 Mossdale Landsca e and Li htin Fund 2580- 50- 64- 420- 32- 00 15 311 22 966 Historic Lathro CFD Fund 2630- 50- 65- 420- 27- 00 119 178 Historic Lathro CFD Fund 2630- 50- 65- 420- 32- 00 312 467 South Lathro CFD 2019- 1 Fund 2670- 50- 55- 420- 27- 00 1 070 1 605 Lathro Gatewa Business Park CFD 2021- 1 Fund 2672- 50- 55- 420- 27- 00 351 526 CLSP Services CFD 2019- 2 2680- 50- 55- 420- 27- 00 14 241 21 362 CLSP Services CFD 2019- 2 2680- 50- 64- 420- 32- 00 9 511 14 267 WaterFund 5620- 50- 50- 420- 27- 00 150 224
MW CF Collection 5 stem Fund 6010- 50- 30- 420- 27- 00 28 42 CTF- MBR Sewer Fund 6080- 50- 34- 420- 27- 00 1 301 1 951 ATTACH M ENTS:

A. Resolution Approving Proposed Contract Change Order No. 31 with David Silva dba Silva Landscape
B. Contract Change Order No. 31 with David Silva dba Silva Landscape 89 CITY MANAGER' S REPORT PAGE 4
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CCO NO. 31 WITH DAVID SILVA, DBA SILVA LANDSCAPE FOR

LANDSCAPE IRRIGATION SYSTEMS MAINTENANCE SERVICES AND APPROVE

BUDGET AMENDMENT
APPROVALS:
t Z 5.Z 3
Steven Hollenbeak Date
Assistant Engineer
r 25'- 3
Ken Reed Date
Senior Construction Manager
q 2 6 Zo23
Brad aylor Date
City Engineer
F, R c, 9 27IZaZ3
Cari James Date
Director of Finance
27- Z o23
Michael King Date
Assistant City Manager
z.6 t o z 3
Salvador Navarrete Date
City Attorney
0•4 • 23
St en J. Salvatore Date
City Manager
90 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING CONTRACT CHANGE ORDER NO. 31 WITH DAVID SILVA, DBA

SILVA LANDSCAPE FOR LANDSCAPE IRRIGATION SYSTEMS MAINTENANCE

SERVICES AND APPROVING BUDGET AMENDMENT
WHEREAS, on September 1, 2017, City Council approved the award of a Service contract to David Silva, dba Silva Landscape ( Silva Landscape) for maintenance of landscape and downstream sections of irrigation for the City' s parks and streetscapes; and
WHEREAS, City staff currently performs all adjustments to controllers and maintains and repairs all irrigation components upstream of lateral lines; and WHEREAS, to optimize irrigation system performance and minimize costs, all landscape irrigation maintenance services should be performed by one entity; and WHEREAS, the services contemplated by Contract Change Order ( CCO) No. 31 were not included in the original contract specifications for the contract awarded to Silva Landscape on September 1, 2017 and which will expire on June 30, 2024 ; and
WHEREAS, staff requested and Silva Landscape provided a proposal of$ 9, 500 per month for the additional landscape irrigation maintenance services; and WHEREAS, staff requests City Council adopt a resolution approving CCO No. 31 with Silva Landscape for the provision of landscape irrigation maintenance and repair services currently performed by City staff for all City- owned parks and streetscape for $ 9, 500 per month; and
WHEREAS, as sufficient funds for this amendment were not allocated in the approved FY 2023- 24 budget, staff requests City Council approve a budget amendment as follows:
91 Fund Increase Appropriation
FY FY
2023- 24 2024- 25
GeneralFund 1010- 30- 05- 420- 27- 00 169 254
GeneralFund 1010- 30- 10- 420- 27- 00 267 401
GeneralFund 1010- 30- 10- 420- 32- 00 3 495 5 243
GeneralFund 1010- 40- 30- 420- 27- 00 331 496
Measure C - Essential Cit Services Fund 1060- 19- 10- 420- 32- 00 2 821 4 231 Streets Fund 2080- 50- 10- 420- 27- 00 362 543
Streets Trees Fund 2080- 50- 11- 420- 27- 00 2 733 4 099 Storm Drain - S ec. Ben Fund 2510- 50- 20- 420- 27- 00 406 608 Storm Drain - S ec. Ben Fund 2510- 50- 20- 420- 32- 00 607 911 Woodfield Landsca e Fund 2530- 50- 62- 420- 32- 00 1 192 1 787 Stonebridge Landscape Fund 2550- 50- 60- 420- 27- 00 4, 897 7, 346 Stonebrid e Landsca e Fund 2550- 50- 60- 420- 32- 00 286 429 Stonebrid e Drain and Li htin Fund 2560- 50- 60- 420- 32- 00 1 502 2 252 Mossdale CFD Fund 2570- 50- 63- 420- 27- 00 14 550 21 824 Mossdale Landsca e and Li htin Fund 2580- 50- 64- 420- 32- 00 15 311 22 966 Historic Lathro CFD Fund 2630- 50- 65- 420- 27- 00 119 178 Historic Lathro CFD Fund 2630- 50- 65- 420- 32- 00 312 467 South Lathro CFD 2019- 1 Fund 2670- 50- 55- 420- 27- 00 1 070 1 605 Lathro Gatewa Business Park CFD 2021- 1 Fund 2672- 50- 55- 420- 27- 00 351 526 CLSP Services CFD 2019- 2 2680- 50- 55- 420- 27- 00 14 241 21 362 CLSP Services CFD 2019- 2 2680- 50- 64- 420- 32- 00 9 511 14 267 WaterFund 5620- 50- 50- 420- 27- 00 150 224
MW CF Collection S stem Fund 6010- 50- 30- 420- 27- 00 28 42 CTF- MBR Sewer Fund 6080- 50- 34- 420- 27- 00 1 301 1 951 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby adopt a resolution approving Contract Change Order No. 31 with David Silva, dba Silva Landscape for additional irrigation system maintenance services for all City- owned parks and streetscape for $ 9, 500 per month.

BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment as detailed above.
92 The foregoing resolution was passed and adopted this 9t" day of October, 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 93 ATTACHMENT
3 ., CHANGE ORDER NO. 31
Monthly Fee— Landscape Irrigation Systems Maintenance
Services City of Lathrop
CONTRACT CHANGE ORDER NO. 31
MONTHLY FEE— Landscape Irrigation Systems Maintenance
Contractor: David Silva DBA Silva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date October 9, 2023
Contract Execution Date: September 1, 2017
Notice to Proceed Date: August 29, 2017
This contract change order augments or changes the following:

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 specifications and scope of work contracted for within the terms of the agreement between the City of lathrop and David Silva DBA Silva landscape dated September 1, 2017.

I. CHANGES IN THE SPECIFICATIONS
A. Add to Contract Specifications, Section 01000 SCOPE OF WORK— C. SPECIFIC PARK AND STREETSCAPE MAINTENANCE SERVICES sub- section 1. 23, below:

1. 23 Irrigation Maintenance Services— Additional Tasks Contractor shall take responsibility for and perform all day to day operations for the maintenance, repair and performance of all park and streetscape irrigation components and systems for sites within Contractor' s current contract, including main lines, station valves and manifold assemblies, Calsense and all other irrigation timers/ controllers, low voltage irrigation wiring, backflow prevention devices, main valves and booster pumps.

Contractor shall be responsible for all adjustments to flow rate from station valves and controllers.

Contractor shall supply all labor involved in this work and the City will supply materials necessa ry.

Contractor shall receive weekly reports provided by a City of Lathrop representative and make all adjustments indicated as necessary in these reports in a timely manner.

Contractor shall make field adjustments not necessarily noted in the weekly reports to address anticipated or observed problems.

During the peak irrigation months ( approx.. May through October), Contractor shall concentrate on water budgets and adjustments.
94 CHANGE ORDER NO. 31
Monthly Fee— Landscape Irrigation Systems Maintenance
Services City of Lathrop
During periods of reduced irrigation ( approx. November through April), Contractor shall coordinate with the City on installing City- supplied new controllers to replace designated CalSense controllers.

II. ADDITION( S) TO CONTRACT
Monthly Fee— Landscape Irrigation Maintenance Supervision 9, 500/ mo.

MONTHLY FEE COST FROM CHANGE ORDER NO. 31 ( MONTHLY FEE) 9, 500/ mo.

ORIGINAL CONTRACT AMOUNT( MONTHLY FEE) 57, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 ( MONTHLY FEE) 13, 900. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 8( MONTHLY FEE) 1, 850. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11 ( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14( MONTHLY FEE) 3, 500.00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15 ( MONTHLY FEE) 8, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25 ( MONTHLY FEE) 250. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 26( MONTHLY FEE) 825. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 27( MONTHLY FEE) 625. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 28( MONTHLY FEE) 675. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 29( MONTHLY FEE) 450. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 30( MONTHLY FEE) 3, 725. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 31 ( MONTHLY FEE) 9, 500. 00 TOTAL REVISED MONTHLY CONTRACT AMOUNT 102, 889. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3( ONE TIME FEE) 22, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4( ONE TIME FEE) 3, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6( ONE TIME FEE) 11, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7( ONE TIME FEE) 1, 780. 00 TOTAL AqDITIONAL COST FROM CHANGE ORDER NO. 9( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10( ONE TIME FEE) 950. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12( ONE TIME FEE) 3, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17 ( ONE TIME FEE) 2,400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18( ONE TIME FEE) 1, 650. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 19 ( ONE TIME FEE) 2, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21 ( ONE TIME FEE) 1, 300. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANFE ORDER NO. 24( ONE TIME FEE) 4, 500. 00 TOTAL ONE- TIME ADDITIONS TO CONTRACT AMOUNT 78, 900. 00

END OF CHANGES)
95 CHANGE ORDER NO. 31
Monthly Fee— Landscape Irrigation Systems Maintenance
Services City of Lathrop

DESCRIPTION OF WORK
See Sec. II. ADDITION( 5) TO CONTRACT. The contractor will provide all labor, material, equipment and perform all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as Notice to Proceed is received, and run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 31. 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.

EXHIBITS
A: Proposal # 2042 from Silva Landscape

END OF SECTION)
96 CHANGE ORDER NO. 31
Monthly Fee— Landscape Irrigation Systems Maintenance
Services City of Lathrop
Approved As
To Form:

Z"` 6 ` - pZ
Salvador Navarrete Date
City Attorney
City of lathrop
Recommended
By:

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

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

David Silva dba Silva Landscape Date
Print Name and Title
97 EXHIBIT A
Silva Landscape
Po Box 607
Patterson, CA 95363 US
925) 413- 3192
david. silvalandscape@gmai l. com
S 1 LVA

LANDSCAPE
Estimate
ADDRESS ESTIl IATE# 2042
City of Lathrop
DATE 08/ 08/ 2023
390 Towne Centre Drive
Lathrop, CA 95330

DESCRIPTION
Irrigation Control Proposal

SERVICES AMOUNT
Silva Landscape will take responsibility of day to day operations of the entire inigation 9, 500. 00 controller system and will make all necessary adjustments needed to insure the needs of the landscape are met
Silva Landscape will receive weekly report provided by a City of Lathrop representative and make all adjustments needed from these reports in a timely manner Silva Landscape will also make necessary adjustments identified in the field but not noted in the reports.

During the peak irrigation months we will concentrate on water budgets and adjustments, during slower periods of irrigation needs we will work with the City installing the replacements of the CalSense system with City supplied new controllers Silva Landscape will supply all labor involved in this work and City of Lathrop will supply all materials necessary.

Monthly-$ 9, 500
Approved by TOTAL 9,500.

Accepted By Accepted Date
98 ITEM 4. 11

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE APPOINTMENT OF A PUBLIC MEMBER TO

THE SAN JOAQUIN AREA FLOOD CONTROL AGENCY

BOARD OF DIRECTORS
RECOMMENDATION: Adopt Resolution Appointing a Public Member to the San 7oaquin Area Flood Control Agency Board of
Directors and to the Enhanced Infrastructure
Financing District Public Financing Authority
SUMMARY:

In July 2022, the City Council adopted the Enhanced Infrastructure Financing District EIFD") and associated Public Financing Authority ( PFA"). These entities were established to finance the construction and/ or acquisition of capital improvements planned to provide an Urban Level of Flood Protection (' ULOP") for the Mossdale Tract.

There is currently an open vacancy for a Public Member on San Joaquin Area Flood Control Agency Board of Directors, the Mossdale EIFD and associated PFA. The EIFD PFA is responsible for governing the Mossdale Tract Enhanced Infrastructure Financing District, as outlined in Government Code 53398. 50 - 55398. 88.

The unscheduled vacancy is due to Mr. Morowit' s resignation in November 2022 from SJAFCA' s Board of Directors, EIFD and associated PFA. Mr. Morowit was elected to the Manteca City Council, which meant he could not hold both positions. According to our agreement with SJAFCA, all agencies need to approve the Public Member. S) AFCA conducted a recruitment process and in- person interviews, and Mr. Steve DeBrum was selected as the Public Member by SJAFCA' s Board of Directors. His term will be two years, pending approval from all SJAFCA member agencies and other Affected Taxing entities for the PFA.

Staff recommends Council approve a resolution appointing City of Manteca' s appointment of Mr. Steve DeBrum, as Public Member to SJAFCA' s Board of Directors and to the EIFD PA, both for a term of two years.

BACKGROUND:

Senate Bill 5 ( SB5), and related companion bills, created a new requirement for certain land use decisions made by cities and counties in the California Central Valley. Prior to approving discretionary land use decisions for non- residential projects, and prior to approving ministerial land use decisions ( building permits) for new residential buildings in areas that don' t have an Urban Level of Flood Protection ( ULOP), land use agencies are required to make findings related to the provision of 200- year ULOP. 99 CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE APPOINTMENT OF A PUBLIC MEMBER TO THE SAN 70AQUIN AREA

FLOOD CONTROL AGENCY BOARD OF DIRECTORS
In January 2022, the City Council adopted a Resolution of Intention to participate in the EIFD and associated PFA established to finance the construction and/ or acquisition of capital improvements planned to provide an ULOP for the Mossdale Tract. In July 2022, the City Council adopted a resolution approving the Mossdale Tract EIFD Infrastructure Financing Plan.

The Mossdale Tract Area EIFD has four ( 4) affected taxing entities , the City of Lathrop, the City of Manteca, the City of Stockton, and San Joaquin County (' Affected Taxing Entities"); thus, the PFA governing body consists of eight ( 8) members from the respective Affected Taxing Entities and two ( 2) Public Members, for a total of ten ( 10) members; the initial selection of the Public Membership was completed by the City of Lathrop as part of its initial action.

For administrative efficiency and consistent oversight of the Mossdale Tract ULOP program, staff supported SJAFCA' s recommendation to have PFA membership overlap as much as possible with the SJAFCA Board of Directors membership. The existing City of Manteca appointed SJAFCA Board Members were appointed to the PFA.

Because SJAFCA' s Board of Directors has one Public Member, one of the two Public Members of the PFA selected by Lathrop was Mike Morowit, at that time a former City of Manteca Councilmember, who then occupied the Public Member position on the SJAFCA Board; the other Public Member selected by the City of Lathrop was Mr. Steve Dresser, a former Lathrop City Councilmember and former SJAFCA Board Member.

With the successful election of Mr. Morowit to the Manteca City Council in November 2022, Mr. Morowit had to resign from the Public Member position on the SJAFCA Board and related PFA.

According to the City of Lathrop approved Resolution No. 22- 5019, Section 8 " G," Public Members will be initiated by the legislative bodies of other Participating Entities in alphabetical order. Lathrop appointed Mr. Morowit as the first Public Member of the SJAFCA Board and the PFA. As a result, the City of Manteca is responsible for selecting the next public board member to replace Mr. Morowit.

Therefore, staff recommends Council approve a resolution approving the City of Manteca' s appointment of Mr. Steve DeBrum, as Public Member to SJAFCA' s Board of Directors and to the EIFD and associated PFA, both for a term of two years.

REASON FOR RECOMMENDATION:

The PFA governing body consists of eight ( 8) members from the respective ATEs and two ( 2) Public Members, for a total of ten ( 10) members. Approving the appointment of Mr. DeBrum would enable Mr. Steve DeBrum to fill the currently vacant Public Member seat on the Board of the EIFD PFA.
100
CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE APPOINTMENT OF A PUBLIC MEMBER TO THE SAN 70AQUIN AREA

FLOOD CONTROL AGENCY BOARD OF DIRECTORS
FISCAL IMPACT:

None.

ATTACH M ENTS:

A. Resolution Appointing a Public Member to the San Joaquin Area Flood Control Agency Board of Directors and to the Enhanced Infrastructure Financing District Public Financing Authority
101
CITY MANAGER' S REPORT PAGE 4
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

APPROVE APPOINTMENT OF A PUBLIC MEMBER TO THE SAN JOAQUIN AREA

FLOOD CONTROL AGENCY BOARD OF DIRECTORS
APPROVALS:
28 Zo Z3
Brad ylor Date
City Engineer
r-.x c. 9! Z g/ a3
Cari James Date
Director of Finance
t"-- l - z` f- 2023
Michael King Date
Assistant City Manager
Z S • z.v L3
Salvador Navarrete Date
City Attorney
Z,3
en J. Salvatore Date
City Manager
102
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPOINTING A PUBLIC MEMBER TO THE SAN JOAQUIN AREA FLOOD

CONTROL AGENCY BOARD OF DIRECTORS AND TO THE ENHANCED

INFRASTRUCTURE FINANCING DISTRICT PUBLIC FINANCING AUTHORITY WHEREAS, in January 2022, the City Council adopted a Resolution of Intention to participate in the Mossdale Tract Enhanced Infrastructure Financing District and associated Public Financing Authority established to finance the construction and/ or acquisition of capital improvements planned to provide an ULOP for the Mossdale Tract; and
WHEREAS, in July 2022, the City Council adopted a Resolution approving the Mossdale Tract Enhanced Infrastructure Financing District; and WHEREAS, the Mossdale Tract Enhanced Infrastructure Financing District is governed by a Public Financing Authority, the Board of Directors ( SJAFCA), as outlined in Government Code 53398. 50 - 55398. 88; and
WHEREAS, there is currently an open vacancy for a Public Member on San Joaquin Area Flood Control Agency Board of Directors, the Mossdale Tract EIFD and associated PFA; and
WHEREAS, the unscheduled vacancy is due to Mr. Morowit' s resignation in November 2022 from SJAFCA Board of Directors, EIFD and associated PFA. Mr.

Morowit was elected to the Manteca City Council, which meant he could not hold both positions; and
WHEREAS, according to the City of Lathrop approved Resolution No. 22- 5019, Section 8 " G," Public Members will be initiated by the legislative bodies of other Participating Entities in alphabetical order. Lathrop appointed Mr. Morowit as the first Public Member of the SJAFCA Board and the PFA. As a result, the City of Manteca is responsible for selecting the next public board member to replace Mr. Morowit; and WHEREAS, SJAFCA conducted a recruitment process and in- person interviews, and Mr. Steve DeBrum was selected as the Public Member by SJAFCA' s Board of Directors. His term will be two years, pending approval from all SJAFCA member agencies and other Affected Taxing entities for the PFA.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop hereby supports the appointment by the City of Manteca' s of Mr. Steve DeBrum, as Public Member to SJAFCA' s Board of Directors and to the EIFD PFA, both for a term of two years.
103
PASSED AND ADOPTED by the City Council of the City of Lathrop this 9t" day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 104
ITEM 4. 12

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASE AND INSTALLATION OF
SWARCO MCCAIN, INC. PRODUCTS FOR CITY- WIDE

TRAFFIC SYSTEMS AND SAFETY UPGRADES
PROJECT, CIP PS 23- 01 AND APPROVE BUDGET

AMENDMENT
RECOMMENDATION: Adopt Resolution Approving the Purchase and Installation of Swarco McCain Inc. Products for the
City- Wide Traffic Systems and Safety Upgrades
Project, CIP PS 23- 01 and Approve Budget
Amendment
SUMMARY:

On ) uly 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 in the City. Staff received a quote from Swarco McCain, Inc.

Swarco) for nine ( 9) Flex ATC Traffic Signal Controllers ( Flex ATC Controller) with installation as shown in Attachment " B".

Staff requests Council approve the purchase of the Flex ATC Controllers for a total cost of $ 36, 298. 31. Sufficient funds were not budgeted in the approved FY 23- 24 budget; therefore, staff request Council also approve a budget amendment in the amount of $ 100, 000 from the General Fund Street Repair Reserves ( 1010). The remaining funds after the purchase of the controllers will be utilized for other products to advance the project goals of CIP PS 23- 01.

BACKG ROU N D:

On July 11, 2022 Council approved the creation of CIP PS 23- 01 for City- Wide Traffic Systems and Safety Upgrades. These upgrades include the replacement of obsolete traffic controllers, installation of video and radar detection systems, communication upgrades, and safety upgrades including guard rails, signs, striping and bicycle facilities. A component of this Project is to improve the traffic signal technology throughout the City to promote mobility, safety and visibility.

City Standards require new signal installations to be equipped with a Flex ATC Controller. The City currently maintains and operates 24 traffic signals and all but 9 of these signals have a Flex ATC Controller. These nine ( 9) traffic signals are equipped with older models, such as the McCain 2070E Controller, which as compared to the Flex ATC Controller are less reliable, lack connectivity and functionality, and will be unsupported by the manufacturer in the near future. 105
CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE AND INSTALLATION OF SWARCO MCCAIN, INC.

PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PRO7ECT, CIP PS 23- 01 AND APPROVE BUDGET AMENDMENT
Installation of the nine ( 9) Flex ATC Controllers will ensure that ali traffic signals in the City have the same capability, reliability and ability to connect through the City' s network for remote timing, maintenance, alerts, data and visibility.

Staff received a quote from Swarco for nine ( 9) Flex ATC Controllers with installation in the amount of $36, 298. 31 as shown in Attachment" B". This product is proprietary; therefore, Swarco has provided a Sole Source Documentation, included as Attachment C".

Staff requests Council approve the purchase of the Flex ATC Controllers for a total cost of $ 36, 298. 31. Sufficient funds were not budgeted in the approved FY 23- 24 budget; therefore, staff request Council also approve a budget amendment in the amount of $ 100, 000 from the General Fund Street Repair Reserves ( 1010). The remaining funds after the purchase of the controllers will be utilized for other products to advance the goals of CIP PS 23- 01.

RECOMMENDATION:

A component of the City- Wide Traffic Systems and Safety Upgrade Project is to upgrade the traffic signal technology throughout the City, which will help improve traffic flow and level of service.

FISCAL IMPACT:

The purchase of the Swarco products listed in Attachment " B" has a cost of 36, 298. 31. Sufficient funds were not budgeted in the approved FY 23- 24 budget; therefore, staff request Council also approve a budget amendment in the amount of 100, 000 from the General Fund Street Repair Reserves ( 1010):

Increase Transfer Out
1010- 9900- 990- 9010 100, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 01 100, 000
Increase Expenditures
3310- 8000- 430- 37- 00 ( Materials) PS 23- 01 100, 000 Decrease Reserve
1010- 251- 03- 00 100, 000
106
CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE AND INSTALLATION OF SWARCO MCCAIN, INC.

PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PRO) ECT, CIP PS 23- 01 AND APPROVE BUDGET AMENDMENT
ATTACH M ENTS:

A. Resolution Approving the Purchase and Installation of Swarco McCain Inc. Products for the City- Wide Traffic Systems and Safety Upgrades Project, CIP PS 23- 01 and Approve Budget Amendment
B. Quote - Swarco, Inc.

C. Sole Source Letter - Swarco, Inc.
107
CITY MANAGER' S REPORT PAGE 4
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE AND INSTALLATION OF SWARCO MCCAIN, INC.

PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PRO) ECT, CIP PS 23- 01 AND APPROVE BUDGET AMENDMENT
APPROVALS:
9 2`j? 023
Brad ylor Date
City Engineer

1. az3
rnandes Date
Information Systems Director
Focc G o
Ia1. 2aL3
Cari James Date
Finance Director
10 - Z• Zct3
Michael King Date
Assistant City Manager
o- z, Z - 3
Salvador Navarrete Date
City Attorney
Z
Step en J. Salvatore Date
City Manager
108
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE PURCHASE AND INSTALLATION OF SWARCO MCCAIN INC.

PRODUCTS FOR THE CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23- 01 AND APPROVE BUDGET AMENDMENT
WHEREAS, on July 11, 2022 Council approved the creation of Capital Improvements Project ( CIP) PS 23- 01 for City- Wide Traffic Systems and Safety Upgrades; and
WHEREAS, a component of this project is to improve the traffic signal technology throughout the City to promote mobility, safety and visibility; and WHEREAS, City Standards require new signal installations to be equipped with a Flex ATC Controller. The City currently maintains and operates 24 traffic signals and all but 9 of these signals have a Flex ATC Controller; and WHEREAS, these nine ( 9) traffic signals are equipped with older models such as the McCain 2070E Controller, which, as compared to the Flex ATC Controller are less reliable, lack connectivity and functionality, and will be unsupported by the manufacturer in the near future; and
WHEREAS, staff received a quote from Swarco McCain, Inc. ( Swarco) for nine 9) Flex ATC Controllers with installation in the amount of $ 36, 298. 31; and WHEREAS, this product is proprietary; therefore, Swarco has provided a Sole Source Documentation, as shown in the City Manager' s Report dated, October 9, 2023; and
WHEREAS, staff requests Council approve the purchase of the Flex ATC Controllers for a total cost of $ 36, 298. 31; and
WHEREAS, sufficient funds were not budgeted in the approved FY 23- 24 budget; therefore, staff request Council also approve a budget amendment in the amount of$ 100, 000 from the General Fund Street Repair Reserves ( 1010) as follows.

The remaining funds after the purchase of the controllers will be utilized for other products to advance the project goals of CIP PS 23- 01
Increase Transfer Out
1010- 9900- 990- 9010 100, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 01 100, 000
Increase Expenditures
3310- 8000- 430- 37- 00 ( Materials) PS 23- 01 100, 000 109
Decrease Reserve
1010- 251- 03- 00 100, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the purchase of the Swarco McCain, Inc. Products listed in Attachment B" of the City Manager' s Report dated, October 9, 2023 for an amount of $ 36, 298. 31; and
BE IT FURTHER RESOLVED, that City Council of the City of Lathrop does hereby approve a budget amendment transferring funds from the Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) as detailed above. 110
The foregoing resolution was passed and adopted this 9t" day of October, 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 111

ATTACHMENT
D
Q

QUOTATION
Estimator: Jennifer Phelan
Quote #: JLP080923C 760) 734- 5050
AgenCy: Lathrop City of jennifer. phelan@swarco. com
Job Name; Flex
Bid Date: 8/ 9/ 23
Bid Item Qnty Description Price Extension
9 FLEX RACK MOUNT CONTROLLER, WIFI, 3, 708. 64 33, 377. 76

CALTRANS WITH

OMNI INTERSECTION CONTROL

SOFTWARE
Harlan Road/ Stonebridge Lane
Lathrop Road/ McKinley Avenue
River Islands Parkway/ McKee Boulevard
Golden Valley Parkway/ Spartan/ Lathrop
Golden Valley Parkway/Stanford Crossing
Yosemite Avenue/ Glacier Street
Harlan Road/ J Street
Yosemite Avenue/ McKinley Avenue
Yosemite Avenue/ D' Arcy Parkway

8. 75% TAX * subject to change 2, 920. 55
Reference Total 36, 298. 31
Prices firm for 90 days. Freight included. Add sales tax.

Sale is subject to Swarco' s standard terms and conditions.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential andlor legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. r
If you received this in error, please contact the sender and delete the material from any computer. 112

TTACHMENT
The Be.-t[ er W:ay Fvery f ay
Brad Taylor
City of Lathrop
390 Towne Centre Dr
Lathrop, CA 95330
September 28, 2023
Subject: Sole Source
Dear Mr. Taylor,
Please be advised, that at this time, SWARCO McCain offers the FLeX Controller with OMNI Software as the sole source manufacturer, at a reasonable price.

The ATC FLeX controller represents the latest design in the Swarco McCain' s ATC eX series of advanced transportation controllers, with a compact design offering speed and performance for any ATC, Caltrans or NEMA cabinet configuration.

We trust this information meets with your approval. Please do not hesitate to call/ email if additional information is needed or if you have any questions or concerns. Thank you for the opportunity to supply your traffic equipment needs.

Sincerely,
C. i z
Jennifer Phelan
Senior Account Manager
SWARCO McCain, Inc.

P: 760. 734. 5050
Jennifer. phelan@swarco. com
www. swarco. com/ mcca i n
SWARCO McCain, Inc., 2365 Oak Ridge Way, Vista, CA 92087, USA T.+ 1 760- 727- 8100, E. info. us@swarco. com
1/ 1
113
114
ITEM 4. 13

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO DSS

COMPANY DBA KNIFE RIVER CONSTRUCTION FOR

CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY
AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15-
02 AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to DSS Company dba Knife River Construction for
Construction of Louise Avenue and McKinley Avenue
Intersection Improvements, CIP PS 15- 02 and
Approve Budget Amendment
SUMMARY:

On 2015, City Council approved 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 along McKinley Avenue and upgrade the existing traffic signal at the intersection.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on August 14, 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 five ( 5) bids on August 30, 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 DSS Company dba Knife River Construction ( Knife River) with a bid of $ 2, 720, 377. 40.

Staff requests City Council award a construction contract to Knife River for construction of the Project in the amount of $ 2, 720, 377. 40 and authorize a 10% construction contingency of $272, 038 for a total cost not to exceed $ 2, 992, 416.

Staff is also requesting Council approve budget amendment transferring $ 1, 108, 000 from the General Fund Street Repair Reserves ( 1010) and $ 400, 000 from the Local Transportation Fund ( LTF) ( 2140) to the CIP Project Fund ( 3310) to fund the construction contract and a 10% contingency.

BACKGROUND:

City Council approved CIP PS 15- 02 for intersection improvements at Louise Avenue and McKinley Avenue to install protected left-turns for both eastbound and westbound Louise Avenue. The intersection will be widened to accommodate exclusive left- turn lanes on all directions and to satisfy the Federal Highway Administration ( FHA) Surface Transportation Assistance Act ( STAA) truck route requirements for truck accessibility. 115
CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE RIVER

CONSTRUCTION FOR CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND APPROVE

BUDGET AMENDMENT
The bid solicitation package with plans and specifications for the construction of the Project was advertised on August 14, 2023 in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.

Five ( 5) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:

Table 1: Summar of Bid Resu/ ts
Contractor Base Bid
Knife River 2, 720, 377. 40
Sinclair General En ineerin Construction, Inc. 2, 730, 607. 46 Dirt D nast , Inc. 2, 944, 000
Geor e Reed, Inc. 3, 351, 322. 04
United Pavement Maintenance, Inc. 3, 612, 527
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Knife River. Staff requests City Council adopt a resolution awarding a construction contract to Contractor for $ 2, 720, 377. 40.

Staff also requests City Council authorize a 10% construction contingency of$ 272, 038 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 2, 992, 416.

REASON FOR RECOMMENDATION:

Caltrans issued the Authorization to Proceed ( E- 76) that allows the project to use the awarded federal funding. With Environmental, Design, and Right- of-Way ( ROW) phases completed, the Project is moving forward to Construction phase.

Pursuant to Council' s approval on March 13, 2023, signal equipment has been purchased and will be installed by Knife River. The traffic signal will be upgraded to the current City of Lathrop Standards and the intersection will accommodate STAA truck route to nearby commercial businesses and warehouses.

FISCAL IMPACT:

The Project received $ 400, 000 of federal Congestion Mitigation and Air Quality ( CMAQ) funds to construct the improvements. Additional funding is required to fund the proposed construction contract with Knife River for $ 2, 720, 377. 40 and a 10% construction contingency of $ 272, 038 is requested for a total cost not to exceed 2, 992, 416. Staff is also requesting Council to approve related budget amendment transferring $ 1, 108, 000 from the General Fund Street Repair Reserves ( 1010) and 400, 000 from the Local Transportation Fund ( LTF) ( 2140) to the CIP Project Fund 3310) as follows:
116
CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE RIVER

CONSTRUCTION FOR CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND APPROVE

BUDGET AMENDMENT
Decrease Street Reserves
1010- 251- 03- 00 1, 108, 000
Increase Transfer Out
1010- 9900- 990- 9010 1, 108, 000
Increase Transfer Out
2140- 9900- 990- 9010 400, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 15- 02 1, 508, 000
Increase A pro riation
3310- 8000- 420- 1200 PS 15- 02 1, 508, 000
ATTACH M ENTS:

A. Resolution to Award a Construction Contract to DSS Company dba Knife River Construction for Construction of Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15- 02 and Approve Budget Amendment B. Construction Contract with DSS Company dba Knife River Construction for Construction of Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15- 02
117
CITY MANAGER' S REPORT PAGE 4
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE RIVER

CONSTRUCTION FOR CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND APPROVE

BUDGET AMENDMENT
APPROVALS:

D y - / 8—.2. 2 3
Angel Abarca Date
Assistant Engineer
2vZ3
Ken Reed Date
Senior Construction Manager
jl 9?. 023
Brad ylor Date
City Engineer
F
Cari Jame Date
Director of' i ance
q . 21 • 2ot3
Michael King Date
Assistant City Manager
zi - zo L 3
Salvador Navarrete Date
City Attorney
c•.- Z
St en J. Salvatore Date
City Manager
118
RESOLUTION NO. 23-

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

A CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE RIVER

CONSTRUCTION FOR CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND APPROVE

BUDGET AMENDMENT
WHEREAS, on 2015, City Council approved Capital Improvement Project ( CIP) PS 15- 02 for Louise Avenue and McKinley Avenue Intersection Improvements Project) to widen Louise Avenue, modify lane configurations along McKinley Avenue and upgrade the existing traffic signal at the intersection; and WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on August 14, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, five ( 5) bids were received and opened on August 30, 2023; and WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be DSS Company dba Knife River Construction ( Knife River) with a bid of $ 2, 720, 377. 40; and WHEREAS, staff is requesting City Council award a construction contract to Knife River for the construction of CIP PS 15- 02 in the amount of $ 2, 720, 377. 40 and authorize a 10% construction contingency of $ 272, 038 for a total cost not to exceed 2, 992, 416; and
WHEREAS, the Project was granted $ 400, 000 of federal Congestion Mitigation and Air Quality ( CMAQ) funds to construct the improvements; and WHEREAS, additional funding is required to fund the proposed construction contract with Knife River for $ 2, 720, 377. 40 and a 10% construction contingency of 272, 038 is requested for a total cost not to exceed $ 2, 992, 416. Staff is also requesting Council approve budget amendment transferring $ 1, 108, 000 from the General Fund Street Repair Reserves ( 1010) and $ 400, 000 from the Local Transportation Fund ( LTF) ( 2140) to the CIP Project Fund ( 3310) as follows:

Decrease Street Reserves
1010- 251- 03- 00 1, 108, 000
Increase Transfer Out
1010- 9900- 990- 9010 1, 108, 000
Increase Transfer Out
2140- 9900- 990- 9010 400, 000
119
Increase Transfer In
3310- 9900- 393- 0000 PS 15- 02 1, 508, 000
Increase Aqpropriation
3310- 8000- 420- 1200 PS 15- 02 1, 508, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Knife River for construction of Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15- 02 for a cost of $ 2, 720, 377. 40; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 10% construction contingency of $ 272, 038 for a total cost not to exceed $ 2, 992, 416 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 hereby approves a budget amendment transferring $ 1, 508, 000 from the General Fund Street Repair Reserves ( 1010) and $ 400, 000 from the Local Transportation Fund ( LTF) ( 2140) to the CIP Project ( 3310) as detailed above. 120
The foregoing resolution was passed and adopted this 9t'' day of October 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 121

ATTA MENT

CONSTRUCTION CONTRACT
This Contract, dated October 9th 2023, is entered into by and between the City of Lathrop, a municipal corparation of the State of California ( City), and DSS Company dba Knife River Construction ( Contractor), whose Taxpayer ldentification Number is For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:
l. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.

2. General Scope of Project and Work. Construction Documents for Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15- 02 ( 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 scope of work includes, but is not limited to, installation of exclusive left turn lanes on all approaches and new signal equipment with controls. The improved intersection will provide a dedicated through lane, a combined through/right lane and a dedicated left-turn lane on Louise Avenue north and south bounds. On McKinley Avenue, the improved intersection will provide a combined through/ right lane and a dedicated left-turn lane on each approach. Widening and required transitions will extend from the intersection limit lines along both frontages. The improved roadway sections will be restripecl to delineate the reconfigured lanes, shoulders, crosswalks and directional arrows.

The work shall be completed within 75 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, 720, 377. 40

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 Knife River on August 14, 2023. For the purposes of 122
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 ofits 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 ofthis 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 ofthe Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach 123
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 Wark and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation 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 Contractar' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Wark Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a 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.

The Contractor shall not permit or a11ow 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 Wark 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). 124
Certi ed Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to 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 wark under the Facilities lease and Construction Provisions. Such recards 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 far inspection at all reasonable hours at the principal office of Contractor on the following basis:
125
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. Ifthe 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, subcontractars, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision( a), including the street address, city, and county, and shall, within( 5) working days, provide a notice of a change of location and address.

In the event of noncompliance with the requirements of this Article, Contractor shall have ten( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a
penalty of One- Hundred Dollars($ 100. 00)
to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.

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

10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
126

11. Re resentations 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;
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 Proj ect 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 127
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 Wark- 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
209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:

Phone:

Fax:

ATTN:
128

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 gant 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 ofthis Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part 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 ar 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 ar 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 ar 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.
129
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 ofthe Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined 130
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 warks project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties far failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' s Submitted Bid 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.
131
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 F RM:

By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
132
ExHiBrr~"
d"' i
City of
Public Works Depa rtment 390 Towne Centre Dr.- Lathrop, CA 95330 Phone( 209) 941- 7430- fax( 209) 941- 7449
www.ci.lathrop. ca. us
ADDENDUM NO. 3- August 28, 2023
Lo dse Ave and McKinley Ave Intersection Improvements
CIP PS 15- 02
This addendum amen.ds the Contract Drawings and Specifications for this project as follows:

1. Below is tYie revised Bid Schedule changing the quantity ofBid Item No. 16 to 157 LF.

REVISED BID SCHEDULE
Bid Item Descri tion Quantity Units Unit Eztended
Price Price
1 Mobili.sation/ Bonds/ Insurance 1 LS l tt' tr. i
2 Traffic Control 1 LS
3• Erosion. and Sedament Control Plan 1 LS
7 ,
SCP
4 Sawcut and remove Existin HMA 77, 782 SF Z qp g
5 Adjust water valve covers and 3 EA
service box to finish grade aa 4 Zm'
6 Relocat. e water service box 1 EA qj
7 Install fire h drant 1 EA
8 Traffic Signal Modifications an.d 1 LS St, 3 o c., SSo. 00 Improv ements at Louise/ McKinley
Ave I.; bor Onl
9 Constn ct PCC Gwrb Ram s 1 EA 2,ao o .
10 Constntct PCC Gbrb/ Gutter, City 60 LF
6 Std. Detail R- 11
11 Constn ictPCC Sidewalk 365 SF 2• cap t
p
12 - Install s torm drain manhole( City 2 EA
StandazdDetailD- 22 8•a' P°`
13 Instatl iiew catch basin( Type" A") 1 EA y,. pp ,
13B Install new catch basin{ Type" B"} 11 EA 7 pq
l4 Install 11. 5" Polypropylene storm 38 LF
yp, , 3 O• o
lateral
15 Construct 6" retaining curb around 1 LS .-. 2 c 0 - I, q2 DD catch basin 14
16 Install( 6'x8') horizontal drain with 157 LF , ,
3s_
60" erforated HDPE
133
PS 15- 02- Addendum No. 3

17 iInstall( 5' x8') horizontal drain with 412 - LF ,• z
48" perforated HDPE
17B Install( 4' x10') horizontal drain with 206 LF aq•s , a 0•b 30 erforated HDPE
t- - --- - 18 Construct shallow swale 4" max 5{} 0 I LF ., o ,, o. derth _-----
19 _ Place New HMA @ 9. 5" Thick 5, 900 TON itA. z
19B A egate Base 4, 340 ! CY
20 Place Microsurfacing 74 012 ' SF
21 Place 10" aggregate base shoulder 1 LS
backing S4,voAoo ,. co
22 Remove Existing Theimoplastic 1 LS
Markings Iand Striping
23 Thermoplastic Striping- Caltrans 2, 751 LF
Std. Pln. A20 Detail9 3,?abt .20
24 Thermoplastic Striping- Caltrans 3, 610 LF
Std. Pln. A20, Detai122 Z 3b 8.'S03• cx
25 Thermoplastic Striping- Caltrans 4,245 LF
Std. Pln. A20 Detai127B T 43• ba ,
26 Thermoplastic Striping- Caltrans 880 LF
4 d ---
T-_
Std. Pln. A20, Detai132
27 Thermoplastic Striping- Caltrans 835 _ LF- --_._.__-- ----------,, Std. Pln. A20, Detail 3 8
I LF
y o __-- ,Or 4 oo ,
c
t7 P. 1 N2• a0
28 Thermoplastic Striping- 12" White 885
Line
29 Thermoplastic Marking- Type I 3 i EA
ATTOW( 24') ____ _.__.__-- I
i Gvb4. tac , Q, zr p '
i
30 ___ _ _,
Arrow
stic Marking- Type II 6 i EA - -
q. 4-,3 4. cap '':
31 Thermoplastic Mazking- Type III 5 T EA
Arrow r+• oo 3 t4f•eo i--- _ _—
r32 Theimoplastic Marking- Type N 3 EA
iL Arrow 432• CX
r _._ r_.-__ .
33 Thermoplastic Marldng- Pavement 8 EA
b ZS Le end Si al, Ahead, Sto 2
I) ---
cu
34 Install Blue RPM fire h drant _ 2- f EA c __ @ Y i 1 t.pp - 35 Install New Chain Link Fence 1, 090 LF 2,.a q i 36 Relocate and Install new FH and 3 EA ARV
SCb, , S.dp '',
o7r.. 3 i,.--. : 2.,""t'2.U, 3-T' 7 . LtC
T', `, 4 a. ' Wc e s ( w (, t.. c.. `+, n... « u ut r.

T'vu- z- - s,rk r T l v
E-vE+.sc 1 ' s oh.,,
t
134
ITEM 4. 14

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO DIRT
DYNASTY, INC. FOR CONSTRUCTION OF SIDEWALK
INFILL AT 7" STREET AND 5T" STREET
INTERSECTION, CIP PS 23- 09
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to Dirt Dynasty, Inc. for Construction of Sidewalk Infill
at J" Street and 5t" Street Intersection, CIP PS 23-
09 SUMMARY:

On November 14, 2022, City Council approved Capital Improvement Project ( CIP) PS 23- 09 for Sidewalk Infill at the ' J" Street and 5th Street Intersection ( Project) to construct westerly curb returns and install standardized American with Disabilities Act ADA) ramps for pedestrian connectivity within the neighborhood and through the intersection. The Project also includes construction of new rolled and vertical curb, gutter and sidewalk improvements along " J" Street and 5th Street, installation of storm drainage improvements on 5th Street, and microsurfacing with new signing and striping on both road frontages.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on August 29, 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 six ( 6) bids on September 21, 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 Dirt Dynasty, Inc. ( Dirt Dynasty) with a bid of $ 588, 430.

Staff requests City Council award a construction contract to Dirt Dynasty for construction of the Project in the amount of $ 588, 430 and authorize a 10% construction contingency of $ 58, 843 for a total cost not to exceed $ 647, 273.

BACKGROUND:

The intersection of J" Street and 5t" Street is an all- way stop controlled intersection with curb returns only at the north and south of the easterly leg. The Project will construct the missing curb returns and install compliant ADA ramps.

New pavement surface will be installed on " J" Street from the centerline of 5th Street to 250 feet west of the intersection to accommodate parking, bike lanes and to connect to the existing curb and gutter on both sides of the road. Existing residential driveways will be reconstructed and transitioned to the new surface flow line. 135
CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR
CONSTRUCTION OF SIDEWALK INFILL AT 7" STREET AND 5T" STREET INTERSECTION, CIP PS 23- 09 AND APPROVE BUDGET AMENDMENT The bid solicitation package with plans and specifications for the construction of the Project was advertised on August 29, 2023 in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.

Six ( 6) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:

Tab/ e 1: Summar of Bid Resu/ ts
Contractor Base Bid
Dirt D nast , Inc. 588, 429. 10
United Pavement Maintenance, Inc. 588, 789
Ta lor Backhoe Service, Inc. dba TBS Contractors $ 608, 854. 21 GradeTech, Inc. 628, 947. 40
Geor e Reed, Inc. 840, 455. 05
FBD Van uard Construction, Inc. 854, 309. 50
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Dirt Dynasty. Staff requests City Council adopt a resolution awarding a construction contract to Contractor for $ 588, 430.

Staff also requests City Council authorize a 10% construction contingency of $ 58, 843 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 647, 273.

REASON FOR RECOMMENDATION:

Construction is needed to match existing roadway pavement on J" Street and provide sidewalk, curb, and gutter connectivity west of the 5t'' Street intersection. The Project will also provide on- street parking on both frontages of " J" Street and 5t" Street.

Pavement improvements will extend the road surface and provide smooth transition to residential driveways.

FISCAL IMPACT:

Funding for this project has been included in the Fiscal Year 2023/ 2024. Thus, no fiscal impacts are anticipated.

ATTACHMENTS:

A. Resolution to Award a Construction Contract to Dirt Dynasty, Inc. for Construction of Sidewalk Infill at " J" Street and 5th Street Intersection, CIP PS 23- 09 B. Construction Contract with Dirt Dynasty, Inc. for Construction of Sidewalk Infill at J" Street and 5th Street Intersection, CIP PS 23- 09
136
CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR
CONSTRUCTION OF SIDEWALK INFILL AT " STREET AND 5T" STREET INTERSECTION, CIP PS 23- 09 AND APPROVE BUDGET AMENDMENT APPROVALS:
9 - . 2, - . as3
Angel arca Date
Assistant Engineer
Z " z
Ken Reed Date
Senior Construction Manager
Z ZoZ3
Brad ylor Date
City Engineer
Cari Jam' s Date
Director inance
ZZ- 202
Michael King Date
Assistant City Manager
ZZ - Zv `
Salvador Navarrete Date
City Attorney
lo•t- 23
St en J. Salvatore Date
City Manager
137
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR CONSTRUCTION OF SIDEWALK INFILL AT J" STREET AND 5TH STREET INTERSECTION, CIP PS 23- 09 AND APPROVE BUDGET AMENDMENT
WHEREAS, on November 14, 2022, City Council approved Capital Improvement Project ( CIP) PS 23- 09 for Sidewalk Infill at the " J" Street and 5th Street Intersection ( Project) to construct westerly curb returns and install standardized American with Disabilities Act ( ADA) ramps for pedestrian connectivity within the neighborhood and through the intersection; and WHEREAS, the Project also includes construction of new rolled and vertical curb, gutter and sidewalk improvements along ")" Street and 5t'' Street, installation of storm drainage improvements on Sth St, and microsurfacing with new signing and striping on both road frontages; and
WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on August 29, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, the City Clerk received and opened six ( 6) bids on September 21, 2023; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Dirt Dynasty, Inc. ( Dirt Dynasty) with a bid of $ 588, 430; and
WHEREAS, staff is requesting City Council award a construction contract to Dirt Dynasty for the construction of CIP PS 23- 09 in the amount of $ 588, 430 and authorize a 10% construction contingency of $ 58, 843 for a total cost not to exceed 647, 273.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Dirt Dynasty for construction of Sidewalk Infill at J" Street and 5th Street Intersection, CIP PS 23- 09, for a cost of 588, 430; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 10% construction contingency of $ 58, 843 for a total cost not to exceed $ 647, 273 for construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 138
The foregoing resolution was passed and adopted this 9th day of October 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 139

ATTACHMENT

CONSTRUCTION CONTRACT
This Contract, dated October 9, 2023, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Dirt Dynasty, Inc., ( Contractor), whose Taxpayer ldentification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:

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

2. General Scope of Project and Work. Construction Documents for Sidewalk Infill at J St and Sth St Intersection, CIP PS 23- 09 ( 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 is generally described as, but not necessarily limited to: construction of new rolled and vertical curb, gutter and sidewalk improvements along J St and Sth St, installation of storm drainage improvements on Sth St, and microsurfacing with new signing and striping along both project frontages.

The work shall be completed within 50 working days following issuance of Notice to Proceed.

The Wark 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: $600, 000 ( Six- hundred thousand dollars and zero cents)

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, warkers compensation certification, and guaranty) and the Bid Documents submitted by Dirt Dynasty, Inc., on September 21, 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 140
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 wark, a written task order, or change arder 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 ofinsurance coverage described in Section 5. 2 ofthe 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 ar 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, ar 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 far 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 ofthis 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 ar negligent act or omission of City or any of its City Council members, officers, or employees.

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City ofits 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 141
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 ofthe 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 a11 tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractar' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractar' s Subcontractar 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 Labar Code Section 1771. 1( d). 142
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 ofthe Contract Price; ar( ii) to disburse any portion ofthe Contract Price to the Contractor.

The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors far 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/ labar performed.

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labar 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 recards, 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) sha11 be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
143
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. Ifthe requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision( a), including the street address, city, and county, and shall, within( 5) working days, provide a notice of a change of location and address.

In the event of noncompliance with the requirements of this Article, Contractor shall have ten( 10) days in which to comply subsequent to receipt ofwritten notice specifying in what respects Contractar 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 warker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.

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

10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
144
I 1. 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 payrnent is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor priar to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted ar 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) Contractar 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 ar 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, recards, 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 145
12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

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

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

14. Audits by Citv. 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 Contractar' 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
209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:

Phone:

Fax:

ATTN:
146

16. Miscellaneous.
l) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefare, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval ar 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 ofthe 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 ar to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
ll) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds ar 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.
147
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 ar 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, arders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractars and subcontractars 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 148
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 Ciry by the Contractor after City Council' s approval with resolution.
149
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATAROP
APPROVED AS TO FOR :

By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
150
EXHIBIT "
SECTION 00300
SIDEWALK INFILL AT J ST AND 5 ST INTERSECTION BID PROPOSAL FORMS CIP PS 23-09
SIDEWALK INFILL AT J ST AND 5TH ST INTERSECTION, CIP PS 23- 09

BID SCI EDULE
B

DESCRIPTION QUANTITY UNTI' S

T EXTENDED

ITEM PRICE TOTAL
1 Mobilization, Bonds& Inswance 1 LS p QOb 0 ( o i b00, 0 D 2 Traffic Control 1 LS Q!$ QU, OU . JO SDD, 00
Erosion and Sediment Control Plan
3 ESCP
1 LS 3 0. OC ( 3, 0 0 D. 0 D
4 Construction Staking 1 LS t, Q( Jd, d 0 1 1, D DD. 0 L 5 Clearing and Grubbing 1 LS 3 Q p(, Q D I 3 i D 0 0. 00 6 Remove existing Asphalt Pavement/
Concrete
10, 583 SF I,$( ( l, O q,{ Q
7 Rough Grading 1 LS ODU, OU 5,000- OZ?
8 Transition Fill Grading 1 LS I, 0 0 p. OQ I-( i 0 U U 00 9 Transport Excess Volume to Corp Yard 1 LS 5 0 0 C O 0 5,D 0 0. 0 0 10 Remove 10" Storm line/ Curb Inlet 1 LS g 0 6• 0 U y,$ UO U( 11 stall 12" Polypropylene Storm Drain
465 LF g' j, Q 0 1-(
Line I 3$, 00
12 Install Type 1 Curb inlet 5 EA 500. DO 2` 7, 5U0, 00 13 Construct PCC Vertical Curb and
355 LF
Gutter 10. 00 I l, 200. 00
14 Construct PCC Rolled Curb and Gutter 613 LF 1J/, p p 25,/33, 00 15 Construct PCC ADA Curb Ramps 4 EA 2 UQp, 00 S, D00, d( 16 Install Retaining Curb 8 LF 3d. L 0 2' 0, d0
17 Construct 6" Vertical Curb for Ramp 34 LF 3p, p t, OZD, D O 18 Construct PCC Sidewalk 4, 850 SF 2 , Q p 5g, Z Q p, C O 19 Reconstruct Residential Driveway on J
1 EA
St l 50, OD 0, 00
20 Transition Driveways at BOW 1, 107 SF l 2 • D 0 / 3, Z f, Qd 21 Asphalt Pavement 5" AC 304 TON 1 D, 0 D
E/, 5;( d0, Ob
22 Aggregate Base 9" AB Class II 924 TON D 0 3 ( 00, (
23 Install French Drain( 3' x5') 2 EA 500, 00 ` 1 D 0• d D 24 Place Microsurfacing 12, 989 SF p 23, 3gQ, 20
25 Relocate Mailbox 3 EA 50, 00 , U50, 00
00300- 2
151
SECTION 00300
SIDEWALK INFILL AT J ST AND STg ST INTERSECTION BID PROPOSAL FORMS CIP PS 23- 09
26 Relocate Signs 4 EA 25, p
1, DO. 00
27 Relocate Water Service 1 EA g, D00. DO 8, OOQ, DU
28 Remove Existing Thermoplastic
1 LS I! 500. OU ll, UD. 00 Markin and Stri in
T'hermoplastic Striping- 6" White Line
D. 50 8'. 50 29
Dia onal
5 LF
30 Thermoplasric Striping- 12" White Line 160 LF 2. O 2, OUO, 00 Thermoplastic Striping- Caltrans Std. 31
Pln. A20 Detai122
295 LF Q /, 32- 7. 50
32 Thermoplastic Striping- Caltrans Std.
495 LF 2 . I 0 >, b`. 50 Pln. A20, Detai139
33 Thermoplastic Striping- Caltrar s Std.
310 LF
Pln. A20, Detai139A 2 U 0 5/, D Ci
34 Thermoplastic Marking- BIKE LANE
lus Arrow
3 EA 2 1 O, d 0 0 3 0 D O
35 8 STOP, AHEAD Legends, Speed
Limit Pavement Markin s
E, d, QO - 1, 550.00
36 Insert Blue RPM @ Fire Hydrant 2 EA 1/,, n Q J2, ( p TOTAL BASE BID: 5$"
r
L/ 2" l, /
TOTaL sASE BID nv woxns: " r v N a 1., Q E r I a h f- To, s a c! . o v r ! un(-. c iwerlf l, n.e pa lla rs
R n c( C f s.
00300- 3
152
ITEM 4. 15

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED

CONDITIONS FOR STANFORD PLACE, SPARTAN WAY
AT CENTRAL PACIFIC, AND PHASE iD PARK

IMPROVEMENTS FROM LATHROP LAND

ACQUISITION, LLC, LOCATED WITHIN THE CLSP

AREA, AND APPROVE BUDGET AMENDMENT AND

CHANGE ORDERS FOR MAINTENANCE
RECOMMENDATION: Adopt Resolution Accepting Public Improvements with Associated Conditions for Stanford Place,
Spartan Way at Central Pacific, and Phase iD Park
Improvements from Lathrop Land Acquisition, LLC,
Located within the CLSP Area, and Approving Budget
Amendment and Change Orders for Maintenance
SUMMARY:

Lathrop Land Acquisition, LLC ( Saybrook), the developer for the Central Lathrop Specific Plan ( CLSP), has substantially completed the construction of Stanford Place, the Central Pacific Street and Spartan Way intersection, and the CLSP Phase 1- D Park as detailed in Table 1 below. The approximate value of the improvements proposed to be accepted is $ 5, 034, 201. 48, as shown in the GASB 34 Reports, included in Attachment ' C". These improvements were inspected by staff and deemed complete to City specifications, by the City Engineer with the exception noted below for Stanford Place. The developer provided a one- year warranty bond based on 10% of the construction costs, as well as lien releases for the improvements being accepted.

A Vicinity Map is included in Attachment B".

Due to delays associated with Pacific Gas & Electric ( PG& E) for the electrical and gas connections for Stanford Place, some portions of the construction are not complete.

Therefore, staff recommends Council accept the public improvements for Stanford Place contingent on the completion of the items listed in Attachment F".

Staff recommends City Council accept the completed improvements and approve budget amendments associated with landscape and light maintenance.

BACKGROUND:

On October 5, 2006, the City approved a Vesting Tentative Map ( VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land.
153
CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR STANFORD PLACE, SPARTAN WAY AT CENTRAL PACIFIC, AND PHASE 1D

PARK IMPROVEMENTS FROM LATHROP LAND ACQUISITION, LLC, LOCATED

WITHIN THE CLSP AREA, AND APPROVE BUDGET AMENDMENT AND CHANGE

ORDERS FOR MAINTENANCE
On February 14, 2022, City Council approved Tract 4105, establishing 271 singlefamily lots. As required by the City' s subdivision ordinance, the approved Tract 4105 included an SIA to guarantee specific public improvements associated with the final map. The construction of Phase 1D Park improvements is a requirement of the SIA for Tract 4105, and the work was completed under EP 22- 145.

On March 13, 2023, City Council approved PM 22- 09, establishing one commercial lot and one multi- family lot. As required by the City' s subdivision ordinance, the approved PM 22- 09 included an Offsite Improvement Agreement ( OIA) to guarantee specific public improvements associated with the Parcel Map. The construction of Stanford Place is a requirement of the OIA for PM 22- 09, and the work was completed under EP 23- 37.

The requirements for the construction of the Central Pacific Street and Spartan Way intersection are listed in the Letter of Requirements for Phase lA. Although the Letter of Requirements required a traffic signal, City staff, Lathrop Manteca Fire District, Lathrop Police, and the Manteca Unified School District stakeholders decided that a traffic signal is no longer needed, and the improvements listed in the GASB 34 Reports are sufficient. The work was completed under EP 23- 79.

Due to delays associated with PG& E for the electrical and gas connections for Stanford Place, some portions of the construction are not complete. Therefore, staff recommends Council accept the public improvements contingent on the completion of the items listed in Attachment' F". Council acceptance of improvements contingent on completion will accelerate the construction of the commercial area of CLSP by allowing Saybrook to sell the land to developers quickly.

Saybrook has substantially completed the Phase 1D Neighborhood Park improvements in accordance with the SIA for Tract 4105. The work was completed under EP 22- 145. The grass is still in its establishment period and will be maintained for 90 days by the Contractor after acceptance.

The securities for each of the improvements are detailed in Table 1 below. Upon acceptance of improvements by Council, these securities will be released except for the security for Stanford Place.

Table 1
Location
Permit Agreement Map or Project
gond No. Bond Value
No. Type Phase Name
Central Pacific
2023- 79
LOR
PAase
Street and Cash Deposit 500, 000
S artan Wa
154
CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR STANFORD PLACE, SPARTAN WAY AT CENTRAL PACIFIC, AND PHASE iD

PARK IMPROVEMENTS FROM LATHROP LAND ACQUISITION, LLC, LOCATED

WITHIN THE CLSP AREA, AND APPROVE BUDGET AMENDMENT AND CHANGE

ORDERS FOR MAINTENANCE
Location
Permit
Agreement
Map Project
gond No. Bond Value
No. Phase Name
EP
PM PB01987300010 $ 2, 774, 965
2023- OIA
22- 09 Stanford
3 Phase Place PB01987300010 $ 1, 387, 482. 50
1- E
EP
Tract
Phase 1- D
PB01987300009 $ 2, 162, 202. 50
2022- SIA
4105
Neighborhoo
145
Phase
d Park Pg01987300009 $ 1, 081, 101. 25
1- D
To guarantee the completion of the unfinished improvements for Stanford Place, Performance Bond No. PB01987300010 in the sum of $ 2, 774, 965. 00 and Labor & Materials No. PB01987300010 in the sum of $ 1, 387, 482. 50 will remain in place until the conditions listed in Attachment " F" are inspected by staff and deemed complete by the City Engineer. Upon completion the bonds will be released, and maintenance will begin.

Saybrook has provided one- year warranty bonds based on 10% of the construction cost, as well as a developer lien release and lien releases from the contractors. The warranty bonds are detailed in Table 2 below. Staff recommends the City Council accept the public improvements listed in the GASB 34 Report.

Table 2
Project Name Contractor Scope of Work
Bond Number
gond Value
Central Pacific
Teichert Intersection
Street and
Construction Improvement
070220395 39, 797. 30
Spartan Way
Phase 1- D Odyssey Landscape
Neighborhood Environmental
Improvements
CAC721850 $ 216, 220. 25
Park Services, Inc
REASON FOR RECOMMENDATION:

Staff has inspected the improvements listed in the GASB 34 Reports and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer with the exception noted below for Stanford Place.
155
CITY MANAGER' S REPORT PAGE 4
OCTOBER 9, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR STANFORD PLACE, SPARTAN WAY AT CENTRAL PACIFIC, AND PHASE 1D

PARK IMPROVEMENTS FROM LATHROP LAND ACQUISITION, LLC, LOCATED

WITHIN THE CLSP AREA, AND APPROVE BUDGET AMENDMENT AND CHANGE

ORDERS FOR MAINTENANCE
Construction of the public improvements for Stanford Place are substantially complete and have been inspected by City staff to ensure conformance with the approved plans, excluding the items listed in Attachment F".

Staff recommends City Council accept the completed Public Improvements listed in the GASB 34 Reports and accept the improvements for Stanford Place, contingent on the completion of items listed in Attachment " F". Saybrook has submitted lien releases and one- year maintenance bonds for the improvements being accepted with the exception of the improvements for Stanford Place.

FISCAL IMPACT:

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

The City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Report detail the $ 5, 034, 201. 48 expended, and the City' s maintenance costs will increase because of the additional improvements that have to be maintained.

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

However, with the rate of development and rise in inflation costs, staff is asking for a budget amendment to cover the cost of maintenance for the improvement proposed to be accepted.

Staff is requesting Council approve a budget amendment as follows:

Fiscal Year 2023- 2024
Increase Appropriation ( Trees & Landscapina)
2680- 50- 55- 420- 27- 00 33, 600
Increase Appropriation ( Street and Park Liqht Maintenance) 2680- 50- 55- 420- 31- 00 431
Fiscal Year 2024- 2025
Increase A propriation ( Trees & Landscaping
2680- 50- 55- 420- 27- 00 33, 600
Increase Appropriation ( Street and Park Light Maintenance) 2680- 50- 55- 420- 31- 00 453
Staff is also requesting City Council adopt resolution approving Contract Change Order ( CCO) No. 32 with Dave Silva, dba Silva Landscape ( Attachment " D") for the park maintenance service and CCO No. 8 with St. Francis Electric, LLC ( Attachment E") for the light maintenance service as outlined above. 156
CITY MANAGER' S REPORT PAGE 5
OCTOBER 9, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR STANFORD PLACE, SPARTAN WAY AT CENTRAL PACIFIC, AND PHASE 1D

PARK IMPROVEMENTS FROM LATHROP LAND ACQUISITION, LLC, LOCATED

WITHIN THE CLSP AREA, AND APPROVE BUDGET AMENDMENT AND CHANGE

ORDERS FOR MAINTENANCE
ATTAC H M E NTS:

A. Resolution Accepting Public Improvements with Associated Conditions for Stanford Place, Spartan Way at Central Pacific, and Phase 1D Park Improvements from Lathrop Land Acquisition, LLC, Located within the CLSP Area, and Approving Budget Amendment and Change Orders for Maintenance
B. Vicinity Maps
C. GASB 34 Reports - CLSP Public Improvements
D. Contract Change Order No. 32 with Dave Silva dba Silva Landscape E. Contract Change Order No. 8 with St. Francis Electric, LLC F. Conditions of Acceptance - Public Improvements for Stanford Place 157
CITY MANAGER' S REPORT PAGE 6
OCTOBER 9, 2023, CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR STANFORD PLACE, SPARTAN WAY AT CENTRAL PACIFIC, AND PHASE 1D

PARK IMPROVEMENTS FROM LATHROP LAND ACQUISITION, LLC, LOCATED

WITHIN THE CLSP AREA, AND APPROVE BUDGET AMENDMENT AND CHANGE

ORDERS FOR MAINTENANCE
APPROVALS:
2 / 23
Bellal Nabiza ah Date
Assistant Engineer
b
r ` .,,
Ken eed Date
Senior Construction Manager
b 2 ? c Z3
Brad T lor Date
City Engineer
o, c. o oZ I oz3
Cari James Date
Finance Director
b • Z • Zot3
Michael King Date
Assistant City Manager
fQ• L- tv t,3
Salvador Navarrete Date
City Attorney
lo-µ•L3
Ste en J. Salvatore Date
City Manager
158
RESOLUTION NO. 23-

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

PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR STANFORD PLACE, SPARTAN WAY AT CENTRAL PACIFIC, AND PHASE iD PARK

IMPROVEMENTS FROM LATHROP LAND ACQUISITION, LLC, LOCATED

WITHIN THE CLSP AREA, AND APPROVING BUDGET AMENDMENT AND

CHANGE ORDERS FOR MAINTENANCE
WHEREAS, on October 5, 2006, the City approved a Vesting Tentative Map VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land; and
WHEREAS, on February 14, 2022, City Council approved Tract 4105, establishing 271 single- family lots. As required by the City' s subdivision ordinance, the approved Tract 4105 included a Subdivision Improvement Agreement ( SIA) to guarantee specific public improvements associated with the final map. The construction of Phase 1D Park improvements is a requirement of the SIA for Tract 4105, and the work was completed under Encroachment Permit No. 2022- 145 ( EP 22- 145); and
WHEREAS, on March 13, 2023, City Council approved Parcel Map 22- 09 ( PM 22- 09), establishing one commercial lot and one multi- family lot. As required by the City' s subdivision ordinance, the approved PM 22- 09 included an Offsite Improvement Agreement ( OIA) to guarantee specific public improvements associated with the Parcel Map. The construction of Stanford Place is a requirement of the OIA for PM 22- 09, and the work was completed under Encroachment Permit No. 2023- 37 ( EP 23- 37); and
WHEREAS, the requirements for the construction of the Central Pacific Street and Spartan Way intersection are listed in the Letter of Requirements for Phase 1A.

Although the Letter of Requirements required a traffic signal, City staff, Lathrop Manteca Fire District, Lathrop Police, and the Manteca Unified School District stakeholders decided that a traffic signal is no longer needed, and the improvements listed in the GASB 34 Reports are sufficient. The work was completed under Encroachment Permit No. 2023- 79 ( EP 23- 79); and
WHEREAS, due to delays associated with PG& E for the electrical and gas connections for Stanford Place, some portions of the construction are not complete.

Therefore, staff recommends Council accept the public improvements contingent on the completion of the items listed in Attachment" F" of the City Manager' s Report that accompanied this Resolution. Council acceptance of improvements contingent on completion will accelerate the construction of the commercial area of CLSP by allowing Saybrook to sell the land to developers quickly; and 159
WHEREAS, Saybrook has substantially completed the Phase 1D Neighborhood Park improvements in accordance with the SIA for Tract 4105. The work was completed under EP 22- 145. The grass is still in its establishment period and will be maintained for 90 days by the Contractor after acceptance; and WHEREAS, the securities for each of the improvements are detailed in Table 1 below. Upon acceptance of improvements by Council, these securities will be released except for the security for Stanford Place
Table 1
Encroachment Map or
Location/
Permit No.

Agreement
phase
Project Bond No. Bond Value
Name
Central
Phase
Pacific
EP 2023- 79 LOR
lA
Street and Cash Deposit 500, 000
Spartan
Wa
PM 22- PB01987300010 2 774 965
EP 2023- 37 OIA
09 Stanford
Phase Place PB01987300010 1, 387, 482. 50
1- E
Tract
phase 1- D PB01987300009 2, 162, 202. 50
EP 2022- 145 SIA
4105
Neighborho
Phase
od Park PB01987300009 1, 081, 101. 25
1- D
and
WHEREAS, to guarantee the completion of the unfinished improvements for Stanford Place, Performance Bond No. PB01987300010 in the sum of $ 2, 774, 965. 00 and Labor & Materials No. PB01987300010 in the sum of $ 1, 387, 482. 50 will remain in place until the conditions listed in Attachment " F" of the City Manager' s Report that accompanied this Resolution are inspected by staff and deemed complete by the City Engineer. Upon completion the bonds will be released, and maintenance will begin; and
WHEREAS, Lathrop Land Acquisition, LLC ( Saybrook) has provided one- year warranty bonds based on 10% of the construction cost, as well as a developer lien release and lien releases from the contractors. The warranty bonds are detailed in Table 2 below. Staff recommends the City Council accept the public improvements listed in the GASB 34 Report
Table 2
Project Name Contractor Scope of Work
Bond Number
gond Value
Central Pacific
Teichert Intersection
Street and 070220395 39, 797. 30
Spartan Way
Construction Improvement
160
Phase 1- D Odyssey Landscape
Neighborhood Environmental
Improvements
CAC721850 $ 216, 220. 25
Park Services, Inc
and
WHEREAS, staff has inspected the improvements listed in the GASB 34 Reports and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer with the exception noted below for Stanford Place; and
WHEREAS, construction of the public improvements for Stanford Place are substantially complete and have been inspected by City staff to ensure conformance with the approved plans, excluding the items listed in Attachment " F" of the City Manager' s Report that accompanies this Resolution; and WHEREAS, staff recommends City Council accept the completed Public Improvements listed in the GASB 34 Reports and accept the improvements for Stanford Place contingent on the completion of items listed in Attachment " F" of the City Manager' s Report that accompanied this Resolution; and WHEREAS, Saybrook has submitted lien releases and one- year maintenance bonds for the improvements being accepted with the exception of the improvements for Stanford Place; and
WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs; and
WHEREAS, the initial budget for CFD 2019- 02 for CLSP was planned for gradual development. However, with the rate of development and rise in inflation cost, staff request approval of a budget amendment to cover the cost of maintenance for the improvement proposed to be accepted; and
WHEREAS, staff is requesting Council to approve a budget amendment as follows:

Fiscal Year 2023- 2024
Increase A propriation ( Trees & Landscaping
2680- 50- 55- 420- 27- 00 33, 600
Increase A propriation ( Street and Park Light Maintenance 2680- 50- 55- 420- 31- 00 431
Fiscal Year 2024- 2025
Increase A propriation ( Trees & Landscaping
2680- 50- 55- 420- 27- 00 33, 600
161
Increase Appropriation Street and Park Light Maintenance) 2680- 50- 55- 420- 31- 00 453
and
WHEREAS, staff is also requesting City Council adopt resolution approving Contract Change Order ( CCO) No. 32 with Dave Silva, dba Silva Landscape Attachment ' D") for the park maintenance service and CCO No. 8 with St. Francis Electric, LLC ( Attachment E") for the light maintenance service as outlined above.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements from Lathrop Land Acquisition, LLC associated with EP 23- 79, EP 22- 145, listed in the GASB 34 Report included in Attachment " C" to the City Manager' s Report that accompanies this Resolution, and SIA for Tract 4105; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby conditionally accept the public improvements from Lathrop Land Acquisition, LLC associated with EP 23- 37 and OIA for PM 22- 09 contingent on the items listed in attachment F" to the City Manager' s Report that accompanies this Resolution; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the budget amendment as detailed above; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve Contract Change Order No. 32 with David Silva, dba Silva Landscape for park maintenance services and Contract Change Order No. 8 with St. Francis Electric, LLC for the light maintenance service.
162
PASSED AND ADOPTED by the City Council of the City of Lathrop this 9th day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 163

ATTACHMENT
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9/26/2023
ty of Lathrop TT 1(' HMENT
r 1: Project Acceptance
GASB 34 Report)
Submitted By: MacKay& Somps- Jeff Matson Date: 09/ 17/ 2023 Projed: Tract 4105- Spartan Way Intersection
Address: Intersection of Spartan Way and Central Pacific SOF7 COSTS Unit Price Amount
1 Inspection Fees( City of Lathrop) 25, 424. 50 25, 424. 50 2 Landscape Design( Gates) 17, 700. 00 17, 700•00
3 Street Light Design( Power Systems Design 6roup) 4, 750. 00 4,750.00 4 Civil Engineering( Mackay& Somps) 59, 659. 86 59, 659. 86 5 Construction Staking( Mackay& Somps) 822. 00 822. 00
Subtotal: 108, 356. 36
Item Description Unit Qty Unit Price Amount
A Demo
1 Demo Concrete& Asphalt/ LT LS 1 36,250.00 36,250.00
Subtotal: 36,250.00
B Fine Grad, Rock and Pave
1 3" AC/ 4" AB/ 10" LTB SF 1, 423 18. 25 25,969. 75
2 Signing& Striping LS 1 5z0,500. 00 20,500.00
3 Tra c Control LS 1 44, 000• 00 44,000.00
4 Slurry Seal SF 14, 465 52. 60 37,609.00
5 Adjust Survey Monument to Grade EA 1 1, 700. 00 1, 700. 00 SubtotaI: 5129, 778. 75
C Concrete Work
1 Vertical Curb LF 624 55. 00 34, 320. 00
2 Curb& Gutter LF 13 58. 00 754.00
3 Depressed Curb& Flush Curb LF 131 55. 00 7, 205. 00
4 Median Concrete SF 946 22. 00 20,812. 00
Subtotal: 63, 091. 00
D Miscellaneous
1 Relocate Electrolier EA 3 6, 675. 00 20,025. 00
2 Landscape& Irrigation SF 7828 14. 65 114, 680. 20
3 Erosion Control LS 1 6, 000. 00 6, 000. 00
4 Adjust Water Valve to Grade EA 1 750. 00 750. 00
5 Backfill Planters SF 7528 3. 50 27, 398. 00
Subtotal: 168, 853. 20
Hard Cost Subtotal 397, 972. 95
Softcost Total 5108, 356. 36
Total 506, 329. 31
S: PWK\ I- OID\ S ifRepons\ ZO? 3\ I O-( ktUccept CISP V uious[ q+rovemrnts` Crnvsl Pacific Spubn W. y ImprovmKnn\ Tract 4105 Spertno Wey Inleixcnon- GASB34- 2023- 09- 19. xlax 170
9/ 26/ 2023
Cky of Lathrop
Project Acceptance
GASB 34 Report)
Submitted By: MacKay& Somps- leff Matson Date: 09/ 17/ 2023 Project: Stanford Place Widen( ng
Addreu: Stanford Place- East of Golden Valley Parkway
SOFT CO5T5 Unit Price Amount
1 Inspection fees( City of Wthrop) 63,319. 50 63, 319. 50 2 Stanford Place loint Trench( Smith Denison) 333, 794. 00 333, 794. 00 3 Stanford Place Construdion( Teichert) 1, 616,849. 35 $ 1, 616,849. 35 4 Civil Engineering( Mackay& Somps) 71,881. 79 571, 881. 79 5 Construction Staking( Mackay& Somps) 32, 963. 64 32, 963. 64 6 EnvironmenWl Testing& Observation Services( Engeo) 56,284. 39 56,284.39 Subtotal: 2, 175, 092. 67
Smith Denison
Item DescrloHon. Unit . .. ON lJnk Price Amount
A Trench and Backfill
1 36" x63" s/ w 81" paved LF 527 45.00 23, 715. 00
2 36" x55" s/ w 61" paved LF 202 45. 00 9,090.00
3 18" x45" s/ w 45" paved lF 120 19. 2, 280. 00
4 24" z52" s/ w 58" paved LF 15 22•00 330. 00
5 18" x31" s/ w 37" paved LF 54 19. 00 1,026.00
6 18" x31" s/ w 37" paved LF 37 19. 00 703. 00
7 18" z22" s/ w 40" paved LF 125 19. 00 2, 375. 00
8 Gas Bell Hole 6' z6' EA 1 5, 880.00 55, 880. 00
9 Gas Purge Points EA 3 1, 070.00 3, 230. 00
Subtotal: 37, 144. 00
B Vaults/ Sptice Boxes( Excavate Only)
1 Pri. 8ox 4' 6" z8' 6" x6' 0" IVT EA 1 1, 656.00 1, 656. 00 2 Sec. Box 17z30x18 Poly Conc EA 1 167.00 167.00
3 3' 0" z5' 0" PTS3660 EA 2 1, 027.00 2,054.00
4 24" z36" B40 EA 2 152. 00 304. 00
5 PMI- 9TT 74" x76" Polymer Pad EA 2 695.00 1, 390. 00
6 36" x52" Conc. Pad EA 1 693.00 693. 00
Subtotal: 56, 264. 00
c vau u/ spiice soxes( supply aod Ustau)
1 Pri. Box 4'6" x8' 6" z6' 0" IVT EA 1 16, 624. 00 16, 624. 00 2 Sec. Box 17x30x18 Poly Conc EA 1 51, 195. 00 51, 195. 00 3 30" x48" PTS- 3660 EA 2 7, 030. 00 14, 060. 00
4 CAN 24x36 EA 2 1, 545.00 3, 090. 00
Subtotal: 34, 969. 00
D Conduk
1 2" PG& E LF 35 19. 00 665. 00
2 3" PG& E LF 12 22. 00 264. 00
3 4" PG& E LF 1022 14. 00 14, 308. 00
4 6" PG& E LF 1293 24, 00 31, 032. 00
5 4" AT& T LF 1833 11. 00 20, 163. 00
6 2" CAN LF 3037 6.00 18, 222. 00
S. N WK\ I-0LD SI ff Reports 20'_ 7\ IOOcnAcccpl CISP Venauv L mvcments Sun( md P6u Tr c14105 Smfwd Plsa Wideniog- GASB31- 2011-09- 19. xlsx 171
9/ 26/ 2023
nnm Descriotbn Unit Otv lJnk Price Amount
A Trench and Backfill
Subtotal: 94. 654. 00
E Gas System
1 Pipe, 4" IPS, PE 2708, SDR 11. 5, 40" Sticks LF 638 18. 80 11, 994.40 2 Pipe, 2" IPS, PE 2708, SDR 11, 500' Col LF 89 14. 40 1, 281. 60 3 6' x6' Bell Hole( See above) EA 1 0.00 0.00
4 locating Wire, AWG# 10 Copper Wire, Yeilow HMWPE( Inc) LS 757 50. 00 50. 00 5 Tape, Warning, 6" Wide x 5000'( Irx) LF 727 0.00
6 Locate& Mark Gas System{ PG& E Requirement)( Inc) LS 1 0.00 0.00 7 ETS Boxes EA 3 5577. 00 1, 731. 00
Subtotal: 515, 007. 00
F Ekc[ ric System
1 Pad. Trensf. 36" z52" EA 1 3, 209. 00 3, 209. 00
2 Box Pad. Polymer, 74" z76" EA 2 9, 767. 00 519, 534. 00 Subtotal: 22, 743. 00
G Primary/ Secondary Cabk
1 Wire, li2 AWG Solid SD Copper( Supply)( Included) LF 70 0.00 0.00 2 Wire, if2 AWG Solid SD Copper( Install) 1ncluded) LF 70 0.00 0•00 3 Splicing& Terminations( By others) LS 0 0. 00 0.00
Subtotal: 0.00
H LighUng System
1 LUMACS55- 72W32LEDAK- G3- LE3W EA 10 11, 015.00 5110, 150. 00 2 3- 1/ 2 Splice Box EA 12 5762. 00 9, 144. 00
3 3- 1/ 2 Splice Box w/ Ground Rod and Fuse Kit EA 0 0. 00 0.00 4 3- 1/ 2 Splice Bou w/ Ground Fuse Kit Pole EA 0 0. 00 0.00 5 1- 1/ 2" Conduit w/ 3- N8 Cu. Wire 3W) LF 0 0. 00 0.00 6 1- 1/ 2" Conduit w/ 2- N8 Cu. Wire& Grd.( 3WG) LF 0 0. 00 0.00 7 1- 1/ 2" Conduit w/ 3- p8 Cu. Wire& Grd.( 4WG) LF 0 0. 00 50.00 8 1- 1/ 2" Conduit Stub LF 690 6. 00 4, 140.00
9 Street Light Wire LF 1545 6. 20 9, 579. 00
Subtotal: 133, 013. 00
Smith Denison Subtotal 5333, 794. 00
Teichert
Item Descripdon Unit Qty UnR Prfce Amount
A Demolltion LS 1 42, 000. 00 42, 000. 00
Subtotal: 42, 000.00
B Grading/ Street Sec[ lons
1 Greding LS 1 32,500.00 32, 500. 00
2 5" AC/ 4" AB Sf 51, 779 4. 70 243, 361. 30
3 Geogrid NX750 SF 57, 553 0. 85 48, 920. 05
4 Adjust Existing SDMH Fremes EA 3 51, 325. 00 53, 975. 00 5 Slurry Sealintersection SF 16, 000 2. 14 34, 240.00
6 Striping& Signs LS 1 30,500. 00 30, 500. 00
Subtotal: 393, 4% 35
C Concrete
1 Curb and Gutter LF 2, 113 28. 00 59, 164. 00
2 Sidewalk SF 20, 460 6. 75 5138, 105. 00
3 Driveway EA 2 59, 500. 19, 000. 00
4 Handicap Ramp EA 4 1, 300. 00 5, 200. 00
Subtotal: 221, 469. 00
S: PWK\ I- 0LD\SI tFRcpo ta120'_ 3\ IO- 0cNkcep CLSPVenouslmprrn emen iSwf dPlau\ T ut4105SunfardPlaaWidening- GASB31- 2033- 09- 19. xlsz 172
9/ 26/ 2023
nwm Descriotion Unit Otv Unk Price Amount
A Trench and Backflll
D Sankary Sewer
1 8" Sewer LF 1245 164. 00 204, 180. 00
2 6" Sewer Stub EA 6 4,500. 00 27, 000• 00
3 SSMH EA 5 10,000.00 50, 000.00
4 Drop SSMH EA 1 512, 000.00 512, 000. 00
5 SewerTirin EA 1 8, 500. 00 58, 500.00
Subtotal: 301, 680. 00
E Storm Drain
1 15" Storm Drain Extensions LF 18 200• 00 3, 600. 00
2 SD Catch Basins EA 3 4,800. 00 514, 400• 00
Subtotal: 518. 000. 00
E Domestic Water
1 S" Water LF 1416 135. 00 191, 160.00
2 8" Water Stub EA 2 4,500.00 9. 000• 00
3 4" WaterStub EA 3 4, 000. 00 512, 000. 00
4 8" Gate Valve EA 6 3, 200. 00 19,Z00.00
5 4" Gate Valve EA 3 2, 800. 00 8,400. 00
6 Hydrent EA 4 14, 400.00 57, 600. 00
7 Blow Offs EA 5 1, 100. 00 5, 500.00
S 2" WaterService EA 2 9, 500.00 19,000.00
9 Connect to Existing Water EA 1 9, 500.00 9, 500• 00
Subtotal: 331, 360. 00
E Raw Water
1 6" Raw Water LF 155 436.00 67, 580.00
2 4" Raw Water LF 50 63. 00 3, 150. 00
3 6" Gate Valve EA 1 2, 300.00 2, 300. 00
4 RW Hydrent EA 1 14, 400.00 14, 400. 00
5 Blow Off- RW EA 1 1, 100. 00 51, 100. 00
6 ConnectToExisting- RW EA 1 8, 500.00 8,500.00
Subtotal: 97, 030. 00
E Dewatering
1 Dewatering EA 1200 5157. 00 188, 400. 00
Subtotal: 188, 400. 00
E Office Treiler
1 Office Treiler( Double Wide w/ Bathroom) MO 5 2, 500.00 12, 500. 00 Subtotal: 512, 500. 00
E 7eichert Change Order
1 Pacific Ezcavation Conduit Work LS i 10, 200. 00 10, 200. 00 2 Teichert 7% Mark Up 0.07 10200 714. 00
Subiotal: 10,914. 00
Teichert Subtotal 51, 616, 849. 35
Softcost Total 5224, 449. 32
Total $ 2, 175, 092. 67
S: PWKVO[. D S4flRcports` 3023\ 70- 0cr, Accry CLSP Vrtiws hnp av<mentiSwfad PbalTnct 4I05 Stwfard Pl a Widening- GASB71- NR3-09- 19. xlsx 173
vnenozs
City of Lathrop
ProJect Aaeptance
GA58 34 Report)
Submkted By: MacRay iSomps- Jeff Metson Date: 09/ 17/ 2023 Projec[: Tnct 4105- NeighboA ood Park ImprovemeMs
Address: Tnct 4105- Neighborhood iD in the Central LeMrop Spedik Plan 5pF7CpST5 UnkPrice Amount
1 InspectionFees CityofWthrop) 114, 799.50 $ 114, 799. 50 2 Cvil Engineering( Mackay& Somps) 7, 314. 00 7, 314. 00 3 Construc[ io Staking( Mackay& Somps) 510, 773.50 10, 773. 50 4 Design( Gates) 57, 690. 00 57, 690. 00
wb:mai: Si9o,sn.00
Item Dettriptbn Unk Qty Unk Price Amount
A Park Conshuctio
1 Irrigation LS 1 306, 152. 00 $ 306, 352. 00
2 Irriga[ ionAudit EA 1 6, 100. 00 6, 100. 00
3 Landuape LS 1 5212, 055. 00 5212,055.00
4 RootBarriers Lf 1, 056 513. 60 14, 361. 60
5 Steel Edging LF 300 19. 65 5,895. 00
6 Oumor443- 82BronzePicnicTable EA 5 10, 327. 00 51, 635. 00 7 Oumor 443- 558- 1 Bronze ADA Picnic Table EA 1 9, 153. 00 9, 153. 00 8 OutdoM Creation 300A BBQ EA 2 1, 822. 00 3, 644. 00
9 10145SM Drinking Fountain w/ Pet Bowl Green EA 1 510, 486. 00 30, 486. 00 10 Dumor 292 Bronze Bike Rack EA 4 5687. 00 2, 748• 00
11 Dumor 15732SH- FTO Trash Receptacle EA 4 3, 686. 00 14, 744. 00 12 Dumor 157- 00- RC Bronze Recycling Rxeptacle SF 4 53, 415. 00 13,660. 00 13 DOGI- P0T003L Dog Waste Station SF 1 775. 00 775. 00 14 PlyomMricSteps SET 1 SSD, 060. 00 510,060.00
15 5-Shaped lump Bar EA 1 10, 526. 00 10, 526. 00
16 Exercise Bench EA 1 59, 825. 00 9, 825. 00
17 Re ycleWaterSignage EA 11 303. 00 3, 333. 00
18 Concrete Mowband 6" x6" w/ q3 Rebar LF 161 35. 65 5, 739. 65 19 Shade Structure LS i 206, 663. 00 206, 663. 00
20 Windmiil LS 1 573, 275. 00 73, 275. 00
21 2- 5& 5- 12 Play Structures LS 1 238, 630. 00 238, 610. 00 22 Safety5urface SF 5, 900 28. 00 165, 200. 00
23 Split Rail Fence LF 264 317. 30 30, 967. 20
24 8' Chain ink Fencing LF 350 5150. 85 52, 797. 50
25 FutsalCourtSurfacing SF 7, 428 2. 65 19, 684. 20
26 FutsalCourtGoals EA 2 3, 540. 00 7, 080. 00
27 90) Day Maintenance MONTHS 3 55, 000. 00 15, 000. 00 28 Flatwork/ Sidewalks 6" SF 14, 243 15. 65 222, 902. 95 29 Flatwork- Futsal Court 6" J4" AB SF 7, 388 20. 95 154, 778. 60 30 12' SDSanitite LF 395 101. 20 19, 734. 00
31 Drainagelnlet( Park) EA 2 56, 785. 00 13, 570. 00
32 12z6x16 Split 2 Side Sea[ Walls w/ Caps LF 282 454. 40 128, 140. 80 33 Trenth& Backfill LF 991 528.75 28, 491. 25
34 MS PuIlSplice Cox( Excavate, Supply& Install) EA 2 920. 00 1,& 40. 00 35 9" Round Splice Box( Exwvate, Supply& Install) EA 11 673. 00 7, 403. 00 36 1" SCH40 Conduit& W ire LF 991 ll15 17, 094. 75
37 KAD LED Post Top Light EA 2 7, 631. 00 15, 262. 00
38 KBDB LED Bollard Light EA 9 2, 875. 00 25, 875. 00
39 Final Connection of Booster Pump EA 1 3, 000. 00 3, 000. 00 40 Water Meter( For Drinking Fountain Only) LS 1 2, 500. 00 2, 500. 00 41 Bond Costs LS 1 21, 441. 00 521,441.00
Subtotal: 2. 362. 202. 50
Hard Cmt Subtotal 52, 162, 202. 50
Sohcost Total 5190, 577. 00
Total S2, 352, 779. 50
5: PWIC. 1- 0IDSu9' Rcpnv_ 013 10{ ktAmp fLSP' naun I wo mmu(' LSP PMe 1- 0Pat, Tm I05 NeijM1bulmd ID Pvt GASB31 30? 3U? 19. a1¢ 174

ATTACHMENT
CHANGE ORDER NO. 32
Monthly Fee— Central Lathrop Phase 1D City of Lathrop
CONTRACT CHANGE ORDER NO. 32
MONTHLY FEE— Central Lathrop 1D Park
Contractor: David Silva DBA Silva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date October 9, 2023
Contract Execution Date: September 1, 2017
Notice to Proceed Date: August 29, 2017
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 David Silva DBA Silva Landscape dated September 1, 2017.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S) TO CONTRACT
Monthly Fee— Central Lathrop 1D Park 2, 800/ mo.

MONTHLY FEE COST FROM CHANGE ORDER NO. 32( MONTHLY FEE) 2, 800/ mo.

ORIGINAL CONTRACT AMOUNT( MONTHLY FEE) 57, 214.00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 ( MONTHLY FEE) 13, 900. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5 ( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 8( MONTHLY FEE) 1, 850. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11 ( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14( MONTHLY FEE) 3, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15 ( MONTHLY FEE) 8, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25 ( MONTHLY FEE) 250. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 26( MONTHLY FEE) 825. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 27 ( MONTHLY FEE) 625. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 28( MONTHLY FEE) 675. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 29( MONTHLY FEE) 450. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 30( MONTHLY FEE) 3, 725. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 31 ( MONTHLY FEE) 9, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 32 ( MONTHLY FEE) 2, 800. 00 TOTAL REVISED MONTHLY CONTRACT AMOUNT 105, 689. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2( ONE TIME FEE) 14, 989. 00 175
CHANGE ORDER NO. 32
Monthly Fee— Central Lathrop Phase 1D City of Lathrop
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3 ( ONE TIME FEE) 22, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4( ONE TIME FEE) 3, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6( ONE TIME FEE) 11, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7 ( ONE TIME FEE) 1, 780. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9 ( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10( ONE TIME FEE) 950. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12( ONE TIME FEE) 3, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17( ONE TIME FEE) 2, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18( ONE TIME FEE) 1, 650. 00 TOTAI ADDITIONAL COST FROM CHANGE ORDER NO. 19( ONE TIME FEE) 2,400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21 ( ONE TIME FEE) 1, 300. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 24( ONE TIME FEE) 4, 500. 00 TOTAL ONE- TIME ADDITIONS TO CONTRACT AMOUNT 78, 900. 00

END OF CHANGESJ

DESCRIPTION OF WORK
See Sec. II. ADDITION( S) TO CONTRACT. The contractor will provide all labor, material, equipment and perform all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as Notice to Proceed is received, and run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 31. 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.

EXHIBITS
A: Proposal # 2046 from Silva Landscape

END OF SECTION)
176
CHANGE ORDER NO. 32
Monthly Fee— Central Lathrop Phase 1D City of Lathrop
Approved As
To Form: Z' V'
Salvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By:

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

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

David Silva dba Silva Landscape Date
Print Name and Title
177
EXHIBIT"
Silva Landscape
Po Box 607
Patterson, CA 95363 US
925) 413- 3192
david. si lvalandscape@gmail. com
S 1 LVA

LANDSCAPE
Estimate
ADDRESS ESTIIvIATE# 2046
City of Lathrop DATE 09/ 15/ 2023
390 Towne Centre Drive
Lathrop, CA 95330
AREA
D- I Park( in CLSP)

SERVICES AMOUNT
Monthly Maintenance to follow City of Lathrop specs 2, 800. 00 Approved by TOTAL 2$ Q. O
Accepted By Accepted Date
178

ATTACHMENT
CHANGE ORDER NO. 8 L' "
Electrical Traffic Control Devices and Lighting
Maintenance Services City of Lathrop
CONTRACT CHANGE ORDER NO. 8
Electrical Traffic Control Devices and Liqhtinq Maintenance Services — Central Lathrop 1 D Park Liqhts and Stanford Place Street Liqhts Contractor: St. Francis Electric, LLC
Address: 975 Carden Street
San Leandro, CA 94577
Change Order Date: October 9, 2023
Notice to Proceed Date: June 8, 2020
Contract Execution Date: June 8, 2020
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
a. 11 - Central Lathrop Phase 1- D Park Lights
b. 10 - Stanford Place Street Lights
Pursuant to the provisions of the original Contract Specifications and Schedule "A1" attached as Exhibit A, you are hereby directed to make the herein described changes to the contract rates within the terms of the agreement between the City of Lathrop and St. Francis Electric, LLC dated June 8, 2020.

I. CHANGES IN THE SPECIFICATIONS
NONE.

II. CHANGES TO CONTRACT
NO. DESCRIPTION QTY UNIT
UNIT
TOTAL
PRICE
Routine Maintenance Annual Cost— City 11 EA $ 20. 51 225. 61 Facilit Li htin Fixtures
2 Routine Maintenance Annual Cost— Street
10 EA $ 20. 51 205. 10
Li hts
SUBTOTAL 430. 71
COST OF CHANGE ORDER NO. 1 ( ONE- TIME FEE) 25, 595.00
COST OF CHANGE ORDER NO. 2 ( ONE- TIME FEE) 34, 240. 00 COST OF CHANGE ORDER NO. 3 ( ONE- TIME FEE) 1, 600. 00
COST OF CHANGE ORDER NO. 4 ( ONE- TIME FEE) 12, 615. 00 COST OF CHANGE ORDER NO. 7 ( ONE- TIME FEE) 72, 778. 27 TOTAL REVISED ONE- TIME ADDITIONS TO CONTRACT AMOUNT 146, 828. 27 ORIGINAL ANNUAL CONTRACT AMOUNT 62, 420. 00
REVISED ANNUAL CONTRACT AMOUNT AFTER CHANGE ORDER NO. 5 $ 72, 302. 37 REVISED ANNUAL CONTRACT AMOUNT AFTER CHANGE ORDER NO. 6 $ 75, 917. 49 REVISED ANNUAL CONTRACT AMOUNT AFTER CHANGE ORDER NO. 8 $ 76, 348. 20

END OF CHANGES)
179
CHANGE ORDER NO. 8
Electrical Traffic Control Devices and Lighting
Maintenance Services City of Lathrop

TIME OF COMPLETION
The work is to begin as soon as Notice to Proceed is received, and run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be perFormed, up to and including Contract Change Order No. 7.

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

EXHIBITS
A: Schedule " A1"— Flatrate Maintenance Schedule FY 23- 24

END OF SECTION)
180
CHANGE ORDER NO. 8
Electrical Traffic Control Devices and Lighting
Maintenance Services City of Lathrop
Approved As
To Form: Z'" Z
Salvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By:

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

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

St. Francis Electric, LLC Date
Print Name and Title
181

EXHIBIT A
FY 23/ 24 RATE REVISION FOR 5% INCREASE
SCHEDULE " A1" — FLAT RATE MAINTENANCE SCHEDULE
Proposal Description Annual Unit Unit Price Totai
Item No. Quantity Annual
Amount
I. Routine Maintenance: Traffic Per
Signal System, including Safety 23
Intersection $
1, 058. 40 24, 343. 20
Lights and Internally Illuminated Per Year
Street Name Signs
II. Routine Maintenance: Street
2 082
Per Location $

20. 51 42, 694. 53
Light System Per Year
I11. Routine Maintenance: City Per Light
Facilities Lighting Fixtures 97 Fixture Per $ 20. 51 1, 989. 13 Year
IV. Underground Service Alert—
50„
Per USA
137. 81 6,890. 63
USA: ( Dig Alert Service) ticket
Total Proposal Items ( I, II, III, and IV) per
year ( written and numerical value), Base
Proposal:

There are approximately 50 USAs perFormed each year. If more than 50 USAs are required within a contract term, the listed USA unit price will be charged for each USA performed ( in excess of 50 USAs). 182
City of
Public Works Department 390 Towne Centre Dr. - Lathrop, CA 95330 Phone ( 209) 941- 7430- fax ( 209) 941- 7449
www.ci.lathrop.ca.us
Attachment F
Conditions of Acceptance of Public Improvements for Stanford Place The following improvement plans, documents, and action items are required prior to acceptance by City Engineer:

Cul- de- Sac barricade at eastern end of Stanford Place Gas tie- in at the intersection of Golden Valley Parkway and Stanford Place
Electrical connection at the intersection of Spartan Way and Stanford Crossing
Warranty Bond in the amount of 10% of the GASB 34 Report for Stanford Place
Developer Lien Release for work done in Stanford Place
Contractor Lien Release for work done in Stanford Place Mylar as- built set for improvements completed at Stanford Place 183
184
ITEM 4. 16

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PK 24- 26, EAGLE' S LANDING PARK,
APPROVE REIMBURSEMENT AGREEMENT WITH D. R.

HORTON, AND APPROVE A RELATED BUDGET

AMENDMENT FOR NEIGHBORHOOD PARK WITHIN
TRACT 4151
RECOMMENDATION: Adopt Resolution Creating CIP PK 24- 26, Eagle' s Landing Park, Approving Reimbursement Agreement
with D. R. Horton, and Approving a Related Budget
Amendment for Neighborhood Park Within Tract
4151
SUMMARY:

D. R. Horton BAY, Inc. ( DRH), the developer for the Eagle' s Landing Neighborhood Tract 4151), is required to construct a neighborhood park for Tract 4151 ( Park) pursuant to the Subdivision Improvement Agreement ( SIA) for Tract 4151 and the Mossdale Landing South Land Use Plan.

The City' s General Plan mandates a specific park area based on the number of anticipated residents added by the project. However, the designated park size in the Mossdale Landing South Land Use Plan is notably larger than the park size required for this specific developer project.

Since the size of the park is significantly larger than required of the developer, DRH initially suggested limiting the Park amenities to offset the disproportional park area and reduce the cost to be more in line with the required park area. To maintain City park design standards, including amenities such as concrete paths, irrigated turf, rubberized play surfaces, and to maintain aesthetics considering the park' s visibility from the future Golden Valley Parkway, staff recommends that Council approve CIP PK 24- 26, a Reimbursement Agreement and a budget amendment to reimburse costs in excess of DRH' s fair share up to $ 1, 250, 000 to be funded from the Culture & Leisure Neighborhood Park Capital Facility Fee fund.

BACKGROUND:

On October 14, 2022, City Council approved the Vesting Tentative Map 22- 100 ( VTM22- 100) to create 85 residential lots and 3. 5 acres of park on 19. 98 acres of land.

On June 6, 2023, the Community Development Director made a finding of substantial conformance for VTM- 22- 100, which increased the lot count from 85 to 95, reduced the park size by one ( 1) acre, and extended the " Street B" by approximately 120 feet.
185
CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 24- 26, EAGLE' S LANDING PARK, APPROVE REIMBURSEMENT

AGREEMENT WITH DR HORTON, AND APPROVE A RELATED BUDGET
AMENDMENT FOR NEIGHBORHOOD PARK WITHIN TRACT 4151
On August 14, 2023, City Council approved the Final Map for Tract 4151, establishing 95 single- family lots. Pursuant to the Lathrop Municipal Code Chapter 16. 16, all final maps must include a SIA to guarantee specific offsite and onsite improvements. The construction of the Park improvements is a requirement of the SIA for Tract 4151 and the work is to be complete under an encroachment permit since the Park land was dedicated to the City with the 4151 Final Map.

The Mossdale Landing South Land Use Plan designates a park area that far exceeds DRH' s project requirement outlined in the City' s General Plan. Given the variance in park area and cost considerations, DRH has proposed to construct the entire park with minimal features to mitigate additional costs. However, the City' s preference is to adhere to its established park design standards. These standards encompass essential amenities such as irrigated turf, rubberized play surfaces, enriched play structures, and thematic elements that mirror Lathrop' s characteristic park offerings.

Given the park' s visibility from the future Golden Valley Parkway, a vital gateway to the River Islands Project and the Mossdale Area, prioritizing aesthetics is imperative.

DRH has offered to construct the Park pursuant to City standards if the City agrees to reimburse DRH for the cost beyond their responsibility.

Therefore, staff requests Council create CIP PK 24- 26, designated as Eagle' s Landing Park, and approve a reimbursement agreement and a budget amendment transferring $ 1, 250, 000 from the Culture & Leisure Capital Facility Fee to fund the excess costs of the proposed park enhancements.

A reimbursement agreement is necessary to clarify the conditions and expectations of potential reimbursement. Therefore, staff also requests Council approve the proposed Reimbursement Agreement ( Attachment B") which authorizes reimbursements to DRH for expenses incurred in excess $ 1, 233, 854. 61, but not to exceed a reimbursement amount of $ 1, 250, 000. City shall reimburse DRH portion of the total cost as outlined in Attachment B upon completion of the Park to City Specification, dedication of such improvements to the City with lien releases and warranty bond, and City Council acceptance of the dedicated improvements.

DRH will provide a cost estimate for the Park and secure an encroachment permit.

DRH will also provide the City a performance bond for the amount of 120% of the estimate. DRH will pay the entire costs of the Park to the contractors and provide proof of payment. City staff would then inspect the work, and if deemed complete by the City engineer and built to the current City' s standards, request a warranty bond and lien releases from DRH. Upon receipt of the warranty bond and lien releases, staff will return to Council to request Council' s acceptance of the subject public improvements and authorize distribution of the reimbursement. 186
CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 24- 26, EAGLE' S LANDING PARK, APPROVE REIMBURSEMENT

AGREEMENT WITH DR HORTON, AND APPROVE A RELATED BUDGET
AMENDMENT FOR NEIGHBORHOOD PARK WITHIN TRACT 4151
REASON FOR RECOMMENDATION:

The City standards for parks prioritize key features like irrigated turf, rubberized play areas, enhanced play structures, and thematic elements that reflect Lathrop' s typical park offerings. This emphasis on aesthetics is crucial due to the park' s visibility from the future Golden Valley Parkway, a significant gateway to the River Islands Project and the Mossdale Area. Therefore, staff is requesting Council approve reimbursement for the amount beyond what DRH is required to pay to improve the Park.

FISCAL IMPACT:

Staff also requests City Council approve a budget amendment transferring 1, 250, 000 from the Culture & Leisure Capital Facility Fee ( 2260) to the CIP Project Fund ( 3010) as follows:

Increase Transfer Out
2260- 9900- 990- 90- 10 1, 250, 000
Increase Transfer In
3010- 9900- 393- 00- 00 PK 24- 26 1, 250, 000
Increase Expense
3010- 8000- 440- 50- 00 PK 24- 26 1, 250, 000
ATTACH M ENTS:

A. Resolution Creating CIP PK 24- 26, Eagle' s Landing Park, Approving Reimbursement Agreement with D. R. Horton and Budget Amendment B. Public Park Reimbursement Agreement with D. R. Horton BAY, Inc.

C. Project Location Map - CIP PK 24- 26, Eagle' s Landing Park 187
CITY MANAGER' S REPORT PAGE 4
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 24- 26, EAGLE' S LANDING PARK, APPROVE REIMBURSEMENT

AGREEMENT WITH DR HORTON, AND APPROVE A RELATED BUDGET
AMENDMENT FOR NEIGHBORHOOD PARK WITHIN TRACT 4151

APPROVALS
l2' 2 i
Bellal Nabizadah Date
Assistant Engineer
l/ 28/ 2023
Brad T ylor Date
City Engineer
L vrt C 9lZg? dZ4
Cari James Date
Finance Director
28• 2oZ3
Michael King Date
Assistant City Mana er
Z - zoZ3
Salvador Navarrete Date
City Attorney
D- • 23
Step en J. Salvatore Date
City Manager
188
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP PK 24- 26, EAGLE' S LANDING PARK, APPROVING PUBLIC PARK REIMBURSEMENT AGREEMENT WITH D. R. HORTON BAY, INC. AND

APPROVING A RELATED BUDGET AMENDMENT FOR NEIGHBORHOOD PARK WITHIN TRACT 4151
WHEREAS, on October 14, 2022, City Council approved the Vesting Tentative Map 22- 100 ( VTM- 22- 100) to create 85 residential lots and 3. 5 acres of park on 19. 98 acres of land; and
WHEREAS, on June 6, 2023, the Community Development Director made a finding of substantial conformance for VTM- 22- 100, which increased the lot count from 85 to 95, reduced the park size by one ( 1) acre, and extended the " Street B" by approximately 120 feet; and
WHEREAS, on August 14, 2023, City Council approved the D. R. Horton BAY, Inc. ( DRH) Final Map for Tract 4151, establishing 95 single- family lots. Pursuant to the Lathrop Municipal Code Chapter 16. 16, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements; and
WHEREAS, the construction of the Neighborhood Park for Tract 4151 ( Park) improvements is a requirement of the SIA for Tract 4151 and the work is to be complete under an encroachment permit; and
WHEREAS, the Mossdale Landing South Land Use Plan designates a park area that far exceeds the requirement outlined in the City' s General Plan for DRH' s project; and
WHEREAS, given the variance in park area and cost considerations, DRH has proposed constructing the entire park with minimal features to mitigate additional costs, however, the City' preference is to adhere to its established park design standards; and
WHEREAS, these standards encompass essential amenities such as irrigated turf, rubberized play surfaces, enriched play structures, and thematic elements that mirror Lathrop' s characteristic park offerings. Given the park' s visibility from the future Golden Valley Parkway, a vital gateway to the River Islands Project and the Mossdale Area, prioritizing aesthetics is imperative; and WHEREAS, DRH has offered to construct the Park pursuant to City standards if the City will reimburse DRH for the cost beyond their responsibility; and WHEREAS, staff requests Council create CIP PK 24- 26, designated as Eagle' s Landing Park; and
189
WHEREAS, Staff also requests City Council approve a budget amendment transferring $ 1, 250, 000 from the Culture & Leisure Capital Facility Fee ( 2260) to the CIP Project Fund ( 3010) as follows:

Increase Transfer Out
2260- 9900- 990- 90- 10 1, 250, 000
Increase Transfer In
3010- 9900- 393- 00- 00 PK 24- 26 1, 250, 000
Increase Expense
3010- 8000- 440- 50- 00 PK 24- 26 1, 250, 000
and
WHEREAS, staff further requests City Council approve the proposed Reimbursement Agreement with D. R. Horton BAY, Inc. for a cost to the City not to exceed $ 1, 250, 000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby creates Capital Improvement Project ( CIP) PK 24- 36, Eagle' s Landing Park; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 1, 250, 000 from the Culture & Leisure Capital Facility Fee ( 2260) to the CIP Project Fund ( 3010) as detailed above; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves the proposed Reimbursement Agreement with D. R. Horton BAY, Inc. to reimburse D. R. Horton BAY, Inc. up to $ 1, 250, 000 upon Council acceptance of a fully improved 2. 5 acre park as specified therein.
190
PASSED AND ADOPTED by the City Council of the City of Lathrop this 9th day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 191

ATTACHMENI'
3 ..

CITY OF LATHROP
PUBLIC PARK REIMBURSEMENT AGREEMENT WITH D. R. HORTON
BAY, INC. FOR CAPITAL IMPROVEMENT PROJECT ( CIP) PK 24- 26

EAGLE' S LANDING PARK
This Public Park Reimbursement Agreement Relating to CIP PK 24- 26, Eagle' s Landing Park (" Agreement") is made and entered into this 9th day of October, 2023 (" Effective Date") by and between the City of Lathrop, a municipal corporation of the State of California (" City"), and D. R. Horton Bay, Inc. (" Developer"). City and Developer may be collectively referred to herein as the " Parties" or individually as a" Party".

RECITALS
A. Lathrop Municipal Code ( LMC) 3. 22 provides a mechanism to reimburse developers for certain public improvements as detailed therein.

B. The " Project," as referenced in this Ageement, consists of constructing a neighbarhood park for Tract 4151 pursuant to the subdivision improvements agreement ( SIA) for Tract 4151, as show in Exhibit A.

C. The City's General Plan mandates a specific park area based on the number of residents, and the designated park size in the Mossdale Landing South Land Use Plan is notably larger.

D. Developer initially proposed limited park amenities to offset the disproportional park area and reduce the cost to be more relevant with the required park area. To maintain City park design standards, including amenities such as concrete paths, irrigated turf, rubberized play surfaces, and to maintain aesthetics given the park' s visibility from the future Golden Valley Parkway, City Council approved CIP PK 24- 26 and this Agreement to fund up to $ 1, 250, 000 from the Culture & Leisure Capital Facility Fee for the additional amenities.

E. Developer will pay expenses for the Project and is entitled to a partial reimbursement from the City of Lathrop (" Reimbursement"). The purpose of this Agreement is to detail the mechanisms for the payment of Reimbursement to Developer only for those public improvements detailed in the approved plans for Encroachment Permit ( E. P.) 2023- 132.

F. Upon completion ofthe Project, the City agrees to pay a portion of the total Project expenses paid by Developer, with Reimbursement not to exceed $ 1, 250,000, as detailed in Section 2 of this Agreement.

NOW, THEREFORE, for good and valuable consideration, City and Developer agee as follows:
1 192

AGREEMENT
l. Recitals. The recitals set forth above are true and correct and made a part of this Agreement.

2. City and Developer Obli ations.
a) Cit li at ions:
i) City shall accept the subject public improvements from the Developer following Developer' s satisfaction of all obligations as listed in Section 2( b) of this Agreement.
ii) City shall reimburse Developer for a portion of the total Project cost not to exceed $ 1, 250, 000 following City' s acceptance of the public improvements contemplated by this Agreement.
b) Developer Obli at
i) Developer has submitted Project plans and specifications to the City pursuant to LMC 3. 22.O10E as part of its application for E.P 2023- 132. ii) Developer has provided a Performance Bond and Certificate of Insurance required by E. P. 2023- 132
iii) Developer will complete all construction of the Project in compliance with the approved plans for E. P. 2023- 132.
iv) Developer shall provide reasonable documentation of the actual costs incurred ( which may include, among others, unconditional lien releases, invoices, proof of payment, conformance with all applicable laws including but not limited to state requirements for prevailing wage and certified payroll, confirmation on letterhead from relevant contractar( s)/ subcontractar( s) of payment, and/ or any other reasonable documentation similar in detail and content as has been previously provided to City); City shal l then have the right, but not the obligation, to reasonably review and audit said documentation, to the extent it determines reasonably appropriate, with any such audit being completed within thirty ( 30) days. No later than thirty ( 30) days of either ( a) the receipt of said documentation, or ( b) the completion of any audit.
v) Developer shall pay all costs required to complete improvements. After completion of Subsection ( iv) of Section 2b of this Agreement, City shall reimburse expenses incurred in excess of$ 1, 233, 854. 61, but not to exceed a reimbursement amount of$ 1, 250, 000.
2 193

3. Reimbursement.
a) Timin of Reimbursement.
i) Timing of Reimbursement to Developer shall occur within a reasonable time after City Engineer' s approval of the work pursuant to LMC

3. 22. 010 and acceptance of the public improvements detailed in the approved plans for E.P. 2023- 132 by City Council pursuant to LMC

16. 16. 160. City is under no obligation to accept or reimburse for partial completion of public improvements. City shall deliver such Reimbursement to the address set forth in Section 10 below.

4. Term of Agreement; Termination.
a) This Agreement shall commence on the Effective Date and shall terminate on the sooner of(i) one year after the date of execution or (ii) when Developer has received Reimbursement.

5. Indemnification. Developer 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 Developer or its Contractors, or which results from Developer' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from conduct in the performance of or failure to perform the terms and conditions ofthis Agreement, except as may arise from the sole willful or negligent act or omission ofCity 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 wark performed by Developer under this Ageement at any time during the term of this Agreement, or arising thereafter.

6. Governing Law. This Agreement shall be governed by the laws of the State of California.

7. BindinE
ffect. This Agreement is for the benefit of and shall be binding upon both Parties and their respective successors, heirs, executors, administrators, permitted assigns and successors in interest.

8. Assi nment. Not Applicable.

9. Notices. For purposes of this Agreement, " notice" means any notice, demand, request, or other communication to be provided under this Agreement. All notices shall be in writing and shall be sent to the below addresses or at such other addresses as either Party may later specify for that purpose. All notices required or permitted under this Agreement shall be 3 194
personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid or by a nationally recognized overnight courier, such as FedEx or UPS, with charges prepaid for next business day delivery, addressed to the Parties as follows:

If to City: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
Email: website cco(a ci. lathrop. ca. us
With a concurrent copy to: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: Salvadar Navarrete, City Attorney
Email: [email protected]
If to Developer: D. R. Horton BAY, Inc.
3000 Executive Parkway, Suite 100
San Ramon, CA 94588
Attn: Michael Mandell
Email: MDMandell( c, drhorton. com
The date of any notice shall be the date of receipt, provided that rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice sent. Either Party may change its address for notice by giving notice to the other Party in accordance with this Section 9.

10. Payrnents to Developer. All payments due to Developer hereunder shall be sent to the following address or at such other address( or wiring instructions) as Developer shall from time to time specify in writing to City:

D. R. Horton BAY, Inc.
3000 Executive Parkway, Suite 100
San Ramon, CA 94588
Attn: Michael Mandell

11. Amendments. Any modifications to this Agreement shall be in writing and signed by authorized representatives ofboth Parties.

12. Attornev' s Fees and Venue. In the event of a dispute arising under this Agreement between the Parties, the prevailing Party shall be entitled to an award against the other Party of reasonable and actual attorney' s fees and costs incurred in connection with the dispute. The venue for any litigation shall be in San Joaquin County, California.

13. Cumulative Rights; Waiver. The failure by either Party to exercise, or delay in exercising any rights under this Agreement, shall not be construed or deemed a waiver thereof, nor shall any single or partial exercise by either Party preclude any other or future exercise thereof or the exercise of any other right. Any waiver of any provision or any waiver of any breach of any 4 195
provision of this Agreement must be in writing, and any waiver by either Party of any breach of any provision of this Agreement shall not operate as or be construed as a waiver of any other breach of that provision or of any breach of any other provision of this Agreement.

14. Severabilitv. If any provision of this Agreement is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be deemed to be severed or deleted from this Agreement and the balance of this Agreement shall remain in full force and effect notwithstanding such invalidity, illegality or unenforceability.

15. Headings. All headings herein are inserted only for convenience and ease of reference and are not considered in the construction or interpretation of any provision of this Agreement.

16. Signin Authoritv. The individuals signing this Agreement represent and agree that they have full and actual authority to bind their respective Parties to this Agreement.

17. Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding its subject. This Agreement supersede all proposals, aral and written, and all negotiations, conversations or discussions heretofore and between the Parties related to the subject matter of this Agreement.

18. No Third- Partv Beneficiaries. There are no intended third- party beneficiaries of any right or obligation assumed by the Parties. In particular, and without limitation, no merchant builder or other purchaser of land from Developer shall have any right to enforce this Agreement.

19. Minor Modifications. Not applicable.

20. Counter arts; Electronic Si
tures. This Agreement may be signed in
counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. Signatures may be given by facsimile, emailed PDF, or other electronic means with the same force and effect as signed, wet originals.

Signatures to follow on next page]
5 196
IN WITNESS WHEREOF, City and Developer have executed this Ageement as of the Effective Date.

CITY:

CITY OF LATHROP,
A California municipal corporation
By:

Stephen J. Salvatore
City Manager
ATTEST:

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

Teresa Vargas, City Clerk

APPROVED AS TO FORM BY THE CITY OF
LATHROP CITY ATTORNEY:

By:

Sa vador Navarrete
City Attorney
DEVELOPER:

D.R. Horton Bay, Inc.
a Delaware Corporation
By:

Chris Zaballos Date
Vice President
6 197

EXHIBIT A

DEPICTION OF PROJECT SITE
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VICINITY MAP

NOT TO SCALE

KIER- WRIGHT J
3350 Scott Boulevard, Building 22 Phone: ( 408) 727- 6665 Santa Clara, California 95054 www. kierwright. com
199
200
ITEM 4. 17

CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RESCIND PREVIOUS APPROVAL AND APPROVE
MODIFIED FINAL MAP FOR TRACT 4131 VILLAGE
KK" AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR 75 LOTS WITHIN OLD RIVER

DISTRICT OF RIVER ISLANDS
RECOMMENDATION: Adopt Resolution Rescinding Previous Approval and Approving Modified Final Map for Tract 4131 Village
KK" within the Old River District, Totaling 75 MultiFamily Lots, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC
SU M MARY:

The proposed Final Map for Tract 4131 was modified from the previous version that was approved by Council on July 11, 2022 to accommodate an attached accessory dwelling unit for each lot. Van Daele Homes is proposing seventy- five ( 75) 50' x 68' multi- family lots and each lot will include a primary and a secondary dwelling unit. A Vicinity Map is included as Attachment " B".

Staff recommends that the City Council rescind the previous approval of the Final Map for Tract 4131 and approve the proposed modified Final Map Tract 4131, Village KK" ( Final Map), and a Subdivision Improvement Agreement ( SIA), included as Attachment " C", with River Islands Stage 2B, LLC ( hereinafter referred to as " River Islands"), by Resolution included as Attachment A".

BACKGROUND:

The City of Lathrop City Council approved Vesting Tentative Map ( VTM) 6716 on June 14, 2021. On August 4, 2021, Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the Old River District, known as Stage 2B, within Phase 2 of the project. The land for the proposed Final Map is within the geographic boundaries of VTM 6716 and Stage 2B.

On July 11, 2022, Council approved the previous version of the Final Map for Tract 4131. However, the map was never recorded at the request of River Islands due to the previous homebuilder deciding to not purchase develop the site. Van Daele Homes is now proposing to modify the lots within Tract 4131 to accommodate both a primary and secondary dwelling unit. River Islands and staff request Council rescind its previous approval of the Final Map for Tract 4131 and approve the modified Final Map.

As required by the Lathrop Municipal Code Chapter 16. 16, all final maps must include a SIA to guarantee specific offsite and onsite improvements. The total cost of the 201
CITY MANAGER' S REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

RESCIND PREVIOUS APPROVAL AND APPROVE MODIFIED FINAL MAP FOR TRACT 4131 VILLAGE KK", AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR 75 LOTS WITHIN OLD RIVER DISTRICT OF RIVER

ISLAN DS
improvements for Tract 4131 is $ 1, 183, 000, however, a large percentage of the improvements have already been constructed and therefore do not need to be guaranteed. Performance and labor & material securities have been provided with the SIA for Tract 4131 that guarantee the unfinished improvements in the amount of:

Unfinished Im rovement Total: 202, 900
Performance Security ( Provided with Previous Approval) 223, 190 Bond No. 0799673
Labor & Materials Security ( Provided with Previous Approval) $ 111, 595 Bond No. 0799673
Acceptance of the public improvements will be processed by staff for council consideration at a later date and when the unfinished improvements are completed.

Prior to acceptance, River Islands will be required to provide a one ( 1) year warranty bond.

Pursuant to Resolution 23- 5259 dated April 10, 2023 Tract 4131 is within the boundaries of City of Lathrop Community Facilities District ( CFD) 2023- 1 and therefore does not need to be annexed. However, Tract 4131 will need to be annexed into the Island Reclamation District ( RD) 2062 and River Islands Public Financing Authority ( RIPFA) CFDs for maintenance purposes. Annexation into CFDs administered by RD 2062 and RIPFA is required as part of the escrow instructions prior to recording of the final map.

As a precondition to record the Final Map, River Islands must satisfy the Escrow Instructions, included as Attachment" D", by depositing necessary sums to guarantee the payment of all fees and providing required documents.

REASON FOR RECOMMENDATION:

River Islands will fulfill all of the requirements of the Lathrop Municipal Code Chapter

16. 16 as listed below prior to recordation of map:

Documents Status

1. Final Map ready for signature Completed

2. Subdivision Improvement Agreement Completed

3. Performance Security - Uncompleted Landscaping and
Received
Miscellaneous Im rovements

4. Labor and Materials Security - Uncompleted Landscaping Received and Miscellaneous Im rovements

5. Street Improvement, Landscape, Light & Joint Trench Completed 202
CITY MANAGER' S REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

RESCIND PREVIOUS APPROVAL AND APPROVE MODIFIED FINAL MAP FOR TRACT 4131 VILLAGE KK", AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR 75 LOTS WITHIN OLD RIVER DISTRICT OF RIVER

ISLANDS

6. Geotechnical Report Completed

7. Agreement for Backbone Improvements and Parks
Agreement for Dedication, Inspection and Guarantee Completed of Streets and Public Im rovements

8. Approval of 3 d Amendment to Development
Agreement that guarantees creation of CFD for City
Maintenance and Shortfalls, and Guarantee of Completed
Developer CFDs for Developer/ other public agency
Maintenance

9. Allocation of Water and Sewer capacity Completed

10. Recommendation for approval from Stewart Tract
Completed
Desi n Review Committee

11. Submitted Certificate of Insurance, Tax Letter Completed

12. Submitted Preliminary Guarantee of Title Completed

13. Escrow Instructions Completed
Fees Status

1. Final Map plan check fee Paid

2. Improvement Plans - Plan check and inspection fees Paid

3. Sierra Club Settlement fee
To be paid in
escrow
FISCAL IMPACT:

There is no fiscal impact to the City as all costs are covered by development fees and any shortfalls in the City' s maintenance and operating costs are covered by the CFDs.

ATTACH M ENTS:

A. Resolution Rescinding Previous Approval and Approving Modified Final Map for Tract 4131 Village " KK" within the Old River District, Totaling 75 Multi- Family Lots, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC
B. Vicinity Map - Tract 4131 Village KK"
C. Subdivision Improvement Agreement between the City of Lathrop and River Islands Stage 2B, LLC, a Delaware limited liability company, for Tract 4131, Village ' KK"
D. Escrow Instructions for Final Map Tract 4131 Village " KK" E. Final Map - Tract 4131 Village " KK"
203
CITY MANAGER' S REPORT PAGE 4
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING

RESCIND PREVIOUS APPROVAL ANDAPPROVEMODIFIED FINAL MAP FOR TRACT 4131 VILLAGE KK", AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR 75 LOTS WITHIN OLD RIVER DISTRICT OF RIVER

ISLANDS

APPROVALS
zb/ 23
Bellal Nabizadah Date
Assistant Engineer
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Brad aylor Date
City Engineer
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Cari James Date
Finance Director
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
a'`' 23
Stephen Salvatore Date
City Manager
204
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

RESCINDING PREVIOUS APPROVAL AND APPROVING MODIFIED FINAL MAP FOR TRACT 4131 VILLAGE KK" WITHIN THE OLD RIVER DISTRICT, TOTALING 75 MULTI- FAMILY LOTS, AND SUBDIVISION IMPROVEMENT AGREEMENT WITH RIVER ISLANDS STAGE 2B, LLC
WHEREAS, the City of Lathrop City Council approved Vesting Tentative Map VTM) 6716 on June 14, 2021; and
WHEREAS, on August 4, 2021, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the Old River District, known as Stage 2B, within Phase 2 of the project; and
WHEREAS, the land for the proposed modified Final Map for Tract 4131 ' KK" Tract 4131) is within the geographic boundaries of VTM 6716 and Stage 2B; and WHEREAS, on July 11, 2022, Council approved the previous version of the Final Map for Tract 4131. However, the map was never recorded at the request of River Islands due to the previous homebuilder deciding to not purchase or develop the site. Van Daele Homes is now proposing to modify the lots within Tract 4131 to accommodate both a primary and secondary dwelling unit. River Islands and staff request council rescind its previous approval of Final Map and approve the modified Final Map; and
WHEREAS, as required by the Lathrop Municipal Code Chapter 16. 16, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements; and
WHEREAS, River Islands Stage 2B, LLC ( hereinafter referred to as " River Islands") provided performance and labor & material with the SIA for Tract 4131 that guarantee the unfinished improvements in the amount as follows:

Unfinished Im rovement Total: 202, 900
Performance Security ( Provided with Previous Approval): 223, 190 Bond No. 0799673
Labor & Materials Security ( Provided with Previous Approval): $ 111, 595 Bond No. 0799673
and
WHEREAS, potential acceptance of the public improvements will be processed by staff for council consideration at a later date and when the unfinished improvements are completed and prior to acceptance, River Islands will be required to provide a one ( 1) year warranty bond; and
205
WHEREAS, pursuant to Resolution 23- 5259 dated April 10, 2023 Tract 4131 is within the boundaries of City of Lathrop Community Facilities District ( CFD) 2023- 1 and therefore does not need to be annexed. However, Tract 4131 will need to be annexed into the Island Reclamation District ( RD) 2062 and River Islands Public Financing Authority ( RIPFA) CFDs for maintenance purposes. Annexation into CFDs administered by RD 2062 and RIPFA is required as part of the escrow instructions prior to recording of the final map; and
WHEREAS, River Islands must satisfy the Escrow Instructions, included as Attachment D" to the City Manager' s Report, by depositing necessary payments of all fees and required security to guarantee execution of the documents related to the SIA.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop hereby approves the following actions:

1. Rescind previous approval of Final Map dated July 11, 2022 for Tract 4131.

2. The modified Final Map for Tract 4131, as attached to the October 9, 2023 staff report, and is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office.

3. Subdivision Improvement Agreement with River Islands Stage 26, LLC, in substantially the form as attached to the October 9, 2023 staff report and authorize the City Manager to execute.
206
PASSED AND ADOPTED by the City Council of the City of Lathrop this 9tn day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 207

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208

ATTACHMENT

SUBDIVISION IMPROVEMENT AGREEMENT

BY AND BETWEEN THE CITY OF LATHROP AND
RIVER ISLANDS STAGE 2B, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR TRACT 4131 VILLAGE " KK" 75 RESIDENTIAL LOTS

RECITALS
A. This Agreement is made and entered into this 9th day of October 2023, by and between the CITY OF LATHROP, a municipal corporation ofthe State ofCalifornia( hereinafter" CITY") and River Islands Stage 2B, LLC, a Delaware limited liability company, ( hereinafter SUBDIVIDER"). This Agreement supersedes the previous Tract 4131 Subdivision Improvement Agreement that was approved by City Council on July 11, 2022.

B. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and the CITY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make dedications and improve Tract 4131 Stage 2B Village " KK" Tract 4131). However, SUBDIVIDER has completed a significant portion ofpublic infrastructure improvements associated with Tract 4131 located within the Old River District of River Islands Phase 2, which also includes major streets necessary to access the site. Performance and Labor & Material securities have been provided by SUBDIVIDER that guarantee the unfinished improvements for Tract 4131, in the amount shown in Section 8 of this Ageement.

C. SUBDIVIDER has completed a portion of the joint trench improvements for Tract 4131 and as noted in Recital B, security shall be required for the unfinished portion of these improvements, along with other required infrastructure associated with Tract 413 L Improvement plans, and street light plans have already been approved by the City. The street, sidewalk, underground utility, storm drainage, streetlight and joint trench improvements ( hereinafter Improvements") are substantially completed and minor improvements not yet constructed as part of the required infrastructure for Tract 4131 are required security as outlined in this Agreement is required.

NOW THEREFORE in consideration of CITY' S pending approval and acceptance ofthe Improvements upon their satisfactory completion, and in consideration of SUBDIVIDER' S construction of Improvements in strict accordance with the terms of this Agreement, all applicable laws, statutes, ordinances, rules and regulations currently in force and effect in CITY, the terms and conditions of which are incorporated herein by this reference, the parties hereto mutually covenant and agree as follows:
209
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4131 Village" KK"

1. SUBDIVIDER shall complete construction of, or cause construction to be completed at its sole cost and expense, the Improvements for all of the lots within the Old River neighborhood, to the limits identified in Exhibit " A", including the public landscaping, streetlight and joint trench improvements. A Vicinity Map is included as Exhibit" B".

All improvements shall be constructed to the satisfaction and approval of the City Engineer, in a good and workmanlike manner in accordance with the above referenced improvement plans and specifications, the improvement standards and specifications of the CITY' S Department of Public Works, the applicable Ordinances of the City of Lathrop and the California Subdivision Map Act.

2. SUBDNIDER shall complete the Improvements, including all deferred and unfinished improvements, prior to occupancy of the last home constructed in Tract 4131 that is conveyed to a private interest not associated with the transfer of title of Tract 4131 associated with the filing of Tract 4131 ( homebuilder), prior to the completion and occupancy of the last production dwelling unit associated with Tract 4131, or October 9, 2023, whichever comes first. Such occupancy shall be documented by CITY in the form of a Certificate of Occupancy or Final Building Permit.

3. CITY, or its agent( s), shall, at any time during the progress ofthe Improvements, have free access thereto, and shall be allowed to examine the same and all material to be used therein. If the Improvements or any part thereof are not completed in strict compliance with the standards set forth in Paragraph 1 above, CITY may refuse to accept and may reject the defective Improvements and/ or materials therein.

4. SUBDIVIDER shall secure the services of skilled personnel necessary to construct the Improvements. CITY is not skilled in these matters and relies upon the skill of the SUBDIVIDER to ensure that the construction of the Improvements is in the most skillful and durable manner.

5. CITY' S acceptance of the Improvements does not operate as a release of SUBDIVIDER from any guarantee hereunder.

6. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any defects in work or labor done, and from any defects in materials furnished. Further, SUBDIVIDER shall repair and maintain the Improvements in good condition and in accordance with CITY specifications far one 1) year after CITY' S acceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with the City Engineer a Warranty Bond in the amount of$ l 18, 300, equal to 10% of the estimated cost of the Improvements for the Tract 4131 entire area ($ 1, 183, 000) as included in the Engineer' s estimate attached to this Agreement as Exhibit " D", to insure SUBDIVIDER' S repair and warranty of the Improvements in accordance with the terms of this Agreement. The Warranty Bond shall be released at the end of the one year guarantee period, provided there are no claims against it are then outstanding.

7. If SUBDIVIDER, in whole or in part, abandons the Improvements, or unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement, or fails to repair. 210
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4131 Village" KK"
Replace or reconstruct any defects, as set forth in Paragraph 6 above, CITY may, but is not required to, proceed to complete and/ or repair, replace, or reconstruct the Improvements, either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement, or reconstruction incurred by CITY.

Once action is taken by CITY to complete, repair, replace and/ or reconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work.

The CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security (including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) therefore is insufficient to pay such amounts. All administrative costs, including reasonable attorney' s fees pursuant to Government Code Section 66499.4, incurred by the CITY, in addition to the costs ofthe improvements shall be a proper charge against the security and SUBDIVIDER. In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.

8. Because the Improvements are not entirely complete, the SUBDIVIDER is required to only post Performance or Labor & Materials bonds to guarantee the unfinished improvements associated with Tract 4131 as included and described in Exhibit " D" of this Agreement.

Performance and Labor & Material securities have been provided in the amount shown in Table 1 below. SUBDIVIDER shall also comply with CITY' S insurance requirements set forth on Exhibit C" attached hereto and incorporated herein.

Table 1 — Bond Values
Unfinished Im rovement Total: 202, 900
Performance Bond Bond No. 0799673 : 223, 190
Labor& Materials Bond Bond No. 0799673 : 111, 595

9. Any alteration( s) made to the plans and specifications, which are a part of this Agreement, or any provision ofthis Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part thereof. The above referenced sureties hereby consent to such alterations and waive the provisions ofCalifornia Civil Code Section 2819.

10. Neither the CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ar SUBDIVIDER' S agents, contractors or subcontractors for any error or omission arising out of or in connection with any wark to be performed under this Ageement.

11. Neither the CITY nor any of its officers, employees, or agents, shall be liable to the SUBDIVIDER or to any person, entity, or organization, for any injury or damage that may result to any person or property by or from any cause in, on, or about the subdivision of all or any part 211
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4131 Village" KK"
of the land covered by this Ageement.

12. SUBDIVIDER hereby agees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, " Indemnitees"), harmless from any liability for damage or claims which may arise from SUBDIVIDER and/ or SUBDIVIDER' S contractors, subcontractors, agents, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any SUBDNIDER contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDIVIDER' S contractors or subcontractors. SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, or legal proceedings or any type that may be brought or instituted against CITY and indemnities on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CITY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER' S performance or non-performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, contractors, representatives, servants or employees. The promises and Ageement to indemnify and hold harmless set forth in this section is not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this work or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not, and shall not; waive any rights against SUBDIVIDER which it may have by reason ofthe aforesaid hold harmless agreement, because of the acceptance by CITY of any deposit with CITY by SUBDNIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision.

13. Neither SUBDIVIDER nor any of SUBDIVIDER' S agents, contractors or subcontractors are, ar shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement.

14. Prior to acceptance of the Improvements by the City Council, the SUBDIVIDER shall be solely responsible for maintaining the quality of the Improvements, and maintaining safety at the project site. The SUBDIVIDER' S obligation to provide the Improvements shall not be satisfied until after the City Engineer has made a written determination that all obligations ofthe Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Improvements as complete. The CITY and SUBDIVIDER have formed Community Facilities Districts to finance maintenance and improvements. The CITY expects to preserve the ability to use future special taxes of the CFD for payment of the cost of acquisition of the Improvements, which may require that acceptance of improvements by CITY be subject to the provisions of an acquisition agreement to be entered into by the CITY and SUBDNIDER providing that CITY expects to be paid or reimbursed acquisition costs through future CFD special taxes. SUBDIVIDER shall cooperate to facilitate such method of acquisition.

15. SUBDIVIDER shall pay service fees for the utility services from the time the Improvements are accepted by the CITY to the end of the fiscal year, or up to a one( 1) year period, whichever is needed to ensure an opportunity for the Improvements to be included in the next fiscal year annual assessment.
212
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4131 Village" KK"

16. SUBDIVIDER shall be responsible to sweep streets within the subdivision every two weeks as directed by the City Engineer, on all streets where lots are occupied and all streets providing access to occupied lots until the Improvements are accepted by the CITY.

17. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY.

If such consent is given, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDIVIDER, and any heirs, successors, executors, administrators and assignees of the SUBDIVIDER and shall be jointly and severally liable hereunder.

18. The SUBDIVIDER shall, at the SUBDNIDER' S expense, obtain and maintain all necessary permits and licenses for construction of the Improvements. Prior to the commencement of Improvement construction, the SUBDIVIDER shall obtain a City of Lathrop Business License.

The SUBDIVIDER shall comply with all local, state and federal laws, whether or not said laws are expressly stated in this Agreement.

19. This Agreement and any amendments hereto comprise the entire understanding and agreement between the parties regarding the improvements to be constructed and dedications for Tract 4131.

20. The following miscellaneous provisions are applicable to this Agreement:
a. 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. b. Definitions. The definitions and terms are as defined in this Agreement. c. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
d. Headings. The paragraph headings are not a part ofthis Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. e. Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement.

Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. g. 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.
213
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4131 Village" KK"
h. 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 ofthe parties.
i. Time of the Essence. Time is of the essence of this Agreement and each of its provisions.

In the calculation oftime 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 ar any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day. j. Venue. In the event either party brings that suit hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joayuin.

ATTACHMENTS:

EXHIBIT A FINAL MAP - TRACT 4131
EXHIBIT B TRACT 4131 STAGE 2B VILLAGE " KK" AREA
EXHIBIT C: CITY INSURANCE REQUIREMENTS
EXHIBIT D: TRACT 4131 UNFINISHED IMPROVEMENTS AND FULL

IMPROVEMENTS COST ESTIMATE
214
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4131 Village" KK"
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 9' day of October 2023, at Lathrop, California.

ATTEST: TERESA VARGAS CITY OF LATHROP, a
City Clerk of and for the City municipal corporation of the of Lathrop, State of California State of California
BY: BY:

Teresa Vargas Date Stephen J. Salvatore Date
City Clerk City Manager

APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY BY: 6 •_ z 3
Salvador Navarrete Date
City Attorney
215
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4131 Village" KK"

SUBDIVIDER
River Islands Stage 2B, LLC,
a Delaware limited liability company
BY:

Susan Dell' Osso
President
216
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4131 Village" KK"
EXHIBIT " A"
FINAL MAP- TRACT 4131
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Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4131 Village" KK"
EXHIBIT " B"
TRACT 4131 STAGE 2B VILLAGE " KK" AREA
229

VILLAGE KK BOUNDARY
f
o
o

VILLAGE HH L'
p

VILLAGE GG
Rsh,
1 bFq o
Ay
TRACT 413 1'

VILLAGE II
x'"
PARK i

VILLAGE JJ

VILLAGE F
j LAKE 12
i
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l 9
9is VILLAGE EE
SA
qq
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EXHIBIT " B"

VILLAGE KK

VICINITY MAP
SEPTEMBER 2023
230
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4131 Village" KK"
EXHIBIT " C"

CITY INSURANCE REQUIREMENTS

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

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self-insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess ofthe insurance afforded to the named insured by this policy and shall not contribute to any loss.
c. Include a statement that, " the insurer will provide to the City at least thirty ( 30) days prior notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Ageement ar the work, so long as commercially available at reasonable rates.
231
A
oR CERTIFICATE OF LIABILITY INSURANCE
DATE( MM/ DDlYYYI
5/ 24/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER ME Michelle Sanchez
Alliant Insurance Services, If1C. PHONE Fnx
333 S Hope St Ste 3750
E A' '
A/ C No:

Los Angeles CA 90071 AnnRess: Michelle. Sanchez alliant. com INSURER S AFFORDING COVERAGE NAIC! i
LICCf13C#: OC36861 INSURERA: U It2d S CIB t Insurance Co. 12537 IN3URE0 RIVEISL-01 NSURERB:

River Islands Stage 2B, LLC
73 W. Stewart Road INSURER C:

Lathrop, CA 95330 INSURERD:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 103023025 REVISION NUMBER:

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

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

INSR
7ypE OF INSURANCE

ADDL SUBR
pOLICY NUMBER M IWUDDlYYYY M AID Y EXP
M LTR
A X COMMERCIALGENERAL LIABILITY ATN2117764P 3/ 19/ 2021 3/ 19l2024 EACH OCCURRENCE 2, 000, 000 CLAIMS- MADE OCCUR PREM SES EaEoccurrence $ 0
MED EXP( My one person) $ 0
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000,000 POLICY E LOC PRODUCTS- COMPlOP AGG 3 2, 000, 000
OTHER:

AUTOMOBILE LIABILRY
COMBINED SINGLE LIMIT $
Ea accident
ANY AUTO BODILY INJURY( Per person) $
OWNED SCHEDULED BODILY INJURY( Per accident)

AUTOS ONLY AUTOS
HIRED NON-0WNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident
S

UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS- MADE AGGREGATE 5

DED RETENTION S
WORKERSCOMPENSATION PER OTHAND EMPLOYERS' LIABILITY Y N

STATUTE ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT $ OFFICER/ MEMBEREXCLUDED? N A
Mandatory fn NH) E. L. DISEASE- EA EMPLOYEE $
It yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATION3/ VEHICLES( ACORD 707, Additional Remarka Schedule, may be attached if more space ia required) Re: FM 4131
City of Lathrop, its officers, City Council, boards and commissions and members thereof, its employees and agents are included as Additional Insureds as respects to General Liability. General Liability shall be Primary and Non- Contributory with any other insurance in force for or which may be purchased by City of Lathrop, its officers, employees and agents.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

City of Lathrop
390 Towne Centre Drive
Lathrop CA 95330

AUTHORIZEDREPRESENTATIVE
1 t/l iL—'
O 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD 232
POLICY NUMBER: ATN217764P COMMERCIAL GENERAL LIABILITY
CG20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU LY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or
Or anization s Location s Of Covered O erations
City of Lathrop, its officers, City Council, boards As Required By Written Contract, Fully Executed and commissions and members thereof, its Prior To The Named Insured' s Work employees and agents
390 Towne Centre Drive
Lathrop, CA 95330
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) or additional insureds, the following additional exclusions organization( s) shown in the Schedule, but only with apply:
respect to liability for" bodily injury", " property damage" This insurance does not apply to " bodily injury" or or " personal and advertising injury" caused, in whole property damage" occurring after:
or in part, by: 1. All work, including materials, parts or equipment

1. Your acts or omissions; or
furnished in connection with such work, on the

2. The acts or omissions of those acting on your behalf; project( other than service, maintenance or repairs) to be pertormed by or on behalf of the additional
in the performance of your ongoing operations for insured( s) at the location of the covered operations the additional insured( s) at the location( s) has been completed; or designated above. 2. That portion of" your work" out of which the injury or damage arises has been put to its
However: intended use by any person or organization other

1. The insurance afforded to such additional insured only than another contractor or subcontractor engaged applies to the extent permitted by law; and in performing operations for a principal as a part of

2. If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.

CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 2 233
C. With respect to the insurance afforded to 2. Available under the applicable Limits of these additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less.

If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or