Lathrop City Council
April 8, 2024

169
CITY OF LATHROP — ROBERTSON - BRYAN, INC.

AMENDMENT NO. 3 TO CONDUCT A CONSTITUENT OF EMERGING CONCERN STUDY AND

PROVIDE EFFLUENT DISPERSION STUDY PROFESSIONAL SERVICES FOR THE CITY OF LATHROP

CONSOLIDATED TREATMENT FACILITY IN ACCORDANCE WITH NMFS BIOLOGICAL OPINION REQUIREMENTS — CIP WW 20- 17
WHEREAS, parties have previously agreed to extend the term of the Professional Services Agreement, dated November 8, 2021, to expire on December 31, 2024 and now desire to further extend the term to expire December 31, 2025; and WHEREAS, CONSULTANT is willing to render such Professional Engineering Consulting Services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AMENDMENT NO. 3 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT is hereby amended to add the following:

CONSULTANT agrees to perform Professional Engineering Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibits " A" and " B" in addition to the scope of work in the original AGREEMENT dated November 8, 2021. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. 2) Compensation. Section ( 2) of the AGREEMENT is hereby amended as follows:

City hereby agrees to pay CONSULTANT an additional cost of $ 298,9 for the Professional Engineering Consulting Services set forth in Exhibits " A" and " B" of this Amendment No. 3, with a total sum not to exceed of $1,72, 935 ($294, 532 for the original Agreement, $320, 824 for Amendment No. 1, $259,0 for Amendment No. 2, and 298,9 for Amendment No. 3). CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' SAuthorized Representative prior to the commencement of the work. 3) Effective Date and Term. Section (3) of the AGREEMENT is hereby amended as follows:

The effective date of the original agreement dated November 8, 2021 is November 8, 2021 and the effective date of Amendments No. 1-2 are as indicated by each. The effective date of Amendment No. 3 is April 8, 2024. The term of the Agreement, as amended by Amendments No. 1-3, inclusive, is hereby extended to end on December 31, 2025. All other terms of the original AGREEMENT as amended shall remain in full force and effect.

170
CITY OF LATHROP — ROBERTSON - BRYAN, INC.

AMENDMENT NO. 3 TO CONDUCT A CONSTITUENT OF EMERGING CONCERN STUDY AND

PROVIDE EFFLUENT DISPERSION STUDY PROFESSIONAL SERVICES FOR THE CITY OF LATHROP

CONSOLIDATED TREATMENT FACILITY IN ACCORDANCE WITH NMFS BIOLOGICAL OPINION REQUIREMENTS — CIP WW 20- 17
4) Applicability to Original Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated November 8, 2021 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Signatures
The individuals executing this AMENDMENT NO. 3 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 3 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

171
CITY OF LATHROP — ROBERTSON - BRYAN, INC.

AMENDMENT NO. 3 TO CONDUCT A CONSTITUENT OF EMERGING CONCERN STUDY AND

PROVIDE EFFLUENT DISPERSION STUDY PROFESSIONAL SERVICES FOR THE CITY OF LATHROP

CONSOLIDATED TREATMENT FACILITY IN ACCORDANCE WITH NMFS BIOLOGICAL OPINION REQUIREMENTS — CIP WW 20- 17
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved by:

Resolution No.:

Consultant:

Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Robertson -Bryan, Inc.
3100 Zinfandel Drive
Rancho Cordova, CA 95670
Phone: (916) 714- 1801
Federal ID # 68- 0460693
Lathrop Business License # 20647
Signature Date
Print Name and Title

172

EXHIBIT A
ROBERTSON - BRT6N, Inc.

Solutions for Progress
February 16, 2024

DELIVERED BY EMAIL
Mr. Michael King, P. E.

Assistant City Manager
City of Lathrop
390 Towne Centre Dr.

Lathrop, CA 95330
Subject: Proposal to Conduct a Constituent of Emerging Concern Study for the City of Lathrop Consolidated Treatment Facility Required by the NMFS Biological Opinion for River Discharge
Dear Mr. King:

Robertson -Bryan, Inc. (RBI) has assisted the City of Lathrop ( City) in preparing to discharge treated effluent from its Consolidated Treatment Facility ( CTF) to the San Joaquin River, including obtaining necessary regulatory approvals for construction of the CTF' s San Joaquin River outfall. RBI prepared a National Marine Fisheries Service Biological Assessment and Essential Fish Habitat Assessment for the City ofLathrop Consolidated Treatment Facility Surface Water Discharge Project ( 2020), and subsequent addendums ( collectively, Biological Assessment or BA). The National Marine Fisheries Service ( NFMS) subsequently issued an Endangered Species Act Section 7( a)( 2) Biological Opinion and Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for the City ofLathrop Outfall Installation Project [ 408 Permission Section ( 19535)] (2021; Biological Opinion or BO). The BO addressed potential effects of the City' s discharge to the San Joaquin River on federally listed threatened Central Valley spring -run Chinook salmon ( Oncorhynchus tshawytscha) Evolutionarily Significant Unit, the threatened California Central Valley steelhead ( 0. mykiss) Distinct Population Segment ( DPS), and the threatened southern DPS green sturgeon (Acipenser medirostris) in accordance with Section 7 of the Endangered Species Act ( ESA). The BO identifies conservation measures ( CMs) that must be met by the project to mitigate potential environmental effects of the outfall construction on ESA -listed anadromous fishes potentially occurring in the lower San Joaquin River. This proposal for professional services is provided in regard to CM 15 ( Chemicals of Emerging Concern Study), which is defined in the BO as follows:

Within six months ofinitiating discharge to the San Joaquin River, the City will initiate a monitoring study of chemicals of emerging concern ( CECs). This study will evaluate chemicals of concern to NMFS, but not yet regulated by the Regional Water Board. The study is proposed to monitor undiluted effluent and river water quarterly for two years. River monitoring will occur at a
location( s) where the CTF discharge
3100 Zinfandel Dr., Suite 300 Phone 916. 714. 1801
Rancho Cordova, CA 95670 Fax 916. 714. 1804
www. robertson- bryan. com
173
Mr. Michael King, P. E.

City of Lathrop
February 16, 2024

I ( f
C ) ROBERTSON - Biiygn, INC.

Solutions for Progress
has fully mixed with river flows. The City' sconsultant will develop the list of CECs to monitor and route to NMFS stafffor review and approval prior to study initiation.

The City initiated discharge to the San Joaquin River on February 1, 2024, triggering these study requirements. RBI' sscope of work for developing and implementing a CEC study to satisfy CM 15 is provided in the subsequent sections of this proposal.

I. SCOPE OF WORK
TASK 1: CEC SAMPLING AND ANALYSIS PLAN
RBI will prepare a sampling and analysis plan ( SAP) describing a schedule for conducting the CEC study, CECs to be monitored, sampling locations, and other details describing the monitoring study. CEC sampling will occur quarterly for two years as required by CM 15 of the BO. The list of CECs to be monitored will be consistent with California CEC monitoring guidance from Drewes et al. (2023) 1, Tadese ( 2016), and the State Water Resources Control Board Resolution 2013- 0003 recycled water policy. It was assumed, for the purpose of this proposal, that the CECs to be monitored are those recommended by these three guidance documents for monitoring in freshwater because of concerns for potential effects to aquatic life. The proposed list of CECs to be monitored is provided in Attachment 1.

The following three locations will be sampled.

CTF Final Effluent at EFF- 001 or EFF- 002
San Joaquin River upstream of the outfall at RSW- 001
San Joaquin River downstream of the outfall
The downstream San Joaquin River sampling location will be approximately 0. 35 miles downstream of the outfall (fully mixed per RBI mixing zone study) or as informed by the City' s
Effluent Dispersion Study ( CM 14) to confirm where effluent mixing with the San Joaquin River is complete.

The SAP will describe sampling conditions that include timing based on flows in the San Joaquin River ( i.e., so that flows will be in the downstream direction for sufficient time to ensure that effluent is not present at the upstream sample location), that sampling will only Drewes, J.E., P. Anderson, N. Denslow, D. C. G. Muir, A. W. Olivieri, D. Schlenk, and S. A. Snyder. 2023.

Monitoring Strategies for Constituents of Emerging Concern ( CECs) in California' sAquatic Ecosystems.

Recommendations of a Science Advisory Panel. Prepared by California Water Resources Control Board by the Southern California Coastal Water Research Project. Technical Report 1302. https:// www.aterboards. ca. gov/ water issues/ programs/ cec/ does/ ecopanel- finalreport- SCCWRP- TR 1302. pdf z
Tadesse, D. 2016. Constituents of Emerging Concern ( CECs) Statewide Pilot Study Monitoring Plan. State Water Board. Prepared by Statewide CEC Pilot Study Monitoring Plan. Office of Information Management and Analysis. January. http:// www. sfestuary. org/ wp- content/ uploads/ 2017/ 09 SOE17Abstract23 PubOutreach. pdf 174
Mr. Michael King, P. E.

City of Lathrop
February 16, 2024

f -M, ROBERTSON - BRVAH, INC.

Solutions for Progress
occur when the CTF is discharging to the river, avoiding sampling when there is stormwater discharge from the MS4 outfall between RSW- 001 and the CTF outfall, and avoiding sampling during facility maintenance or episodic storm events when discharge and river flows are not representative of typical conditions. The SAP also will describe effluent and water quality constituents that will be measured at the time of sampling ( i.e., dissolved oxygen, pH, conductivity, and temperature). Effluent flow will be recorded from meters established by the City and San Joaquin River flow will be obtained from the San Joaquin River California Data Exchange Center (CDEC) station at the Mossdale Bridge3. Data quality objectives, quality assurance and quality control samples, sample container types, volumes, analytical methods, method detection limits, reporting limits, and quality control limits also will be presented.

A draft SAP will be provided to the City for review and a revised draft SAP will be provided to NMFS for review. After which, the SAP will be finalized. The budget assumes that the preliminary list of CECs identified by RBI in the SAP is approved by NMFS.

Deliverables:

Draft CEC Sampling and Analysis Plan for review by the City Revised Draft CEC Sampling and Analysis Plan for submittal to NMFS Final CEC Sampling and Analysis Plan
TASK 2: FIELD SAMPLING
RBI will conduct CEC sampling and coordinate analysis with the City and Eurofins Test America ( West Sacramento, CA). CECs are often new compounds that are not common in typical analyses. Thus, most commercial laboratories do not offer all or even some of the analyses needed for this study. Eurofins Test America provides analyses for all CEC listed in Attachment 1 and has reporting limits sufficiently low to meet monitoring recommendations.

The budget includes the costs of analysis and Eurofins Test America will be contracted directly by RBI. Prior to sampling, RBI will contact the City to ensure sampling conditions are met and for access to the CTF and San Joaquin River. The analytical laboratory also will be contacted prior to sampling to supply sample containers that will be prepared for sample collection by RBI. Field preparation will include equipment calibration and decontamination.

Two RBI staff will mobilize to the field during each of the eight sampling events to collect grab samples of final effluent at the CTF and San Joaquin River and document field conditions at the outfall and at sampling locations in the river. River water samples will be collected from the riverbank using a pole to access surface water not influenced by near -shore disturbances. Each sampling event is expected to be conducted in a single day and samples will be shipped by overnight courier or taken directly to the analytical laboratory. 3 https:// cdec. water. ca. gov/ index. html
175
Mr. Michael King, P. E.

City of Lathrop
February 16, 2024

ROBERTSON - BITTqM, Inc
Solutions for Progress
Reports and electronic data deliverables ( EDDs) received from the analytical laboratory will be reviewed to identify any deviations from data quality objectives in the SAP and to determine if corrective actions are needed to address any issues in the next sampling event.

RBI will discuss any data issues and any necessary actions to remedy the issues with the City.

TASK 3: REPORTING
RBI will review, analyze, and report data collected during the CEC study. The focus of the data report will be to fully implement CM 15 of the BO by presenting the CEC analytical results. The report also will describe the methods used for this CEC study, field data collected at the time of sampling, any deviations from data quality objectives described in the SAP, and any corrective actions taken.

A draft report will be provided to the City for review. Upon request, RBI also will meet with the City via conference call to discuss the draft report and findings. RBI will prepare a final CEC study report that addresses any comments from the City. The final report will be provided to the City in PDF format, complete with any attachments ( i.e., analytical data), for the City to submit to NMFS. RBI can submit this report to NMFS on behalf of the City, upon request.

Deliverables:

Draft CEC Study Report
Final CEC Study Report
TASK 4: PROJECT MANAGEMENT
Project management time shall primarily be used to coordinate and direct project activities to ensure that all tasks are conducted efficiently and effectively. This task also provides time for project coordination by phone and email with other project team members and local/ regional agencies as appropriate, review of budget and invoices, schedule tracking, and other duties to coordinate and administer the project.

II. SCHEDULE
RBI can begin providing professional services associated with the tasks defined herein upon receipt of a contract or written authorization to proceed.

III. CONTRACT AND BILLING ARRANGEMENT
RBI recommends a time -and -materials contract, not to exceed the amount shown in Attachment 2 without written authorization, to provide the professional services outlined herein. RBI will invoice the City monthly according to its annual rates ( Attachment 3) for all RBI work activities completed in the prior month.
176
Mr. Michael King, P. E.

City of Lathrop
February 16, 2024

ROBERTSON - BRYAN, Inc
Solutions for Progress
If you have any questions regarding this proposal, please do not hesitate to contact Cameron Irvine at ( 916) 335- 2369.

Sincerely,
6E,
Michael Bryan, Ph. D. Cameron Irvine, M. S.

Principal -in -Charge Project Manager
Attachment 1: CECs to be Monitored in the Study
Attachment 2: Budget
Attachment 3: 2024 Fee Schedule
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Ro8ERlson - BR1' An, bk.

Solutions for Progress
ATTACHMENT 1
CECs TO BE MONITORED IN THE STUDY
Analytes
SWRCB Recycled Water Policy
Drewes et al. 2023 Tadesse 2016 ( SWB Resolution 2013- 0003) Pharmaceuticals and Personal Care Products
176- estradiol X X
Bisphenol a X X
Diclofenac X X
Estrone X X
Gemfibrozil -
Ibuprofen X X
lopromide -
Sucralose -
Tridosan X X
Pharmaceuticals and Personal Care Products
Caffeine -
N,- Diethyl- meta- toluamide (DEET) - -
Polybrominated diphenyl ethers. Pyrethroids and Pesticides Galaxolide X X
Nitrosoamines
N- Nitrosodimethylamine ( NDMA) -
x
X
X
X
X
X
X
X
Sources:

Drewes, J.E., P. Anderson, N. Denslow, D. C. G. Muir, A. W. Olivieri, D. Schlenk, and S. A. Snyder. 2023. Monitoring Strategies for Constituents of Emerging Concem ( CECs) in California' sAquatic Ecosystems. Recommendations of a Science Advisory Panel. Prepared by California Water Resources Control Board by the Southem Califomia Coastal Water Research Project. Technical Report 1302.

State Water Resources Control Board Recycled Water Policy ( SWB Resolution 2013- 0003) Tadesse, D. 2016_ Constituents of Emerging Concern ( CECs) Statewide Pilot Study Monitoring Plan. State Water Board.

Prepared by Statewide CEC Pilot Study Monitoring Plan. Office of Information Management and Analysis. 178
r - rj7j ROBERTSON - BRYAN, Inc
Solutions for Progress
ATTACHMENT 2

RBI BUDGET
Michael
Bryan
Paul
Bedore
Cameron
Irvine
Teresa
Lopez
Whitney
Thorpe
Managing Wastewater Project Project
Partner Director Associate Scientist I Scientist I Subtotal

PROFESSIONAL SERVICES
Task 1: Sampling & Analysis Plan 20, 406
Draft Sampling & Analysis Plan 2 8 24 16 13, 546
Discussion/ Review by City and NMFS 2 4 8 4, 230
Final Sampling & Analysis Plan 2 4 4 2, 630
Task 2: Study Implementation 34, 670
Laboratory Coordination 2 12 8 5, 822
Field Sampling (4 events) 16 56 56 28, 848
Task 3: Reporting 35,19
Data Review and Quality Control Documentation 10 24 8 9, 822 Draft Report 2 4 48 16 19, 326
Final Report 1 2 12 8 6, 171
Task 4: Project Management 6 12 24 12, 690
Total Hours: 13 34 158 132 64 401
Rate: 349 301 291 216 216
Labor Subtotal: 4,537 10, 234 45, 978 28, 512 13, 824 103, 085

DIRECT EXPENSES
Laboratory Analysis of CECs 55, 000
Mileage 1, 000
Water Quality Meter Rental ($ 35/ day) 280
Sampling Supplies 1, 000
Direct Expenses Subtotal: 57, 280
Administrative Fee (5%) on non - RBI Expenses: 2, 800
Direct Expenses Total: 60, 080
TOTAL BUDGET 163,6
179
l ROBERTSON - BRVRN, Inc
Solutions for Progress
ATTACHMENT 3
2024 FEE SCHEDULE
Charges for project work performed by Robertson -Bryan, Inc. (RBI) will be calculated and billed at the hourly rates shown below.

PROFESSIONAL SERVICES RATE/ HOUR
Managing Partner $ 350. 00
Partner $ 342. 00
Principal Engineer/ Scientist $ 333. 00
Senior Consultant/ Department Head $ 316. 00
Resource Director $ 301. 00
Associate $ 291. 00
Senior Engineer/ Scientist II $ 284. 00
Senior Engineer/ ScientistI $ 269. 00
Project Engineer/ Scientist III $ 247. 00
Project Engineer/ Scientist II $ 236. 00
Project Engineer/ Scientist I $ 216. 00
Staff Engineer/ ScientistII $ 201. 00
Staff Engineer/ Scientist I $ 185. 00
Technical Analyst $ 173. 00
Graphics/ GIS $ 153. 00
Laboratory Compliance Specialist $ 149. 00
Administrative Assistant $ 115. 00
Intern $ 72. 00
Up to ten percent ( 10%) of subcontractor charges will be added to cover administrative costs.

Hourly rates will be increased by a minimum of fifty percent ( 50%) for depositions, trials, and hearings. Rates will be adjusted annually. Rates are adjusted annually, effective December 166.

Invoicing and Payments
Invoices will be issued on a monthly basis for all work performed on a project. Payment is due upon receipt of the invoice.
180

EXHIBIT B
ROBERTSON - BRYON, INC.

Solutions for Progress
February 16, 2024

DELIVERED BY EMAIL
Mr. Michael King, P. E.

Assistant City Manager
City of Lathrop
390 Towne Centre Dr.

Lathrop, CA 95330
Subject: Proposal to Provide Effluent Dispersion Study Professional Services for the City of Lathrop Consolidated Treatment Facility in accordance with Requirements of the NMFS Biological Opinion for River Discharge Dear Mr. King:

Robertson -Bryan, Inc. (RBI) has been assisting the City of Lathrop ( City) in preparing to discharge treated effluent from its Consolidated Treatment Facility ( CTF) to the San Joaquin River, including obtaining necessary regulatory approvals for construction of the CTF' sSan Joaquin River outfall. RBI prepared a National Marine Fisheries Service Biological Assessment and Essential Fish Habitat Assessment for the City ofLathrop Consolidated Treatment Facility Surface Water Discharge Project (2020), and subsequent addendums collectively, Biological Assessment or BA). National Marine Fisheries Service ( NFMS) subsequently issued an Endangered Species Act Section 7(a)( 2) Biological Opinion and Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for the City ofLathrop Outfall Installation Project [ 408 Permission Section 19535)] (2021; Biological Opinion or BO). The BO addressed the potential effects ofthe City' s
San Joaquin River discharge on the threatened Central Valley spring -run Chinook salmon ( Oncorhynchus tshawytscha) Evolutionarily Significant Unit, the threatened California Central Valley steelhead ( 0. mykiss) Distinct Population Segment ( DPS), and the threatened southern DPS green sturgeon ( Acipenser medirostris) in accordance with Section 7 of the Endangered Species Act ( ESA). The BO identifies conservation measures (CMs) that must be met by the project to mitigate potential environmental effects of the outfall construction on ESA -listed anadromous fishes potentially occurring in the lower San Joaquin River. This proposal for professional services is provided to assist the City with implementing CM14 (Effluent Dispersion Study), which is specified in the NMFS BO as follows.

Within six months ofinitiating discharge to the San Joaquin River, the City will initiate a dye tracer ( or similar methodology) study to track the actual dispersion patterns of the effluent discharged from the outfall into the San Joaquin River. This study will ensure the inferences made in the BA for the Project prepared by the City, based upon modeled mixing ofeffluent with river flows, is representative ofreal -world conditions. 3100 Zinfandel Dr., Suite 300 Phone 916. 714. 1801
Rancho Cordova, CA 95670 Fax 916. 714. 1804
www. robertson- bryan. com
181
Mr. Michael King, P. E.

City of Lathrop
February 16, 2024

7117:j
ROBERTSON • BRrAN, INC.

Solutions for Progress
The City initiated discharge to the San Joaquin River on February 1, 2024, triggering these study requirements. RBI' sscope of work for Effluent Dispersion Study ( study) services is provided in the subsequent sections of this proposal.

I. STUDY ASSUMPTIONS
The BO requires the City to conduct a dye tracer study to track dispersion patterns of the CTF effluent discharged to the San Joaquin River through the CTF' soutfall. RBI assumes the use of rhodamine dye for the study. Rhodamine dye is commonly used for this purpose primarily due to its benign character in aquatic environments and chemical stability ( low rate of degradation). RBI has performed several similar studies in Delta water bodies with great success.

It is also assumed that the study will be performed in a single event ( three day duration) during daylight hours. The study design will accommodate these assumptions.

II. SCOPE OF WORK
TASK 1: STUDY WORKPLAN PREPARATION
Under this task, RBI will prepare a workplan that outlines the procedures and schedule for conducting the study. The workplan will define the study approach, methods for field measurement of rhodamine dye concentrations and any other relevant field or water quality parameters measured ( e.g., temperature, electrical conductivity). As part of this task, RBI staff will perform a site visit to the CTF outfall site to confirm the approach identified in the workplan. Additionally, the workplan will identify procedures for post -processing of field data gathered to meet the objectives of the study. The workplan will be provided to the City for review in Microsoft Word format, with any attachments provided in PDF format. Upon receipt of any review comments, RBI will finalize and issue the workplan to the City in PDF format.

TASK 2: STUDY PREPARATION AND COORDINATION
Under this task, RBI will prepare, plan, and coordinate the study with project team members, including the City and any other involved parties. This task will involve procurement and fabrication of field supplies and apparatus necessary for the study. Anticipated supplies and apparatus include rented fluorescent dye monitoring equipment, buoys, anchors, rope, and rhodamine dye.

Budget is provided under this task for routine coordination with project team members in advance of the study. Additional budget is provided for coordination with regulatory authorities, as appropriate, to obtain any necessary approvals for conducting the study.

Budget also is provided under this task for RBI staff to perform a site visit to the CTF outfall site to perform testing of field apparatus prior to the study. This will ensure that the field apparatus is properly suited to achieve the goals of the study. 182
Mr. Michael King, P. E.

City of Lathrop
February 16, 2024

TASK 3: FIELD STUDY
7 ROBERTSON ' BRI' Rn, Inc
Solutions for Progress
RBI will conduct the field rhodamine dye tracer study at the CTF' soutfall and within its vicinity in the San Joaquin River. The study is anticipated to take place over the course of three days, with the first day dedicated to equipment setup in the field and testing to confirm proper functionality.

The study will be conducted on the second day once equipment setup and functionality has been confirmed. RBI anticipates the use of up to ten ( 10) rhodamine dye measurement sondes, with some placed at strategic locations within the study area and at least one positioned to a boat that will be used to track the effluent plume in the river. On the morning ofthe second day, multiple rhodamine dye slugs will be dosed at the CTF effluent transfer pump station, which will allow the rhodamine dye to be fully mixed in the CTF effluent prior to discharge to the San Joaquin River. Dye slug doses will be staggered to prevent overlapping of the effluent plumes and to allow for tracking ofthe effluent plume via boat.

The third day of the study will primarily be used to retrieve field apparatus deployed during the study, in addition to any remaining data gathering.

For budgeting purposes, it is assumed that three ( 3) RBI staff will be on -site each day during the study.

TASK 4: DATA PROCESSING AND REPORT PREPARATION
After completion of the field tracer study, RBI will download, review, process, and analyze the data collected during the study. The data will be reviewed to ensure that sufficient and accurate data was collected before proceeding with the preparation of the study report. RBI will discuss any data issues with the City and determine any necessary actions to remedy the issues.

Once the data has been adequately analyzed, RBI will prepare a study report documenting the findings from the study. This report will summarize the findings from the field dye tracer study and provide a comparison of the study findings to the modeled effluent dispersion discussed in the BA, in accordance with the requirements of CM14. The report will provide the following:

1. Description of purpose and need;

2. Description of field data collection and methods;

3. Field data results for dye tracer concentrations and other water quality parameters measured;

4. Comparison of field study results to modeled dispersion of CTF effluent in the San Joaquin River included in the NMFS BA; and

5. Study conclusions.

The draft report will be provided to the City for review in Microsoft Word format, with any attachments in PDF format. RBI will then prepare a final report, incorporating any comments 183
Mr. Michael King, P. E.

City of Lathrop
February 16, 2024

A vat
4 ROBERTSON- BRTAM, Inc.

Solutions for Progress
and revisions received from the City. The final report will be provided to the City in PDF format, complete with any attachments, for the City to submit to NMFS.

TASK 5: PROJECT MANAGEMENT
This task provides hours for RBI' s
principal -in -charge, Michael Bryan, Ph. D., and project manager, Cyle Moon, P. E., to oversee and direct efforts on each task, project coordination with other project members, budget and schedule tracking, invoicing, and other duties to administer the project.

III. SCHEDULE
RBI can begin providing professional services associated with the tasks defined herein upon receipt of a contract or written authorization to proceed.

IV. CONTRACT AND BILLING ARRANGEMENT
RBI recommends a time -and -materials contract, not to exceed the amount shown in Attachment 1 without written authorization, to provide the professional services outlined herein ( see Attachment 1 for a detailed project budget and Attachment 2 for a cost summary of equipment purchases/ rentals).

RBI will invoice the City monthly according to the fee schedule in Attachment 3 for all RBI work activities completed in the prior month.

If you have any questions regarding this proposal, please do not hesitate to contact me at 916) 405- 8944.

Sincerely,
Michael Bryan, Ph. D.

Principal -in -Charge
Attachment 1: Budget
Attachment 2: Equipment Purchases/ Rentals Summary
Attachment 3: Fee Schedule
Cyle Moon, P. E.

Project Manager
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17 ROBERTSON - BRYAN, Inc
ATTACHMENT 1

RBI BUDGET
Lathrop CTF Effluent Dis
PROIT: SSIO\ AL SFRVICIS
Task 1: Study Workplan Preparation
Task 2: Study Preparation and Coordination
Task 3: Field Study
Task 4: Data Processing and Report Preparation
Task 5: Project Management
ersion Stud Professional Services
Robertson- l3rc 11. hoc.

Solutions for Progress
Prncpal- n- Resource Resource Senior Project Project Project Charge Director Director Engineer 11 Scientist 1 Scientist 1 Scientist 1 Michael
B PhD
2 6
12 Ben Giudice,
PhD, PE
8 4
2 4
Paul Bedore,
MS
4 2
Cyle Moon,
MS, PE
24 24
28 44
40 Haile Price
8 24
40 32
Teresa Lo . - z
8 8
40 16
Whitney
Tho . e
8 32
40 16
Subtotal
16, 310
22, 446
34, 474
29, 618
15, 548
Total Hours:

Rate:
20 349
18 301
6 301
160
284
104
216
72 216
96 216
Labor Subtotal:

DIRE( I E\ I'.\ SLS
Mileage
Boat and Boat Operator Allowance
RBI Markup on Boat and Boat Operator Allowance ( 5%)
Equipment Purchases/ Rentals
6, 980 $ 5, 418 $ 1, 806 $ 45,40 $ 22, 464 $ 15 552 $ 20, 736 $ 118, 396 1, 400
5, 000
250
10, 078
Direct Ex nses Total 16, 728
T01kl. RCDGI11 13;.24
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Solutions for Progress
ATTACHMENT 2

EQUIPMENT PURCHASES/ RENTALS SUMMARY
Description Purchase Type Unit Cost Quantity Total Cost Buoy One- time purchase 62. 00 10 620. 00
Anchor One- time purchase 7. 00 20 140. 00
Anchor Chain — 35' length One- time purchase 40. 00 10 400. 00 Rope — 100' length One- time purchase 28. 00 5 140. 00
Rhodamine Dye —1 gallon One- time purchase 950. 00 3 2, 850. 0 Rhodamine Measurement Sonde Rental ( cost per month) 456. 00 10 4, 560. 0 Miscellaneous Equipment One- time purchase 500. 00 1 500. 00 Subtotal 9, 210. 0
Sales Tax (7. 25%) 667. 73
Estimated Shipping Costs 200. 00
Total ( rounded to nearest dollar) 10, 078.0
186
F" 1 ' ROBERTSON - Bryan, Inc
Solutions for Progress
ATTACHMENT 3
2024 FEE SCHEDULE
Charges for project work performed by Robertson -Bryan, Inc. (RBI) will be calculated and billed at the hourly rates shown below.

PROFESSIONAL SERVICES
Managing Partner
Partner
Managing Principal Engineer/ Scientist
Principal Engineer/ Scientist
Resource Director
Associate
Senior Engineer/ Scientist II
Senior Engineer/ Scientist I
Project Engineer/ Scientist III
Project Engineer/ ScientistII
Project Engineer/ Scientist I
StaffEngineer/ Scientist II
Staff Engineer/ ScientistI
Technical Analyst
Graphics/ GIS
Laboratory Compliance Specialist
Administrative Assistant
Intern

RATE/ HOUR
349. 00
342. 00
333. 00
315. 00
301. 00
291. 00
284. 00
269. 00
247. 00
236. 00
216. 00
201. 00
185. 00
172. 00
153. 00
149. 00
115. 00

71. 00
Up to ten percent ( 10%) of subcontractor charges will be added to cover administrative costs.

Hourly rates will be increased by a minimum of fifty percent ( 50%) for depositions, trials, and hearings. Rates will be adjusted annually. Rates are adjusted annually, effective December 16th
Invoicing and Payments
Invoices will be issued on a monthly basis for all work performed on a project. Payment is due upon receipt of the invoice.
187
ATTACHMENT " C"
AMENDMENT NO. 4

TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
ROBERTSON - BRYAN, INC DATED NOVEMBER 8, 2021

TO PROVIDE PROFESSIONAL SERVICES TO THE CITY OF LATHROP FOR THE

MONITORING, REPORTING, AND COMPLIANCE ACTIVITIES ASSOCIATED WITH OPERATIONS OF THE CONSOLIDATED TREATMENT FACILITY — CIP WW 20- 17 THIS AMENDMENT ( hereinafter " AMENDMENT NO. 4") to the agreement between Robertson -Bryan, Inc. and the City of Lathrop dated November 8, 2021, ( hereinafter AGREEMENT") dated for convenience this 8th day of April 2024, is by and between Robertson -Bryan, Inc. ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services for the City of Lathrop, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on November 8, 2021, CONSULTANT and CITY entered into an AGREEMENT for Professional Engineering Consulting Services to Assist the CITY with NPDES Permit Compliance for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17, in the amount not to exceed $ 294, 532; and
WHEREAS, on December 12, 2022, CONSULTANT and CITY entered into an Amendment No. 1 to the AGREEMENT for Professional Services to Prepare the City of Lathrop Consolidated Treatment Facility for Discharge of Effluent to the San Joaquin River for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17, in the amount not to exceed $ 262, 082; and
WHEREAS, on December 12, 2022, CONSULTANT and CITY entered into an Amendment No. 2 to the AGREEMENT for Professional Services to Assist with Implementing all Requirements of the City of Lathrop Consolidated Treatment Facility NPDES Permit, CIP WW 20- 17, in the amount not to exceed $ 259,0; and
WHEREAS, on April 8, 2024, CONSULTANT and CITY entered into an Amendment No. 3, to the AGREEMENT for Professional Services to Conduct a Constituent of Emerging Concern Study and Provide Effluent Dispersion Study Professional Services for the City of Lathrop Consolidated Treatment Facility in accordance with NMFS Biological Opinion Requirements, CIP WW 20- 17, in the amount not to exceed $ 298,9; and
WHEREAS, CONSULTANT provided scope of work attached hereto as Exhibit " A" for Amendment No. 4 to Provide Professional Services to the City of Lathrop for Monitoring, Reporting, and Compliance Activities Associated with Operations of the Consolidated Treatment Facility, CIP WW 20- 17, in the amount not to exceed $ 300, 571; and

188
CITY OF LATHROP — ROBERTSON - BRYAN, INC.

AMENDMENT NO. 4 TO PROVIDE PROFESSIONAL SERVICES TO THE CITY OF LATHROP FOR THE

MONITORING, REPORTING, AND COMPLIANCE ACTIVITIES ASSOCIATED WITH OPERATIONS OF THE CONSOLIDATED TREATMENT FACILITY — CIP WW 20- 17
WHEREAS, parties have previously agreed to extend the term of the Professional Services Agreement, dated November 8, 2021, to expire on December 31, 2024 and now desire to further extend the term to expire December 31, 2025; and WHEREAS, CONSULTANT is willing to render such Professional Engineering Consulting Services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AMENDMENT NO. 4 TO AGREEMENT
1) Scope of Service. Section (1) of the AGREEMENT is hereby amended to add the following:

CONSULTANT agrees to perform Professional Engineering Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" in addition to the scope of work in the original AGREEMENT dated November 8, 2021. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. 2) Compensation. Section ( 2) of the AGREEMENT is hereby amended as follows:

City hereby agrees to pay CONSULTANT an additional cost of $ 300, 571 for the Professional Engineering Consulting Services set forth in Exhibits " A" and " B" of this Amendment No. 4, with a total sum not to exceed of $ 1, 473, 506 ($294, 532 for the original Agreement, $ 320, 824 for Amendment No. 1, $259,0 for Amendment No. 2, $298,9 for Amendment No. 3, and $ 300, 571 for Amendment No. 4). CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S Authorized Representative prior to the commencement of the work.
3) Effective Date and Term. Section ( 3) of the AGREEMENT is hereby amended as follows:

The effective date of the original agreement dated November 8, 2021 is November 8, 2021 and the effective date of Amendments No. 1- 3 are as indicated by each. The effective date of Amendment No. 4 is April 8, 2024. The term of the Agreement, as amended by Amendments No. 1-4, inclusive, is hereby extended to end on December 31, 2025. All other terms of the original AGREEMENT as amended shall remain in full force and effect.

189
CITY OF LATHROP — ROBERTSON - BRYAN, INC.

AMENDMENT NO. 4 TO PROVIDE PROFESSIONAL SERVICES TO THE CITY OF LATHROP FOR THE

MONITORING, REPORTING, AND COMPLIANCE ACTIVITIES ASSOCIATED WITH OPERATIONS OF THE CONSOLIDATED TREATMENT FACILITY — CIP WW 20- 17
4) Applicability to Original Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated November 8, 2021 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Signatures
The individuals executing this AMENDMENT NO. 4 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 4 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.

190
CITY OF LATHROP - ROBERTSON - BRYAN, INC.

AMENDMENT NO. 4 TO PROVIDE PROFESSIONAL SERVICES TO THE CITY OF LATHROP FOR THE

MONITORING, REPORTING, AND COMPLIANCE ACTIVITIES ASSOCIATED WITH OPERATIONS OF THE CONSOLIDATED TREATMENT FACILITY - CIP WW 20- 17
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved by:

Resolution No.:

Consultant:
3--- O y
Date
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Robertson -Bryan, Inc.
3100 Zinfandel Drive
Rancho Cordova, CA 95670
Phone: (916) 714- 1801
Federal ID # 68- 0460693
Lathrop Business License # 20647
Signature Date
Print Name and Title

191

EXHIBIT A

ROBERTSON - BRYAN, INC
Solutions for Progress
March 6, 2024

DELIVERED BY EMAIL
Mr. Michael King
Director ofPublic Works
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Proposal to Provide Professional Services to the City of Lathrop for Monitoring, Reporting, and Compliance Activities Associated with Operations of its Consolidated Treatment Facility
Dear Mr. King:

As requested, please accept this proposal for Robertson -Bryan, Inc. (RBI) to provide monitoring, reporting and other compliance - related services for the City of Lathrop' s (City) Consolidated Treatment Facility (CTF) during Fiscal Year 2024-025 (July 1 — June 30). This work is needed to coordinate the National Pollutant Discharge Elimination System ( NPDES) permit -required monitoring for river discharge and recycled water production, prepare routine self -monitoring reports ( SMRs), prepare permit -required progress and special reports, and conduct other tasks to facilitate operation of the CTF in compliance with its permit. This effort will require the City, Veolia, Pacific Advanced Civil Engineering ( PACE), and RBI to work as a team to operate the CTF to meet the effluent limits and other compliance requirements.

RBI is an industry leader in municipal wastewater NPDES permitting and permit compliance.

We have the expertise and experience to cost- effectively assist the City in operating the CTF in compliance with the NPDES permit and its Monitoring and Reporting Program.

The scope of work provided below identifies the tasks that RBI will lead to assist the City in operating the CTF in compliance with its NPDES permit.

Task 1: Compliance Coordination Meetings
Task 2: Effluent and Receiving Water Monitoring
Task 3: Electronic Self -monitoring Reports ( eSMRs)
Task 4: NPDES Permit -required Progress and Special Reports Task 5: Industrial Pretreatment Program
Task 6: Toxicity Compliance Support
Task 7: Regulatory Development Tracking and Reporting
Task 8: Temperature Monitoring
3100 Zinfandel Drive, Suite 300 Phone 916. 714. 1801
Rancho Cordova, CA 95670 Fax 916. 714. 1804
www. robertson- bryan. com
192
Mr. Michael King
City of Lathrop
March 6, 2024

Ain ROBERTSON - BRVRN, Inc
Solutions for Progress
Task 9: General Compliance Support
Task 10: Project Management
These tasks are explained further in the detailed scope of work and budget provided below.

I. SCOPE OF WORK
TASK 1: COMPLIANCE COORDINATION MEETINGS
This task provides for up to two meetings per month during the six- month recycled water reclamation season ( May —October; 12 meetings) and weekly meetings during the wet season November —April; 25 meetings) when the CTF is likely to be discharging to the San Joaquin River. Weekly coordination is necessary while discharging to the river because of the additional attention needed to comply with the NPDES permit. These meetings will be used by RBI staff to meet with City staff and its contractors/ consultants to coordinate efforts and obtain information associated with implementing this scope of work. For the purposes of the scope and budget for this task, two (2) hours are assumed each for two RBI staff members attending each meeting, which provides time for meeting/ call preparation, participation, and post -meeting briefings of other parties not attending the meetings. RBI' sPrincipal -in -Charge is assumed to attend up to eight ( 8) meetings.

TASK 2: EFFLUENT AND RECEIVING WATER MONITORING
Ensuring compliance with the NPDES permit Monitoring and Reporting Program involves the subtasks below.

Subtask 2. 1: Scheduling and Coordination
RBI will update and maintain the monitoring schedule spreadsheet used by RBI, the City, Veolia, Compliance First, and FGL. RBI will coordinate with these parties to ensure they are aware of upcoming sampling, identify issues with sampling dates, ensure bottles are on -hand, review chain of custodies ( COCs), and other related issues.

Subtask 2.: Review and Compile Data
RBI will review and maintain a spreadsheet of monitoring results for routine CTF monitoring data tested at FGL and field data produced by Compliance First. An updated version of this spreadsheet and the final lab reports will be provided to the City with the monthly SMRs or made available through RBI' s Sharefile data portal. RBI will update its internal tracking spreadsheet for trihalomethane ( THM) disinfection byproducts so that we can advise the City and its contractors on the need to collect additional samples, adjust operations to minimize THM formation, and help ensure compliance with THM effluent limitations.

Subtask 2. 3: Characterization Monitoring
The City initiated four quarters of effluent and receiving water characterization monitoring in Q1 2024. RBI will coordinate with the City, Veolia, Compliance First, and FGL to ensure that 193
Mr. Michael King
City of Lathrop
March 6, 2024

ROBERTSON - BRYRN, Inc
Solutions for Progress
the testing will be completed as required. This scope of work and budget assumes that Veolia or FGL will collect the effluent samples, Compliance First will collect the receiving water samples, and FGL will be responsible for analytical testing. RBI will review the laboratory reports, coordinate with FGL on any QA/C issues, and prepare the data for submittal to CIWQS with the SMRs. RBI will process the data using the Central Valley Water Board' s reasonable potential analysis tool, which determines if the new characterization data would trigger effluent limitations in the next/ renewed NPDES permit.

Subtask 2. 4: Pyrethroid Pesticides Monitoring
The City initiated four quarters of effluent and receiving water monitoring for pyrethroid pesticides and acute toxicity using the test species, Hyalella aztecca during Q1 2024. RBI will coordinate with the City, Veolia and FGL to ensure that the testing will be completed as required. This scope of work and budget assumes that Veolia or FGL will collect the effluent samples, Compliance First will collect the receiving water samples, and McCampbell Analytical will conduct the testing under sub -contract to FGL. RBI will review the laboratory reports, coordinate with FGL and McCampbell Analytical on any QA/C issues, and prepare the data for submission to CIWQS with the SMRs. RBI will advise the City on any requirements applicable to the CTF if effluent pyrethroid levels were to exceed the Central Valley Water Board pyrethroid triggers.

TASK 3: ELECTRONIC SELF -MONITORING REPORTS ( ESMRS)
RBI will assist the City with preparing and reviewing data files and cover letters for routine SMRs, which includes monthly, quarterly, and annual reports. RBI also will assist with preparation and review of the Discharge Monitoring Report ( DMR) that is required with each SMR submittal. Both the DMR and SMRs are uploaded to the California Integrated Water Quality System ( CIWQS) database. RBI will assist the City in preparation of draft SMRs and will review draft SMR and DMR data files to ensure they contain the NPDES permit -required information, the calculated and analytical parameters are accurate, and the contents of the cover letter and any attachments are consistent with the reported data. RBI will work with the City to finalize the SMRs for upload to CIWQS and will coordinate with the City to ensure the SMRs are submitted and certified in CIWQS by the report due date. The City is responsible for conducting the final submittal and certification of SMRs in CIWQS. Hours budgeted are for providing assistance with SMRs/ DMRs for the following submittals. 194
Mr. Michael King
City of Lathrop
March 6, 2024

vjROBERTSON - BRYRM, INC
Solutions for Progress
Report Type Reporting Period Report Due Date
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
June 2024
July 2024
August 2024
September 2024
October 2024
November 2024
December 2024
January 2025
February 2025
March 2025
April 2025
May 2025
August 1, 2024
September 1, 2024
October 1, 2024
November 1, 2024
December 1, 2024
January 1, 2025
February 1, 2025
March 1, 2025
April 1, 2025
May 1, 2025
June 1, 2025
July 1, 2025
Quarterly
Quarterly
Quarterly
Quarterly
2nd Quarter 2024
3rd Quarter 2024
4th Quarter 2024
1St Quarter 2025
August 1, 2024
November 1, 2024
February 1, 2025
May 1, 2025
Annual Calendar Year 2024 February 1, 2025
TASK 4: NPDES PERMIT -REQUIRED PROGRESS REPORTS
RBI will prepare the following annual reports required by the NPDES permit, as well as cover letters for the submittals. Draft reports will be prepared for review and comment by the City.

The City' scomments will be incorporated into a final report for the City to submit to CIWQS.

Annual Operations Report due February 1, 2025
Best Management Practices Plan for Salinity Annual Report due February 1, 2025 Mercury Pollution Prevention Plan Annual Report due February 1, 2025 TASK 5: INDUSTRIAL PRETREATMENT PROGRAM
RBI is currently under contract to implement the City' sIndustrial Pretreatment Program (IPP) for fiscal years 2023/024 and 2024/025. Services provided under that contract include assistance with industrial user permit development, monitoring, and enforcement. Services to be provided under this task include the following subtasks.

Task 5. 1: IPP Approval by Central Valley Water Board
In January 2024, the City submitted its updated IPP, prepared by RBI, to the Central Valley Water Board for approval, in accordance with CTF NPDES permit requirements. RBI is tracking Central Valley Water Board staff' review of the IPP. This task is for RBI to address 195
Mr. Michael King
City of Lathrop
March 6, 2024

IMROBERTSON- BRYON, Inc
Solutions for Progress
Board staff queries regarding the IPP to facilitate its approval. This task is also for RBI to make minor revisions to the IPP in the event Board staff have comments and request changes.

Task 5. 2: Municipal Code Revisions
The IPP update included proposed revisions to the City' s municipal code to local limits, new industrial user definitions, and editorial revisions. This task is for RBI to support the City to revise the municipal code, such as assistance with preparing the staff report and resolution to be considered by City Council.

Task 5. 3: IPP Annual Report
RBI will prepare the IPP Annual Report required by the CTF NPDES permit. This report will address IPP activities in calendar year 2024 and is to be submitted to CIWQS by February 1, 2025. This will be the first IPP Annual Report submittal by the City. The report will address all twelve elements listed in Attachment E, section X. D. 5 (for brevity, these items are not described here). The information and data to address these elements will come from industrial user data, data collected by the City, and inspections conducted by the City.

If the City is not in compliance with the Central Valley Water Board' s pretreatment
audit/ compliance inspection requirements, then the report will include the reasons for noncompliance and state how and when the City will comply with such conditions and requirements.

TASK 6: TOXICITY COMPLIANCE SUPPORT
RBI will assist the City with scheduling, coordination, and reviewing results of routine, quarterly whole effluent toxicity ( WET) testing required by the NPDES permit. RBI will advise the City on whether permit -required accelerated testing or a Toxicity Reduction Evaluation ( TRE) has been triggered. In the event a TRE is triggered by the routine bioassay results, the City must submit a TRE Action Plan to the Central Valley Water Board within 30 days. Budget is provided for RBI to prepare one ( 1) TRE Action Plan for the City to provide a timely submittal, should a TRE be triggered. RBI will provide a separate scope and budget to
provide assistance beyond the hours budgeted herein in the event that additional effort is required to assist implementing routine testing, accelerated testing, or a TRE. We assume that the City will contract laboratory testing services separate from RBI' scontract and that Veolia operations staff will collect the effluent samples used for bioassay testing.

TASK 7: REGULATORY DEVELOPMENTS TRACKING AND REPORTING
The CTF is currently subject of several Central Valley Water Board initiatives, including CV - SALTS, the Delta Regional Monitoring Program ( RMP), the Delta Merucry Control Program and Total Maximum Daily Load ( TMDL), Pyrethroid Control Program, and others. There may be other regulatory initiatives that the CTF would be affected by during FY24/ 25, including the State Water Resources Control Board' sClean Water Act section 303( d) listing process. As approved by the City, RBI will attend meetings for these initiatives, advocate for the City' sinterest, and advise the City on these initiatives and their impacts to the CTF. RBI 196
Mr. Michael King
City of Lathrop
March 6, 2024

ROBERTSON - BRYON, Inc.

Solutions for Progress
will cost share these efforts with other RBI clients when feasible. RBI' seffort on these activities is limited by the task budget.

TASK 8: TEMPERATURE MONITORING
RBI will continue to closely monitor CTF effluent and San Joaquin River temperature to identify any potential temperature compliance challenges. This will involve monitoring of effluent temperature in the CTF' s
cooling ponds ( Ponds A and B) to better characterize the amount of cooling provided by these ponds and help PACE identify appropriate changes to the ponds when constructing the Phase 3 upgrades. Budget is included in this task for RBI staff to procure, deploy, and routinely ( quarterly) download data from a temperature logger in
Pond B, obtain effluent temperature data from the CTF' sEffluent Transfer Pump Station, and post -process the data. Budget is provided for RBI staff to travel to the CTF to download data from and perform any necessary maintenance to the temperature logger. RBI will communicate findings from this monitoring to the City in the form of a technical memorandum. Budget is provided for preparation of a single technical memorandum in FY24/ 25.

TASK 9: GENERAL COMPLIANCE AND OPERATIONAL SUPPORT
As requested, RBI will provide general compliance and operational support to the City, including, but not limited to, the following items.

Assistance with responding to Notices of Violations ( NOVs) received from the Central Valley Water Board
Presence at Central Valley Water Board inspections of the CTF Review of CTF Phase 3 design plans
THM compliance investigations
Chlorination/ dechlorination operational support
Effluent temperature compliance with the NPDES permit effluent limitations and the State' sThermal Plan
Support in obtaining contractors for compliance monitoring services Feedback to the City on adjustments to SCADA, PLCs, and CTF treatment processes/ components to support NPDES permit compliance reporting Recycled water production under the NPDES permit and use throughout the City Sewer rate evaluation
RBI' seffort on these activities is limited by the task budget. 197
Mr. Michael King
City of Lathrop
March 6, 2024

ROBERTSON - Bunn, Inc
Solutions for Progress
TASK 10: PROJECT MANAGEMENT
This task provides hours for RBI' sProject Manager and Principal -in -Charge to oversee and direct RBI staff efforts on each task, to hold key conversations with agency staff when needed, and to review interim work products. In addition, this task provides time for project coordination by phone, email, and fax with other project team members, budget and schedule tracking, invoicing, and other duties to coordinate/ administer the project.

Additional Assumptions of this Scope of Work
The level of effort for this scope is limited to the hours budgeted. Should additional services be requested due to additional requests of Central Valley Water Board or City staff that are not identified herein, or should analyses of greater scope or depth than identified and budgeted herein be required, RBI will notify the City to discuss the extent of any out -of -scope services needed/ requested. Should out -of -scope services be requested by the City, RBI will submit a supplemental scope and fee proposal for those services.

II. SCHEDULE
RBI can begin providing professional services associated with the tasks defined herein upon receipt of a signed contract or written authorization to proceed.

III. CONTRACT AND BILLING ARRANGEMENT
RBI will complete the scope of work defined herein on a time -and -materials basis, with an authorized budget as shown in Attachment 1. RBI will not exceed the authorized budget amount without written approval.

If you have any questions regarding this proposal, please do not hesitate to contact me at 916) 261- 4043 or Paul Bedore at (916) 224- 6271. We look forward to continuing to assist the City with its NPDES permitting and compliance needs.

Sincerely,
Michael Bryan, Ph. D.

Managing Partner
Attachment 1: RBI Budget
Attachment 2: 2024 Fee Schedule
198

PROFESSIONALSERVICES
Task Compliance1: CoordinationMeeting
s
Task
2: an
Effluent
dReceiving
Water
Monitoring
Task

2. 1:

Scheduling
and
Coordination
Task
2:.

Review
and
Compile
Data
Task

2. 3:

Characterization
Monitoring
Task

2. 4:

Pyrethroid
Pesticides
Monitoring
Task
Electronic3:

Self - monitoring
Reports (
eSMRs)
Task
4: Pe
NPDES
rmit - require Prod
gress Repo rts
Task
5:

Industrial
Pretreatment
Program
Task

5. 1:

IPP
Approval
by
Central
Valley
Water
Board
Task

5. 2:

M
unicipal
Code
Revisions 5.

Task
3:

IPP
Annual
Report
Task
To6:
xicity
Compliance
Support
Task
7: Regulatory
Deve lopments Tracking &
Reporting
Task Tempe8:
rature
Monitoring
Task
9:

Co
General
mpliance
Operatioand
nal
Support
Task
10:

Project
Ma
nagemen
t

ATTACHMENT
1 RBI
DGET
BU
Lathr
NPDES
Per
mit op Complianc
e
Services
Managing
Resource
Senior
Project
Project
Partner
Partner
Director
Associate
Associate
Engineer
II
Scientist
I
Scientist
I
Mi chael
B
an
8 1 1 1 2 2 2 8 2 8
36 Art
O' Brien
12 Paul Bedore
74 16 4 4
16 610 24 8
60 52
Mi
chell e
Brown
12 8
24 Cameron
Cyle
Irvine
Moon
6 24 16
74 12 480 24 60 20
Ter
es a
L
o.
z
32 60 24 20 80 24 24 16 40 16 32
Whitney Tho .
e
20 71 349
24, 779
12 342
4, 104 $
82, 474 $
12, 804 $
13, 386 $
77, 816 $
79, 488 $
4, 320
274 301
44 291
46 274
291 $
284
368 216
20 216
Total
b
Staff.
erson
DIRECT Mile agEXPENSES
HOBO
Temperature
Loggers (
2)
1, 000 400
Subtota Othel
r
Direc
t
Ex e nses
1, 400 300, 571
TOTAL
BUDGET
199

ROBERTSON - BRYOM, INC
Solutions for Progress
ATTACHMENT 2
2024 FEE SCHEDULE
Charges for project work performed by Robertson -Bryan, Inc. (RBI) will be calculated and billed at the hourly rates shown below.

Professional Services
Managing Partner
Partner
Managing Principal Engineer/ Scientist
Principal Engineer/ Scientist
Resource Director
Associate
Senior Engineer/ Scientist II
Senior Engineer/ Scientist I
Project Engineer/ Scientist III
Project Engineer/ Scientist II
Project Engineer/ Scientist I
Staff Engineer/ Scientist II
Staff Engineer/ Scientist I
Technical Analyst
Graphics/ GIS
Laboratory Compliance Specialist
Administrative Assistant
Intern
Rate/ Hour
349. 00
342. 00
333. 00
315. 00
301. 00
291. 00
284. 00
269. 00
247. 00
236. 00
216. 00
201. 00
185. 00
172. 00
153. 00
149. 00
115. 00

71. 00
Up to ten percent ( 10%) of subcontractor charges will be added to cover administrative costs.

Hourly rates will be increased by a minimum of fifty percent ( 50%) for depositions, trials, and hearings. Rates will be adjusted annually. Rates are adjusted annually, effective December 16th.

Invoicing and Payments
Invoices will be issued on a monthly basis for all work performed on a project. Payment is due upon receipt of the invoice.
200
ITEM 4. 10

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A PROFESSIONAL ENGINEERING

SERVICES AGREEMENT WITH BKF ENGINEERS FOR

THE EAST LATHROP WATER MAIN AND LATERAL
UPGRADES CIP PW 24- 12
RECOMMENDATION: Adopt Resolution Approving a Professional Engineering Services Agreement with BKF Engineers
for the East Lathrop Water Main and Lateral Upgrades
CIP PW 24- 12
SUMMARY:

The East Lathrop Water Main and Lateral Upgrades Capital Improvement Project CIP) PW 24- 12 was created and included in the Fiscal Year ( FY) 23-4 budget to upgrade designated portions of the City water system located in an area bounded by Louise Avenue, Bizzibe Street, Cambridge Drive, and " 0" Street. Professional engineering services are needed for the design, preparation of the plans and specifications and to provide engineering support services during construction.

Staff requested and received proposals from qualified engineering consultants. BKF Engineers ( BKF) was selected as the best -qualified firm based on their previous work history, qualifications, positive references, and overall understanding of the project requirements.

Staff requests that City Council approve an Engineering Professional Services Agreement with BKF in the amount of $ 350, 921 for engineering consulting services needed to support the East Lathrop Water Main and Lateral Upgrades, CIP PW 24-

12. Sufficient funds have been allocated in the FY 23-4 budget.

BACKGROUND:

The East Lathrop Water Main and Lateral Upgrades CIP PW 24- 12 (Project) was created to upgrade designated portions of the water system located in a residential neighborhood bounded by Louise Avenue, Bizzibe Street, Cambridge Drive, and " 0" Street in order to meet current City Standards.

The water mains in the Project area consist of asbestos -cement 6 -inch diameter pipes mainly located on private property in the front yards of homes making maintenance of the water mains and service laterals challenging to identify and repair. The Project includes the abandonment and replacement of these mains with new 8 -inch PVC pipe located within the public right- of- way and the installation of new meters, valves and hydrants.
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CITY MANAGER' S REPORT PAGE 2
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING

APPROVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BKF

ENGINEERS FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
Staff requested and received proposals from qualified engineering consultants for engineering consulting services needed to support the Project. BKF was selected as the best -qualified firm based on their previous work history, qualifications, positive references, and overall understanding of the Project requirements.

The cost for the agreement with BKF is $ 350, 921 for engineering consulting services needed to support the Project.

REASON FOR RECOMMENDATION:

This Project was created to upgrade designated portions of the City' s water system
to meet current City Standards and ensure safe, reliable delivery of water to residents living in the Project area. BKF was selected as the best -qualified firm to provide engineering services to support the Project based on their previous work history, qualifications, positive references, and overall understanding of the Project requirements.

FISCAL IMPACT:

Staff requests that City Council approve a Professional Services Agreement with BKF in the amount of $ 350, 921 for engineering consulting services to support the East Lathrop Water Main and Lateral Upgrades CIP PW 24- 12.

Sufficient funds have been approved in the FY 2023-4 budget for CIP PW 24- 12.

ATTACHMENTS:

A. Resolution Approving an Engineering Professional Services Agreement with BKF Engineers for the East Lathrop Water Main and Lateral Upgrades, CIP PW 24- 12
B. Engineering Professional Services Agreement with BKF Engineers for the East Lathrop Water Main and Lateral Upgrades CIP PW 24- 12
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CITY MANAGER' S REPORT PAGE 3
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING

APPROVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BKF

ENGINEERS FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12

APPROVALS
Greg son Date
Senior Civil Engineer
Brad Taylor
City, ngineer
Cari Jame
Finance Di e• tor
Date
2/ 021-//. 20L(
Date
3/ 1-// ze
3 • ZZ • ZOz' f
Michael King Date
Assistant City Manager
5 -Le- VP
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
203
RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH

BKF ENGINEERS FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
WHEREAS, the East Lathrop Water Main and Lateral Upgrades Capital Improvement Project ( CIP) PW 24- 12 was created to upgrade designated portions of the water system located in a residential neighborhood bounded by Louise Avenue, Bizzibe Street, Cambridge Drive, and " 0" Street to meet current City Standards; and WHEREAS, staff requested and received proposals from qualified engineering consultants for engineering consulting services needed to support the East Lathrop Water Main and Lateral Upgrades CIP PW 24- 12; and
WHEREAS, after reviewing the proposals requested from qualified engineering consultants that specialize in providing these services, BKF Engineers was selected as the best qualified firm to support this project based on their previous work history, qualifications, positive references, and overall understanding of the project requirements; and
WHEREAS, staff has negotiated a scope and fee proposal with BKF Engineers for engineering consulting services to support the East Lathrop Water Main and Lateral Upgrades CIP PW 24- 12; and
WHEREAS, staff requests that City Council approve a Professional Services Agreement with BKF Engineers in the amount of $350, 921 for engineering consulting services to support the East Lathrop Water Main and Lateral Upgrades CIP PW 24- 12; and
WHEREAS, funds approved in the FY 2023/4 budget for the East Lathrop Water Main and Lateral Upgrades CIP PW 24- 12 are sufficient to authorize the agreement.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve an Engineering Professional Services Agreement with BKF Engineers in the amount of $ 350, 921 for engineering consulting services to support the East Lathrop Water Main and Lateral Upgrades CIP PW 24- 12. 204
The foregoing resolution was passed and adopted this 8th day of April, 2024, 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 205

ATTACHMENT

CITY OF LATHROP

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH BKF

ENGINEERS

TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
THIS AGREEMENT, dated for convenience this April 8, 2024 is by and between BKF Engineers ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY"); RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Consulting Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit "A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 350, 921. 00 for the Professional Consulting Services set forth in Exhibit "A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.

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3) Effective Date and Term
The effective date of this Agreement is April 8, 2024, and it shall terminate no later than June 30, 2025.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit "A" to City' ssatisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billings
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' Sbills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.

CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Auditing
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.

CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the requirement. CONSULTANT further agrees

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CITY OF LATHROP — TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
to maintain such records for a period of three ( 3) years after final payment under this agreement.
8) Assignment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and
on the qualifications of CONSULTANT' sprincipals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' sAuthorized Representative: Sravan Paladugu, PE, CFM, Associate Principal, CITY shall be notified by CONSULTANT of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' ssole discretion, and shall be notified by CONSULTANT of any changes of CONSULTANT' s
project staff prior to any change.

CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 9) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT.

Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' Sauthorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONSULTANT 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 CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from

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CITY OF LATHROP — TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' Sown 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 ($ 1, 000,0) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.

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

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

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CITY OF LATHROP — TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2, 000,00) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
ii) Notice of cancellation, material change, or non -renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy. iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:

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

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

3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.

The CITY shall have the right to exercise at the
CONSULTANT' Scost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew the coverage.

4. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

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CITY OF LATHROP — TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f)In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.

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

Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed.

It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.

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

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CITY OF LATHROP — TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
15) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Clerk
390 Towne Centre Dr.

Lathrop, CA 95330

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CITY OF LATHROP — TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Dr.

Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant:
17) Miscellaneous
BKF Engineers
7901 Stoneridge Dr., Suite 360
Pleasanton, CA 94588
Phone: ( 650) 482- 6313
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
c) 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. d) Definitions. The definitions and terms are as defined in these specifications. e) 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. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

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.

Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement,

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CITY OF LATHROP — TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
shall be deemed the property of the CITY. Upon CITY' s request, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' sregular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

I)
m)
Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. 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.

Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits. n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p)
q)
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.

Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.

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CITY OF LATHROP — TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
19) 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.

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CITY OF LATHROP — TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE EAST LATHROP WATER MAIN AND LATERAL UPGRADES CIP PW 24- 12
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete
Recommended for Approval: City of Lathrop
Assist City Manager
Approved by:

Resolution No.:

Consultant:
3-/ r•Zo2Y
Date
Michael King
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Date
Stephen J. Salvatore Date
City Manager
BKF Engineers
7901 Stoneridge Dr., Suite 360
Pleasanton, CA 94588
Fed ID #
Business License #
Signature Date
Print Name and Title

216

EXHIBIT A

EAST LATHROP WATER MAIN AND LATERAL UPGRADES - SCOPE OF WORK TASK 1: PROJECT ADMINISTRATION AND COORDINATION
Project Management: This task will include a) overseeing specific quality assurance and quality control ( QA/C) measures; b) prepare monthly project invoices; c) communicate and correspond as necessary with the City' s project manager on project issues ( administrative, design, and construction/ field- related); and d) prepare detailed schedule of work showing each task and subtask, identifying milestones for critical meetings, workshops, progress calls, deliverables and City reviews. The schedule will be submitted within five ( 5) days of award of contract. The detailed schedule will be submitted electronically in Microsoft Project and in PDF file format. Schedule updates will be submitted as needed.

Project Meetings and Communication with the City: BKF will organize and attend a virtual kick- off meeting with the City to review the scope of the project, develop a project schedule, and confirm deliverables. This meeting will include the design consultant and key City staff.

In addition to the kick- off meeting, BKF will schedule and conduct a minimum of three ( 3) virtual design -related meetings/ workshops (Preliminary Design Workshop, 65%, and 95% Design Review Meetings) and five ( 5) progress calls with City staff as needed during the design phase of the project.

BKF will prepare the meeting agenda and distribute meeting minutes. BKF will also keep an action items list at each meeting and conference call.

Deliverables:

Monthly Invoices with Summary of work completed
Project schedule updates
Meeting agendas and minutes
Action items list
TASK 2: PRELIMINARY DESIGN
TASK 2. 1: KICK- OFF MEETING, DATA COLLECTION AND REVIEW BKF will conduct thorough research to obtain all available utility information within the project area. During the kick- off meeting, we will prepare a data request for the City to gather all available records for our review. We will review existing records including, but not limited to, street improvement plans; GIS utility layers; block maps; engineering studies; available right- of- way documents; manhole surveys, City Standard Provisions, and Standard Details; and codes, ordinances, and policies pertaining to the proposed project designs. BKF will also contact other utility companies to obtain the underground utility information within the project limit. BKF will be responsible for researching all applicable agency and utility company records.

Deliverables:

Initial Data Request
Compiled Record Drawings
TASK 2.: FIELD RECONNAISSANCE
We realize that record drawings do not always reflect field conditions. So, it is important to reconcile the differences early on. During the site visits, we will perform a cursory level field verification of record drawings reviewed under Task 2. 1 from City and utility owners. We will coordinate with City staff prior to our field visit for access to gated sites, manholes, and/ or structures, as needed. During these visits, we will also identify site construction access and other constraints.

Deliverables:

Basemap Showing Data Gaps in PDF format
TASK 2. 3: TOPOGRAPHIC MAPPING AND SURVEY CONTROL
We will perform conventional ground topographic surveys to capture top of curb, back of walk, driveways, street centerline, utility poles, meter boxes, and dip flowline of storm and sewer manholes/ inlets. Horizontal control will be based on California State Plane Coordinates and vertical control will be based on NAVD88 datum. It is not in this scope to do right- of- way research or to plot right- of- way lines. We will use City or County GIS parcel lines as right- of- way.

Deliverables:
217
Electronic copy of survey files ( AutoCAD)
TASK 2. 4: PRELIMINARY DESIGN REPORT
BKF will prepare a Preliminary Design Report ( PDR) to document design objectives, design criteria, design codes, and decisions made on major issues related to the project. The PDR will include the project' s preliminary design, which will be used as the basis for producing final construction bid documents without the need for further engineering studies or reevaluation of basic design decisions. Utilities, access, and any potential code/ permit or other challenging aspects of the project will be discussed in the PDR. The PDR will also establish budget and schedule requirements. The PDR will include, as a minimum, the following elements:

1. Introduction
Background and purpose of the project
Project scope

2. Design and Construction
Pipeline design criteria including but are not limited to criteria for selecting new water main alignment, pipe material, and size, proposed points of tie- in/ system connections, and method/ design for crossing existing utilities and easements.

Construction hours based on input received by City from residents Identify new fire locations to comply with the current City fire coverage requirements List of project specification sections ( technical sections only) List of drawings
List of required permits
Identification of potential project challenges for proposed design alternative

3. Special Construction Considerations
Perform a constructability review, including major temporary works and access —these items will also be identified and included in cost estimates in the preliminary engineering phase.

Provide construction execution recommendations, e.g., mandatory work sequence, construction restriction/ constraints, testing requirements, typical submittal requirements, work hours, traffic control requirements, etc.

Other potential project challenges
Provide recommended construction duration in calendar days.

Identify impacts on water system operations ( e.g., planned outages, water shutdowns, and durations.

Proposed project laydown areas
Identify the potential need for design variances and coordination with the Department of Drinking Water

4. Conclusion and Recommendations
Summary of project and site and design constraints
Recommendations for a preferred alternative for City review and approval Deliverables:

Draft copy of Preliminary Design Report with 10% Concept Drawings ( PDF format) TASK 3: DESIGN DEVELOPMENT/ CONSTRUCTION DOCUMENTS
BKF will provide a complete set of documents that will allow for public bidding and construction of the proposed project at the 100% design submittal by preparing Final Design/ Bd Documents, including drawings, technical specifications, and final contract documents. Design drawings will be prepared under the supervision of, and stamped and signed by, a California Registered Professional Engineer of the applicable discipline( s). BKF will respond to all permit -related reviews/ comments and revise construction documents accordingly.

TASK 3. 1: 65% DESIGN SUBMITTAL
After approval of preferred alternative( s) alignment under Task 2. 4, BKF will prepare and submit the 65% submittal to the City for review. BKF will present the 65% to City stakeholders at a design review meeting. The schedule will allow for a three- week review period by City staff following the meeting and submission of draft meeting minutes within three working days following the meeting.
218
At a minimum, the 65% submittal will include:

Addressing City comments on draft PDR
Plan view of the proposed pipeline alignment showing the horizontal alignment in relation to the existing topographic features, property lines, public right- of- way, private easements, and existing utilities and private easements ( existing or future)
Profile view of the proposed pipeline alignment showing the pipeline invert elevation' s ground profile above the
centerline of the pipeline alignment and existing utilities ( i.e., sewer mains, storm drains, gas) with top of pipe and/ orinvert elevations, if confirmed through utility locating/ potholing as part of additional service Plan view of hydrant laterals, air release valve laterals, and services to meter box Plan view of proposed street resurfacing. Scope does not include rebuilding of curb ramps driveways or street rehabilitation/ replacement
Preliminary determination of major utility crossings and utilities in conflict Details for points of connection, pipeline off -sets, trench details, cathodic protection, valves, manhole detail, and other appurtenances ( ex., fire hydrants, meters, blow - offs, cleanouts, etc.) Standard California Manual on Uniform Traffic Control Devices ( CA MUTCD) details Technical specifications
Payment item schedule for contract bid documents
Construction cost estimate based on 65% design submittal Red -lined" version of City' s
Standard Front Ends: BKF will be provided the City' sStandard Front Ends in PDF format. BKF will " red -line" as required, and then the City will incorporate edits, as required, for incorporation into the final bid documents.

Deliverables:

PDF half -size -to -scale set of the 65% design plans
PDF and Microsoft Word files of project specifications
Construction cost estimate in Microsoft Excel
Final PDR Report ( PDF)
TASK 3. 2: 95% DESIGN SUBMITTAL
BKF will prepare and submit the 95% submittal for review by the City. The 95% submittal will incorporate the pertinent City review comments to 65% submittal. The schedule will allow for a three- week review period by City staff following the submission of the 95% design submittal.

The 95% submittal will include:

Written response to City review comments to the 65% submittal Detailed drawings and technical specifications are to be included in the contract documents Final draft bid schedule
Update of the construction cost estimate
Division of Drinking Water Application
BKF will incorporate any changes to the 95% design submittal no later than five working days upon receipt of the City' s comments. The revised version, herein referred to as the 95% design submittal, will be the version of the design drawings to be made available to permitting agencies for review for the issuance of any construction permits. BKF will submit documents to respective permitting agencies in accordance with their specific requirements ( i.e., number of copies, fullsize vs. half- size format, hard vs. electronic copies, etc.).

Deliverables:

PDF half- size to scale set of the 95% design plans.

PDF and Microsoft Word files of project specifications.

Updated construction cost estimate in Microsoft Excel.

Updated construction schedule.
65% response to comments
219
TASK 3.: 100% DESIGN SUBMITTAL
BKF will prepare and submit a " Draft" of 100% design and construction documents based on the City' s95% submittal review comments. After completing the City' sreview of the " Draft" 100% submittal, BKF will meet with the City to review comments and revise plans and specifications for the " Final" 100% submittal. The " Final" 100% submittal will represent the final bid -ready contract documents and incorporate the pertinent City and/ or Permitting Agency review comments from the " Draft" 100% design submittal. Final 100% design documents will be signed by a California Registered Professional Engineer. The Bid Document submittal will include:

Written response to each City and/ or Permitting Agency comment to the 95% design submittal Final, detailed drawings and technical specifications to be included in the contract documents Final payment item schedule for incorporation into the final contract bid documents Revised/ updated cost estimate based on the 100% design submittal Deliverables:

Half- size and full- size PDF of " Draft" 100% plans, specifications, and estimate.

One full- size wet signed and electronic ( PDF) copy formatted in both half- size and full- size of the " Final" 100% submittal plans. The PDF version of the design drawings will include BKF' s professional engineering stamp and
signature.

On a USB flash drive: AutoCAD ( version 2018 or higher) files for all design drawings; Final technical specifications in MS Word and PDF formats, with Consultant' s
professional engineering stamp and signature in the PDF file; cost estimates in MS Excel and PDF formats; and the construction schedule in MS Project.

TASK 4: BIDDING SUPPORT
BKF will provide engineering support and assist the City, as required, during the bid phase of the project. Bid phase services may include:

Attendance at a pre -bid meeting with potential contractors Assistance with and preparation of responses to questions or clarification of aspects of the design and/ or specifications
Evaluation of bids received, as needed
Preparation of conformed drawings with any addenda issued during the bid period Deliverables:

Review and comment on pre -bid meeting minutes
Respond to questions during the pre -bid meeting if requested by the City ( no consultant- prospective bidder communication)
Formal response to inquiries to the City, either in email or memo -written format Conformed project specifications, print -ready for double - sided printing in both PDF and Microsoft Word ( docx) formats.

Conformed Design Drawings in half- size (11x17) and full- size (22x34) to -scale electronic PDF.

Electronic copy of conformed AutoCAD files.

TASK 5: CONSTRUCTION SUPPORT
BKF will assist the City during the construction phase by conducting the following tasks:

BKF will review design submittals including flushing and disinfection sequence. Scope assumes reviewing up to twenty ( 20) submittals and review of one ( 1) round of revision of each submittal. BKF anticipates spending 1 to 2 hours per submittal depending on the list of items provided in each submittal.

BKF will provide clarifications, as required, of construction documents and respond to contractor requests for information ( RFI). Scope assumes responding to up to ten ( 10) RFIs. BKF anticipates spending 1 to 2 hours, depending on the complexity of RFI.

BKF will evaluate and respond to contract change order requests or claims for additional compensation pertaining to design elements that may arise. Scope assumes responding to up to two ( 2) change orders.

BKF will perform up to two ( 2) site visits to review construction at important stages and/ or attend project meetings as requested.
220
Review contractor' sredlined record drawings and prepare one ( 1) signed, stamped set of record drawings.

Prepare a geodatabase file. BKF will updated pipeline and manhole attributes in the City' s geodatabase file.

Deliverables:

Submittal reviews as Word or PDF files
Response to RFIs as Word or PDF files
Change order reviews, including modifications to plans or specifications as Word or PDF files Final Punch List
Record Drawings in AutoCAD and PDF file formats

ADDITIONAL SERVICES
TASK 1A: UTILITY LOCATING
Our in- house Ground Penetrating Radar ( GPR) locating services will allow us to shortlist utilities that are perceived to be in conflict, thereby eliminating or reducing the number of needed potholes. After reviewing utility company maps, City block maps, and GIS, BKF will perform utility locating. We will identify metallic utilities ( i.e., electric, telephone, gas, communication lines, and water) and non- metallic utilities with visible tracer wire. We will prepare a memorandum to document critical utilities, utilities in close conflict, and if there is a need to pothole any. The memorandum will include photos of utility paint marks on the street.

Deliverables:

Utility Locating Report
TASK 2A: POTHOLING
Based on the GPR utility locating survey, BKF will develop a potholing plan for locating and profiling existing underground utilities, and once approved by the CITY, will be responsible for conducting the required potholing and site restoration.

Our subconsultant, Bess Testlab, Inc., will perform potholing using Hydro -vacuum. The scope assumes that the City encroachment permit fee will be waived. BKF will submit a potholing table summary report electronically describing all findings in Excel format. It is assumed that City will allow use of typical MUTCD details for traffic control and site specific traffic control plan is not required for this work.

Deliverables:

Pothole plan ( four potholes assumed)
Electronic copy of pothole table summary report showing pothole identification, utility, depth of cover, material, pavement information, and other pertinent information
Electronic copy of Pavement thickness summary table
TASK 3A: RIGHT- OF- WAY MAPPING
If requested by the City, BKF will plot the right- of- way (R/ W) lines based on street monuments or split of the street improvements. We will include parcel information based on the assessor' s maps, documents from BKF' s document
retrieval service, and record maps that may be available on the County website. We will include the lot lines that intersect the R/ W and provide the Assessor' sParcel Numbers (APN) and street address numbers for reference. This does not include ordering or using title reports for all properties along the project streets.

Deliverables:

Updated topographic map with ROW lines ( PDF & AutoCAD) 221
CIP
PW
24- 12
EAST

LATHROP
WATER
MAIN
AND

LATERAL

UPGRADES
March
6,
2024
BKF ngin Eeers
T
otal
Hours BKF
BKF Fee
Bess
Tech Lab
Prindpal
cott S Brian
Manager Project
Paladugu Sravan er anag M QCA/ Q
Mur Alvarez- Ramon
o
nager Ma Tech erakul anv T Steph
Engineeroject Pr Sr .

Rovir George
a
eer/ ngin E oject Pr
Surveyor
es Vari
Engineeresign D
Varies
ef Chi Party Survey
Vary
Chainpers vey Sur
on
Vary
IV or Locat Utility
Varie
s
P UtilityCCTV/
ngotholi
302
273
260
239
222
195
J
170
222
143
224
Hours
Lump
Sum
Task Proje1AdministractCoordinati
tion &
on
Project
Management
2 40
42 11, 524
Me
Project
etings (
Kick- off &
Pro5
g
ess
calls)
10 10
F
20 5, 120
Task
Pro1 Administra
ject
tioCoon &
rdination
Subt
al: ot 2
50 0
10 0
0 0
0 62
16, 644
0 Task
2 2. DesignPreliminary
1 Data
Collection &
Review
4 4
16 40
64 968 11,

2. 2 Recon
Field
naisance (
1 -
day
of
site
visit)
8 8
16 2, 920
Topo2. 3
graphic
Mapping
and
Contro
Survey
l
8 20
16 64
64 172
32, 164

2. 4
Preliminary
Design (
10%
Concept
Drawings)
24 60
84 17, 436
Task
Pre2
liminary
Su
Design
btotal:
0 12
0 28
0 104
64 64
64 0
336
64, 488
0 Task
Constructio3
Documen 3. nts
1 65%
Design
Submittal
65%
Plans
8 8
30 60
120
200
426
82, 154
65%
Sepcs &
Estimate
12 4
32 6
8 62
14, 656

3. 2 De
95%
sign
Submittal
95%
Plans
4 4
15 30
60 100
213
41, 077
95%
Sepcs &
Estimate
6 2
16 3
0 4
31 7, 328

3. 3
Final
100%
Design
Submittal
100%
Plans
3 3
11 21
42 70
149
28, 754
100%
Sepcs &
Estimate
4 1
11 2
0 3
22 5, 130
Task
Con stru
3 Docume
ction
Sunts bto
tal:
0 37
22 115
122
222
385
0 0
0 903
179, 09
0 $
Task
Biddin4
Sug
pport
Bid/ RFIseview Preof
Bids (
6 RFIs)
6 12
12 30
6, 846
Conformed
Drawings
2 8
20 30
858 5,
Task
4 Bidding
Support Subto
Ital:
0 6
0 12
0 12
0 0
0 0
I
30 I $
6, 846
I
0 222
March
6,
2024
BKF
Engineers
Hours BKF Total
BKF Fee
Bess
T
ech Lab
Principal
Bria
n
Scott
Manager Project
Paladugu van Sra Manager QCQA/
Muro Alvarez- Ramon er Manag ech T ul Tanverakeph St
Engineer Project Sr .

RovIra George
neer/ ngi E ect oj Pr
Surveyor
Varies ngineer E Design
Varies
Chiefarty P urvey S
Vary
nperson Chaiurvey S
Vary
IV Locator Utility
Varies
P Utility CCTV/
olingth
302
273
260
239
222
195
170
222
143
224
Hours
Lump
Sum
Task
Construction Su5
pport
Submittals (
20Assumed)
4 16
20 20
60 11, 944
RFIs (
10Assumed)
8 10
20 38
8, 304
Site
Visits (
2Assumed)
16 16
32 6,72
ChangeOrders (
2 assumed)
4 8
12 3, 004
builts As2
2 8
12 16
40 860 7,
Ta
sk Constru ctio5 Sun
pport
Subtotal:
0 18
0 10
50 68
36 0
0 0
182
I $
37, 784
1 0
Base Sco peTotal
2 123
22 175
172
406
485
64 64
0 1, 513
304, 861
0 Additional
Services
lA
Utility
Locating
8 80
88 20, 104
2A
Potholing (
4 assumed)
4 8
12 2, 316
12, 000
3A
Right -
of -
Way
M
apping
20 16
16 52
9, 740
Additional
Services
Subtotal:
0 8
0 4
0 20
8 16
16 80
152
32, 160
12, 000
Fee Assumptions:

1. Assumptions
for
number
ofmeetings,
potholes,
RFIs,
submittals,
site
visits,
etc
are
provide
in
the
table
as
part
of
task description .

2. It
is
assumed
that
City
will
lead
the
coordination
with residents.

Fee
does
not
include
attending
community
engagement/ outreach
meetings

3. Preliminary
design
will
include
evaluating
upto
two
water
main
alignment
alternatives.

4. Fee
does
not
inlclude
revision
to
water
main
alignment
after
approval
of
preffered
alignment
by
City
staff.

5. Fee
assumes
City
standard
trench
design
detail
is
adequate
and
therefore
geotechnical
investigation
is
not
included.

6. Fee
does
not
include
site corrosivity
test
and catho
dicprotection design.

7. Construction
submittals
review
includes
review
of
one
revised submittal.
223

PAGE LEFT

INTENTIONALLY
BLANK
224
ITEM 4. 11

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT THE GENERAL PLAN HOUSING ELEMENT

ANNUAL PROGRESS REPORT FOR CALENDAR YEAR
2023
RECOMMENDATION: Adopt a Resolution Accepting the General Plan Housing Element Annual Progress Report for
Calendar Year 2023 and Authorize Staff to Submit
the Report to the Governor' sOffice of Planning and
Research and State Department of Housing and
Community Development.

SUMMARY:

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

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

BACKGROUND:

The City Council adopted the City' s Housing Element on December 9, 2019 and received certification by HCD on February 7, 2020. The Housing Element is one ( 1) of seven ( 7) mandated elements of the City' sGeneral Plan and includes information related to the City' s existing housing needs, an analysis of the City' s population and employment trends, household characteristics, an inventory of land suitable for residential development and goals, policies and programs intended to meet the identified housing needs and state - mandated requirements. 225

CITY MANAGERS REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
PAGE 2
Under California Government Code Section 65400( 2), Planning staff is required to prepare a General Plan Housing Element Annual Progress Report for review by the City Council and submittal to OPR and HCD by April 1st of each year.

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

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

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

TABLE 1: REGIONAL HOUSING NEEDS ALLOCATION ( 2014- 2023) PROGRESS Status Extremely
Low Very Low Low Moderate
bove
Moderate Aden TOTAL
RHNA Allocation 526 493 759 957 2, 421 5, 156
Built 0 0 0 291 1, 571 1, 600
Under Construction'
Pernutiecl
0 0 0 02 197 197
Remaining Allocation 526 493 759 928 653 3,59
IINCL UDES 18 HOMES BUILT IN 2014 AND 9 HOMES BUILT IN 2015 SOLD AT MARKET - RATE PRICES AFFORDABLE TO MODERATE INCOME HOUSEHOLDS AND INCLUDES 2 ADDS BUILT IN 20. 17 AND 2018
2104 BUNGALOW UNITS ARE UNDER CONSTRUCTION IN RIVER ISLANDS; THESE UN/ 715 WILL BE MONITORED AS THE DENSITY AND SIZE OF TILE' UNITS MAY YIELD MARKET - RA' Z' ESALES PRICES AFFORDABLE TO MODERATE INCOME HOUSEHOLDS. 3THERE IS THE POTENTIAL FOR SOME OR ALL OF THE APPROVED 350 MULTIFAMILY UNITS TO VE DEVELOPED AS AFFORDABLE UNITS; IF THE' ZO SEEKS ADDITIONAL FUNDING OR SELLS ONE OR MORE' OF THE PROIECI5 TO AN AFFORDABLE HOUSING DEVELOPER.

SOURCE: SAN JOAQUIN COUNCIL OF GOVERNMENTS, 2014; Z! LL OW. COM; CITY OF LATHROP, 2019 DEV ER
Each income category is defined as a percentage of the Area Median Income ( AMI), as established by HCD which is currently $ 74, 988 for a four -person household. The income categories are then used to calculate housing affordability for rental and owner occupied housing. Each income category is defined as follows:

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

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

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

Moderate Income Households have a combined income between 80 and 120 percent of AMI.
226

CITY MANAGERS REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
PAGE 3
Above Moderate Income Households have a combined income greater than 120 percent of AMI
The forms provided by HCD were originally adopted in 2010 and have recently been updated pursuant to Assembly Bill 879 ( AB 879) and Senate Bill 35 ( SB35), which now include information related to the number of development applications received and approved and list of sites rezoned to address RHNA shortfall.

In summary, the forms require the following information:

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

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

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

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

Progress on the LEAP Grant including the amount of reimbursement requests that have been made by the City.

The Planning Commission considered the Housing Element Annual Progress Report for Calendar Year 2023 at their March 20, 2024 meeting. At the conclusion of the public meeting, the Planning Commission voted 4-0 to recommend the City Council accept the Housing Element Annual Progress Report for Calendar Year 2023 and authorize staff to submit the report to OPR and HCD ( Attachment 4).

ANALYSIS:

Staff has prepared the 2023 Lathrop Housing Element Annual Progress Report, included as Attachment 2.

New Applications Received
The City processed seven ( 7) residential entitlement applications for new residential development that may result in 784 new units. The City received and processed the following entitlement applications in 2023.
227

CITY MANAGERS REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
Architectural Design Review - River Islands
Van Daele Village KK 150 single- family dwelling units
Kiper Capri at River Islands 100 single- family dwelling units Tri Pointe Village 1 68 single- family dwelling units
Architectural Design Review - Central Lathrop
D. R. Horton Phase 1D, Tract 4105 89 single- family dwelling units KB Homes Phase 1D- 2, Tract 4105 81 single- family dwelling units K Hovnanian Homes Phase 1D -N3 101 single- family dwelling units Escala at Stanford Crossing 195 multi -family dwelling units PAGE 4
New Home Construction
The City issued a total number of 575 residential building permits in 2023, which represents a decrease of 383 Tess than 2022 ( a total of 958 residential permits issued in 2022). Of the 575 residential building permits, 566 are single- family residential units and are considered " Above Moderate" affordability. The remaining 9 residential building permits are for accessory dwelling units and are considered " Moderate" affordability.

Progress Towards Meeting RHNA
As illustrated in Table B of the HCD Forms below, the City has issued 5, 071 building permits for residential development for the 2014 - 2023 Housing Element Planning Period.

Deed
Restricted
Non -Deed
Very Low Restricted
Deed
Restricted
Non -Deed
Low Restricted
Moderate
Above
Moderate
Total RHNA
Total Units
Deed
Restricted
Non - Deed
Restricted
5156
343
343
170
170
297
297
383
383
389
389
148
679
827
179
950
1,29
34 924
958
9 566
575
4, 701
5, 071,• 2, 365
228

CITY MANAGERS REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
RECOMMENDATION:

PAGE 5
The Planning Commission and staff recommend that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, adopt the proposed resolution to accept the Housing Element Annual Progress Report for Calendar Year 2023 and authorize staff to submit the report to the OPR and HCD.

CEQA STATUS:

The proposed Housing Element Annual Progress Report for Calendar Year 2023 is not considered a project as defined in Article 20 § 15378 of the California Environmental Quality Act ( CEQA) Guidelines. This report does not authorize construction of any housing. However, the housing units reported as being permitted for construction are subject to their individual environmental review document previously established, reviewed and approved by the City.

FISCAL IMPACT:

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

ATTACHMENTS:

1. Resolution for Housing Element Annual Progress Report for Calendar Year 2023

2. Housing Element Annual Progress Report for Calendar Year 2023

3. Planning Commission Resolution No. 24- 3
229

CITY MANAGERS REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
APPROVALS:

David Niskanen
Contract Plannyr
Caguia
ommuni t Director
PAGE 6
2 t19 Date
3 7 —
Date
Zft -LO Ly
Salvador Navarrete Date
City Attorney
Stphen 3. Salvatore Date
City Manager
230
RESOLUTION NO. 24-

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

THE GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2023 AND AUTHORIZING STAFF TO SUBMIT THE REPORT

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

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, California Government Code Section 65400( 2) requires the planning agency to provide an annual report to the City Council, the Governor' s Office of Planning and Research and the State Department of Housing and Community Development ( HCD) regarding progress toward implementation of the housing element of the general plan; and
WHEREAS, planning staff has prepared an annual progress report for the calendar year 2023, utilizing the prescribed forms and instructions provided by the State Department of Housing and Community Development; and WHEREAS, the Planning Commission held a public meeting on March 20, 2024 and adopted Resolution No. 24- 3, recommending the City Council accept the report and authorize staff to submit the report to the Governor' s Office of Planning and Research and the State Department of Housing and Community Development; and WHEREAS, the proposed Housing Element Annual Progress Report for Calendar Year 2023 is not considered a project as defined in Article 20 § 15378 of the California Environmental Quality Act ( CEQA) Guidelines; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

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

BE IT FURTHER RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings, its findings above and pursuant to its independent review and consideration, hereby receives and accepts the annual progress report on the Housing Element, attached and incorporated by reference herein, and authorizes staff to forward the report to the Governor' sOffice of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400( 2). 231
PASSED AND ADOPTED by the City Council of the City of Lathrop at a regular meeting on the 8th day of April, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 232
ATTACHMENT " 2
11 Jurisdiction
Very Low
Low
Moderate
Above Moderate
Total Units
Note: Units serving extremely low- income households are included in the very low- income permitted units totals Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Number of SB 35 Streamlining Applications
Number of SB 35 Streamlining Applications Approved
Lathrop.

Deed Restricted
Non -Deed
Restricted
Deed Restricted
Non -Deed
Restricted
Deed Restricted
Non -Deed
Restricted
233
Units Construe Peir
nc
Very Low
Low
Moderate 0
Above Moderate
Total
SB 9 (2021) - Duplex in SF Zone
SB 9 (2021) - Residential Lot Split
AB 2011 ( 2022)
SB 6 (2022)
SB 35 ( 2017)
Number of Applications Submitted Requesting a Density Bonus Number of Units in Applications Submitted Requesting a Density Bonus Number of Projects Permitted with a Density Bonus
Number of Units in Projects Permitted with a Density Bonus 234
V
ery
Low
Deed
Restricted De
Non -
edRestricted
Deed
Restricted Noow
n -
Deed
Restricted
Deed
Restricted
M
No
oderate
Den -
edRestricted
Above
Mo
derate
Total
RHNA
Total
Units
343
ANNUAL

ELEMENT

PROGRESS
REPORT
Ho using El
Implementation entmTable
B
Regi
onal Ho using Needs
Allocation
Progress
Permitted
Units
Issued
byAffordability
2 170
297
383
389
This
tables
auto -
populated
once
you
enter
your
jurisdiction
nam
e
year
informati
oncomes
from
previous
APRs .

Please
contact
HCD
if
your
data
is
different
than
thematerial
679
Progress
ard
tow
extremely
l
iow- ncome h
ousing
need,
as
determined
p
ursuant
toernment Gov
C
ode
65583(
a)1
950
924
Extremely
low- income
houisng
need
determined
pursuant
Goveto
rnment
Code 65583( a)( 1.

Value
in
Section
5 is
default
value, assumed
to
be
half
of
the
very
low- income
RHNA.

May
be
No
Please
Tablete:

B
does
curre
not
ntly
contain
data
from
Table
F
Tableor
F2
for
pri
or
years .

You
may
login
to
the
APR
system
to
see
Table
B
that
contains
this
data .

Note:
units
serving
extremely
inco melowhouseholds
are
included
in
the
very
low- income
RHNA
pr
ogress
and
must
be
reported
as
very
low- income
units
in
secti
on
7 of
Table
A2.

They
m
loincome wcategory (
section
13)
in
Table
A2
to
be
counted
asprogress
toward
meeting
the
extrelym
low- income
housing
need
determined
pursuant
toGovernment
Cod
e
65583( a)( 1.

Please
note:

For
the
last
of
year
the
5th
cycle,
Table
B
will
o
nly
include
units
that
were
permitted
during
the
portion of
the
y
ear
that
was
in
the
5th
cycl
e.

For
the
first
year
of
the
6th
cycle,
Table
B
will
only
include tha
units
t
were
permitted
since
the
start
ofthe
planninaq
eriod.

Projection
Period
units
are
In
a
separate
column.

Wo
lease
re: neI
vrrn
ca
rorm
n
omy
alsplay
o
ra oneror plammg
peno
o.

I
o
view
pr
e
ss
ror
a
merenr
planning
penoa,
you
ay
ogin
ro
1 l
s
onune ,
4 rt
system,
or
c
onr ac
HCD
staff
at ca. apr@hcd. gov.VLI
Deed
Restricted
VLI
Non
Deed
Restricted
235
ANNUAL

ELEMENT

PROGRESS
REPORT
Housing Element
Impl
ementation
Program
la
Implementation
Status
GC
pursuanto
Secti
on
65583
low,
very
low,
low,
and
moderate
income
housing
are
available
throughout
the
planning
period
to
meet
the
City' s
RHNA,
the
City
co
will
ntinueto
biennially
update
the
inventory
of
lower
moderate
and
incomesites (
Appendix
A).

The
update
shall
remove
sites
that
have
been
developed
and
add
any
replacement
or
new
sites.

The
update
ensu
shall
re
that
the inve
ntory
of
residential
sites
tocontinues
include
sites appropriate
fo
r
a
variety
of
single
family
and multifamily
housing
types
as
well
as
sites
toaccommodate
single
room
occupancies
andemergency
shelters.

Updat
e
inventory
on
a
biennial
basis
and
make
inventoryavailable
at
City
Hall
and
on
the
City
website.

The
City
continues
to
maintain
the
inventory
of
the
Housing
Element) .

As
devel
opment
occurs,
the
in
and
published .

Inventory
d
eveloped as
part
of
th
e
maint
ain ed
thr
ough
the
Housign
El
ement
Planning
236
Program
1 b
Continue to
monitor
the
of
amount
land oned z
for
both single
family
and
multifamily
development and
ensure
that
land
use
and
zoning
decisions
do
not
reduce
sites
available
for
affordable
housing .

See
Pr
1b
in
theogram Housing Elem
f
full
the ent or lang uage. Ongoing
through
the
devleopment
review
process
The
City
continues
to
monit
or
and
maintain
the
single
family
and
multi -
family developments
and
decisions
do
not
reduce
sites availablility
for
Continue
toencourage
development
of
well -
designed
and
innovative
projects
that
provide
for
the
developm ofent compatible
residential,
comm
ercial, industrial,
institutional, and/ or
public
uses
within
a
single
project
or
neighborhood
continuing by
to
The
City
continues
toencourage
well
designed
a
nd
the
West
Lathr
op
and
Central
Lathrop
Specific
Plans .

Plan
continue
s
to
be
built -
out
and
as
d
evelopment
Program
lc
implement
the
West
Lathrop
and
Ong oing
Architectur
e,
Landscaping,
and
De
vel opment
Plan
for
Central
Lathrop
Specific
Plans,
which
encourage
mixed
use
dev elopment
as
well
as
a
range
of
uses
through
allowing
higher
building
intensities,
reduced
parking
requirements,
reduced
setback
and
yard requ irements,
allow
for
a
higher
building
height,
and
greater
floor
area
ratio s.

Lathrop
Specific
Plan
and
the
River
Islands
Urban
associated
neighborhood
specific
Architecture
Design
Standards .

De
vel opment
within
the
Central
Lathrop
and
will
continue
to
occur
within
the
H
ousing
Element
237
Program
1d
Support
affordable
or
special
eeds n
including
senior,
disabled,
developmentally
disabled,
farmworker,
homeless,
large
family,
and
single
female
head
of
family)
housing ojects pr
applications
for
federal,
state,
and/ or
regional
including progr
ams, CDBG,
HOME,
project -
based
Sectio
n
8/ 211,
Low
Income
Housing
Tax
Credit,
and
HCD
grant
programs,
that
may
be
used
for
the development
and
on -
going
affordability
of
lower
inc
and ome ecial
sp housing. needs
Support
forapplications be
shall
provided
through
staff
technical
assistance
with
the application (
e .
g .,
assisting
with completing
application components
related
development to review
env
and
ironmental
compliance)
where
appropriate
and
City
Council
consideration
of
resolutions
indicating
local
support
for
each project.

Ongoing
on
a
oject -
pr
by -
project
basis
The
City
continues to
support
affordable
or
special
applications
for
such developments
are
received,
the
in
preparing
and submitting
grant applications
f
or
special
n
eeds
hou
sing
grants
were
submitted
in
2023 .
238
programs
on
a
biennial
basi
s
to
determin
e
if
there
ar
e
additional
programs
appropriate
toencourage
affordable
housing
development
forr
the
City
to
use
to
augment
First
Time
Homebuyer
program
for
lower
inc
ome households and
request
funds
wh
enBienially (
by
December
The
City
will
evalu at e
State -
administered
fundi
ng
pr
appropriate
and
vailable . a
As soon
as
31st
of
2021
and
determine
to
if
there
ar
e
additi
onal
programs
possible,
request
SB
2 funds
to
develop
2023);
SB
2 afford able
housing
development
or
for
the
City
to
use
Program
le
additional
housing
incentives,
such
as
funding
to
be
requested
H
ebuyer om
program
for
lower
income
households
reduced
fee
structures
f
senior,or
disabled,
and
other
special
needs
housing
where
a
nexus
can
be demonstrated
that
service
demands for
such
housing
are
less
than
typical
single
family
ormultifamily
housing,
pre -
approved
plans
for
scale smallinfill
housing
projects
that
include
an
affordable component,
and
a
plan
for
use
of
future
SB
2 funds.
oncurrently c
with
Housing
Element
Update (
2019)
appropriate
and
available .

The
City
received
f
or
a
variety
ofprograms,
including
Acc
essory
Dw
building
plans .

VVf1UIIUC
W
L.UII
IUeI
t691VIIG1
development
through
working
with
Program
it
SJCOG
and
local jurisdiction
to
s
plan
for
high
quality
region dev
al
elopment,
including
ade quateaffordable
housing,
by
reviewing
SJCOG
data
and
online
resources
to
track
regional
development,
and
by
providing
input
into
the de
ofvelopment
the
metho dolo
fogy
allocating r
the
re
gion' s Ongoing
The
City
continues
tomonitor
and
ort supp
pp
ort
devel
The
City
works
closely
with
the
City
of
Manteca
and
ensure
devl
eopment
iscompatible
with
adjacent
Ho
Regional
using
Needs Allocation.
239
Program
1g
onrniue
muur aeb
b
a
na
encourag
e
lower
income
housing,
special
populations,
and
homeless
needs
on
an
annual
basis
through
develop and er
service
vid outr
each
pro
er and
through
participation
in
the
Urba
n
County/ County
Continuum
of
Care .

As
part
of
the development
of
the
AnnualActionPlan
for

CDBG/ HOME
funding,
contact
potential
housing
developers service
and
provid
and ers encourage
their
submittal
of
funding
applicati
ons
anhod
using
proposals
that
use
the
City' s
allocation
as
well
as
the
Countywide
allocation
offunds
for
extremely
low
income housing, very
l
ow
income
housing,
and
low
income housing
as
well
ashousing
for
disabled,
seniors,
veterans,
homeless,
and
other
special
needs populations. See
Program
in
lg
the
H
ousing
Element
for
With
Annual
Action
Plan
public
hearing
notices
The
City
contin ues
toencourag
e
devel
opers
to
income
h
ousing .

The
City,
incoordination
with
San
CDBG
funds
for
public
facilities,
the
GAP
Loan
assistance),
HOME
Programs (
First
Time
H
ome
Buyer
property
Rehabilitati
on
Pr
ogram .

Collecti
vely,
the
se
Funds
and
are
administered
by
the
S
an
J
oaquin
Pre servation
Di
vision.

Information
related
to
CDBG
is
w
ebsite,
under
the
Economic
Development
webpage.

Program
1 h
Main?
in
tnlormatuon
regarding homeless
shelters
and
services
available
to
City
residents.

This
Ongoing;
distribute
brochures
on monthlyThe a
City
will
mai
ntain
information
related
to
information
shall
be
available
at
City
Hall,
the
Lathrop
Community
Center,
the
basis
or
as -
needed
a
vailable
to
City
residents .

Library,
and
on
thewebsite.City' s
i
ne citsnap
participate
min
ban
Joaquin
County' s
efforts
to
address
farmworker
housing
needs.

The
City
will
work
with
San
Joaquin
County
to
Program
11 Participation
with the
County
may
include
identificatio
n
of
potential
sites
fun
and
souding
rces
available
for
farm
housing. As
labor
needed
Participation
may
includ
e
identification
of
sit
es
development
and
identification
of
funding
s
ources .
240
Program
lj
a.urnur
ue
W
worR
wan
mu
aa
n
Joaqui
n
Housing
Authority
by
providing
housing
information
requested
by
the
Housing
Authority
in
a
timely
manner.

Encourage
the
Hou sing Auth ority to
issue
more vouchers to
City
resid
inents need
and
to
make
eff
incrorts totheease use
ofvouchersfor
rental
of
single
family
homes
due
to
the
City' s
limited
supply mu
of
ltifamily
housing . Ong oing; including Auth
Housing ority in nual an
mailing
und
er
program
lg
Th
e
City
willvide pro
any
information
the
San
Joaquin
needs
and/ or
requests.

No
action
in
2023 .
onunue
10 permit
rinneu
Development
District
zoning
that
promotes
a
variety
of
housing types
in
the
City
through
theutilization
of
Asdevelopment
o
ccurs
and
devel
opment
review
and
make
recommendations
towards
Planned
Program
1 k
innovativ develoe
pment
techniques
and
flexible
standards,
such
as:
zero
lot
lines,
clustering
of
dwelling
units,
narrower
streets,
increased
densities,
and
fewededication r
requirements.

Ongoing
addtion,
as
inquiries
are
recei
ved
on particular
whether
aPlanned
Development
Zoning
would
Development
Rezone
requests
were
proc
essed
in
rental
housing
and
affordable
for -
sale
and
rental
housing,
including
housing
ex
for
tremely
low,
v
ery
low,
and
lo
w
income groupsand
special
ne
eds
populations,
through
the
following: •
Regulatory
incentives,
such
as
expediting
permit
processing,
deferred
fees,
and/ or
reduced
parking
requirements
onbased
the
bedroom
mix
The
City
did
n
ot
receive
an applicati
on
for
extrem
ely
Program
11 of proje
the
ct;
and •
Encourage
developers
to
utilize
the
density
bonus
and
incentive provisio
ns
required
by
Ongoing
income
gr
oup s
and
sp
ecial
ne
eds
p
opulati ons
in
2023 .

State
law;
and •
Publicize
these
incen
tive
s
for
market
rate
housing
to
develo pean
rs
o
d/
r
othe
r
interested
parties
by
providing
informational
flyers
at
theCommunity
Development
Department' s
counter
and
in
dev elopmen
t
project applications.
241
Program
1m
Encourage
a
range
of
housing types
for
the
developmentally disabled
through
coordination
with
the
Valley
Mountain
Regional
Center
to
identify
needed
housing
types,
such
independentas
living opportunities
and
homes
group
and
other
facilities
that
provide
assistance
to
residents .

Projects
that
provide
housing
for developm entally
disabled persons will
be
assisted
through priority/ expedited
ocessi
pr
ng, assistancewith
funding
applications,
and
assistance
with
any
density
bonus
requests
for
a
density
bonus,
reduced
development
standards (
e. g, minimum size , lot
setbacks,
parking,
etc)
or oth er
incentiv Continu
es.
e
to
refer
households
with
developmentally a
disabled
member
to
the
Valley
Mountain
Regional
Center
assistance.
for
Ongoing
This
program
is
ongoing.

The
Cityencourages
housing
typies,
including
housing
for
devel
requesting
informati
on
regarding
housing
for
the
de
directed to
the
Vall
ey
Mountain
Regi
onal
Center .
1 n
RCY1be
LIIC
LV1/ I119
l. VUC
IV
ICquire
ministerial
approval,
which
may
include
site
plan
review,
fohor
using
developments
that
include
minimum a
of
20 percent
of
units
affordable
to
lower
income
households
on
the
following
sitesconsistent
Governwith
ment
Code
65583. 2:
1:
21331033
2:
21321006
3:
19121017
5:
19122032
6:
19122039
7:
19122040
8:19122059
11:9608021
12:
19608026
13:
19608072
No
later
than
December
1,
2022
due
to
stat
utory requirements tobecomcompleted
within
3 years
p
ofHo
using
Element
adoption p
The
City
adopted
Ordinanc
e
No .
22- 442
in
No
vember
housing
devel
opments
that
incl
ude
minimum a
20 p
lower
income
households
shall
be
ministerial
and
This
language
was
added
to
Multifamily
Residential
complete .
242
Program
2a
Continue
to
offer
pre -
applicatio
n
meeting
s
all to
developers
with
various
City
staff representing
numerous
City
dep
artme nts ( e .
g.
planning,
building,
engineering, etc .) todiscuss
project
design,
city
standards,
necessary
public
improvements,
and
funding
strategies .

Ongoing
The
City
continues
to
offer
pre -
applicatio
n
meetings
community .

The
City
had
se
ven (
7)
pre -
application
2023,
including
a
pr
e -
application
f
or
a
residential
Provideincenti
ve
s
the
toenc ourage
development
of
special
needs
nda
affordable housing . This
program
is
anticipated
to
assist
at
least
four
projects,
incoordination
with
oth
er applicableprograms.

Incentive
s
shall
include: •
Allowing
developer
s
to
submit
col
ncurrent/" piggyback"
applications
e. g.,
rezones,
tentative
tract
maps,
conditional
use
permits,
variance
requests, etc. ) tostreamline processing ofdevelopment
projects
that
require
multiple
City approvals
orentitleme
nts; •
The
City
continues
to
offer
incentives
through
the
The
City
allows
developers
to
submit
concurrent/ "
P
p
Program
2b
Provide
technical
assistance
with
the
entitlement
process
for
projects
that
propose
extremely
low-,
very
anlow-,
d
lowinco ho
me
using
or
inthat
clude
a
significant
portion
of
units
for
special
needs
households. •
Consideration
of
fee
waivers
or
fee
deferrals,
where
deemed
appropriate , projects pro
viding
housing
ex
for
tremely
low-,
very
lo
w-,
and
low
inco
me orhouseholds
special
needs
households.

See
Program
2b
in
theHousing
Element
for
the
full
language.

Ongoing
streamline
processing
ofdevelopme
nt
projects
that
r
approvals,
provide
t
echnical
assistance
with
the
consider
fee
waivers
f
or
proj
ects
that
proposed
low
program
is
ongoing .
243
Program
2c
Continu
e
to
monit
ocessing or average pr
times
fordiscretionary
development
permits
on
a
biennial
basis
and
regularly view re
the
Zoning
Code
and
the
City' s
development
project
processing
identify
proced
toures chang
toes
further
reduce
hou sing costs
and
average
permitocessing pr
time .

Where
changes
are
feasible
toimplement,
update
the
Zoning
Code
and
amend
th
e
City' s
processing
procedur
educ toesr
e
housing
coand
sts
processing times .

Bienial
review (
2021,
2023)
The
City
will
monitor
processing
times
f
or
on
a
bienial
basis .

The
City
re
views
and
updates
th
e
Zoning
Omnibu s)
to
provid
e
consistencyupdat es
development
application
processi
ng
This
pr
ogram
is
Review
affordable
housing
and
in -
fill
projects
foeligibler
CEQA exemptions
and
exempt
those
projects
that
are
eligible
from
further
CEQA
review. In
Ong
oing
for
r
eview
of
dev
elopment
applications;
order
toencourage
use
ofCEQA
concurrent
with
the
As
part
of
the
review
of
a
de
velopm ent
application,
exemptions
and
the
advanceCEQAwork
Housing
Element
updat
e
Determin ations
to
whether
a
project
is
exempt,
will
Program
2d
g
that
bee
has
n
completed
for
themajority
of
the
City' s
lower
income
sites,
ensure
that
the
inventory
maintained
unde
r
Program
la
identifies
the
required
approvals,
including
CEQA
rev
iew,
so
that developers
u
nderstand
that
the
City
has
minimal
processing
requirements
for
its
lower
income
sites.
infation orm
pro vided
to
developers
to
identify
sit
eseligible
for
CEQA
g
exemptions
for
CEQA
review
has
been
compl eted.

En
vironm ental
Impact
Rep
ort .

The
City
will
review
projects
for eligibility
for
a
CEQA
exemption
as
devel
received .
reeview
anupaates
ana
revisions
to
tne
Program
City' s
ordinances, pocodes,
licies,
a
nd
procedures
to
ensure
that
they
do
no
t
constrain "
reasonable
accommodation"
Staff
continues
tomonitor
updat
es
and
revisio
ns
to
Codes,
Policies
and
Pr
ocedures .

The
City' s
Gen
eral
September
2022 .

Following
the
ad
optin
of
the
2e
fordisabled
persons
and
to
ensure
that
do
they
not
reduce
the
City' s
capacity
for
a
range
of
housing
types
and
densities. Ongo
ingConsistency
Project
was
initiated
and completed
in
Consistency
Project
updated
various
Chapters
and
M
unicipal
Code
to
bring
it
into compliance
with
the
244
Program
2f Contin toueenc ourag
e
devel
toopers
include
dwelling
accessory units
as
an
integral
part
of
their
project
through
maintaining
provisions
inthe
Zoning
Code
that
ovide
pr
foraccessory
dwelling
units (
ADUs)
in
all
zones
that
allow
single
family
homes
and
by continuing toovide pr
a
reduced
fee
structure
foraccessory
dwelling
units,
including
exemption
from
water
and
sewer
connection
fees
and
capacity
charges,
and
bymodifying
the
ADU
standards
in
the
Zoning
Code
as -
needed
to
be
consistent
with requirements
of
Ong
oing
The
City
continues
toencourage
the development
of
ADU)
in
the community .

The
City
submitted
a
Sen
ate
amend
the
Zoning
Code
to
be
consistent
with
new
ved appro
building
plans
for
ADUs .

Th
e
City
als
o
r
ecie
to
prepare
three (
3)
Pre -
Appr
oved
ADU
Plans .

These
bepublished
in
2024.

A
total
of
nine (
9)
Building
in
2023 .

This
program
is
ongoing .

State
law,
as
may
be
amended
from
time
totime. It anticis
ipated
at
least
6 ADUs
will
incentiv
be
ized
through
the
City' s
provisio tonsaccommodate
and
encourage
ADUs. enc ourage
u
eveiopera
to
tale
a
avantage
of
density
bonuses
and
incentives
fo
r
affordable
housing
and
senior
housing
projects
that
are
provided
by
the
City
Program
2g
consistent
with
the requirements
of
State
law
a
provnd
ide
information
that
identifies ma
the
ximum
densities
that
can
be
achieved
through
a
density
bonus.

Ongoing
The
City
continues
toencourage
the
use
of
de
nsity
that
qualify .

This
program
is
ongoing .
245
Program
2h
large
families
to
alleviate owding overcr
in
the
City
by
facilitati thengonstruction c
of housing that
includes
3 -
and
4 -
bedroom
units
affordable
to
extremely
low-,
very
low-,
and
lowincome
families.

The
City
will
publiciz
e
financial
and
regulatory
intive nce opportuniti developers toes and/
other or
parties
interested in
the
construction
of
housing
that
includes
3-
and
4 -
bedroom
affordable
units
by
providing
information
on
the
City' s
website
and
through
flyers
theat
Community
Development
Department
and
in
all
specific
plan
and
subdivision
application
packets.

Ong
oing
development As
applications
are
received,
the
City
development
of
3-
and
4-
bedroom
units
aff
ordable
to
and
l
ioncomewfamilies .

No
affordable
housing
2023.

Program
2i
Continue
to
support
female -
headed households
in
the
City
with
the
permitting
of
child
day
care
facilities
as
outlined
inChapter
17 of
theMunicipal
Code
On
oin
g
g
The
City
continues
to
support
child
day
care
facilites
facilities
asprescribed
in
theMunicipal
C
ode.

Program
2n
rwqunv
uuvewpelb
ui
naw
nuuDulu9
wu
use
the
HCD
New
Home
Universal
DeOptiosign
nChecklist
discloto
se
to
buyers
accessible
features tha
t
are
available. The
City
shall encourage
developers
to
acmake
cessible
features
available
as
s tandard
features
to
the
extent
feasible
and
to
provide
remaining
accessible
features
asoptional
features
or
features
available
in
a
limite
d
number
units.
of
Ongoing
The
City
will
require
developers
of
new
housing
to
use
Universal
D
esign
Option
Checklist.

This
program
is
246
Program
20 Inompli with
St
ate cance law
Go
vernment Code
Secti
65589. 7),
thon
e
City
will
establish
written
polici
and es
procedures
that
grant
priority
for
water
and
sewer
toosed
prop
development
that
includes
affordable
housing to lower -
income
hou
seholds . Jan -
20 The
City
will
establish
written
policies
and
proc
edures
and
s
ewer
to
proposed
developm ent
that
includes
income
households .

Support
multifamily
housing
site on
s
acco
that
mmodate lower
inc
ome
households
by
revising
the
Zoning
Ordinance
to
limit development
of
single
family
units
on
sites designated
for
high
density
residential
uses. Single
family
Program
2p
development
shall
o
nly
be
allowed
if
the
s
ingle
family
unit( s)
are:
1)
replacing
an
e
xisting
single
family
unit
on
a
one
f
or
one
basis,
2)
on exan
isting
lot
of
8, 000
square
feet
or
less,
or
3)
are
part
of
a
housing
development
with
themajority
un
of
its
affordable
toextremely
low,
v
ery
low,
and/ or
low
income
househo
lds.

Jan -
20 This
program
was
completed
in
2019 .

Kevise
the
t.
coning
oae
to
permit
manufactured
homes
in
the
same
manner
as
single
familiy
homes,
as
required
by
Government
SectioCode
n
65852. 3
The
following
revision
shall
be
made
to
Section

17. 68
010: "
The
provisions
of
chaptethis
r
shall
a
pply
to
Program
2q
manu
all
factu
housred
ing
an
d
mobilehomes
on permanent
foundations,
which
shall
be
allowed
subject
to
the
same
permit requirements
and
standards
as
a
single
family
home
in
all
districts
that
allo
w
single
family
homes
a
nd
s
hall
also
be
subject
to
the
standards
identified
in
Section
Jan -
20 This
program
was
completed
in
2019 .
17 RR
Awl
247
Revise
the
Zoning
Code
toremo
ve
inconsistencies
regarding
the
densitie
s
allowed
in
th
e
RM
and
tozone ensure
that
the
densities
allowed
are
consistent
with
the
densities
identified
in
the
General
Plan
Land
Use
Element .

The
Program
2r
following revisi
shall
beon made
to
Jan -
20 This
program
was
c
ompleted
in
2019 .

Section

17.36. 050 . D.: "
Density .

Th
e
allowable
density
for
the
RMmultifamily residential
districts
shall
be:

RMMH8: 1-
8 units
per
acre
RM- 3:
8- 15
units
per
acre
RM- 2:
16- 25
units
per
acre
RM- 1 .
5:
16- 25
units
per
acre
Revise
the
Zoning
Code
to
implement requthe
irements
of
Government Code
Sections
65913. 4 (amended as
by
SB
35),
65660,
65662,
65664,
65666,
and
65668 (
asestablished
and/ or
amended
by
AB
101),
and
65650
through
65656 (
as
established
and/ or
amended
by
AB
2162),
inclu ding
the
following:
1)
Identify
the
SB
35streamlining
approval
process
and
standards
for
eligible
pro
jects,
as
set
forth
under
G
overnment
Code
Section
65913. 4;
2)
Define
low
barrier
The
City
will
revi
se
th
e
Z
oning
Code
to
define
a
nd
all
Center
as
a
by -
right
use.

City
policies
and procedures
Program
2s
n
avigation
center
as
a
use
allowed
by
right
and
develop
standards
and
requirements
for processing
a
low
barrier
navigation
center cons is
tent
with
re
the
quirements
of State
law,
including
Aug -
20 Additionally,
the
City
offers
a
pre -
application
process
residential
development .

The
City anticipates
that
the
be
c
ompleted
in
2024 .

Governme
nt
Code Sectio
ns
65660
through
65668;
and
3)
Establish
standards
and requirements
for
suppoprocessing
rtive
housing
by
right
consistent
with therequireme
nts
of
State
law,
including
Government
Code
Sections
65650
through 65656.
248
Joaquin
Urban
County
ortium to
cons
HOeive and MEand
recuse CDBG
funds
tovide
pro
housing
ehabilitatio r
n
loansnda
repair
loans
emerge ncy grants,or
administered
through
the
San
Joaquin
County
Rehabilitation
Program,
for
lower
inc
householdsome and
to
provide
services for
lower
income
The
City,
in
c
oordin atio
with
San
Joaquin
County,
populations, including
emely extr
Annual
low
view of
re
ho
using
public
facilities,
the
G
AP
Loan
Program (
d
own
income,
homeless/rikat- of
homelessness,
needs
and
ommitm c
of
ent
funds
Programs (
First
Time
H
ome
Buyer
Programs),
and
the
Program
3a
seniors,
and
youth .

On
thr
ough Urban
Program .

Collectively,
these
are
called
Home
Loan
an
annual
basis,
determine
whether
County
process;
ongoing
by
the
San
Joaquin
C
ounty
Neighb
orhod
Pr
es
funds
ade
are
quate
toset side a
funds
specifically assistance ( for
housing rehabilitation , emergency
repair,
or weatherization)
for extremely
low
income
households
and
whether
funds
adequaare
te
to
allow bedroom/ bathroom
additions
where
necessary
toaccommodate
large
families. Pro
See
gram
3a
in
the
Housin
g
efforts
to
ensure
public
awareness
related to
CDBG
is
provid
edvia
the
City' s
websit
e
D
evelopment
w
ebpag e.

Element
for
the
full
language.
review
the
conmg
t.oae
ana
potenu
at
funding
sources
to
identify
metho
ds
to
provide
ince ntiv fo
es
r
rehabilitatio
n
of
Ongoing
2019/20
Program
3b
existing
residential
units
and
to inco
rporate incentives
int
o
This
program
is
ongoing .

The
City
continues
to
review
encourage
reinvestment
in
the
Historic
SB
2 funding
opportunities
Code
on
an
annual
basis.

Lathrop
Overlay
District
and
in
o
lder
neighborhoo
ds e as
t
of
1-5.
249
Continue
toemploy a
full
time
code omplianc c
e
fficer o
who
will vigorously
enforce
the
building
and
zoning
codes
in
locati
where
dilapidation, ons blight,
and/ or
health
and
safety
violations
may
beoccurring .

Coordinate
code
compliance
efforts
with
the housing
Ong oing; biennial
review
rehabilitation
program
with
code
of areas
appropriate
for
The
City
continues
to
employ
a
Code
Enforcement
Program
3c
compliance
efforts
toencourage
property
owners
tomaintain
dwelling
units
in
safe
and
habitable
onditions . c
targeted
assistance
and/ or
enforcement
ongoing.

Regularly
review
housing
conditions
to
determine
if
specific
locatio nsor neighborhoods
require
targeted
code
enforcement
and
work
to
provide,
when
funding
is
available,
targeted
rehabilitation
replacor
ement
assistance .
vvnanwV
w 1. 1. 01111
1011. 141).
121
n,

11.1V
va„
Joaquin
Urban
County
consortium
to
provide
funding
and
support
for
the
rehabilitation
of mobile
homes,
when
adequatefunds
av
are
ailable. In
2020/021,
conduct
outreach
toOngoing; Mbilehome
The
City
c
ontinues
to
c
oordinate
with
San
Joaqui
n
Program
3d
mobilehome
park
residents
and
qualified
fundi
ng
f
or
Rehabilitation (
R
ehabilitation
Program) .
non -
profits
todetermine
if
there
is
interest
in
Sta
the
te' s
Mobileho
me
Park outre
ach
in
2020
and
2021
State' s
M
obilehome
Park
Rehabiltiation
and
Resident
Rehabilitatio
ann
Resided
ntOwnership
Program
and
any
of
the
City' s
mobilehome
parks
would
be
eligible
for
this
type
program.of
250
Program
3e
Regularly eview r
the
City' seligibility for
Federal
and
State
home
repair,enovation, r
and replacement
programs
annually
and
apply
forprograms,
as
appropriate.

Ifmultifamily
own
ers orotherentities inter
est expr ess in
available
funding
programs
f
housingr
rehabilitation
or
repair,
ort
supp
the
application
for funding
and,
if
appropriate
and
feasible,
ovide pr
technical
assistance to
the
project applicant
with
the
funding
application .

Ong oing
No
acti
in
2022 .
on
This
program
is
ongoing .

Continue
toencourage
the
enf orcement
of
federal
and
state
fair
housing
standards.

The
City
will
provide
fair
housing
information
to
interested
citizens
and ma
will
kefair housing
materials
from
the
California
Department
of
Fair
Housing
andEmployment
and
the
federal
Office
ofFair
Housing
and
Program
4a
Equal Opportunity
available
at
City
Hall,
the
Library,
theCommunity
Cente
r,
and
on
the
we
City' s
bsite
in
both
En
glish
anSpanish. d
All
requests
fo
r
fair
treatment
on housing
will
be
referred
to
the
fair housing
provider
funded
through
the
Jo
San
aquin
Urban Coun
ty
consortium (
curre
ntly
San Joaqu
in
Fair
Ongoing
This
pr
ogram
is
ongoing .

Housing,
Inc.).

Require
all
recipients
of
locally
administered
housing fun
ds
to
Program
4b
ackn
owledge
their understan
ding
of
fair
housing
law,
affirm
their
commitment tothe
law,
and
to
provide
fair housing
opportunities
for
all
persons.

Ongoing
As
housing
de
velopment
projects
are completed,
this
implemented .

No
l
ocally
administ
edr
h
ousing
funds
251
Program
5a
Continue
toparticipate
in
the
San
Joaquin
Housing
Authority
and
encourage
the
HousingAuthority to
increas
e
assistance
tothe
City,
through allocati ngmore
Housing
Ch
oice Vouchers and
working
with
housing
developers
to
provide
Project -
Based
Vouchers,
as
well
as
other
assistance
administered
by
the
Housing
Authority .

The
City
shallprovid
e
inf
ormation on theavailability
of Housing
Authority
programs
tointerested
residents .

Ong oing; annual
coordination
and
outreach
toHousing
Authority to
encourage
increased assist ance
The
City
continues
toencourage
interested
resid
ents
Housing
Authorityobtain to
informati
on
related
to
h
A
ffordabl e
H
ousing.

This
program
is
ongoing .

Program
5b
Provide
housing
informatio
n
to
all interesagencies , ted
developers, residents,
no
and pronfit
groups.

City
staff
will
assist
Zo
with
ning
and
General
Plan
inquiries
as
well
as
provide
contact
information
between
the
San
Joaquin
Ongoing
The
City
continues
to
provide
housing
information
to
including
home
owners,
de
velopers,
property
relates
to
Zonign
and
G
eneral
Plan .

This
program
is
Urban
County
Consortium,
SanJoaquin
Hous Au
ing
thority,
housin deg
velo
pers,
annod
profit ngroups.

Promote
e
nergy
efficient
land u
se
planning
in
by
corporating
en
ergy
conservation
as
a
major
criterion
for
Program
6a
future
decision
making.

This
shall
include innovative
site
designs
and
orientation
techniqu
es,
which
inco rpo rate
passive
and
active
solar
designs
and conatural
oling techniques.

Ongoing
This
program
is
ongoing .

The
City
will
continue
to
la
nd
use
planning .
252
Program
6b
eru.. u
ur aye pre -
appli
cation meeunya
to
address
sit
e
layout
and
design omponents c
that encourage
energy
conservation
prior
to
any
formal
submittal
that
is
to
be
considered
by
the
Planning
Commission
and/ or
City
Council.

Th
e
City
shall
ontin rely
to
cue
on
project
input
from
all departments
to
assess
design
and
layout
for
all
residential
projects .

Ongoing
The
City
continues
to
hold
pre -
application
meetings .

Program
6c
VVLlOY11C
LV .
7 r/pJVIL
Cn. QI
yy
conservation
inexisting and
new
housing,
through
participating
in
programs
such
as
the
Open
PACE
clean
energy
program
a
ensuring nd
the
community
has
access
to
curre
nt energy
conservation
methods
and
practices
as
well
as
information
onprograms
available
futo
nd
energy
conservation
improvements. Ensure
information
is
available
at
City
Hall
and
on
the
City' s
website.

Ong oing
OnMay
2,
2016,
the
City
Co
uncil
approved
the
City' s
pr
ogram,
known
as
the
Home
E
nergy
Renovati
on
Program
through
the
PropertyAssessment
Clean
December
4,
2017,
the
City
Council
appro
ved
similar
programs
with
CSCDA
Open
Pace,
Figtree
Pace,
and
Authority .

On
December
10,
2018,
the
City
Council
participate
in
the
California
Municipal
Fi
nance
Assessed
Cl
ean
Energy (
PACE)
Program.

Information
conservation
is
available
upon
request .

Program
6d
Encourage
n
ew
residential development
or significant
rehabilitation
projects
to
meet
or
exceed
CalGreen
Tier
1 and/ or
achieve
to
LEED
certification.

On
going g
g
The
City
will encourge
n
ew
residential
d
evelopment
to
meet
CALGreen
and
LEED
standards .
253
ATTACHMENT " 3

CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 24- 3

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP

RECOMMENDING CITY COUNCIL RECEIVE AND ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2023 AND

AUTHORIZE STAFF TO SUBMIT THE REPORT TO THE GOVERNOR' SOFFICE OF

PLANNING AND RESEARCH AND THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, California Government Code Section 65400( 2) requires the planning agency to provide an annual report to the City Council, the Governor' s Office of Planning and Research OPR), and the State Department of Housing and Community Development ( HCD) regarding progress toward implementation of the housing element of the general plan; and WHEREAS, planning staff has prepared an annual progress report for the calendar year 2023, utilizing the prescribed forms and instructions provided by HCD; and WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby recommend the City Council receive and accept the annual progress report on the Housing Element for Calendar Year 2023, attached and incorporated by reference herein, and authorize staff to forward the report to the Governor' sOffice of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400( 2).

Planning Commission Resolution No. 24- 3

254
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a regular meeting on the 20` x' day of March, 2024 by the following vote:

AYES: Ishihara, Ralmilay, Camarena, Jackson
NOES: None
ABSTAIN: None
ABSENT: Rhodes
ATTEST:
guiat, Secretary
Tosh shihara, Ch
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
Planning Commission Resolution No. 24- 3

255

PAGE LEFT

INTENTIONALLY
BLANK
256
ITEM 4. 12

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH
EP NO. 2022- 99, LOCATED AT 18580 CHRISTOPHER

WAY FROM NEW CINGULAR WIRELESS PCS, LLC DBA
AT& T
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2022- 99,
Located at 18580 Christopher Way from New
Cingular Wireless PCS, LLC dba AT& T
SUMMARY:

New Cingular Wireless PCS, LLC dba AT& T (AT& T), the developer of the wireless communication tower ( Tower) located at 18580 Christopher Way, completed the public improvements associated with Encroachment Permit No. ( EP) 2022- 99 Project). A Vicinity Map is included as Attachment " B".

AT& Thas offered the Tower and associated improvements to the City for acceptance.

Staff inspected the completed improvements constructed by AT& T and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. The approximate value of the improvements constructed is 252, 32, as shown in the GASB 34 Report included as Attachment " C".

Lien releases have been submitted confirming all sub -contractors and suppliers have been paid in full. Staff also received a one- year warranty bond ( based on 10% of the GASB 34 Report) for the improvements to be accepted.

Staff requests City Council accept the completed improvements constructed by AT& T associated with the EP 2022- 99.

BACKGROUND:

On July 11, 2022, City Council approved an Option and Land Lease Agreement Agreement) with AT& T. The Agreement allows for the development and construction of a Tower on City owned property near Christopher Way. The Agreement also outlines AT& T' s non- exclusive use of the Tower and ground space.

Construction of the Tower and associated improvements are complete and the approximate value of the improvements proposed to be accepted is $ 252, 32, as shown in the GASB 34 Report. These improvements have been inspected by staff and have been deemed complete to approved plans and to City specifications by the City Engineer. A performance bond ( No. SU1190308) was provided with EP 2022- 99, in the amount shown in Table 1 below that guaranteed the construction of the improvements.
257

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2022- 99, LOCATED AT 18580 CHRISTOPHER WAY, FROM NEW CINGULAR WIRELESS PCS, LLC. DBA AT& T
PAGE 2
The performance bond will be released and replaced with the warranty bond upon acceptance of the improvements.

Table 1
Description Performance Bond Warranty Bond
Number & Amount
Encroachment Permit
2022- 99
SU1190308
300, 00
SU1190308M
25,33
REASON FOR RECOMMENDATION:

Staff has inspected the improvements listed in the GASB 34 Report and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer. Lien releases have been submitted for the completed improvements being accepted. Staff have received the one- year warranty bond and as - built drawings for said improvements.

FISCAL IMPACT:

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

ATTACHMENTS:

A. Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2022- 99, located at 18580 Christopher Way from New Cingular Wireless PCS, LLC dba AT& T
B. Vicinity Map - 18580 Christopher Way
C. GASB 34 Report
258
CITY MANAGER' SREPORT PAGE 3
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2022- 99, LOCATED AT 18580 CHRISTOPHER WAY, FROM AT& T

APPROVALS
Bella) Nabizadah
Assistant Engineer
n—" ernandes
Director of Information Systems
i
5 /. 2
Date
L6211
Date
Ken Reed Date
Senior Construction Manager
Brad Taylor
City Engineer
Carl James
Finance Dir- tor
Date
3/ 25/' Zc) 4
3/ 6. 2ace'. 77
Date
3 . 2.. 5 • Z 62'- 1
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
StunSalvatore
City Manager
3 2$• 2e
Date
259
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2022- 99, LOCATED AT 18580 CHRISTOPHER WAY FROM NEW CINGULAR

WIRELESS PCS, LLC DBA AT& T
WHEREAS, on July 11, 2022, City Council approved an Option and Land Lease Agreement for a wireless communications facilities site lease with New Cingular Wireless PCS, LLC dba AT& T (AT& T), for the development and construction of a wireless communication tower ( Tower) on City Owned property near Christopher Way, and non- exclusive use of the Tower and ground space by AT& T; and WHEREAS, construction of the Tower and associated improvements are complete and AT& Thas offered the Tower and associated improvements to the City for acceptance. The approximate value of the improvements proposed to be accepted is $ 252, 32; and
WHEREAS, a performance bond ( No. SU1190308) was provided with EP 2022- 99 in the amount shown in Table 1 below that guaranteed the construction of the improvements. The performance bond will be released and replaced with the warranty bond by the City Engineer upon acceptance of the improvements Table 1
Description Performance Bond Warranty Bond
Number & Amount
Encroachment Permit
2022- 99
SU1190308
300, 00
SU1190308M
25,33
and
WHEREAS, staff has inspected the improvements listed in the GASB 34 Report and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and
WHEREAS, lien releases have been submitted for the improvements being accepted; and
WHEREAS, staff has received a one- year warranty bond that 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.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop does hereby approve and accept the improvements associated with EP No. 2022- 99, located at 18580 Christopher Way, from New Cingular Wireless PCS, LLC dba AT& T.
260
PASSED AND ADOPTED by the City Council of the City of Lathrop this 8th day of April 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TA FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 261
262

ATTACHMENT
CVL01950 - 18580 CHRISTOPHER WAY

AT& T TOWER AND CELL SITE INSTALL
TRITON TOWER, INC.

Item Quanity Unit Description Unit Price Amount

A STREET WORK
1 1 EA 6" COMMERCIAL DRIVE WAY $ 54, 850. 36 $ 54, 850. 36 2 40 FT SIDEWALK REPLACMENT $ 14. 45 $ 578. 00
3 60 SQ. FT. ASPHALT REPLACMENT ACROSS ROADWAY $ 197. 00 $ 11, 820. 0 4 1 EA TRAFFIC CONTROL AND BARRICADES $ 9, 612. 77 $ 7, 612. 77 TOTAL STREETWORK $ 74, 861. 13

B LANDSCAPING
1 1 EA EXCAVATION EQUIPMENT $ 60, 466. 63 $ 60, 466. 63 2 50 TON CLASS 2 BASE ROCK $ 67. 21 $ 3,60. 5
3 50 TON BACKFILLSAND $ 20. 62 $ 1, 031.0
TOTAL LANDSCAPE 64, 858. 13

C ELECTRICAL WORK
1 1 EA BORE 60' ACROSS ROADWAY FOR CONDUIT INSTALL $ 38, 421. 00 $ 38, 421. 00 2 1 EA PRECAST VAULT $ 15,92. 97 $ 15,92. 97
3 108 LF PVC CONDUIT FOR POWER RUN $ 5. 89 $ 636. 12

TOTAL ELECTRICAL

D TOWER INSTALLATION
1 1 EA
2 1 EA
3 1 EA

EQUIPMENT - CRANE

TOWER MATERIAL

TOWER FOUNDATION
54, 250. 09
12, 762. 50 $ 12, 762. 50
17, 895. 00 $ 17, 895. 00
27, 695. 00 $ 27, 695. 00
TOTAL TOWER INSTALLATION 58, 352. 50
TOTAL COSTS $ 252, 31. 85
263

PAGE LEFT

INTENTIONALLY
BLANK
264
ITEM 4. 13

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AUTHORIZE PARTICIPATION AND ALLOCATION OF

FUNDING FOR THE REGIONAL EARLY ACTION
PLANNING ( REAP 2.0) GRANTS FUNDS AWARDED TO

SAN JOAQUIN COUNCIL OF GOVERNMENTS ON

BEHALF OF THE SAN JOAQUIN COUNTY MEMBER

AGENCIES
RECOMMENDATION: Adopt a Resolution Authorizing Application for, and Receipt of, REAP 2. 0 Grant Program Funds Through
the San Joaquin Council of Governments
SUMMARY:

The State Department of Housing and Community Development ( HCD) created the Regional Early Action Planning ( REAP) program to help fund regional governments and entities for planning activities that would accelerate housing production. The primary goal of REAP 2. 0 funds is to advance and supplement regional housing production while focusing on infill housing, diverse housing options, and maximizing future funding opportunities. The estimated total allocated to the City of Lathrop is 714, 116. Staff identified the East Lathrop Stormwater Master Plan ( ELSMP) as a potential candidate to qualify for the REAP 2. 0 Grant Funding.

BACKGROUND:

In 2019, the State Department of Housing and Community Development ( HCD) created the Regional Early Action Planning ( REAP) program to help fund regional governments and entities for planning activities that would accelerate housing production. On August 9, 2021, the City Council adopted a Resolution authorizing staff to submit an application for the Regional Early Action Planning ( REAP) 1. 0 Grant Program Funds which included a $ 59, 890 allocation for the Integrated Water Resources Master Plan ( IWRMP).

More recently, REAP 2. 0 funds have been made available through HCD to the San Joaquin Council of Government ( SJCOG) member agencies. The primary goal of REAP

2. 0 funds is to advance and supplement regional housing production while focusing on infill housing, diverse housing options, and maximizing future funding opportunities. On December 24, 2022, SJCOG submitted an application to acquire REAP 2. 0 funds and received their letter of approval from HCD earlier this year. HCD has made available $ 10. 6 million for local government planning projects. Of the $ 10. 6 million, approximately $ 6. 9 million will be allocated for local programs and projects.

The estimated total allocated to the City of Lathrop is $ 714, 116.

One of the projects that staff has identified that qualifies for the REAP 2. 0 Grant Funding is the East Lathrop Stormwater Master Plan ( ELSMP). 265

CITY MANAGERS REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
REAP 2. 0 GRANT FUNDING
PAGE 2
One of the major constraints that hinders development in East Lathrop is the availability to utilize efficient stormwater management facilities. The ELSMP will provide a framework for the development of stormwater facilities in East Lathrop to allow potential development to occur with this area of Lathrop. Currently, developments are responsible for managing stormwater on -site reducing the availability of land for residential development.

The REAP 2. 0 Grant Applications are submitted to and administered by SJCOG. Once allocated, the City will submit an application to SJCOG for the REAP 2. 0 Grant Program.

RECOMMENDATION:

Staff recommends that the City Council consider all information provided and submitted, and if determined to be appropriate, adopt a resolution authorizing the City Manager to execute and submit the application for the REAP 2. 0 Grant Program Funds and appoint the City Manager, or designee, to execute the REAP 2. 0 Grant Application and amendments, if necessary.

FISCAL IMPACT:

There are potential positive fiscal impacts associated with the REAP 2. 0 Grant Program as the grant could fund up to $ 714, 116 in City of Lathrop projects. Staff is requesting the following budget amendments:

Increase Revenues
2160- 8000- 331- 0500
Increase Transfer Out
2160- 9900-90- 9010
Increase Transfer In
1010- 9900- 393- 0000
Increase Expenditures
1010- 2010- 420- 010
ATTACHMENTS:
714, 116. 00
714, 116. 00
714, 116. 00
714, 116. 00

1. City Council Resolution for the REAP 2. 0 Grant Application

2. 2023 Regional Early Action Planning Guidelines & Application Packet 266

CITY MANAGERS REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
REAP 2. 0 GRANT FUNDING
APPROVALS:

Associate Planner
es Michaels
Senior Planner
ck Cag '. t
omm , ity Development Director
Brad fi/ aylor
City ngine- r
Cari Jam
Finance ! ' rector
Salvador Navarrete
City Attorney
PAGE 3
3/? J174) 74/
Date

31. 29 /ioa. j
Date
3/ 2s/ so2y
Date
4/ 02.7
Date
3 `1 F" 1-
Date
Stephen7. Salvatore Date
City Manager
267
RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING THE PARTICIPATION AND ALLOCATION OF FUNDING FOR THE REGIONAL EARLY ACTION PLANNING ( REAP 2.0) GRANTS FUNDS

AWARDED TO SAN JOAQUIN COUNCIL OF GOVERNMENTS ON BEHALF OF

THE SAN JOAQUIN COUNTY MEMBER AGENCIES
WHEREAS, pursuant to Health and Safety Code section 50515 et. seq. the California Department of Housing and Community Development ( Department) has provided funds for the Local Government Planning Supports Grants Program hereinafter referred to by the Department as the Regional Early Action Planning Grants program or REAP); and
WHEREAS, SJCOG has been delegated the responsibility for the administration of the grant allocation, establishing necessary procedures; and WHEREAS, the Department awarded the allocation to SJCOG on behalf of San Joaquin County Member Agencies ( City of Escalon, City of Lathrop, City of Lodi, City of Manteca, City of Ripon, City of Stockton, City of Tracy, and County of San Joaquin); and
WHEREAS, SJCOG and participating member agencies, will conduct planning and implementation activities that will accelerate housing production and housing - related initiatives; and
WHEREAS, the City Council of the City of Lathrop desires to submit a REAP

2. 0 grant application package (" Application") to SJCOG for approval of grant funding for projects that advance and supplement regional housing production while focusing on infill housing, diverse housing options, and maximizing future funding opportunities.

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Lathrop, as follows:

Section 1. The City Manager or designee is hereby authorized and directed to apply for and submit a REAP 2. 0 Grant Application package to SJCOG.

Section 2. If the Application is approved by SJCOG, the City Manager or designee of the City of Lathrop (" Applicant") is authorized to submit the Application, enter into, execute, and deliver an SJCOG agreement in the amount of $ 714, 116, and any and all other documents required or deemed necessary or appropriate to evidence and secure the REAP 2. 0 grant, the Applicant' sobligations related thereto, and all amendments thereto.

Resolution No. 24-
268
Section 3. The Applicant shall be subject to the terms and conditions as specified in the SJCOG REAP 2. 0 Grant Guidelines and the Agreement provided by the SJCOG after approval. The Applicant and any and all accompanying documents are incorporated in full as part of the Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Agreement. Pursuant to the SJCOG REAP

2. 0 Grant Guidelines and in conjunction with the terms of the Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

BE IT FURTHER RESOLVED that a budget amendment is required as follows:

Increase Revenues
2160- 8000- 331- 0500
Increase Transfer Out
2160- 9900-90- 9010
Increase Transfer In
1010- 9900- 393- 0000
Increase Expenditures
1010- 2010- 420- 010
714, 116. 00
714, 116. 00
714, 116. 00
714, 116. 00
Resolution No. 24-
269
The foregoing resolution was passed and adopted this 8th day of April, 2024, 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 Resolution No. 24-
270
2023 Regional Early Action Planning ( REAP) Guidelines & Application Packet
Final Approved Month 20xx
271
Table of Contents
Overview
Timeline
Glossary of key terms
List of resources
Background
o REAP 2. 0 Advance Application Award Funding Framework o Allocation Formulas for Local Program and Projects
o Evaluation Criteria for Local Programs and Projects
o Eligibility
Application and Submittal Process
o Checklist
o Scoring Sheet
o Attachment C - REAP 2. 0 Reporting Form Excel Attachment " REAP - Local Jurisdiction Summary Template"
o Attachment D - REAP 2. 0 Council Resolution
o Attachment E - Signed Co -Op Agreement
1 272
Overview
Program Description & Background
These guidelines detail SJCOG' splan for allocating Regional Early Action Planning ( REAP) 2. 0 program funds. They specify eligible regional and local planning activities aimed at advancing SJCOG' sRegional Housing Priorities, adopted by the policy board in September 2020. The primary goal of REAP

2. 0 funds is to expedite and enhance regional housing
production, focusing on infill housing, diverse housing options, and maximizing future funding opportunities.

Attachments
Attachment A - Letter of Support ( Optional)
Attachment B - Project Map
Attachment C - " REAP - Local Jurisdiction Summary Template" Attachment D - REAP 2. 0 Signed Council Resolution
Attachment E - Signed Co -Op Agreement
Scoring Summary
REAP 2. 0 Objectives

1. Accelerating Infill Development

2. Affirmatively Furthering Fair
Housing

3. Reducing Vehicle Miles Traveled
Subtotal:

Primary Factors
Subtotal
Secondary Factors
Subtotal
Total Possible Points
Minimum 40 Points Required
24 24
24 72
Minimum 15 Points Required
23 Minimum 5 Points Required
5 100
Total Minimum Points Required 60
Eligible Projects
A project must meet all the following criteria to be eligible for Funding:

The project must meet all three REAP 2. 0 Program Objectives:
o Accelerate infill development that facilitates
housing supply, choice, and affordability.
o Affirmatively Further Fair Housing
o Reduce vehicle miles traveled
Eligible Applicants
Cities in the County of San Joaquin
County of San Joaquin
Program Manager
Joann Martinez
martinez@sicog. org
REAP 2•
Funding
Funding Source
California Department of Housing and
Community Development Regional
Early Action Planning Grants of 2021
REAP 2.0) - State General Fund
Expenditure Deadline
All funds must be expended on the
project by December 31, 2025
Available Funding
Total funding available: $ 10. 6 million
Program Administration
5° l $ 530, 626
Regional Supportive Infrastructure & Clean
Mobility Initiatives
21% 82, 183, 754
Regional Housing Acceleration Fund Set Aside
9% 81, 000,00
Formula Funded Local Programs and Projects
65% $ 6, 898, 134
Formula Funded Local Programs and Projects
Stockton
San Joaquin County
Tracy
Manteca
Lodi
Lathrop
Ripon
Escalon
Population Allocation " 0.5) +
RHNA Allocation * 0.5)
1, 938, 577
1,05, 464
1,24, 509
909, 27
8506, 170
714, 116
300, 00
300, 00
Example Projects
Rezoning and updating planning
documents and zoning ordinances
Conducting infrastructure plans and
studies
Affordable housing predevelopment
costs and construction
Capital investments that support
future housing development
2 273
Timeline:

Activity:

Final REAP Guidelines Project Application Release
Date:

March 2024
Project Applications with Resolutions Due April 15 2024 Application Review April 30 2024
Co -Operative Agreement Issuance May 2024
Final Invoice to SJCOG September 30, 2025
Expenditure Deadline
All funds must be expended on the project by:

December 31, 2025
Technical Assistance ongoing through December 2025)
Page Break
3 274
Glossary of Key Terms
Accelerating Will Housing Production or Accelerating Infill Development, Including Housing means planning, infrastructure, and other investment and actions that improve the affordability, timing, cost, feasibility, approval, and amount of Housing development.

Affirmatively Furthering Fair Housing (AFFH), under Government Code section 8899. 50, means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, Affirmatively Furthering Fair Housing means taking meaningful actions that, taken together, address significant disparities in Housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with Civil Rights and Fair Housing Laws.

Affordable housing means housing that does not cost more than 30 percent of the gross income of Lower- and Moderate -income Households.

Alternative Planning Strategy refers to the document, if any, prepared by a metropolitan planning organization pursuant to paragraph ( 1) of subdivision ( b) of Section 65080 of the Government Code.

Areas of High Segregation and Poverty means areas that meet consistent standards for both poverty ( 30 percent of the population below the federal poverty line) and racial segregation overrepresentation of people of color relative to the county).

California Department of Housing and Community Development ( HCD) is the State agency administering the Regional Early Action Planning Grant of 2021 ( REAP 2.0).

Capital project is a type of project that will eventually result in the construction of public improvements. Project phases can include environmental, design ( conceptual, preliminary, or final), right- of- way, and construction.

Disadvantaged and Historically Underserved Communities includes concentrated areas of poverty; Areas of High Segregation and Poverty and areas of low to moderate access to opportunity ( TCAC/ HCD Opportunity Area Maps); Communities of Concern, Disadvantaged Communities ( SB 535 Disadvantaged Communities Map), and Low Income Communities pursuant to Senate Bill 535 ( De Leon, Chapter 830, Statutes of 2012) and Assembly Bill 1550 Gomez, Chapter 369, Statutes of 2016); areas of high Housing cost burdens; areas with high vulnerability of displacement; areas related to Tribal Entities; and other areas experiencing disproportionate impacts of California' sHousing and climate crisis. Applicants may propose alternative definitions to Disadvantaged and Historically Underserved Communities in consultation with the Department and the State Collaborative Partners.

Grant term is when expenses for project -related activities can be incurred to be eligible for reimbursement and begins when the Notice to Proceed is issued and extends until the grant termination date.

Grantee is an organization that has been awarded funding through the REAP 2. 0 Program and has entered into a grant agreement with SJCOG.

HCD ProHousing Designation Program is a program developed by HCD. It provides incentives to cities and counties in the form of additional points or other preferences in scoring competitive housing, community development, and infrastructure programs. 4 275
Higher Resource Communities or Areas means those areas designated as " highest resource" and " high resource" as defined by the most recent TCAC/ HCD Opportunity Area Maps.

Housing Trust Fund means a Local or Regional Housing Trust Fund that is required to be a public, joint public and private, or charitable nonprofit organization organized under Section 501( c)( 3) of the Internal Revenue Code, which was established by legislation, ordinance, resolution ( including nonprofit articles of incorporation), or a public -private partnership organized to receive specific public, or public and private, revenue to address local or regional Housing needs.

InfiII means, for REAP 2. 0, areas where all the following apply: (1) the area consists of unused and underutilized lands, ( 2) within existing development patterns that include a diversity of land uses, and (3) that is accessible to destinations and daily services by transit, walking, or bicycling and located in either:
a) An urban center, urban corridor, or area with transit -supportive densities, or b) An established community that meets all the following criteria:

The area consists of or previously consisted of qualified urban uses ii. The area is predominantly surrounded ( approximately 75 percent of the perimeter) by parcels developed or previously developed with qualified urban uses. In counting this, perimeters bordering navigable bodies of water and improved parks shall not be included, and
No parcel within or adjoining the area is classified as agricultural or natural and working lands.

Projects located within a Mobility Hub, Transit Priority Area, or Low VMT Area meet the definition of Infill.

Low VMT Areas generally refer to areas requiring less driving and providing better access to daily destinations such as jobs and services. Under HAP, low VMT areas are Traffic Analysis Zones with 2035 residential per capita VMT below the regional mean, as identified through Senate Bill ( SB) 743 technical guidelines and " Potential Areas for Transit Priority Projects" as defined under SB 375.

Major transit stop is a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a
frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. Match percentage is calculated by dividing the total match amount by the sum of the matching funds and the grant award.

Matching funds is the funding other than the grant award that contributes to the total project cost. It is often represented as a percentage of the total project cost.

Mobility Hubs are communities with a high concentration of people, destinations, and travel choices. They provide an integrated suite of mobility services, safe roads, and supporting amenities and technology to help people reach high -frequency transit or make short trips around a community. Mobility Hubs can span one, two, or a few miles, and each hub is uniquely designed to fulfill a variety of travel needs while strengthening the sense of place.

Multimodal Communities are those which are served by a variety of travel options that accommodate a variety of transportation modes for the public to access daily destinations.

Multimodal options can include but are not limited to, complete street improvements for active transportation, improving access to transit, and creating high -quality transit stops.

Planning project is a type of project that includes plans and processes that accelerate housing production but will not directly result in the construction of a public improvement project.

Examples include technical assistance in improving housing permitting processes, tracking systems, and planning tools; performing feasibility studies to determine the most efficient 5 276
locations to site housing; and temporary staffing or consultant needs associated with these activities.

Qualitative or subjective evaluation criteria are those criteria in which discretion is needed to provide a score. Often qualitative criteria seek to evaluate how well an applicant responded to an application question or how well the proposed project will achieve a stated goal.

Quantitative or objective criteria are those criteria that a formula or conditional statement is used to provide a score. Often quantitative criteria seek to evaluate a project -related data point or metric against a range or scale and assign a point value based on where the data point or metric falls within the range or scale. Other quantitative criteria assign a point value based on responses to a conditional statement, such as a yes/ no question or the presence or absence of a condition.

Regional Early Action Planning 2021 ( REAP 2.0) is a grant program that provides one- time grant funding to regional governments and entities for planning activities and capital projects that will accelerate housing production and progress toward our state climate commitments.

REAP 2. 0 Program Goal is to invest in housing, planning, and Infill housing -supportive infrastructure across the entire state in a manner that reduces VMT, increases housing affordability, and advances equity, consistent with all of the following:

Advancing the State Planning Priorities
Affirmatively Furthering Fair Housing; •
Facilitating housing element compliance and progress for the sixth cycle Regional Housing Needs Assessment
Advancing and implementing the region' s
SCS to achieve climate goals.

REAP 2. 0 Program Objectives are the objectives that a project must meet in order to be eligible for HAP. They are:

Accelerating infill development that facilitates housing supply, choice, and affordability.

Affirmatively Furthering Fair Housing
Reducing vehicle miles traveled Regional Housing Needs Assessment ( RHNA) is codified in state law at Government Code Section 65580, et seq.

It quantifies the need for housing and informs land use planning in addressing identified existing and future housing needs resulting from population, employment, and household growth.

SJCOG is responsible for overseeing the RHNA process for the San Joaquin region and is currently overseeing the 6th cycle RHNA, which covers the planning period from 2021-029 Total Project Cost is calculated as the sum of the grant award and the matching funds.

Traffic Analysis Zone ( TAZ) is a geographic unit used for transportation modeling. A TAZ is smaller than a census tract. Transformative and innovative activities under REAP 2. 0 means housing, planning, infrastructure investments supporting infill development, and other actions that enable a local jurisdiction to meet its housing goals that also result in per capita vehicle miles traveled reductions, including accelerating infill development, supporting residents through realizing multimodal communities, shifting travel behavior through reducing driving, and increasing transit ridership.

Transformative and innovative activities are meant to address these goals together and to lead to changes in land use patterns and behaviors.

Transit Priority Areas ( TPAs) are areas within a half -mile of a major transit stop that are existing or planned. Under SB 743, local jurisdictions can potentially use streamlined environmental review for projects within TPAs.

Vehicle Miles Traveled ( VMT) is the total number of miles traveled on all roadways by all vehicles. 6 277
VMT per capita means the number of Vehicle Miles Traveled per person. It is calculated by dividing the total annual miles of vehicle travel by the total population in a state or an urbanized area.

List of Resources
Resource/ inks
HCD AFFH Data and Mapping
What to do?
Applicants can use this interactive
resource from HCD to fulfill a state
obligation to proactively combat
discrimination and increase access to
safe, affordable homes near jobs,
schools, healthcare, and parks for all
Californians, especially those who face
barriers because of their race, sex,
income, and other characteristics. In this
tool, users can explore data relating to
Fair Housing Enforcement, Segregation
and Integration, Disparities in Access to
Opportunity, Disproportionate Housing
Needs, Racially/ Ethnically Concentrated
Areas of Poverty, and more.

HCD Housing Planning Hub Provides resources for accelerating housing production.

TCAC/ HCD 2023 Opportunity Map The TCAC/ HCD Opportunity Map identifies areas whose characteristics
have been shown by research to be most
strongly associated with positive
economic, educational, and health
outcomes for low- income families -
particularly long- term outcomes for
children - when compared to other
neighborhoods in the same region. The
map also identifies areas in California
that are both high poverty and racially
segregated. Use the tool to identify the
opportunity category that applies to the
project and to respond to questions
based on the type of opportunity
category that applies to the project.

SJCOG 6th Cycle Regional Housing Needs Review RHNA resources. RHNA is Assessment mandated by state law, quantifies the
need for housing, and informs land use
planning in addressing identified existing
and future housing needs resulting from
population, employment, and household
growth.

California Climate Change Scoping Plan. Explains how the proposed use promotes development and housing production in
infill locations consistent with the state'
climate targets and goals discussed in
the
278
2022 RTP/ SCS Explains how the project is consistent with SJ COG' sland use strategies and what
performance indicators best align with
your project and how,
Background
In 2019, HCD established the REAP program to provide one- time grant funding to regional governments and entities for planning activities to accelerate housing production. REAP 2. 0 builds on the success of 2019' s REAP program but expands the focus by integrating housing and climate goals and allowing for broader planning and implementation investments, including infrastructure that supports future housing development. REAP 2. 0 activities must meet multiple state objectives by prioritizing infill development, providing housing for people of all incomes, placing housing in locations with good transportation options to reduce the need to drive, affirmatively furthering fair housing, and accelerating the implementation of existing regional and local plans to achieve these goals.

REAP 2. 0 Advance Application Award Funding Framework
In December 2022, the SJCOG board approved the REAP 2. 0 funding framework that was proposed by SJCOG staff after staff considered input from committees, stakeholders, and the board. The following table shows the approved funding framework:

Program Administration
5% $ 530, 626
Regional Supportive Infrastructure & Clean Mobiliiy Initiatives 21% $ 2, 183, 754
Regional Housing Acceleration Fund Set Aside
9% $ 1, 000,00
Formula Funded Local Programs and Projects
65% $ 6, 898, 134
Of the total grant award of $10. 6 million, almost $ 6. 9 million ( or 65 percent) will be reserved for formula funded local programs and projects. SJCOG submitted a REAP 2. 0 grant application to HCD on December 24, 2022. SJCOG is currently working with HCD on clarifications and requested additional information prior to receiving final HCD approval of the full program of projects.

Allocation Formulas for Local Program and Projects
Utilizing a combination of both the population and RHNA formula options, each weighted at 50 percent, to determine REAP 2. 0 allocations for local jurisdictions. This approach was proposed to strike a balance. The RHNA inclusion in the formula benefited jurisdictions with higher RHNA housing obligations for affordable housing, enabling them to receive more REAP 2. 0 funds to expedite affordable housing construction. Simultaneously, the population factor remained a crucial component, allowing jurisdictions like Stockton and San Joaquin County, which had significant numbers of lower -income households, to receive higher allocations than if solely relying on the RHNA formula, Together, Stockton and San Joaquin County accounted for 69. 7 percent of the lower -income households in the region.
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This recommended allocation formula ensured fairness for jurisdictions with varying RHNA obligations and those already having a substantial number of affordable housing units. Furthermore, this formula aligned with the objectives of the REAP 2. 0 program, which sought to accelerate affordable housing production, especially in high -resource areas ( affirmatively furthering fair housing) and revitalize disadvantaged and historically underserved communities.

When the allocation formula was applied to the $6. 9 million allocated for local programs and projects, ensuring a $300, 00 minimum, the allocation for each jurisdiction was as follows:

Population Allocation ' 0.5) +
RHNA Allocation * 0.5)
Stockton $ 1, 938, 577
San Joaquin County $ 1,05, 464
Tracy $ 1,24, 509
Manteca $ 909, 27
Lodi $ 506, 170
Lathrop $ 714, 116
Ripon $ 300, 00
Escalon $ 300, 00
In comparison to the population formula option that was used for the allocation of REAP 1. 0 funds, Lodi, San Joaquin County and Stockton would receive less funds but more than what they would receive using the RHNA formula option. Lathrop, Manteca, and Tracy would receive more funds with the staff -recommended option than the population formula option. Lathrop will gain the most due to its very high RHNA obligation in relation to its population.

Evaluation Criteria for Local Programs and Projects
SJCOG staff has prepared evaluation criteria to determine whether a project or program proposed by a local jurisdiction qualifies to receive REAP 2. 0 funds. The criteria are divided into three sections. The most important evaluation section covers the REAP

2. 0 objectives. A project must meet each of the three objectives. Other sections include the primary factors which are from the REAP 2. 0 guidelines and the secondary factors that demonstrate the thoroughness of the application and the deliverability of the project. A minimum of 60 points is required for a project to receive REAP 2. 0 funds. The maximum possible number of points is 100.

Eligibility
This is a flexible program. Funds can be utilized for planning efforts, or for implementing existing plans, as they relate to housing and infrastructure to support new housing.

All REAP 2. 0 applications must satisfy both housing and VMT reduction goals while emphasizing the nexus between housing and climate change in ways that advance equity and improve underlying social and health vulnerabilities that may have contributed to more severe public health outcomes of the pandemic, Statute does specify the following broad categories of eligible uses, though the program does allow some flexibility, and proposed uses must demonstrate a nexus to all program objectives:

Accelerating infill housing development
9 280
Realizing multimodal communities
Shifting travel behavior by reducing driving
Increasing transit ridership
See REAP 2. 0 Final Guidelines for more information
10 281
Application and Submittal Process Checklist
San Joaquin Council of Governments
555 E WEBER AVENUE STOCKTON, CA 95202- 2804
PHONE: 209-35- 0600; FAX: 209-35- 0438
CONTACT: JOANN MARTINEZ 209- 325- 0582 MARTINEZ@SJCOG. ORG APPLICANT INFORMATION: SUBCONSULTANT INFORMATION:

Agency Name: Organization
Name:

C CBO
Agency Type:

City Organization 11Nonprofit Developer
County Type: For Profit Developer
Other:

Mailing
Address:

Authorized
Representative
Name 8( Title:

Authorized
Representative
Email Address:

PROJECT INFORMATION:

Mailing Address:

Authorized
Representative
Name & Title:

Authorized
Representative
Email Address:

Number of
projects
submitted:

Project Title:

Yes No
Amount of
REAP 2. 0
funds
requested for
project:

PROJECT SCHEDULE AND BU
Please provide a description of the proposed project.
11 282
Text
Project Schedule And Budget
Project Location:

Please describe the
project' sgeneral
location( s) and include
an attached project
map.

Text
Project Tasks:

Please describe and
outline tasks
Budget Start
Date
End
Date
Tasks & Deliverables
Total
ECT< A N ENT WITH REAP 2. 0 OBJECTIVES, PRIMARY, SECONDARY FACTO RS CHECKLIST:; Please fill out the tables below to demonstrate how the proposed project adheres to all REAP

2. 0 criteria. Please answer questions with concise sentences. 1-2 sentence answers are preferred but not required.

Does the project accelerate infifl development near jobs and other key destinations to support increasing housing choices and affordability that effectively reduce VMT and greenhouse gas emissions?
Text
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Is the project at an infill site and does it have affordability components that serve lower and moderate -income households? ( Note: Use definition for infill in REAP 2. 0 Guidelines).

Text
Is the project for affordable housing development programs that accelerate the supply of long- term affordable housing for lower and moderate -income households? This may involve predevelopment costs ( e.g. studies, land acquisition, entitlements), large expenditures and capital investments. Affordable housing developments can include mixed - uses ( e.g. a minimum of 65 percent total floor area).

Text
Optional) Is the project
located in a federally
recognized Opportunity
Zone as defined by the
U. S, Department of
Transportation?
Yes No E
Does the project accelerate the supply of long- term affordable housing for lower and moderate -income households in a high or highest resource area as identified in the CTCAC/ HCD Opportunity Areas Maps? This may include but are not limited to: enhancing housing mobility strategies that remove barriers to housing, housing- supportive infrastructure, and transportation in areas of opportunity.

Text
Does the project focus on conserving and improving assets in a SB 535 disadvantaged community such as: targeting investments in neighborhood revitalization, preserving or rehabilitating existing affordable housing, improving infrastructure, schools, employment, parks, transportation and other community amenities? If there is no SB 535 disadvantaged community within a jurisdiction, then the project focus should be conserving and improving assets in an area (US. Census block group) where the median household income is at least 20 percent below the jurisdiction median household income.

Text
Does the project target funding to benefit a SB 535 disadvantaged community or if there is no SB 535 disadvantaged community within the jurisdiction, does the project target funding to an area (U. S. Census block group) where the median household income is at least 20 percent below the jurisdiction median household income.

Text
Does the project protect existing residents from displacement and preserve housing choices and affordability in areas of lower or moderate resource areas as identified in the CTCAC/ HCD Opportunity Area Maps or in SB 535 disadvantaged communities ( or if there is no SB 535 disadvantaged community, located in a block group where median household income is at least 20 percent below the jurisdiction median household income) 13 284
Text
If the project involves land use planning, policies and investment strategies, does it encourage infill development by facilitating housing supply, choice, and affordability and is serviced by existing and planned expansions of a multimodal transportation system? Text
If the project involves transportation planning, does it increase travel options to homes, jobs, services, and other key destinations that provide, support, or enhance multimodal communities and reduce the number or length of vehicle trips?
Text
Optional) Explain how the project is consistent with SJ COG' s2022 RTP/ SCS land use strategies and what performance indicators best align with your project and how.

Text
Project Alignment with REAP 2. 0Primary Factors: Explain how your proposed project complies with the six factors below as applicable
Factor 1: Supporting Compliance with your Jurisdiction' sHousing Element for the 6th Cycle Regional Housing Needs Assessment ( 2 points)
Text
Factor 2: Transformative Planning and Implementation Activities Does the project provide for housing, planning, or infrastructure investments supporting infill housing, and other actions that enable meeting housing goals that also result in per capita vehicle miles traveled reductions, including accelerating infill development, supporting residents through realizing multimodal communities, shilling travel behavior through reducing driving, and increasing transit ridership? 5 points)
Text
Factor 3: Public Outreach

1. Did the proposed project arise from or go through a public process to solicit community input?

2. If this is a planning project, does the scope of work include a public process? 4 points)
Text
Factor 4: Benefit to Disadvantaged Populations; Does the project target funding to a SB 535 disadvantaged community or target funding to housing projects that are affordable to lower or medium income households? (6 points)
Text
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Factor 5: Significant Beneficial Impacts; Does the project lead to substantial changes in land use patterns and travel behaviors, demonstrated by:
a. A rate of change compared to the baseline; or
b. The magnitude of impact relative to variables or targets; or c. The proportion of need achieved; or
d. The impact relative to past trends, policies, and practices? Note: For more information, see Section 203( A)( 2) in the Regional Early Action Planning Grants of 2021 ( REAP 2.0) Guidelines.
4 points)
Text
Factor 6: California Planning Priorities
Explain how the project supports promotion of infill development and equity by rehabilitating, maintaining, and improving existing infrastructure that supports infili development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas, and preserves cultural and historic resources.

Explain how the project supports protection of environmental and agricultural resources by protecting, preserving, and enhancing the state' most valuable natural resources, including working landscapes such as farm, range, and forest lands; natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands; recreation lands such as parks, trails, greenbelts, and other open space; and landscapes with locally unique features and areas identified by the state as deserving special protection.

Explain how the project encourages efficient development patterns by ensuring that any infrastructure associated with development does all of the following:
o Uses land efficiently; and
o is built adjacent to existing developed areas; and
o Is located in an area appropriately planned for growth; and o Is in a location served by adequate transportation and other essential utilities and services; and
o Minimizes ongoing costs to taxpayers.
1 point each, maximum 3 points)
Text
Project Alignment with REAP 2. 0 Secondary Factors: Explain how your proposed project complies with the two factors below as applicable
Factor 1: Project Scope of Work and Budget; A
scope of work, schedule and budget must be
included as part of the grant application. Are
these included in this application? (2 points)
Yes No
Factor 2: Project Risk Assessment:

1. Has the applicant thoroughly considered risks associated with delivering the project consistent with the scope of work and budget?
2, Has the applicant demonstrated realistic means for mitigating risk associated with delivering the project?
1 Point Each, Maximum 2 Points)
Text
15 286

RESOLUTION OF SUPPORT FROM SJCOG POLICY BOARD SIGNATURE FOR Authorized
Representative
Name:

Date:

Page Break
HR Manager
5/ 7/ XX
Signature:
16 287
Scoring Methodology
Please fill out your score on the " self -score" column Scoring Summary
REAP 2: O Objectives (Min mur
earn points for each objective
Accelerating Infill Development
Accelerate infill development near jobs and key
destinations to increase housing choice and affordability Located on infill site and have affordability component Accelerate the supply of long- term affordable housing
for lower- and moderate -income households
Affirmatively Furthering Fair Housing
Accelerate the supply of affordable housing in high or
highest resource area
Conserve and improve assets in SB 535 disadvantaged
community
Target funding to benefit an SB 535 disadvantaged
community
Project protects existing residents from displacement and preserve housing choices and affordability in areas of
lower or moderate resource areas
Reducing Vehicle Miles Traveled
Planning project or program - encourages infill
development by facilitating housing supply, choice, and affordability and is serviced by existing and planned
expansions of a multimodal transportation system
Transportation planning - increases travel options to
destinations that provide, support, or enhance
multimodal communities and reduce the number or
length of vehicle trips.

Possible Self -Score
Maximum Score
Prima F ctors (Mini
Housing Element Compliance
Transformative Planning and Implementation Activities
Public Outreach
Benefit to Disadvantaged Populations
Significant Beneficial Impacts
California Planning Priorities
Scope of Work and Budget
Project Risk Assessment
Total Possible Points
Page Break
17 288
Attachment C: REAP 2, 0 Reporting Form Excel " REAP - Local Jurisdiction Summary Template"
18 289
Attachment D - REAP 2. 0 Signed Council Resolution
Resolution
Name of Metropolitan Planning Organization)

APPROVING THE PARTICIPATION AND ALLOCATION OF FUNDING FOR THE REGIONAL

EARLY ACTION PLANNING GRANT ( REAP) FUNDS AWARDED TO SAN JOAQUIN COUNCIL OF GOVERNMENTS ON BEHALF OF THE SAN JOAQUIN COUNTY MEMBER AGENCIES.

WHEREAS, the Housing and Community Department ( HCD) have provided funds for the program shown above; and
WHEREAS, the provided funds by HCD have been made available through the San Joaquin COG on behalf of HCD; and
WHEREAS, the San Joaquin COG signed a Standard Agreement to facilitate the regional sub -allocations ( Exhibit A); and
WHEREAS, SJCOG has been delegated the responsibility for the administration of the grant allocation, establishing necessary procedures; and WHEREAS, the Housing and Community Development Department ( HCD) awarded the allocation to SJCOG on behalf of San Joaquin County Member Agencies ( City of Escalon, City of Lathrop, City of Lodi, City of Manteca, City of Ripon, City of Stockton, City of Tracy, and County of San Joaquin); and
WHEREAS, SJCOG and participating member agencies, will conduct planning and implementation activities that will accelerate housing production and housing -related initiatives; and
NOW, THEREFORE, BE IT RESOLVED THAT THE ( INSERT LOCAL AGENCY):

1. Conducts activities consistent with the grant requirements; and

2. Commits to providing documentation of work completed and other deliverables consistent with the grant requirements, and;

3. Total invoicing shall not exceed the allotted share as stipulated in Table 1 of SJCOG REAP Grant Guidelines,
Approved and adopted the of , 2024. I, the undersigned hereby certify that the foregoing Resolution was duly adopted by the (Name of the Local Agency) Following Roll Call Vote:

Name of CITY MANAGER} Signature
Clerk/ Scretary for the Governing Board
Ayes: Nos: Absent:

Page Break
19 290
Attachment E - Signed Co -Operative Agreement
REGIONAL EARLY ACTION PLANNING (" REAP") FUNDS COOPERATIVE AGREEMENT ( 0- 24- xxx) FOR THE ( LOCAL JURISDICTION)
This COOPERATIVE AGREEMENT ( hereinafter " Agreement"), effective as of Month Day, 2024 is made and entered into by and between SAN JOAQUIN COUNCIL OF GOVERNMENTS a Joint Powers Authority established under California Government Code section 6500 et seq. (hereinafter " SJCOG") and, (LOCAL JURISDICTION) hereinafter " Sponsor");

RECITALS
WHEREAS, the California Department of Housing and Community Development ( HCD) has provided funds for the Regional Early Action Planning Program; and WHEREAS, the provided funds by HCD have been made available through San Joaquin Council of Governments ( SJCOG); and
WHEREAS, SJCOG has been delegated the responsibility for administration of the grant allocation, establishing necessary procedures; and
WHEREAS, HCD awarded the allocation to SJCOG on behalf of the region and San Joaquin County Member Agencies ( City of Escalon, City of Lathrop, City of Lodi, City of Manteca, City of Ripon, City of Stockton, City of Tracy, and County of San Joaquin); and
WHEREAS, SJCOG and participating member agencies, will conduct planning activities that will accelerate housing production and housing -related initiatives, NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto agree as follows:

This Agreement is fully comprised of these terms and the attached exhibits which are incorporated by herein by reference. The exhibits attached to this Agreement are:

Exhibit A- Scope of Work
Exhibit B- Signed Resolution
Exhibit C- Final REAP Guidelines

AGREEMENT
1 . 1 Project Description. The project description, scope of work, delivery schedule, and the anticipated timing for release of REAP funds are specified in Exhibit " A" and incorporated herein by this reference.
1, 2 Change In Project Scope. A change in the project scope as described by Exhibit A" may not be implemented until it has been approved by SJCOG. 1, 3 Eligible Reimbursement Costs. Eligible reimbursement costs shall be those costs as defined by the statutes, rules and regulations of the State of California Housing and Community Development Department.
20 291

1. 4 Use of Funds. Sponsor shall use REAP funds consistent with the Project Scope of Work, as described in Exhibit "A" or approved by SJCOG pursuant to Section 1. 2.

1. 5 Timely Use of Funds. REAP funds are one- time housing planning funds with an expenditure deadline of December 31, 2025. SJCOG staff will monitor expenditures on an annual basis to minimize the risk of losing funds that are intended to benefit the region. If expenditures are behind schedule, SJCOG staff may reach out to Sponsor to determine a schedule to expend funds or whether it may be appropriate to reprogram funds. To meet the state expenditure deadline and submit required reporting and invoicing, all REAP funds shall be expended by August 31, 2025.

1. 6 Completion of Project. Sponsor shall be responsible for the timely completion of the Project and to provide management of consultant and contractor activities, including responsibility for schedule, budget and oversight of the services, consistent with the scope of work. The Cooperative agreement end date is December 31, 2025.

1. 7 Invoices and Progress Reports. Sponsor shall submit an invoice and progress report on a quarterly basis for eligible expenses incurred for activities conducted over the cooperative agreement period.

IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above,

LOCAL JURISDICTION) SAN JOAQUIN COUNCIL OF

GOVERNMENTS
BY: BY:

NAME: NAME: DIANE NGUYEN, EXECUTIVE
DATE: DIRECTOR
DATE:

ATTEST ATTEST
BY: BY:

NAME: NAME: STEVE DIAL, Deputy Executive
DATE: Director/ CFO
DATE:

APPROVED AS TO FORM
BY:

NAME:

DATE:
21 292
ITEM 4. 14

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER

FOR THE CONSTRUCTION OF PAVEMENT
REHABILITATION, CIP PS 24-9 AND APPROVE

BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to DSS Company dba Knife River Construction for
Construction of CIP PS 24-9 Pavement
Rehabilitation and Approve Budget Amendment
SUMMARY:

On February 12, 2024, City Council approved the creation of Capital Improvement Project ( CIP) PS 24-9 Pavement Rehabilitation ( Project) to correct existing road deficiencies in the Woodfield community area. The Project will repair the deteriorated pavement on Cherry Hills Drive, Cherry Hills Court, Kilarney Drive, and Kilarney Court.

The scope of work consists of a full -reconstruction pavement treatment that will use the existing pavement section material as the base for the new roadway - wearing surface.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on February 13, 2024, 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 nine ( 9) bids on February 29, 2024.

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 $ 582, 982.

Staff requests City Council award a construction contract to Knife River for construction of the Project in the amount of $ 582, 982 and authorize a 10% construction contingency of $ 58, 298 for a total cost not to exceed $ 641, 280.

CIP PS 24-9 currently has a balance of $ 96, 280 therefore staff is also requesting Council approve budget amendment transferring $ 545, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) to fund the construction contract and a 10% contingency.

BACKGROUND:

Staff identified the need to repair the pavement within the Woodfield community area.

On July 2023, CIP PS 22-9 Road Maintenance and Rehabilitation Project completed the reconstruction of Prairie Dunes Drive. To continue the repair and rehabilitation of this residential area, staff created CIP PS 24-9 for Pavement Rehabilitation on Cherry Hills Drive, Cherry Hills Court, Kilarney Drive, and Kilarney Court. 293
CITY MANAGER' S REPORT PAGE 2
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER FOR CONSTRUCTION OF CIP PS 24-9 PAVEMENT REHABILITATION AND APPROVE BUDGET

AMENDMENT
The Project will implement a full -reconstruction pavement treatment to rehabilitate the project locations using the existing pavement section material as the base for the new roadway -wearing surface. This treatment produces a cost- effective solution to repair alligator, transverse, longitudinal, and reflection pavement cracking.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on February 13, 2024, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.

Nine ( 9) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:

Table 1: Summary of Bid Results
Contractor Base Bid
DSS Company dba Knife River Construction 582, 982
McGuire & Hester 594, 490
George Reed, Inc. 621, 876
Consolidated Engineering, Inc. 649, 307
Tom Mayo Construction, Inc. 675, 012
United Pavement Maintenance, Inc. 740, 060
All-merican Construction, Inc. 794, 990
B&M Builders, Inc. 846, 140
Central Valley Engineering & Asphalt, Inc. 980, 189. 50 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 $ 582, 982.

Staff also requests City Council authorize a 10% construction contingency of $ 58, 298 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 641, 280.

REASON FOR RECOMMENDATION:

Construction of CIP PS 24-9 Pavement Rehabilitation is needed to correct existing roadway pavement deficiencies and increase motorists' safety within the Woodfield community area.

FISCAL IMPACT:

Sufficient funds were not allocated in the approved FY 23-4 budget, thus staff is also requesting the approval of a budget amendment transferring $ 545, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
294
CITY MANAGER' S REPORT PAGE 3
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER FOR CONSTRUCTION OF CIP PS 24-9 PAVEMENT REHABILITATION AND APPROVE BUDGET

AMENDMENT
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
ATTACHMENTS:
545, 000
545, 000
PS 24-9 $ 545, 000
PS 24-9 $ 545, 000
A. Resolution to Award a Construction Contract to DSS Company dba Knife River Construction for Construction of CIP PS 24-9 Pavement Rehabilitation, and Approve Budget Amendment
B. Construction Contract with DSS Company dba Knife River Construction for Construction of CIP PS 24-9 Pavement Rehabilitation
295
CITY MANAGER' SREPORT PAGE 4
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER FOR CONSTRUCTION OF CIP PS 24-9 PAVEMENT REHABILITATION AND APPROVE BUDGET

AMENDMENT
APPROVALS:
03- 25-021
Ange[barca Date
Assistant Engineer
6»( 0, Q,
Ken Reed Date
Senior Construction Manager
3 -25 -202{
Brad ` aylor
City Engineer
Cari Jam
Director o% - Finance
Date
3/ 26/ 70P- 1
ii,)( 010202(
Date
3 • Zhc • 2o24
Michael King Date
Assistant City Mana
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
296
RESOLUTION NO. 24-

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 PAVEMENT REHABILITATION, CIP PS 24-9 AND APPROVE BUDGET AMENDMENT
WHEREAS, on February 12, 2024, City Council approved the creation of Capital Improvement Project ( CIP) PS 24-9 Pavement Rehabilitation ( Project) to correct existing road deficiencies in the Woodfield community area; and WHEREAS, the Project will repair the deteriorated pavement on Cherry Hills Drive, Cherry Hills Court, Kilarney Drive, and Kilarney Court; and WHEREAS, the scope of work consists of a full -reconstruction pavement treatment that will use the existing pavement section material as the base for the new roadway - wearing surface; and
WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on February 13, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, nine ( 9) bids were received and opened on February 29, 2024; 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 $ 582, 982; and WHEREAS, staff is requesting City Council award a construction contract to Knife River for the construction of CIP PS 24-9 in the amount of $ 582, 982 and authorize a 10% construction contingency of $ 58, 298 for a total cost not to exceed 641, 280; and
WHEREAS, CIP PS 24-9 currently has a balance of $ 96, 280, staff is also requesting Council approve budget amendment transferring $ 545, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:

Decrease Street Reserves
1010- 251- 03-0 $ 545, 000
Increase Transfer Out
1010- 9900-90- 9010 $ 545, 000
297
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
PS 24-9 $ 545, 000
PS 24-9 $ 545, 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 CIP PS 24-9 Pavement Rehabilitation for a cost of $ 582, 982; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 10% construction contingency of $ 58, 298 for a total cost not to exceed $ 641, 280 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 $ 545, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project ( 3310) as detailed above. 298
The foregoing resolution was passed and adopted this 8t" day of April 2024, 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 299

ATTACHMENT

CONSTRUCTION CONTRACT
This Contract, dated April 8th 2024, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and DSS Company dba Knife River Construction ( Contractor), whose Taxpayer Identification Number is For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:

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

2. General Scope of Project and Work. Construction Documents for Pavement Rehabilitation, CIP PS 24-9 (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/ rightlane 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 restriped to delineate the reconfigured lanes, shoulders, crosswalks and directional arrows.

The work shall be completed within 60 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: $582, 982

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 February 29, 2024. 300
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' sBid 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 of the Project site, or any part thereof, or which arises from Contractor' sfailure 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 ofCity or any ofits 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. 301
A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.

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

DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault 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' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification 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' sSubcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
302
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' sstrict 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' senforcement 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' sobligation 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' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
303
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event ofnoncompliance 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 ofOne- 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.
304

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty 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' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
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;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
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 305
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' sProject -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:

To Contractor:

Phone:

Fax:

ATTN:

City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
306

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a
copy of any corporate or
partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
307
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' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
308
Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' sSubmitted 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' sapproval with resolution.
309
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATHROP
APPROVED AS TO FORM:

By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
310
EXH B1T r
SECTION 00300

PAVEMENT REHABILITATION
CIP PS 24-9

BID PROPOSAL FORMS
PAVEMENT REHABILITATION, CIP PS 24-9

BID SCHEDULE
BID
ITEM

DESCRIPTION QUANTITY UNITS
UNIT
PRICE

EXTENDED
TOTAL
1 Mobilization, Bonds & Insurance 1
LS 1431Iaf f31 /co. -
2 Traffic Control 1
LS
1( 0129d1. 7ct) 114,
6, 2q0-
3 Lower and Raise Manhole Covers 8
tcd
EA
4 Lower and Raise Valve Covers 8
EA
ia?
r
Ir
5 Lower and Raise Monument Covers 2
EA
itZ'
r
2111a2

7. 3i ?IDS 6 Grind and Stockpile 2" AC Pavement 370
CY
3 d
7 Excavate Road Bed ( 11" Depth) 2, 030
CY 50
r
04 cc t/
8 Remove and Replace PCC ADA Curb
Ramps
8 EA
Q t91 1r
9 Place Aggregate Base 2, 908
TONS L( 7 f 3( 9j 7.
10 Place HMA ® 4" Depth / 2 Lifts 1, 500
TONS
101.
1 _n
S21 LICtr
I 1 Thermoplastic Striping - Caltrans
Standard Detail 22
200
LF r
j
fir , •
iJo
12 Thermoplastic Striping - 12" White
Stop Bar
80 LF
660 5Zo r
13 Thermoplastic Markings ( STOP) 4
EA
2( o5+ 10& o
r
14 Install Blue RPM ® Fire Hydrant 4
EA 710. 50 it 7
TOTAL BASE BID: - C- 621 i ez
TOTAL BASE BID IN WORDS: FIU thiNai Q eikerfTWO mism Nh IliANDRED eitliTY- Twt Oot1. 412$ 4N0 ! EQo C,
00300- 2
311

PAGE LEFT

INTENTIONALLY
BLANK
312
ITEM 4. 15

CITY MANAGER' S REPORT
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
ITEM:

RECOMMENDATION:

CREATE CIP GG 24- 33 SCADA INTEGRATION

AND MAINTENANCE, RATIFY THE

PROFESSIONAL SERVICE AGREEMENT WITH

MCC CONTROLS LLC, DBA PRIMEX AND

APPROVE RELATED BUDGET AMENDMENTS
Adopt a Resolution Creating CIP GG 24- 33
SCADA Integration and Maintenance, Ratify
the Professional Service Agreement with MCC
Controls LLC, dba Primex and, Approve Related
Budget Amendments
SUMMARY:

The City of Lathrop' s Supervisory Control and Data Acquisition ( SCADA) System monitors and controls the City' scommon infrastructure in the following utility groups:

Water system, Storm Water system, Wastewater system, and Recycled Water system equipment. This plethora of historical and new stations of various types ensure the entire City has access to clean water and wastewater management while preventing the City from flooding. These stations require maintenance, and the equipment requires replacement or upgrading on a routine basis to ensure proper functionality.

To ensure the functionality and maintenance required for these stations is met, staff requests that City Council create Capital Improvement Project ( CIP) GG 24- 33 SCADA Integration and Maintenance.

Primex has been an integral partner in integrating the SCADA systems around the City for over a decade. The collaboration with Primex has evolved into a professional service category, characterized by their skilled knowledge, and certified products that offer exclusive solutions tailored to the City' sSCADA systems and security -compliant needs. This collaboration has been instrumental in establishing a consistent approach to technology and software development, ensuring a high level of expertise and reliability in these areas.

In addition to addressing the City' s immediate security needs, Primex has played a pivotal role in the development of critical component infrastructure that is now integral to all our water systems. As the City' s network expands and the City' s infrastructure requirements continue to grow, it becomes increasingly crucial to maintain a unified and secure approach.

It has become imperative to replace the existing equipment at the 3 Street and Harlan storm station due to its end - of -life status. Bringing this station into the City' s network is crucial for operators to effectively monitor its functions, adjust flows, and promptly respond to any alerts regarding issues with flows, pumps, or other equipment. This proactive measure is essential to mitigate the risk of flooding in the area. Additionally, integrating these stations into our network will ensure compliance with the 313
CITY MANAGER' SREPORT PAGE 2
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 33 SCADA INTEGRATION AND MAINTENANCE, RATIFY

THE PROFESSIONAL SERVICES AGREEMENT WITH MCC CONTROLS LLC, DBA

PRIMEX AND APPROVE RELATED BUDGET AMENDMENT
Department of Homeland Security ( DHS) safety and security requirements by allowing implementation of site monitoring surveillance. This comprehensive approach not only enhances operational efficiency, reduces costs, but also ensures the safety and security of the area.

Tonight, staff is requesting City Council approve the creation of CIP GG 24- 33 SCADA integration with an initial budget of $ 150, 00 for the first year and a budget of 250, 00 for fiscal year 24- 25, ratify the Professional Services Agreement with Primex in the amount of $52, 262.5and approve the related budget amendment.

BACKGROUND:

The City has a plethora of historical and new water stations of various types to ensure the entire City has access to clean water and wastewater management while preventing the City from flooding. The City of Lathrop' s Water system, Storm Water system, Wastewater system, and Recycled Water system are monitored and controlled by the City' s
SCADA equipment. These various water stations that utilize this equipment recycle water, manage rainwater flooding and move various types of water throughout the City. SCADA equipment provides real- time data, the ability to control these stations remotely and has played an integral part in the expansion of residential areas in Lathrop and the prevention of flooding throughout the City.

It has become imperative to replace the existing equipment at the 3 Street and Harlan storm station due to its end - of -life status. Bringing this station into the City' s network is crucial for operators to effectively monitor its functions, adjust flows, and promptly respond to any alerts regarding issues with flows, pumps, or other equipment. This proactive measure is essential to mitigate the risk of flooding in the area. Additionally, integrating these stations into our network will enable us to comply with the Department of Homeland Security ( DHS) requirements by implementing surveillance systems for site monitoring. This comprehensive approach not only enhances operational efficiency, reduces costs, but also ensures the safety and security of the area.

The City Manager signed a Professional Services Agreement with Primex for the replacement of the PLC and OIT of the J street and Harlan storm drain lift station in March 2024 so that the site would be integrated into the City' s network. This allows staff to be notified immediately in the event of vandalism or other potential threats to the City' swater system at this site. Having the capability to receive immediate notifications from this site gives staff the ability to troubleshoot and rectify any issues before damage to the system.
314
CITY MANAGER' S REPORT PAGE 3
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 33 SCADA INTEGRATION AND MAINTENANCE, RATIFY

THE PROFESSIONAL SERVICES AGREEMENT WITH MCC CONTROLS LLC, DBA The collaboration with Primex has evolved into a professional service category, characterized by their skilled knowledge, and certified products that offer exclusive solutions tailored to the City' s SCADA Systems and security -compliant needs. This collaboration has been instrumental in establishing a consistent approach to technology and software development, ensuring a high level of expertise and reliability in these areas. Therefore, the claimed bidding exemption for the Professional Services Agreement with Primex for the integration of the 3 street and Harlan storm pump station is pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110( a).

Tonight, staff is requesting City Council approve the creation of CIP GG 24- 33 SCADA Integration and maintenance with an initial budget of $ 150, 00 for the fiscal year 23-4 and a budget of $250, 00for fiscal year 24-5, ratify the Professional Services Agreement for the replacement of the OIT and PLC for ) street and Harlan storm drain lift station in the amount of $52, 262.5and approve the related budget amendment.

The expense of $52, 262.5for the 3 street and Harlan storm drain life station will be paid from the budget for the fiscal year 23-4 of $ 150, 00.

REASON FOR RECOMMENDATION:

The SCADA system allows staff to remotely control and monitor the City' s water
systems to keep the City from flooding and moves water throughout the City to be recycled or stored. SCADA integration for the various water stations throughout the City is critical to the functionality of the water stations and the prevention of flooding.

This system allows staff to be notified immediately of any issues with the system so they may rectify the issue before damage to the water system occurs. 315
CITY MANAGER' S REPORT PAGE 4
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 33 SCADA INTEGRATION AND MAINTENANCE, RATIFY

THE PROFESSIONAL SERVICES AGREEMENT WITH MCC CONTROLS LLC, DBA

PRIMEX AND APPROVE RELATED BUDGET AMENDMENT
FISCAL IMPACT:

The proposed project budget is $ 150, 00for the fiscal year 23-4 and $ 250, 00 for fiscal year 24-5. The current fund balance available in the CIP GG 24- 33 budget will not cover the cost of the Professional Services and equipment required. Staff recommends a budget amendment of $ 150, 00 for the fiscal year 23-4 and 250, 00for fiscal year 24-5 subsidized by the following funds to cover the cost of professional services and equipment. Staff is requesting Council approve the following budget amendment:

Fiscal Year 2023-024
Increase Transfer Out
1010- 9900- 393- 0000
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 33
Increase Appropriation
3010- 8000- 420- 70 GG 24- 33
Fiscal Year 2024-025
150, 00
150, 00
150, 00
Increase Transfer Out
2500- 9900-90- 9010 $ 10, 639
2510- 9900-90- 9010 $ 37, 234
2530- 9900-90- 9010 $ 5, 319
2560- 9900-90- 9010 $ 5, 318
2570- 9900-90- 9010 $ 26, 596
2670- 9900-90- 9010 $ 10, 639
2680- 9900-90- 9010 $ 5, 319
5620- 9900-90- 9010 $ 63, 830
6010- 9900-90- 9010 $ 37, 234
6080- 9900-90- 9010 $ 47, 872
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 33 $ 250, 00
Increase Appropriation
3010- 8000- 420- 70 GG 24- 33 $ 250, 00
316
CITY MANAGER' S REPORT PAGE 5
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 33 SCADA INTEGRATION AND MAINTENANCE, RATIFY

THE PROFESSIONAL SERVICES AGREEMENT WITH MCC CONTROLS LLC, DBA

PRIMEX AND APPROVE RELATED BUDGET AMENDMENT
ATTACHMENT:

A. Resolution of the City Council of the City of Lathrop to Create CIP GG 24- 33 SCADA Integration and Maintenance, Ratify the Professional Services Agreement with MCC Controls LLC, dba Primex and Approve Related Budget Amendments.

B. Professional Services Agreement with MCC Controls LLC, dba Primex for Replacement of OIT and PLC for 3 street and Harlan Sewer Pump Station 317
Cari Jj es
Direc ,' r of Finance
CITY MANAGER' S REPORT PAGE 6
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 33 SCADA INTEGRATION AND MAINTENANCE, RATIFY

THE PROFESSIONAL SERVICES AGREEMENT WITH MCC CONTROLS LLC, DBA

PRIMEX AND APPROVE RELATED BUDGET AMENDMENT
APPROVALS:
nandes Date
04-)_, O
rector Information Systems
Date

3. Zce• ZoZ' f
Michael King Date
Assistant City Manger
3•L‘ cZGzi
Salvador Navarrete Date
City Attorney

3. 28 -ZIP
Stephen J. Salvatore Date
City Manager
318
RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP GG 24- 33 SCADA INTEGRATION AND MAINTENANCE, RATIFY THE

PROFESSIONAL SERVICE AGREEMENT WITH MCC CONTROLS LLC, DBA

PRIMEX AND APPROVE RELATED BUDGET AMENDMENTS
WHEREAS, the City has many water stations of various types to ensure the entire City has access to clean water and wastewater management while preventing the City from flooding; and
WHEREAS, SCADA equipment is utilized to manage and control the various water stations and pumps remotely throughout the City; and WHEREAS, it has become imperative to replace the existing SCADA equipment at the 3 Street and Harlan storm station due to its end -of -life status; and WHEREAS, bringing this station into our network is crucial for operators to effectively monitor its functions, adjust flows, and promptly respond to any alerts regarding issues with flows, pumps, or other equipment; and WHEREAS, the City Manager signed a Professional Services Agreement with Primex for the replacement of the PLC and OIT of the 3 street and Harlan storm drain lift station in March 2024, so that the site would be integrated into the City' s network; and
WHEREAS, MCC Controls dba Primex offers a professional services, characterized by skilled knowledge of the City' s SCADA system and customized products that offer exclusive solutions tailored to the City' s SCADA Systems and
security -compliant needs.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby Create CIP GG 24- 33 SCADA Integration and Maintenance, Ratify the City Managers Approval of the Professional Services Agreement with MCC Controls LLC, dba Primex and Approve Related Budget Amendment below.

Fiscal Year 2023-024
Increase Transfer Out
1010- 9900- 393- 0000
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 33
Increase Appropriation
3010- 8000- 420- 70 GG 24- 33
150, 00
150, 00
150, 00
319
Fiscal Year 2024-025
Increase Transfer Out
2500- 9900-90- 9010 $ 10, 639
2510- 9900-90- 9010 $ 37, 234
2530- 9900-90- 9010 $ 5, 319
2560- 9900-90- 9010 $ 5, 318
2570- 9900-90- 9010 $ 26, 596
2670- 9900-90- 9010 $ 10, 639
2680- 9900-90- 9010 $ 5, 319
5620- 9900-90- 9010 $ 63, 830
6010- 9900-90- 9010 $ 37, 234
6080- 9900-90- 9010 $ 47, 872
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 33 $ 250, 00
Increase Appropriation
3010- 8000- 420- 70 GG 24- 33 $ 250, 00
320
CITY MANAGER' S REPORT PAGE 4
APRIL 8, 2024, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 33 SCADA INTEGRATION AND MAINTENANCE, RATIFY

THE PROFESSIONAL SERVICES AGREEMENT WITH MCC CONTROLS LLC, DBA

PRIMEX AND, APPROVE RELATED BUDGET AMENDMENT
FISCAL IMPACT:

The proposed project budget is $ 150, 00 for the fiscal year 23-4 and $ 250, 00 for fiscal year 24-5. The current fund balance available in the CIP GG 24- 33 budget will not cover the cost of the Professional Services and equipment required. Staff recommends a budget amendment of $ 150, 00 for the fiscal year 23-4 and 250, 00for fiscal year 24-5 subsidized by the following funds to cover the cost of professional services and equipment. Staff is requesting Council approve the following budget amendment:

Fiscal Year 2023-024
Increase Transfer Out
1010- 9900- 393- 0000
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 33
Increase Appropriation
3010- 8000- 420- 70 GG 24- 33
Fiscal Year 2024-025
150, 00
150, 00
150, 00
Increase Transfer Out
2500- 9900-90- 9010 $ 10, 639
2510- 9900-90- 9010 $ 37, 234
2530- 9900-90- 9010 $ 5, 319
2560- 9900-90- 9010 $ 5, 318
2570- 9900-90- 9010 $ 26, 596
2670- 9900-90- 9010 $ 10, 639
2680- 9900-90- 9010 $ 5, 319
5620- 9900-90- 9010 $ 63, 830
6010- 9900-90- 9010 $ 37, 234
6080- 9900-90- 9010 $ 47, 872
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 33 $ 250, 00
Increase Appropriation
3010- 8000- 420- 70 GG 24- 33 $ 250, 00
321
The foregoing resolution was passed and adopted this 8th day of April 2024, 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 322
Allik lir City of
Office of the City Manager
March 2S, 2024
Attachment B
390 Towne Centre Dr. - Lathrop, CA 95330
Phone ( 209) 941- 7220 - fax (209) 941- 7248
www. ci. lathrop. ca. us

NOTICE TO PROCEED
MCC Controls LLC dba Primex
Michael Anderson
859 Cotting Ct. Ste. G
Vacaville, CA 95688
Dear Mr. Anderson:

Enclosed please find your original executed agreement to replace the PLC and OIT a the J Street Storm Drain Lift Station. This is your Notice to Proceed to the attached agreement.

Should you have any questions regarding the project, please contact Tony Fernandes at 209) 941- 7349, the staff member directly involved with this project.

Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
323
DocuSign Envelope ID: 53915F3E- A72D- 4CA7- 8120- 1CC959B888F3

CITY OF LATHROP PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF LATHROP AND MCC CONTROLS LLC DBA
PRIMEX

TO PROVIDE REPLACEMENT OF THE PLC AND OIT AT THE J

STREET STORM DRAIN LIFT STATION
THIS AGREEMENT, dated for convenience this 7' day of March 2024, is made and entered into by and between MCC Controls LLC dba Primex CONSULTANT") and the CITY OF LATHROP, a California municipal corporation CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform the professional services to provide the replacement of the programmable logic controller and the operator interface terminal as required by this agreement; and WHEREAS, CONSULTANT was selected by CITY pursuant to said qualifications; and
WHEREAS, CONSULTANT is willing to render such Professional Services as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Scope of Service.

CONSULTANT agrees to provide professional services to provide the replacement of the programmable logic controller and the operator interface terminal in accordance with the scope of work submitted by the CONSULTANT, attached as Exhibit " A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the standards of its profession and CITY' Ssatisfaction.
2) Compensation.

CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 52, 262.5 as described in Exhibit "A".

CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s Authorized Representative prior to the commencement of the work.
324
DocuSign Envelope ID: 53915F3E- A72D- 4CA7- B120- 1CC959B888F3 CITY OF LATHROP — MCC CONTROLS LLC DBA PRIMEX

TO PROVIDE THE REPLACEMENT OF THE PLC AND OIT AT J STREET STORM

DRAIN LIFT STATION
3) Effective Date and Term.

This agreement shall become effective on the signature date of the City Manager and CONSULTANT has been notified in writing as identified in section ( 18), and it shall terminate no later than June 30, 2024.
4) Independent Contractor Status.

It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY.

CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billings.

CONSULTANT' Sbills shall include date, date due, a list of all tasks performed by deliverable, a total amount due, the amounts previously billed, the net amount due on the invoice, and the balance remaining on the agreement and the CONSULTANT' Ssignature. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the maximum amount of compensation provided in section ( 2) for listed services or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting.

CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement. CONSULTANT shall clarify with the CITY any details of the design that are not specifically understood. 7) Assignment of Personnel.

CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, regardless of the reason, or the lack of a reason, according to the CITY' Srequest.