201
Parks and Recreation Deportment
TYPE OF WASTE REMOVAL SERVICE:
390 Towne Centre Drive, Lathrop, CA 95330
Phone ( 209) 941- 7370
www, ci. Iathrop. ca. nns
Wobc ile4 rem& V8)
The following definitions are set forth by the Ciry of Lathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16. 010 "Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries and publicly operated treatment works.
APPLICANT SIGNATURES:
SIGNATURE
et, 2;z>
nr . ,.;
PRINT NAME Fan. CE- r ?ay.,;
TITLE
MEL ISA STATHAKOPOUL } S
MANAGER
PARKS AND RECREATION DEPARTMENT
APP VED BY:
3T2 z C- zyDA
ta. OraSS f
w4c.
fl3 - S
DATE
S. Zti- ?tj
TOD s SEB TIAN DATE
DIRECTOR
PARKS, RECREATION & FLEET SERVICES
202
City of
Parks and Recreation Department
Attachment M
390 Towne Centre Drive, Lathrop, CA 95330
Phone (209) 941- 7370
www. ci. lathrop. ca. us
INDUSTRIAL REFUSE COLLECTION
LICENSE APPLICATION
COMPANY NAME: Republic Services
ADDRESS: 1145 W. Charter Way, Stockton CA 95206
PHONE/ FAX ( 209) 420- 2949 / (209) 465- 0631
EMAIL: FThompson@republicservices. com
TYPE OF WASTE REMOVAL SERVICE:
MSW generated at Industrial accounts located in the City of Lathrop APPLICANT SIGNATURES:
Francina Thompson
4/ 24124
DATE
PRINT NAME
Municipal Manager
TITLE
203
City of
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone ( 209) 941- 7370
www. ci. lathrop. ca. us
The following license requirements are setforth by the City of Lathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16.40 CHECK IF industrial Solid Waste Removal — License Required. ENCLOSED CUSTOMERS LIST ( Names and Addresses): X
SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED TO CITY N/ A
NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT X Must be in compliance with all applicable air pollution control laws):
ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($ 25, 000) ORMOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
X
INSURANCE CERTIFICATE AND ENDORESMENT NAMING THE CITY, ITS OFFICERS AND
EMPLOYEES AS AN ADDITIONAL INSURED X
LICENSE FEE ENCLOSED ($ 2, 500) N/ A
ADMINISTRATION FEE ($ 92) X
PRO SSED BY:
NM), Q/ e- e.),)
MELISSA STATHAKOPOUL S DATE
PARKS AND RECREATION MANAGER
PARKS & RECREATION 1 SOLID WASTE & RECYCLING
APP VED BY:
TODDSEBASTiA
DIRECTOR
PARKS, RECREATION & FLEET SERVICES
SIzaDATE
204
City of
Parks and Recreation Department
FtE: CE'' V .:
k OF LA H OP
44 P
COMPANY NAME:
ADDRESS:
Attachment N
390 Towne Centre Drive, Lathrop, CA 95330
Phone (209) 941- 7370
www. ci. lathrop. ca. us
INDUSTRIAL REFUSE COLLECTION
LICENSE APPLICATION
C CX. S' Y9 c\\\ l
1 CA. GQ ,_.
PHONE/ FAX S\ v - S\ 2— 9. OSS
EMAIL: IS) c 1 rx, zz: c.e
TYPE OF WASTE REMOVAL SERVICE:
APPLICANT SIGNATURES:
SIGNATURE
PRINT NAME
O` er -e c
cQ e, Gh Ls
TITLE
s1612. c\
DATE
205
City of
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone ( 209) 941- 7370
www. ci. lathrop. ca. us
The following license requirements are setforth by the City of Lathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16.40 CHECK IF Industrial Solid Waste Removal — License Required. ENCLOSED CUSTOMERS LIST ( Names and Addresses):
SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED TO CITY
NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT Must be in compliance with all applicable air pollution control laws):
ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($ 25, 000) ORMOST RECENT FINANCIAL STATEMENT AND/ ORAUDIT
INSURANCE CERTIFICATE AND ENDORESMENT NAMING THE CITY, ITS OFFICERS AND
EMPLOYEES AS AN ADDITIONAL INSURED
LICENSE FEE ENCLOSED ($ 2, 500)
ADMINISTRATION FEE ($ 92)
PROCESSED BY:
k GA 160tR 01\ 6
MELISSA STATHAKOPOULOS
PARKS AND RECREATION MANAGER
PARKS & RECREATION 1 SOLID WASTE & RECYCLING
APPROVED BY:
TODD SEBASTIAN
DIRECTOR
PARKS, RECREATION & FLEET SERVICES
DATE
DATE
x
206
City of
Parks and Recreation Department
COMPANY NAME:
ADDRESS:
PHONE/ FAX
EMAIL:
Attachment 0
390 Towne Centre Drive, Lathrop, CA 95330
Phone ( 209) 941- 7370
www. ci. lathrop. ca. us
INDUSTRIAL REFUSE COLLECTION
LICENSE APPLICATION
RARA TRucking Inc
210 Umbarger Rd . San Jose CA 95111
669- 233- 6489 / 408- 516-953
susana. rivas@raratrucking. com / rara_ trucking@yahoo. com TYPE OF WASTE REMOVAL SERVICE:
Tranportation of solid waste- crashed wood, scrap metal, cardboard APPLICANT SIGNATURES:
Rau A Rivas
05/ 13/ 2024
DATE
PRINT NAME
President
TITLE
207
City of
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone ( 209) 941- 7370
www. ci. lathrnp. ca. us
The following license requirements are set forth by the City of Lathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16.40 CHECK IF Industrial Solid Waste Removal — License Required. ENCLOSED CUSTOMERS LIST ( Names and Addresses):
SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED TO CITY
NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT Must be in compliance with all applicable air pollution control laws):
ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($ 25, 000) ORMOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
X
X
X
X
INSURANCE CERTIFICATE AND ENDORESMENT NAMING THE CITY, ITS OFFICERS AND X
EMPLOYEES AS AN ADDITIONAL INSURED
LICENSE FEE ENCLOSED ($ 2, 500)
ADMINISTRATION FEE ($ 92)
MELISSA STATHAKOPOULOS
PARKS AND RECREATION MANAGER
PARKS & RECREATION 1 SOLID WASTE & RECYCLING
APPROVED BY:
X
X
DATE
5 2-Z . Z4
TODD . EBASYJCM DATE
DIRECTOR
PARKS, RECREATION & FLEET SERVICES
208
City of
Parks and Recreation Department
COMPANY NAME:
ADDRESS:
PHONE/ FAX
EMAIL:
Attachment P
390 Towne Centre Drive, Lathrop, CA 95330
Phone ( 209) 941- 7370
www. cilathrop. ca. us
INDUSTRIAL REFUSE COLLECTION
LICENSE APPLICATION
31" o
r
R
1 c_ q 5 z 0
r1 ) 1 ( 0 U /`1 i () G
TYPE OF WASTE REMOVAL SERVICE:
7r.iS L (- LAO( I1 Ci 10 111
APPLICANT SIGNATURES:
2 rc k (- 4 ,
PRINT NAME
TITLE
lsr' zf
DA -7
209
City of
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone ( 209) 941- 7370
www. cilathrop. ca. us
The following license requirements are set forth by the City ofLathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16.40 CHECK 1F industrial Solid Waste Removal — License Required. ENCLOSED CUSTOMERS LIST ( Names and Addresses):
SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED TO CITY
NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT x
1 / L it {{ lr, AL
r-, ta, YQ '1"0
ta. d
tr, 5
Must be in compliance with all applicable air pollution control laws): C upc trod ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($ 25, 000) ORMOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
INSURANCE CERTIFICATE AND ENDORESMENT NAMING THE CITY, ITS OFFICERS AND
EMPLOYEES AS AN ADDITIONAL INSURED
LICENSE FEE ENCLOSED ($ 2, 500)
ADMINISTRATION FEE ($ 92)
PROCESSED BY:
p)h 0
MELISSA STATHAKOPOUBOS
PARKS AND RECREATION MANAGER
PARKS & RECREATION 1 SOLID WASTE & RECYCLING
TODD SEBASTIAN
DIRECTOR
PARKS, RECREATION & FLEET SERVICES
r27 24
DATE
DATE
210
Parks and Recreation Department
Attachment Q
390 Towne Centre Drive, Lathrop, CA 95330
Phone ( 209) 941- 7370
www. ci. lathrop. ca. us
INDUSTRIAL REFUSE COLLECTION
LICENSE APPLICATION
COMPANY NAME: Testa Inc.
ADDRESS: 700 D' Arcy Pkwy
PHONE/ FAX
Lathrop, CA 95330
EMAIL: jbottorff@tesla. com
TYPE OF WASTE REMOVAL SERVICE:
Recycling materials ( cardboard, corrugated materials)
APPLICANT SIGNATURES:
4. zeao. t atO& 5/ 10/ 224
IG NATU R E DATE
Jordan Bottorff
PRINT NAME
Staff Environmental Manager
TITLE
211
City of
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone ( 209) 941- 7370
www. ci. lathrop. ca. us
The following license requirements are setforth by the City of Lathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16.40 CHECK IF Industrial Solid Waste Removal — License Required. ENCLOSED CUSTOMERS LIST ( Names and Addresses):
SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED TO CITY
NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT Must be in compliance with all applicable air pollution control laws):
ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($ 25, 000) ORMOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
INSURANCE CERTIFICATE AND ENDORESMENT NAMING THE CITY, ITS OFFICERS AND
EMPLOYEES AS AN ADDITIONAL INSURED
LICENSE FEE ENCLOSED ($ 2, 500)
ADMINISTRATION FEE ($ 92)
PROCESSED BY:
jn (' 493L SSA STATHAKOPOULOS
PARKS AND RECREATION MANAGER
PARKS & RECREATION 1 SOLID WASTE & RECYCLING
DATE
7-9
x,
TODD SEBASTIAN DATE
DIRECTOR
PARKS, RECREATION & FLEET SERVICES
212
City of
Parks and Recreation Department
Attachment R
e s d SAi*,. R
390 Towne Centre Drive, Lathrop, CA 95330
Phone ( 209) 941- 7370
www. ci. lathrop. ca. us
INDUSTRIAL REFUSE COLLECTION
LICENSE APPLICATION
COMPANY NAME: 0i Sorts J `'cK: n , INC.
ADDRESS: PV g0 10
PHONE/ FAX
EMAIL:
revic 14 Carty, Cf4 ' 15 2 31
tot. Got. (nog
tohy4. 14.Sohs- Froc 5w‘. n; I. Conn
TYPE OF WASTE REMOVAL SERVICE:
I n dv slf 'aJ wccs+ c
APPLICANT SIGNATURES:
y
SIGNATURE DATE
41140%; 0O Lopez.
PRINT NAME
res taleh+ / G Ib
TITLE
213
City of
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone ( 209) 941- 7370
www. ci. lathrop. ca. us
The following license requirements are setforth by the City of Lathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16.40 CHECK IF Industrial Solid Waste Removal — License Required. ENCLOSED CUSTOMERS LIST ( Names and Addresses):
SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED TO CITY
NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT Must be in compliance with all applicable air pollution control laws):
ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($ 25, 000) ORMOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
INSURANCE CERTIFICATE AND ENDORESMENT NAMING THE CITY, ITS OFFICERS AND
EMPLOYEES AS AN ADDITIONAL INSURED
LICENSE FEE ENCLOSED ($ 2, 500)
ADMINISTRATION FEE ($ 92)
PROC SSED BY:
ki)) M
I
MELISSA STATHAKOPOULOS
PARKS AND RECREATION MANAGER
PARKS & RECREATION 1 SOLID WASTE & RECYCLING
APPROVED BY:
TODD SEBASTIAN
DIRECTOR
PARKS, RECREATION & FLEET SERVICES
DATE
L2.., U -1
DATE
214
ITEM 4. 14
CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT
3225 WITHIN THE MOSSDALE LANDING AREA
RECOMMENDATION: Adopt Resolution Approving Final Map for Tract 3225 within the Mossdale Landing Area, Totaling 66 Single
Family Lots and Subdivision Improvement
Agreement with K. Hovnanian Homes Northern
California, Inc.
SUMMARY:
The proposed Final Map for Tract 3225, included as Attachment " C", will subdivide the 13. 26 acre S1 Pond parcel in the Mossdale Landing area. K. Hovnanian Homes Northern California, Inc. (KHOV) is proposing 66 single family lots. A Vicinity Map is included at Attachment " B".
Staff recommends that the City Council approve the proposed Final Map for Tract 3225 and a Subdivision Improvement Agreement ( SIA), included as Attachment " D", with KHOV by Resolution included as Attachment " A".
BACKGROUND:
On January 27th, 2003, Council and Planning Commission approved the Mossdale Landing Project entitlements, which included the compliance with California Environmental Quality Act ( CEQA) and adoption of Urban Design Concept ( UDC), Vesting Tentative Subdivision Map ( VTM) for Tract 3142, VTM for Tract 3225, and a Development Agreement ( DA) for the Mossdale Landing Project. The land for the proposed Final Map for Tract 3225 is within the geographic boundaries of the VTM.
The developer, Lathrop Mossdale Investors, LP ( LMI), was required to use the low density residential area of Tract 3225 as a recycled water storage pond ( S1) until a river discharge permit was obtained from the Regional Water Quality Control Board RWQCB). LMI retained reversionary rights to the land of S1 to regain the title to the land when alternative means of disposal of recycled water were funded by LMI.
LMI agreed to fund a portion of the Surface Water Discharge Project for the pro -rata share of the S1 pond. On January 8, 2024, Council approved the Project Funding Agreement with LMI and a quitclaim deed to transfer ownership of the S1 property to KHOV at the request of LMI.
215
CITY MANAGER' SREPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA
KHOV is now requesting Council to approve the Final Map for Tract 3225. As required by the Lathrop Municipal Code Chapter 16.6, all final maps must include an SIA to guarantee specific offsite and onsite improvements.
The total estimated cost of the improvements for Tract 3225 is $ 2, 919, 400.
Performance and labor & material securities have been provided to the City with the proposed SIA in the amount of:
Improvement Total: 3, 437,12
Performance Bond ( 150% of Unfinished Improvements) 5, 156,18 Labor & Materials Bond ( 50% of Performance Bond) 2, 578, 059 The SIA also guarantees the construction of the improvements along McKee Boulevard, Brookhurst Boulevard, and Golden Valley Parkway.
Tract 3225 was annexed into a Community Facilities District ( CFD) for maintenance purposes with the approval of the VTM.
Potential Council acceptance of the public improvements will be processed by staff at a later date when the improvements are completed. Prior to acceptance, KHOV will be required to provide a one ( 1) year warranty bond.
As a precondition to record the Final Map, KHOV must satisfy the Escrow Instructions, included as Attachment" E", by depositing necessary sums to guarantee the payment of all fees and providing required documents.
REASON FOR RECOMMENDATION:
KHOV has fulfilled all of the requirements of the City' s subdivision ordinance as listed below:
Documents Status
1. Final Map ready for signature Received
2. Subdivision Improvement Agreement Received
3. Faithful Performance and Labor & Materials Security Received
4. Street Improvement, Landscape, Light & Joint Trench
Plans, Traffic Signal Plans
Received
5. Geotechnical Report Received
6. Allocation of Water and Sewer capacity documents
To be provided in
escrow
7. Escrow Instructions Received
216
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA
PAGE 3
Fees Status
1. Final Map plan check fee Paid
2. Improvement Plans - Plan check and inspection fees Paid
3. Sierra Club Settlement fee
To be
escrow
paid in
FISCAL IMPACT:
There is no fiscal impact to the City as all costs are covered by development fees and any shortfalls in the City' s
maintenance and operating costs are covered by the CFD.
ATTACHMENTS:
A. Resolution Approving Final Map for Tract 3225 within the Mossdale Landing Area, Totaling 66 Single Family Lots and Subdivision Improvement Agreement with K. Hovnanian Homes Northern California, Inc.
B. Vicinity Map - Tract 3225
C. Draft Final Map - Tract 3225
D. Subdivision Improvement Agreement with K. Hovnanian Homes Northern California, Inc. for Final Map Tract 3225
E. Escrow Instructions - Final Map 3225
217
CITY MANAGER' S REPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA
APPROVALS
Be ll'f Nabiz dah
Assistant Engineer
Brad Taylor
City Engineer
l
23 ( 1- 4k
Date
Date
s/vi, 24) Zy
C?/ 3/ Z0L,,(
Cari James Date
Finance Director
I 5•3i• zozy
Michael King Date
Assistant City Manger
Salvador Navarrete Date
City Attorney
Stepan 1 Salvatore Date
City Manager
218
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING FINAL MAP FOR TRACT 3225 WITHIN THE MOSSDALE LANDING AREA, TOTALING 66 SINGLE FAMILY LOTS AND SUBDIVISION
IMPROVEMENT AGREEMENT WITH K. HOVNANIAN HOMES NORTHERN
CALIFORNIA, INC.
WHEREAS, on January 27th, 2003, Council and Planning Commission approved the Mossdale Landing Project entitlements, which included the compliance with California Environmental Quality Act ( CEQA) and adoption of Urban Design Concept ( UDC), Vesting Tentative Subdivision Map ( VTM) for Tract 3142, VTM for Tract 3225, and a Development Agreement ( DA) for the Mossdale Landing Project; and
WHEREAS, the land for the proposed Final Map for Tract 3225 is within the geographic boundaries of the VTM; and
WHEREAS, the developer, Lathrop Mossdale Investors, LP ( LMI), was required to allow the City to use the low density residential area of Tract 3225 as a recycled water storage pond ( S1) until alternative means of disposal of recycled water were available; and
WHEREAS, LMI retained reversionary rights to the land of S1 to regain the title to the land when the pond is no longer needed by the City as a storage pond; and
WHEREAS, LMI agreed to fund a portion of the Surface Water Discharge Project for the pro -rata share of the S1 pond; and
WHEREAS, on January 8, 2024, Council approved the Project Funding Agreement with LMI and a quitclaim deed to transfer ownership of the S1 property to K. Hovnanian Homes Northern California, Inc. (KHOV), at the request of LMI; and WHEREAS, staff received a request from KHOV to process the Final Map for Tract 3225; and
WHEREAS, as required by the Lathrop Municipal Code Chapter 16.6, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements; and
WHEREAS, performance and labor & material securities have been provided with the proposed SIA for Tract 3225 that guarantee the onsite and offsite subdivision improvements for Tract 3225, in the amount as follows:
Improvement Total: 3, 437,12
Performance Bond ( 150% of Unfinished Improvements) 5, 156,18 Labor & Materials Bond ( 50% of Performance Bond) 2, 578, 059 and
219
WHEREAS, the SIA also guarantees the construction of the improvements along McKee Boulevard, Brookhurst Boulevard and Golden Valley Parkway; and WHEREAS, Tract 3225 was annexed into a Community Facilities District ( CFD) for maintenance purposes with the approval of the VTM; and WHEREAS, potential Council acceptance of the public improvements will be processed by staff at a later date when the improvements are completed. Prior to acceptance, KHOV will be required to provide a one ( 1) year warranty bond; and WHEREAS, KHOV must satisfy the Escrow Instructions, included as Attachment " E" to the City Manager' s Report that accompanies this Resolution, by depositing necessary sums to guarantee the payment of all fees and providing required documents; and
WHEREAS, there is no fiscal impact to the City because all costs are covered by development fees and the City' s maintenance and operating costs for the future public improvement will be paid by the CFD that has been established with the VTM.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop that approves the following:
1. The Final Map for Tract 3225 and is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office subject to the K. Hovnanian Homes Northern California, Inc.' s completion of requirements of the escrow instructions.
2. The proposed Subdivision Improvement Agreement with K. Hovnanian Homes Northern California, Inc. and related documents, including herein - referenced escrow instructions attached to the City Manager' s Report that accompanied this Resolution, in substantially the form as attached to the June 10, 2024 staff report.
220
PASSED AND ADOPTED by the City Council of the City of Lathrop this 10th day of June 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 221
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ATTACHMENT
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APPURTENANCES
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OVER
AND
UNDER
THE
STRIPS
OF SHOWLAND
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UPON
SAID
MAP
MARKED '
PUBLIC
UTILITY
EASEMENT" (
PUE).
4. A
NON- EXCLUSIVE
EASEMENT
TOGETHER
46TH
THE RIGHT
TO
CONSTRUCT,
REPAIR
AND
MAINTAIN
LANDSCAPING, OVER
AND
UNDER
THE
STRIPS
OF
LAND
SHOWN
UPON
SAID
MAP
MARKED '
ANDSCAPE
EASEMENT' (
LE).
THEUNDERSIGNED
DOES
HEREBY
RELINQUISH
ANY
AND
ALL
RIGHTS
OF
INGRESS
AND
EGRESS
TO
VEHICULAR
TRAFFIC (
ABUTTERS
RIGHTS)
TO
BROOKHURST
BOULEVARD
AND
GOLDEN
VALLEY
PARKWAY
ALONG
THE
LOT
LINES
INDICATED BY
THE
SYMBOL .
4/. /
TO
ENSURE
MUNICIPAL
WATER
SERVICES TO
ALL
LOTS
SHOWN
UPON
1915
MAP,
ALL WATER
RIGHTS
THAT
THEUNDERSIGNED
MAY
HAVE
WITHIN
THE DISTINCTIVE
BORDER
UPON
THIS
MAP,
HEREBY
ARE
DEDICATED TO
THE CITY
OF
LATHROP.
THIS
MAP
SHOWS
ALL
EASEMENTS OF
RECORD ON
THE
PREMISES
OWNER:
K.
HOVNANIAN
HOMES
NORTHERN
CALIFORNIA,
INC,
A
CALIFORNIA
CORPORATION
PRINTED
NAME: SIGNATURE: DATE: TITLE: OWNER' S
ACKNOWLEDGEMENT:
A
NOTARY
PUBLIC
OR
OTHER
OFFICER
COM
PLETING
THIS
CERTIFICATE
VERIFIES
ONLY
THE
IDENTITY
OF
THE
INDIVIDUAL
WHO
SIGNED
THE DOCUMENT TO
WHICH
THIS
CERTIFICATE IS
ATTACHED,
AND
NOT
THE TRU
THFULNESS,
ACCURACY,
OR
VALIDITY OF
THAT
DOCUMENT.
STATE
OF
CALIFORNIA }
SS
COUNTY OF
ON
2024,
BEFORE
ME
A
NOTARY
PUBLIC,
PERSONALLY
APPEARED
4. 110
PROVED TO
ME
ON
THE
BASIS
OF
SATISFACTORY
EVIDENCE TO
BE
THE
PERSON
WHOSE
NAME
IS
SUBSCRIBED TO
THE
W
ITHIN
INSTRUMENT
AND
ACKNOWLEDGED TO
ME
THAT
HE
EXECUTED THE
SAME
IN
HIS
AUTHORIZED
CAPACITY,
AND
BY
HIS
SIGNATURE ON
THE
INSTRUMENT THE PERSON,
OR
ENTITY
UPON
BEHALF
Of
WHICH
THE
PERSON
ACTED,
EXECUTED THE
INSTRUMENT.
1 CERTIFY
UNDER
PENALTY OF
PERJURY
UNDER
THE
LAW
S
OF
THE
STATE
OF
CALIFORNIA
THAT
THE
FOREGOING
PARAGRAPH IS
TRUE
AND
CORRECT.
WITNESS
MY
HAND:
SIGNATURE: PRINTED
NAME,
NOTARY
PUBLIC IN
AND
FOR
SAID
COUNTY
AND
STATE
PRINCIPAL
COUNTY OF
BUSINESS:
COMMISSION
EXPIRES:
COM
MISSION #
OF
NOTARY:
05- 30- 2024
10: 10am
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VICINITY
M
AP TONOT
SCALE
SURVEYOR' S
STATEMENT:
THIS
MAP
WAS
PREPARED BY
ME
OR
UNDER
MY
DIRECTION
AND
IS
BASED
UPON A
FIELD
SURVEY
MADE
IN
CONFORMANCE
WITH
THEREQUIREMENTS OF
THE SUBDIVISION
MAP
ACT
AND
LOCAL
ORDINANCE AT
THE REQUEST OF , JUNE, IN
2019.
I
HEREBY
STATE
THAT
THIS
FINAL
MAP
SUBSTANTIALLY
CONFORMS TO
THE APPROVED OR
CONDITIONALLY
APPROVED
VESTING
TENTATIVE
MAP.
1 FURTHER
STATE
THAT
ALL
THEMONUMENTS
SHOWN
HEREON
WILL
BE
OF
THE
CHARACTER
AND
OCCUPY
THE POSITIONS
INDICATED
BEFORE
SAID
FINAL
MAP
IMPROVEMENTS
ARE
ACCEPTED BY
THE
CITY
OF
LATHROP,
AND
THAT
SAID
9O00MENTS
WILL
BE
SUFFICIENT TO
ENABLE
THIS
SURVEY TO
BE RETRACED.
DATED
THIS
DAY
OF
2024.
IAN
BRUCE
M
ACDONALD
LS
NO.
8817,
RIGHT
TO
FARM
STATEMENT:
PER
CITY
OF
LATHROP
CODE
OF
ORDINANCES.
TITLE
15 CHAPTER 15- 48 .
04,
THE
CITY
OF
LATHROP
PERMITS
OPERATION OF
PROPERLY
CONDUCTED
AGRICULTURAL
OPERATIONS
WITHIN
THE
CITY
LIMITS,
INCLUDING
THOSE
THAT
UTILIZE
CHEMICAL
FERTILIZERS
AND
PESTICIDES.
YOU
ARE
HEREBY
NOTIFIED
THAT
THE
PROPERTY
YOU
ARE
PURCHASING
MAY
BE
LOCATED
CLOSE
TO
AGRICULTURAL
LANDS
AND
OPERATIONS.
YOU
MAY
BE
SUBJECT
TO
INCONVENIENCE OR
DISCOMFORT
ARISING
FROM
THE
LAWFUL
AND
PROPER
USE
OF
AGRICULTURAL
CHEMICALS
AND
PESTICIDES
AND
FROM
OTHER
AGRICULTURAL
ACTIVITIES,
INCLUDING WI
TROUT
LIMITATION,
CULTIVATION,
PLOWING,
SPRAYING,
IRRIGATION,
PRUNING,
HARVESTING,
BURNING OF
AGRICULTURAL WASTE
PRODUCTS,
PROTECTION OF
CROPS
AND
ANIMALS
FROM
DEPREDATION,
AND
OTHER
ACTIVITIES
WHICH
MAY
GENERATE
DUST,
SMOKE,
NOISE,
ODOR,
RODENTS
AND
PESTS .
BE
AWARE
ALSO,
THAT
TH: S
PROPERTY
MAY
BE
LOCATED
ADJACENT
TO
AGRICULTURAL
OPERATIONS
OUTSIDE
THE
CITY' S
JURISDICTION.
CONSEQUENTLY ,
DEPENDING ON
THE
LOCATION OF
YOUR
PROPERTY,
IT
MAY
BE
NECESSARY
THAT
YOU
BE
PREPARED TO
ACCEPT
SUCH
INCONVENIENCES OR
DISCOMFORT AS
NORMAL
AND
NECESSARY
ASPECTS OF
LIVING IN
AN
AGRICULTURALLY
ACTIVE
REGION.
STATEMENT OF
SOILS
REPORT:
A
SOILS
REPORT
ENTITLED, "
HARRIS
PROPERTY,
LATHROP,
CALIFORNIA,
GEOTECHNICAL
EXPLORATION,
PROJECT N0 .
16252. 000 .
000
AND
DATED
JULY
11,
2019,
HAS
BEEN
PREPARED
FOR
THIS
PROJECT
BY
ENGEO
INCORPORATED,
AND
THE
LETTER
Of
THIRD
PARTY
RELIANCE,
DATED
DECEMBER 13,
2023,
ARE
ON
FILE
WITH
THE
CITY
OF
LATHROP.
001
COR
ANY
APPROV
ALTERATIO
THERE
1 FURTH
STA
THA
TH
FIN
MA
COMP
WI
ALL
APPLICABLE
ORDINANCES OF
THE
CITY
OF
LATHROP,
AND
ANY
AMENDMENTS
THERETO,
APPLICABLE AT
THE
TIME
OF
APPROVAL OF
THE
VESTING
TENTATIVE
MAP .
DATED
THIS
DAY
OF
2024 .
BRAD
R.
TAYLOR,
R. C .
E.
92823
CITY
ENGINEER OF
THE
CITY
OF
LATHROP,
CALIFORNIA
CITY
CLERK' S
STATEMENT:
I,
TERESA
VARGAS,
CITY
CLERK
AND
CLERK
OF
THE CITY
COUNCIL
OF
THE
CITY
OF
LATHROP,
STATE
OF
CALIFORNIA,
DO
HEREBY
STATE
THAT
THE HEREIN
EMBODIED
MAP
ENTITLED '
TRACT
NO .
3225
SUBDIVISIONS OF
SAN
JOAQUIN
COUNTY,
MOSSDALE
LANDING -
NEIGHBORHOOD 12 '
CONSISTING OF
FOUR (
4)
SHEETS,
WAS
PRESENTED TO
SAID
CITY
COUNCIL,
AS
PROVIDED BY
LAW,
AT
A
REGULAR
MEETING
THEREOF,
HELD
ON
THE
DAY
OF
2024,
AND
THAT
SAID
CITY
COUNCIL
DID
THEREUPON BY
RESOLUTION N0.
DULY
PASS
AND
ADOPT
AT
SAID
MEETING,
APPROVE
SAID
MAP,
AND
AUTHORIZE ITS
RECORDATION
AND
DO
HEREBY
ACCEPT
ON
BEHALF
OF
THE
CITY
OFATHRO
L
FOR
PUBLIC
USE,
THE
DEDICATION OF
ALL
EASEMENTS,
ABUTTERS
RIGHTS
OF
ACCESS
AND
WATER
RIGHTS,
AND
ACCEPT
THE OFFER
OF
DEDICATION OF
ALL
STREETS AS
SHOWN
ON
SAID
MAP
SUBJECT
TO
THE
IMPROVEMENTS
BEING
COMPLETED,
IN
ACCORDANCE
WITH
CHAPTER 16,
TITLE
16. 16
OF
THE
CITY
OF
LATHROP
MUNICIPAL
CODE.
I
FURTHER
STATE
THAT
ALL
BONDS
AS
REQUIRED BY
LAW
TO
ACCOMPANY THE WITHIN
MAP
HAVE
BEEN
APPROVED BY
THE CITY
COUNCIL
OF
THE CITY
OF
LATHROP
AND
FILED
IN
MY
OFFICE.
DATED
THIS
DAY
OF
2024,
TERESA
VARGAS
CITY
CLERK
AND
CLERK
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
LATHROP,
COUNTY OF
SAN
3000014 ,
STATE
OF
CALIFORNIA SECRETARY OF
THE
PLANNING
COMMISSION' S
STATEMENT:
THIS
MAP
CONFORMS TO
THE
VESTING
TENTATIVE
TRACT
MAP
N0.
3225
APPROVED BY
THE
PLANNING
COMMISSION ON
THE
2024.
DATED
THIS
DAY
OF
6100600
CACUTAT
SECRETARY OF
THE PLANNING
COMMISSION
COMMUNITY
DEVELOPMENT
DIRECTOR
COUNTY
RECORDER' S
STATEMENT:
FILED
THIS
DAY
OF
OF MAPS
AND
PLATS,
AT
PACE
FEE:
9 2024
2024,
AT .
M.
IN
BOOK
AT
THE REQUEST OF
BY:
STEVE
3 BESTOLARIDES
ASSISTANT/ DEPUTY
RECORDER
ASSESSOR -
RECORDER -
COUNTY
CLERK
SAN
300001N
COUNTY,
CALIFORNIA SHEET 1
OF
4 15225- RES
223
05 W
98 34
L
5 BNDY- 1123''
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1,
m
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la
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Is,
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SEC
34 M. D. B.&
M.
I
s_
T. 25..
R.
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SEC
3 CRY
OF
LATHROP
M.
D. B.& M.
APN
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289.
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686
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05- 30- 2024
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CRY
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2004- 289129
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W
42. 55'
BNDY R- 2)
87° 59' 16.
35'. 92'( 9. 3)
489° 06' 50' 8
1100.854'(
N89° 06.
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W
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PM
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SANGHA DOC
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63 D
M -
M
MONUMENT TO
MONUMENT
M -
ML
MONUMENT TO
MONUMENT
LINE
M -
PL
MONUMENT TO
PROPERTY
LINE
LE
LANDSCAPE
EASEMENT
PUE
PUBLIC
UTILITY
EASEMENT
M&P
MAPS
AND
PLATS
WE
WALL
EASEMENT
R)
RADIAL
BEARING
RECORD
DISTANCE
S
J.C. R.
SAN
404001N
COUNTY
RECORDS
3:
INDICATES
SHEET
NUMBER
NOTES:
1. ALL
DISTANCES
SHOWN
ARE GROUND
LEVEL
DISTANCES.
2 TRACT
3225,
MOSSDALE
LANDING -
NEIGHBORHOOD 12
CONTAINS 66
RESIDENTIAL
LOTS,
CONTAINING 13. 26
ACRES,
MORE
OR
LESS,
INCLUDING THE ROADWAY
THAT
IS
BEING
DEDICATED BY
THIS
FINAL
MAP,
ALL
SHOWN
HEREIN .
REFERENCES: 8-1)
TRACT
N0 .
3379, MAPS
PLATS
BK .
39,
PC.
22,
S .
J .
C. RR- 2
DOC .
N0 .
2003- 292238,
S. J .
C .
R ,
R- 3
DOC .
N0.
2003- 292239,
S. J .
C .
R ,
R- 4
TRACT
N0.
3437, MAPS
PLATS
BK .
40,
PC.
49,
S. J .
C. R.
BASIS
OF
BEARINGS:
THE
BEARING
NORTH
01' 50' 30"
WEST
BETWEE
THE
FOUND
MONUMENTS ON
MCKEE
BOULEVARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS
AND
PLATS ,
AT
PAGE
22,
SAN
JOAOUIN
COUNTY
RECORDS,
WAS
USED
AS
THE
BASIS
OF
BEARINGS
SHOWN
HEREON
TRACTNO .
3225
SUBDIVISIONS OF
SAN
JOAQUIN
COUNTY
MOSSDALE
LANDING -
NEIGHBORHOOD 12
SAN
JOAOUIN
COUNTY
RECORDS,
BEING A
PORTION OF
SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE
8 MERIDIAN
CITY
OF
LATHROP
SAN
408041N
COUNTY,
CALIFORNIA
SHEET 2
OF
4 MACKAY
8c
5omPs
ENGINEERS
PLANNERS
SURVEYORS
5I42B
FRANKLIN OR,
SUITE
B
PLEASANTON .
CA
94588 (
925) 225- 0690
APRIL
2024
25225- RES
224
98 23'
28 II
I
III
LEGEND
488
66007 2
SF
480° 09' 470
110. 177
00'
6 6600' 3
SF
808° 09' 47° E
110. 00'
6600! 4
SF
888° 09' 47' E
110. 00'
6600'- 5
SF
B8° 09'
47 0
110. 00'
6600! SF
88°
09' 47. 6
110. 00'
10'
80E
66001 7
SF
488°
09' 47' E
110. 00'
DISTINCTIVE
BORDER
RIGHT
OF
WAY
LINE
LOT
LINE/ PARCEL
LINE
SECTION
LINE EXISTING
PROPERTY
LINE
EASEMENT
LINE
MONUMENT RELINQUISHMENT LINE
OF
ABUTTER'
S
RIGHTS
O
FOUND 2
1/2"
BRASS
DISK
IN
CONCRETE
MONUMENT
BOX UNLESS
OTHERWISE
NOTED
OP
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M
M -
ML
M -
PL
LE
N89° 37' 4(32' 9)
100.
4= 2
32' 12' 41'
L=12. 66'
1 10'
PUE
J
6775022 N88° 57
09' 47' 6
100. 0
64500 21
SF
488°
09'
47'
E
100. 00
64500 20
SF
088°
09' 47" E
100. 00'
64504 19
SF
888° 09' 47°
E
100 0
00'
Y64501 18
SF
10'
PUE
888' 09' 47' 4
100.
00'
05- 110- 2024
12. 51gn
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Moc3onoia
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FM \
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3225
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7 s.
L
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272
I
r
42. 4z'
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PUE 73340 24 41°
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20. 4=
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3°55' 42'
L=22. 49'
60000 26
SF
60. 00'
19 A= 3° I1'
55' 34'
NB2° 54. 000541. 4
1-
L= 51. 10' 90. F1=
00'
488° 10' N87° 21' 6
21 '
51 `
W- - -
0 9=19° 28' 18'
67. 70'
46. 69' -
m
L. 30. 59'
ry
o .
m
488° 10' 276 19. 69'
WEATHERVANE
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azzzs'- MM - -
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173. 97.
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412
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A=9° 0 04'29' 14. 90'
55 SEE
SHEET 4
SET
2 1/
2"
BRASS
DISK
STAMPED "
LS
8817" M
MONUMENT
BOX
PER
CITY
OF
LATHROP
STANDARDS
ANGLE
POINT CENTERLINE BOUNDARY EXISTING MONUMENT TO
MONUMENT
MONUMENT TO
MONUMENT
01140
MONUMENT TO
PROPERTY
LINE
LANDSCAPE
EASEMENT
272. 8=
00'
4. 29'
8° 4=
55' 34'
L=42. 38' 79360
SF
60000
SF
60000
SF
488° 10' 21' E
85650
SF
442° 54' 405' 466.
09. 47.
5 125. 10'
1D'
PUE
PUEM&P
R)WE S. J. 0R
73600
SF
488°
09' 47° E
120. 24'
PUBLIC
UTILITY
EASEMENT
MAPS
AND PLATS
WALL
EASEMENT
RADIAL
BEARING
RECORD
DISTANCE
SAN
JOAQUIN
COUNIY
RECORDS
INDICATES
SHEET
NUMBER
2 59934 27
SF ,,
161 1A 9° A=
59' L= s,14' 15. 69'
407° 05' ERS5" 44
482° 54' W05°
129. 23'
76320
5F
73120
SF
64 BASIS
OF
BEARINGS:
THE
BEARING
NORTH
01' 50' 30"
WEST
BETWEEN
THE
FOUND
MONUMENTS ON
MCKEE
BOULEVARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS
AND
PLATS,
AT
PAGE
22,
SAN
JOAQUIN
COUNTY
RECORDS ,
WAS
USED
AS
THE
BASIS
OF
BEARINGS
SHOWN
HEREON.
126040
SF
A=5 °
20' 05 '
0=6 .
15'
1 R= 90. 00'A=19° 28' 18'
31 1
L=30. 59'
67450
SF
062° 34' W30'
112, 00'
67200
5F
862 °
34' W30°
112 .
00 '
33 10'
POE
67200
SF
34 Curve
Table
Curve
4 Radius
Delta
Length
G1
20. 00'
90 °
00' 00'
31 .
42 '
C2
20. 00'
90 °
00' 00'
31. 42'
NOTES:
1. ALL
DISTANCES
SHOWN
ARE GROUND
LEVEL
DISTANCES.
2 TRACT
3225.
9055DALE
LANDING -
NEIGHBORHOOD 12
CONTAINS 66
RESIDENTIAL
LOTS,
CONTAINING 13. 26
ACRES,
MORE
OR
LESS.
INCLUDING THE ROADWAY
THAT
IS
BEING
DEDICATED BY
THIS
FINAL
MAP,
ALL
SHOWN
HEREIN .
TRACT
NO.
3225
SUBDIVISIONS OF
SAN
JOAQUIN
COUNTY
MOSSDALE
LANDING •
NEIGHBORHOOD 12
SAN
JOAQUIN
COUNTY
RECORDS,
BEING A
PORTION OF
SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE
8 MERIDIAN
CITY
OF
LATHROP
SAN
JOAQUIN
COUNTY,
CALIFORNIA
REFERENCES: 1R- 1
TRACT
NO.
3379 ,
MAPS &
PLATS
BK .
39. PG.
22. 30. 0. 8.
R- 2
DOC. NO.
2003- 292238, S .
J.0 .
R .
R- 3
DOC. N0.
2003- 292239, 5 .
2. 08 .
18- 4
TRACT
N0.
3437 ,
MAPS &
PLATS
BK .
40. PC .
49,
SJ. C. R .
SHEET
3 OF
4 MACKAY &
soups
ENGINEERS
PLANNERS
SURVEYORS
51428
FRANKLIN 0R ,
SUITE
B
PLEASANTON,
CA
94588 (
925) 225- 0690
APRIL
2024
25225- RES
225
655
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s
5 16Y Q1
Y
NB9°
0' 54. 4404
266.
08'
M -
M -
PL
M
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ml
05- 30- 2024
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N86
88) 09' 47' E
110. 00'
6600'- 10
SF
00 N88
100
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09' 47' E
110. 00'
988. 09'
47'
E
110. 00
1 10'
PUE of12 a t1
885-
5±
SF
1 A=20. 00'
11- 5, 9, 87) 18' 40. L±30 .
47'
91. 05'
6450± 15
SF
N88° 09' 47' 6100
6450± 14
SF 88'
09'
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0 100. 00'
7642± 13
SF
10'
PUE
79. 489° 06' 50' 9
170. 19
889)
06'
50' W
271. 31'
N -
M
244. 28'
M -
8L
28 28' N88'
47' 09'
E
10'
PUE
82341 59
SF 00.
00 7889± 60
SF
10' PUE
1 74. 74'
75. 67'
N89° 06' 50' 4
150. 42'
N89° 06' S0' W
238. 19'
M -
M
APPLE
GROVE
AVENUE
N89° 06' 50' 4
375. 19'
53. 78'
1 60. 00
A- 20. 00'
8=92° 43' 27'
L=
32. 7142± 48 37'
SF
70. 00'
47 0
6000±
SF
60. 00'
T
I5,
R
5. 580
34 81. 0 ±.
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8. 6E
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5F
60. 00' 6000, 45
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60 Ow
60. 00
CITY
OF
LATHROP
APN
191- 100- 15
221
60. 00' 60. 00'
44 0
6000±
SF
60001 43
SF 60.
00'
60 .
00' 489'
05'
50'
W
597. 43'
BNDY
CRY
OF
LATHROP INSTRUMENT NO.
2004- 289129
8190. 00920, 3T6g• N78 °
3902' W( Rj
27. 41'
L3226
3. 166
e=40 °
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88° 10' 28'
1=46? 2
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NO ` 53'
6076± 42
5F °
62. 00'
66181 41
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01'
6=9 °
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01'
38 L =
15. 55'
8713_
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NB2° 34' 8430'
110. 66'
NB7 °
31_ 29
E( R)
6=10 °
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rr
L=16. 70'
m
9-a 3
U O
SECTIO
LINE
EXISTING
PROPERTY
LINE
EASEMENT
LINE
MONUMENT
LINE
RELINQUISHMENT OF
ABUTTER' S
RIGHTS
FOUND 2
1/ 2)
BRASS
DISK
IN
CONCRETE
MONUMENT
BOX UNLESS
OTHERWISE
NOTED
SET
2 1/2"
BRASS
DISK
STAMPED
l5
8817'
IN
MONUMENT
BOx
PER
COY
OF
LATHROP
STANDARDS
ANGLE
POINT
BNDY
BOUNDARY
CL
CENTERLNE
Ex
0X151140
M -
M
MONUMENT TO
MONUMENT
M -
ML
MONUMENT TO
MONUMENT
LINE
M -
PL
MONUMENT TO
PROPERTY
LINE
LE
LANDSCAPE
EASEMENT
PUE
PUBLIC
UTILITY
EASEMENT
M&P
MAPS
AND
PLATS
WE
WALL
EASEMENT
R)
RADIAL
BEARING
RECORD
DISTANCE
S. J .
C. R.
SAN
00400186
COUNTY
RECORDS
Cf.)
INDICATES
SHEET
NUMBER
1 ALL NOTES:
0251ANCES
SHOWN
ARE GROUND
LEVEL
DISTANCES.
2. TRACT
3225.
MO5SOALE
LANDING -
NEIGHBORHOOD 12
CONTAINS 66
RESIDENTIAL
LOTS,
CONTAINING 13. 26
ACRES,
MORE
OR
LESS,
INCLUDING THE ROADWAY
THAT
15 BEING
DEDICATED BY
THIS
FINAL
MAP,
ALL
SHOWN
HEREIN.
REFERENCES: R- 1
TRACT
N0 .
3379,
MAPS &
PLATS
BK .
39. PG.
22. 5. J .
C .
R.
R- 2
DOC.
N0 .
2003- 292238.
S. J .
C .
R .
R- 3'
DOC.
N0.
2003- 292239,
S. J. C. R.
R- 4
TRACT
N0 .
3437,
MAPS &
PLATS
BK .
40,
PC .
49,
SJ .
C .
R .
BASIS
OF
BEARINGS:
THE
BEARING
NORTH
01' 50' 30 "
WEST
BETWEEN
THE
FOUND
MONUMENTS ON
MCKEE
BOULEVARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS
AND PLATS,
AT
PAGE
22,
SAN
JOAOUIN
COUNTY
RECORDS.
WAS
USED
AS
THE
BASIS
OF
BEARINGS
SHOWN
HEREON. TRACT
NO.
3225
SUBDIVISIONS OF
SAN
JOAQUIN
COUNTY
MOSSDALE
LANDING -
NEIGHBORHOOD 12
SAN
305981N
COUNTY
RECORDS,
BEING A
PORTION OF
SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE &
MERIDIAN
CITY
OF
LATHROP
SAN
JOAQUIN
COUNTY,
CALIFORNIA
SHEET
4 OF
4 MACKAY &
somPs
ENGINEERS
PLANNERS
SURVEYORS
5I42B
FRANKLIN DR .
55118
B
PLEASANTON .
CA
94588 (
925) 225- 0690
APRIL
2024
25225- RE5
226
ATTACHMENT" 2 "
CITY OF LATHROP
SUBDIVISION IMPROVEMENT AGREEMENT
MARIPOSA — TRACT 3225
K. HOVNANIAN HOMES NORTHERN CALIFORNIA, INC.
This Subdivision Improvement Agreement (" Agreement") is made and entered into this 10th day of June, 2024 (" Effective Date"), by and between the CITY OF LATHROP, a municipal corporation of the State of California (" CITY') and K. Hovnanian Homes Northern California, Inc., a California Corporation (" SUBDIVIDER"), regarding APN: 191-9- 032 located within the City of Lathrop (" PROPERTY') .
RECITALS
A. On January 27th 2003, CITY approved Vesting Tentative Map for Tract 3225 VTM) to create 66 residential lots on 13. 26 acres of land.
B. SUBDIVIDER intends to record one Final Map for Tract 3225 to complete the Mariposa Subdivision, as shown in Exhibit " A" (hereinafter " Final Map"). The land for the proposed Final Map is within the geographic boundaries ofVTM.
C. SUBDIVIDER shall be responsible for compliance with all Conditions ofApproval associated with, including, without limitation, the construction or cash deposit of specified improvements ( as that term is defined below) as described more fully herein.
D. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and CITY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make certain offers of dedication and to construct certain Improvements required under the Conditions of Approval on the VTM (collectively, "COAs") and as identified in the approved Final Map, Improvement Plans and this Agreement. 227
For purposes of this Agreement, the term " Improvements" shall collectively mean all public improvements required under the COAs and as expressly set forth in this Agreement that will provide services and access to lots within the Final Map and the term " Improvement Plans" shall collectively refer to the Improvement Plans approved by CITY.
AGREEMENT
NOW, THEREFORE, in consideration of CITY' S pending ( 1) approval of the Final Map on June 10, 2024, and subsequent recordation; (2) approval of Improvement Plans in accordance with the terms of this Agreement and all applicable laws and regulations, the parties hereto mutually covenant and agree as follows:
1. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the Improvements as specified and in accordance with the provisions of this Agreement. All Improvements shall be constructed to the reasonable satisfaction and approval of the City Engineer, in an ethical and workmanlike manner in accordance with the approved Improvement Plans and specifications, the applicable improvement standards and specifications of the CITY' S Department of Public Works, the applicable Ordinances of the City Lathrop, and the applicable provisions of the California Subdivision Map Act.
2. SUBDIVIDER shall complete, and CITY shall have accepted all Improvements by June 10, 2025, subject to any extension( s) provided for herein and as otherwise expressly provided for in this Agreement. Provided, however, that said deadline shall be extended for twenty- four 24) months upon SUBDIVIDER' srequest to CITY, supported by reasonable documentation that it is using commercially reasonable efforts to complete same and have said Improvements accepted by CITY.
3. CITY, or its agent( s), shall, at any time during the progress of the Improvements, 228
have free access thereto, and shall be allowed to examine the same and all material to be used therein. If the Improvements or any part thereof are not completed in strict compliance with the standards set forth in Paragraph 1 above, CITY may refuse to accept and may reject the defective Improvements and/ or materials therein.
4. SUBDIVIDER shall secure the services of skilled personnel necessary to construct the Improvements. CITY is not skilled in these matters and relies upon the skill of the SUBDIVIDER to ensure that the construction of the Improvements is in the most skillful and durable manner.
5. CITY' S acceptance of the Improvements does not operate as a release of SUBDIVIDER from any guarantee hereunder.
6. The parties acknowledge and agree that SUBDIVIDER is removing any existing well sites as required in accordance with applicable laws and regulations, including those required by the County Environmental Health Department. The parties further acknowledge and agree that SUBDIVIDER is conveying any and all of SUBDIVIDER' Sgroundwater rights associated therewith, if any, to CITY via the Final Map.
7. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any defects in work or labor done and from any defects in materials furnished. Further, SUBDIVIDER shall repair and warranty the Improvements in good condition and in accordance with CITY specifications for one 1) year after CITY' Sacceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with CITY a Warranty Bond in the amount equal to 10% of the final construction cost ( Cost x 10%) for the Improvements for Tract 3225 to ensure SUBDIVIDER' srepair and warranty of the Improvements in accordance with the 229
terms ofthis Agreement. The Warranty Bond shall be released at the end ofthe one- year guarantee period provided no claims against it are then outstanding.
8. IfSUBDIVIDER, in whole or in part, abandons the Improvements, or unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement, or fails to repair, replace or reconstruct any defects, CITY may, but is not required to, proceed to complete and/ or repair, replace, or reconstruct the Improvements, either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement, or reconstruction incurred by CITY. Once action is taken by CITY to complete, repair, replace and/ or reconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY to complete and/ or repair, replace, or reconstruct the Improvements, even if SUBDIVIDER subsequently completes the work.
9. The CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security ( including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) therefore is insufficient to pay such amounts. All administrative costs, including reasonable attorney' sfees pursuant to Government Code Section 66499. 4, incurred by the CITY, in addition to the costs of the improvements shall be a
proper charge against the security and SUBDIVIDER. In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.
10. SUBDIVIDER is required to post Performance and Labor & Materials bonds to 230
guarantee the Improvements associated with the Final Map as included and described in Exhibit C" of this Agreement. The amount of performance security shall be equal to the unfinished Improvement cost plus a 50% contingency (Cost x 150%). The corresponding labor and materials bond amount shall be 50% of the performance bond amount ( Performance Security x 50%).
Further, SUBDIVIDER shall also comply with CITY' sinsurance requirements set forth on Exhibit B" attached hereto and incorporated herein. The Performance and Labor & Materials bond values are shown in Table 1 of this Agreement.
Table 1— Bond Values
Improvement Total 3, 437,12
Performance Bond Value ( 150% of Unfinished Improvement Total) 5, 156,18 Labor & Materials Bond Value ( 50% of Performance Bond Value) 2, 578, 059
11. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the offsite improvements required by the Tract 3225 COA' s of the VTM. SUBDIVIDER shall obtain or cause to be obtained an encroachment permit, prior to commencing any work in the City Right -of -Way, from City for the improvements listed in subsection " a", and " b" below. The guarantees for the offsite improvements shall be included with the guarantees of the Project shown in Table 1 above. The offsite improvements include, but are not limited to, completion of the following offsite improvements ( hereinafter collectively referred to as " Offsite Improvements"):
a. Brookhurst Boulevard and Golden Valley Parkway Improvements: The applicant shall repair any existing pavement if determined to need maintenance by the City Engineer, install landscaping and irrigation, and repair any concrete sidewalks or curb ramps along the frontage of the Project that are not compliant with current ADA and City Standards.
b. McKee Boulevard Improvements: The applicant shall repair any existing pavement 231
if determined to need maintenance by the City Engineer, construct curb, gutter, sidewalk, and install landscaping along the frontage of the Project.
12. As required by COA No. 53 of the VTM that runs with the PROPERTY, SUBDIVIDER is required to complete or guarantee all required traffic signals, off -site street improvements and interchange improvements based on the City' s Traffic Monitoring Program TMP) for each phase and with the appropriate final map. A traffic signal is required at the intersection of Brookhurst Boulevard and Golden Valley Parkway and therefore SUBDIVIDER, in compliance with COA No. 53, shall deposit with CITY $ 215,9 prior to recordation of the Final Map as their fair share of the traffic signal.
13. Pursuant to the City of Lathrop Municipal Code section 16.60, SUBDIVIDER is required to construct all frontage improvements as detailed in the above code section.
Improvements that are the responsibility of the SUBDIVIDER have been constructed on Golden Valley Parkway by another developer and the CITY reimbursed that developer for the costs of said improvements. Therefore, instead of constructing the improvements, SUBDIVIDER is responsible for reimbursing the CITY for it fair share of costs of the improvements. PROPERTY fronts 563, 021. 84 of improvements on Golden Valley Parkway, therefore, SUBDIVIDER shall deposit with CITY $ 563, 021. 84 prior to recordation of the Final Map as their fair share of costs of the improvements.
14. SUBDIVIDER shall, prior to offering dedication of improvements to CITY, provide or cause to be provided the GIS layers and attributes in compliance with the City Standards effective at the time of offering dedication of improvements to CITY related to Tract 3225 as well as the Offsite Improvements.
15. Neither CITY nor any of its officers, employees or agents shall be liable to 232
SUBDIVIDER, and/ or SUBDIVIDER' Sagents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be performed under this Agreement on SUBDIVIDER PROPERTY other than the parcels of the subdivision owned by SUBDIVIDER and its successors and assigns).
16. Neither CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER or to any person, entity, or organization, for any injury or damage that may result to any person or property from the subdivision of all or any part of the land covered by this Agreement.
17. SUBDIVIDER hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, the " Indemnitees"), harmless from any liability for damage or claims which arises from SUBDIVIDER and/ or SUBDIVIDER' S contractors, subcontractors, agents, lessees, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any of SUBDIVIDER' Scontractors, subcontractors, lessees, orby any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDIVIDER' Scontractors or subcontractors.
18. SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, or legal proceedings of any type that maybe brought or instituted against CITY and the Indemnitees on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CITY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER performance or non- performance ofits duties and obligations under this Agreement, or from the negligent act or omission of itself, its agents, contractors, representatives, servants or employees, except in the event and to the extent said claims resulted from the gross negligence or willful misconduct of CITY and/ or the Indemnitees. 233
The promises and agreement to indemnify and hold harmless set forth in this Paragraph are not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this work or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not, and shall not, waive any rights against SUBDIVIDER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY of any deposit with CITY by SUBDIVIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages ofevery kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this Paragraph 20, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision.
19. Neither SUBDIVIDER nor any of SUBDIVIDER' Sagents, contractors, lessees or subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' Sobligations under this Agreement. Neither CITY nor any of CITY' s
agents, contractors, lessees or subcontractors are, or shall be, considered to be agents of SUBDIVIDER in connection with the performance of any work contemplated under this Agreement. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY, which such consent shall not be unreasonably delayed, conditioned or denied, except that this Agreement may be assigned to any purchaser or transferee of an interest in all or a part of the SUBDIVIDER PROPERTY without the need for CITY consent. If such consent is given, or not required, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDIVIDER, and any heirs, successors, executors, administrators and assignees of SUBDIVIDER shall be jointly and severally liable hereunder unless SUBDIVIDER and its assignee have executed an Assignment and Assumption Agreement 234
in which case SUBDIVIDER shall be released from all of its obligations hereunder so assigned to the assignee. Notwithstanding anything to the contrary in the foregoing, SUBDIVIDER shall be permitted to assign its rights and obligations under this Agreement to any " Affiliate", which is defined to mean an entity or person that is directly or indirectly Controlling, Controlled by, or under common Control of SUBDIVIDER. The term " ControP' as used herein, shall mean the power to direct the day- to- day management of SUBDIVIDER, and it shall be a presumption that Control with respect to a corporation or limited liability company is the right to exercise, directly or indirectly, more than fifty percent ( 50%) of the voting rights attributable to the Controlled corporation or limited liability company, and, with respect to any individual, partnership, trust, other entity or association, Control is the possession, indirectly or directly, of the power to direct or cause the direction of the day- to- day management of the controlled entity.
20. Prior to acceptance of the Improvements by the City Council, the SUBDIVIDER shall be solely responsible for maintaining the quality of the Improvements, and maintaining safety at the project site. The SUBDIVIDER' S
obligation to provide the Improvements shall not be
satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Improvements as complete. The CITY and SUBDIVIDER shall form Community Facilities Districts to finance maintenance and improvements within 2 months of Final Map approval. The CITY expects to preserve the ability to use future special taxes of the CFD for payment of the cost of acquisition of the Improvements, which may require that acceptance of improvements by CITY be subject to the provisions of an acquisition agreement to be entered into by the CITY and SUBDIVIDER providing that CITY expects to be paid or reimbursed acquisition costs through future CFD special taxes. SUBDIVIDER shall cooperate to facilitate such method 235
of acquisition.
21. SUBDIVIDER shall, at its expense, require or cause to require all its contractors and sub -contractors to obtain and maintain all necessary permits and licenses for construction of the Improvements, and commercially reasonable insurance. Prior to the commencement of said Improvement construction, the General Contractor/ subcontractors shall obtain a City of Lathrop Business License. SUBDIVIDER and CITY, as applicable, shall comply with all applicable local, state and federal laws applicable to this Agreement whether or not said laws are expressly stated in this Agreement.
22. This Agreement and the Exhibits attached hereto comprise the entire understanding and agreement between the parties regarding the subject matter of this Agreement. The Recitals are incorporated into this Agreement by this reference, as if fully set forth herein.
23. Notices. For purposes of this Agreement, " notice" means any notice, demand, request, or other communication to be provided under this Agreement. All notices shall be in writing and shall be sent to the below addresses or at such other addresses as either party may later specify for that purpose.
24. All notices required or permitted under this Agreement shall be personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, such as FedEx or UPS, with charges prepaid for next business day delivery, addressed to the parties as follows:
If to CITY:
With a copy:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
Email: website cco( ai. Iathrop. ca. us
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
236
Attn: Salvador Navarrete, City Attorney
Email: website_ cao@ci. lathrop. ca. us
If to SUBDIVIDER: K. Hovnanian Homes Northern California, Inc 3721 Douglas Boulevard, Suite 150
Roseville, CA 95661
Attn: John Baayoun
Email: JBaayoun@KHOV. COM
The date of any notice shall be the date ofreceipt, provided that, rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice sent. Either party may change its address for notice by giving notice to the other party in accordance with this Paragraph 26.
27. The following miscellaneous provisions are applicable to this Agreement:
a. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. c. Exhibits. The following exhibits are attached to this Agreement and are incorporated to this Agreement by this reference:
EXHIBIT A: FINAL MAP TRACT 3225
EXHIBIT B: CITY INSURANCE REQUIREMENTS
EXHIBIT C: TOTAL IMPROVEMENT ESTIMATE
d. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of terrorism; epidemics and related governmental orders and restrictions; quarantine restrictions; freight embargoes; materials shortages and/ orinability to obtain materials due to tariffs, governmental restrictions or priority; unusually severe weather; acts 237
or omissions of the other party; or acts or failures to act of any public or governmental agency or entity ( except that acts or failures to act of CITY shall not excuse performance by CITY); or moratorium ( each a " Force Majeure Delay"). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice ( as that term is defined above) by the party claiming such extension is sent to the other party within sixty ( 60) days of the commencement of the cause. e. 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.
Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement. g. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. h. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
i. Successors and Assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
j. Time of the Essence. Time is of the essence of this Agreement and each of its provisions ( subject to Subparagraph 27( d)). In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first day and including the last. Ifthe time in which an act is to be performed falls on a Saturday, Sunday or any day observed 238
as a
legal holiday by CITY, the time for performance shall be extended to the following business day.
k. Venue. In the event either party brings that suit hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin. The party in whose favor judgment is entered shall be awarded reasonable attorneys' fees.
239
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 10th day of June 2024.
CITY OF LATHROP,
A California municipal corporation of the
State of California
By:
Stephen J. Salvatore Date
City Manager
ATTEST:
City Clerk of and for the City
of Lathrop, State of California
By:
Teresa Vargas
City Clerk
Date
APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY By:
Salvador Navarrete
City Attorney
S - 7-7- to Z
y
Date
240
SUBDIVIDER:
By: K. Hovnanian Homes Northern California, Inc
a California Corporation
John Baayoun Date
Division President
241
EXHIBIT A
FINAL MAP TRACT 3225
242
NEIGHBOR
M
PURPOSES
WEATHERV
2 PURPOSES
W
M
SOUN DW
STRIP
SHO
M
APPURTENA
UPO
N
OVE
AN
TH
UNDE
E
OF STRI
SHOWLAN
N
UPO
SAI
MAP
MARKED '
PUBLIC
UTILITY
EASEMENT' (
PUE).
4 A
NON- EXCLUSIVE
EASEMENT
TOGETHER
WITH
THE
RIGHT
TO
CONSTRUCT,
REPAIR
AND
MAINTAIN
LANDSCAPING,
OVER
AND
UNDER
THE
STRIPS
OF
LAND
SHOWN
UPON
SAID
MAP
MARKED '
LANDSCAPE
EASEMENT"
LE).
THEUNDERSIGNED
DOES
HEREBY
REL1400104
ANY
AND
ALL RIGHTS
OF
INGRESS
AND
EGRESS
TO
VEHICULAR
TRAFFIC (
ABUTTERS
RIGHTS)
TO
BROOKHURST
BOULEVARD
AND
GOLDEN
VALLEY
PARKWAY
ALONG
THE
LOT
LINES
INDICATED BY
THE
SYMBOL / /
0//
TO
ENSURE
MUNICIPAL
W
ATER
SERVICES TO
ALL
LOTS
SHOW
N
UPON
THIS
MAP,
ALL WATER
RIGHTS
THAT
THEUNDERSIGNED
MAY
HAVE
WITHIN
THEDISTINCTIVE
BORDER
UPON
THIS
MAP,
HEREBY
ARE
DEDICATED TO
THE
CITY
OF
LATHROP.
THIS
MAP
SHOWS
ALLEASEMENTS OF
RECORD
ON
THE PREMISES
OWNER:
K.
HOVNANIAN
HOMES
NORTHERN
CALIFORNIA,
INC,
A
CALIFORNIA
CORPORATION
PRINTED
NAME.
SIGNATURE.
DATE: TITLE: OWNER' S
ACKNOWLEDGEMENT:
A
NOTARY
PUBLIC
OR
OTHER
OFFICER
COMPLETING
THIS
CERTIFICATE
VER1F1ES
ONLY
THE
IDENTITY
OF
THE
INDIVIDUAL
WHO
SIGNED
THE DOCUMENT TO
WH1CH
THIS
CERTIFICATE IS
ATTACHED,
AND
NOT
TH
E
TRUTHFULNESS,
ACCURACY,
OR
VALIDITY OF
THAT
DOCUMENT.
STATE
OF
CALIFORNIA (
SS
COUNTY OF
ON
2024,
BEFORE
ME
A
NOTARY
PUBLIC,
PERSONALLY
APPEARED
WHO
PROVED TO
ME
ON
THE
BASIS
OF
SATISFACTORY
EVIDENCE TO
BE
THE
PERSON
WHOSE
NAME
IS
SUBSCRIBED TO
THE
W ITH
IN
INSTRUMENT
AND
ACKNOWLEDGED TO
ME
THAT
HE
EXECUTED
TH
E
SAME
IN
HIS
AUTHORIZED
CAPACITY,
AND
BY
HIS
SIGNATURE ON
THE
INSTRUMENT THE PERSON,
OR
ENTITY
UPON
BEHALF
OF
WHICH
THE
PERSON
ACTED,
EXECUTED THE
INSTRUMENT.
1 CERTIFY
UNDER
PENALTY OF
PERJURY
UNDER
THE
LAWS
OF
THE
STATE
OF
CALIFORNIA
THAT
THE
FOREGOING
PARAGRAPH IS
TRUE
AND
CORRECT.
WITNESS
MY
HAND:
SIGNATURE: PRINTED
NAME,
NOTARY
PUBLIC IN
AND
FOR
SAID
COUNTY
AND
STATE
PRINCIPAL
COUNTY OF
BUSINESS:
COMMISSION
EXPIRES:
COMMISSION N
OF
NOTARY:
D.
D.
SHEET
N0.
48)
05- 30- 2024
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VICINITY
M
AP
NOT
TO
SCALE
SURVEYOR' S
STATEMENT:
THIS
W MAP
AS
PREPARED BY
ME
OR
UNDER
MY
DIRECTION
AND
IS
BASED
UPON A
FIELD
SURVEY
M
ADE
IN
CONFORMANCE
WITH
THERE001REMENTS OF
THE SUBDIVISION
MAP
ACT
AND
LOCAL
ORDINANCE AT
THE REQUEST OF ,
IN
JUNE,
2019.
I
HEREBY
STATE
THAT
THIS
FINAL
MAP
SUBSTANTIALLY
CONFORMS TO
THE APPROVED OR
CONDITIONALLY
APPROVED
VESTING
MAP.
TENTATIVE
1 FURTHER
STATE
THAT
ALL
THEMONUMENTS
SHOWN
HEREON
WILL
BE
OF
THE
CHARACTER
AND
OCCUPY
THE POSITIONS
INDICATED
BEFORE
SAID
FINAL
MAP
1MPROVEMENTS
ARE
ACCEPTED BY
THE
CITY
OF
LATHROP,
AND
THAT
SAID
MONUMENTS
WILL
BE
SUFFICIENT TO
ENABLE
THIS
SURVEY TO
BE RETRACED.
DATED
THIS
DAY
OF
2024.
IAN
BRUCE
M
ACOONALD
LS
NO.
8817,
RIGHT
TO
FARM
STATEMENT:
PER
CITY
OF
LATHROP
CODE
OFORDINANCES.
TITLE
15 CHAPTER 15. 48. 04,
THE
CITY
OF
LATHROP
PERM
ITS
OPERATION OF
PROPERLY
CONDUCTED
AGRICULTURAL
OPERATIONS WITHIN THE
CITY
LIMITS,
INCLUDING
THOSE
THAT
UTILIZE
CHEMICAL
FERTILIZERS
AND
PESTICIDES.
YOU
ARE
HEREBY
NOTIFIED
THAT
THE PROPERTY
YOU
ARE
PURCHASING
MAY
BE
LOCATED
CLOSE
TO
AGRICULTURAL
LANDS
AND
OPERATIONS.
YOU
MAY
BE
SUBJECT
TO
INCONVENIENCE OR
DISCOMFORT
ARISING
FROM
THE
LAWFUL
AND
PROPER
USE
OF
AGRICULTURAL
CHEMICALS
AND
PESTICIDES
AND
FROM
OTHER
AGRICULTURAL
ACTIVITIES,
INCLUDING
LIMITATION. WITHOUT
CULTIVATION,
PLOWING.
SPRAYING,
IRRIGATION,
PRUNING ,
HARVESTING,
BURNING OF
AGRICULTURAL
WASTE
PRODUCTS,
PROTECTION OF
CROPS
AND
ANIMALS
FROM
DEPREDATION,
AND
OTHER
ACTIVITIES
WHICH
MAY
GENERATE
DUST.
SMOKE ,
NOISE,
ODOR,
RODENTS
AND
PESTS .
BE
AWARE
ALSO,
THAT
THIS
PROPERTY
MAY
BE
LOCATED
ADJACENT
TO
AGRICULTURAL
OPERATIONS
OUTSIDE
THE
CITY '
S
JURISDICTION .
CONSEQUENTLY,
DEPENDING ON
THE
LOCATION OF
Y
OUR PROPERTY , a
MAY
BE
NECESSARY
THAT
YOU
BE
PREPARED TO
ACCEPT
SUCH
INCONVENIENCES OR
DISCOMFORT AS
NORMAL
AND
NECESSARY
ASPECTS OF
LIVING IN
AN
AGRICULTURALLY
ACTIVE
REGION.
STATEMENT
OF
SOILS
REPORT:
A
SOILS
REPORT
ENTITLED, "
HARRIS
PROPERTY,
LATHROP,
CALIFORNIA ,
000100HNICAL
EXPLORATION,
PROJECT
N0.
16252. 000. 000
AND
DATED
JULY
11,
2019,
HAS
BEEN
PREPARED
FOR
THIS
PROJECT
BY
ENGEO
INCORPORATED,
AND
THE
LETTER
OF
THIRD
PARTY
RELIANCE,
DATED
DECEMBER 13,
2023.
ARE
ON
FILE
WITH
THE
CITY
OF
LATHROP.
TA
ANY
APPROV
ALTERATIO
THEREO
FURTHE
STAT
THA
THIS
FINA
MA
COMPL
WIT
ALLAPPLICABLE
ORDINANCES OF
THE
CITY
OF
LATHROP,
AND
ANY
AMENDMENTS
THERETO,
APPLICABLE AT
THE
TIME
OF
APPROVAL OF
THE
VESTING
TENTATIVE
MAP.
DATED
THIS
DAY
OF
2024.
BRAD
R.
TAYLOR,
R. C .
E.
92823
CITY
ENGINEER OF
THE
CITY
OF
LATHROP,
CALIFORNIA
CITY
CLERK' S
STATEMENT:
1,
TERESA
VARGAS.
CITY
CLERK
AND
CLERK
OF
THE CITY
COUNCIL
OF
THE CITY
OF
LATHROP.
STATE
OF
CALIFORNIA,
DO
HEREBY
STATE
THAT
THE HEREIN
EMBODIED
MAP
ENTITLED "
TRACT
NO
3225
SUBDIVISIONS OF
SAN
JOAQUIN
COUNTY.
MOSSDALE
LANDING -
NEIGHBORHOOD 12"
CONSISTING OF
FOUR (
4)
SHEETS, WAS
PRESENTED TO
SAID
CITY
COUNCIL.
AS
PROVIDED BY
LAW,
AT
A
REGULAR
MEETING
THEREOF,
HELD
ON
THE
DAY
OF
2024,
AND
THAT
SAID
CITY
COUNCIL
DID
THEREUPON BY
RESOLUTION NO.
DULY
PASS
AND
ADOPT
AT
SAID
MEETING.
APPROVE
SAID
MAP.
AND
AUTHORIZE ITS
RECORDATION
AND
DO
HEREBY
ACCEPT
ON
BEHALF
OF
THE
CITY
OF
LATHROP,
FOR
PUBLIC
USE,
THE
000/ CAPON OF
ALL
EASEMENTS ,
ABUTTERS
RIGHTS
OF
ACCESS
AND
WATER
RIGHTS ,
AND
ACCEPT
THE OFFER
OF
DEDICATION OF
ALL
STREETS AS
SHOWN
ON
SAID
MAP
SUBJECT TO
THE
IMPROVEMENTS
BEING
COMPLETED,
IN
ACCORDANCE
WITH
CHAPTER 16,
TITLE
16. 16
OF
THE
CITY
OF
LATHROP
MUNICIPAL
CODE.
I
FURTHER
STATE
THAT
ALL
BONDS
AS
REQUIRED BY
LAW
TO
ACCOMPANY THE WITHIN
MAP
HAVE
BEEN
APPROVED BY
THE
CITY
COUNCIL
OF
THE
CITY
OF
LATHROP
AND
FILED
IN
OFFICE.
MY DATED
THIS
DAY
OF
2024 .
TERESA
VARGAS
CITY
CLERK
AND
CLERK
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
LATHROP.
COUNTY
OF
SAN
JOAQUIN,
STATE
OF
CALIFORNIA SECRETARY OF
THE
PLANNING
COMMISSION' S
STATEMENT:
THIS
MAP
CONFORMS TO
THE
VESTING
TENTATIVE
TRACT
MAP
N0.
3225
APPROVED BY
THE
PLANNING
COMMISSION ON
THE
2024.
DATED
THIS
DAY
00 RICARDO
060014T
SECRETARY OF
THE PLANNING
COMMISSION
COMMUNITY
DEVELOPMENT
DIRECTOR
COUNTY
RECORDER' S
STATEMENT:
2024
FILED
THIS
DAY
OF
2024,
AT .
M.
IN
BOOK
OF MAPS
AND
PLATS.
AT
PAGE
AT
THE REQUEST OF
FEE:
S
BY:
STEVE J.
BESTOLARIDES
ASSISTANT/ DEPUTY
RECORDER
ASSESSOR -
RECORDER -
COUNTY
CLERK
SAN
304401N
COUNTY,
CALIFORNIA SHEET 1
OF
4 25225- RES
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LANDSCAPE
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PUBLC
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MAPS
AND
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EASEMENT
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RADIAL
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DISTANCE
S .
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SAN
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COUNTY
RECORDS
3)
INDICATES
SHEET
NUMBER
NOTES:
1. ALL
DISTANCES
SHOWN
ARE GROUND
LEVEL
DISTANCES.
2. TRACT
3225.
MOSSDALE
LANDING -
NEIGHBORHOOD 12
CONTAINS 66
RESIDENTIAL
LOTS.
CONTAINING 13. 26
ACRES ,
MORE
OR
LESS,
INCLUDING THE ROADWAY
THAT
IS
BEING
DEDICATED BY
THIS
FINAL
MAP,
ALL
SHOWN
HEREIN .
REFERENCES: 7R- 11
TRACT
N0 .
3379,
MAPS
68 PLATS
BK .
39,
PG.
22 ,
S. J. C .
R .
R- 2
DOC.
N0 .
2003- 292238,
S. J. C .
R.
R- 3
DOC.
N0 .
2003- 292239,
S. J .
C .
R.
R- 41
TRACT
N0 .
3437,
MAPS
68 PLATS
BK .
40,
PG.
49 ,
S. J. C. R .
BASIS
OF
BEARINGS:
THE BEARING
NORTH
01' 50' 30 "
WEST
BETWEE
THE
FOUND
MONUMENTS ON
MCKEE
BOULE VARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS
AND
PLATS .
AT
PAGE
22. SAN
408001N
COUNTY
RECORDS,
WAS
USED
AS
THE
BASIS
OF
BEARINGS
SHOWN
HEREON .
TRACT
NO.
3225
SUBDIVISIONS OF
SAN
JOAQUIN
COUNTY
MOSSDALE
LANDING -
NEIGHBORHOOD 12
SAN
40004IN
COUNTY
RECORDS,
BEING A
PORTION OF
SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE
8 MERIDIAN
CITY
of
6879401
SAN
JOAQUIN
COUNTY,
CALIFORNIA
SHEET 2
OF
4 MACKAY &
somPs
ENGINEERS
PLANNERS
SURVEYORS
51426
FRANKLIN
DR,
SURE
B
PLEASANTON,
CA
94588 (
925) 225- 0690
APRIL
2024
25225- RES
244
5 00
288
al/
fo
23'
28'
LEGEND
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110. 00'
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110.
00'
66001 5
SF
NB8° 09' 47' 1
110. 00'
6fi006±
SF
488°
09' 47" E
110.
00'
0 PUE
66004
SF
488° 09' 47' E
110.
00'
8 PUBLIC
UTILITY
EASEMENT
MAPS
AND PLATS
WALL
EASEMENT
RADIAL
BEARING
RECORD
DISTANCE
SAN
JOAQUIN
COUNTY
RECORDS
BASIS
OF
BEARINGS .
THE
BEARING
NORTH
01' 50' 30
WEST
BETWEEN
THE
FOUND
MONUMENTS ON
MCKEE
BOULEVARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
PSMA
AND
PLATS,
AT
PAGE
22,
SAN
JOAQUIN
COUNTY
RECORDS, WAS USED
AS
THE
84015
OF
BEARINGS
SHOWN
HEREON.
DISTINCTIVE
BORDER
RICHT
OF
WAY
LINE
LOT
LINE/ PARCEL
LINE
SECTION
LINE
EXISTING
PROPERTY
LINE
EASEMENT
LINE
MONUMENT
LINE
11111
RELINQUISHMENT OF
ABUTTER' S
RIGHTS
O
FOUND 2
I/
2'
BRASS
DISK
N
CONCRETE
MONUMENT
BOX UNLESS
OTHERWISE
NOTED
05- 30- 2014
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25275\ SPV\ Y4PPINC\
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371889°
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CITY
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120. 24'
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INDICATES
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NUMBER
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SF
73124
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SF
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L=6. 15'
R=90. 00'
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L=30. 59'
67454
SF
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482' 34' 30 '
W
712. 00'
10POE
6720±
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34 Curve
Table
Curve 4
Radius
Delta
Length
C1
20. 00'
90 '
00' 00'
31. 42'
C2
20. 00'
90 '
00' 00'
31 .
42'
NOTES:
1. ALL DISTANCES
SHOWN
ARE GROUND
LEVEL
DISTANCES .
2. TRACT
3225,
MOSSOALE
LANDING -
NEIGHBORHOOD 12
CONTAINS 66
RESIDENTIAL
LOTS,
CONTAINING 13 .
26 ACRES.
MORE
OR
LESS ,
INCLUDING THE
ROADWAY
THAT
IS
BEING
DEDICATED BY
THIS
FINAL
MAP, ALL
SHOWN
HEREIN.
TRACT
NO.
3225
SUBDIVISIONS OF
SAN
JOAQUIN
COUNTY
M0SS0ALE
LANDING -
NE
IGHBORH000 12
SAN
JOAQUIN
COUNTY
RECORDS,
BEING A
PORTION OF
SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE &
MERIDIAN
CITY
OF
LATHROP
SAN
JOAOUIN
COUNTY,
CALIFORNIA
REFERENCES: R- 1
TRACT
N0.
3379,
MAPS &
PLATS
BK.
39,
PC.
22,
S .
J .
C .
R.
R- 2
DOC .
NO.
2003- 292238. S .
J.C .
R.
R- 3
DOC.
NO .
2003- 292239, S .
J.C .
R.
R- 41
TRACT
N0.
3437,
MAPS &
PLATS
BK.
40,
PC.
49,
S. J. C. R .
SHEET
3 OF
4 mACKAY &
sonPs
ENGINEERS
PLANNERS
SURVEYORS
51428
FRANKLIN DR,
56170
B
PLEASANTON ,
CA
94588 (
925) 225- 0690
APRIL
2024
25225- RES
245
47 888° 09' 47" E
110
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SF
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110. 00'
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PUE
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L=
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289°
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3.04'
286. 088'
8- 11
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M -
26 PL
76 r
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1, mll
91 .
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47 888
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00 64504 14
5F 888°
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100. 00'
76424 13
SF
79, 14'
0-
10'
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889° 06' 50" W
170. 19'
989° 06' 50° W
271, 31'
8' M
244. 28'
M. N.
V
53. 78'
l',
258=
20,
00'
02: 0403: 27°
L=32. 71424 48 37'
SF
70. 00'
60. 00'
28'
p 2B'
ti
P
pti?
A
60006 47
SF
60. 00'
60. 00'
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60. 00' `
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100. 80'
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104, 86'
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SF
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PUE
74. 74'
75. 67'
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150, 42'
L
06' N89°
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8 238. 19'
M -
M _ _
APPLE
GROVE
AVENUE -
R. 90, 00.
589°
06' 50' 8
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02 22' 9' 8P59 .
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00. 00
60004 45
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60. 00'
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5F
60. 00'
60. 00'
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C00
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LATHROP
989° 06' 50" W
597. 43'
BNDY
T.
15. , R 5E.
SEC
34 610. 3
739
APN
131- 100- 15 T_ 25. ,
6. 56.
SEC
3 MD5.
NM.
CITY
OF
LATHROP 190765MENT NO.
2004- 249120
05- 30- 2514
12P
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M0000noie
P-\
2512625\ SP
MAPW.
4 \
FM\ TR
3225
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006
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60764 42
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110. 66'
587 °
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5=10 °
37' 58 °
L816. 70'
U
SEC
LIN
EXISTING
PROPERTY
LINE
EASEMENT
LINE
MONUMENT
LINE
i
i
i
i
RELINQUISHMENT OF
ABUTTER' S
RICHES
O
FOUND 2
1/ 2 '
BRASS
DISK
IN
CONCRETE
MONUMENT
BOX UNLESS
OTHERWISE
NOTED
qD
SET
2 1/ 2 "
BRASS
DISK
STAMPED '
LS
8817'
IN
MONUMENT
BOX
PER CITY
OF
LATHROP
STANDARDS
ANGLE
POINT
BND0
BOUNDARY
CL
CENTERLINE
Ex
EXISTING
M -
M
MONUMENT TO
MONUMENT
M -
ML
MONUMENT TO
MONUMENT
LINE
M -
PL
MONUMENT TO
PROPERTY
LINE
LE
LANDSCAPE
EASEMENT
PUE
PUBLIC
UTILITY
EASEMENT
M&P
MAPS
AND
PLATS
WE
WALL
EASEMENT
R)
RADIAL
BEARING
RECORD
DISTANCE
SAN
2005015
COUNTY
RECORDS
INDICATES
SHEET
NUMBER
NOTES:
1. ALL
DISTANCES
SHOWN
ARE GROUND
LEVEL
DISTANCES .
2 TRACT
3225,
MOSSDALE
LANDING -
NEIGHBORHOOD 12
CONTAINS 66
RESIDENTIAL
LOTS,
CONTAINING 13. 26
ACRES,
MORE
OR
LESS.
INCLUDING THE ROADWAY
THAT
IS
BEING
DEDICATED BY
TH15
FINAL
MAP,
ALL
SHOWN
HEREIN .
REFERENCES: 1R- 11
TRACT
N0.
3379,
MAPS
@
PLATS
BK .
39,
PG .
22,
S. J .
C .
R .
R- 2R- 3R- 4
DOC.
N0 .
2003- 292238 ,
S. J .
C .
R .
DOC. N0.
2003- 292239 ,
S. J. C .
R .
TRACT
N0.
3437, MAP
PLATS
BK .
40,
PG.
49,
S .
J.C. R.
BASIS
OF
BEARINGS:
THE
BEARING
NORTH
01 '
50' 30 "
WEST
BETWEEN
THE
FOUND
MONUMENTS ON
MCKEE
BOULEVARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS
AND
PLATS,
AT
PAGE
22,
SAN
JOACUIN
COUNTY
RECORDS, WAS USED
AS
THE
BASIS
OF
BEARINGS
SHOWN
HEREON . TRACT
NO .
3225
SUBDIVISIONS OF
SAN
JOAQUIN
COUNTY
MOSSDALE
LANDING -
NEIGHBORHOOD 12
SAN
JOAQUIN
COUNTY
RECORDS,
BEING A
PORTION OF
SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE
8 MERIDIAN
CITY
OF
LATHROP
SAN
JOAQUIN
COUNTY,
CALIFORNIA
SHEET 4
OF
4 mACKAY &
sus
ENGINEERS
PLANNERS
SURVEYORS
51426
FRANKLIN DR,
SUITE
B
PLEASANTON,
CA
94588 (
925) 225- 0690
APRIL
2024
25225- RES
246
EXHIBIT B
CITY INSURANCE REQUIREMENTS
1. The Subdivider shall obtain commercial general liability insurance companies licensed to do business in the State of California with an A. M. Best Company rating Insurance rating of no less than A: VII which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least $ 1, 000,00 for each occurrence and $ 2, 000,00in the aggregate.
Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self- insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss. c. Include a statement that, "the insurer will provide to the City at least thirty ( 30) days prior notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
247
aoRD CERTIFICATE OF LIABILITY INSURANCE
ATE
c12/ 202023D/ YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Marsh USA LLC
1717 Arch Street
Philadelphia, PA 19103- 2797
Attn: philadelphia. certs@marsh. comor 212- 948- 0360
CN101314853-- GAW- 23-5
CONTACT
NAMEPHONE: FAX
A/ C. No. Ext): ( A/ C, No):
E- MAIL
ADDRESS:
INSURER( S) AFFORDING COVERAGE NAIC #
INSURER A : National Fire & Marine Insurance Co 20079
INSURED
K. Hovnanian Homes Northern
California, Inc.
3721 Douglas Blvd., Suite 150
Rosseville, CA 95661
INSURER B : NIA N/ A
INSURER C : Liberty Mutual Insurance Corporation 23043
INSURER D : The First Liberty Insurance Corporation 33588 INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: CLE- 007166755- 02 REVISION NUMBER: 11
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IR
LT TYPE OF INSURANCE INSD INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY)
POLICY EXP
MM/ DD/ YYYY) MM D/ YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 42- HBL- 331833- 01 10/ 31/ 2023 10/ 31/ 2025 EACH OCCURRENCE 5, 000,00 DAMAGE R ED PREMISESO( Eaoccurrence) CLAIMS - MADE X OCCUR 5, 000,00 MED EXP ( Any one person) X SIR $ N/ A
250, 00 PREM- OPS
PERSONAL & ADV INJURY X 5, 000,00
GEN' L GENERAL AGGREGATE 5, 000,00
X
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PROJECT
PER:
LOC PRODUCTS - COMP/ O AGG 5, 000,00
C AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
SCHEDULED
AUTOS
NON - OWNED
AUTOS ONLY
AS5- 621- 095402- 023 10/ 31/ 2023 10/ 31/ 2024 COMBINED SINGLE LIMIT Ea accident) 2, 000,00
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS - MADE
EACH OCCURRENCE
AGGREGATE
DED RETENTION $
D WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N N/ A
WC6- 621- 095402- 013 (AOS) 10/ 31/ 2023 10/ 31/ 2024 x PER
STATUTE
OTHER
E. L. EACH ACCIDENT 1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E. L. DISEASE - POLICY LIMIT 1, 000,00
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached it more space is required) RE: Mossdale Landing 66 in Lathrop, CA
Additional Certificate Holder: City of Lathrop, Brad Taylor, 390 Towne Centre Drive, Lathrop, CA 95330.
Lathrop Mossdale Investors, LP and the City of Lathrop, The City, elected officials, employees, agents and volunteers are included as additional insured ( except for workers' compensation) where required by written contract, provided such contract was executed prior to the date of loss.
CERTIFICATE HOLDER CANCELLATION
Lathrop Mossdale Investors, LP
Please see above for additional Certificate Holder details.
Jeffrey Abramson
1480 Moraga Road Suite C # 421
Moraga, CA 94556
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
11Ya aaali ZLS .. ...eii
ACORD 25 ( 2016/ 03)
1988- 2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo
248are registered marks of ACORD
AGENCY CUSTOMER ID: CN101314853
LOC #: Philadelphia
ACOR ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY
Marsh USA LLC
POLICY NUMBER
CARRIER NAIC CODE
NAMED INSURED
K. Hovnanian Homes Northern
California, Inc.
3721 Douglas Blvd., Suite 150
Rosseville, CA 95661
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The policies referenced on this certificate may be subject to retained limits, self -insured retentions or deductibles.
ACORD 101 ( 2008/ 01) 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
249
EXHIBIT C
TOTAL IMPROVEMENT ESTIMATE
250
25225
5/ 29/024
GA
BOND ESTIMATE
MOSSDALE LANDING, NEIGHBORHOOD 12
TRACT 3225
LATHROP, CALIFORNIA
Based on Unapproved 1st Submittal Improvement and Grading Plans prepared by MacKay & Somps dated May 2024
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. GRADING AND STREETWORK
1. 50, 278 YDS Rough grading 4. 00 $ 201, 10
2. 24, 142 CY Import ( in -tract) 10. 00 $ 241, 420
2. 132, 788 SF Finish grade street 0. 25 $ 33, 200
3. 64,48 SF Structural Section (4" AC, 4"AB, 12" LTB) 4. 00 $ 258, 590
4. 1 LS Signing and Striping 25, 000. $ 25, 000
5. 8 EA Survey Monuments 800. 00 $ 6, 400
6. 927 LF 9' Community Wall 175. 00 $ 162, 230
7. 577 LF 6' Community Wall 150. 00 $ 86, 550
ESTIMATED TOTAL GRADING AND STREETWORK: $ 1, 014, 500
B. CONCRETE WORK
1. 5, 043 LF 6" Standard curb and gutter 16. 00 $ 80, 690
2. 26, 374 SF 6" Sidewalk 5. 00 $ 131, 870
3. 8 EA Curb Return and Handicap Ramp 2, 500. 0 $ 20, 000
4. 66 EA Driveways 725. 00 $ 47, 850
ESTIMATED TOTAL CONCRETE WORK: $ 280, 410
C. SANITARY SEWER WORK
1. 11 EA Manholes including reset to finish grade and vacuum test 6, 000. $ 66, 000
2. 2, 162 LF 8" Pipe including backfill 32. 00 $ 69, 180
3. 54 EA 4" Laterals w/ cleanouts 1, 000. $ 54, 000
4. 1 EA Connect to Existing 1, 500. 0 $ 1, 500
5. 2, 162 LF Dewatering ( Wells/ Pumps/ipes) 88. 50 $ 191, 340 ESTIMATED TOTAL SANITARY SEWER WORK: $ 382, 00
D. STORM DRAIN WORK
1. 3 EA Storm Drain Manhole including reset to finish grade 3, 200. 0 $ 9, 600
2. 231 LF 15" Polypropylene ( Type S) Storm drain pipe 65. 75 $ 15,90
3. 1, 571 LF 18" Polypropylene ( Type S) Storm drain pipe 66. 00 $ 103, 690
4. 9 LF 30" Polypropylene ( Type S) Storm drain pipe 105. 00 $ 950
5. 18 EA Curb inlet 3, 800. 0 $ 68, 400
6. 1 EA Connect to Existing 1, 500. 0 $ 1, 500
7. 1 LS Erosion/ Water Pollution Control 25, 000. $ 25, 000 ESTIMATED TOTAL STORM DRAIN WORK: $ 224, 330
Mossdale Landing - Qty Estimate( 2024. 05. 14). xls 1 of 2 251
25225
5/ 29/024
GA
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
E. WATER SYSTEM WORK
1. 2, 169 LF 8" Potable Water Main including fittings 30. 00 $ 65, 070
2. 6 EA Fire hydrant assembly 5,00. 0 $ 33, 000
3. 54 EA 1" Services 1, 200. 0 $ 64, 800
4. 66 EA Meter boxes 100. 00 $ 6,00
5. 2 EA Remove flange & connect 1, 500. 0 $ 3, 000
6. 8 EA 8" Butterfly Valves 800. 00 $ 6, 400
7. 1 EA Water Sampling Station 2, 500. 0 $ 2, 500
ESTIMATED TOTAL WATER SYSTEM WORK: $ 181, 370
F. DEMO OF EXISTING RECYCLED WATER BASIN AND WITHIN RIGHT- OF- WAY
1. 1 LS Demo for Basin A Only 566, 36. 00 $ 566, 370
2. 1 LS Demo including pavement removal within the Right -of -Way 5, 000. $ 5, 000 ESTIMATED TOTAL DEMO WORK: $ 571, 370
G. MISCELLANEOUS CONSTRUCTION
1. 2,77 LF Joint Trench 60. 00 $ 136, 620
2. 16 EA Streetlights 3, 500. 0 $ 56, 000
3. 27, 830 SF Landscape and Irrigation 10. 00 $ 278, 300 ESTIMATED TOTAL MISCELLANEOUS CONSTRUCTION: $ 470, 920
SUMMARY
A GRADING AND STREETWORK $ 1, 014, 500
B CONCRETE WORK $ 280, 410
C SANITARY SEWER WORK $ 382, 00
D STORM DRAIN WORK $ 224, 330
E WATER SYSTEM WORK $ 181, 370
F DEMO WORK $ 571, 370
G MISCELLANEOUS CONSTRUCTION $ 470, 920
TOTAL CONSTRUCTION COST: $ 3, 124, 920
10% CONTINGENCY: $ 312, 492
TOTAL COST: $ 3, 437,12
NOTES
1. This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay & Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate.
2. Costs presented herein represent an opinion based on historical information. No provision has been made for inflation.
3. All items include all materials necessary for complete installation.
4. All underground utilities unit prices include trenching, backill, and all other necessary items for installation.
5. Fire hydraunt assemblies include valve, run and reflective blue marker.
6. Joint trench not included.
Prepared by the firm of
MACKAY & SOMPS
Mossdale Landing -Qty Estimate( 2024. 05. 14). xls 2 of 2 252
ATTACHMENT " E
JOINT ESCROW INSTRUCTIONS
RECORDATION OF FINAL MAP
FINAL MAP 3225)
June 10, 2024
Via Email
Jules Fulop
First American Title Company
4750 Willow Rd., Suite 275
Pleasanton, CA 94588
Email: jfulop@firstam. com
Re: Recordation of Final Map 3225; Escrow # xxxxxx
Dear Jules:
This letter constitutes the joint escrow instructions (" Escrow Instructions") of K. Hovnanian Homes Northern California, Inc., a California Corporation (" KHOV") and the City of Lathrop City") in connection with the above -referenced escrow (" Escrow"). The Escrow was opened in connection with recordation of the above -referenced final map (" Final Map"). Recordation of the Final Map is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the " Transaction." First American Title Company is referred to as you" or " FATCO."
A. Date for Closing
The Final Map will be recorded at the time designated by KHOV as set forth below. The Final Map can only be recorded after the City has approved the map in writing. The closing date for the Transaction is intended to occur by December 31, 2024, at the time designated in writing by KHOV, subject to satisfaction of the conditions set forth below (" Closing"). Ifthe Final Map has not been recorded by December 31, 2024, FATCO will return the Final Map to the City.
B. Documents to be Delivered and Recordation Documents
In connection with the Transaction, you have in your possession or will receive the following documents from City and KHOV for recordation in the Official Records of San Joaquin County, California (" Official Records").
B. 1. One original Final Map for Tract 3225, executed and acknowledged by the City and KHOV ( provided to FATCO by City).
The documents listed in Item B. 1, B. 2, and B. 3 above are referred to as the " Recordation Documents." The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.
1 253
JOINT ESCROW INSTRUCTIONS
RECORDATION OF FINAL MAP
FINAL MAP 3225)
C. Funds and Settlement Statement
You also have received, or will receive from KHOV, prior to the recordation of the Recordation Documents, in immediately available funds, the following amounts, in accordance with the settlement statement prepared by you and approved in writing by both KHOV and City Settlement Statement"): recordation costs, escrow fees and other amounts as set forth in the Settlement Statement. Such costs, fees and other amounts are the sole responsibility ofKHOV.
Funds to be wire transferred directly to the City, immediately upon recordation of the Final Map, in accordance with the wire transfer instructions for each entity are as follows:
1. The amount of $215,9, payable to the City pursuant to that certain Subdivision Improvement Agreement ( referred to as " SIA"), is to be transferred to the City upon recordation of the Final Map.
2. The amount of $563, 021. 84, payable to the City pursuant to that certain SIA, is to be transferred to the City upon recordation of Final Map.
The City' s
wire instructions are set forth below. The amounts set forth in Section C are referred to as the " Closing Funds."
D. Closing Requirements
When the following has occurred, you are authorized to close the Escrow at the time and in accordance with the process set forth below:
D. 1. You have delivered copies of your Settlement Statement by email transmission to: ( a) Robert Sprague ( RSprague@KHOV. COM), (b) Ethan Meltzer EMeltzer@KHOV. COM ), ( c) John Baayoun ( JBaayoun@KHOV. COM), ( d) Brad Taylor btaylor@ci. lathrop. ca. us), ( e) Salvador Navarrete ( snavarrete@ci. lathrop. ca. us), ( f) Sandra Lewis slewis@ci. lathrop. ca. us), ( g) Bellal Nabizadah ( bnabizadah@ci. lathrop. ca. us), ( h) Monica Garcia mgarcia@ci. lathrop. ca. us), ( i) Teresa Vargas ( tvargas@ci. lathrop. ca. us), and ( j) Sarah Pimentel simentel@ci. lathrop. ca. us), and have confirmation ( by telephone or email) from Robert Sprague and Brad Taylor that the Settlement Statement is accurate and acceptable; D. 2.
Instructions;
You have not received any instructions contrary to these Escrow D. 3. The Recordation Documents have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; D. 4 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions;
2 254
JOINT ESCROW INSTRUCTIONS
RECORDATION OF FINAL MAP
FINAL MAP 3225)
D. 5. You have delivered a
copy ofthese instructions, executed by an authorized
signatory of FATCO with authority to bind FATCO, by email transmission to Robert Sprague and Brad Taylor at the email addresses set forth above; and D. 6. You have received confirmation ( by email or other writing) from Robert Sprague and Brad Taylor to record the Recordation Documents and complete the Transaction.
E. Closing Process and Priorities
When you have fully satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:
E. 1. Date the Recordation Documents to be recorded;
E. 2. Record the Recordation Documents in the Official Records; E. 3. Pay the costs associated with the Transaction;
E. 4. Refund any funds delivered to you by KHOV that are not disbursed at the time of the final Closing pursuant to these Escrow Instructions to the following entity and address:
K. Hovnanian Homes Northern California, Inc
3721 Douglas Boulevard, Suite 150
Roseville, CA 95661
Attn: Robert Sprague
E. 5. Notify (a) Robert Sprague ( RSprague@KHOV. COM), ( b) Ethan Meltzer EMeltzer@KHOV. COM ), ( c)John Baayoun ( JBaayoun@KHOV. COM), ( d) Brad Taylor btaylor@ci. lathrop. ca. us), ( e) Salvador Navarrete ( savarrete@ci. lathrop. ca. us), ( f) Sandra Lewis slewis@ci. lathrop. ca. us), ( g) Bellal Nabizadah (bnabizadah@ci. lathrop. ca. us), ( h) Monica Garcia mgarcia@ci. lathrop. ca. us), ( i) Teresa Vargas ( tvargas@ci. lathrop. ca. us), and ( j) Sarah Pimentel spimentel@ci. lathrop. ca. us), of the completion of the Transaction; E. 6. Within five ( 5) business days after the Recordation Date, deliver to: (1) Robert Sprague, K. Hovnanian Homes Northern California, Inc, 3721 Douglas Boulevard, Suite 150, Roseville, CA 95661; and ( 2) Brad Taylor, City Engineer, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:
A) a certified copy ofthe Recordation Documents, showing all recording information of the Recordation Documents; and
B) a certified copy of the final Settlement Statement.
3 255
JOINT ESCROW INSTRUCTIONS
RECORDATION OF FINAL MAP
FINAL MAP 3225)
F. Additional Instructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.
Please acknowledge receipt of these instructions and your agreement to act as Escrow agent in connection with this Transaction in accordance with these Escrow Instructions, by executing and dating a copy of these Escrow Instructions below and returning it to both of the undersigned.
The Escrow Instructions may be modified only in a writing signed by both of the undersigned.
Very truly yours,
Stephen J. Salvatore
City Manager
City of Lathrop
Date John Baayoun Date
Division President
K. Hovnanian Homes Northern California, Inc.
4 256
JOINT ESCROW INSTRUCTIONS
RECORDATION OF FINAL MAP
FINAL MAP 3225)
ESCROW INSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:
Receipt of the foregoing Escrow Instructions from KHOV and the City is hereby acknowledged.
The undersigned agrees, for itself, and on behalf of FATCO, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to KHOV and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of FATCO.
First American Title Company
By:
Its:
Date:
5 257
PAGE LEFT
INTENTIONALLY
BLANK
258
ITEM 4. 15
CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A PROFESSIONAL MAINTENANCE SERVICE
AGREEMENT FOR POTABLE WATER TANKS 5A AND 6
WITH UTILITY SERVICE CO. INC.
RECOMMENDATION: Adopt Resolution Approving a Professional Maintenance Service Agreement with Utility Services
Co. Inc. for Potable Water Tanks 5A and 6 and
Approve Budget Amendment
SUMMARY:
Staff is requesting the City Council adopt a resolution to approve a seventeen ( 17) year long- term maintenance service agreement with Utility Services Co. Inc. (USCI) to maintain two steel potable water tanks. The first tank, designated as Tank 5A, is located in the River Islands Development area and a second tank, Tank 6, is located in the Central Lathrop Specific Plan area.
The proposed maintenance services are essential for ensuring the safe and efficient operation of tanks and vessels. These services include routine inspections, interior and exterior cleaning and painting and repairs.
Sufficient funds were not allocated in the FY 2024-025 budget, therefore, staff requests a budget amendment to transfer funds from the Water Capital Replacement Fund ( 5600) to the Water Fund ( 5620) in the amount of $ 138, 539 for FY 2024-025.
BACKGROUND:
Since 2008, USCI has been providing maintenance services for the steel tanks and pressure vessels at the City' s four Booster Pump Stations and the Louise Avenue Water Treatment Facility ( LAWTF). Under the terms of these agreements, USCI assumes full responsibility for maintenance of the steel tanks and pressure vessels including specialized services that City Operations & Maintenance staff cannot provide due to lack of training and/ or equipment.
The Full Service Professional Maintenance Program includes the following features:
Fully Integrated Asset Management Program
Government Accounting Standards Board ( GASB) 34 " Modified Approach" Compliant System
Interactive Internet Portal
Planning and Evaluation of Both Short Term & Long Term Maintenance Engineering Services Specific to Vessel Maintenance
Interior and Exterior Cleaning and Painting
Repairs on Interior and Exterior Maintenance of Logos, Lettering, and Artwork
259
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE A PROFESSIONAL MAINTENANCE SERVICE AGREEMENT FOR THE POTABLE WATER TANKS 5A AND 6 WITH UTILITY SERVICE CO. INC.
Assurance that the Vessel is Structurally Sound and in Watertight Condition
Annual Engineering Inspections and Biennial Engineering Washout and Disinfections
Emergency Service
Contract is Renewable Each Year at Tank Owner' sOption
Major Maintenance Costs are Spread Out Over Adjacent Years Tanks 5A and 6 were constructed and placed into service approximately three years ago, and were recently inspected by USCI. Tank 6 is in good condition, but Tank 5A needs an upfront interior renovation which will occur prior to the end of Contract Year 1 with the upfront renovation cost amortized over the first five years of the contract.
Therefore, the annual fee for Tank 5A during Contract Years 1 through 5 is $ 82,63 per year, and then beginning in Contract Year 6 the annual fee is reduced to $ 64, 150.
For Tank 6, the annual fee increases from $ 53, 946 per year to $ 64, 194 for Contract Years 1 through 6. Beginning in Contract Year 7 for Tank 5A, and Contract Year 2 for Tank 6, the annual contract fees are subject to adjustment to reflect the current cost of service which is limited to a maximum of 5% annually.
A summary of the annual costs and total costs under this agreement are as follows:
Facility Annual Fee ( Years 1-5)Annual Fee ( Year 6)
Tank 5A 82,63 64, 150
Tank 6 53, 946 - $62, 000 64, 194
Grand Total 136, 809 - $144, 683 128, 344
The initial term of the agreement with USCI is through June 30, 2041 and it may be extended for additional ten year terms at the discretion of the City Manager.
REASON FOR RECOMMENDATION:
USCIs services are needed to keep the tanks and vessels in good working condition and meet objectives for public health and safety. Staff is requesting the City Council adopt a resolution to approve a long term professional services agreement with Utility Services Co. Inc. (USCI) for the maintenance of two steel tanks located in the River Islands ( Tank 5A) and CLSP ( Tank 6) development areas.
FISCAL IMPACT:
The costs for these services are to be paid from Water Fund ( 5620) and were not included in the current or next year' sfiscal budgets. Staff is requesting approval of a budget amendment from the Water Fund ( 5620) in the amount of $ 138, 539 for FY 2024-025 as follows:
260
CITY MANAGER' S REPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE A PROFESSIONAL MAINTENANCE SERVICE AGREEMENT FOR THE POTABLE WATER TANKS 5A AND 6 WITH UTILITY SERVICE CO. INC.
Fiscal Year 2024-025;
Increase Appropriations
Water
5620-050- 420- 16- 00 $ 138, 539
ATTACHMENTS:
A. Resolution Approving a Professional Maintenance Service Agreement with Utility Services Co. Inc. for Potable Water Tanks 5A and 6 and Approve Budget Amendment
B. Professional Maintenance Service Agreement with Utility Services Co. Inc. for Potable Water Tanks 5A and 6
261
CITY MANAGER' S REPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE A PROFESSIONAL MAINTENANCE SERVICE AGREEMENT FOR THE POTABLE WATER TANKS 5A AND 6 WITH UTILITY SERVICE CO. INC.
APPROVALS:
Greg bson Date
Sent r Civil Engineer
Brad tylor
City Engineer
c,,
Date
0571, t / 9- 49 1--/
S/ 2i /zwso / 2UZ% 4
Cari James Date
Finance Director
Michael King
Assistant City Manger
2 2. • zovf
Date
5•so- 2+
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
262
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL MAINTENANCE SERVICE AGREEMENT WITH UTILITY SERVICES CO. INC. FOR POTABLE WATER TANKS 5A AND 6 AND
APPROVE BUDGET AMENDMENT
WHEREAS, since 2008, USCI has been providing maintenance services for the steel tanks and pressure vessels at the City' s four Booster Pump Stations and the Louise Avenue Water Treatment Facility ( LAWTF) under long term maintenance agreements with the City; and
WHEREAS, under the terms of the agreement USCI assumes full responsibility for maintenance of the steel tanks and pressure vessels including specialized services that City Operations & Maintenance staff cannot provide due to lack of training and/ or equipment; and
WHEREAS, staff is requesting the City Council adopt a resolution to approve a long term professional services agreement with Utility Services Co. Inc. (USCI) for the maintenance of two steel tanks located in the River Islands ( Tank 5A) and CLSP Tank 6) development areas; and
WHEREAS, USCIs services are needed to keep the tanks and vessels in good working condition and meet objectives for public health and safety; and WHEREAS, the costs for these services are proposed to be paid from Water Fund ( 5620) and will require a budget amendment for Fiscal Year 2024-025 from the Water Fund ( 5620); and
WHEREAS, a summary of the annual costs and total costs under this agreement are as follows:
Facility Annual Fee ( Years 1-5)Annual Fee ( Year 6)
Tank 5A 82,63 64, 150
Tank 6 53, 946 - $62, 000 64, 194
Grand Total 136, 809 - $144, 683 128, 344
and;
WHEREAS, beginning in Contract Year 7 for Tank 5A, and Contract Year 2 for Tank 6, the annual contract fees are subject to adjustment to reflect the current cost of service, which is limited to a maximum of 5% annually. 263
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a long term professional services agreement with Utility Services Co. Inc. (USCI) for the maintenance of steel tanks in the River Islands ( Tank 5A) and CLSP ( Tank 6) development areas to be paid from Water Fund 5620; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment to transfer funds from the Water Fund ( 5620) as follows:
Fiscal Year 2024-025;
Increase Appropriations
Water
5620-050- 420- 16- 00 $ 138, 539
264
The foregoing resolution was passed and adopted this 10th day of June, 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 265
ATTACHMENT B
CITY OF LATHROP
PROFESSIONAL SERVICES AGREEMENT FOR WATER TANK
MAINTENANCE WITH UTILITY SERVICE COMPANY, INC.
FOR THE MAINTENANCE OF WATER TANKS 5A AND 6
THIS AGREEMENT, dated for convenience this 10th day of June 2024, is by and between Utility Service Company, Inc. ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Water Tank Maintenance Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT represents that they are recognized as a sole source for the Full Service Professional Maintenance Program for the professional maintenance services provided, and is thereby exempt from State competitive bidding laws; and WHEREAS, CONSULTANT is willing to render such Water Tank Maintenance 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 Water Tank Maintenance Services in accordance with the Water Tank Maintenance Contracts provided by CONSULTANT, attached hereto as Exhibit " A" and " B", both dated January 12, 2024 submitted by the CONSULTANT, and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the customary standards of its profession and to CITY' Ssatisfaction. The Exhibits 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 in accordance with Water Tank
266
CITY OF LATHROP — PSA WITH UTILITY SERVICE COMPANY, INC. FOR THE WATER TANK MAINTENANCE FOR TANKS 5A AND 6
Maintenance Contracts for Tanks 5A and 6 as detailed in Exhibits "A" and " B" and incorporated herein by reference.
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. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibits " A" and " B", 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.
3) Effective Date and Term
The effective date of this Agreement is July 1, 2024, and it shall expire on June 30, 2041. The City Manager at his sole discretion may extend the agreement for additional ten ( 10) year terms. Either CITY or CONSULTANT may cancel this Agreement upon 90 days written notification to the other party. 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 Exhibits " A" and " B" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billings
CONSULTANT' sbills shall include the total amount due on the invoice. Except as specifically authorized by the 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 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
267
CITY OF LATHROP — PSA WITH UTILITY SERVICE COMPANY, INC. FOR THE WATER TANK MAINTENANCE FOR TANKS 5A AND 6
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.
8) Assignment of Personnel
capabilities
CONSULTANT
and on
acknowledges
the qualifications
that the
of CONSULTANT' s
CITY has relied
principals
on CONSULTANT' s
and staff as
identified in its proposal to CITY.
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' S authorized representative.
CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized 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. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers'
sole cost
Compensation.
and expense, maintain
CONSULTANT
Statutory
shall,
Workers'
at CONSULTANT' S
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 -
268
CITY OF LATHROP — PSA WITH UTILITY SERVICE COMPANY, INC. FOR THE WATER TANK MAINTENANCE FOR TANKS 5A AND 6
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 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 two million dollars ($ 2, 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.
269
CITY OF LATHROP — PSA WITH UTILITY SERVICE COMPANY, INC. FOR THE WATER TANK MAINTENANCE FOR TANKS 5A AND 6
iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California -admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
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, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) 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.
ii) The policy must contain a cross liability or severability of interest clause.
iii) 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
cost, any extended
to
reporting
exercise
provisions
at the CONSULTANT' S
of the policy
should the CONSULTANT cancel or not renew the
coverage.
270
CITY OF LATHROP — PSA WITH UTILITY SERVICE COMPANY, INC. FOR THE WATER TANK MAINTENANCE FOR TANKS 5A AND 6
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) 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. e) 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:
1) 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;
ii) 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
271
CITY OF LATHROP — PSA WITH UTILITY SERVICE COMPANY, INC. FOR THE WATER TANK MAINTENANCE FOR TANKS 5A AND 6
negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
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 90 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, providing that CONSULTANT has been paid in full for production of said work product. 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. The City shall remain responsible for any payment due per the Exhibits at the time of termination.
16) Notices
272
CITY OF LATHROP — PSA WITH UTILITY SERVICE COMPANY, INC. FOR THE WATER TANK MAINTENANCE FOR TANKS 5A AND 6
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant:
17) Miscellaneous
Utility Service Company, Inc.
P. O. Box 1350
Perry, GA 31069
Phone: (478) 987- 0303
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 the exhibits 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.
273
CITY OF LATHROP — PSA WITH UTILITY SERVICE COMPANY, INC. FOR THE WATER TANK MAINTENANCE FOR TANKS 5A AND 6
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.
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.
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, and which have been paid for in full by City for services required to produce said documents, shall be deemed the property of the CITY. Upon CITY' srequest, 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) 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. m) 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
274
CITY OF LATHROP — PSA WITH UTILITY SERVICE COMPANY, INC. FOR THE WATER TANK MAINTENANCE FOR TANKS 5A AND 6
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) 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 insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 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.
275
CITY OF LATHROP — PSA WITH UTILITY SERVICE COMPANY, INC. FOR THE WATER TANK MAINTENANCE FOR TANKS 5A AND 6
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Utility Service Company, Inc.
P. O. Box 1350
Perry, GA 31069
Fed ID # 58- 1920989
Business License # 815676
Signature Date
Print Name and Title
276
City
of
CA
Lathrop
Utility
Service
Full
Ser
Assetvice Manageme
Program nt
ojected Pr
Schedule
of
Work
and
Fees
2024
2025
2026
2027
2028
2029
Years Year2
Year3
Year4
Year5
Year6
Ta
nk 51.5KG
Ground
Storage
oof
Interi
Ror
Ren
ovatio
n
Vi
sual
I
ecti nsp on & Annual
Maint
enance
ROV
I
nspectio
n &
Annual Maintenan ce
Visual Inspection & Annual Maintenance
Washout
I
nspecti on
Annual Maintenance
An
Mai
ANNUAL TOT
AL82, 683
683 82,
82, 683
82, 683
82, 683
64,
2024
2025
2026
2027
2028
2029
Year
1 Y
ear
2 Year
3 Year
4 Year
5 Year
Tank
6 1. 5 Grou
KG
ndStorage
Visual Inspecti
on &
Annual Maintenance
ROV
I
nspection & A
nnual Maintenance
Vi
sual Inection & sp
Annual
Maintenanc e
W
ash out
Inspection &
nual An
Mai
ntenan ce
Visual Inspection & Annual Maintenance
ROV
In
spe
A
NNUAL
TOTAL
53, 946
55, 856
57, 833
59, 880
62, 000
CONFIDENTIA
L ©
2023
UTILITY
SERVICE
COMPANY,
INC.
277
EXHIBIT A
USG WATER
SOLUTIONS
Utility Servi - nC.
17 Year Water Tank - intenance C • act
Tank Si • n G — Tank 5A
535 Gen Courtney Hodges Blvd P 0 Box 1350 Perry, GA 31069 Toll -free: 855. 526. 4413 I Fax: 478. 97. 2991
278
WATER TANK MAINTENANCE CONTRACT
This Water Tank Maintenance Contract ( hereinafter, "the Contract") is entered into by and between the City of Lathrop, whose business address is 390 Town Centre Drive, Lathrop, California 95330 hereinafter, " the Owner") and Utility Service Co., Inc., whose business address is 535 General Courtney Hodges Boulevard, Post Office Box 1350, Perry, Georgia 31069 ( hereinafter, " the Company"). The Owner and the Company shall be individually referred to herein - Party" or collectively referred to herein as "the Parties".
Therefore, in consideration of the mutual promises conta the receipt and sufficiency of which are hereby ackno
Parties agree as follows:
1. Company' sEngagement and Respons
to provide the professional services needed to
at 950 Stewart Road, Lathrop, California 95330
Company' sresponsibility for the upfront renovation (
and the care and maintenance of the T ereafter. A
hereto and marked as Schedule A. es ( collects
provide include the following:
and other valuable consideration,
Owner and the Company, the
s. The Owner ag to engage the Company
in its 1, 500, 000 gallon - r storage tank located
inafter, " - Tank"). ontract outlines the
Upfront Re on") of the Tank
ee and Service dule is attached
a. The Tank shall receive an Upfron
to the end of Co
the 12 -month p
executed by
Contract Year
b. The Company
that . - ure is
in
a
Insp
the int
will be t
however, th
required testin
ROV inspections
d. The Company provide the engineering and inspection services needed to maintain and repair the Tank during the term of this Contract. The repairs include: the Tank' s expansion joints, water level indicators, sway rod adjustments, vent screens, manhole covers/ gaskets, and the Tank' s other steel parts not otherwise excluded hereinafter.
ery four
er, the Com
ment on the
the Tank wi
f the Tank.
hly inspe
er is re
ew
wner a
Ilectivel
nnua
r1. Forp
mences
ch succ
ontract
nova
ses of
th
s•ect the
ht co
folio
eC• nr
her
clean
a Was t
Inspection is completed, the interior of the Tank
and disinfected prior to returning the Tank to service; sible for draining and filling the Tank and conducting any efore returning the Tank to service. Visual inspections and the Services") that the Company will
ich will
tract,
mont
e: interior repair prior
tract Year" shall mean
month when the Contract is
od thereafter ( hereinafter,
The Tank will be inspected to ensure
n. The Company will provide a written
ction.
work, after the Tank is drained by the
the inte . of the Tank and perform a condition
er " Washout Inspection"). During each Washout
emove all mud, silt, and other accumulations from
2023 Utility Service Co., Inc.
279
e. The Company will clean and repaint the interior and/ or exterior of the Tank at such time as complete repainting is needed. The need for interior painting of the Tank is to be determined by the thickness of the existing liner and its protective condition. Only materials approved for use in potable water tanks will be used on any interior surface area. The need for exterior painting of the Tank is to be determined by the appearance and protective condition of the existing paint. At the time that the exterior requires repainting, the Company agrees to paint the Tank with a coating that is the same color as the existing coating and to select a coating system which best suits the conditions, environment, and general location of the Tank. When interior or exterio ' ng of the Tank is needed, all products and procedures as to coating system • e equal to or exceed the requirements
D102 standard
of
in
the
effect
State
as of
of
the
California
Effective
and
Date (
the
d : h= .
Water
fter).
Works Association' s
f. The Company will install a lock on the roof of the - owever, the provision of such lock does not guarantee the Tank' s y during the • f the Contract. For the avoidance of doubt, security of the and the site whe - - Tank is located hereinafter, "Tank Site") are the respons , of the Owner. g. In the event of an emergency involving th . • k, the 0 - - r shall pro ritten notice of such emergency to the Company via it - il at the folio address:
customerservice@usgwater. c• he Compan
Tank, when needed, to perform s covered u
time must be allowed for the rep
h. When the Tank is taken out of
if requested by the Owner, so that
while the Tank i erviced.
installation and sure reli
i. The Com • ill furni e Owne
summarize the • any' sin nce cove
2. Cont
Section 1
Year o
Fee fo
adjusted
maximum o
the stated cos
ce/ Ann
I pay
ntract.
tract Year 6
lect the curre
annually. All
fees in this
3. Payment T
day of each Contract
be monthly. If the Annua
of invoice, the Company m
or suspend Services under thi
st fiv.
e$
of
cable
tract.
ce,
Own
Owne
lv
ach the T
mpany
nstall
e emergency se s for the
is Contract. Reasonable travel
ite.
nish pressure relief valves,
Ives in its water system
k and liability for the
rrent c -, ates of insurance, which will
e performance of the Services required by
hereinafter, "Annual Fee") for each Contract
nnual . I • e $82,63. 00 per Contract Year. The Annual
00. Eac ontract Year thereafter, the Annual Fee shall be e. The adjustment of the Annual Fee shall be limited to a are the responsibility of the Owner and are in addition to nual Fee considered due and payable by the Company on the first the parties have agreed that all invoicing under this Contract shall all applicable taxes, are not paid within ninety (90) days of the date rge the Owner a late fee on unpaid balances and may also terminate Contract without notice. The late fee will be 1.5% per month.
2023 Utility Service Co., Inc.
280
4. Changes or Delays to Services. For purposes of this Section 4, "Unreasonable Delay" shall mean the Owner' sdelay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twenty- four (24) months following the Company' s
written request for release or access to the Tank. In the event of Unreasonable Delay, the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay, and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay. Furthermore, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection ("ROV Inspection"), or unmanned aerial vehicle inspection (" UAV Inspection") without requiring the modification of this Contract.
5. Structure of Tank and Tank Site Conditions. T
maintain pursuant to the requirements of this Contract base as of the Effective Date ( defined hereinafter). Any m
installations, shall be approved by the Company, p
in the Annual Fees. In addition, changes in the con • • f t e.g., construction of a mall next to the Tank Site gnific etc.) following the Effective Date, which cause a ease i will be just cause for an equitable adjustment of th ual responsible for removing all antenna and equipment
6. Environmental, Health, Safet
hereby agrees that the promulgation o
safety, or labor laws, regulations, orders,
following the Effective Date of this Contrac
the Tank, will be just cau - - quitable a
modifications to indus
documents issued b
Association for Materi
maintenance of the Tan
Contract. S - ' table
increase
performi
set by the a
to the wage
However, the 0
classification increa
in which any future wo
re -negotiate the annual
negotiated annual fee( s), t
Company will not be obligate• `o
Americ
otectio
be j
a•
ices
work perform
rk under this
riate authorit .
ination of th
nd the Co
y more t
to be
or
t(s) incl
ater Wo
d Perfor
ause for
nnua
ich c
tment o
n
or Indust
t of, or
e.g.,
incre
nual
installa
he Tank S
antly increas
n the cost of th
Fee this Cont
or to the initi
pany is accepting this Tank to
existing structure and components
the Tank, including antenna
nd may warrant an increase
or any adjoining properties
risk of overspray claims,
tenance of the Tank,
he Owner shall be
ovations.
uirements. The Owner
ation to any environmental, health,
r OSHA regulations or standards)
the cost of the maintenance of
n this Contract. Furthermore,
to, standard( s) or other guidance
ation, nal Sanitary Foundation, and the
e, which cause an increase in the cost of the
uitable adjustment of the Annual Fees in this
s in this Contract will reasonably reflect the
I Fee( s).
ntract is s - ect to prevailing wages, and the workers who are e paid no less than the prevailing hourly rate of wages as futur k performed by workers under this Contract will be subject propria authority which is in effect when the work is performed. y hereby agree that if the prevailing wage rates for any job or trade 5% per annum from the effective date of this Contract to the date rmed under this Contract, then the Company reserves the right to the Owner. If the Company and the Owner cannot agree on rethe Company will not be obligated to perform the work and ( 2) the return past annual fee( s) received by the Company.
7. Excluded Items. This Contract does NOT include the cost for and/ orliability on the part of the Company for: (i) containment of the Tank at any time during the term of the Contract; (ii) disposal of
2023 Utility Service Co., Inc.
281
any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural damage due to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground; (vi) negligent acts of Owner' s employees, agents or contractors; ( vii) damages, whether foreseen or unforeseen, caused by the Owner' s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components ( including, but not limited to, (a) corrosion from the underside of the floor plates, and ( b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical components ( to include any lighting, such as aviation lights); (xi) th= 'aintenance, repair or replacement of fill lines, insulation, and/ orfrost jackets; (xii) the maintenance , or replacement of piping of any kind below ground level; and ( xiii) other conditions which are b= e Owner' sand Company' scontrol, including, but not limited to: acts of God and acts of terror of God include, but are not limited to, any damage to the Tank or Tank Site which is c mic activity, hurricanes, and/ or tornadoes. Acts of terrorism include, but are not limit= •, . ny dam. • the Tank or Tank Site which results from an unauthorized entry of any kind to th= or Tank Site.
8. Force Majeure. If the Company is
hereunder ( other than duties or obligations with res
of God or force majeure such as: (i) fire, (ii) war, (iii) ea vii) flood, (viii) public disaster, (ix) pa
or delays in reasonably available mea
officers, or any order, regulation, or ruli
xiii) power failures or interruptions, or
condition shall be deemed to be a valid ex
such duty or obligation fo '• d during
9. Termination.
an annual basis for a
Company in accordance
terms of this - - -.. This
current C• ritten
90) d
receiv
renew fo
event, the
Year. The not
r to the
least ninety (
dditional Con
agrees that
intent to ter
This
nteen
e ter
is or epidem
sportation, ts of any government or its agencies or
xii) equip or technical malfunctions or failures,
r reaso and its reasonable control, such
perfor e or for nonperformance of any
a
for
h such
ted from performing a ' ts duties or obligations
o payme in a timely er by reason of act
ake rike, (v) lock vi) labor dispute,
cluding COVID- x) interruptions
tract is • contr• at shall automatically renew on
term so .. as: (i) the • wner pays each Annual Fee to the herein an• does not terminate the Contract pursuant to the to ter tion by the Owner only at the end of the then -
of in . erm - is received by the Company at least ninety coming t ear. If the notice of intent to terminate is not pn• the first da f the upcoming Contract Year, this Contract shall Year - xpire at the end of the upcoming Contract Year. In such an II be • nsible to pay the Annual Fee for the upcoming Contract to mus - e sent by certified mail, with return receipt requested, to Utility Service Co. stomer Service, Post Office Box 1350, Perry, Georgia 31069, and signed by three ( g officials of the Owner' sgoverning body ( e.g., commission or council). Notice of int e cannot be delivered electronically or verbally ( e.g., email, text, phone call, etc.). The 0 ledges and agrees that the Company has advanced Services to the Owner, and the Compan not received full payment for the Services previously performed.
Therefore, if the Owner elects o terminate this Contract prior to remitting the first five ( 5) Annual Fees, then the unpaid balance of the first five ( 5) Annual Fees shall be due and payable within thirty ( 30) days of the Owner' sissuance of the notice of intent to terminate at the end of the then -current Contract Year.
Attention:
orized
ter
10. Assignment. The Owner may not assign or otherwise transfer all or any of its interest under this Contract without the prior written consent of the Company. If the Company agrees to the assignment, the Owner shall remain responsible under this Contract, until its assignee assumes in full and in writing all of the obligations of the Owner under this Contract. Any attempted assignment by Owner in violation of this provision will be void and of no effect.
2023 Utility Service Co., Inc.
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11. Indemnification. THE COMPANY AGREES TO INDEMNIFY THE OWNER AND HOLD
THE OWNER HARMLESS FROM CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND
EXPENSE IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/ OR DAMAGE TO
PROPERTY BY REASON OF AND TO THE EXTENT OF ANY NEGLIGENT ACT OF THE COMPANY OR ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES. IN TURN, THE OWNER AGREES TO
INDEMNIFY THE COMPANY AND HOLD THE COMPANY HARMLESS FROM CLAIMS, DEMANDS,
ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN CONNECTION WITH LOSS OF LIFE,
PERSONAL INJURY, AND/ OR DAMAGE TO PROPERTY BY REASON OF AND TO THE EXTENT OF ANY NEGLIGENT ACT OF THE OWNER OR ITS CONTRACTO - - - GENTS, OR EMPLOYEES.
12. Assignment of Receivables. The Co
outstanding receivables from this Contract to its banking in credit.
13. Miscellaneous Items. No m
Contract may be made, except in a writing signe
Party hereto in exercising any power or right he
expressly warrant that the individuals who sign be
14. Visual Inspection Disclaimer.
The Owner and the Company hereby
assess the condition of the Tank for all p
been drained and is made available to th
Company shall not be re- - to repair
ition of a negotiate the Annual F
easily discovered ( e.
areas inaccessible to
the visual inspection, etc.
15. E
below)
in total,
througho
For purpos
the Engineers
index is disconti
methodology to ad
2022, the first equitab
inflation rate have been If the annual inflation rates for 2023 and 2024 are 5.0% and 7.1%, respectively, the Owner an • ompany agree to renegotiate the current year' s Annual Fee as well as
the remaining Annual Fees • r the remainder of the term of the Contract to address the excessive inflation.
floor pl
to the ro
reserves the right to assign any
s collateral for any loans or lines of
ions, amen
e Parties. No fail
er shall operate as a
authori • to bind th
s, or alterations of this
delay on the part of any
thereof. The Parties
s Contract i ed upon a visual inspection of the Tank.
e and ag - ' at a visual inspection is intended to
If latent • s are identified once the Tank has
Owne - es and acknowledges that the
nles Owner and the Company re -
defect of the Tank which is not
osion o roof plates or rafters, corrosion in
he Tank which is not clearly discoverable during
shed fo
Owner and th
remaining to
this provision,
ws Report —
the Owner
the exc
ust
ent t' • gr- of the Annual Inflation Rates (defined herein tive cale - r during the term of this Contract exceeds 12% e to reneg to the Annual Fees and increase the Annual Fees ct to compensate the Company for the excessive inflation.
Annu- - tion Rate for each calendar year shall be established by structi• = ost Index (" ENR- CCI'). In the event that the ENR- CCI the Company will negotiate and agree to an alternative index or e inflation. For illustrative purposes, if a Contract is executed in ould not be made until both the 2023 inflation rate and the 2024
16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same Agreement.
The Parties may utilize electronic means ( including facsimile and e- mail) to execute and transmit the Agreement and all such electronically executed and/ or transmitted copies of the Agreement shall be deemed as valid as originals.
2023 Utility Service Co., Inc.
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17. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior communications, understandings, and agreements relating to the subject matter hereof, whether oral or written.
This Contract is executed and effective as of the date (" the Effective Date") that the last Party signs this Contract below.
OWNER:
City of Lathrop
By:
Title: Title:
Print Name: t N
Date:
Witness:
COMPA
Uti e Co., Inc.
Seal:
Witness:
2023 Utility Service Co., Inc.
284
EXHIBIT B
USG WATER
SOLUTIONS
Utility Servi nc.
17 Year Water Tan - intenance ract
Tank Size • e: + 0 Ion — Tank 6
535 Gen Courtney Hodges Blvd • P 0 Box 1350 • Perry, GA 31069 Toll -free: 855. 526. 4413 I Fax: 478. 97. 2991
285
ice; h
ucting any re
ions and RO
mpany shall
he Tank dur
ts, water le
nd the T
I cle
by the
ssessm
ion, t
WATER TANK MAINTENANCE CONTRACT
This Water Tank Maintenance Contract ( hereinafter, "the Contract") is entered into by and between the City of Lathrop, whose business address is 390 Town Centre Drive, Lathrop, California 95330 hereinafter, "the Owner") and Utility Service Co., Inc., whose business address is 535 General Courtney Hodges Boulevard, Post Office Box 1350, Perry, Georgia 31069 ( hereinafter, " the Company"). The Owner and the Company shall be individually referred to herein as " a Party" or collectively referred to herein as "the Parties".
Therefore, in consideration of the mutual promises containe the receipt and sufficiency of which are hereby acknowl Parties agree as follows:
1. Company' sEngagement and Responsibi
to provide the professional services needed to
at 15117 Stanford Crossing, Lathrop, Caliform
the Company' sresponsibility for the upfront renovat
and the care and maintenance of the Tank thereafter.
hereto and marked as Schedule A. services ( col
provide include the following:
a. The Company will annually in
that the structure is in a sound, wat
inspection report
b. Every four
the Tank is d
perform a con
each Washout In
accu - a s from
in
In
c.
and re
expansio
covers/ gask
d. The Compa
as complete rep
determined by the t
approved for use in p• able water tanks will be used on any interior surface area. The need for exterior painting of the Tank is to be determined by the appearance and protective condition of the existing paint. At the time that the exterior requires repainting, the Company agrees to paint the Tank with a coating that is the same color as the existing coating and to select a coating system which best suits the site conditions, environment, and general location of the Tank. When interior or exterior painting of the Tank is needed, all products and procedures as to coating systems will be equal to or exceed the the
tes
er follows
ith the i
er, the
on the T
ank will b
nk.
t
ht co
ach ins
W
A
ugh ' ted
n and other valuable consideration,
the Owner and the Company, the
The Owner
its 1, 600, 000 gal
30 ( hereinafter, "the
ereinafter he "Upfron
ect and Servic
e Services") th
s to engage the Company
ter storage tank located
This Contract outlines
vation") of the Tank
edule is attached
Company will
ill be inspected to ensure
ny will provide a written
on Contract Year 4, after
will cl - - e interior of the Tank and
ereinafter " ashout Inspection"). During
aned to remove all mud, silt, and other
a Washout Inspection is completed, the
disinfected prior to returning the Tank
e for draining and filling the Tank and
fore returning the Tank to service. Visual
is re
the wate
I rotate.
e the peering and inspection services needed to maintain he ter • f this Contract. The repairs include: the Tank' s indicators, sway rod adjustments, vent screens, manhole s other steel parts not otherwise excluded hereinafter. d repaint the interior and/ or exterior of the Tank at such time eded. The need for interior painting of the Tank is to be s of the existing liner and its protective condition. Only materials
2023 Utility Service Co., Inc.
286
requirements
D102 standard
of
in
the
effect
State
as of
of
the
California
Effective
and
Date (
the
defined
American
hereinafter).
Water Works Association' s
e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank' ssecurity during the term of the Contract. For the avoidance of doubt, security of the Tank and the site where the Tank is located hereinafter, "Tank Site") are the responsibility of the Owner. f. In the event of an emergency involving the Tank, the Owner shall provide written notice of such emergency to the Company via its email hotline at the following address:
customerservice@usgwater. com. The Company will provide emergency services for the Tank, when needed, to perform all repairs covered under thi . ntract. Reasonable travel time must be allowed for the repair unit to reach the Tan g. When the Tank is taken out of service, the Compan rnish pressure relief valves, if requested by the Owner, so that the Owner can ' - valves in its water system while the Tank is being serviced. The Owner a risk and liability for the installation and use of the pressure relief valve
h. The Company will furnish the Owner . rrent certifica summarize the Company' sinsurance cov
2. Contract Price/ Annual Fees. the
Section 1, the Owner shall pay the Company an Annu
Year of the Contract. The Annual F- Contract Ye
thereafter, the Annual Fee shall be ad reflect the c
Annual Fee shall be limited to a maxim - nually. A
the Owner and are in addition to the state, • st - es in thi
3. Payment Terms.
first day of each Contr
shall be monthly. If t
date of invoice, the C
terminate or suspend Se
4. shall
for th
months
Unreasona
Unreasonable
the amount of its
agrees that the Co
operated vehicle inspe
without requiring the mo
C
ing the Com
lay, the Co
and the 0
nable cost
can repl
RO
Annual
ver, the
s all app
rge the
s Contract
perf
he
insurance, which will
ance of t - rvices required by
er, "Annual ' or each Contract
e $ 53, 946. 00. Contract Year
cost of service. The adjustment of the
licable taxes are the responsibility of
tract.
able by the Company on the
at - I
invoicing under this Contract
es, ar- paid within ninety ( 90) days of the
r a late fee on unpaid balances and may also
ut notice. The late fee will be 1.5% per month.
es. rp• of this Section 4, "Unreasonable Delay"
asing th o making the Tank available to the Company
rvices de ! bed herein for a period of twenty- four (24) request for release or access to the Tank. In the event of res- the right to recover its reasonable costs related to the r
agree • • negotiate with the Company in good faith to determine sed by such Unreasonable Delay. Furthermore, the Owner hereby a Washout Inspection of the Tank with a visual inspection, remotely pection"), or unmanned aerial vehicle inspection (" UAV Inspection") this Contract.
5. Structure of Tank an • ank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this Contract based upon its existing structure and components as of the Effective Date ( defined hereinafter). Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/ or any adjoining properties e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this Contract. The Owner shall be responsible for removing all antenna and equipment from the tank prior to the initial renovations.
2023 Utility Service Co., Inc.
287
6. Environmental, Health, Safety, Labor, or Industry Requirements. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances ( e.g., EPA or OSHA regulations or standards) following the Effective Date of this Contract, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this Contract. Furthermore, modifications to industry requirement( s) including, but not limited to, standard( s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable ad' ment of the Annual Fees in this Contract. Said equitable adjustment of the Annual Fees in t ' tract will reasonably reflect the increased cost of the Services with newly negotiated Annual F The work performed under this Contract is subjec
performing work under this Contract are to be paid n
set by the appropriate authority. Any future work pe
to the wage determination of the appropriate a
However, the Owner and the Company hereby a
classification increases by more than 5% per annu
in which any future work is to be performed under this
re -negotiate the annual fee( s) with t ner. If the
negotiated annual fee( s), then: ( 1) th . ny will not
Company will not be obligated to return fee( s) re
7. Excluded Items.
the Company for: ( i) con
any hazardous waste
weather; (iv) repair o
Tank was not originally
site damage caused by ph
employees, or con
Owner' s
or inac
unders
of the roo
component
of fill lines, ins
kind below groun
including, but not li
to, any damage to t
tornadoes. Acts of terro
results from an unauthorize
tural da
ned; (v)
Icon
e areas
f the floor plat
and the top
clude any lig
n, and/ or fro
I; and (xiii)
to: acts
nk
relief
d ( b)
roof
such
sN
any tim
er
This Contrac
f the Tan
solution
due to
olution o
s below th
ges,
s han the
by workers
which is in effec
hat if the prevailing wa
the eff: tive date o
the Compa
nd the Owner c
wages, and the workers who are
ailing hourly rate of wages as
this Contract will be subject
the work is performed.
es for any job or trade
ontract to the date
erves the right to
of agree on re -
gated to perform the work and ( 2) the
by the Company.
de the or and/ or liability on the part of
f the Contract; (ii) disposal of
s o structural damage due to cold
nstalla . • r other attachments for which the
ational problems or repair of structural damage or
ace of the ground; (vi) negligent acts of Owner' s
ther foreseen or unforeseen, caused by the
ndation of the Tank; (ix) any latent defects
compo - is ding, but not limited to, (a) corrosion from the essible ar- of the Tank such as the area between the bottom x) the maintenance, repair or replacement of any electrical viation lights); (xi) the maintenance, repair or replacement ckets; ( the maintenance, repair, or replacement of piping of any r conditions which are beyond the Owner' sand Company' scontrol, od and acts of terrorism. Acts of God include, but are not limited nk Site which is caused by seismic activity, hurricanes, and/ or but are not limited to, any damage to the Tank or Tank Site which of any kind to the Tank or Tank Site.
8. Force Majeure. If the Company is prevented from performing any of its duties or obligations hereunder ( other than duties or obligations with respect to payment) in a timely manner by reason of act of God or force majeure such as: (i) fire, (ii) war, (iii) earthquake, (iv) strike, (v) lock -out, (vi) labor dispute, vii) flood, (viii) public disaster, ( ix) pandemic or epidemic event ( including COVID- 19), ( x)interruptions or delays in reasonably available means of transportation, (xi) acts of any government or its agencies or officers, or any order, regulation, or ruling thereof, ( xii) equipment or technical malfunctions or failures, xiii) power failures or interruptions, or ( xiv) any other reason beyond its reasonable control, such
2023 Utility Service Co., Inc.
288
under this Contract without the prior
assignment, the Owner shall remain
and in writing all of the obligations of
Owner in violation of this provision will be
11. Indemnification.
THE OWNER HARM
EXPENSE IN CON
PROPERTY BY REA
OR ITS SUBCONTRAC
INDEMNIFY
ACTION
PERS
ANY
12. Assig
outstanding rece
credit.
COMPA
CLAIMS,
OSS O
THE EX
S OR EM
condition shall be deemed to be a valid excuse for delay of performance or for nonperformance of any such duty or obligation for the period during which such condition exists.
9. Termination. This Contract is an annual contract that shall automatically renew on an annual basis for a seventeen year term so long as: (i) the Owner pays each Annual Fee to the Company in accordance with the terms herein and ( ii) does not terminate the Contract pursuant to the terms of this Section. This Contract is subject to termination by the Owner only at the end of the then - current Contract Year if written notice of intent to terminate is received by the Company at least ninety 90) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least ninety (90) days prior to the first day of the upcom Contract Year, this Contract shall renew for an additional Contract Year and expire at the end of t • ming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay t' ual Fee for the upcoming Contract Year. The notice of intent to terminate must be sent by c- il, with return receipt requested, to Utility Service Co., Inc., Attention: Customer Service, Po ce 1350, Perry, Georgia 31069, and signed by three ( 3) authorized voting officials of th- " er' s go • g body ( e.g., commission or council). Notice of intent to terminate cannot be - d electronic. verbally ( e.g., email, text, phone call, etc.). The Owner acknowledges and - - that the Company . dvanced Services to the Owner, and the Company has not received full p. nt for the Services pre" performed.
10. Assignment. The Owner may not as
n consent o
le under thi
nder this
effect.
e transfer a - ny of its interest
any. If the Com agrees to the
tract, until its assignee assumes in full
ract. Any attempted assignment by
THE OWNER AND HOLD
NS, DAMAGES, LIABILITY, AND
RSO NJURY, AND/ OR DAMAGE TO
OF ANY NE LIGENT ACT OF THE COMPANY
YEES. IN TURN, THE OWNER AGREES TO
Y HARMLESS FROM CLAIMS, DEMANDS,
CONNECTION WITH LOSS OF LIFE,
BY REASON OF AND TO THE EXTENT OF
TRACTORS, AGENTS, OR EMPLOYEES.
The Company reserves the right to assign any
tract to its banking institution as collateral for any loans or lines of
13. Miscellaneous I No modifications, amendments, or alterations of this Contract may be made, ex a writing signed by the Parties. No failure or delay on the part of any Party hereto in exercising any power or right hereunder shall operate as a waiver thereof. The Parties expressly warrant that the individuals who sign below are authorized to bind them.
14. Visual Inspection Disclaimer. This Contract is based upon a visual inspection of the Tank.
The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company re -
2023 Utility Service Co., Inc.
289
negotiate the Annual Fees. The definition of a " latent defect" shall be any defect of the Tank which is not easily discovered ( e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
15. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two ( 2) consecutive calendar years during the term of this Contract exceeds 12% in total, the Owner and the Company agree to renegotiate the Annual Fees and increase the Annual Fees throughout the remaining term of the Contract to compensate the Company for the excessive inflation.
For purposes of this provision, the Annual Inflation Rate for each - ndar year shall be established by the Engineering News Report — Construction Cost Index (" EN . In the event that the ENR- CCI index is discontinued, the Owner and the Company will neg• - nd agree to an alternative index or methodology to address the excessive inflation. For illus • oses, if a Contract is executed in 2022, the first equitable adjustment could not be made • oth 023 inflation rate and the 2024 inflation rate have been established. If the annual infl - tes for and 2024 are 5.0% and 7.1%, respectively, the Owner and the Company agree to • tiate the cur - ar' sAnnual Fee as well as the remaining Annual Fees for the remainder •- erm of the Contr_ • address the excessive inflation.
16. Counterparts. This Agreement
shall be deemed an original, but all of taken togeth
The Parties may utilize electronic me ding facsi
Agreement and all such electronically d/ or tran
deemed as valid as originals.
17. Entire Agreeme
supersedes all prior c
hereof, whether oral
Agreeme
unders
ed in count- ' s, each of which
stitute one and th. me Agreement.
nd e- mail) to execute and transmit the
d copies of the Agreement shall be
eement of the Parties and
relating to the subject matter
2023 Utility Service Co., Inc.
290
This Contract is executed and effective as of the date (" the Effective Date") that the last Party signs this Contract below.
OWNER:
City of Lathrop
COMPANY:
Utility Service Co., Inc.
By: By:
Title: Title:
Print Name:
Date: - te•
Witness: Witness:
Seal:
2023 Utility Service Co., Inc.
291
292
ITEM 4. 16
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE CONTRACT EXTENSION WITH DAVID
SILVA, DBA SILVA LANDSCAPE FOR
LANDSCAPE MAINTENANCE SERVICES
Adopt Resolution Approving a Contract
Extension with David Silva, dba Silva
Landscape for Landscape Maintenance
Services
SUMMARY:
In the summer of 2017, the City solicited bids for professional landscape maintenance services. During the August, 28, 2017 Special Meeting, City Council awarded the City' s landscape maintenance contract to David Silva, dba, Silva Landscape ( Silva Landscape). Silva Landscape has maintained City -owned park landscaping and streetscape ( Landscape) over the past eight years. Silva Landscape has successfully kept up with the City' s growth, including hiring more staff and investing in heavy equipment to accommodate the ongoing facility, park, and street additions.
The City' s streetscape and irrigation systems in older neighborhoods is deteriorating and in need of replacement. Over the years, staff has worked with Silva Landscape to develop a plan to replace apportioned amounts of deteriorating streetscape per year with low maintenance, water -efficient and aesthetically pleasing streetscape within the scope and cost of their current maintenance contract. Silva has agreed to undertake this additional work as part of their maintenance contract.
The contract with Silva Landscape expires on June 30, 2024. Staff is requesting Council' sapproval of a three year extension to allow Silva Landscape to complete the phased replacement of deteriorated streetscape as they continue ongoing Landscape maintenance services. Sufficient funds for the requested contract extension have been allocated to the approved FY 2024-5 budget; therefore, no budget amendment is needed.
BACKGROUND:
Silva Landscape has maintained City -owned park landscaping and streetscape Landscape) over the past eight years. Silva Landscape has successfully kept up with the City' s growth, including hiring more staff and investing in heavy equipment to keep up with the ongoing facility, park, and street additions.
City staff have worked with Silva Landscape to design upgrades to areas of deteriorated streetscape. Subject upgrades include improvements to irrigation components and replacement of existing plant material with more drought tolerant species and low -maintenance surface treatments. Examples of irrigation upgrades include updates to Calsense controllers and replacement of outdated irrigation components. Examples of surface treatment improvements include the replacement 293
CITY MANAGER' SREPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT EXTENSION WITH DAVID SILVA, DBA SILVA
LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES
of water -consuming grass and groundcovers with materials such as decomposed granite, artificial turf, stamped concrete and various forms of decorative rock.
As these improvements are City- wide and numerous, they will take over two years to complete. Given Silva Landscape' syears of City Landscape maintenance, the company is familiar with the locations and details of the City' s irrigation systems, plant materials and decorative surfacing. Therefore, they are able to upgrade the streetscape without City staff having to prepare a bid solicitation, plans and specifications. The contemplated streetscape upgrades will match the streetscape recently installed in the medians of Louise Avenue as a function of Capital Improvement Project ( CIP) GG 21- 15, and will be installed at a rate of 50, 000 square feet of streetscape per year. These details are contained in the subject contract' s extension letter, Exhibit B.
To allow Silva Landscape to complete the subject streetscape upgrades and continue to provide quality and efficient Landscape maintenance services, staff requests City Council adopt a resolution approving a three year contract extension with Silva Landscape for Landscape maintenance services with an effective date of July 1, 2024 and a termination date of June 30, 2027.
REASON FOR RECOMMENDATION:
The requested contract extension will allow Silva Landscape to complete the improvements necessary to update the subject areas of deteriorated streetscape and continue to provide Landscape maintenance services. The irrigation upgrades will reduce water use, and the installation of more drought -tolerant plant material will reduce the City' scost for water and maintenance of the streetscape.
FISCAL IMPACT:
Sufficient funds for the requested extension have been allocated to the subject contract in the approved FY 2024-5 budget; therefore, no budget amendment is needed.
ATTACHMENTS:
A. Resolution Approving Contract Extension with David Silva dba Silva Landscape B. Contract Extension Letter to David Silva dba Silva Landscape 294
CITY MANAGER' SREPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT EXTENSION WITH DAVID SILVA, DBA SILVA
LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES
APPROVALS:
x. 324
Steven Hollenbeak
Assistant Engineer
Date
en Reed ' Date
Senior Construction Manager
Brad ylor
City Engineer
Cari Ja
Director of, Fi ance
3 -.242
6/ s/ lopi
Date
Date
idA2- 4
3• Lazy
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Ste n J. Salvatore
City Manager
n.• 5 •Z
Date
295
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING CONTRACT EXTENSION WITH DAVID SILVA, DBA SILVA
LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES
WHEREAS, on August 28, 2017, City Council approved the award of a Service contract ( Contract) to David Silva, dba Silva Landscape ( Silva Landscape) for maintenance of park landscape and streetscape ( Landscape); and WHEREAS, Silva Landscape has agreed to a time -apportioned upgrade of deteriorated streetscape in return for the reduced maintenance requirements associated therewith; and
WHEREAS, the subject upgrades will take over two years to complete; and WHEREAS, Silva Landscape' scurrent Service Contract will expire on June 30, 2024; and
WHEREAS, staff requests City Council adopt a resolution approving a three 3) year contract extension with Silva Landscape, beginning on July 1, 2024 and terminating on June 30, 2027 to allow to Silva Landscape to complete the streetscape upgrades and continue to provide Landscape maintenance services; and WHEREAS, as sufficient funds have been allocated to the Contract in the FY 2024-5 budget, no budget amendment is needed; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby adopt a resolution approving a three ( 3) year contract extension with Silva Landscape, beginning on July 1, 2024 and terminating on June 30, 2027. 296
The foregoing resolution was passed and adopted this 10th day of June, 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 297
City of
Office of the City Manager
David Silva, dba Silva Landscape
David Silva, Owner
P. O. Box 607
Patterson, CA 95363
390 Towne Centre Drive, Lathrop, CA 95330
Phone ( 209) 941 - 7220 — Fax ( 209) 941- 7229
www. ci. lathrop. ca. us
June , 2024
RE: Letter of Extension for Landscape Maintenance Services Dear Mr. Silva,
The Service Contract with David Silva, dba Silva Landscape to provide Landscape Maintenance Services, dated September 1, 2017, has a termination date of June 30, 2024.
This letter provides written notification that the City desires to extend the Contract by three ( 3) years, such that the new termination date is June 30, 2027, with no change to the current not -to - exceed contract amount of $1, 249, 068 per fiscal year.
This contract extension is based upon mutual agreement of both contract parties that Silva Landscape will upgrade 50, 000 square feet of deteriorated streetscape per year of the contract until all streetscape on non -arterial roads west of Interstate 5 and within Mossdale and Central Lathrop has been upgraded. The subject streetscapes shall match the landscaping elements installed in the medians of Louise Avenue, between Cambridge Ave. and Fifth St., except for the palm trees.
If all of the above is agreeable to you, please sign below and return this letter to indicate your concurrence. Should you have any questions or concerns regarding this project, please contact Dominic Maraspini, the staff member directly involved with this project, at ( 209) 941- 7430.
Thank you,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
298
1 hereby agree to extend the term of the Contract to provide Landscape Maintenance Services, dated September 1, 2017, between the City of Lathrop and David Silva, dba Silva Landscape by three ( 3) years, such that the new termination date of the Agreement is June 30, 2027, with all other terms of this Agreement to remain in effect.
David Silva, Owner Date
Silva Landscape
299
PAGE LEFT
INTENTIONALLY
BLANK
300
ITEM 4. 17
CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL SERVICES AGREEMENT
WITH FRUIT GROWERS LABORATORY, INC. FOR
WATER QUALITY LABORATORY SERVICES FOR THE
CITY' S REGULATORY COMPLIANCE PROGRAMS FOR
DRINKING WATER, STORMWATER AND
WASTEWATER
RECOMMENDATION: Adopt Resolution Approving a Professional Services Agreement with Fruit Growers Laboratory, Inc. for
Water Quality Laboratory Services for the City of
Lathrop' s Regulatory Compliance Programs for
Drinking Water, Stormwater and Wastewater
SUMMARY:
Water Quality Laboratory Services are needed to maintain regulatory compliance for permits associated with the City' s Drinking Water Program and Consolidated Wastewater Treatment Facility ( CTF).
Staff requests Council approve a professional services agreement ( PSA) with Fruit Growers Laboratory, Inc. (FGL) for Water Quality Laboratory Services for a total annual cost of $ 204, 723 as follows:
Regulatory Compliance
Program
Routine Drinking Water Tests
Annual Cost
37, 540
Funding Source( s)
Fund 5620
Stormwaters ( Spills/ Illicit)
Phase II Small MS4
1, 352 Funds 2020, 2500, 2510,
2560, 2570, 2640, 2670,
2680
NPDES Analysis
Consolidated Treatment Facility
161, 640 Fund 6080
Annual Sampling Requirements
Industrial Pretreatment Program
4, 191 Fund 6080
Funds for the water quality laboratory services have been allocated in the respective budgets for the Fiscal Year 2024-5 drinking water, stormwater, wastewater and industrial pretreatment regulatory compliance programs.
BACKGROUND:
Staff issued a Request for Proposals ( RFPs) to six ( 6) qualified firms on February 22, 2023 to provide water quality testing services for a contract term of two years, renewable annually at the City' s discretion for up to a total of five years. Proposals from two ( 2) firms were received on March 8, 2023. After reviewing and ranking the 301
CITY MANAGER' SREPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FRUIT GROWERS LABORTORY, INC. FOR WATER QUALITY LABORATORY SERVICES FOR THE
CITY' S REGULATORY COMPLIANCE PROGRAMS FOR DRINKING WATER,
STORMWATER AND WASTEWATER
proposals staff determined FGL to be the best qualified firm to provide these services for the City. On April 10, 2023 Council approved a PSA with FGL for the City' s drinking water and CTF permit compliance programs for Fiscal Year 2023-4.
At the request of staff, FGL has provided scope and fee proposals to issue a new professional services agreement to provide ongoing water quality laboratory services for the City' s regulatory compliance programs for Fiscal Year 2024-5.
REASON FOR RECOMMENDATION:
Water Quality Laboratory Services are needed to maintain regulatory compliance for permits associated with the City' s drinking water, stormwater, wastewater and industrial pretreatment regulatory compliance programs. In February 2023, Staff issued RFPs to six ( 6) qualified firms to provide water quality testing services for the City' s drinking water and CTF wastewater regulatory compliance programs.
Proposals from two ( 2) firms were received. After reviewing the proposals staff determined FGL as the best -qualified firm to provide these services, and staff is requesting Council to approve a PSA with FGL for Water Quality Laboratory Services for a total annual cost of $204, 723 for Fiscal Year 2024-5.
FISCAL IMPACT:
The estimated annual costs for the agreement with FGL to provide the Water Quality Laboratory Services is $ 37, 540 for the Drinking Water Program, $ 1, 352 for the Phase II MS4 ( stormwater), $ 161, 640 for the CTF Wastewater Permit Compliance and 4, 191 for the Industrial Pretreatment Program for a total cost of $ 204, 723. Funds for the water quality laboratory services have been allocated in the respective budgets for the 2024-025 Fiscal Year drinking water, stormwater, wastewater and industrial pretreatment regulatory compliance programs.
ATTACHMENTS:
A. Resolution Approving a Professional Services Agreement with Fruit Growers Laboratory, Inc. for Water Quality Laboratory Services for the City of Lathrop' s Regulatory Compliance Programs for Drinking Water, Stormwater and Wastewater
B. Professional Services Agreement with Fruit Growers Laboratory, Inc. for Water Quality Laboratory Services for the City of Lathrop' s Regulatory Compliance Programs for Drinking Water, Stormwater and Wastewater
302
CITY MANAGER' S REPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FGL
ENVIRONMENTAL FOR WATER QUALITY LABORATORY SERVICES FOR THE
CITY' S REGULATORY COMPLIANCE PROGRAMS FOR DRINKING WATER,
STORMWATER AND WASTEWATER
APPROVALS:
1b31— aS721/ Z2LP
Greg G. son Date
Senior Civil Engineer
Brad Ta6/ lor
City Engineer
r
Cari James
Finance Di ie tor
Date
Date
5/ 2./ 07 .4
2. 3 . Zo2' j
Michael King Date
Assistant City Manage
Salvador Navarrete Date
City Attorney
30 Stephen J. Salvatore Date
City Manager
303
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FRUIT
GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY
SERVICES FOR THE CITY OF LATHROP' S REGULATORY COMPLIANCE
PROGRAMS FOR DRINKING WATER, STORMWATER AND WASTEWATER
WHEREAS, Water Quality Laboratory Services are needed to maintain regulatory compliance for permits associated with the City' s Routine Drinking Water
Tests, stormwaters Phase II Small MS4, NPDES Analysis at the Consolidated Treatment Facility ( CTF), and Industrial Pretreatment Program; and WHEREAS, in February 2023, staff issued a Request for Proposals to six ( 6) qualified firms to provide water quality testing services for a contract term of two years, renewable annually at the City' s discretion for up to a total of five years, and proposals from two ( 2) firms were received on March 8, 2023; and WHEREAS, after reviewing and ranking the proposals staff has determined Fruit Growers Laboratory, Inc. (FGL) to be the best qualified firm to provide these services; and
WHEREAS, on April 10, 2023 Council approved a professional services agreement ( PSA) with FGL for the City' s drinking water and CTF permit compliance programs for the Fiscal Year 2023-4; and
WHEREAS, at the request of staff, FGL has provided scope and fee proposals to provide ongoing water quality laboratory services for the City' s regulatory compliance programs for Fiscal Year 2024-5; and
WHEREAS, staff requests Council approve a PSA with FGL for Water Quality Laboratory Services for a total annual cost of $ 204, 723 as follows:
Regulatory Compliance
Program
Routine Drinking Water Tests
Annual Cost
37, 540
Funding Source( s)
Fund 5620
Stormwaters ( Spills/ Illicit)
Phase II Small MS4
1, 352 Funds 2020, 2500, 2510,
2560, 2570, 2640, 2670,
2680
NPDES Analysis
Consolidated Treatment Facility
161, 640 Fund 6080
Annual Sampling Requirements
Industrial Pretreatment Program
4, 191 Fund 6080
and
WHEREAS, funds for the water quality laboratory services have been allocated in the respective budgets for the Fiscal Year 2024-5 drinking water, stormwater, wastewater and industrial pretreatment regulatory compliance programs. 304
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a professional services agreement with Fruit Growers Laboratory, Inc. for a total annual cost of $204, 723 to provide ongoing water quality laboratory services for the City' s drinking water, stormwater, wastewater and industrial pretreatment regulatory compliance programs for Fiscal Year 2024-5. 305
The foregoing resolution was passed and adopted this 10th day of June 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 306
ATTACHMENT B
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH FRUIT GROWERS
LABORATORY, INC.
FOR WATER
REGULATORY
QUALITY
COMPLIANCE
LABORATORY
PROGRAMS
SERVICES
FOR
FOR THE
DRINKING
CITY OF
WATER,
LATHROP' S
STORMWATER AND WASTEWATER
THIS AGREEMENT, dated for convenience this 10th day of June, 2024 is by and between Fruit Growers Laboratory, Inc. ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Water Quality Laboratory 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 Water Quality Laboratory 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 Water Quality Laboratory Services in accordance with the scope of work and fee proposals provided by CONSULTANT, attached hereto as Exhibits A", "B", "C" and " D" 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' S satisfaction. The fee proposals 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 $ 37, 540, for the Drinking Water Testing Laboratory Services at rates set forth in Exhibit " A", $1, 352 for the Stormwater Permit Compliance Water Quality Laboratory Services set forth in Exhibit "B", $161, 640 for the Wastewater Permit Compliance Water Quality Laboratory Services set forth in Exhibit C" and $ 4, 191 for the Industrial Pretreatment Program set forth in Exhibit " D", with a total sum not to exceed $ 204, 723. 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", "B", "C" and " 0", unless a written change order or Page
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY SERVICES
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.
3) Effective Date and Term
The effective date of this Agreement is July 1, 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 Exhibits "A", "B", "C" and " D" 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 Page
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY SERVICES
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 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: Glenn Olsen, 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,
project staff
and
prior
shall
to any
be
change.
notified by CONSULTANT of any changes of CONSULTANT' s
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 Page
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY SERVICES
requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' 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' s rating of no less than A: VII.
Page
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY SERVICES
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
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' sauthorized 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 Page
311
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY SERVICES
CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in 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' SResponsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate 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 Page
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY SERVICES
CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 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
Lathrop, CA 95330
Page
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY SERVICES
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant:
17) Miscellaneous
Fruit Growers Laboratory, Inc.
Corporate Office
853 Corporation Street
Santa Paula, CA 93060
Phone: ( 805) 392- 2000
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 Page
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY SERVICES
or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY. Upon CITY' srequest, 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.
1)
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 — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY SERVICES
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 — CONSULTING SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC. FOR WATER QUALITY LABORATORY SERVICES
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:
z- r
Date
Michael King Date
City of Lathrop
390Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Fruit Growers Laboratory, Inc.
853 Corporation Street
Santa Paula, CA 93060
Fed ID # 95- 07550000
Business License # 20225
Signature Date
Print Name and Title
Page
317
11 of 11
EXHIBIT A
FL
ENVIRONMENTAL AGRICULTURAL
Analytical Chemists
Date: May 8, 2024
To: City of Lathrop - 3008507
Attn: Greg Gibson E_Mail ggibson@ci. lathrop. ca. us
Subject: Price Quote No: ST 20240508- 04 .. Routine DW Water Tests 2024/5 Good day Greg,
FGL appreciates the opportunity to provide this quote. Please contact the lab at ( 209) 942- 0182 to schedule your sampling events or obtain supplies. Please review footnotes for additional information. We look forward to being of service.
Quote For Time Period: July 01, 2024 through June 30, 2025 Sampled By: FGL Sampling
Constituent Analytical Method Price per Sample
Total & E. Coli Coliform - Colilert P/ A SM9223B 14. 00 Total & E. Coli Coliform - QT - Colilert - 100 SM9223B 19. 00 HPC Standard Plate Count SM9215B 36. 00
Nitrate + Nitrite as N ( NO3 - N + NO2 -N) SM4500- NO3F 27. 00 Nitrite -Nitrogen ( NO2 -N) EPA 300. 0/ SM4500 14. 00
Nitrate - Nitrogen ( NO3 -N) EPA 300. 0/ SM4500 14. 00
General Mineral ( Alkalinity, Boron, Calcium, Carbonate, Chloride, Copper, Aggressive Index, Bicarbonate, Fluoride, Foaming Agents, Hydroxide, Iron, Langlier Index, Magnesium, Manganese, Nitrate, Nitrite, pH, Potassium, Sodium, Sodium Absorption Ratio, Electrical Conductivity, Sulfate, Total Dissolved Solids, Total Hardness, Zinc)
Various 104. 00
IOC Metals ( Aluminum, Antimony, Arsenic, Barium,
Beryllium, Cadmium, Chromium, Lead, Mercury, Nickel,
Selenium, Silver, Thallium, Vanadium)
Various 118. 00
General Physical ( Color, Odor, Turbidity) Various 22. 00 Subcontract: EDB & DBCP EPA 504. 1 101. 00
Subcontract: VOC - Atrazine & Simazine Only ( by EPA 525. 2)EPA 524. 2 152. 00 VOCs Full List EPA 524. 2 126. 00
Perchlorate EPA 331. 0 72. 00
Gross Alpha EPA 900. 0 33. 00
Uranium ( ICP/ MS) EPA 200. 8 22. 00
Total Alpha Emitting Radium -226 EPA 903. 0 67. 00
Radium -228 EPA Ra- 05 146. 00
Lead ( Pb) & Copper ( Cu) EPA 200. 7/ 200. 8 24. 00
Trihalomethanes EPA 551. 1 44. 00
Haloacetic Acids EPA 552. 2 93. 00
Individual Metals ( Arsenic $ 12, Iron $ 12) EPA200. 7/ EPA200. 8 12. 00 per Metal 1, 2, 3 - Trichloropropane SRL 524M- TCP 71. 00
Total Dissolved Solids ( TDS) SM 2540C 23. 00
Corporate Offices & Laboratory
853 Corporation Street
Santa Paula, CA93060
TEL: ( 805) 392- 2000
Env FAX: ( 805) 525- 4172 / Ag FAX:
CA ELAP Certification No. 1573
Office & Laboratory Office & Laboratory
2500 Stagecoach Road 563 E. Lindo Avenue
Stockton, CA 95215 Chico, CA 95926
TEL: (209) 942- 0182 TEL: (530) 343- 5818
805) 392- 2063 FAX: (209) 942- 0423 FAX: ( 530) 343-807 CA ELAP Certification No. 1563 CA ELAP Certification No. 2670 Office & Laboratory
3442 Empresa Drive, Suite D
San Luis Obispo, CA 93401
TEL: (805) 783- 2940
FAX: (805) 783- 2912
CA ELAP Certification No. 2775
Office & Laboratory
9415 W. Goshen Avenue
Visalia, CA 93291
TEL: (559) 734- 9473
FAX: ( 559) 734- 8435
CA ELAP Certification No. 2810
318
Subcontracted: Asbestos, Drinking Water EPA 100. 2 180. 00 Subcontracted: EPA 533 - PFAS ( Per/ Poly- fluorinated Alkyl Substances)
EPA 533 295. 00
Constituent Analytical Method Price per Sample
Field Services
Sampling Fee ( Weekday, Regular Route, Routine Bacti) 35. 00 Field Test - Field Chlorine Residual, Free or Total ( C1) Field 11. 00 Constituent Analytical Method Price per Sample
Other
Materials/ Disposal Fee ENV ( Charged per COC) 5. 00
Total Price Quote: 1880. 0
If a detection level exceedance occurs on the primary sample, the Travel Blank will be analyzed and charged as an additional sample. This pertains to EPA Methods: 504, 524. 2, 551 or SRL524M.
A Quality Assurance/ Quality Control report is supplied with all of our analyses. This assures our valued clients of accurate and defensible data.
All work undertaken is subject to our terms and conditions, which are available upon request.
Note: A $5. 00 Materials/ Disposal Fee is charged for each Chain of Custody submitted to the lab.
Note: FGL provides our customers with sampling supplies at no charge, when picked up at the lab. A fee applies to have them delivered.
Note: FGL may subcontract certain analyses whenever conditions impact the ability to provide results in a timely
manner.
If you have any questions regarding this quote or require any modifications, please call ( 805) 392- 2000 and ask to speak with a marketing associate. Thank you.
Reviewed and Glenn Olsen ( toPrepared By: Sara Shiells
Approved By Marketing Director Date: 2024- 05-8 15: 23
319
FGL Fee Estimate FY 24-5
Drinking Water Program
EPA Method/ Constituent Price per
Sample
No.
Samples
Extended
Price
Weekly System Monitoring: 8 Sites
SM9223B / Total & E. Coli Coliform 14 416 5824
Field Test — Field Chlorine Free 11 416 4576
Monthly Bacti Wells 6, 7, 8, 9 & 10
SM9223B / Total & E. Coli Coliform- QT- Colilert- 100 19 60 1140 Field Test — Field Chlorine Total 11 60 660
SM9215B HPC Standard Plate Count 36 60 2160
Quarterly LAWTF ( CR) Monitoring
EPA 200. 8/ Metals, Total -As 12 4 48
Monthly LAWTF ( CT) Monitoring
EPA 200. 7/ Metals, Total- Iron 12 12 144
Weekly LAWTF ( CT) Monitoring
EPA 200. 8/ Metals, Total -As 12 52 624
Quarterly Stage 2 DBP Monitoring
EPA 551. 1/ Trihalomethanes ( 4 Sites) 44 16 704
EPA 552. 2/ Haloacetic Acids ( 4 Sites) 93 16 1488
Annual Arsenic Monitoring Wells 6, 7, 8, 9 & 10
EPA 200. 8/ Metals, Total -As 12 5 60
Annual Nitrate Monitoring Wells 6, 7, 8, 9 & 10
EPA 353. 2 Nitrate/ Nirite Nitrogen 14 5 70
Regulated VOCs Wells 7 & 8
EPA 524. 2 VOCs 126 2 252
Regulated SOC Wells 6, 7, 8, 9 & 10
SRL 524M- TCP/ 1,23 - Trichloropropane 71 5 355
Gross Alpha Wells 9 & 10
Gross Alpha 31 2 62
Quarterly PFAS Wells 6, 7, 8, 9 & 10
EPA 533/ PFAS 295 40 11800
Field Services
Sampling Fee ( Weekday, Regular Route, Routine Bacti 35 104 3640 Other
Materials/ Disposal Fee ENV (Charged per COC) 5 104 520 Total Price Quote =
Add 10% Contingency for unscheduled testing
TOTAL CONTRACT AMOUNT =
34, 127
3, 413
37, 540
320
EXHIBIT B
F -GL
ENVIRONMENTAL AGRICULTURAL
Analytical Chemists
Date: May 8, 2024
To: City of Lathrop -Storm Water - 3019433
Attn: Greg Gibson ggibson@ci. lathrop. ca. us
Subject: Price Quote No: ST 20240508- 02 -2024/025 Storm Waters ( Spills/ Illicit) Good day Jonah,
FGL appreciates the opportunity to provide this quote. Please contact the lab at ( 209) 942- 0182 to schedule your sampling events or obtain supplies. Please review footnotes for additional information. We look forward to being of service.
Quote For Time Period: July 01, 2024 through June 30, 2025 Sampled By: FGL Pick Up
Constituent Analytical Method Price per Sample
Price Per Sample
Ammonia ( NH3-) SM4500- NH3 H 36. 00
MBAS SM5540C 63. 00
Total Hardness ( as CaCO3) SM2340B 25. 00
Prep for Total Metals Analysis EPA 200 19. 00
Individual Metals - K EPA 200. 7/ EPA 200. 8 25. 00
Group Price: 168. 00
Constituent Analytical Method Price per Sample
Price Per Chain of Custody
Materials/ Disposal Fee ENV ( Charged per COC) 5. 00
Group Price: 5. 00
Constituent Analytical Method Price per Sample
Price per Trip
Pick up Fee 40. 00
Pickup Fee - Saturday 65. 00
Pickup Fee - Sunday/ Holiday 90. 00
Group Price: 195. 00
A Quality Assurance/ Quality Control report is supplied with all of our analyses. This assures our valued clients of accurate and defensible data.
All work undertaken is subject to our terms and conditions, which are available upon request.
Note: A $ 5. 00 Materials/ Disposal Fee is charged for each Chain of Custody submitted to the lab.
Note: FGL provides our customers with sampling supplies at no charge, when picked up at the lab. A fee applies to have them delivered.
Corporate Offices & Laboratory
853 Corporation Street
Santa Paula, CA 93060
TEL: (805) 392- 2000
Env FAX: (805) 525- 4172 / Ag FAX:
CA ELAP Certification No. 1573
Office & Laboratory
2500 Stagecoach Road
Stockton, CA 95215
TEL: ( 209) 942- 0182
805) 392- 2063 FAX: (209) 942- 0423
CA ELAP Certification No. 1563
Office & Laboratory
563 E. Lindo Avenue
Chico, CA 95926
TEL: ( 530) 343- 5818
FAX: ( 530) 343-807
CA ELAP Certification No. 2670
Office & Laboratory
3442 Empresa Drive, Suite D
San Luis Obispo, CA 93401
TEL: (805) 783- 2940
FAX: ( 805) 783- 2912
CA ELAP Certification No. 2775
Office & Laboratory
9415 W. Goshen Avenue
Visalia, CA 93291
TEL: (559) 734- 9473
FAX: ( 559) 734- 8435
CA ELAP Certification No. 2810
321
Note: FGL may subcontract certain analyses whenever conditions impact the ability to provide results in a timely
manner.
If you have any questions regarding this quote or require any modifications, please call ( 805) 392- 2000 and ask to speak with a marketing associate. Thank you.
Reviewed and Glenn Olsen
S
Prepared By: Sara Shiells
Approved By Marketing Director Date: 2024- 05-8 15: 28
322
FGL Fee Estimate FY 24-5
Phase 11 MS4 (Stormwater)
EPA Method/ Constituent Price per
Sample
No.
Samples
Extended
Price
IDDE ( Stormwater)
SM4500- NH3 H/ Ammonia (NH3-) 36 4 144
SM5540C/ MBAS 63 4 252
SM2340B/ Total Hardness ( as CaCO3) 25 4 100
EPA 200/ Prep for Metals Analysis 19 4 76
EPA 200. 7/ EPA 200. 8/ Individual Metals - K 25 1 25
Field Services
Sample Pick Up, Standard Weekday 40 2 80
Sample Collection Fee — Saturday/ Sunday 65 1 65
Sample Collection Fee - Holiday 90 1 90
Other
Materials/ Disposal Fee ENV ( Charged per COC) 5 4 20
Total Price Quote =
Contingency for unscheduled testing
TOTAL CONTRACT AMOUNT =
852
500
1, 352
323
EXHIBIT C
FGL
ENVIRONMENTAL AGRICULTURAL
Analytical Chemists
REVISION
Date: May 21, 2024
To: City of Lathrop CTF - 3014982
Attn: Greg Gibson E_Mail ggibson@ci. lathrop. ca. us
Subject: Price Quote No: SP 20240508- 03 - NPDES Analyses 24/5 Good day Greg,
This quote is REVISED from the earlier quote dated May 08, 2024. An adjustment has been made to Pyrethroid Pesticides testing to include DOC, TOC and Hyalella Azteca, as required by your NPDES Permit. Please disregard the early version.
Quote For Time Period: July 01, 2024 through June 30, 2025 Sampled By: FGL Sampling
Constituent Analytical Method Price per Sample
Analytical Methods Report ( EFF- 001 & RSW- 001)
Metals - Sample Prep EPA 200. 21. 00
Individual Metals
Sb, A1,s, Ba,e, Cd,r,u, Fe, Pb, Hg, Mn,o, Ni Se, Ag, T1, Zn) EPA 200. 7/ 200. 8 284. 00
Cyanide, Total ( CN) Kelada- 01 79. 00
Subcontracted: Asbestos, Wastewater EPA 100. 2 415. 00
Subcontracted: Dioxins, TCDD Only ( Aqueous -WW) 305. 00 VOCs Full List EPA 624. 1 193. 00
Semi -Volatile Organics ( Full List) EPA 625. 1 (Semi- Volatiles) 304. 00 Chlorinated Pesticides & PCBs EPA 608. 3 207. 00
Subcontracted: Mercury - Methyl Mercury EPA 1630 255. 00 Total Hardness ( as CaCO3) SM2340B 36. 00
MBAS SM5540C 63. 00
Electrical Conductivity ( EC) SM2510B 25. 00
Total Dissolved Solids ( TDS) SM2540C 25. 00
Chloride ( C1) EPA 300. 0 25. 00
Total Phosphorus ( P) EPA 200. 7/ 200. 8 34. 00
Sulfate ( SO4) EPA 300. 0 25. 00
Total Sulfide ( H2S) SM4500- S D 31. 00
Ammonia ( NH3-) SM4500- NH3 H 36. 00
Nitrate ( NO3 - N) EPA 300. 0/ SM4500 25. 00
Nitrite (NO2 -N) EPA 300. 0/ SM4500 25. 00
1, 2, 3 - Trichloropropane SRL 524M- TCP 105. 00
EDB & DBCP EPA 504. 1 105. 00
Herbicides EPA 515. 3 174. 00
Subcontracted: EPA 525. 2 w/ 507 Pesticides, Full List EPA 525. 2 265. 00 Carbamates EPA 531. 1 174. 00
Subcontracted: Endothall EPA 548. 1 174. 00
Diquat EPA 549. 2 174. 00
Corporate Offices & Laboratory
853 Corporation Street
Santa Paula, CA 93060
TEL: (805) 392- 2000
Env FAX: ( 805) 525- 4172 / Ag FAX:
CA ELAP Certification No. 1573
Office & Laboratory
2500 Stagecoach Road
Stockton, CA 95215
TEL: ( 209) 942- 0182
805) 392- 2063 FAX: (209) 942- 0423
CA ELAP Certification No. 1563
Office & Laboratory
563 E. Lindo Avenue
Chico, CA 95926
TEL: ( 530) 343- 5818
FAX: (530) 343-807
CA ELAP Certification No. 2670
Office & Laboratory
3442 Empresa Drive, Suite D
San Luis Obispo, CA 93401
TEL: ( 805) 783- 2940
FAX: (805) 783- 2912
CA ELAP Certification No. 2775
Office & Laboratory
9415 W. Goshen Avenue
Visalia, CA 93291
TEL: (559) 734- 9473
FAX: ( 559) 734- 8435
CA ELAP Certification No. 2810
324
Subcontracted: Tributyltin ( Liquid and Solid) 275. 00
Group Price: 3859. 00
Constituent Analytical Method Price per Sample
Analytical Methods Report (EFF- 001 & RSW- 002)
Subcontracted: EPA 8270 Total Pyrethroid Pesticides EPA 8270 575. 00 Group Price: 575. 00
Constituent Analytical Method Price per Sample
Analytical Methods Report ( EFF- 001 & RSW- 001, RSW- 002 Dissolved Organic Carbon ( DOC) SM 5310C 74. 00
Total Organic Carbon ( TOC) SM 5310C 74. 00
Group Price: 148. 00
Constituent Analytical Method Price per Sample
Routine Chemical Methods ( INF- 001)
Biochemical Oxygen Demand ( B0D5) SM5210B 35. 00
Total Suspended Solids ( TSS) SM2540D 21. 00
Group Price: 56. 00
Constituent Analytical Method Price per Sample
Routine Chemical Methods ( EFF- 001)
Total & Fecal Coliform - LTB Series - 15 tube SM9221B, E 35. 00 Biochemical Oxygen Demand ( BOD5) SM5210B 35. 00
Total Suspended Solids ( TSS) SM2540D 21. 00
Ammonia ( NH3-) SM4500- NH3 H 36. 00
VOCs ( DBCM, DCBM, Bromoform, Chloroform) EPA 624. 1 121. 00 Prep for Total Metals Analysis EPA 200 21. 00
Individual Metals - Ba EPA 200. 7/ EPA 200. 8 16. 00
Nitrate ( NO3 - N) EPA 300. 0/ SM4500 25. 00
Nitrite ( NO2-) EPA 300. 0/ SM4500 25. 00
Nitrate + Nitrite as N ( NO3- + NO2-) SM4500- NO3 F/ EPA 300. 0 0.0 Dissolved Organic Carbon ( DOC) SM 5310C 79. 00
Total Hardness ( as CaCO3) SM2340B 26. 00
Subcontracted: Mercury - Methyl Mercury EPA 1630 255. 00 Subcontracted: Mercury - Ultra Low Level ( Sampling Clean Hands/ Dirty Hands EPA 1669)
EPA 1631/ EPA 1669 185. 00
Individual Metals - Pb EPA 200. 7/ EPA 200. 8 15. 00
Chlorinated Pesticides ( Chlorpyrifos, Diazinon) EPA 625. 1 (Pesticides) 384. 00 Group Price: 1279. 00
Constituent Analytical Method Price per Sample
Routine Chemical Methods ( RSW- 002, 003
Ammonia ( NH3-) SM4500- NH3 H 36. 00
Dissolved Organic Carbon ( DOC) SM 5310C 74. 00
Total Hardness ( as CaCO3) SM2340B 36. 00
325
Group Price: 146. 00
Constituent Analytical Method Price per Sample
Toxicity Testing ( EFF- 001)
Subcontracted: Bioassay - Acute Toxicity, Rainbow Trout 1750. 0 Subcontracted: Bioassay - Chronic Toxicity, 3 -Species, 5- Dilutions
7475. 00
Group Price: 9225. 00
Constituent Analytical Method Price per Sample
Toxicity Testing ( Dowstream RSW- 002, or RSW- 003)
Subcontracted: Bioassay - Acute Toxicity, Hyalella Azteca 1750. 0 Group Price: 1750. 0
Constituent Analytical Method Price per Sample
Field Services
Samples Pick up Fee 40. 00
Sampling Fee - Saturday 65. 00
Sampling Fee - Sunday/ Holiday 90. 00
Sampling Fee - Weekday 50. 00
Field Test - Field pH Field 16. 00
Field Test - Field Dissolved Oxygen ( DO) Field 16. 00
Field Test - Field Temperature Field 16. 00
Group Price:
Total Price Quote:
293. 00
17331. 00
If a detection level exceedance occurs on the primary sample, the Travel Blank will be analyzed and charged as an additional sample. This pertains to EPA Methods: 504, 524. 2, 551 or SRL524M.
A Quality Assurance/ Quality Control report is supplied with all of our analyses. This assures our valued clients of accurate and defensible data.
All work undertaken is subject to our terms and conditions, which are available upon request.
Note: A $ 5. 00 Materials/ Disposal Fee is charged for each Chain of Custody submitted to the lab.
Note: FGL provides our customers with sampling supplies at no charge, when picked up at the lab. A fee applies to have them delivered.
Note: FGL may subcontract certain analyses whenever conditions impact the ability to provide results in a timely
manner.
If you have any questions regarding this quote or require any modifications, please call ( 805) 392- 2000 and ask to speak with a marketing associate. Thank you.
326
Reviewed and Glenn Olsen
Approved By Marketing Director
Ff1. Prepared By: Glenn A. Olsen
Date: 2024- 05- 21 14: 48
327
FGL Fee Estimate FY 24-5
CTF Wastewater
EPA Method/ Constituent Price per
Sample
No. Samples Extended Price
Daily Total & Fecal Coliform (TCO- 001)
SM9221B, E/ Total & Fecal Coliform 35 365 12775
Weekly BOD5 and Total Suspended Solids (INF- 001)
SM5210B/ Biochemical Oxygen Demand ( BOD5) 35 104 3640
SM2540D/ Total Suspended Solids ( TSS) 21 104 2184
Electrical Conductivity @ 25 degrees Celsius 25 52 1300 Weekly Effluent Monitoring ( EFF- 001)
SM5210B/ Biochemical Oxygen Demand ( BOD5) 35 208 7280
SM2540D/ Total Suspended Solids ( TSS) 21 208 4368
SM4500- NH3G/ Ammonia Nitrogen ( as N) 16 52 832
Weekend and Holiday Effluent Monitoring ( EFF- 002)
This monitoring will occur when the CTF is sending water through the cooling ponds, which will typically occur
October —April, annually
Field Test - Field pH 16 260 4160
Field Test - Field Dissolved Oxygen ( DO) 16 260 4160
Field Test - Field Temperatrure 16 24 384
Monthly Effluent Monitoring ( EFF- 001)
EPA 624. 1NOCs (DBCM, DCBM, Bromoform, Chloroform) 121 12 1452 EPA 200. 7/ EPA 200. 8/ Individual Metals — Barium (Ba) 16 12 192 EPA 300. 0/ SM4500/ Nitrate (NO3 -N) 25 12 300
EPA 300. 0/ SM4500/ Nitrite (NO2 -N) 25 12 300
Quarterly Effluent Monitoring (EFF- 001)
SM 5310C/ Dissolved Organic Carbon 74 4 296
SM2340B/ Total Hardness ( as CaCO3) 36 4 144
EPA 1630/ Mercury — Methyl Mercury 255 4 1020
EPA 1631/ EPA 1669/ Mercury - Total 185 4 740
EPA 200. 7/ EPA 200. 8/ Individual Metals — Lead ( Pb) 15 4 60 Annual Effluent Monitoring ( EFF- 001)
Chlorpyrifos and Diazinon — U. S. EPA Method 625M, Method 8141, or equivalent GC/ MS method with a lower Reporting Limit than the Basin Plan Water Quality Objectives of 0.15 µg/ Land
0. 1µg/ Lfor chlorpyrifos and diazinon
384 1 384
Whole Effluent Toxicity (WET) Testing ( EFF- 001)
Bioassay — Acute Toxicity, Rainbow Trout 1750 4 7000
Bioassay — Chronic Toxicity, 3 -Species, 5 - Dilutions + Control ( lab water). Include concurrent reference toxicant test.
7475 2 14950
Bioassay - Contingency for accelerated/ follow- uptesting 25000 Pyrethroid- related Toxicity Testing (one location IRSW- 002 or RSW- 0031)
Bioassay — Acute Toxicity, Hyalella Azteca 1750 2 3500
328
FGL Fee Estimate FY 24-5
CTF Wastewater
Monthly Receiving Water Monitoring ( RSW- 002 and RSW003 SM4500- NH3G/ Ammonia Nitrogen ( as N) 36 24 864
Quarterly Receiving Water Monitoring (RSW- 002 and RSW003) SM 5310C/ Dissolved Organic Carbon 74 8 592
EPA 200. 7/ Hardness, Total ( as CaCO3) 26 8 208
Pyrethroid Pesticides Monitoring ( EFF- 001 and one RSW location IRSW- 002 or RSW- 003])
Total Pyrethroid Pesticides — EPA 8270 or equivalent. Method must be validated by the Central Valley Water Board per the NPDES permit, Monitoring and Reporting Program, section IX. D. 575 4 2300
Total Organic Carbon ( TOC) 74 4 296
Effluent and Receiving Water Characterization Monitoring EFF- 001 and RSW- 001) Constituents in the NPDES permit, MRP, Table E- 10. Table E- 10 constituents routinely monitored and listed above are not included in the quote list below EPA 624. 1/ VOCs Full List 121 4 484
EPA 625. 1/ Semi- Volatile Organics 384 4 1536
EPA 200./ Metals — Sample Prep 21 4 84
EPA 200. 7/ EPA 200. 8/ Priority Pollutant Metals 284 4 1136 EPA 200. 7/ Boron 16 4 64
EPA 300. 0/ Chloride 25 4 100
EPA 4500- CN CE/ Cyanide, Total (as CN) 79 4 316
EPA 200. 7/ EPA 200. 8 Phosphorous, Total ( as P) 34 4 136 EPA 300. 0/ Sulfate 25 4 100
SM 4500- S D/ Sulfide (as S) 31 4 124
EPA 608. 3/ Chlorinated Pesticides & PCBs 207 4 828
SM5540C/ Foaming Agents ( MBAS) 63 4 252
SM2340B/ Hardness (as CaCO3) 36 4 144
SM2540C/ Total Dissolved Solids 25 4 100
SM4500- NH3G or equivalent/ Ammonia (as N) 36 4 144
EPA 300. 0/ SM4500/ Nitrate (as N) 25 4 100
EPA 300. 0/ SM4500/ Nitrite (as N) 25 4 100
SRL 524M- TCP/ 1,23 - Trichloropropane 105 4 420
EPA 504. 1/ EDB & DBCP 105 4 420
EPA 515. 3/ Herbicides 105 4 420
EPA 525. 2/ EPA 507/ Pesticides, Full List 265 4 1060
EPA 531. 1/ Carbamates 265 4 1060
EPA 548. 1/ Endothal 174 4 696
EPA 549. 2/ Diquat 174 4 696
Krones / Tribulytin 275 4 1100
Annually (Water Supply)
SM2540C/ Total Dissolved Solids ( TDS) 25 1 25
EPA 200/ Prep for Total Metals Analysis 21 1 21
EPA 200. 7/ EPA 200. 8 Standard Minerals 284 1 284
pH 16 1 16
329
FGL Fee Estimate FY 24-5
CTF Wastewater
Annually ( Sludge Monitoring)
SM9221 B, E/ Total & Fecal Coliform 35 1 35
Solids, Total ( or % moisture) (Solid) 13 1 13
SM4500- NH3H/ Ammonia Nitrogen (NH3-) (Solid) 36 1 36
SM2510B/ Electrical Conductivity ( EC) (Solid) 25 1 25
EPA 300. 0/ Nitrate (NO3 or NO3-) ( Solid) 25 1 25
SM4500- Norg/itrogen, Organic ( TKN- NH3-) ( Solid) 45 1 45 EPA 351. 1/ Total Kjeldal Nitrogen ( TKN) (Solid) 38 1 38 EPA 9045/ pH (Solid) 25 1 25
SM2540C/ Total Dissolved Solids ( TDS) (Solid) 25 1 25
EPA 200/ Prep for Total Metals Analysis 21 1 21
EPA 200. 7/ EPA 200. 8/ Individual Metals 284 1 284
EPA 8081 130 1 130
EPA 8082 130 1 130
EPA 8270 281 1 281
EPA 7471/ Mercury ( Solid) 45 1 45
Field Services
Sample Pick Up, Standard Weekday 40 208 8320
Sample Collection Fee — Saturday 65 52 3380
Sample Collection Fee - Sunday/ Holiday 90 53 4770
Sample Collection Fee - Weekday 50 52 2600
Other
Materials/ Disposal Fee ENV ( Charged per COC) 5 365 1825 Total Price Quote =
Add 20% contingency for unscheduled/ accelerated testing TOTAL CONTRACT AMOUNT =
134, 700
26, 940
161, 640
330
EXHIBIT D
FGL
ENVIRONMENTAL AGRICULTURAL
Analytical Chemists
Date: May 8, 2024
To: City Of Lathrop- IPP - 3019371
Attn: Greg Gibson E_Mail ggibson@ci. lathrop. ca. us
Subject: Price Quote No: ST 20240508- 03 - 2024/025 Annual Sampling Reqs.
Good day Greg,
FGL appreciates the opportunity to provide this quote. Please contact the lab at ( 209) 942- 0182 to schedule your sampling events or obtain supplies. Please review footnotes for additional information. We look forward to being of service.
Quote For Time Period: July 01, 2024 through June 30, 2025 Sampled By: FGL Sampling
Constituent Analytical Method Price per Sample
In -N -Out
Biochemical Oxygen Demand ( BOD5) SM5210B 57. 00
Total Suspended Solids ( TSS) SM2540D 34. 00
Total Dissolved Solids ( TDS) SM2540C 34. 00
Oil and Grease - Total Gravimetric EPA 1664A 57. 00
Group Price: 182. 00
Constituent Analytical Method Price per Sample
Swiss American Sausage
Biochemical Oxygen Demand ( BOD5) SM5210B 57. 00
Total Suspended Solids ( TSS) SM2540D 34. 00
Total Dissolved Solids ( TDS) SM2540C 34. 00
Oil and Grease - Total Gravimetric EPA 1664A 57. 00
Ammonia ( NH3-) SM4500- NH3 H 43. 00
Total Nitrogen ( TKN + NO3 -N + NO2 -N) Calculation 142. 00 Cyanide, Total (CN) Kelada- 01 85. 00
Chloride ( C1) EPA 300. 0 34. 00
Metals - Sample Prep EPA 200. 29. 00
Metals - Ag;s; B;a;e; Cd;r;u; Mn;o; Na;i;Pb; Se;TiVZn;EPA 200. 7/ EPA 200. 8 32. 00 Mercury ( Hg) EPA 245. 1 46. 00
Group Price: 593. 00
Constituent Analytical Method Price per Sample
Tesla
Biochemical Oxygen Demand ( BOD5) SM5210B 57. 00
Total Suspended Solids ( TSS) SM2540D 34. 00
Total Dissolved Solids ( TDS) SM2540C 34. 00
SUBCONTRACT: TPH - Full List DRO/ ORO (Petroleum
Products) (Liquid)
EPA 8015M 107. 00
Corporate Offices & Laboratory
853 Corporation Street
Santa Paula, CA 93060
TEL: (805) 392- 2000
Env FAX: ( 805) 525- 4172 /Ag FAX:
CA ELAP Certification No. 1573
Office & Laboratory
2500 Stagecoach Road
Stockton, CA 95215
TEL: (209) 942- 0182
805) 392- 2063 FAX: ( 209) 942- 0423
CA ELAP Certification No. 1563
Office & Laboratory
563 E. Lindo Avenue
Chico, CA 95926
TEL: (530) 343- 5818
FAX: ( 530) 343-807
CA ELAP Certification No. 2670
Office & Laboratory
3442 Empresa Drive, Suite D
San Luis Obispo, CA 93401
TEL: (805) 783- 2940
FAX: (805) 783- 2912
CA ELAP Certification No. 2775
Office & Laboratory
9415 W. Goshen Avenue
Visalia, CA 93291
TEL: (559) 734- 9473
FAX: ( 559) 734- 8435
CA ELAP Certification No. 2810
331
Group Price: 232. 00
Total Price Quote: 1007. 00
A Quality Assurance/ Quality Control report is supplied with all of our analyses. This assures our valued clients of accurate and defensible data.
All work undertaken is subject to our terms and conditions, which are available upon request.
Note: A $5. 00 Materials/ Disposal Fee is charged for each Chain of Custody submitted to the lab.
Note: FGL provides our customers with sampling supplies at no charge, when picked up at the lab. A fee applies to have them delivered.
Note: FGL may subcontract certain analyses whenever conditions impact the ability to provide results in a timely manner.
If you have any questions regarding this quote or require any modifications, please call ( 805) 392- 2000 and ask to speak with a marketing associate. Thank you.
Reviewed and Glenn Olsen A
Prepared By: Sara Shiells
Approved By Marketing Director Date: 2024- 05-8 15: 26
332
FGL Fee Estimate FY 24-5
Industrial Pretreatment Program
EPA Method/ Constituent Price per
Sample
No.
Samples
Extended
Price
In -N -Out
SM5210B/ Biochemical Oxygen Demand ( BODS) 57 1 57
SM2540D/ Total Suspended Solids ( TSS) 34 1 34
SM2540C/ Total Dissolved Solids ( TDS) 34 1 34
EPA 1664A/ Oil and Grease - Total Gravitimetric 57 1 57 Swiss American Sausage
SM5210B/ Biochemical Oxygen Demand ( BOD5) 57 1 57
SM2540D/ Total Suspended Solids ( TSS) 34 1 34
SM2540C/ Total Dissolved Solids ( TDS) 34 1 34
EPA 1664A/ Oil and Grease - Total Gravitimetric 57 1 57 SM4500- NH3 H/ Ammonia ( NH3-) 43 1 43
Calculation/ Total Nitrogen ( TKN + NO3 - N + NO2 -N)
142 1 142
Kelada- 01/ Cyanide, Total (CN) 85 1 85
EPA 300. 0/ Chloride (C1) 34 1 34
EPA 200./ Metals - Sample Prep 29 1 29
EPA 200. 7/ EPA 200. 8/ Priority Pollutant Metals 32 1 32 EPA 245. 1 /Mercury ( Hg) 46 1 46
EPA 4500- CN CE/ Cyanide, Total (as CN) 79 1 79
Swiss American Sausage — Federal Priority Pollutant List except asbestos) https:// www. epa. gov/ eg/ toxic- andpriority- pollutants- under- clean- water- act# priority 1145 1 1145
Testa
pH 16 1 16
SM2540D/ Total Suspended Solids ( TSS) 21 1 21
Electrical Conductivity @ 25 degrees Celsius 25 1 25
SM5210B/ Biochemical Oxygen Demand ( BODS) 35 1 35
SM2540C/ Total Dissolved Solids ( TDS) 34 1 34
SM2540D/ Total Suspended Solids ( TSS) 34 1 34
EPA 8015M/ Total Petroleum Hydrocarbon ( TPH) 107 1 107 Tesla — Federal Priority Pollutant List ( except asbestos) https: //www. epa. gov/ eg/ toxic- and- priority- pollutantsunder- clean- water- act# priority 1145 1 1145
Field Services
Sampling Fee, Weekday 50 5 250
Other
Materials/ Disposal Fee ENV ( Charged per COC) 5 5 25
Total Price Quote =
Contingency for unscheduled testing
TOTAL CONTRACT AMOUNT =
3, 691
500
4, 191
333
PAGE LEFT
INTENTIONALLY
BLANK
334
ITEM 4. 18
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE PROFESSIONAL SERVICES
AGREEMENT WITH MACKAY & SOMPS CIVIL
ENGINEERS, INC. TO PROVIDE CIVIL
ENGINEERING AND LAND SURVEYING
SERVICES ASSOCIATED WITH LATHROP
ANIMAL CENTER PROJECT CIP GG 23- 11
Adopt Resolution Approving a Professional
Services Agreement with MacKay & Somps
Civil Engineers, Inc. to Provide Civil
Engineering and Surveying Services
Associated with Lathrop Animal Center Project
CIP GG 23- 11
SUMMARY:
Professional civil engineering and land surveying services are needed to support the Stanford Crossing extension phase of the Lathrop Animal Center ( Project) Capital Improvement Project ( CIP) General Government and Safety ( GG) 23- 11. Staff requested a proposal from MacKay & Somps Civil Engineers, Inc. (MacKay & Somps) as the primary engineering firm for the Central Lathrop Specific Plan ( CLSP) to provide project management, civil engineering, and land surveying services.
Staff requests that City Council approve a Professional Services Agreement with MacKay & Somps in the amount of $ 194, 425 to provide design and construction staking services for the Project. Sufficient funds have been allocated in the Fiscal Year ( FY) 2023-4 approved budget for CIP GG 23- 11.
BACKGROUND:
On January 9, 2023 the City of Lathrop City Council approved CIP GG 23- 11 for the design and construction of the Project including civil improvements on Louise Avenue.
The previous Louise Avenue location has become unfeasible, and a new location has been acquired west of Lathrop High School. To accommodate access to the Project, the extension of Stanford Crossing within the CLSP from its current end location near the existing booster pump station up to Dos Reis Road, approximately 1, 500 feet in length, needs to be designed and constructed.
The scope of work includes the required topographic surveying, preliminary engineering and mapping, right- of- way support, geotechnical analysis, construction staking, and final design services to prepare contract construction documents. Staff reviewed the proposal and found it reasonable given the large scope of services and amount of work involved to complete the design phase.
335
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MACKAY & SOMPS CIVIL ENGINEERS, INC. TO PROVIDE CIVIL ENGINEERING AND LAND
SURVEYING SERVICES ASSOCIATED WITH LATHROP ANIMAL CENTER PROJECT CIP GG 23- 11
Staff is requesting City Council approve a Professional Services Agreement with MacKay & Somps in the amount of $ 194, 425 to complete the design and staking services for the Project.
REASON FOR RECOMMENDATION:
The improvement of Stanford Crossing to the north of the existing end is needed to continue the corridor to Dos Reis Road and provide access to the Project and future developments. Staff has reviewed the proposal from MacKay & Somps to complete the design and staking services and recommends City Council approve a Professional Services Agreement with MacKay & Somps Civil Engineers, Inc. in the amount of 194, 425.
FISCAL IMPACT:
Funds approved in the FY 23/4 budget for CIP GG 23- 11 Lathrop Animal Center are sufficient to authorize the Professional Services Agreement with MacKay and Somps Civil Engineers, Inc. in the amount of $194, 425.
ATTACHMENTS:
A. Resolution Approving a Professional Services Agreement with MacKay & Somps to Provide Civil Engineering and Surveying Services Associated with Lathrop Animal Center Project CIP GG 23- 11
B. Professional Services Agreement with MacKay & Somps Civil Engineers, Inc. to Provide Civil Engineering and Land Surveying Services to Complete the Design Phase for Lathrop Animal Center Project CIP GG 23- 11 336
CITY MANAGER' S REPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MACKAY & SOMPS CIVIL ENGINEERS, INC. TO PROVIDE CIVIL ENGINEERING AND LAND
SURVEYING SERVICES ASSOCIATED WITH LATHROP ANIMAL CENTER PROJECT CIP GG 23- 11
APPROVALS:
p 5 ,/a19 4v
VerorSica Albarran Date
Junior Engineer
Brad
City E
Cari - s
Finance l'rector
Michael King
Assistant City Manager
5/ 29f24)
Date
JIZfI/cvaZiL
Date
S 2.. 1 • ZO2. Y
Date
5. 30- zSalvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
337
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING PROFESSIONAL SERVICES AGREEMENT WITH MACKAY & SOMPS CIVIL ENGINEERS, INC. TO PROVIDE CIVIL ENGINEERING AND
SURVEYING SERVICES ASSOCIATED WITH LATHROP ANIMAL CENTER PROJECT CIP GG 23- 11
WHEREAS, on January 9, 2023 the City of Lathrop City Council approved Capital Improvement Project ( CIP) General Government and Safety ( GG) 23- 11 for the design and construction of the Lathrop Animal Center ( Project) including civil improvements on Louise Avenue; and
WHEREAS, the previous Louise Avenue location has become unfeasible, and a new location has been acquired west of Lathrop High School. To accommodate access to the Project, the extension of Stanford Crossing within the Central Lathrop Specific Plan ( CLSP) from its current end location near the existing booster pump station up to Dos Reis Road, approximately 1, 500 feet in length, needs to be designed and constructed; and
WHEREAS, staff requested a proposal from MacKay & Somps Civil Engineers, Inc. (MacKay & Somps) as the primary engineering firm for the CLSP; and
WHEREAS, the scope of work includes the required topographic surveying, preliminary engineering and mapping, right- of- way support, geotechnical analysis, construction staking, and final design services to prepare contract construction documents; and
WHEREAS, staff reviewed the proposal and found it reasonable given the large scope of services and amount of work involved to complete the design phase; and
WHEREAS, staff is requesting City Council approve a Professional Services Agreement with MacKay & Somps in the amount of $ 194, 425 to complete the design and staking services for the Project; and
WHEREAS, sufficient funds have been allocated in the Fiscal Year ( FY) 2023- 24 approved budget for CIP GG 23- 11.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop does hereby approve a Professional Services Agreement with MacKay & Somps Civil Engineers, Inc. to provide civil engineering and surveying services associated with Lathrop Animal Center Project CIP GG 23- 11. 338
PASSED AND ADOPTED by the City Council of the City of Lathrop this 10th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 339
ATTACHMENT
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
MACKAY & SOMPS CIVIL ENGINEERS, INC.
TO PROVIDE CIVIL ENGINEERING AND LAND SURVEYING
SERVICES TO COMPLETE THE DESIGN PHASE FOR LATHROP
ANIMAL CENTER PROJECT, CIP GG 23- 11
THIS AGREEMENT, dated for convenience this 10TH day of June 2024, is by and between MACKAY & SOMPS ("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' S satisfaction. 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 $ 194, 425, 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
340
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
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' sauthorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
3) Effective Date and Term.
The effective date of this Agreement is June 10, 2024, and it shall terminate no later than July 31, 2026.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work 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' Sbills shall include a list of all tasks, the 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.
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, without requiring the City to process a reason or explanation for its request.
341
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
The services shall be performed by, or under the direct supervision, of CONSULTANT' sAuthorized Representative: Chris Ragan, PE, CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
8) 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' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections (a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers'
sole cost
Compensation.
and expense, maintain
CONSULTANT
Statutory
shall,
Workers'
at CONSULTANT' S
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. 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 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 per occurrence, combined single limit coverage for risks
342
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
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:
1) 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' sgeneral 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.
343
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
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 One Million Dollars ($ 1, 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 claim 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
cost, any extended
to
reporting
exercise
provisions
at the CONSULTANT' S
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
344
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
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.
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:
1) 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.
10) Indemnification - CONSULTANT' SResponsibility
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
345
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
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 under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such
346
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
compensation upon CONSULTANT' Sdelivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) 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. 15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) Days by delivery of a hard copy of the material sent by facsimile transmission.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:
Copy to:
To Consultant:
City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: (209) 941- 7449
Chris Ragan, PE
5142 Franklin Drive, Suite B
Pleasanton, CA 94588
Phone: ( 925) 225- 0690
Fax: ( 925) 225- 0698
347
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
16) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f)
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.
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.
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.
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CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect. k) 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.
I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may
fees,
recover
incurred
its
or expended
reasonable
in
costs,
connection
including
with such
reasonable
action against
attorney' s
the
non -prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary 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. 18) 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
349
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
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.
350
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS FOR LATHROP ANIMAL CENTER PROJECT, CIP GG 23- 11
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete
Recommended for Approval: City of Lathrop
Assistant City Manager
C. 2/ -' W
Date
Michael King
Accepted By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
CONSULTANT:
Date
Stephen J. Salvatore Date
City Manager
Chris Ragan, PE
5142 Franklin Drive, Suite B
Pleasanton, CA 94588
Fed ID #
Business License #
Signature Date
Print Name and Title)
351
mAcKAY & soms
ENGINEERS PLANNERS SURVEYORS
May 9, 2024 ( Revised Mav 23, 2024)
City of Lathrop
Public Works Department
Attn: Brad Taylor, PE/ TE, City Engineer
390 Towne Centre Drive
Lathrop, CA 95330
Sent via email only to: fitavlor@ci. lathrop. ca. us
Re: Proposal for Stanford Crossing Extension ( Design & Staking Services) — Revised Dear Brad:
25257
In response to the RFP issued by the City of Lathrop on April 18, 2024, entitled " RFP for Stanford Crossing Extension Project", please find enclosed a proposal to provide Civil Engineering and Land Surveying Services. The proposal includes the Services as described in attached Exhibit A and the Compensation as described in attached Exhibit B.
The proposal is valid for 120 days from submittal as required by the RFP.
The City of Lathrop contractual form, conflicts of interest provisions, and insurance provisions are understood. We have previously entered into contract with the City of Lathrop and no modifications are requested.
MacKay & Somps will be the prime consultant providing project management, civil engineering, and land surveying services. Subconsultants will include TJKM ( signing and striping plan), ENGEO ( geotechnical engineering and SWPPP services), Giacalone ( streetlight design), and Sam Hamed Landscape Architect ( landscape plan). Refer to the enclosed organization chart for more details.
The MacKay & Somps team is not aware of any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to the firm' smanagement, or employees of the firms relative to the proposed services nor are we aware of any real or apparent conflicts of interest with current developers or landowners in the City ofLathrop.
Nothing contained in the submitted proposal is proprietary and it is understood that the proposal becomes the property of the City once submitted.
We are confident that we are well qualified for this project based on our experience with the City of Lathrop and our history of working on the Central Lathrop Specific Plan project since its inception in 2004 through today and our recent involvement with the preparation of the CLSP Phase 2 Amendment. We previously designed this same segment ofroad, and the City of Lathrop approved the plans in 2006. The plans will be used as the basis of design. The services that we will provide are very similar to the services that we provided for the River Islands Parkway widening project.
Upon your review of our proposal, please let us know if you have any questions or would like to meet to discuss it in more detail. We look forward to hearing back from you.
Sincerely,
MACKAY & SOMPS
Christian T. Ragan, P
Principal, VP
SINCE 1953 -
5142 FRANKLIN DRIVE, SUITE B, PLEASANTON, CALIFORNIA 94588- 3368 PHONE: (925) 225- 0690 FAX: (925) 225- 0698 OFFICES: PLEASANTON ROSEVILLE
www. msce. com
P:\ 25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop -Stanford Crossing Extension -Design & Staking Services - Cover Letter
05.9. 2024) -rev l .docx 352
Stanford Crossing Extension
Design & Staking Services
EXHIBIT A ( SCOPE OF SERVICES)
25257
Exhibit A
5/ 9/ 2024 (Revised 5/ 23/024)