To Agreement dated , 2024, between CITY OF LATHROP, A MUNICIPAL CORPORATION, hereinafter referred to as " Client", and MACKAY & SOMPS CIVIL ENGINEERS, INC., hereinafter referred to as Consultant".
Consultant agrees to perform the Services as listed based on the following stated project understanding.
1. Project Description:
Client intends to design and construct the extension of Stanford Crossing within the Central Lathrop Specific Plan from the point where it currently ends near the existing water tank up to Dos Reis Road totaling approximately 1, 500 feet in length, hereinafter called " Project".
Client desires to retain Consultant for the performance of civil engineering and land surveying services to the generally accepted standards of practice in effect at the time of performance, for the project which are hereinafter called the " Services".
2. Project Status / Assumptions / Approach:
Improvement plans were previously prepared by Consultant under contract with Richland Planned Communities in 2006. The plans were approved by the City of Lathrop. It is assumed that these plans will be used as the basis of design and that the new road will follow the original planned alignment and that the road will be constructed in a single phase.
It is assumed that any required CEQA documentation and/ or pre -construction surveys will be prepared by others.
Consultant previously established a control survey that will be utilized for this project.
Base mapping including existing property lines and right- of- way lines were previously established by Consultant and will be utilized for this project. It is recognized that the City of Lathrop acquired the property underlying the proposed road improvements so it is assumed that no additional mapping will be required.
Due to changes in the existing ground terrain, a new topographic survey will be prepared to establish grading conforms and estimate the earthwork volume.
It is assumed that the Stanford Crossing / Dos Reis Riad intersection will be designed as a tee intersection such that no right of way acquisition will be required on the north side of Dos Reis Road.
It is recognized that the city intends to abandon the existing storm drain pump on the north side of Dos Reis Road and connect the existing storm drain to the new storm drain that will be constructed in Stanford Crossing.
It is assumed that the city will specify the locations of any proposed driveways to the future adjacent Community Park / Event Center / Animal Control Facility.
It is assumed that the sewer pipe size that was previously designed will be reduced due to the reduction in flows from the CLSP Phase 2 Specific Plan area. Confirming the size of the sewer pipe will be determined with this project.
It is assumed that the proposed road improvements are grandfathered under the older stormwater quality permit and that the existing CDS unit will be adequate to provide stormwater quality treatment. It is assumed that no new stormwater quality treatment measures will be included.
P:\ 25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop -Stanford Crossing Extension - Design & Staking Services - Exhibit A
05.9. 2024)- revi. docx
353
Stanford Crossing Extension
Design & Staking Services
25257
Exhibit A
5/ 9/ 2024 (Revised 5/ 23/ 2024)
It is assumed that the city will confirm the size of the potable water and recycled water pipe sizes.
It is assumed that the storm drain pipe size will remain as previously designed and that there is no need for new hydrology and hydraulic calculations or modeling.
It is assumed that all storm drain structures will be per city standard details. It is assumed that no custom oversized structures will be required. Ifit is determined that any special designs requiring structural calculations are required, the services can be provided as an Additional Service.
It is assumed that the existing overhead line on Dos Reis Road will remain in -place and therefore no undergrounding or relocation design services or coordination are included. If undergrounding or relocation services are required, the services can be provided as an Additional Service.
It is assumed that traffic handling plans during construction will not be required. If traffic handling plans are required, they can be provided as an Additional Services.
A scope item and budget has been included for potholing as required by the RFP. The scope of work related to potholing is not clear at this time so it is being proposed as an optional item and requires further investigation before finalizing the scope and budget.
Streetlight design is included. Dry utility design ( Joint Trench) related to electric, gas, and telecommunications is excluded based on most utilities not allowing the installation of such facilities unless there is " new business" associated with the facilities. This should be further investigated with the city.
Assistance with a
temporary construction dewatering permit is not included, but it can be provided as an Additional Service.
Cathodic Protection Engineering is not included, but it can be provided as an Additional Service if needed.
Survey Monument Preservation: it is not anticipated that any existing monuments will be impacted during construction therefore a scope item for survey monument preservation is not included. If it is later identified that any monument preservation services are required, they can be provided as an Additional Service.
Parcel Map: it is assumed that a parcel map will be desired to map the right- of- way, PUE' s, and to set monuments. Alternatives to a parcel map are possible and should be discussed prior to finalizing the scope of services. Assume a tentative parcel map is not required, but one can be prepared as an Additional Service if needed.
3. Services to be Performed by Others:
CEQA Documentation
Environmental Analysis and Permitting
Biological / Wetland Investigations, Permitting and/ or Pre -construction surveys Phase 1 and / or Phase 2 Environmental Site Assessment
Right -of -Way Acquisition Services
Any of the above Services, listed as " completed" or " by others" are not included in Consultant' sscope of Services.
Any requested Services for these items will be Additional Service.
P: A25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop -Stanford Crossing Extension -Design & Staking Services - Exhibit A
05.9. 2024)- revl .docx
354
Stanford Crossing Extension
Design & Staking Services
25257
Exhibit A
5/9/ 2024 (Revised 5/ 23/ 2024)
DESIGN SERVICES
PROJECT MANAGEMENT
1. Project Management, Meetings & Coordination Services Project Management: Consultant will coordinate operations with Client, track progress of work, and administer subconsultants.
Meetings: Consultant will attend meetings and/ or video conferences/ teleconferences with the Client and other design team consultants as requested by Client. Consultant will conduct monthly Project Development Team Meetings including preparing agendas and meeting minutes as requested by Client. Consultant will respond to all internal request for information.
Coordination: Consultant will coordinate services with other design team consultants as needed to support the final design of the project. Design team consultants are anticipated to include geotechnical engineer, SWPPP consultant, streetlight designer, traffic engineer, and landscape architect.
Scheduling and Administration: Consultant will develop and maintain a Work Plan to identify each sub -task and deliverable and provide regular reporting of project status ( schedule, budget, etc.).
Quality Control / Quality Assurance: Consultant will develop and maintain a Quality Assurance Plan and conduct QC reviews on submittals.
Public Information Coordination: Consultant will assist City with responding to public inquiries and provide other support as requested by Client.
RECONNAISSANCE AND FIELD SURVEYS
2. Aerial Topographic Survey & Aerial Photo
Flight Panels: set flight panels to support the aerial topographic survey.
Prepare an aerial topographic survey to support final design at 1" = 40' scale with a 1 - foot contour interval and obtain an aerial photo.
Note: Subconsultant services to be provided by Aerotas ( drone processing)
3. Supplemental Topographic Survey
Obtain supplemental field topographic information ( precise top of curb grades, pavement grades, utility inverts at manholes/ inlts, precise utility pole locations, etc.) by ground survey as required.
Survey USA markings
Survey utilities exposed during potholing operation ( if required).
4. Survey Basemap
Compile survey basemap using mapping information previously prepared by Consultant. Compare information with current preliminary title report. Title report to be provided by Client.
5. Existing Utility Investigation
Compile existing utility data based on record information and previously prepared plans.
Coordinate with Client to contact USA and request utility markings.
P:\ 25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop -Stanford Crossing Extension - Design & Staking Services - Exhibit A
05.9. 2024)- revl. docx
355
Stanford Crossing Extension
Design & Staking Services
25257
Exhibit A
5/ 9/ 2024 (Revised 5/ 23/ 2024)
PRELIMINARY ENGINEERING & MAPPING
6. Preliminary Design
Utilize previously prepared improvement plans as a basis for preliminary design.
Prepare geometric plan showing proposed right- of- way, curbs, sidewalks, lane striping.
Prepare utility layout and set utility invert elevations.
Layout streetlights.
Layout landscaping.
Evaluate removal of existing storm drain pump at Dos Reis Road.
Coordinate with city to determine driveway and ADA ramp locations.
Overlay proposed improvements on survey basemap, aerial photo, and aerial topo for Client review prior to proceeding with preparation of improvement plans.
7. Parcel Map
Calculate, prepare, and process one ( 1) parcel map including the right- of- way, PUE' s, and survey monuments.
Prepare math checks / closure calculations.
Note: This scope of services does not include setting monuments as may be required by the parcel map. Setting monuments is included with the construction staking scope of services.
CONSTRUCTION DOCUMENTS
8. Improvement Plans, Specifications, and Estimates
Prepare and process plans ( 30%, 60%, 90% and 100%).
Prepare 1" = 40' improvement plans and reference specifications for required public street and utility improvements including:
o Pavement limits, curb, gutter, and sidewalk ( plan and profile and cross - sections). o Survey monuments to be set and/ or protected in -place. o Storm drain improvements ( plan and profile).
o Potable water and recycled water system improvements ( plan and profile). o Sewer system improvements ( plan and profile).
o Streetlights to be shown for reference ( plans to be prepared by others). o Rough grade information including:
Street top of curb elevations
Approximate tops and toes of slopes ( for slopes greater than one vertical foot) Earthwork volume table
Typical sections, details and standard notes.
Demo notes ( assume a separate demo plan is not required).
P:\ 25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop -Stanford Crossing Extension - Design & Staking Services -Exhibit A
05.9. 2024)- revl .docx
356
Stanford Crossing Extension
Design & Staking Services
25257
Exhibit A
5/ 9/ 2024 ( Revised 5/ 23/ 2024)
Note: Client to provide direction to Consultant regarding street undercut as it relates to Client' spreferred assumptions.
o Erosion control plan to support the approval of the improvement / grading plan showing only the BMP' srequired at the completion of the grading operation. SWPPP services and any in -progress erosion control plans during the grading operation are not included in this scope of services.
Prepare project specifications utilizing city standard specs as the basis.
Prepare quantity take - off and engineer' s estimate.
CONSTRUCTION ADMINISTRATION
9. Construction Consultation Services
Assist Client with bidding process.
Provide plans / CAD files to contractors.
Attend pre - construction meetings and/ or progress meetings.
Respond to Client/ conractors Requests for Information ( RFI' s).
Review material submittals.
Assist Client and contractors with plan interpretation/ clarifications as needed.
Provide survey control exhibit/ daa to contractor ifrequested by Client.
10. Record Drawings & GASB Report
Upon completion of construction, Consultant will prepare one set of reproducible mylar " record" drawings of the public improvement plans showing field changed information as provided by Client, contractor and agency inspection departments. It is intended that this task will not include any as -built survey services. If as - built survey services are required, they will be provided as Additional Service.
Prepare and provide city with GASB report following completion of construction.
Note: Prints/ Mylars shall be billed as a reimbursable expense.
SUBCONSULTANT SERVICES
11. Signing & Striping Plan ( TJKM)
Singing & Striping Plan
Meetings
12. Geotechnical Services ( ENGEO)
Geotechnical Consultation
Erosivity Wavier
13. Streetlight Design & Plans ( Giacalone)
Photometric Study
Construction Drawings, Bid Package, and Specifications
P: A25257\ AdminAcontract adminAproposals\ 25257- City of Lathrop - Stanford Crossing Extension - Design & Staking Services - Exhibit A
05.9. 2024)- revl .docx
357
Stanford Crossing Extension
Design & Staking Services
14. Landscape Design & Plans ( Sam flamed Landscape Architect) Concept Design Phase
Construction Document Phase
Construction Administration Services
CONSTRUCTION STAKING SERVICES
25257
Exhibit A
5/ 9/ 2024 (Revised 5/ 23/ 2024)
1. Construction Staking
A. Survey Control: From the previously established project control points, set survey control points for construction staking purposes.
B. Rough Grading/ Removal Limits: From the survey control points, set points as follows:
Pavement removal limits and conform grind limits for line only.
Curb and gutter for line and grade to facilitate rough grading.
C. Sanitary Sewers: Using previously set control points as reference, set the sewer stakes for line and grade.
D. Storm Drains and Catch Basin Laterals: Using previously set control points as reference, set the storm drain and catch basin lateral stakes for line and grade.
E. Water Mains and Fire Hydrants: Using previously set control points as reference, set the water main stakes for line and grade and set curb and gutter stakes for fire hydrant control.
F. Streetlights: Using previously set control points as reference, set stakes as requested for streetlights.
Note: it is assumed that no staking will be required for the streetlight trench, but it can be provided as an Additional Service if required.
G. Separated Sidewalk: Using previously set control points as reference, stake separated sidewalk for line and grade, and set driveway location stakes for line only.
H. Curb and Gutter and Curb Inlets: Using previously set control points as reference, set curb and gutter stakes for line and grade. Curb and gutter stakes will also be utilized for curb inlet construction.
I. Monuments: Using previously set control points as reference, set ties and punch street monuments, as indicated on parcel map. The disk for well monuments shall be stamped by the contractor with the appropriate LS number prior to being placed in the ground.
2. Extra/ Re- staking
Provide extra staking and/ or re -staking services as requested by Client.
P: A25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop -Stanford Crossing Extension -Design & Staking Services -Exhibit A
05.9. 2024) -rev l .docx
358
Stanford Crossing Extension
Design & Staking Services
25257
Exhibit A
5/ 9/ 2024 ( Revised 5/ 23/ 2024)
SCOPE QUALIFICATIONS
1. Survey Control:
If Client requests Consultant provide survey control data to Client' scontractor, such as for contractor - controlled GPS grading, or any other use, then Client, Client' scontractor and all other recipients agree to the following conditions of use:
Pursuant to the Professional Engineers Act and the Professional Land Surveyors Act, California Business and Professions Code 6700 et. Seq., and 8700 et. Seq., respectively, all survey work shall be performed by a Licensed Land Surveyor or Registered Civil Engineer or under the direction thereof. Recipients hereby agree to comply with said 6700 et. Seq. and 8700 et. Seq. Recipients further agree to comply with the California Code of Regulations, Title 16, Division 5, 400-76.
To be responsible for using data for recipient' sexclusive use and its intended purpose only.
Verifying the accuracy of data against hard copy documents that govern.
To indemnify and hold Consultant harmless from any inconsistencies and/ or discrepancies.
2. Construction Consultation & Staking:
This scope provides for construction consultation and construction staking services. Should a change occur wherein these services are performed by others, or not performed at all, Consultant shall not be held responsible for interpretation, errors or omissions in the plans which customarily become apparent and easily solvable during the course of construction. In addition, the Services performed by Consultant ( i.e., field staking calculations, field notes, survey control, etc.) in anticipation of performing construction staking services shall be invoiced and paid by Client.
If Client engages another engineering or surveying firm to provide construction staking services for the Project, then Client is responsible for the preparation of a Certificate of Correction to assume responsibility for setting monuments as shown on the Pinal Map.
The staking procedure utilized by Consultant follows normal construction progression, proceeding from one construction phase to another, always referencing stakes previously set. Should stakes which are needed as reference have to be replaced because they were removed or destroyed for any reason, then this replacement staking shall be paid for as Additional Service.
Client agrees that Consultant is not responsible for the construction means, methods, techniques, sequences, or procedures, or for the safety precautions or programs in connection with the construction work, nor is Consultant responsible for the acts or omissions of contractor or others performing the work or for the failure of such contractor to carry out the work in accord with the plans, specifications and other contract documents
3. Cost Estimates:
Consultant' sestimates of probable Construction Cost ( cost estimate) are to be made on the basis of experience and qualifications and represent Consultant' s best judgment as an experienced and qualified professional, familiar with the construction industry. However, since Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor' smethod of determining prices, or over competitive bidding or market conditions, Consultant cannot and does not guarantee that proposals, bids, or actual Construction Costs will not vary from the amounts estimated by Consultant. Consultant shall not be responsible for fluctuations as it is the responsibility of the Client to verify cost
P:\ 25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop - Stanford Crossing Extension - Design & Staking Services - Exhibit A
05.9. 2024)- revl. docx
359
Stanford Crossing Extension
Design & Staking Services
4. Electronic Media:
25257
Exhibit A
5/ 9/ 2024 (Revised 5/ 23/ 2024)
Consultant will transmit via email or other electronic means, copies of electronic files containing engineering data previously created by Consultant, to utility companies, subconsultants, Client' s other consultants and appropriate others on behalf of Client. Changes in content or format of the electronic files and/ or data, performed by Consultant, to accommodate a particular recipient shall be performed as Additional Services.
Electronic files and data prepared by Consultant are instruments of professional service and are the property of Consultant. Copies of electronic files sent via e-mail or other electronic means will be made available with the following understandings:
o The recipient shall use the electronic data for its stated purpose only. o The recipient shall preserve the electronic files and data as an original. o The recipient shall verify the accuracy of the electronic data against hard copy documents or PDF' s of the hard copy documents) which govern. It is the responsibility of the recipient to request hard copies ( PDF' s may be provided in lieu of hard copies). o The recipient shall assume all risk in changing, modifying, converting, or translating any of the electronic data.
o The recipient shall be responsible for checking the electronic files for any viruses and responding appropriately.
o The recipient shall not use the electronic data to locate boundary lines or improvements in the field unless the data is expressly prepared for this purpose. o The recipient shall use the electronic data under the supervision of an appropriate professional when required by law.
P:\ 25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop -Stanford Crossing Extension - Design & Staking Services - Exhibit A
05.9. 2024)- revl .docx
360
Stanford Crossing Extension
Design & Staking Services
EXHIBIT B (COMPENSATION)
25257
Exhibit B
5/9/ 2024 (Revised 5/ 23/ 2024)
To Agreement dated , 2024, between CITY OF LATHROP, A MUNICIPAL CORPORATION, hereinafter referred to as " Client", and MACKAY & SOMPS CIVIL ENGINEERS, INC., hereinafter referred to as Consultant".
Client agrees to pay compensation to Consultant for Services as follows:
DESIGN SERVICES
For Services contained in EXHIBIT A — DESIGN SERVICES, charges shall be as follows:
ITEM DESCRIPTION BUDGET BASIS
O 1 B Project Management, Meetings & Coordination Services 11, 000 TM 02B Aerial Topographic Survey & Aerial Photo 7, 000 TM
03B Supplemental Topographic Survey 5, 000 TM
04B Survey Basemap 3, 000 TM
05B Existing Utility Investigation 3, 000 TM
06B Preliminary Design 7, 000 TM
07B Parcel Map 6, 000 TM
08B Improvement Plans, Specifications, and Estimates 30, 000 TM 09B Construction Consultation Services 6, 000 TM
10B Record Drawings & GASB Report 4, 000 TM
Reimbursable Expenses 4, 000 TM
Subtotal 86, 000
SUBCONSULTANTS ( cost + 15%)
11B Signing & Striping Plan ( TJKM) 13, 800 TM
12B Geotechnical Services ( ENGEO) 21, 850 TM
13B Streetlight Design & Plans ( Giacalone) 17, 825 TM
14B Landscape Design & Plans ( Sam Harned Landscape Arch) 14, 950 TM Subtotal 68, 425
TOTAL 154, 425
Consultant will invoice Client monthly as services progress in accordance with the preceding schedule. Fees for partially completed services will be invoiced a prorata amount of the total as services progress. Budgets for time and materials items will not be exceeded without authorization.
P: A25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop -Stanford Crossing Extension - Design & Staking Services - Exhibit B
05.9. 2024)- revl .docx
361
Stanford Crossing Extension
Design & Staking Services
CONSTRUCTION STAKING SERVICES
25257
Exhibit B
5/ 9/ 2024 ( Revised 5/ 23/ 2024)
For Services contained in EXHIBIT A — CONSTRUCTION STAKING SERVICES, charges shall be as follows:
ITEM DESCRIPTION BUDGET BASIS
01C Construction Staking 36, 000 TM
02C Extra / Re - staking 4, 000 TM
TOTAL 40, 000
Consultant will invoice Client monthly as services progress in accordance with the preceding schedule. Fees for partially completed services will be invoiced a prorata amount of the total as services progress. Budgets for time and materials items will not be exceeded without authorization.
The foregoing schedule is provided to define a payment schedule only. The individual per lot amounts shown may not represent the precise value of each of the items listed. In the event of sale or abandonment of the project or termination of this agreement by Client, Consultant may be entitled to additional fees.
A. BACKCHARGES
a. It is hereby agreed that no subtraction of amounts from Consultant' sfees for alleged errors shall be made unilaterally by Client without consultation with Consultant' sOperations Manager. Any claim that Services are unacceptable shall be made to the Consultant' sOperations Manager within 30 days of the time Client discovers a potential backcharge situation, for resolution.
B. FEES AND FEE ADJUSTMENTS
a. Time and Material [ TM] charges shall be invoiced in accordance with the Hourly Rate Fee Schedule EXHIBIT C) which is subject to adjustment on April 1, 2025 and annually thereafter. b. Reimbursable expenses include the following: transportation and subsistence incidental thereto; delivery charges; toll telephone calls; reproduction ( printing or plotting) of reports, drawings, specifications, bidding documents, and similar project -related items. Charges for Reimbursable Expenses will be the project -related internal expenses actually incurred or allocated by Consultant plus all invoiced external Reimbursable Expenses allocable to the project, the latter multiplied by a factor of 1.5.
P: A25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop -Stanford Crossing Extension -Design & Staking Services - Exhibit B
05.9. 2024) -rev l .docx
362
Stanford Crossing Extension
Design & Staking Services
EXHIBIT C
25257
Exhibit C
5/ 9/ 2024
To Agreement dated , 2024, between CITY OF LATHROP, A MUNICIPAL CORPORATION, hereinafter referred to as " Client", and MACKAY & SOMPS CIVIL ENGINEERS, INC., hereinafter referred to as Consultant".
Hourly Rate Fee Schedule — Pleasanton Office
April 1, 2024 to March 31, 2025
Rates Subject to Annual Adjustment Beginning April 1, 2025 Professional and Office
Principal $ 322. 00 per hour
Associate Principal $ 300. 0 per hour
Engineering / Planning / Land Surveying Manager $ 290. 00 per hour Senior Project Engineer / Planner / Land Surveyor $ 272. 00 per hour Senior Engineer / Planner / Land Surveyor $ 252. 00 per hour Associate Engineer / Planner / Land Surveyor $ 222. 00 per hour Assistant Engineer / Planner / Land Surveyor $ 184. 00 per hour Junior Engineer / Planner / Land Surveyor $ 158. 00 per hour Field Work Supervisor $ 200. 00 per hour
Principal Technician $ 194. 00 per hour
Senior Technician $ 162. 00 per hour
Technician $ 136. 00 per hour
Administrative Assistant $ 118. 00 per hour
Clerical $ 96. 00 per hour
Office Assistant $ 74. 00 per hour
Field
1 Man Field Crew $ 206. 00 per hour
2 Man Field Crew $ 338. 00 per hour
3 Man Field Crew $ 424. 00 per hour
Other
Premium for Required Overtime Regular Hourly Rate Plus 25% Mileage Per IRS Standard Mileage Rate
Direct Costs and Outside Contract Services Cost Plus 15% P:\ 25257\ Admin\ contract admin\ proposals\ 25257- City of Lathrop -Stanford Crossing Extension - Design & Staking Services - Exhibit C
05.9. 2024). docx
363
APPENDIX
364
365
Sub - consultants
ENGEO
Geotechnicat
Engineering
SWPPP Services
Steve Harris, GE
Connor Dunn
CITY OF LATHROP
Brad Taylor, PE/ TE
MACKAY & SOMPS CIVIL ENGINEER, INC.
Project Management, Civil Engineering, Land Surveying
Chris Ragan, PE ( Principal)
Jeff Matson, PE ( Senior Engineer / Project Manager)
Ian MacDonald. LS ( Surveying Manager)
GIACALONE
Streetlight Design
Paul Giacatone
SAM HARNED
LANDSCAPE
ARCHITECT
Landscape Plans
Sam Harned
TJKM
Signing & Striping
Plans
Erik Bjorklund
366
St
nfo
Cr
ss
Exten
Sc
d
le
Q
6 A
Ju
214
Engineer
Servi
PRO
MANAGEME
AN
SURV
PRELIM ENG
INEERING
M
Mo
CONSTRUCT ADM
INISTRATIO
M
Pro jec
t:
DRAFT
De
sign
Schedule
Date:
Thu
5/ 9/ 2024
Task
Project
Summ
ary
Inacti
ve
Milestone
Duration -
only
Finish -
only
Split
External
Tasks -
r.
s - ?' .:
Sy
Inacti
Ma nul veMilestone Summary
Rollup •
External
Tasks
M
ilestone
ExternalMilestone • Inactiv
e
S
ummary , .. , , , .. , , , , Manual Summary •
External
Milestone
Summary ........
Inactive
Task
Ma
nual
Task
Start -
only
Progress Deadl
ne
DRAFT
Design
Sche dul (
05. 09. 2024). mpp
367
Li Sam Harned
Landscape Architecture
29 April 2024
MacKay and Somps Civil Engineers, Inc
Attn: Jeff Matson
5142 Franklin Drive, Suite B
Pleasanton, CA 94588
925) 225- 0690
Proposal for Professional Services
This Agreement, effective as of 29 April 2024, is between Client ( MACKAY AND SOMPS CIVIL ENGINEERS, INC) and Landscape Architect (Sam Harned Landscape Architect, "SHLA") for the following Project: STANFORD CROSSING ROAD EXTENSION in Lathrop, CA.
Project Understanding
SHLA is pleased to submit this proposal for landscape architectural design services for the landscape associated with the extension of Stanford Crossing Road in Lathrop, CA, per the RFP provided by the Client via e- mail on 18 April 2024. The RFP requests designs to continue Stanford Crossing Road from the current terminus at booster pump station # 6 northward to Dos Reis Road; this equates to approximately 1, 400 -If of road improvements. This area is part of the Central Lathrop Specific Plan ( CLSP) which includes cross sections for this stretch of road. The cross sections are of varying width ROW, but include a 40' curb -to -curb road section, 14' planter between curb and walkway/ trail, 8' trails on each side, and then landscaping to the edge of ROW. SHLA will provide streetscape planting and irrigation for these areas to conform to the CLSP, and will continue the landscape design of the completed sections of this road, unless otherwise directed.
SHLA will provide planting and irrigation design services for the landscape areas on the site, including any storm water facilities per the civil engineer' sdesign. This proposal includes conceptual and construction document phase services for use in meeting the City' s entitlement and building permitting processes.
Scope of Services
Landscape Architect will provide the following Basic Services:
1. Concept Design Phase
In this phase SHLA will prepare the conceptual design plan for review and approval by the City.
Plans will be developed to incorporate the owner' sproject goals and City requirements. Plans will be developed based on the previously prepared site plan.
SHLA will coordinate with the consultant team and owner as needed. Scope includes revisions based on City review comments.
SHLA will provide the following:
1.. Conceptual Landscape Plan
368
Overall site plan showing the design intent for the hardscape areas, site furnishing ( if included), and landscape design. This plan will include a proposed plant palette, required calculations ( landscape areas, shading, required trees), notes, and labels to describe the various elements of the design and as required by the City' ssubmittal requirements.
1. 2. Opinion of Probable Cost
SHLA will prepare an opinion of probable cost of construction for the various elements associated with our design and appropriate for this conceptual level of design.
1.3. Meetings
Scope includes one meeting at the Client' soffice, or on -site, as well as phone and computer - based conferencing.
2. Construction Document Phase
This task generally includes preparation of planting and irrigation documents suitable for use by the Client to submit to the City for building permitting. The plans will show specific sizes, locations, and details for our site design. We will assist the Client in filing the Construction Documents for approval by the City. It is our understanding that the Client will take the lead in compiling and submitting the overall Contract Documents for submittals associated with this phase. SHLA will coordinate with the consultant team and owner on the design. Scope includes revisions based on City review comments.
SHLA will provide the following:
2. 1. Planting Plan
Prepare a planting plan that shows the location, size, quantity and type of planting within the design and needed to meet City requirements. Prepare and provide any required notes and calculations. The design will be prepared to meet the City' s Water Efficient Landscape Ordinance ( WELO). Preparation of details for installation of design items.
2.. Irrigation Plan
Prepare an irrigation plan to provide adequate coverage for the planting plan. This will be a stand- alone system for the project, including new point of connection and meter, and will provide irrigation to the street frontage landscape as well as on -site planting areas. Prepare and provide any required notes and calculations. The design will be prepared to meet the City' sWater Efficient Landscape Ordinance ( WELO). Preparation of details for installation of design items.
2. 3. Specifications
Prepare specifications covering SHLA design elements. Specifications will be CSI 3 - part format and provided either on SHLA drawings or as separate sections to be included in an overall booklet, as required.
2. 4. Opinion of Probable Cost
SHLA will update our conceptual opinion of probable costs to reflect SHLA design items of this phase.
2. 5. Meetings
Scope includes one meeting at the Client' soffice as well as phone and computer - based conferencing.
3. Bid and Construction Administration Services
This task generally includes typical bidding and construction administration services such as assistance in the selection of a landscape contractor, submittal review, review and respond to contractor RFI' s, and general coordination with Client and contractor during the construction Sam Harped Landscape Architect
P. O. Box 2275 Oakdale, CA
369
95361 CLA # 4881 harnedla. com
process. SHLA' srole is to provide assistance and not active construction management. We will bill on a Time and Materials basis and have provided an allowance that is generally sufficient to cover the scope of construction administration services we anticipate for this project.
SHLA will provide the following:
3. 1. Document Review
Review required contractor submittals, such as shop drawings and samples, to determine if they conform to the Landscape Architect' svisual and aesthetic design intent. Review RFI' s and issue ASI or revisions, as needed. Budget: 10 hours.
3. 2. Site Visits
Participate in one (1) Project site visit at the completion of the construction to review that the installation is generally consistent with the intent of SHLA' sConstruction Documents. Includes provision of punch list. We are available for additional site visits during this phase as requested by the Client or owner. Budget: 8 hours.
Although Landscape Architect may observe and discuss potential problems, these visits are not construction inspections or a guarantee that there will not be construction deficiencies.
Excluded Services are not a part of Landscape Architect' sBasic or Additional Services and are the responsibility of others. Excluded Services include, but are not limited to, the following:
vehicular paving design; structural engineering; grading and drainage ( except as otherwise described above); civil engineering or surveying; color or 3D renderings; site lighting; soil testing; arborist services or reports; irrigation audit; signage; submittal to or preparation of documents for submittal to Caltrans, Fish and Game, or US Corps of Engineers (if different than as described in the Scope of Services); attendance at civic meetings ( e.g. — City Council, Planning Commission); payment of permitting or processing fees.
Compensation
Basic Services:
1. Concept Design Phase
2. Construction Document Phase
3. Construction Administration Services ( T&M; allowance) 3, 500. 0
7, 000.
2, 500. 0
Time & Materials tasks will be billed on actual hours incurred at the landscape architect' s established hourly rate.
Reimbursable Expenses are subject to a multiple of 1.5 and include, but are not limited to:
reproduction, postage, delivery and handling of documents; long distance and facsimile charges; authorized travel; and Client requested renderings and models. All internally printed or plotted documents will be billed at Landscape Architect' s established rates.
Landscape Architect shall bill Client for Basic and Additional Services and Reimbursable Expenses once a month or at the completion of milestones as established above. All payments are due Landscape Architect upon receipt of invoice. An amount equal to 1.5% per month will be charged on all amounts due more than 60 days after the date of invoice.
Sam Harped Landscape Architect
P. O. Box 2275 Oakdale, CA
370
95361 CLA # 4881 harnedla. com
Contract Terms and Conditions
The attached Exhibit 1-A is incorporated herein by reference.
We are pleased to submit this agreement for professional services and are ready to begin working with you upon receipt of a signed copy of this agreement.
AGREEMENT INITIATED BY:
Sam Harned Landscape Architect
Sam Harned, ASLA
Landscape Architect
CLA 4881
m&s-tandford crossing road extension- shla landscape
proposal. docx
AGREEMENT ACCEPTED AND AUTHORIZATION TO PROCEED BY CLIENT
MACKAY AND SOMPS CIVIL ENGINEERS,
INC.
Authorized Signature Date
Printed Name Title
Client' sContact Information
Mailing address for invoices
and notices if different than
first stated above
Accounts Payable Phone
No.:
Sam Harned Landscape Architect
P. O. Box 2275 Oakdale, CA 95361 CLA # 4881 harnedla. com 371
EXHIBIT 1-A
AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT
The following are the terms and conditions under which Sam Harned Landscape Architect agrees to provide professional design services to Client. This Exhibit is intended to supplement the Agreement to which it is attached, and together with any other exhibits shall comprise the " Agreement". Capitalized terms no defined herein shall have the meaning ascribed to them in the Agreement.
Article 1 - Landscape Architect' sBasic and Additional Services A. As described in the Scope of Services attached with this Agreement.
B. Landscape Architect agrees to provide its professional services in accordance with the skill and care ordinarily employed by similarly - situated professionals performing similar services for similar projects in the same vicinity.
Article 2 - Client' s Responsibilities
A. Client agrees to provide Landscape Architect with all information, surveys, reports, and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items.
B. Client shall furnish the services of the following consultants: structural engineer; civil engineer; electrical engineer; mechanical engineer; geotechnical consultant; architect; soils consultant; arborist; pool consultant.
C. Client agrees to advise Landscape Architect of any known or suspected contaminants at the Project site. Client shall be solely responsible for all subsurface soil conditions.
D. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project.
E. Client agrees to provide the items described in Article 2. Aand to render decisions in a timely manner
so as not to delay the orderly and sequential progress of Landscape Architect' sservices.
Article 3 - Estimated Schedule, Project Budget, and Opinion of Probable Costs A. Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule.
B. As of the date of this Agreement, Client' s Project budget and construction budget are unknown. Client agrees to promptly notify Landscape Architect if Client' s schedule or budget changes. Client acknowledges that significant changes to the Project or construction schedule or budget, or to the Project' sscope may require Additional Services of Landscape Architect.
C. Any evaluation of Client' s
budget for the Project, preliminary estimates or updated estimates of probable cost prepared by SHLA represent SHLA' s
opinion as an experienced and qualified professional
generally familiar with the industry. It is recognized, however, that neither SHLA nor Client has control over the cost of labor, materials, equipment, or services provided by others or over competitive bidding, market, or negotiating conditions. Accordingly, SHLA cannot and does not warrant or represent that bids or negotiated prices will not vary from Client' s
budget for the Project or any estimate or evaluation
prepared or agreed to by SHLA.
Article 4 - Compensation and Payments
A. Client agrees to pay Landscape Architect as described in the Proposal for Professional Services.
Sam Harped Landscape Architect
P. O. Box 2275 Oakdale, CA
372
95361 CLA # 4881 harnedla. com
Article 5 - Termination
A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice.
B. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination.
C. Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred.
Landscape Architect shall have no liability because of such suspension of services or termination due to Client' s
nonpayment.
Article 6 - Dispute Resolution
A. Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation, which shall be the method of binding dispute resolution. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally.
Article 7 - Use and Ownership of Landscape Architect' sDocuments A. Upon the parties signing this Agreement, Landscape Architect grants Client a nonexclusive license to use Landscape Architect' sdocuments as described in this Agreement, provided Client performs in accordance with the terms of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepared by Landscape Architect, including but not limited to, drawings and specifications, are the property of Landscape Architect. These documents shall not be reused on other projects without Landscape Architect' s written permission. Landscape Architect retains all rights, including copyrights, in its documents. Client shall not use, and shall not engage others to use Landscape Architect' sdocuments to complete this Project with others unless Landscape Architect is found to have materially breached this Agreement. Client shall defend, indemnify, and hold harmless Landscape Architect for any claims, damages, or losses arising out of Client' sreuse, modification, or transfer of Landscape Architect' sdocuments.
Article 8 - Miscellaneous Provisions
A. This Agreement is governed by the law of California, and proper venue for any litigation arising out of or related to this Agreement shall be in Stanislaus County, California.
B This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect.
C. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid.
D. Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other.
E. Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for another parties' errors or omissions or for Sam Harped Landscape Architect
P. O. Box 2275 Oakdale, CA
373
95361 CLA # 4881 harnedla. com
another parties' failure to complete their work or services in accordance with Landscape Architect' s documents.
F. Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/ or this Agreement, except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be solely caused by Landscape Architect' snegligent errors or omissions.
G. Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. Landscape Architect' swaiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against Landscape Architect for claims, disputes or other matters in question arising out of or relating to the Project. Landscape Architect' sliability arising out of or related to the Project shall be limited to its fee amount.
H. To the extent damages are covered by property insurance during construction, Client and Landscape Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or Landscape Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph.
I. Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as, but not limited to, the design elements derived from the Scope of Services may result in damage to property or persons. Client further acknowledges and agrees that, as between the parties to this Agreement, Client is solely responsible for the results of any lack of or improper maintenance.
J. We are not responsible for liner, waterproofing, drainage from roof, weigh load bearing issues, maintenance, safety, and means and/ or methods of the contractor installing our work.
K. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party.
L. If this Agreement is not signed and returned to Landscape Architect within 45 days, the offer to perform the described services may, in Landscape Architect' ssole discretion, be withdrawn and be null and void.
M. Landscape Architect is licensed by the State of California.
LANDSCAPE ARCHITECT
Date: 29 April 2024
CLA No 4881
Renewal Date 12/ 31/ 2024
CLIENT
Date:
Sam Harped Landscape Architect
P. O. Box 2275 Oakdale, CA
374
95361 CLA # 4881 harnedla. com
GIACALONE
DESIGN SERVICES, INC.
City of Lathrop PWD
390 Towne Centre Drive
Lathrop, California 95330
Attn: Brad Taylor, PETE, City Engineer
Re: Stanford Crossing Extension Project, Lathrop
Direct 209 941- 7438
E- mail btavloraci. lathrop. ca. us
Giacalone Design is pleased to submit our proposal for the Public Street Light design and related Consulting Services for the above mentioned project. Based on our knowledge of the project we would suggest the scope of work presented below:
This proposal is based on the following information:
a. Provide 22001F of lighting design along Stanford Crossing Road from Lathrop Road to Dos Reis Road. b. Assumes the pervious Street light service point established on original job will be utilized. Does not include any service designs for new street light service points.
Extensive coordination will be necessary with all utilities, City of Lathrop, Civil Engineer and the Client for the placement of new dry utilities. Based on the information provided to GDSI, experience with the utility companies and previous projects in the City of Lathrop , GDSI proposes the scope of work presented below.
Task # 1 - Job Start Up
a. Billing folder and Job folder creation
b. Send out requests to design team for plan sets and AutoCAD files c. Coordinate with Client to prepare an " Application for Service" and submit signed original to PG& E. The application is to include electric and gas load information provided by the Client' s project electrical and plumbing consultants
d. Preliminary investigation - field visit
e. Request mapping documents from all utility companies f. Obtain record documents and establish the location and availability of existing utilities from information available at the various utility companies and a site visit to review the visible surface features g. Submit preliminary project plans ( including, improvement plans; grading plans; tract map; architectural plans; mechanical, electrical and plumbing plans) to the participating utility companies Task # 2 - Provide Photometric study
a. Determine light locations based on IESNA and/ orCity standards b. Provide Photometric studies to determine light locations ( only includes initial ( 2) photometric study & ( 2) revision; and only includes 2 rounds of comments from the local agency)
c. Provide drawings to project team consultants for coordination purposes and to participate in the cooperative design effort to resolve potential design conflicts
8080 Santa Teresa Blvd, Suite 240 Gilroy, CA 95020
5820 Stonendge Mall Rd., Suite 345 Pleasanton, California 94588 555 Mason St, Suite 150 Vacaville, CA 95688
t 925. 467 1740 ! www. giacalonedesign_ com
UTILITY CONSULTING & FORWARD PLANNING
JOINT TRENCH COMPOSITES + GAS & ELECTRIC DESIGN + STREET 375 LIGHT DESIGN J DRY UTILITY BUDGETS 1 of4
GIACALONE
KMDESIGN SERVICES, INC.
Task # 3 - Provide Construction Drawings
a. Conduit size and routing
b. Conductor size and quantities
c. Pull box locations
d. Light locations
e. Service points
f. Conduit locations relative to curb and gutter
Task # 4 - Provide detail sheet
a. Pole detail
b. Light detail
c. Base detail
d. Box details
e. Fusing detail
f. Bolt patterns
g. Luminaire schedule
h. Conduit schedule
i. Construction notes
j. Budgets will be broken out to reflect project phasing k. Address comments from design team and City
1. Obtain approval from design team and City
Task # 5 - Coordinate with PG& E to determine Service Point a. Set up meetings as necessary
b. On going coordination with representative
Task # 6 - Coordinate with all other design team members to develop Complete drawings a. Set up meetings as necessary
b. On going coordination with representative
Task # 7 - Prepare Bid Package and Specifications
Will include itemized quantities of material being installed for all utility systems associated dry utility plan. Bid document a.
consist of+/- 8 pages as well as a summary page
b. The bid package will include PG& E Electric Relocation ( if applicable) and Street Lighting plans Task # 8 - Schedule and attend a Pre -Construction Meeting a. Coordinate and attend a
pre -construction meeting with Client, dry utility providers, trenching agent and survey crew prior to the start ofjoint trench construction; Provide current utility drawings to attendees as required; Consultant will conduct meeting, taking notes of dates and comments on a check -off list and provide a copy to Client and those requesting
Task # 9 -Design Team Meetings and Utility Meetings - T&Msee Rate Sheet a. Consultant will attend all Client - requested meetings ( i.e. design team meetings, field meetings, utility meetings, etc.) b. All meetings will be billed on a Time and Materials ( T&M) basis per the attached Rate Sheet c. If additional and/ or weekly meetings are required beyond the initial allocated budget, a Change Order will be issued to cover the additional T&M cost for a Not -to -Exceed ( NTE) amount per the attached Rate Sheet 8080 Santa Teresa Blvd, Suite 240 Gilroy, CA 95020
5820 Stoneridge Mall Rd., Suite 345 Pleasanton, California 94588 555 Mason St, Suite 150 Vacaville, CA 95688
t 925. 467. 1740 www. giacalonedesign. com
UTILITY CONSULTING & FORWARD PLANNING
JOINT TRENCH COMPOSITES + GAS & ELECTRIC DESIGN t STREET 376 LIGHT DESIGN t DRY UTILITY BUDGETS 2 of 4 ii GIACALONE
IrffiDESIGN SERVICES, INC.
Payment & Terms:
a. Services performed on a Fixed Fee basis as designated below shall be invoiced based upon the percentage of the services completed during the invoiced billing period.
b. Payments are due and payable by Client within seven ( 7) days of receipt of funds from Owner/ Developer OR sixty (60) days from the date of the GDSI invoice, whichever is sooner. c. On July 1 and December 31 of each calendar year, below fees and the Charge Rate Schedule will be subject to an automatic increase to cover wage adjustments for field and office personnel and other costs.
Professional Service Fixed Fees are as follows:
Task # 1 - Job Start Up $ 2, 000.
Task # 2 - Provide Photometric study $ 1, 000.
Task # 3 - Provide Construction Drawings $ 5, 000.
Task # 4 - Provide detail sheet $ 3, 000.
Task # 5 - Coordinate with PG& Eto determine Service Point Not Included Task # 6 - Coordinate with all other design team members to develop Complete drawings $ 2, 000.
Task # 7 - Prepare Bid Package and Specifications $ 1, 000.
Task # 8 - Schedule and attend a Pre -Construction Meeting $ 500. 00 Task # 9 - Design Team Meetings and Utility Meetings - T&M see Rate Sheet $ 1, 000.
Total Base Bid: $ 15, 500. 0
Reimbursable Expenses: NTE $2, 000.
a. Mail and Delivery Costs : Cost plus 10%
b. Plan Reproduction Costs: In -House Printing $ 2. 00 per page; Outsourced Printing Cost plus 10% c. FTP Website Management Fees: $ 120 per hour (minimum 1 hour fee) d. Other Job Related Costs ( Fees charged by public agencies to obtain information on existing facilities, fees for additional insurance fees for advanced to public agencies and any other fees incurred per clients request): Cost 8080 Santa Teresa Blvd, Suite 240 Gilroy, CA 95020
5820 Stoneridge Mall Rd., Suite 345 I Pleasanton, California 94588 555 Mason St, Suite 150 Vacaville, CA 95688
t 925. 467. 1740 www. giacalonedesign. com
UTILITY CONSULTING & FORWARD PLANNING
JOINT TRENCH COMPOSITES * GAS & ELECTRIC DESIGN * STREET 377 LIGHT DESIGN * DRY UTILITY BUDGETS 3 of 4
GIACALONE
IMDESIGN SERVICES, INC.
For our preliminary Utility investigation, the Client shall provide the following:
a. Preliminary Plan and/ ortentative map
b. Executed PG& E Application for Service
c. Preliminary improvement plans
d. Preliminary grading plans
e. Preliminary development plan with meter locations
f. Preliminary architectural plans ( including electrical and mechanical plans if available) g. Geotechnical report
h. AutoCAD Files
Additional Exclusions:
Revisions to plans based on change in product type and/ or changes to approved Civil Plans Property acquisitions ( right of ways, easements, etc.) Temporary service for construction trailer and/ or model homes, unless specified in Scope of Work Parking Lot, Bollard, Pathway or Tree Up Lighting Designs; Lighting beyond property frontage; Title 24 Calculations; or Design associated with CalTrans Lighting
Any work to off -site facilities other than those listed in Scope of Work Field supervision, construction forces, or installation Revisions for Asbuilts/ recorddrawings unless specified in Scope of Work Client will pay all Utility application & contract fees Permit application or acquisitions
Review of project submittals
Any relocation of existing underground facilities, unless listed in Scope of Work Task Management Software ( i.e. Procore, Pull Planning, Lean Planning Sessions, etc.) Utility surveying or mark and locate. It is up to the developer consultant to provide GDSI with the line work of all existing utilities. GDSI will not guarantee that there will not be any conflicts with existing utilities with out this information Any plan sets beyond 2nd City submittal will be billed as an additional charge on a T&Mbasis.
Qualifications:
Project to be designed in one ( 1) phase
This proposal assumes GDSI will be working with a Design Team consisting of only One ( 1) Civil Engineer, 1 Architect, 1 M. E. P., and 1 Landscape Architect on the aforementioned project Ifat any time, the project is put on hold and remains inactive for a period of3-6 months or longer, GDSI reserves the right to close out the project and remove itfrom GDSI' sactive jobs list. If or when the project becomes active again, GDSI willprovide a new proposal at that time.
This proposal is valid for 60 days from the date of this proposal. If the proposal is not signed and executed within the 60 -day time period, a new proposal will need to be issued.
Sincerely.
Paul (; iacalone
Accepted bv:
Signature Date
8080 Santa Teresa Blvd., Suite 240 i Gilroy, CA 95020
5820 Stoneridge Mall Rd, Suite 345 Pleasanton, California 94588 555 Mason St., Suite 150 Vacaville, CA 95688
t 925. 467. 1740 www. giacalonedesign. com
UTILITY CONSULTING & FORWARD PLANNING
JOINT TRENCH COMPOSITES + GAS & ELECTRIC DESIGN + STREET 378 LIGHT DESIGN + DRY UTILITY BUDGETS 4 of 4 April 29, 2024
TJKMVISION THAT MOVES YOUR COMMUNITY
Mr. Chris Ragan
MacKay & Somps
5142 Franklin Drive, Suite B
Pleasanton, CA 94588
PH: (925) 225- 0690
FX: (925) 227- 0698
Email: cragan@msce. com
Subject: Proposal for Traffic Design Services for Stanford Crossing Extension Project in the city of Lathrop
Dear Chris,
Thank you for the opportunity to provide you a scope and fee for Signing and Striping segment at the above referenced location. The plans will be prepared in coordination with civil improvements plans being prepared by MacKay & Somps. Following is the proposed scope and fee based on our emails and conversations.
TJKM has broken the effort into one main task:
1. Preparation of Signing and Striping Plans and Estimate & Meetings TASK 1 - PREPARATION OF SIGNING AND STRIPING PLANS AND ESTIMATES & MEETINGS TJKM will use the AutoCAD master base file prepared by MacKay & Somps and prepare 1"= 40' scale signing and striping plans in AutoCAD format for the Stanford Crossing Extension Project. The design plans will include all signing and striping required by the City of Lathrop. TJKM will design all the required Signing and Striping Plans for this Extension Project. TJKM anticipates approximately 2200' of Signing and Striping and this budget will include two meetings with the City and a site visit with City Staff. It also includes all field work required to obtain all existing striping and signs to conform from new to existing roadway.
PS& E DELIVERABLES
We have assumed 3 rounds of review at the 65%, 95%, and Final check stages with the City. For each round of review, we will prepare a response to comments matrix addressing the comments from the previous round.
www. TJKM. com
PLEASANTON SAN JOSE SANTA ROSA OAKLAND SACRAMENTO FRESNO Corporate Office: 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 Phone: 925. 463. 0611 Fax: 925. 463. 3690 Email: tjkm@TJKM. com DBE # 40772 SBE # 38780
379
TJKM VISION THAT MOVES YOUR COMMUNITY
TJKM will also prepare an opinion of probable construction cost at each review round in MS Excel format.
Deliverable: Electronic (. pdf) of the plans, response to comments matrix, opinion of probable construction cost in MS Excel format to insert into their master specification document for review by the City.
BUDGET
Task Total
1. Preparation of Signing and Striping Plans and
Estimates & Meetings
12, 000
TOTAL Not to Exceed Amount 12, 000
The above scope of service is based on our experience with similar traffic design projects. The designs will be in accordance with the City of Lathrop standards, California MUTCD guidelines, and Caltrans standard plans and specifications. We will bill monthly on a percent -complete basis.
TJKM will work as expeditiously as possible to meet your schedule for the project. We are prepared to begin work upon receipt of your notice to proceed and the AutoCAD civil base electronic file.
If you have any questions or require additional information regarding our scope or budget, please contact me at (925) 264- 5015, or ebjorklund@tjkm. com
Sincerely,
Erik Bjorklund
Project Manager Chris Ragan Date
L:\ CITIES\ Lathrop\ Proposals\ P04- 29-024 Stanford Crossing Extension Project SS. docx 380
381
City of Lathrop
Stanford Crossing Extension
PROPOSAL FOR GEOTECHNICAL AND SWPPP SERVICES
SCOPE OF SERVICES
P5747. 018.01
May 1, 2024
Revised May 7, 2024
We propose the following scope of services based on our experience and discussions with Mackay & Somps.
Task 001 — Geotechnical Consultation
We propose to provide geotechnical consultation services through the design stage including pavement design recommendations, reviewing grading and improvement plans, and other ongoing consultation services, as necessary. We propose to provide geotechnical consultation services on a time -and -expense basis.
Task 002 — Erosivity Waiver
Based on our review of the provided information, we understand that the project will consist of less than 5 acres of ground disturbance and occur over one summer season, estimated May to October. Based on the estimated disturbance area and schedule, we conducted a preliminary risk level assessment and found the project is eligible for a Small Construction Rainfall Erosivity Waiver. The Small Construction Rainfall Erosivity Waiver which would exempt the project from requiring a Stormwater Pollution Prevention Plan ( SWPPP) and coverage under the Construction General Permit ( CGP), Order No. WQ 2022- 0057- DWQ.
In accordance with the Small Construction Rainfall Erosivity Waiver requirements, we will prepare an erosivity waiver letter to submit through the State Water Resources Control Board' s SWRCB' s) Stormwater Multiple Application and Report Tracking System ( SMARTS). Our letter will include EPA Rainfall Erosivity calculations.
Additional fees to be paid directly to the State Water Resources Control Board for the permit application and annual fees during permit coverage are not included in our fee estimate. If actual project construction is longer, or begins later than the estimated schedule, the project may no longer be exempt from coverage under the CGP, and an update to our proposal and fee will be required.
ESTIMATED FEE
We propose to provide the above services for a total fee of $19, 000, as itemized in Table 1 below.
TABLE 1: Summary of Proposed Fees
SCOPE OF SERVICES PROPOSED FEE FEE TYPE*
Task 001: Geotechnical Consultation 15, 000 T&E
Task 002: Erosivity Waiver 4, 000 LS
TOTAL 19, 000
LS = lump sum, T&E = time -and -expense
Any requested contract changes would need to be approved in writing before we proceed.
Additional services requested by you that are not outlined in this agreement, such as attendance at project meetings and preparation of draft reports, will be charged on a time -and -expense basis in accordance with our current fee schedule. Please let us know if you would like us to provide an estimate for any additional services.
382
City of Lathrop
Stanford Crossing Extension
PROPOSAL FOR GEOTECHNICAL AND SWPPP SERVICES
AUTHORIZATION
P5747. 018.01
May 1, 2024
Revised May 7, 2024
ENGEO' sliability for damage due to professional negligence, acts, errors, omissions, breach of contract and consequential damages will be limited by Client to an amount not to exceed an aggregate limit of fifty thousand dollars or ENGEO' sfee, whichever is greater, regardless of the legal theory under which such liability is imposed.
If the above scope of services and fee are acceptable, please issue an addendum to our Master Services Agreement as our formal authorization to proceed.
We look forward to serving you on this project. If you have any questions or comments regarding this proposal, please call and we will be glad to discuss them with you.
Sincerely,
ENGEO Incorporated
Connor Dunn
Project Engineer
cd/ vkd/ sdh/ cb
Steve Harris, GE
Principal
383
PAGE LEFT
INTENTIONALLY
BLANK
384
ITEM 4. 19
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH WGR SOUTHWEST, INC. TO
PROVIDE SMALL CONSTRUCTION PROJECT
INSPECTION SUPPORT FOR THE CITY' SSTORM
WATER DISCHARGE PERMIT SD 24-1
Adopt a Resolution Approving a Professional
Services Agreement with WGR Southwest, Inc.,
to Provide Small Construction Project
Inspection Support for the Phase II Small MS4
Storm Water Discharge Permit Regulatory
Compliance Program SD 24-1
SUMMARY:
Approval of a professional services agreement with WGR Southwest, Inc. (WGR) is requested to provide small construction project inspection support services for the City of Lathrop ( City) Small Phase II Municipal Separate Storm Sewer System ( MS4) regulatory compliance program SD 24-1. The cost of the agreement is $ 96, 276 and is to be paid from the storm water inspection fees collected during the building permit process.
BACKGROUND:
The current Phase II Small MS4 General Permit was adopted by the State Water Resources Control Board on February 5, 2013 and became effective on July 1, 2013.
The permit requirements include inspection of small construction projects, (defined as projects with less than one acre of soil disturbance) that are required to submit project specific Erosion and Sediment Control Plans ( ESCPs) for the City to review. The City is also required to maintain an inventory of all the small construction projects.
Until recently, WGR has provided the City with comprehensive storm water permit compliance support services, which today are now mostly administered by Public Works staff with the exception of the small construction project inspections. At the request of staff, WGR has provided a proposal to provide small construction project inspection support services from July 1 2024 through June 30, 2027. The cost for these services is estimated to be $ 96, 276 based on the current volume of small construction projects.
REASON FOR RECOMMENDATION:
Approval of the agreement with WGR will allow the City to remain in compliance with the Phase II Small MS4 General Permit for small construction project inspections. 385
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WGR
SOUTHWEST, INC. TO PROVIDE SMALL CONSTRUCTION PROJECT INSPECTION SUPPORT FOR THE CITY' SSTORM WATER DISCHARGE PERMIT SD 24-1 FISCAL IMPACT:
Sufficient funds were allocated to SD 24-1 in the adopted Fiscal Year 2024/5budget for the Storm Water Discharge Permit; therefore, no budget amendment is necessary.
ATTACHMENTS:
A. Resolution Approving a Professional Services Agreement with WGR Southwest, Inc., to Provide Small Construction Project Inspection Support for the Phase II MS4 Storm Water Discharge Permit SD 24-1
B. Professional Services Agreement with WGR Southwest, Inc. to Provide Small Construction Project Inspection Support for the Phase II MS4 Storm Water Discharge Permit Regulatory Compliance Program SD 24-1
386
CITY MANAGER' SREPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WGR
SOUTHWEST, INC. TO PROVIDE SMALL CONSTRUCTION PROJECT INSPECTION SUPPORT FOR THE CITY' SSTORM WATER DISCHARGE PERMIT SD 24-1 APPROVALS:
Bellal N zadah Date
Assistant Engineer
Brad ylor
City ngineer
Ca iFT" e
Finance D ector
Date
6/ Li/ zoo
W6/ 3ingf
Date
Michael King Date
Assistant City Manger
Salvador Navarrete
City Attorney
6y -2o -
Date
Stephen J. Salvatore Date
City Manager
387
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WGR
SOUTHWEST, INC. TO PROVIDE SMALL CONSTRUCTION PROJECT
INSPECTION SUPPORT SERVICES FOR THE PHASE II SMALL MS4 STORM WATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM SD 24- 21 WHEREAS, the current Phase II Small MS4 General Permit for storm water discharge was adopted by the State Water Resources Control Board ( SWRCB) on February 5, 2013 and became effective on July 1, 2013; and WHEREAS, the permit requirements include inspection of small construction projects ( defined as projects with less than one acre of soil disturbance) that are required under the permit to submit Erosion and Sediment Control Plans ( ESCPs) for review; and
WHEREAS, until recently, WGR has provided the City with comprehensive storm water permit compliance support services, which are now mostly administered by Public Works staff with the exception of the small construction project inspections; and
WHEREAS, at the request of staff, WGR has provided a proposal to provide small construction project inspection support services from July 1, 2024 through June 30, 2027 for an estimated cost of $ 96, 276 based on the current volume of small construction projects; and
WHEREAS, sufficient funds were allocated to SD 24-1 in the adopted Fiscal Year 2024/5 budget for the Storm Water Discharge Permit; therefore, no budget amendment is necessary.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a professional services agreement with WGR to provide small construction inspection support services for the Phase II Small MS4 General Permit for a cost not to exceed $ 96, 276 to be paid on an hourly basis from funds collected by the City for storm water inspection fees and allocated to the City' s Storm
Water Discharge Permit Regulatory Compliance Program SD 24-1. 388
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 389
ATTACHMENT
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH WGR SOUTHWEST, INC.
TO PROVIDE SMALL CONSTRUCTION PROJECT INSPECTION SUPPORT FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
THIS AGREEMENT, dated for convenience this 10TH day of June, 2024 is by and between WGR Southwest, Inc. ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Consulting Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 96, 276, for the Professional Consulting Services set forth as described in Exhibit "A". CONSULTANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit "A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' sauthorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
390
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
3) Effective Date and Term
The effective date of this Agreement is July 1, 2024, and it shall terminate no later than June 30, 2027.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit "A" to City' ssatisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billings
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' Sbills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Auditing
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation
391
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE 11 SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
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' scapabilities 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: Danny Aspiras, Municipal Programs Manager & Compliance Specialist. 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' s sole discretion, and shall be notified by CONSULTANT of any changes of CONSULTANT' sproject staff prior to any change.
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 9) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT.
Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' Sauthorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections (a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with
392
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
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.
393
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE 11 SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
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) 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
394
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE 11 SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
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:
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
395
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
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. 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.
396
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
To City:
Copy to:
To Consultant:
17) Miscellaneous
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
WGR Southwest, Inc.
11780 N. Hwy 99
Lodi, CA 95240
Phone: (209) 334- 5363 ext. 115
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.
397
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
i)
i)
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, 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.
398
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
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. 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.
399
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved by:
Resolution No.:
Consultant:
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
WGR Southwest, Inc.
11780 N. Hwy 99
Lodi, CA 95240
Fed ID # 33- 0717621
Business License # 20074
Signature Date
Print Name and Title
400
EXHIBIT A
Not }
WGR bur T) ptcai Consultant
May 28th, 2024
Mr. Gregory W. Gibson
City of Lathrop
390 Towne Center Dr.
Lathrop, CA 95330
RE: E. 10. cSmall Construction Project Inspection
Dear Mr. Gibson,
WGR Southwest, Inc. (WGR) is pleased to bring you this proposal to provide support for the City' s Phase II MS4 Storm Water Program tasks. Specifically, the City has requested support for inspecting small Erosion and Sediment Control Plan ( ESCP) projects for Building Permits, provide additional support as needed to coordinate inspections, update construction inventories, and assist in noncompliance matters.
E. 10. c Small Construction Project Inspection Support:
WGR proposes a unit -cost of $155/ inspection to perform pre -construction, post -construction, and follow- upinspections required by the Phase II MS4 Permit at small (< 1 acre of soil disturbance) construction projects. The number of inspections ( presented in Attachment A) are estimated based on the level of supported indicated by the City and current volume of active small construction projects.
Under the " Additional Support" category, we estimate a maximum of two hours a week at an hourly staff rate of $131/ hour to provide support for updating the construction inventory and coordinating inspections with applicants and staff as needed.
Please see Attachment A for the cost estimate.
We thank you for this additional opportunity to serve you. If I can answer any questions concerning our proposal or the permit requirements, please do not hesitate to call me or to schedule a meeting to discuss the proposed scope of work.
Respectfully,
WGR Southwest, Inc.
Danny Aspiras,
Municipal Programs Manager &
Compliance Specialist
WGR Southwest, Inc.
11780 N. Hwy 99 Lodi, CA 95240• (209) 334- 5363 ext. 115 • daspiras@wgr- sw. com 401
Estima Inc
of
Con
structio Pro
Suppo
ECons truc
Suppo
Ju
Insuection an
C ons truction
pro
a
Buldlin
Pre
ConstructionCon struction in
re
conside re
figu rebe
96, 276
FollouConstru ction Inspe
r
m
and
may
incre
ase or
decrease
durinea
g
mon
ch
th
depending on
how
many
failed
inspections
occur
during
a
month) Fo
u
Inspection
@
in
3 2
A
dditional
Support
fo
r
Meetings,
In
Scheduling
spectio
or
ns,
CoUpdating nstructio Invn
entory
8 Hours moper
nth for
12 Months
@
131
Hour
12, 576
A
nnualTotal
Estimated
Cost:
C
osts
reimbu
rsed
to
the
City
by
dev elo pe
r
fee
s.
Numbe
r
of
pro je
cts
e
stimated.
96, 276
402
ITEM 4. 20
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 1 WITH ENGEO, INC. FOR
CONSTRUCTION ENGINEERING SERVICES FOR CIP
WW 22- 38, CTF PHASE 3 EXPANSION
RECOMMENDATION: Adopt Resolution Approving Task Order No. 1 with ENGEO Inc. for Construction Engineering Services for
CIP WW 22- 38 CTF Phase 3 Expansion
SUMMARY:
The Consolidated Treatment Facility ( CTF) Phase 3 Expansion, Capital Improvement Project ( CIP) WW 22- 38 (Project) design phase is concluding; therefore, construction engineering services for testing, observation and inspection will soon be needed to support the Project' s upcoming construction. Therefore, City staff requested and received from ENGEO, Inc. (ENGEO) a proposal for the provision of these services.
ENGEO' s price for the subject services is not to exceed $ 226, 600, and the services are expected to be utilized from July 1, 2024 to June 30, 2026.
Staff requests Council approve Task Order No. 1 with ENGEO in the amount of 226, 600 plus a 15% contingency of $ 34, 000 for a total cost not to exceed $ 260, 60.
Sufficient funds for these services will be allocated to CIP WW 22- 38 in the adopted Fiscal Year 2024/5budget; therefore, no budget amendment is needed.
BACKGROUND:
The Project will increase the City' s
wastewater treatment capacity approximately
80%, and is essential to support the ongoing development and eventual buildout of the City. Construction is anticipated to begin in summer of 2024.
The City has a Master Agreement with ENGEO to provide various construction engineering services for CIPs. Construction engineering services typically include stormwater pollution prevention plans, special inspection of work such as welds, testing of soils, asphalt and concrete, and construction support services. As these services will soon be needed to support the upcoming construction of the Project, staff requested a proposal from ENGEO for the provision of subject services.
ENGEO provided a proposal for the requested services, including labor and vehicle rates and estimated hours of labor and vehicle travel mileage, for $ 226, 600.
Staff requests Council approve Task Order No. 1 with ENGEO in the amount of 226, 600. Staff also requests Council approve a 15% contingency of $ 34, 000 and authorize staff to spend it as needed to accomplish the goals of the Project, for a total cost not to exceed $ 260, 60.
403
CITY MANAGER' SREPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 17 WITH ENGEO INC. FOR CIP WW 22- 38 CTF PHASE 3 EXPANSION
REASON FOR RECOMMENDATION:
The expansion of the City' s
CTF wastewater treatment capacity is essential to the
ongoing development and eventual build - out of Lathrop. The construction engineering services contemplated by Task Order No. 1 are necessary for the construction of the Project.
FISCAL IMPACT:
Task Order No. 1 with ENGEO for construction engineering services for the Project is for $ 226, 600 plus a 15% contingency of $ 34, 000, for a total cost not to exceed 260, 60. Sufficient funds for these services will be included in the adopted Fiscal Year 2024/5budget for CTF Phase 3 Expansion, CIP WW 22- 38.
ATTACHMENTS:
A. Resolution Approving Task Order No. 1 with ENGEO, Inc. for Construction Engineering Services for CTF Phase 3 Expansion, CIP WW 22- 38 B. Task Order No. 1 with ENGEO, Inc. for Construction Engineering Services for CTF Phase 3 Expansion, CIP WW 22- 38
404
Brad 1ylor
City Engineer
CITY MANAGER' S REPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 1 WITH ENGEO INC. FOR CIP WW 22- 38 CTF PHASE 3 EXPANSION
APPROVALS:
Z..
Steven Hollenbeak Date
Assistant Engineer
6 -ICS • 2DA1
Ken Reed Date
Senior Construction Manager
Cari James
Director ' Finance
Michael King
Assistant City Manager
Date
5/ 20/2) 1
Date
Date
Salvador Navarrete Date
City Attorney
Z Z • Zo2i
1 ' ze Z y
Step liJ. Salvatore Date
City Manager
405
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 1 WITH ENGEO, INC. FOR CONSTRUCTION ENGINEERING SERVICES FOR CIP WW 22- 38 CTF PHASE 3 EXPANSION WHEREAS, on November 8, 2021, City Council approved the creation of CIP WW 22- 38 Consolidated Treatment Facility ( CTF) Phase 3 Expansion ( Project) to construct the necessary infrastructure to expand the CTF' s wastewater treatment capacity; and
WHEREAS, the City has executed a Master Agreement with ENGEO Inc.
ENGEO) to provide Geotechnical Investigations and Engineering Services for Capital Improvement Projects ( CIP); and
WHEREAS, soil and materials testing and special inspection services from ENGEO will soon be needed to support the Project' s upcoming construction, anticipated to start in summer of 2024; and
WHEREAS, staff requested and received from ENGEO a proposal for the subject services for a cost of $ 150, 00; and
WHEREAS, staff requests City Council approve Task Order No. 1 with ENGEO in the amount of $ 226, 600, plus a 15% contingency of $ 34, 000 for a total cost not to exceed $ 260, 60; and
WHEREAS, sufficient funds will be included in the adopted Fiscal Year 2024/5 budget for CIP WW 22- 38 to fund Task Order No. 1.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 1 to the Master Agreement with ENGEO for a cost not to exceed $ 226, 600 to provide Construction Engineering services for the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% contingency to ENGEO' s Task Order No. 1 in the amount of 34, 000, for a total not to exceed Task Order No. 1 of $ 260, 60and authorizes staff to spend the contingency as necessary to provide the needed services for the Project. 406
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:
ATTEST:
Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
407
CITY OF LATHROP
TASK ORDER NO. 1 PURSUANT TO MASTER CONSULTING AGREEMENT WITH ENGEO, INC. DATED JUNE , 2024
TO PROVIDE CONSTRUCTION SUPPORT SERVICES FOR THE CTF PHASE III EXPANSION, CIP WW 22- 38
THIS TASK ORDER NO. 1, dated for convenience this June 10, 2024, is by and made and entered into by and between ENGEO, Inc. ("CONSULTANT"), and the City of Lathrop, a California municipal corporation of the State of California (" CITY"); RECITALS:
WHEREAS, on June , 2024, CONSULTANT entered into a Master Agreement AGREEMENT") with the CITY, by which the CONSULTANT has agreed to provide Geotechnical Investigations and Engineering Services for Capital Improvement Projects; and WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Construction Engineering Services, which are required by this agreement; and WHEREAS, CONSULTANT has provided CITY with scope of work attached hereto as Exhibit " A" for Construction Engineering Services; and WHEREAS, CONSULTANT is willing to render such Geotechnical Investigations and Engineering Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation of Master Agreement
This Task Order No. 1 hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Geotechnical Investigations and Engineering Services dated June , 2024, unless specifically modified by this Task Order. 2) Scope of Service
CONSULTANT agrees to perform 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 agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' ssatisfaction. 3) Effective Date and Term.
The effective date of this Task Order No. 1 is June 10, 2024, and it shall terminate no later than June 30, 2026.
Page
408
1 of 3
CITY OF LATHROP — ENGEO, INC.
TASK ORDER NO. 1 — CONSTRUCTION SUPPORT SERVICES FOR THE CTF PHASE III EXPANSION, CIP WW 22- 38
4) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 226, 600. 0, for the Geotechnical Update as described in Exhibit " A" of Task Order No. 1 pursuant to the Master Agreement dated June , 2024. 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 of the MASTER AGREEMENT.
Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation beyond what is expressed in this agreement and Exhibit " A", unless CITY' sauthorized representative has executed a written change order or authorization describing the extra work and payment terms prior to the commencement of the work. 5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary and insurance have been received. CITY shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 6) 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.
409
CITY OF LATHROP - ENGEO, INC.
TASK ORDER NO. 1 - CONSTRUCTION SUPPORT SERVICES FOR THE CTF PHASE III EXPANSION, CIP WW 22- 38
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:
Date
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
ENGEO, Inc.
Steve Harris
17278 Golden Valley Parkway
Lathrop, Ca 95330
Fed ID # 94- 1748418
Lathrop Bus License # 20170
Signature Date
Print Name and Title
410
ENGEO
Expect Excellence
May 6, 2024
Revised June 5, 2024
Mr. Ken Reed
City of Lathrop
390 Towne Centre Drive
Lathrop CA, 95330
Subject: CTF Phase III Expansion
18800 Christopher Way
Lathrop, California
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAL/ MARINE GEOTECHNICS
PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES
Dear Mr. Reed:
Project No.
16218. 000.07
We are pleased to provide this proposal for construction support services for the CTF Phase I II Expansion project. Based on our discussions and emails with you and the preliminary schedule provided, we understand construction will generally occur over the duration of 18 months. We would be glad to update this fee estimate once a more detailed construction schedule is available.
Based on our understanding of the project, we expect to provide on -call part- to full- time material testing and observation, special inspection, and stormwater pollution prevention plan ( SWPPP) services. The purpose of our geotechnical and special inspection services is to confirm that the improvements are constructed in general conformance with the project plans and specifications.
The purpose of our SWPPP services is to satisfy State Water Resources Control Board (SWRCB) Order No. WQ 2022- 0057- DWQ, effective September 1, 2023, for stormwater dischargers on sites with a disturbed area greater than 1 acre.
SCOPE OF SERVICES
Phase 001: Testing and Observation
Based on the provided schedule, we understand that site grading, utility installation and backfill, and site paving will occur from mid -July 2024 to early -February 2026. During this time, we estimate that we will service the project with one field representative on a mostly part- time basis, as dictated by concurrent activities. Our services will include:
Providing geotechnical engineering observation of site preparation.
Performing field density and moisture tests of fill placement, including structural areas such as building pads, utility trench backfill, subgrade, aggregate base, and hot mix asphalt ( HMA) to assess compliance with the project specifications on a part- to full- time basis ( not including overtime or weekends).
Performing laboratory testing in support of testing and observation services, including compaction curves and a lab test max density for HMA testing.
Supplemental field, office, meetings, and laboratory support will be provided as needed. Upon project completion, we will prepare a final report summarizing the results of our testing and observations services.
17278 Golden Valley Parkway • Lathrop, CA 95330 • ( 209) 835- 0610 • Fax ( 888) 279-698 www. engeo. com
411
City of Lathrop
CTF Phase I II Expansion
PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES
Phase 002: Special Inspection
16218. 000.07
May 6, 2024
Revised June 5, 2024
Based on the provided schedule, we understand that this project generally consists of a slab -on -grade foundation and other associated infrastructure. Foundation construction will generally occur from mid- to Tate - August 2024 through early -February 2026. During building construction, we will provide special inspection services as requested. We anticipate that we will provide the following inspections during construction.
Reinforcing steel inspections
Continuous concrete placement and sampling
Preparation of four test specimen per set of 150 cubic yards of concrete placed ( one 7 -day, three 28 -day)
Structural steel field welding observations ( 10 days - Field) Laboratory testing to support the project and various letters as needed We understand that several construction activities requiring our services will be in progress concurrently for the majority of the project' s duration. It is important to note that scheduling these activities concurrently increases the efficiency of our time on site. Supplemental field, office, meetings, and laboratory support will be provided as needed. Upon project completion, we will prepare a final report summarizing the results of our special inspection services.
Phase 003: SWPPP
Based on the provided schedule and a preliminary risk level assessment, we assume this project SWPPP will be designated as Risk Level 1. This proposal is based on the requirements of Order No. 2022- 0057- DWQ and includes the following minimum SWPPP tasks.
Task 001: SWPPP Development
We will perform a Risk Level Determination for the project site based on Sediment Risk and Receiving Water Risk over the duration of project development. The project sediment risk will be determined by the State Water Resources Control Board ( SWRCB)- provided GIS Maps and EPA Rainfall Erosivity calculations, and/ or site -specific determination. Depending upon a variety of risk factors, a Risk Level will be assigned 1, 2, or 3.
Once the final risk level determination is complete, a project specific SWPPP and erosion and sediment control plan ( ESCP) will be prepared by our Qualified SWPPP Developer ( QSD). Based on our preliminary review, we understand the project is not subject to Total Maximum Daily Load TMDL) requirements, per Attachment H of the General Permit. Based on our understanding of the project, we assume that construction dewatering and discharge, active treatment systems, and passive treatment systems will not be required for this project.
We will file the Notice of Intent ( NOI) and upload the SWPPP and other permit registration documents ( PRDs) to the Board' s SMARTS website for Owner certification http:// smarts. waterboards. ca. qov). Following NOI approval, we will prepare one hard copy of the SWPPP document for field use.
412
City of Lathrop
CTF Phase III Expansion
PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES
Task 002: Routine QSD Inspections
16218. 000.07
May 6, 2024
Revised June 5, 2024
As required by the General Permit, our QSD will perform the following on -site visual inspections.
Within 30 days of construction activities beginning
Twice annually ( once between August and October, and once between January and March) Inspections will occur during daylight hours of a normal business work week ( Monday through Friday). Holidays and weekends are not included. If a breach or malfunction of the erosion and sediment control measures is observed, ENGEO will assist by notifying you and/ orthe agreed upon contractor if repairs to, or alterations of, the BMPs are needed. This process should allow repair measures to be undertaken in a timely fashion.
Task 003: Routine QSP and Delegate Inspections
Order No. 2022- 0057- DWQ requires year- round site monitoring to provide documentation of Best Management Practice ( BMP) maintenance and performance, and to alert the owner and/ or specified BMP contractor when repairs to BMPs are needed.
As required by the General Permit, our Qualified SWPPP Practitioner ( QSP) will perform the following on -site visual inspections.
Monthly ( routine) inspections
Pre -precipitation event inspections within 72 hours prior to a forecasted Qualifying Precipitation Event ( QPE)
An ENGEO QSP, or an appropriately trained delegate, will perform the following additional site inspections.
During- and post -precipitation event inspections
o During- QPE inspections will be conducted at least once every 24 -hour period during extended QPEs.
o Post -storm event inspections will be conducted within 96 hours after QPEs with at least
0. 5 inch of measured precipitation.
Inspections will occur during daylight hours of a normal business work week ( Monday through Friday). Holidays and weekends are not included. If a breach or malfunction of the erosion and sediment control measures is observed, ENGEO will assist by notifying you and/ or the agreed upon contractor if repairs to, or alterations of, the BMPs are needed. This process should allow repair measures to be undertaken in a timely fashion.
Task 004: Non -Routine QSD/SP Inspections
Order No. 2022- 0057- DWQ requires QSD inspections within 30 days of a discharger replacing the QSD, within 14 days after a Numerical Action Level ( NAL) exceedance, and within the time period request in writing from Water Board staff. In addition, the General Order requires QSP inspections within 14 days after an NAL exceedance and prior to Change of Information submittals for acreage changes. These non -routine site inspections will be performed by our QSD and/ or QSP as -needed on a time - and -expense basis.
413
City of Lathrop
CTF Phase I II Expansion
PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES
Task 005: Annual Compliance Reporting
16218. 000.07
May 6, 2024
Revised June 5, 2024
By September 1 and continuing annually every year the permit is active, we shall prepare an Annual Compliance Report ( ACR) and upload it to SMARTS. The ACR will contain the minimum required elements described in Order No. 2022- 0057- DWQ for the project Risk Level. We will prepare and upload the ACR for the applicable reporting years ( 2024-025 and 2025- 2026).
Task 006: Notice of Termination
After construction is complete and disturbed areas have been stabilized, or transferred to a new owner, a Notice of Termination ( NOT) will be prepared and submitted to SMARTS for your certification. The NOT will include a description of the basis of termination, final QSP inspection report, and photographs documenting the post -construction stabilization, if applicable.
Task 007: Consultation
We will provide additional as -needed consultation services to specific requests, such as meeting requests, preparation of SWPPP amendments, non -visible pollutant sampling, SMARTS data management, and other SWPPP needs on a time -and -expense basis.
SUMMARY OF FEES
We propose to provide the above - described scope of services on a time -and -expense basis, as outlined below in accordance with our current fee schedule.
TABLE 1: Summary of Proposed Fees
SCOPE OF SERVICES
PROPOSED
FEE TYPE*
FEE
Phase 001: Testing and Observation
Phase 002: Special Inspections
Phase 003: SWPPP
85, 000
65, 000
76, 600
T&E
T&E
Task 001: SWPPP Development
Includes one hard copy of the SWPPP document.
Task 002: Routine QSD Inspections
Estimated one pre -construction inspection and three bi- annual $ 2, 600 U inspections at $ 650 each.
Task 003: Routine QSP and Delegate Inspections
Estimated 90 inspections at $ 500 each.
Task 004: Non -Routine QSD/SP Inspections
Time -and -expense, as -needed.
Task 005: Annual Compliance Reporting
Estimated two reports at $ 1, 500 each.
10, 000 LS
45, 000 U
5, 000 T&E
Task 006: Notice of Termination
3, 000 U
3, 000 LS
Task 007: Consultation
Time -and -expense, as -needed. 8, 000 T&E
TOTAL $ 226, 600
LS = lump sum, U = unit cost, T&E = time -and -expense
414
City of Lathrop
CTF Phase 111 Expansion
PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES
CLOSING
16218. 000.07
May 6, 2024
Revised June 5, 2024
ENGEO' sliability for damage due to professional negligence, acts, errors, omissions, breach of contract and consequential damages will be limited by Client to an amount not to exceed an aggregate limit of one million dollars, or ENGEO' sfee, whichever is greater, regardless of the legal theory under which such liability is imposed.
If the above scope of services and fee are acceptable, please issue your standard agreement as our authorization to proceed. We can begin our services upon receipt of an executed agreement.
We look forward to serving you on this project. If you have any questions or comments regarding this proposal, please call and we will be glad to discuss them with you.
Sincerely,
ENGEO Incorporated
Kenneth Hamilton ' Steve Harris, GE
Senior Project Manager
kh/ vkd/ sdh/ ca
Principal
415
DocuSign Envelope ID: 28799857- E9F- 48BF- 804D- ADBB964910B6
CITY OF LATHROP
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING
SERVICES WITH ENGEO, INCORPORATED
THIS AGREEMENT, dated for convenience this day of June 2024, is by and between ENGEO, INCORPORATED (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Geotechnical Investigation and Engineering 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 Geotechnical Investigation and Engineering Services, as hereinafter defined, on the following terms and conditions; and NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Geotechnical Investigation and Engineering Services in conformance with each approved Task Order submitted by the CONSULTANT, attached hereto as incorporated herein by this reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and CITY' Ssatisfaction.
2) Compensation
CONSULTANT agrees to perform Geotechnical Investigation and Engineering Services per the fee schedule included as Exhibit A dated February 1, 2024. City hereby agrees to pay CONSULTANT the amount indicated in each approved Task Order, for the Geotechnical Investigation and Engineering Services. City agrees to pay CONSULTANT within thirty ( 30) days of receipt of billings containing all information required per Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in approved Task Order Scope of Work 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 and payment terms prior to the commencement of work.
3) Effective Date and Term
The effective date of this Agreement is June , 2024 and it shall terminate no later than June 30, 2025, provided that the City may extend this agreement under the same terms and conditions for two ( 2) additional two ( 2) year periods, commencing on July 1, 2025, and on July 1st of each second following year and terminating on June 30th of each second subsequent year. CONSULTANT shall be given thirty ( 30) days written notice of City' sintent to renew or not to renew this agreement.
416
DocuSign Envelope ID: 28799857- E9F- 48BF- 804D- ADBB964910B6
CITY OF LATHROP - ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. CONSULTANT expressly agrees 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, 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.
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. The services shall be performed by, or under the direct supervision, of CONSULTANT' sAuthorized Representative: Steve Harris. 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' S authorized representative. 9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( i) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any
417
DocuSign Envelope ID: 28799857- E9F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES 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' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from 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' 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.
418
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES 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.
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) 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.
419
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of any
work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' sauthorized 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' 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
420
DocuSign Envelope ID: 28799857- E9F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES 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. CONSULTANT' s aggregate liability hereunder shall be limited by CITY to 1, 000,0 regardless of the legal theory under which such liability is imposed. 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 represents that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' 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.
421
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES 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:
16) Miscellaneous
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
ENGEO, Inc.
17278 Golden Valley Parkway
Lathrop, CA 95330
Phone: ( 209) 835- 0610
Fax: ( 888) 279-698
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.
422
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6
CITY OF LATHROP - ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES 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. h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
1) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect. k) 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.
1) 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 alegal holiday by CITY, the time for performance shall be extended to the following Business Day. n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover
423
DocuSign Envelope ID: 28799857- E5F- 48BF- 804D- ADBB964910B6
CITY OF LATHROP - ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party. 17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary 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 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.
424
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES Approved as to Form:
Recommended for Approval:
Approved by:
CONSULTANT:
City of Lathrop
City Attorney
Salvador Navarrete Date
City of Lathrop
Assistant City Manager
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen Salvatore Date
City Manager
ENGEO, Inc.
17278 Golden Valley Parkway
Lathrop, CA 95330
Fed ID # 94- 1748418
Business License # 20170
ilobimsibbed
by:
BSEI57s227A245e...
Signature
Steve Harris
5/ 30/ 224
Date
Principal
Print Name and Title
425
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6 ENGEO
Expect Excellence ---
EXHIBIT A GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAL/ MARINE GEOTECHNICS
PREFERRED CLIENT FEE SCHEDULE
PROFESSIONAL SERVICES
Effective February 2024
President $ 485. 00 per hour
Principal $ 390. 00 per hour
Associate $ 330. 00 per hour
Subject Matter Expert $ 425. 00 per hour
Senior $ 278. 00 per hour
Project $ 247. 00 per hour
Staff $ 216. 00 per hour
Assistant $ 173. 00 per hour
Construction Services Manager II $ 225. 00 per hour*
Construction Services Manager I $ 215. 00 per hour*
Senior Field Representative II $ 185. 00 per hour*/**
Senior Field Representative I $ 165. 00 per hour*/**
Field Representative $ 153. 00 per hour*/**
Senior Laboratory Technician $ 185. 00 per hour
Laboratory Technician $ 165. 00 per hour
Senior GIS Developer $ 200. 00 per hour
GIS Developer $ 190. 00 per hour
Senior GIS Analyst $ 195. 00 per hour
GIS Analyst $ 180. 00 per hour
Senior CAD Specialist $ 180. 00 per hour
CAD Specialist $ 170. 00 per hour
Network Administrator $ 260. 00 per hour
Project Assistant $ 150. 00 per hour
Two- hour minimum portal to portal and cancellations within 24 hours.
OVERTIME RATES: Rates increased by factor of 1. 5 for all hours worked in excess of eight ( 8) Monday through Friday, and the first eight (8) hours worked on Saturday. Rates increased by factor of 2. 0 for all hours worked in excess of twelve ( 12) Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours worked on Sunday and holidays.
For Prevailing Wage projects, increase the hourly rate by $ 21.
Rates increased by factor of 1. 25 for night shift hours ( hours commencing after 4: 00 p. m. or before 4: 00 a. m.); rates increased by factor of 1. 875 (an additional factor of 1.5) for all night shift hours in excess of eight (8); rates increased by factor 2. 5 for all night shift hours worked in excess of twelve ( 12).
ADDITIONAL SERVICES OFFERED
In addition to our core services of geotechnical, hydrologic and environmental engineering, including construction - phase testing and observation, ENGEO provides clients with services for establishment and management of Geologic Hazard Abatement Districts ( GHAD) and for Entitlement and Permitting Support ( EPS). For more information about these services and associated pricing, please contact ENGEO at (925) 866- 9000.
OTHER FEES
Equipment and materials will be charged in addition to the above hourly rates.
Outside Consultants, Subcontracted Services and Equipment Rental Cost plus 25% Expert Witness, Deposition, Mediation, Arbitration, or Court Appearance ( Minimum Charge) $ 2, 800. 0 half day, $4, 800. 0 full day TERMS
Invoices will be submitted at completion of work or at approximately four week intervals and are due and payable upon receipt. Statements will be issued at monthly intervals. Charges not paid within 30 days of invoice date will accrue a late charge at a rate of 1. 5 percent per month. In the event it becomes necessary to commence suit to collect amount due, Client agrees to pay attorney' sfees and costs, as the court may deem reasonable until amount is paid. Fees will be applicable for one year from the effective date above; thereafter, fees will be adjusted annually. Our fees will be billed using an invoice format produced by a standardized accounting software package. A more customized itemization of charges and backup data will be provided upon Client' s requests, but at additional fees. Final reports may be withheld until outstanding invoices are paid in full.
Many risks potentially affect ENGEO by virtue of entering into this agreement to perform services on behalf of client. A principal risk is the potential for human error by ENGEO. For client to obtain the benefit of a fee that includes a nominal allowance for dealing with our liability, client agree to limit ENGEO' sliability to Client and all other parties for claims arising out of our performance of the services described in the agreement. The aggregate liability will not exceed $ 50, 000 (or ENGEO' sfee, whichever is greater, but not more than $ 1, 000,00) for professional acts, errors, or omissions, including attorney' sfees and costs that may be awarded to the prevailing party and client agrees to indemnify and hold harmless ENGEO from and against all liabilities in excess of the monetary limit established above.
February 1, 2024 426 www. engeo. com
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6
EQUIPMENT AND MATERIALS CHARGES
DESCRIPTION COST PER UNIT ($) UNIT
Air Content Meter
Bailers ( Disposable)
Coatings Thickness Kit (eg. Fireproofing, Protective Paint) Concrete Crack Monitor
Coring Machine
Double -Ring Infiltrometer
Electronic Water Level Indicator
Engineering Analysis Software
Equipment Transport( e)
Exploration Equipment ( Electric Auger) 50. 00 hour
Floor Flatness/ Floor Level Equipment 40. 00 hour
Generator 15. 00 hour
50. 00 month
10. 00 hour
228. 00 hour
15. 00 hour
25. 00 hour
2. 00 hour
25. 00 hour
6. 00 hour
15. 00 hour
10. 00 hour
20. 00 hour
100. 00 hour
10. 00 each
5. 00 hour
20. 00 hour
50. 00 hour
Skidmore Wilhelm Bolt Tension Calib. 40. 00 hour
Slope Inclinometer/ Settlement Indicator/ VWReadout 50. 00 hour Torque Wrench 15. 00 hour
Transfer Pump 3. 00 hour
Ultrasonic Equipment 50. 00 hour
Vapor Emission Test Kit 40. 00 kit
Vector Conversion 60. 00 conversion
Vehicle, nuclear gauge, equipment, wireless communication.
35. 00" hour
Add $ 5. 00/ hr. for RTK enabled autotesting equipment.
Vehicle, equipment, wireless communication 25. 00 hour
Vibration Monitor 1800. 0 month
Water Sampling Pumps 20. 00 hour
Bridge Toll actual actual
Mileage . 98 mile
Parking actual actual
AutoCAD, Civil 3D, GIS, Drone Data Processing 35. 00 hour Photocopies Black & White 0. 25 each
Photocopies Color 11 x 17 1. 50 each
Photocopies Color 8'/ x 11 1. 00 each
Plot - Black & White 3. 00 square foot
Plot - Color 4. 00 square foot
Postage actual actual
Scan - Black & White 1. 50 each
Scan - Color 3. 75 each
Telephone 0. 50 minute
GIS Website Portal Subscriptions
GPS Handheld Device
GPR/PS/ Drone Survey Equipment
Hand Auger and Soil Sampler
Hydraulic Pull -Test Equipment
Interface Probe
Magnetic Particle Test Equipment
Moisture Content Test Equipment
Multi - Parameter Water Meter
pH Meter/ Turbidity Meter
Photo Ionization Detector
Reinforcing Bar Locator
Sampling Tubes
Sand Cone Equipment and Material
Schmidt Hammer
Seisometer
7. 00 hour
10. 00 each
30. 00 hour
20. 00 each
30. 00 hour
50. 00 hour
5. 00 hour
49. 00 hour
100. 00 hour
February 1, 2024
427
www. engeo. com
A O® CERTIFICATE OF LIABILITY INSURANCE
DATE ( MMIDD/ YYYY)
9/ 1/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Edgewood Partners Insurance Center
License # 0629370
PO Box 2110
Rancho Cordova CA 95670
CONTACT
Rebecca Foster
PHONE FAX
A/ c. No. Ext): 916- 576- 1524 ( A/ c, No): 916- 583- 7613 ADDRESS: Rebecca. Foster@epicbrokers. com
INSURER( S) AFFORDING COVERAGE NAIC#
INSURER A : Travelers Property Casualty Co of Amer 25674
INSURED ENGEINC
ENGEO Incorporated
Crow Canyon PlacePlace # 250
San Ramon CA 94583- 4634
INSURER B : The Travelers Indemnity Company of CT 25682 INSURERc: Endurance American Specialty Ins Co 41718
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1224353949 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR INSD TYPE OF INSURANCE
ADDL SUBR
WVD POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY)
POLICY EXP
MM/ DD/ YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY Y Y 6308899N880 9/ 1/ 2023 9/ 1/ 2024 EACH OCCURRENCE 1, 000,00
CLAIMS -MADE X OCCUR
DAMAGE TO RENTED
PREMISES ( Ea occurrence) 300, 00
X Ded - NIL MED EXP ( Any one person) 5, 000
PERSONAL & ADV INJURY 1, 000,00
GEN' L AGGREGATE
X
LIMIT APPLIES
CrJER
PER:
LOC
GENERAL AGGREGATE 2, 000,00
PRODUCTS - COMP/ OPAGG 2, 000,00
8 AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
Y Y 8100P298320 9/ 1/ 2023 9/ 1/ 2024
COMBINED SINGLE LIMIT
Ea accident) 1, 000,00
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accident)
A X UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS - MADE
CUP6J082242 9/ 1/ 2023 9/ 1/ 2024 EACH OCCURRENCE 5, 000,00 AGGREGATE 5, 000,00
DED X
RETENTION$ NII
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N/ A
Y UB4J940442 9/ 1/ 2023 9/ 1/ 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
C E&O (Professional Liability)
Claims Made
Retro Date. 03/1/ 89
DPL30043736100 9/ 1/ 2023 9/ 1/ 2024 Per Claim
Aggregate
Retention
1, 000,00
1, 000,00
250, 00
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Contracts/ Written Agreements between the Certificate Holder and the Insured. Additional Insured: City of Lathrop its officers, City Council, boards and commissions and member thereof, its employee and agents. When required by written contract, additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability, Automobile Liability and Workers' Compensation, all per the attached endorsements.
CERTIFICATE HOLDER CANCELLATION
City of Lathrop
390 Towne Centre Drive
Lathrop CA 95330
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
ACORD 25 (2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
428
Policy #6308899N880
COMMERCIAL GENERAL UABIUTY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - WRITTEN
CONTRACTS ( ARCHITECTS, ENGINEERS AND
SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II — WHO I8
AN INSURED:
Any person or organization that you agree in a
written contract requiring insurance" to Include as
an additional Insured on this Coverage Part, but
a. Only with respect to liability for "bodily Injury",
property damage" or "personal Injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of " your work" to which the " written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the Independent acts
or omissions of such person or organization.
The insurance provided to such additional Insured
Is limited as follows:
c. In the event that the Limits of insurance of
this Coverage Part shown in the Declarations
exceed the limits of lability required by the
Written contract requiring insurance', the insurance provided to the additional insured shall be limited to the limits of liability required
by that ' written contract requiring Insurance'.
This endorsement shall not increase the limits
of insurance described in Section III — Limits
Of insurance.
d. This Insurance does not apply to the rendering of or failure to render any " professional services" or construction management errors
or omissions.
e. This Insurance does not apply to ' bodily Injury' or " property damage" caused by ' your work" and Included in . the " products -
completed operations hazard" unless the
written contract requiring insurance" specifically requires you to provide such coverage for that additional Insured, and then the Insurance provided to the additional insured applies only to such " bodily Injuy or ' property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period,
whichever is earlier.
2. The following Is added to Paragraph 4. 8. of SECTION N — COMMERCIAL GENERAL LIABILfTY CONDITIONS:
The insurance provided to the additional Insured
is excess over any valid and collectible " other insurance", whether primary, excess. contingent or on any other bests, that is available to the additional insured for a loss we cover. However, it you specifically agree in the "written contract requiring
insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and noncontributory basis, this insurance is primary to other insurance' available to the additional Insured which covers that person or organization as a named insured for such loss, and we will not
share with that " other Insurance". But this insurance provided to the additional Insured still Is excess over any valid and collectible ' other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional
Insured when that person or organization is an
additional Insured under any ' other Insurance".
3. The following Is added to SECTION IV — COMMERCIAL GENERAL LABILITY CONDITTON8:
Duties Of An Additional Insured
As a condition of coverage provided to the additional insured:
a. The additional insured must give us written
notice as soon as practicable of an " occurrence" or an offense which may result in a claim. To the extent possible, such notice
should include:
CG D4 14 04 08 2008 The Trawlers Companies, Inc. Page 1 of 2 429
COMMERCIAL GENERAL LIABILITY
1. How, when and where the " occurrence"
or offense took place;
II. The names and addresses of any injured
persons and witnesses; and
The nature and location of any injury or
damage arising out of the " occurrence" or
offense.
b. If a daim is made or "suit" is brought against
the additional insured, the additional insured
must:
I. Immediately record the spedflcs of the
claim or "suit" and the date received; and
11. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
c. The additional Insured must immediately send
us copies of all legal papers received In connection with the daim or " suit", cooperate with us in the investigation or settlement of the
claim or defense against the " suit", and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any daim or " suit" to
any provider of other insurance which would
cover the additional Insured for a loss we
cover. However, this condition does not affect
whether this insurance provided to the additional insured is primary to that other insurance available to the additional insured which covers that person or organization as a
named insured.
4. The following is added to the DEFINITIONS Section:
Written contract requiring insurance" means that
part of any written contract or agreement under
which you are required to indude a person or organization as an additional insured on this Coverage Part, provided that the " bodily Injury" and property damage' occurs and the " personal injury" Is caused by an offense committed:
a. After the signing and execution of the contract
or agreement by you;
b. While that part of the contract or agreement is
In effect and
c. Before the end of the policy period.
02008 The Travelers Companies. Inc. CO D4 14 04 08
430
Policy #& 308899N880 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS
AND SURVEYORS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is exduded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered.
A. Non -Owned Watercraft — 75 Feet Long Or Less
B. Who Is An Insured — Unnamed Subsidiaries
C. Who Is An Insured — Retired Partners, Members,
Directors And Employees
D. Who Is An Insured — Employees And Volunteer
Workers — Bodily Injury To Co -Employees, Co -
Volunteer Workers And Retired Partners,
Members, Directors And Employees
E. Who Is An Insured — Newly Acquired Or Formed
Limited Liability Companies
F. Blanket Additional Insured — Controlling Interest
G. Blanket Additional Insured — Mortgagees,
Assignees, Successors Or Receivers
PROVISIONS
A. NON -OWNED WATERCRAFT — 75 FEET
LONG OR LESS
1. The following replaces Paragraph ( 2) of
Exclusion g., Aircraft, Auto Or Watercraft,
In Paragraph 2. of SECTION I —
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
2) A watercraft you do not own that is:
a) 75 feet long or less; and
b) Not being used to carry any person
or property for a charge;
2. The following replaces Paragraph 2. s. of
SECTION II — WHO IS AN INSURED:
e. Any person or organization that, with
your express or implied consent, either
H. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Premises
I. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Operations
J. Incidental Medical Malpractice
K. Medical Payments — Increased Limit
L. Amendment Of Excess Insurance Condition —
Professlonal Liability
M. Blanket Waiver Of Subrogation — When Required
By Written Contract Or Agreement
N. Contractual Liability — Railroads
uses or is responsible for the use of a
watercraft that you do not own that Is:
1) 75 feet long or less; and
2) Not being used to carry any person
or property for a charge;
B. WHO I8 AN INSURED — UNNAMED
SUBSIDIARIES
The following is added to SECTION 1I — WHO 18
AN INSURED:
Any of your subsidiaries, other than a partnership
or Joint venture, that is not shown as a Named
Insured in the Declarations is a Named Insured
If:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy
period; and
CG D3 79 0219 O 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with Its permission,
431
COMMERCIAL GENERAL LIABILITY
b. Such subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured for " bodily
injury" or " property damage" that occurred, or
personal and advertising injury" caused by an
offense committed:
a. Before you maintained an ownership interest
of more than 50% in such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section II — Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company; or
c. A trust;
as indicated in its name or the documents that
govern its structure.
C. WHO IS AN INSURED — RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2. of
SECTION II — WHO IS AN INSURED:
Any person who is your retired partner, member,
director or " employee" that is performing services
for you under your direct supervision, but only for
acts within the scope of their employment by you
or while performing duties related to the conduct
of your business. However, no such retired
partner, member, director or " employee" is an
insured for:
1) "Bodily injury":
a) To you, to your current partners or
members ( if you are a partnership or
joint venture), to your current members
if you are a limited liability company) or
to your current directors;
b) To the spouse, child, parent, brother or
sister of that current partner, member or
director as a consequence of Paragraph
1)( a) above;
For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph ( 1)( a)
or (b) above; or
d) Arising out of his or her providing or
failing to provide professional health care
services.
c)
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs ( 1)( a), ( b), (c) and ( d)
above do not apply to " bodily injury" arising
out of providing or failing to provide first aid
or "Good Samaritan services" by any of your
retired partners, members, directors or
employees", other than a doctor. Any such
retired partners, members, directors or
employees" providing or failing to provide
first aid or "Good Samaritan services" during
their work hours for you will be deemed to be
acting within the scope of their employment
by you or performing duties related to the
conduct of your business.
2) 'Personal injury":
a) To you, to your current or retired
partners or members ( if you are a
partnership or joint venture), to your
current or retired members ( if you are a
limited liability company), to your other
current or retired directors or
employees" while in the course of his or
her employment or performing duties
related to the conduct of your business,
or to your other " volunteer workers"
while performing duties related to the
conduct of your business;
b) To the spouse, child, parent, brother or
sister of that current or retired partner,
member, director, " employee" or
volunteer worker" as a
consequence of
Paragraph ( 2)( a) above;
c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph ( 2)( a)
or (b) above; or
d) Arising out of his or her providing or
failing to provide professional health care
services.
3) "Property damage" to property:
a) Owned, occupied or used by; or
b) Rented to, in the care, custody or control
of, or over which physical control is
being exercised for any purpose by;
you, any of your retired partners, members
or directors, your current or retired
employees" or " volunteer workers", any
current partner or member ( if you are a
partnership or joint venture), or any current
member ( if you are a limited liability
company) or current director.
Includes copyrighted material of Insurance Services Office, Inc. with tts permission. 432
COMMERCIAL GENERAL LIABILITY
D. WHO 18 AN INSURED - EMPLOYEES AND
VOLUNTEER WORKERS - BODILY INJURY
TO CO -EMPLOYEES, CO -VOLUNTEER
WORKERS AND RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following Is added to Paragraph 2. a.( 1) of
SECTION 1I - WHO i8 AN INSURED:
Paragraphs ( 1Xa), (b) and ( c) above do not
apply to " bodily injury" to a current or retired co -
employee" while in the course of the co -
employee' s" employment by you or performing
duties related to the conduct of your business, or
to " bodily injury to your other " volunteer
workers" or retired partners, members or
directors while performing duties related to the
conduct of your business.
E. WHO 18 AN INSURED - NEWLY ACQUIRED
OR FORMED LIMITED LIABIIJTY COMPANIES
The following replaces Paragraph 3. of
SECTION II - WHOM AN INSURED:
3. Any organization you newly acquire or form,
other than a partnership or joint venture, and
of which you are the sole owner or In which
you maintain an ownership interest of more
than 50%, will qualify as a Named Insured If
there is no other similar insurance available
to that organizatlon. However:
a. Coverage under this provision is
afforded only:
1) Until the 180th day after you acquire
or form the organization or the end
of the policy period, whichever is
earlier, if you do not report such
organization in writing to us within
180 days after you acquire or form Ih
or
2) Until the end of the policy period,
when that date Is later than 180 days
after you acquire or form such
organization, if you report such
organization in writing to us within
180 days after you acquire or form it;
b. Coverage A does not apply to " bodily
injury" or " property damage" that
occurred before you acquired or formed
the organization; and
c. Coverage B does not apply to "personal
and advertising injury arising out of an
offense committed before you acquired
orformed the organization.
For the purposes of Paragraph 1. of Section
I1 — Who is An Insured, each such
organization will be deemed to be
designated In the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company;
or
c. A trust;
as indicated in its name or the documents
that govem its structure.
F. BLANKET ADDITIONAL INSURED -
CONTROLLING INTEREST
1. The following is added to SECTION II -
WHO IS AN INSURED:
Any person or organization that has financial
control of you la an Insured with respect to
liability for " bodily lnjury", "property damage"
or " personal and advertising injury" that
arises out of:
a. Such financial control; or
b.
ownership,
Such person' s
maintenance
or organization' s
or use of
premises leased to or occupied by you.
The insurance provided to such person or
organization does not apply to structural
alterations, new construction or demolition
operations performed by or on behalf of such
person or organization.
2. The following is added to Paragraph 4. of
SECTION 11- WHO IS AN INSURED:
This paragraph does not apply to any
prendses owner, manager or lessor that has
flnandal control of you.
G. BLANKET ADDITIONAL INSURED -
MORTGAGEES, ASSIGNEES, SUCCESSORS
OR RECEIVERS
The following Is added to SECTION II — WHO IS
AN INSURED:
Any person or organization that is a mortgagee,
assignee, successor or receiver and that you
have agreed in a written contract or agreement
to include as an additional insured on this
Coverage Part is an insured, but only wtlh
respect to its ( lability as mortgagee, assignee,
successor or receiver for "bodily injury", "property
damage" or " personal and advertising injury
that:
a. Is " bodily injury" or " property damage" that
occurs, or 1s " personal and advertising injury"
caused by an offense that Is committed,
CG D3 79 0219 sD 2017 The Travelers Indemnity Company. M rights reserved.
Includes copyrighted material of insurance Services Office, inc. with its permission.
433
COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or
agreement and
b. Arises out of the ownership, maintenance or
use of the premises for which that
mortgagee, assignee, successor or receiver
is required under that contract or agreement
to be included as an additional insured on
this Coverage Part.
The insurance provided to such mortgagee,
assignee, successor or receiver is subject to the
following provisions:
a. The limits of insurance provided to such
mortgagee, assignee, successor or receiver
will be the minimum limits that you agreed to
provide in the written contract or agreement,
or the limits shown in the Declarations,
whichever are less.
b. The insurance provided to such person or
organization does not apply to:
1) Any " bodily injury" or "property damage"
that occurs, or any " personal and
advertising injury" caused by an offense
that is committed, after such contract or
agreement is no longer in effect; or
2) Any " bodily injury", "property damage" or
personal and advertising injury" arising
out of any structural alterations, new
construction or demolition operations
performed by or on behalf of such
mortgagee, assignee, successor or
receiver.
H. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS OR
AUTHORIZATIONS RELATING TO PREMISES
The following is added to SECTION 11— WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and
that you are required by any ordinance, law,
building code or written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only with
respect to liability for " bodily injury", "property
damage" or " personal and advertising injury"
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of any of the following for which that
governmental entity has issued such permit or
authorization: advertising signs, awnings,
canopies, cellar entrances, coal holes,
driveways, manholes, marquees, hoist away
openings, sidewalk vaults, elevators, street
banners or decorations.
I. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS
OR AUTHORIZATIONS RELATING TO
OPERATIONS
The following is added to SECTION II — WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for
bodily injury", "property damage" or " personal
and advertising injury" arising out of such
operations.
The insurance provided to such governmental
entity does not apply to:
a. Any " bodily injury", "property damage" or
personal and advertising injury" arising out
of operations performed for the
governmental entity; or
b. Any " bodily injury" or " property damage"
included in the " products -completed
operations hazard".
J. INCIDENTAL MEDICAL MALPRACTICE
1. The following replaces Paragraph b. of the
definition of " occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in
providing or failing to provide " incidental
medical services", first aid or " Good
Samaritan services" to a person, unless
you are in the business or occupation of
providing professional ' health care
services.
2. The following replaces the last paragraph of
Paragraph 2.a.( 1) of SECTION II — WHO IS
AN INSURED:
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs ( 1)( a), ( b), (c) and ( d)
above do not apply to " bodily injury" arising
out of providing or failing to provide:
a) "Incidental medical services" by any of
your " employees" who is a nurse,
nurse assistant, emergency medical
technician, paramedic, athletic trainer,
audiologist, dietician, nutritionist,
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CGD3790219
434
COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational
therapy assistant, physical therapist or
speech -language pathologist; or
b) First aid or " Good Samaritan services"
by any of your ' employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such " employees"
or "volunteer workers' providing or failing
to provide first aid or " Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION III — LIMITS OF
INSURANCE:
For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide ' incidental medical
services", first aid or " Good Samaritan
services" to any one person will be deemed
to be one " occurrence".
4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I —
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LABILITY:
Sale Of Pharmaceuticals
Bodily Injury" or " property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.
5. The following is added to the DEFINITIONS
Section:
Incidental medical services" means:
a. Medical, surgical, dental, laboratory, xr
ray or nursing service or treatment,
advice or Instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4. b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This Insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
that is available to any of your " employees"
for "bodily Injury" that arises out of providing
or failing to provide " incidental medical
services" to any person to the extent not
subject to Paragraph 2. 0.( 1) of Section II —
Who is An Insured.
K. MEDICAL PAYMENTS — INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III — LIMITS OF INSURANCE:
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury sustained by any
one person, and will be the higher of:
a. $10, 000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Umlt.
L AMENDMENT OF EXCESS INSURANCE
CONDITION — PROFESSIONAL LABILITY
The following is added to Paragraph 4. b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that Is Professional
Liability or similar coverage, to the extent the
loss 1s not subject to the professional services
exclusion of Coverage A or Coverage B.
M. BLANKET WAIVER OF SUBROGATION —
WIHEN REQUIRED BY WRfi` EN CONTRACT
OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If the Insured has agreed in a written contract or
agreement to waive that insured' s right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. " Bodily Injury" or " property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.
CGD3790219 O 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 includes copyrighted material of Insurance Services Moe, Inc. with its permission. 435
COMMERCIAL GENERAL LIABILITY
N. CONTRACTUAL LIABILITY — RAILROADS
1. The following replaces Paragraph c. of the
definition of " insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;
2. Paragraph f.(1) of the definition of " insured
contract" in the DEFINITIONS Section is
deleted.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. 436
Policy # 6308899N880
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other Insurance penults contribution
by equal shares, we will fellow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of Insurance or none of the loss remains,
whk; hever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer' s
share is based on the ratio of its applcable limit
of Insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non —Contributory Insuranee If
Required Ey Written Contract
If you spedfiically agree in a written contract or
agreement that the Insurance afforded to an
Insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis, this Insurance Is primary to other insurance that is available to such insured
which covers such Insured as a named insured,
and we will not share with that other insurance,
provided that
1) The "balky injury' or "property damage" for
which coverage is sought occurs; and
2) The " personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
In, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specllcaliy assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
s. As If each Named Insured were the only
Named Insured; and
b. Separately to each Insured against whom Balm
Is made or " suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover ail or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring " suit" or transfer those rights to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown In
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice Is mailed, proof of making will be sufficient proof of notice.
SECTION V — DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
pubkahed to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published Include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding webaftes, only that part of a webslts
that is about your goods, products or services
for the purposes of attracting customers or
supporters Is considered an advertisement
Includes copyrighted material of Insurance Services Office, Inc. with Its permission. 437
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 6308899N880
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED PROJECT( S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Project( s):
EACH " PROJECT" FOR WHICH YOU HAVE AGREED, IN
A WRITTEN CONTRACT WHICH IS IN EFFECT DURING
TH/ S POLICY PERIOD, TO PROVIDE A SEPARATE
GENERAL AGGREGATE LIMIT, PROVIDED THAT THE
CONTRACT IS SIGNED AND EXECUTED BY YOU
BEFORE THE " BODILY INJURY" OR " PROPERTY
DAMAGE" OCCURS.
A. For al sums which the insured becomes legally
obligated to pay as damages caused by " occurrences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents under COVERAGE C ( SECTION 1). which can be attributed only to operations at a single designated " project" shown in the Schedule above:
1. A separate Designated Project General Aggregate Limit applies to each designated " project". and that limit is equal to the amount of the General Aggregate Limit shown in the
Declarations, unless separate Designated
Project General Aggregate( s) are scheduled above.
2. The Designated Project General Aggregate
Limit is the most we will pay for the sum of all
damages under COVERAGE A.. except
damages because of " bodily injury" or " property damage" included in the " products - completed operations hazard". and for medical expenses under COVERAGE C, regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims
or bringing " suits".
Designated Project
General Aggregate( s):
S2, 000,00
3. Any payments made under COVERAGE A.
for damages or under COVERAGE C. for
medical expenses shall reduce the Designated Project General Aggregate Limit for that designated " project". Such payments
shall not reduce the General Aggregate Limit
shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated
project" shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented
To You and Medical Expense continue to
apply. However. instead of being subject to
the General Aggregate Limit shown in the
Declarations. such limits will be subject to the
applicable Designated Project General Aggregate Limit.
B. For all sums which the insured becomes legally
obligated to pay as damages caused by " occurrences" under COVERAGE A. (SECTION I), and for al medical expenses caused by accidents under COVERAGE C. (SECTION I). which cannot be attributed only to operations at a single designated " project" shown in the Schedule above:
CG D2 11 01 04 Copyright. The Travelers Indemnity Company. 2004 Page 1 of 2 438
COMMERCIAL GENERAL LIABILITY
1. Any payments made under COVERAGE A.
for damages or under COVERAGE C. for
medical expenses shall reduce the amount
available under the General Aggregate Limit
or the Products -Completed Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Designated Project General Aggregate Limit.
C. Part 2. of SECTION III — LIMITS OF INSURANCE
is deleted and replaced by the following:
2. The General Aggregate Limit is the most we
will pay for the sum of:
a. Damages under Coverage E3: and
b. Damages from " occurrences" under
COVERAGE A ( SECTION I) and for all
medical expenses caused by accidents
under COVERAGE C (SECTION I) which
cannot be attributed only to operations at
a single designated " project" shown in the
SCHEDULE above.
D. When coverage for liability arising out of the
products - completed operations hazard" is provided, any payments for damages because of bodily injury" or " property damage" included in
the " products -completed operations hazard" will
reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Project General Aggregate Limit.
E. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition:
Project" means an area away from premises
owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the
applicable aggregate limit of insurance, each
project" that includes premises involving the
same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of- way of a railroad shall be
considered a single " project".
F. The provisions of SECTION III — LIMITS OF
INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.
439
POLICY NUMBER: 6308899N880 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ALL PROJECTS SUBJECT TO A
WRAP- U INSURANCE PROGRAM
WITH LIMITED EXCEPTIONS FOR CERTAIN ONGOING
OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS
1. The following exclusion is added to Paragraph 2.,
Exclusions, of SECTION I — COVERAGES —
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
Wrap- uInsurance Programs
Bodily injury" or " property damage" arising out of
any project that is or was subject to a " wrap- u
insurance program".
This exclusion does not apply to " bodily injury" or
property damage" arising out of your ongoing
operations that:
1) Are being performed at any location owned
by, or rented to, you that is outside the project
site for that project and is not covered by the
wrap- u insurance program" for that project;
or
2) Are punch list or warranty work, if coverage
was available to the insured under the " wrapup insurance program" for "bodily injury" and property damage" arising out of your ongoing
operations and the " bodily injury" or "property
damage" occurs after the expiration of all
such coverage.
CGD3910813
The exceptions in this exclusion do not apply to
bodily injury" or " property damage" included in
the " products -completed operations hazard" even
if you are required to provide such coverage for
an additional insured by a written contract or
agreement.
2. The following is added to the DEFINITIONS Section:
Wrap- u insurance program" means any agreement or arrangement, including any contractor - controlled, owner -controlled or similar insurance
program, under which:
a. Some or all of the contractors working on a
specific project, or specific projects, are required to enroll in a program to obtain insurance that:
1) Includes the same or similar insurance as
that provided by this Coverage Part; and
2) Is issued specifically for injury or damage
arising out of such project or projects; and
b. You are or were enrolled or allowed to enroll.
0 2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 440
Policy Number: 8100P298320 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A.
B.
C.
D.
E.
F.
G.
BROAD FORM NAMED INSURED
BLANKET ADDITIONAL INSURED
EMPLOYEE HIRED AUTO
EMPLOYEES AS INSURED
SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS WAIVER OF DEDUCTIBLE — GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A. 1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. In A. 1.,
Who Is An Insured, of SECTION 11 — COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the " bodily injury" or
property damage" occurs and that is in effect
during the policy period, to be named as an additional insured is an " insured" for Covered Autos Liability Coverage, but only for damages to which
H.
J.
K.
L.
M.
N.
HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
PERSONAL PROPERTY
AIRBAGS
NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
BLANKET WAIVER OF SUBROGATION
UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies end only to the extent that
person or organization qualifies as an " Insured"
under the Who Is An Insured provision contained
In Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A. 1.,
Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE:
An " employee" of yours is an Insured" while
operating an " auto" hired or rented under a
contract or agreement In an " employee' s"
name, with your permission, while performing
duties related to the conduct of your business.
2. The following replaces Paragraph b. in B. 5.,
Other Insurance, of SECTION IV — BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered " autos" you own:
1) Any covered " auto" you lease, hire,
rent or borrow; and
2) Any covered " auto" hired or rented by
your " employee" under a contrail in
an " employee' s" name, with your
CAT3530215 0 2015 The Travelers Indemnity Company. Al rights reserved.
Includes copyrighted material of Insurance Services Orrice, Inc. with Its permission.
441
COMMERCIAL AUTO
permission, while performing duties
related to the conduct of your business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered " auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A. 1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any " employee" of yours is an " insured" while using a covered " auto" you don' town, hire or borrow in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
1. The following replaces Paragraph A. 2.a.(),
of SECTION II — COVERED AUTOS LIABILITY COVERAGE:
2) Up to $ 3, 000 for cost of bail bonds ( including bonds for related traffic law violations) required because of an " accident" we cover. We do not have to furnish
these bonds.
2. The following replaces Paragraph A. 2.a.( 4),
of SECTION II — COVERED AUTOS LIABILITY COVERAGE:
4) All reasonable expenses incurred by the
insured" at our request, including actual
loss of eamings up to $ 500 a day because of time off from work.
F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS The following replaces Subparagraph ( 6) in Paragraph B. 7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS:
5) Anywhere in the world, except any country or
jurisdiction while any trade sandion, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an " auto" you lease, hire, rent
or borrow from any of your " employees",
partners ( if you are a partnership), members
if you are a limited liability company) or
members of their households.
a) With respect to any claim made or " suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
i) You must arrange to defend the " insured" against, and investigate or settle any such claim or " suit" and keep us advised of all proceedings and actions.
ii) Neither you nor any other involved
Insured" will make any settlement
without our consent.
iii) We may, at our discretion, participate
in defending the " insured" against, or
in the settlement of, any claim or
suit".
iv) We will reimburse the " insured" for
sums that the " insured" legally must
pay as damages because of "bodily
injury" or " property damage" to which
this insurance applies, that the " insured" pays with our consent, but only up to the limit described in Paragraph C., Limits Of Insurance, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE.
We will reimburse the " insured" for
the reasonable expenses incurred
with our consent for your investigation of such daims and your defense of the " insured" against any such
suit", but only up to and induded
within the limit described in Paragraph C., Limits Of Insurance, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
b) This insurance is excess over any valid
and collectible other insurance available
to the ' insured" whether primary, excess,
contingent or on any other basis.
c) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada.
v)
Includes copyrighted material of Insurance Services Office, Inc. with Its permission.
CA T353 0215
442
COMMERCIAL AUTO
You agree to maintain all required or
compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not Invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the fumishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE:
No deductible for a covered " auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Paragraph A. 4.b., Loss Of Use Expenses, of SECTION 111— PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use Is $ 65 per day, to a maximum of
750 for any one " accident".
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Paragraph A. 4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE:
We will pay up to $ 50 per day to a maximum of
1, 500 for temporary transportation expense incurred by you because of the total theft of a covered " auto" of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A. 4., Coverage Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE:
Personal Property
We will pay up to $ 400 for "loss" to wearing apparel and other personal property which is:
1) Owned by an " insured"; and
2) In or on your covered " auto".
This coverage applies only in the event of a total
theft of your covered " auto".
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph B. S., Exclusions, of SECTION III — PHYSICAL DAMAGE COVERAGE:
Exclusion 3. a. does not apply to "loss" to one or
more airbags in a covered " auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A. 1.b. and A. 1.c., but
only:
a. If that "auto" Is a covered ' auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not Intentionally inflated.
We will pay up to a maximum of $ 1, 000 for any
one loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
L088
The following is added to Paragraph A. 2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representative prompt notice of the " accident" or " loss" applies only when the " accident" or " loss" is known to:
a) You (if you are an individual);
b) A partner ( if you are a partnership);
c) A member ( if you are a limited liability cornpany); d) An executive officer, director or insurance
manager ( if you are a corporation or other organization); or e) Any "employee" authorized by you to give no -
tine of the " arrirtent" nr " Inss"
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A. 6., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDITIONS:
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any " accident"
or " loss", provided that the " accident" or loss"
arises out of operations contemplated by
CA T3 53 0215 2015 The Travelers Indemnity Company. Al rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
443
COMMERCIAL AUTO
such contract. The waiver applies only to the
person or organization designated in such
contract.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B. 2., Concealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS:
The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal.
2015 The Travelers Indemnity Company. Al rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with Its permission.
CA T3 53 0215
444
Policy # 8100P298320
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON- CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. The following is added to Paragraph A. 1.c., Who
Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
This Includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
bodily injury" or " property damage" occurs and
that is in effect during the policy period, to name
as an additional Insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person' s or organization' sliability for the
conduct of another "insured".
CA T4 74 02 16
2. The following is added to Paragraph B.., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part B. Other Insurance, this
insurance is primary to and non- contributory with
applicable other insurance under which an
additional Insured person or organization is the
first named Insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
bodily Injury" or " property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non- contributory.
6 2010 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. wkh Its permission.
445
TRAVELERSJ WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) —
POLICY NUMBER: UB- 4J940442
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium.
Schedule
Person or Organization Job Description
Any person or organization for which the named
insured has agreed by written contract
executed prior to loss to furnish this waiver.
As required by Written Contract
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 09/1/ 2023 Policy No. UB- 4J940442 Endorsement No.
Insured Engeo Inc. Premium
Insurance Company Travelers Property Casualty Countersigned by DATE OF ISSUE: ST ASSIGN: CA Page 1 of 1
446
ITEM 4. 21
CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ADOPT POLICY FOR THE ALLOCATION OF
WASTEWATER TREATMENT CAPACITY IN THE PHASE
3 EXPANSION OF THE LATHROP CONSOLIDATED
TREATMENT FACILITY AND APPROVE USE OF THE
PHASE 2 FLOAT CAPACITY
RECOMMENDATION: Adopt Resolution Approving Policy for the Allocation of Wastewater Treatment Capacity in the Phase 3
Expansion of the Lathrop Consolidated Treatment
Facility and Approving the Use of the Phase 2 Float
Capacity
SUMMARY:
The Lathrop Consolidated Treatment Facility Phase 3 Expansion ( Phase 3 Expansion) Capital Improvement Project ( CIP) WW 22- 38, will add 2. 5 Million Gallons per Day MGD) of wastewater treatment capacity to the current 2. 5 MGD provided with the Phase 2 Expansion of the Lathrop Consolidated Treatment Facility ( Phase 2 Expansion), totaling 5 MGD. This expansion is essential for future development throughout the City.
To minimize delay in processing changes to existing facilities and new development, staff is requesting Council to approve and adopt the proposed Wastewater Treatment Capacity Policy for the Phase 3 Expansion ( Policy). If approved, the City Manager will be authorized to allocate capacity from the Phase 3 Expansion to existing facilities and future development, as described in Attachment " B".
On February 12, 2024, City Council approved the Design and Construction Funding Agreement with River Islands ( Agreement) outlining the extent of funding responsibilities between the City of Lathrop and River Islands Development, LLC River Islands) and the reserved future capacity between both parties. The Agreement also permitted River Islands to utilize Phase 2 Expansion Float Capacity while the Phase 3 Expansion is being constructed, as defined in the Background section of this report.
Staff is requesting Council to authorize the City Manager to allocate Phase 2 Expansion Float Capacity to allow existing facility modifications and development to proceed during the Phase 3 Expansion construction. Once the Phase 3 Expansion is in operation, any allocated Phase 2 Expansion Float Capacity will be transferred to Phase 3 Expansion capacity.
447
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ADOPT POLICY FOR ALLOCATION OF WASTEWATER TREATMENT CAPACITY IN THE PHASE 3 EXPANSION OF THE LATHROP CONSOLIDATED TREATMENT FACILITY AND APPROVE USE OF THE PHASE 2 FLOAT CAPACITY
BACKGROUND:
On November 21, 2016, City Council approved a Design and Construction Funding Agreement related to the Lathrop Consolidated Treatment Facility Phase 2 Expansion WW 14-4) and related improvements needed to address treatment facility deficiencies through the Crossroads Decommissioning ( WW 15- 20) and the Sewer Plant Upgrades ( WW 12- 07) to replace the City' s existing 1 MGD treatment facility with a 2. 5 MGD treatment facility. On May 13, 2019, City Council accepted the Phase 2 Expansion improvements.
On November 8, 2021, City Council approved the creation of CIP WW 22- 38 Lathrop Consolidated Treatment Facility Phase 3 Expansion and a Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. ( PACE). The Phase 3 Expansion will provide an additional 2. 5 MGD of wastewater treatment capacity to the existing 2. 5 MGD capacity for a total treatment capacity of 5 MGD. On April 10, 2023, City Council approved the purchase of headworks equipment from Zima Corporation, facilitating the Phase 3 Expansion.
On February 12, 2024, City Council approved the Design and Construction Funding Agreement with River Islands ( Agreement) to specify the funding responsibilities of both parties. Pursuant to the Agreement, the City reserved 500, 00 Gallons per Day GPD) for future development outside of the River Islands development, which will be sold and assigned to various projects during the entitlement and building permit phases.
There is roughly a one- year delay between allocating wastewater capacity to residential lots during final map approval and the actual wastewater flow reaching the treatment facility ( Float Capacity). The Agreement outlines the use of the Float Capacity in Phase 2 Expansion for River Islands up to an amount not to exceed 119, 024 GPD. Staff is requesting Council authorize the City Manager to also utilize Phase 2 Float Capacity, up to an amount not to exceed 119, 024 GPD, matching the Float Capacity of River Islands, to allow for existing facility modifications and development to continue. The Float Capacity will be allocated based on the following priority list:
1. True - up of capacity for existing facilities in the case of project expansions or increase in effluent due to change in use.
2. Infill projects - Projects that involve building on unused or underused parcels of land surrounded by existing development.
3. New development ( non- infill).
Once the Phase 3 Expansion is complete, staff will transfer the Float Capacity from the Phase 2 Expansion to the capacity in the Phase 3 Expansion, eliminating the need 448
CITY MANAGER' SREPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ADOPT POLICY FOR ALLOCATION OF WASTEWATER TREATMENT CAPACITY IN THE PHASE 3 EXPANSION OF THE LATHROP CONSOLIDATED TREATMENT FACILITY AND APPROVE USE OF THE PHASE 2 FLOAT CAPACITY
to utilize Float Capacity from the Phase 2 Expansion. Phase 3 Expansion is fully funded and is expected to be operational in 2 years.
To keep up with the pace of development, staff is also requesting that Council approve and adopt the proposed Policy. The purpose of the proposed Policy is to promote faster processing of modifications to existing facilities and development projects. Pursuant to the proposed Policy, staff requests Council to authorize the City Manager to allocate wastewater treatment capacity from the Phase 3 Expansion based on the same priority list provided above.
REASON FOR RECOMMENDATION:
Adoption of the Wastewater Treatment Capacity Policy for the Phase 3 Expansion will promote faster processing for changes to existing facilities and approvals for new development. Allowing staff to use Float Capacity of the Phase 2 Expansion will allow developers and existing businesses to continue investing in the City without having to wait for the completion of the Phase 3 Expansion.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Resolution Approving the Adoption of Policy for the Allocation of Wastewater Treatment Capacity in the Phase 3 Expansion of the Lathrop Consolidated Treatment Facility and Approve the Use of the Phase 2 Float Capacity B. City of Lathrop Wastewater Treatment Capacity Policy for Phase 3 Expansion
449
CITY MANAGER' S REPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ADOPT POLICY FOR ALLOCATION OF WASTEWATER TREATMENT CAPACITY IN THE PHASE 3 EXPANSION OF THE LATHROP CONSOLIDATED TREATMENT FACILITY AND APPROVE USE OF THE PHASE 2 FLOAT CAPACITY
APPROVALS:
Assistant
Bellal Nabizadah Date
B/ 3o/ 2
Engineer
Brad ylor
City Engineer
Cari . me
Finance Director
s/ 3o/ ooV -t
Date
C/ 6/ cP, Poq Date
to • 3 • 2o2' f
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Go• s•zil
Stepen J. Salvatore Date
City Manager
450
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING POLICY FOR THE ALLOCATION OF WASTEWATER TREATMENT CAPACITY IN THE PHASE 3 EXPANSION OF THE LATHROP CONSOLIDATED TREATMENT FACILITY AND APPROVE THE USE OF THE PHASE 2 FLOAT
CAPACITY
WHEREAS, on November 21, 2016, City Council approved the Design and Construction Funding Agreement related to the Lathrop Consolidated Treatment Facility Phase 2 Expansion ( WW 14- 14) and related improvements needed to address treatment facility deficiencies through the Crossroads Decommissioning ( WW 15- 20) and the Sewer Plant Upgrades ( WW 12- 07) to replace the City' s existing 1 MGD treatment facility with a 2. 5 MGD treatment facility ( Phase 2 Expansion). On May 13, 2019, City Council accepted the Phase 2 Expansion improvements; and WHEREAS, on November 8, 2021, City Council approved the creation of CIP WW 22- 38 Lathrop Consolidated Treatment Facility Phase 3 Expansion ( Phase 3 Expansion) and a Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. (PACE). The Phase 3 Expansion will provide an additional 2. 5 MGD of wastewater treatment capacity to the existing 2. 5 MGD capacity for a total treatment capacity of 5 MGD. On April 10, 2023, City Council approved the purchase of headworks equipment from Zima Corporation, facilitating the Phase 3 Expansion; and
WHEREAS, on February 12, 2024, City Council approved the Design and Construction Funding Agreement with River Islands ( Agreement) to specify the funding responsibilities of both parties. Pursuant to the Agreement, the City reserved 500, 00 Gallons per Day ( GPD) for future development outside of the River Islands development, which will be sold and assigned to various projects during the entitlement and building permit phases; and
WHEREAS, there is roughly a one- year delay between allocating wastewater capacity to residential lots during final map approval and the actual wastewater flow reaching the treatment facility ( Float Capacity). The Agreement outlines the use of the Float Capacity in Phase 2 Expansion for River Islands up to an amount not to exceed 119, 024 GPD; and
WHEREAS, staff is requesting Council authorize the City Manager to also utilize Phase 2 Float Capacity, up to an amount not to exceed 119, 024 GPD, matching the Float Capacity of River Islands, to allow for existing facility modifications and development to continue; and
WHEREAS, the Float Capacity will be allocated based on the following priority list:
1. True -up of capacity for existing facilities in the case of project expansions or increase in effluent due to change in use.
451
2. Infill projects - Projects that involve building on unused or underused parcels of land surrounded by existing development.
3. New development ( non- infill); and
WHEREAS, once the Phase 3 Expansion is complete, staff will transfer the Float Capacity from the Phase 2 Expansion to the capacity in the Phase 3 Expansion, eliminating the need to utilize Float Capacity from the Phase 2 Expansion. Phase 3 Expansion is fully funded and is expected to be operational in 2 years; and WHEREAS, to keep up with the pace of development, staff is also requesting that Council approve and adopt the proposed Policy. The purpose of the proposed Policy is to promote faster processing of modifications to existing facilities and development projects; and
WHEREAS, pursuant to the proposed Policy, staff requests Council to authorize the City Manager to allocate wastewater treatment capacity from the Phase 3 Expansion based on the same priority list provided above; and WHEREAS, allowing staff to use Float Capacity of the Phase 2 Expansion will allow developers and existing businesses to continue investing in the City without having to wait for the completion of the Phase 3 Expansion; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby adopt the Policy for the allocation of wastewater treatment capacity in the Phase 3 Expansion and the use of the Phase 2 Float Capacity, included as Attachment " B" to the City Manager' s Report that accompanied this Resolution. 452
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 453
CITY OF LATHROP
WASTEWATER TREATMENT CAPACITY ALLOCATION POLICY FOR PHASE 2 EXPANSION FLOAT CAPACITY AND PHASE 3 EXPANSION CAPACITY OF THE
LATHROP CONSOLIDATED TREATMENT FACILITY
APPROVED BY CITY COUNCIL RESOLUTION 24 -
JUNE 10, 2024
Purpose: To Allocate, Reallocate, and/ or Transfer Wastewater Treatment Capacity in the Lathrop Consolidate Treatment Facility.
Introduction:
Staff recognizes the need for an efficient process to allocate wastewater treatment capacity to support existing facilities and future development. To facilitate this, the City Manager is hereby authorized to allocate wastewater treatment capacity to existing facilities and development projects within the guidelines and limitations set forth in this policy.
Scope:
This policy applies to all existing facilities and development projects within the City that require wastewater treatment capacity allocation or wastewater capacity true -up.
Definitions:
A. "City Manager" shall mean the City Manager of the City of Lathrop or their designee.
B. "Phase 2 Float Capacity" is defined as the delay between allocating wastewater capacity to residential lots during final map approval and the actual wastewater flow reaching the treatment facility
C. " Phase 3 Expansion" is defined as the Lathrop Consolidated Treatment Facility Phase 3 Expansion
Provisions:
1. Authorization:
a. The City Manager is granted the authority to allocate wastewater treatment capacity to existing facilities and development projects. b. This authority includes, but is not limited to, initial allocations, reallocations, and adjustments of wastewater treatment capacity as necessary to meet the needs of existing facilities and development projects.
c. The allocation shall be determined by the City Engineer. 454
2. Guidelines for Allocation:
a. Allocations shall be made in accordance with the City' s Standards for
wastewater treatment capacity and under the supervision of the City Engineer.
b. Priority of wastewater treatment capacity allocation will be given in the following order:
1. True -up of capacity for existing facilities in the case of project expansions or increase in effluent due to change in use.
2. Infill projects - Projects that involve building on unused or underused parcels of land surrounded by existing development.
3. New development ( non- infill).
c. Once the Phase 3 Expansion is in operation, any allocated Phase 2 Expansion Float Capacity will be transferred to Phase 3 Expansion capacity and Phase 2 Float Capacity will no longer be an option for wastewater treatment capacity.
3. Limitations:
a. Allocations must be within the overall capacity available as determined by the City Engineer.
1. Phase 2 Float Capacity shall not exceed 119, 024 gallons per day b. This policy does not absolve any development project from adhering to all other necessary approvals and permits required by the City, County, Sate, or Federal agencies. All development projects must still comply with all relevant building codes, environmental regulations, and zoning ordinances.
4. Reporting and Accountability:
a. The City Engineer shall ensure that allocations are documented and tracked to maintain an accurate record of the City' s
wastewater treatment
capacity usage.
5. Review and Adjustment
a. Adjustments to this Policy may be made by City Council as needed based on recommendations from the City Manager and relevant stakeholders. 455
PAGE LEFT
INTENTIONALLY
BLANK
456
ITEM 4. 22
CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH
CIP PS 24- 31, LOCATED ON YOSEMITE AVENUE,
APPROVE AMENDMENT NO. 1 TO THE
REIMBURSEMENT AGREEMENT WITH YOSEMITE
LATHROP 2, LLC, AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Associated with CIP PS 24- 31, Located on Yosemite
Avenue, Approving Amendment No. 1 to the
Reimbursement Agreement with Yosemite Lathrop
2, LLC, and Approving Budget Amendment
SUMMARY:
On February 12, 2024, City Council approved the creation of Capital Improvement Project ( CIP) PS 24- 31, Yosemite Avenue Pavement Rehabilitation ( Project), and a Reimbursement Agreement with Yosemite Lathrop 2, LLC ( Phelan) to address and repair the deteriorating pavement surface on Yosemite Avenue between D' Arcy Parkway and McKinley Avenue. Phelan has completed their portion of the public improvements associated with the Project and a Location Map is included as Attachment " B".
Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and city specifications by the City Engineer. The approximate value of the public improvements constructed is $ 893, 169. Phelan has submitted lien releases confirming all sub -contractors and suppliers have been paid in full. Staff requests Council accept the public improvements associated with CIP PS 24- 31.
The Public Infrastructure Reimbursement Agreement between the City of Lathrop and Yosemite Lathrop 2, LLC Relating to Capital Improvement Project ( CIP) PS 24- 31 Yosemite Avenue Pavement Rehabilitation ( Reimbursement Agreement) included a reimbursement amount of $ 749, 551 and the approved budget for CIP PS 24- 31 was 799, 551. Due to changes in project scope during construction, the total cost of the improvements is $ 893, 169, therefore staff request Council approve an amendment to the Reimbursement Agreement to add $ 143, 618 and a budget amendment to the CIP for $ 143, 618.
BACKGROUND:
Yosemite Avenue is an east -west arterial that has seen significant traffic due to the rapid growth of the City and the increase in warehouse facilities fronting the road.
The road is bound by commercial and industrial zoning and is utilized for access to 457
CITY MANAGER' SREPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH CIP PS 24- 31, LOCATED ON YOSEMITE AVENUE, APPROVE AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH YOSEMITE LATHROP 2, LLC, AND
APPROVE BUDGET AMENDMENT
State Route ( SR) 120. Through field observations, staff assessed the condition of Yosemite Avenue from SR120 to the eastern City limits and determined that it requires rehabilitation. Staff proposed the creation of the CIP PS 24- 31 to facilitate the rehabilitation of Yosemite Avenue.
The developer of the Gateway Specific Plan area, Phelan, was repaving and expanding the south side of Yosemite Avenue along the entire frontage of their development, as required by their Subdivision Improvement Agreement ( SIA). Phelan agreed to repave a portion of Yosemite Avenue, beyond the requirements of their SIA and concurrently with the improvements on the south side of Yosemite Avenue, contingent on the approval of a reimbursement agreement.
On February 12, 2024, Council approved the creation of CIP PS 24- 31 to facilitate the pavement rehabilitation of Yosemite Avenue and the Reimbursement Agreement between the City and Phelan relating to the CIP PS 24- 31 Project for the improvements depicted in Attachment " B" with a reimbursement amount not to exceed $ 749, 551.
Construction of the improvements are complete and the approximate value of the improvements proposed to be accepted is $ 893, 169. These improvements have been inspected by staff and deemed complete, and in accordance with the approved plans and City specifications by the City Engineer.
The final costs have exceeded the reimbursement amount due to the unexpected depth of grind required to achieve proper repair of certain sections of the road and Phelan has requested to amend the Reimbursement Agreement to match the final costs of the improvements.
Staff requests City Council accept the completed public improvements associated with CIP PS 24- 31 and approve the amendment to the Reimbursement Agreement to adjust the reimbursement amount to match the final costs of the improvements requested by City.
REASON FOR RECOMMENDATION:
Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. Phelan has submitted lien releases for the improvements being accepted. 458
CITY MANAGER' SREPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH CIP PS 24- 31, LOCATED ON YOSEMITE AVENUE, APPROVE AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH YOSEMITE LATHROP 2, LLC, AND
APPROVE BUDGET AMENDMENT
FISCAL IMPACT:
The approximate value of the improvements proposed to be accepted are $ 893, 169.
The reimbursement amount will be funded from CIP PS 24- 31, Yosemite Avenue Pavement Rehabilitation, however, sufficient funds were not allocated with the creation of CIP PS 24- 31. Staff is requesting the approval of a budget amendment transferring $ 143, 618 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000 PS 24- 31
Increase Appropriation
3310- 8000- 420- 10 PS 24- 31
143, 618
143, 618
143, 618
143, 618
The future maintenance cost of these improvements will be paid from Fund 2080 Streets).
ATTACHMENTS:
A. Resolution Accepting Public Improvements Associated with CIP PS 24- 31, Located on Yosemite Avenue, Approve Amendment No. 1 to the Reimbursement Agreement with Yosemite Lathrop 2, LLC, and Approve Budget Amendment
B. Project Location Map
C. Amendment No. 1 to the Public Infrastructure Reimbursement Agreement Between the City of Lathrop and Yosemite Lathrop 2, LLC Relating to Capital Improvement Project ( CIP) PS 24- 31 Yosemite Avenue Pavement Rehabilitation
459
CITY MANAGER' S REPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH CIP PS 24- 31, LOCATED ON YOSEMITE AVENUE, APPROVE AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH YOSEMITE LATHROP 2, LLC, AND
APPROVE BUDGET AMENDMENT
APPROVALS:
S/ 24/1}
B Ifal Nabizadah Date
Assistant Engineer
Ken
11a- ya, c2, o(
Reed Date
Senior Construction Manager
Brad ylor
City Engine
241/ 4ozy
Date
4:15/ 20s9
Cari air . Date
Finance 1 ector
s• z$ • zoz' i
Michael King Date
Assistant City Manager
3i• LV Salvador Navarrete Date
City Attorney
to. 5- 14
Step n J. Salvatore Date
City Manager
460
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS ASSOCIATED WITH CIP PS 24- 31, LOCATED ON YOSEMITE VENUE, APPROVING AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH YOSEMITE LATHROP 2, LLC, AND APPROVING BUDGET
AMENDMENT
WHEREAS, Yosemite Avenue is an east -west arterial that has seen significant traffic due to the rapid growth of the City of Lathrop ( City) and the increase in warehouse facilities fronting the road. The road is bound by commercial and industrial zoning and is utilized for access to State Route ( SR) 120; and WHEREAS, through field observations, staff assessed the condition of Yosemite Avenue from SR120 to the eastern City limits and determined that it requires rehabilitation. Staff proposed the creation of the Capital Improvement Project ( CIP) PS 24- 31 to facilitate the rehabilitation of Yosemite Avenue; and WHEREAS, the developer of the Gateway Specific Plan area, Phelan, was repaving and expanding the south side of Yosemite Avenue along the entire frontage of their development, as required by their Subdivision Improvement Agreement SIA); and
WHEREAS, Phelan agreed to repave a portion of Yosemite Avenue, beyond the requirements of their SIA and concurrently with the improvements on the south side of Yosemite Avenue, contingent on the approval of a reimbursement agreement; and
WHEREAS, On February 12, 2024, Council approved the creation of CIP PS 24- 31 to facilitate the pavement rehabilitation of Yosemite Avenue and the " Public Infrastructure Reimbursement Agreement between the City of Lathrop and Yosemite Lathrop 2, LLC Relating to Capital Improvement Project ( CIP) PS 24- 31 Yosemite Avenue Pavement Rehabilitation" ( Reimbursement Agreement) for the improvements depicted in Attachment " B" of the City Manager' s Report that accompanied this Resolution with a reimbursement amount not to exceed $ 749, 551; and WHEREAS, construction of the improvements are complete and the approximate value of the improvements proposed to be accepted is $ 893, 169; and WHEREAS, staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and
WHEREAS, Phelan has submitted lien releases for the improvements being accepted; and
WHEREAS, the final costs have exceeded the original reimbursement amount due to the unexpected depth of grind required to achieve proper repair of certain 461
sections of the road and Phelan has requested to amend the Reimbursement Agreement to match the final costs of the improvements; and WHEREAS, staff requests City Council accept the public improvements associated with CIP PS 24- 31 from Phelan; and
WHEREAS, staff requests that Council approve Amendment No. 1 to the Public Infrastructure Reimbursement Agreement between the City of Lathrop and Yosemite Lathrop 2, LLC Relating to Capital Improvement Project ( CIP) PS 24- 31 Yosemite Avenue Pavement Rehabilitation to increase the reimbursement amount not to exceed $ 893, 169; and
WHEREAS, staff requests the approval of a budget amendment transferring 155, 000from the General Fund Street Repair ( 1010) to the CIP Project Fund ( 3310) as follows.
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
143, 618
143, 618
PS 24- 31 $ 143, 618
PS 24- 31 $ 143, 618
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Phelan on Yosemite Avenue; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the Amendment No. 1 to the Public Infrastructure Reimbursement Agreement between the City of Lathrop and Yosemite Lathrop 2, LLC Relating to Capital Improvement Project ( CIP) PS 24- 31 Yosemite Avenue Pavement Rehabilitation to increase the reimbursable amount not to exceed $ 893, 169; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 143, 618 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above. 462
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 463
464
AMENDMENT NO. 1 TO THE PUBLIC INFRASTRUCTURE
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LATHROP AND YOSEMITE LATHROP 2, LLC RELATING TO CAPITAL IMPROVEMENT PROJECT ( CIP) PS 24- 31 YOSEMITE AVENUE PAVEMENT
REHABILITATION
This Amendment No. 1 to the Public Infrastructure Reimbursement Agreement between the City of Lathrop and Yosemite Lathrop 2, LLC Relating to Capital Improvement Project ( CIP) PS 24- 31 Yosemite Avenue Pavement Rehabilitation (" Amendment No. 1"), 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 Yosemite Lathrop 2, LLC, a Delaware limited liability company (" Developer"). City and Developer may be collectively referred to herein as the " Parties" or individually as a " Party".
RECITALS
A. Parties entered into Public Infrastructure Reimbursement Agreement Relating to CIP PS 24- 31, Yosemite Avenue Pavement Rehabilitation (" Agreement") on February 12, 2024.
B. City agreed to reimburse Developer an amount not to exceed $ 749, 551 for the project referenced in the Agreement (" Project").
C. Developer provided reasonable documentation of the actual costs incurred for the Project, as defined in Section 2. b. iii of the Agreement, showing the Developer paid $ 893, 169 for the Project.
D. City may accept the improvements for the Project through the adoption of the Resolution that accompanied this proposed Amendment No. 1 on the June 10, 2024 Council Meeting of the City.
E. Parties wish to amend the Agreement to allow the City to reimburse the Developer for the total cost incurred to complete the reimbursable public improvements as defined in Recital B of the Agreement.
THEREFORE, City and Developer agree to amend the Agreement as follows:
AMENDMENT
1. The reimbursement, as defined in Recital C of the Agreement shall be increased to an amount not to exceed $ 893, 169
IN WITNESS WHEREOF, the Parties have entered into this First Amendment effective upon Council approval.
1 465
CITY: DEVELOPER:
CITY OF LATHROP, a California YOSEMITE LATHROP 2, LLC,
municipal corporation A Delaware limited liability company By:
Stephen J. Salvatore
City Manager
ATTEST:
City Clerk of and for the City of Lathrop,
State of California
By:
Teresa Vargas
City Clerk
APPROVED AS TO FORM:
By:
Salvador Navarrete
City Attorney
By: Phelan- Haugen, LLC,
a California limited liability
company,
Its Managing Member
By: Haugen Investments, LLC,
a California limited liability
company,
Its Manager
By:
David M. Haugen, Manager
2 466
ITEM 4. 23
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH
EP NO. 2023- 85, LOCATED AT 1262 E MADRUGA
ROAD FROM CLEAN ENERGY FUELS
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2023- 85,
Located at 1262 E Madruga Road from Clean Energy
Fuels
SUMMARY:
Clean Energy Fuels ( Clean Energy), the developer of the improvements at 1262 E Madruga Road, has completed the public improvements associated with Encroachment Permit No 2023- 85 (EP 23- 85). A Vicinity Map of the improvements is included in Attachment " B".
Staff has inspected the improvements and they have been deemed complete and as accordance with the approved plans and city specifications by the City Engineer. The approximate value of the public improvements constructed is $ 129, 385, as shown in the GASB 34 Report included as Attachment " C".
Clean Energy provided a one- year warranty bond based on 10% of the construction costs, as well as lien releases for the improvements to be accepted.
Staff requests City Council accept the public improvements associated with the EP 23- 85.
BACKGROUND:
The City of Lathrop Community Development Department Planning Division approved the Minor Site Plan Review No 21- 5 (MSPR 21- 5) on April 16, 2021 to authorize the modification of the existing site in phases for Clean Energy located at 1262 E Madruga Road. Phase 1 included expansion of the existing facilities to accommodate additional fueling capacity with the following improvements: 4 additional fuel pumps, a 1, 800 square foot canopy, landscaping, additional storage, and paving.
The Conditions of Approval ( COAs) associated with the entitlements of the project required the installation of frontage improvements, including connecting to the main water line for irrigation.
467
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023- 85, LOCATED AT 1262 E MADRUGA ROAD FROM CLEAN ENERGY FUELS
Construction of the frontage improvements associated with EP 23- 85 are complete and the approximate value of the improvements proposed to be accepted is $ 129, 385 as shown in the GASB34 Report. These improvements have been inspected by staff and deemed complete, and in accordance with the approved plans and City specifications by the City Engineer.
Clean Energy provided a performance bond ( 800116924) with EP 23- 85 in the amount shown in Table 1 below that guaranteed the construction of the offsite improvements. The performance bond will be released and replaced with the oneyear warranty bond, based on 10% of the construction cost, upon acceptance of the improvements. The warranty bond amount is detailed in Table 1 below.
Table 1
Description Performance Bond Warranty Bond
Number & Amount
Encroachment Permit
23- 85
800116924
17, 370
0261164
12, 939
REASON FOR RECOMMENDATION:
Construction of the public improvements associated with EP 23- 85 is complete and has been inspected by City staff to ensure conformance with the approved plans.
Clean Energy has submitted lien releases, a one- year warranty bond ( 0261164), and as -built drawings, for the improvements being accepted.
Staff request Council accept the completed public improvements and City staff will subsequently release the performance bond ( 800116924).
FISCAL IMPACT:
Beginning with this acceptance, the one- year warranty bond covers any defective materials or workmanship in connection with the completed improvements for repairs or replacements that become necessary during the initial year of service.
The future maintenance costs are budgeted for in Fiscal Year 2024-025 budget. The public improvements listed in the GASB 34 Report detail the $ 129, 385 expended.
These improvements will become capital assets of the water system and will be added to the City' s annual comprehensive financial reports.
468
CITY MANAGER' SREPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023- 85, LOCATED AT 1262 E MADRUGA ROAD FROM CLEAN ENERGY FUELS
ATTACHMENTS:
A. Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2023- 85, Located at 1262 E Madruga Road from Clean Energy
B. Vicinity Map
C. GASB 34 Report - 1262 E Madruga Road
469
CITY MANAGER' SREPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023- 85, LOCATED AT 1262 E MADRUGA ROAD FROM CLEAN ENERGY FUELS
APPROVALS:
1/,
Veronica Ibarran Date
Junior Engineer
Ken Reed
Senior Construction Manager
Brad lor
City Engineer
Cari J. • e
Finance I'rector
Date
Date
5A -5/ 7- 02- A- 1
Date
Michael King Date
5*• ZS•o2' 1
Assistant City Manager
Salvador Navarrete Date
City Attorney
S- 3® Z4
Stephef J. Salvatore Date
City Manager
470
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2023- 85, LOCATED AT 1262 E MADRUGA ROAD FROM CLEAN ENERGY FUELS WHEREAS, the City of Lathrop Community Development Department, Planning Division, approved the Minor Site Plan Review No 21- 5 (MSPR 21- 5) on April 16, 2021 to authorize the modification of the existing site in phases for Clean Energy Fuels ( Clean Energy) located at 1262 E Madruga Road. Phase 1 included expansion of the existing facilities to accommodate additional fueling capacity with the following improvements: 4 additional fuel pumps, a 1, 800 square foot canopy, landscaping, additional storage, and paving; and
WHEREAS, the Conditions of Approval ( COAs) associated with the entitlement of the project required the installation of frontage improvements, including connecting to the main water line for irrigation; and
WHEREAS, construction of the frontage improvements associated with EP 23- 85 are complete and the approximate value of the improvements proposed to be accepted is $ 129, 385 as shown in the GASB34 Report included as Attachment C of the City Manager' sReport that accompanies this Resolution; and WHEREAS, Clean Energy provided a performance bond ( 800116924) with Encroachment Permit No 2023- 85 (EP 23- 85) in the amount shown in Table 1 below that guaranteed the construction of the offsite improvements. The performance bond will be released and replaced with the one- year warranty bond, based on 10% of the construction cost, upon acceptance of the improvements. The warranty bond amount is detailed in Table 1 below
Table 1
Description Performance Bond Warranty Bond
Number & Amount
Encroachment Permit
23- 85
800116924
17, 370
0261164
12, 939
and
WHEREAS, staff has inspected the public improvements associated with EP 23- 85 listed in the GASB 34 Report and deemed complete and in accordance with the approved plans and specification by the City Engineer; and WHEREAS, Clean Energy has submitted lien releases, a one- year warranty bond, and as -built drawings, for the improvements being accepted; and WHEREAS, the one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
471
WHEREAS, the future maintenance costs are budgeted for in fiscal year 2024- 2025 budget. The public improvements listed in the GASB 34 Report detail the 129, 385 expended. These improvements will become capital assets of the water system and will be added to the City' s annual comprehensive financial reports.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements associated with EP No. 2023- 85 from Clean Energy Fuels located at 1262 E Madruga Road. 472
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 473
VICINITY
MAP -
OFF -
SITE
WATER
LINE
0 30
60 120
180
1"=
60'
COMPRESSED
NATUR
AL
GAS
FUELING
FACILITY
VICINITY
M
AP
FOR
CITY
OF
LATHRO
P
SCALE:
1" =
60'
in
Clean Ene
rgy
4675
MACARTHUR
COURT,
SUITE
6001
NEWPORT
BEACH,
CA
92660
TEL
949
437
1 1000
FAX
949
724
1397
rmw.
d66666,
gy
l
eX
00 m
DESIGNER
P.
BINER
DATE
4/
APPROVAL: BUSINESS
DEVELOPMENT CUSTOMER
APPROVA L
24/ 2024
CP- 1. 0
Users \
panteha. bine
r\
Cle
an
Ene
rgy
Fue
ls
Corp \
Enginee ri
g
Design -
Projects \
Lathrop,
CA (
18543.02.03)\Vicicnity
M
ap .
dwg
474
ATTACHMENT
City of Lathrop
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Bradley Beaudette
Project Name: Off -Site Water Main Line Tie In for
Irrigation
Item
GPR
Traffic Control
Saw cut, Demo and Haul off
Traffic Striping
Import backfill materials
Concrete Slurry
1" Water Service ( including all appurtenances)
Compaction Testing
Date: 4/ 23/024
Unit Qtv Unit Price Amount
LS 1 $ 6, 800. 0 $6, 800. 0
LS 1 $ 17, 089.0 $17, 089.0
LS 1 $ 25, 323. 00 $25, 323. 00
LS 1 $ 3, 200. 0 $3, 200. 0
LS 1 $ 7, 500. 0 $7, 500. 0
LS 1 $ 27, 690. 0 $27, 690. 0
EA 1 $ 39, 725. 00 $39, 725. 00
EA 1 $ 2, 058.0 $2, 058.0
Total $ 129, 385. 00
475
PAGE LEFT
INTENTIONALLY
BLANK
476
ITEM 4. 24
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH
EP NO. 2023- 165, LOCATED ON JEFFERSON WAY
FROM SOUTH LATHROP LAND, LLC
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2023- 165,
Located on Jefferson Way from South Lathrop Land,
LLC
SUMMARY:
South Lathrop Land, LLC ( SLL), the developer for the South Lathrop Commerce Center ( SLCC) Project, has completed the public improvements associated with Encroachment Permit No 2023- 165 (EP 23- 165) in accordance with their Subdivision Improvement Agreement ( SIA) for Parcel Map ( PM) 17- 01, dated September 10, 2018. A Vicinity Map of the improvements is included in Attachment " B".
Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and city specifications by the City Engineer. The approximate value of the public improvements constructed is $ 414, 607, as shown in the GASB 34 Report included as Attachment " C".
SLL provided a one- year warranty bond based on 10% of the construction costs, as well as lien releases for the improvements to be accepted.
Staff requests City Council accept the public improvements associated with EP 23- 165.
BACKGROUND:
On July 20, 2015, the South Lathrop Specific Plan ( SLSP) was adopted by City Council and annexed into the City of Lathrop on June 14, 2016. The SLSP annexation includes a 99 -acre portion of the Lathrop Gateway Business Park Specific Plan and encompasses a 315 -acre area that includes commercial office uses, limited industrial uses, and open space.
On April 18, 2016, City Council approved SLCC Vesting Tentative Parcel Map ( VTM) No. 15- 94 with Conditions of Approval ( COAs) for development consistent with SLSP.
The SLCC Project is generally located at the southeast portion of the City limits bounded by State Route 120 to the north, San Joaquin River to the west, and the Union Pacific Railroad to the south.
On January 13, 2020, City Council accepted various offsite improvements from SLL that were construted in accordance with their SIA and Development Agreement 477
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023- 165,
LOCATED ON JEFFERSON WAY FROM SOUTH LATHROP LAND, LLC
DA), including backbone infrastructure improvements, a regional outfall structure, a storm drain pump station, a sanitary sewer pump station, a traffic signal, and highway interchange improvements.
Construction of the landscape improvements associated with EP 23- 165 are complete and the approximate value of the improvements proposed to be accepted is $ 414, 607 as shown in the GASB34 Report. These improvements have been inspected by staff and deemed complete, and in accordance with the approved plans and City specifications by the City Engineer.
The performance bond ( K13490624) and labor and materials bond ( K13490624) in the amounts shown in Table 1 below guarantee the construction of improvements, as detailed in the SIA. The bonds will remain in place until all improvements as detailed in the SIA are inspected by staff and deemed complete by the City Engineer.
SLL has provided a one- year warranty bond, based on 10% of the construction cost, which will cover the completed improvements, as well as developer and contractor lien releases. The warranty bond amount is detailed in Table 1 below Table 1
Description
Performance
Bond
Labor and
Materials Bond Warranty Bond
Encroachment Permit
23- 165
K13490624
27, 338, 889
K13490624
13, 669, 445
CIC1945296
41,61
REASON FOR RECOMMENDATION:
Construction of the public improvements associated with EP 23- 165 is complete and has been inspected by City staff to ensure conformance with the approved plans.
SLL has submitted lien releases, a one- year warranty bond ( CIC1945296), and as - built drawings, for the improvements being accepted.
Staff request Council accept the completed public improvements and City staff will subsequently release the performance bond ( K13490624) of the relevant category.
FISCAL IMPACT:
Beginning with this acceptance, the one- year warranty bond covers any defective materials or workmanship in connection with the completed improvements for repairs or replacements that become necessary during the initial year of service.
The public improvements listed in the GASB 34 Report detail the $414, 607 expended.
The costs to maintain these facilities after the first year is funded through CFD 2019-
01. 478
CITY MANAGER' SREPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023- 165,
LOCATED ON JEFFERSON WAY FROM SOUTH LATHROP LAND, LLC
ATTACHMENTS:
A. Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2023- 165, Located on Jefferson Way from South Lathrop Land, LLC
B. Vicinity Map
C. GASB 34 Report - Jefferson Way
479
CITY MANAGER' S REPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023- 165,
LOCATED ON JEFFERSON WAY FROM SOUTH LATHROP LAND, LLC
APPROVALS:
Q
Ve • nica Albarran Date
Junior Engineer
5 41
to- 3- D02L1
Ken Reed Date
Senior Construction Manager
Brad jyaylor
City Engineer
1OK
Date
5/ m/ 2°A- 1
Cari James Date
7/ 1.2(
Finance Director
s-3t• zozy
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
49-- 74
Stephen J. Salvatore Date
City Manager
480
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2023- 165, LOCATED ON JEFFERSON WAY FROM SOUTH LATHROP LAND, LLC WHEREAS, on July 20, 2015, the South Lathrop Specific Plan ( SLSP) was adopted by City Council and annexed into the City of Lathrop on June 14, 2016. The SLSP annexation includes a 99 -acre portion of the Lathrop Gateway Business Park Specific Plan and encompasses a 315 -acre area that includes commercial office uses, limited industrial uses, and open space; and
WHEREAS, on April 18, 2016, City Council approved South Lathrop Commerce Center ( SLCC) Vesting Tentative Parcel Map ( VTM) No. 15- 94 with Conditions of Approval ( COAs) for development consistent with SLSP. The SLCC Project is generally located at the southeast portion of the City limits bounded by State Route 120 to the north, San Joaquin River to the west, and the Union Pacific Railroad to the south; and WHEREAS, on January 13, 2020, City Council accepted various offsite improvements from South Lathrop Land, LLC ( SLL) that were constructed in accordance with their Development Agreement ( DA) and Subdivision Improvement Agreement ( SIA) for Parcel Map ( PM) 17- 01, including backbone infrastructure improvements, aregional outfall structure, a storm drain pump station, a sanitary sewer pump station, a traffic signal, and highway interchange improvements; and WHEREAS, construction of the landscape improvements associated with Encroachment Permit No ( EP) 23- 165 are complete and the approximate value of the improvements proposed to be accepted is $ 414, 607as shown in the GASB34 Report included as Attachment C of the City Manager' s Report that accompanies this Resolution; and
WHEREAS, the performance bond ( K13490624) and labor and materials bond K13490624) in the amounts shown in Table 1 below guarantee the construction of improvements, as detailed in the SIA. The bonds will remain in place until all improvements as detailed in the SIA are inspected by staff and deemed complete by the City Engineer. SLL has provided a one- year warranty bond, based on 10% of the construction cost, which will cover the completed improvements, as well as developer and contractor lien releases. The warranty bond amount is detailed in Table 1 below Table 1
Description
Performance
Bond
Labor and
Materials Bond Warranty Bond
Encroachment Permit
23- 165
K13490624
27, 338, 889
K13490624
13, 669, 445
CIC1945296
41,61
and
481
WHEREAS, staff has inspected the public improvements associated with EP 23- 165 listed in the GASB 34 Report and deemed complete and in accordance with the approved plans and specification by the City Engineer; and WHEREAS, SLL has submitted lien releases, a one- year warranty bond, and as -built drawings, for the improvements being accepted; and WHEREAS, the one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, the public improvements listed in the GASB 34 Report detail the 414, 607expended. The costs to maintain these facilities after the first year is funded through CFD 2019- 01.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements associated with EP No. 2023- 165 from South Lathrop Land, LLC on Jefferson Way.
482
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 483
SOUTH
LATHROP JEFFERSON
WAY
STREETSCAPE
LOCATION
EXHIBIT
V
LAT.,
CALIFOR
MACKAY &
stirs
200
6/ 2/ 2022
20223
01086
Dor
484
ATTACHMENT
MG to
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Date: 05/ 22/024
Prepared By: MacKay & Somps
Tri Pointe Logistics - Linear Park Improvements - Lathrop, CA Landscape and irrigation Improvements costs provided by Grover Landscape Services, Inc.
UNIT
ITEM QUANTITY UNIT DESCRIPTION PRICE AMOUNT
A. LANDSCAPING
1 LS Setup/ submittals/ mobilization
1 ( 5%) $ 18, 853. 00 $ 18, 853. 00
2 1 LS Soil preparation $ 16, 206. 00 $ 16, 206. 00
3 1 LS Steel fence $ 149, 607. 00 $149, 607. 00
4 1 LS Irrigation system $ 96, 049.0 $ 96, 049.0
5 1 LS Landscape planting $ 86,35. 00 $ 86,35. 00
6 1 LS Maintenance period $ 9, 512. 00 $ 9, 512. 00
1 LS CO # 1 - electrical metered
pedestal and power connection
7 to controller $ 23, 592. 00 $ 23, 592. 00
1 LS CO # 2 - provide and install 1.5"
city water meter; increase width
of topdress strip per rfi # 1
8 response
1 LS CO # 3 - provide, install and
remove temporary water meter
9 12, 561. 00 $ 12, 561. 00
1, 392. 00 $ 1, 392. 00
TOTAL LANDSCAPING WORK 414, 607
TOTAL COSTS $ 414, 607
485
PAGE LEFT
INTENTIONALLY
BLANK
486
ITEM 4. 25
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
G& BUILDERS, INC. FOR CIP PK 22- 44,
INSTALLATION OF RUBBERIZED SURFACING
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by G&Builders, Inc. for CIP PK 22- 44,
Installation of Rubberized Surfacing, Authorizing the
Filing of a Notice of Completion, Release of Contract
Retention, and Release of Performance and Payment
Bonds
SUMMARY:
G& Builders, Inc. ( G&) has completed the construction of CIP PK 22- 44, Installation of Rubberized Surfacing ( Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
G&has submitted lien releases confirming all subcontractors and suppliers have been paid in full and provided a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff requests City Council accept the completed improvements constructed by G& for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to G&of $26, 927 within forty-ive (45) days after recording the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On November 14, 2022, City Council awarded a construction contract to G&for the construction of the Project in the amount of $ 538,43, with a 10% construction contingency of $ 53, 854 for staff to use as necessary to achieve the goals of the Project. The Project scope included removing original shredded bark playground surfacing, earth work and installing rubberized playground surfacing at Reflections, Somerston and Tidewater Parks.
No contract change orders were issued during the construction of the project; therefore, the final contract price of the Project is $ 538,43.
Upon acceptance of the improvements, the performance bond ( Bond No. 070215973, 538,43) and payment bond ( Bond No. 070215973, $538,43) will be released and replaced with a one- year warranty bond ( Bond No. 070215973, $53, 854). The one- year warranty bond covers any repairs or replacements that may become 487
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY G&BUILDERS, INC.
FOR CIP PK 22- 44, INSTALLATION OF RUBBERIZED SURFACING necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements.
G&has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by G&for CIP PK 22- 44, Installation of Rubberized Surfacing. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to G&for $26, 927 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
G&has completed the Project pursuant to the contract documents dated November 14, 2022. Staff inspected the improvements and they have been deemed complete and in accordance with the plans and specifications approved by the City Engineer.
G&has submitted a one- year warranty bond for the improvements to be accepted based on 10% of the construction contract) and lien releases confirming all subcontractors and suppliers have been paid in full. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.
The performance bond and payment bond will be released and replaced with the oneyear warranty bond upon City Council' sacceptance of the improvements.
FISCAL IMPACT:
The final construction contract amount with G&for the Project is $ 538,43.
Adequate funds have been allocated in the FY 2023-4 budget to close out CIP PK 22- 44, Installation of Rubberized Surfacing. With the completion of the Project, staff requests that unused funds be transferred back to the original funding sources.
ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by G&Builders, Inc. for CIP PK 22- 44, Installation of Rubberized Surfacing, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - CIP PK 22- 44Installation of Rubberized Surfacing, 488
CITY MANAGER' S REPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY G&BUILDERS, INC.
FOR INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44 APPROVALS:
4/ J ib (
Steven Hollenbeak
Assistant Engineer
4A(220 -
Ken Reed Date
Senior Construction Manager
5, 7. Z4 -
Date
Brad fiaylor
City Engineer
Cari am
Finance Director
Date
chc7/- 1 tvDate
Michael King Date
Assistant City Manager
1, 23) 006t1
S. Zd• 2oZ' f
S• zz- wzy
Salvador Navarrete Date
City Attorney
5. 3o .Z,
Step en 3. Salvatore Date
City Manager
489
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY G&BUILDERS, INC. FOR CIP PK 22- 44, INSTALLATION OF RUBBERIZED SURFACING, AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION, RELEASE OF CONTRACT RETENTION,
AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on November 14, 2022, City Council awarded a construction contract to G&Builders, Inc. (G&) for CIP PK 22- 44, Installation of Rubberized Surfacing ( Project) in the amount of $ 538,43 with a 10% construction contingency of $ 53, 854 for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the scope of work consisted of removing original shredded bark playground surfacing, earth work and installing rubberized playground surfacing at three ( 3) City Parks; and
WHEREAS, during construction, no contract change orders were issued; and WHEREAS, staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and
WHEREAS, G&has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total Project cost) for the improvements being accepted; and
WHEREAS, the performance bond ( Bond No. 070215973, $ 538,43) and payment bond ( Bond No. 070215973, $538,43) will be released and replaced with a one- year warranty bond ( Bond No. 070215973, $ 53, 854) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, adequate funds have been allocated in the FY 2023-4 budget for CIP PK 22- 44 to close out the Project. With the completion of the Project, staff requests that unused funds be transferred back to the source Fund; and WHEREAS, staff requests City Council accept the public improvements constructed by G&for CIP PK 22- 44, Installation of Rubberized Surfacing; and WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to G&in the amount of $ 26, 927 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. 490
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by G& Builders for CIP PK 22- 44, Installation of Rubberized Surfacing, pursuant to the contract documents dated November 14, 2022; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to G&, in the amount of $ 26, 927 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the transfer of unused funds back to the original funding source. 491
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 492
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees ( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co - owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co -owners is fee title ( e.g. fee title, leasehold, joint tenancy, etc.).
4. That on the 10th day of June, 2024 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: G&Builders, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
G&Builders, Inc 4542 Contractor' sPlace
7. That the real property herein referred to is situated in the State of California, and is described as follows:
CIP PK 22- 44 Installation of Rubberized Surfacing
Livermore, CA 94551
City of Lathrop County of San Joaquin,
That the undersigned has knowledge ofthe contents herein and states under penalty ofperjury that the foregoing is true and correct.
CITY OF LATHROP
By:
By:
Stephen J. Salvatore, City Manager Date
Teresa Vargas, City Clerk Date
493
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated June 10, 2024 by G&Builders, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on June 10, 2024, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
494
ITEM 4. 26
CITY MANAGER' S REPORT
JUNE 10, 2024, CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP GG 24- 35 LATHROP POLICE
DEPARTMENT RADIO INFRASTRUCTURE
UPGRADE, APPROVE PURCHASE WITH RAY' S
RADIO INDUSTRIAL COMMUNICATIONS SALES
INC., AND APPROVE RELATED BUDGET
AMENDMENTS
RECOMMENDATION: Adopt a Resolution Creating CIP GG 24- 35 Lathrop Police Department Radio
Infrastructure Upgrade, Approve Purchase
with Ray' sRadio Industrial Communications
Sales Inc. for Wireless Communications
Equipment, and Approve Related Budget
Amendments
SUMMARY:
As the City of Lathrop continues to grow the Lathrop Police Department ( LPD) has increased its cooperation with neighboring law enforcement agencies. This staff report seeks Councils authorization of funding to improve radio communications coverage and add multi -band capabilities for law enforcement.
The existing radios were purchased just prior to the launch of the City' s police department on June 29, 2021 to meet the immediate needs of the newly established Lathrop Police Department ( LPD). Due to significant delays in equipment procurement caused by COVID- 19- related supply chain disruptions, the current radio communication system was selected based on availability during a critical period leading up to the City' s police department' slaunch. The current radios lack the coverage and interoperability required for effective communication and coordination with surrounding law enforcement agencies. The limitations are particularly pronounced due to the radios' lack of multiband capability, which restricts the City' s police officers' ability to communicate across the different frequencies used by neighboring law enforcement agencies.
To address these critical shortcomings, staff proposes replacing the current wireless communication
solution offers enhanced
system with advanced Motorola radios and infrastructure. Motorola' s coverage and crucial safety features such as man - down technology, which can alert dispatchers and nearby officers if an officer becomes incapacitated. Moreover, the proposed wireless communications system includes advanced encryption capabilities, ensuring that only authorized law enforcement agencies can access the City' s communications. This is vital for maintaining operational security, protecting sensitive information, and complying with upcoming United States ( US) Department of Justice ( DOJ) requirements. 495
CITY MANAGER' S REPORT PAGE 2
JUNE 10, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 35 LATHROP POLICE DEPARTMENT RADIO
INFRASTRUCTURE UPGRADE, APPROVE PURCHASE WITH RAY' S RADIO INDUSTRIAL COMMUNICATIONS SALES INC., AND APPROVE RELATED
BUDGET AMENDMENT
Equally important, standardizing the City' s
wireless communications infrastructure
with Motorola equipment will eliminate integration and compatibility issues. Disparate systems often lead to interoperability failures between dispatch and officers in the field, as well as among the officers themselves. By consolidating the City' s infrastructure under a single manufacturer, the City can reduce these technological challenges, ensure a more reliable and efficient wireless communication system, and streamline technical support. Minimizing downtime in the event of technical issues by dealing with only one ( 1) technology manufacturer is crucial for maintaining critical technical infrastructure.
To address the issues listed, Ray' s
Radio Industrial Communications Sales Inc. (Ray' s
Radio), the sole authorized distributor of Motorola radio products in this area, has provided quotes for the necessary materials and equipment to upgrade the Lathrop Police Department' sradio communication infrastructure at market - based pricing.
Motorola is the brand used by most police departments and other first responders. A sole source purchase from Ray' s
Radio is justified under Lathrop Municipal Code
LMC) 2. 36. 110( a) due to specific technological requirements, the need for compatibility with existing systems, and because Ray' s Radio is the only certified dealer in the region authorized to resell and install Motorola equipment.
In addition to upgrading the City' s
wireless communication systems, staff proposes
to optimize the use of current single - band radio equipment. Staff will seek to sell some of the existing radios by following the established surplus equipment policy and repurpose others by transferring them to other departments such as Public Works and Parks and Recreation. These departments will use the radios to support their day to day operations and City at events, enhancing communication and coordination with the City' s law enforcement.
Tonight, staff requests that the City Council approve the creation of CIP GG 24- 35 for the Lathrop Police Department Radio Infrastructure Upgrade with a total budget of $ 1, 350, 000. This requested budget allocation is calculated based on an initial phase estimated at $ 900, 00 including an initial Purchase Order with Ray' s Radio and
covers state- of- the- art radio equipment, including mobile and portable Motorola radios, infrastructure enhancements, configuration, installation, and information System Department ( ISD) training. Additionally, it includes a ten percent ( 10%) contingency fund to manage unforeseen costs due to potential technology expense increases.
An additional $ 450, 00 is requested to complete the upgrades for the rest of the LPD vehicle fleet and non -sworn LPD personnel, which will include installation, configuration, and provision of mobile and portable Motorola radios. Staff requests Council approve for the purchase of radio infrastructure equipment from Ray' s Radio
up to the amount of the approved budget amendment to ensure LPD is equipped with a communication system that meets both current and future demands. 496
CITY MANAGER' S REPORT PAGE 3
JUNE 10, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 35 LATHROP POLICE DEPARTMENT RADIO
INFRASTRUCTURE UPGRADE, APPROVE PURCHASE WITH RAY' S RADIO INDUSTRIAL COMMUNICATIONS SALES INC., AND APPROVE RELATED
BUDGET AMENDMENT
Funding is proposed from the following sources: Project GG 21- 11 Police Department Start -Up has an estimated remaining balance of $ 805, 000. Additionally, the Police Operations Division has salary savings from the timing of hiring new positions totaling 495, 000, and the US DO) Front Line Law Enforcement Equipment Program has a balance of $ 50, 000. Staff proposes that the City Council authorize the use of these three funding sources to finance this project.
BACKGROUND:
The current radio infrastructure system, while operational, offers limited coverage and is limited by single - band capabilities and suffers from unreliable signal strength, particularly indoors and at the far edges of the City' sexpanding industrial, residential and commercial developments. This deficiency poses a potential risk to officer safety and may hamper effective communication during critical incidents. Additionally, the current radio infrastructure system' s limited ability to integrate with other law enforcement agencies and first responders impacts joint operations and mutual aid scenarios.
Originally, current single -band mobile and portable radios were the only solution available to meet the immediate needs of the newly established police department.
The single - band mobile and portable radios served the basic purpose of allowing LPD to start operations without the delay of twenty- six (26) months for multi - band Motorola radios due to supply chain disruptions caused by the COVID- 19 pandemic.
The proposed CIP GG 24- 35 aims to upgrade the Lathrop Police Department' sradio infrastructure, facilitated through Ray' s
Radio — the sole authorized Motorola
distributor in the region. This upgrade is designed to achieve several critical objectives:
Comprehensive Coverage: The goal is to provide robust radio frequency coverage throughout the entire City of Lathrop, encompassing both indoor and outdoor areas.
This enhancement of Motorola wireless communication equipment and related infrastructure will ensure that police officers maintain constant and reliable communication regardless of their location. It is important to acknowledge that, although substantially beneficial, radio frequency technology is subject to interference from various environmental factors such as weather conditions, landscape features, electromagnetic disturbances and other factors. This proposal acknowledges these limitations and emphasizes that while technology may not always perform flawlessly, the upgrades will significantly improve the wireless communication system' sreliability.
497
CITY MANAGER' S REPORT PAGE 4
JUNE 10, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 35 LATHROP POLICE DEPARTMENT RADIO
INFRASTRUCTURE UPGRADE, APPROVE PURCHASE WITH RAY' S RADIO INDUSTRIAL COMMUNICATIONS SALES INC., AND APPROVE RELATED
BUDGET AMENDMENT
Safety and Efficiency: By enhancing radio coverage, with the use of an integrated Motorola system officer communication will improve, enabling reliable communication for backup and efficient coordination, especially with neighboring law enforcement agencies during emergencies. This will lead to quicker communications response times and increased operational efficiency.
Interoperability: The upgrade of Motorola wireless communication equipment and related infrastructure will allow for seamless integration with other local and regional law enforcement agencies, which is essential for effective coordination during cross - jurisdictional operations and joined operations.
Futureproofing and Scalability: The investment in a new wireless communication infrastructure system will meet current needs and is designed to be scalable to accommodate future City growth and advancements in public safety communication technologies.
To upgrade the current system to a Motorola system, staff engaged Ray' s Radio, the area' s authorized Motorola distributor. Ray' s
Radio is certified to configure and install
Motorola radio products and has provided a quote for the necessary equipment, installation, training, and configuration. This upgrade aligns with market - based pricing for Motorola wireless communication equipment. Motorola is the preferred brand among all surrounding law enforcement agencies and first responders, ensuring compatibility and integration with their systems. Therefore, staff proposes upgrading to Motorola radios, which can seamlessly integrate with wireless communication systems used by other law enforcement and first responder agencies.
A sole source purchase from Ray' sRadio is justified pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110 (a), due to the specific technological requirements, the need for Motorola systems, and Ray' sRadio being the only certified dealer in the nearby area authorized to resell and support Motorola equipment.
Tonight, staff requests the Council' sauthorization allocation of the specified funds and establish CIP GG 24- 35 with a budget of $ 1, 350, 000 for the Lathrop Police Department Radio Infrastructure Upgrade. This funding will cover the acquisition of state- of- the- art Motorola wireless communication equipment and infrastructure enhancements procured from Ray' sRadio for a sum up to the budget amendment, and personnel training. Additionally, the budget includes a ten percent ( 10%) contingency fund to address unforeseen costs due to rapid technological advancements, as well as upgrades to the LPD vehicle fleet and wireless communication equipment for non - sworn LPD personnel. Staff also seeks approval of a Purchase Order with Ray' s
Radio totaling $ 625, 000 for infrastructure equipment to be included in the requested budget amendments.
498
CITY MANAGER' S REPORT PAGE 5
JUNE 10, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 35 LATHROP POLICE DEPARTMENT RADIO
INFRASTRUCTURE UPGRADE, APPROVE PURCHASE WITH RAY' S RADIO INDUSTRIAL COMMUNICATIONS SALES INC., AND APPROVE RELATED
BUDGET AMENDMENT
REASON FOR RECOMMENDATION:
The proposed upgrade of the City radio infrastructure to Motorola wireless communication equipment addresses critical needs that have arisen due to the City' s rapid growth and the requirement to integrate with surrounding law enforcement and first responder agencies. This enhancement is crucial for the safety of the City' s officers and the effectiveness of joint operations.
The current wireless communication system' slimited coverage and reliability could compromise officer communications during critical incidents. Upgrading the City' s wireless communication infrastructure system will enhance comprehensive coverage across the City and nearby areas, ensuring reliable communication for the police officers regardless of their location. It will also improve interoperability with other local and regional law enforcement agencies, which is vital for coordinated responses in joint operations and mutual aid scenarios.
For these reasons, staff recommends Council approve the creation of CIP GG 24- 35 Lathrop Police Department Radio Infrastructure Upgrade, approve purchase with Ray' s
Radio to be included in the requested budget amendment to secure this vital upgrade, ensuring the LPD is effectively equipped to handle current and future challenges.
FISCAL IMPACT:
The proposed project budget is $ 1, 350, 000 to be funded with transfers of funds from the following. Project GG 21- 11 Police Department Start -Up $ 805, 000. Police Operations Division salary savings $ 495, 000, and the DOJ Front Line Law Enforcement Equipment Program $ 50, 000 with the proposed budget amendments listed below.
Fiscal Year 2023-024
Decrease Transfer In
3010- 9900- 393- 0000
Increase Transfer In
3010- 9900- 393- 0000
Decrease Appropriation
3010- 8000- 420- 70
Increase Appropriation
3010- 8000- 420- 70
GG21- 11
GG 24- 35
GG 21- 11
GG 24- 35
805, 000
805, 000
805, 000)
805, 000
499
CITY MANAGER' S REPORT PAGE 6
JUNE 10, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 35 LATHROP POLICE DEPARTMENT RADIO
INFRASTRUCTURE UPGRADE, APPROVE PURCHASE WITH RAY' S RADIO INDUSTRIAL COMMUNICATIONS SALES INC., AND APPROVE RELATED
BUDGET AMENDMENT
Decrease Appropriation
1010- 4030-10- 10
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 35
Increase Appropriation
3010- 8000- 420- 70 GG 24- 35
Increase Transfer Out
2220- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 35
Increase Appropriation
3010- 8000- 420- 70 GG 24- 35
495, 000)
495, 000
495, 000
495, 000
50, 000
50, 000
50, 000
ATTACHMENT:
A. Resolution of the City Council of the City of Lathrop to Create CIP GG 24- 35 Lathrop Police Department Radio Infrastructure Upgrade, Approve the Purchase from Ray' sRadio Industrial Communications Inc., for Wireless Communications Equipment and Approve Related Budget Amendments.
B. PO # 2024- 819 With Ray' s
Radio Industrial Communications Sales, Inc. for
Communication Equipment for CIP GG 24- 35 LPD Radio Infrastructure Upgrades
500
CITY MANAGER' SREPORT PAGE 7
JUNE 10, CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 35 LATHROP POLICE DEPARTMENT RADIO
INFRASTRUCTURE UPGRADE, APPROVE PURCHASE WITH RAY' S RADIO INDUSTRIAL COMMUNICATIONS SALES INC., AND APPROVE RELATED
BUDGET AMENDMENT
APPROVA
Director Information Systems
ernandes Date
3 1701Li
Cari James Date
Director of Finance
i
Michael King
Assistant City Mang
co • y • 2 -Qv?'
Date
Salvador Navarrete
SLy• 4. 02. ze
Date
City Attorney
4 . 24
Ste en J. Salvatore Date
City Manager
501
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP GG 24- 35 LATHROP POLICE DEPARTMENT RADIO INFRASTRUCTURE
UPGRADE, APPROVE PURCHASE WITH RAY' S RADIO INDUSTRIAL
COMMUNICATIONS SALES, INC., FOR WIRELESS COMMUNICATIONS
EQUIPMENT AND APPROVE RELATED BUDGET AMENDMENTS
WHEREAS, the City of Lathrop continues to grow and expand its boundaries; and
WHEREAS, the current radios used by the LPD have limited coverage and are not able to integrate with the multi -band communication system used by neighboring law enforcement agencies; and
WHEREAS, staff requests Council approve the funding to replace the current law enforcement radio communication system; and
WHEREAS, the proposed CIP GG 24- 35 aims to upgrade the Lathrop Police Department' sradio infrastructure, facilitated through Ray' s Radio Industrial
Communications Sales, Inc. —the sole authorized Motorola distributor in the area; and
WHEREAS, staff recommends that Council create CIP GG 24- 35 Lathrop Police Department Radio Infrastructure Upgrade, approve budget amendments to allocate 1, 350, 000 to the project, and authorize the purchase of radio infrastructure equipment and services from Ray' s
Radio to implement the desired transitions of
radio communications to a multi - band Motorola system.
WHEREAS, staff requests a ten percent ( 10%) contingency of $ 135, 000 for a total budget contract budget of $ 1, 350, 000.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the creation of CIP GG 24- 35 Lathrop Police Department Radio Infrastructure Upgrade; and
BE IT FURTHER RESOLVED, the City Council of Lathrop does hereby approve a budget amendment to record the appropriations in the following funds:
Fiscal Year 2023-024
Decrease Transfer In
3010- 9900- 393- 0000 GG21- 11
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 35
805, 000
805, 000
502
Decrease Appropriation
3010- 8000- 420- 70 GG 21- 11
Increase Appropriation
3010- 8000- 420- 700 GG 24- 35
Decrease Appropriation
1010- 4030-10- 10
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 35
Increase Appropriation
3010- 8000- 420- 70 GG 24- 35
Increase Transfer Out
2220- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 35
Increase Appropriation
3010- 8000- 420- 70 GG 24- 35
805, 000)
805, 000
495, 000)
495, 000
495, 000
495, 000
50, 000
50, 000
50, 000
BE IT FURTHER RESOLVED, the City of Lathrop City Council does hereby authorize a 10% contingency of $ 135, 000for a total budget amount of $ 1, 350, 000.
BE IT FURTHER RESOLVED, the City of Lathrop City Council does hereby approve the initial purchase of $ 625, 000 from Ray' s
Radio as detailed in Attachment " B" to
the Staff Report that accompanied this Resolution and authorizes the City Manager to approve additional purchases from Ray' s Radio up to the amount budgeted in the CIP GG 24- 35 to implement the full and complete upgrade of the City' s radio communication infrastructure to a state -of the art multi -band Motorola System. 503
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 504
Attachment B
The parties to this agreement
are:
Vendor No. 1035
Ray' s Radio Industrial
Communications Sales, Inc.
0. 1100 N Carpenter Rd
MODESTO, CA 95351
w 390 Towne Centre Dr
Lathrop, CA 95330
0 N 390 Towne Centre Dr
o
Lathrop, CA 95330
I
0 Purchase Order
No. 2024- 00000819
Date 5/ 17/ 2024
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE
ORIGINATOR
1 of 3
Emily Malay
Jr 1,', 1 1 1 ) ' r' l i'11 ` 1 1(1,1 SI
1. 00
25. 00
22. 00
25. 00
22. 00
1. 00
1. 00
1. 00
1. 00
1. 00
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
GTR8000 Repeater with Duplexer, Astro P25
APX 800 Triband Portable with Man Down
APX8500 Triband Mobile Radios
APX Remote Speaker Mic
Astro Voting Software
Comparators
Voting Receivers
Field Replacement Unit
Tax
26,01. 1800
8, 615. 3200
8,23. 0000
135. 0000
2, 310. 0000
4, 600. 0000
38, 732. 5000
23, 460. 0000
20, 680. 0000
51, 240. 4900
The contractor agrees to fumish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
26,01. 18
215, 383. 00
194,06. 00
3,75. 00
50, 820. 0
4, 600. 0
38, 732. 50
23, 460. 0
20, 680. 0
51, 240. 49
628, 598. 17
CITY OF LATHROP VENDOR ( Signature)
RECOMMENDED FOR APPROVAL DATE APPROVED BY
CITY OF LATHROP
APPROVED BY
Special Instructions
DATE
DATE
VENDOR ( Print Name)
APPROVED BY DATE
Hardware Only - Equipment for LPD Radio Infrastructure