Lathrop City Council
July 8, 2024

ATTACHMENT A
THE GREEN PARK IMPROVEMENTS, CIP PK 22- 12

REVIESED BID SCHEDULE

BID UNITITEM DESCRIPTION QUANTITY UNITS
PRICE

EXOTENDED
1 Mobilization / Bonds / Insurance 1 LS 18, 000 - l
i OD3 ----
2 Traffic Control 1 LS 1+000 — 41 OM --'
3 Erosion and Sediment Control Plan 1 LS 10b — 11430 —
4 Site Clearing & Demolition 21, 750 SF 100 1 3, 05o —
5 1( ii 1 515 —
Rough Grading & Establish
Subgrade 21, 750 SF 9Q
6 Import Soil 1 CY t-}— AS —
7 Play Area Drain 2 EA 3 ,OtO -- t0 , CPO .---
8 Area Drain @ Fitness Equipment 1 EA 255 — 2, 55 —
9 Landscape Area Drain Line 82 LF 3t+ —2-11 6t -
10 Pedestrian Concrete 2,66 SF Ito-- 30 i
2_5t, --
11 Play Area Edge Curb 353 LF L} b — Lo, q ` ---
13 12 Mow
Rubberized
Strip,
Play
10" Wide
Area Surfacing 5, 878
107 LF
SF
51 , '
2-1. 50
j4 -- 4 2- 53. 1-
1r (PAS--
14 Tubular Steel Fence, 48" Height 72 LF 2- 10 -- Ito5 1 20 --- 15 Bench 4 EA 3 \ CEO 12_ 400 --
16 Trash / Recycle Receptacle 2 EA 3 500 y— j , Dcv --
17 Corn Hole Game Board 4 EA 21 5 -- 1 , 1 pp —
18 Irrigation, Complete System 1 LS 20 , 01) 2, 0 COD
19 Tree, 24" Box 6 EA gte 50 — app --
20 Shrub, 5 Gallon 128 EA SO — SYj 4 0---
21 Sod 10, 566 SF 1 -- kO L6U1p --
q2, 50- 22 Bark Mulch, 3" Min. Depth 2, 775 SF 0
23 Decomposed Granite 304 SF 10 — S1014' 0 '
j) 5. 25 24 Soil Preparation 13, 341 SF 1-5
25 hPlanmtEstablishment / 90 Day 13, 341 SF 2_5 3 3 35 z5 26 Install City -Furnished Play
Equipment
1 LS 105 ! 000 05 , o cQ
27 Install City -Furnished Exercise
Equipment
1 LS 12, (=fix) 2, qco —
TOTAL BID: "' t i54) U 90, /5
TOTAL BID IN WORDS: F01..* VI : Q4 Q) 61'1 SaY
cp- Y1uMVQtk oaft4 Irc Yl e, 4- vj J,
202
5)
SECTION 00300

THE GREEN PARK IMPROVEMENTS BID PROPOSAL FORMS
CH' PK 22- 12

INFORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.

BIDDER' SINFORMATION
1) Bidder' sname and address:

Marina Landscape, Inc
3707 W. Garden Grove Blvd, Orange, CA 92868
2) Bidder' stelephone number: 714 939- 6600
3) Bidder' sfax number: 714 935- 1199
4) Bidder' sContractor' sLicense # / Expiration Date / Classification:

A, B, C27,29, C36,
492862 / 6/ 30/ 226 / C61, D34, D49, D59
Bidder' sDIR Registration # / Expiration:
1000000079 / 06/ 30/ 2025
6) Person who inspected site of proposed work for Contractor' sfirm:

Name: 11 U P \ 6K Date ofInspection: tp l L1
7) List 5 projects of a nature similar to this project:

Project Contract
Price
Name, Address and
Telephone Number of Owner
Via Toledo Park 2, 141, 466 Lroin Jensen / Hayward/ ( 925) 784- 8286 Meadows Park 2, 469, 056. 22 Tin Wah- Wong /Sacramento / 916- 808- 5540 Northwest Land Park -
Olympians Park
Jason / Wiesmann Sacramento / 916- 808- 7634
Creighton Park Renovation 2, 525, 796. 00 Michael Silveria / Milpitas / ( 408) 586- 3303 Tracy Hills Public Park # 1 1,18, 049.0 Lisa A. Mikelonis / Tracy / ( 925) 260- 4753 00300- 3
203
SECTION 00300

THE GREEN PARK IMPROVEMENTS BID PROPOSAL FORMS
CIP PK 22- 12
LIST OF SUBCONTRACTORS:

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

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

Work to be Performed
Subcontractor
License
Number
Percent of
Total Contract

1. S -"e e. 1 F- e. Ac4 r1 t051 2._ 2
10 Rubbert7rsi Sur acln

2. 1510. 4 (AAA ms\ — 1541 ck4-

3. 4.

5. 6.

Note: Attach additional sheets ifrequired.
4; 17 50
Subcontractor' sName & Address
Pr11 Steel enc.
o. 13x1 a- Inror e9'
Playyround. Sun 1 E
q' ja me, tytorel Dr So* Ct& aC- A
00300- 4
204
SECTION 00300

THE GREEN PARK IMPROVEMENTS BID PROPOSAL FORMS
CIP PK 22- 12

ADDENDA
Bidder certifies he reviewed ARC Stockton' swebsite for addenda within 48 hours ofbid opening and acknowledges receipt of the following addendum ( addenda):
1 Respectfully submitted,
6/ 20/24
Marina Landscape, Inc
Dated Legal Name of Firm
Signature ofA
IfBidder is a corporation, show State in which incorporated.) Seal)
Representative
Incorporated in California
The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:

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

Marina Landscape. Inc
Robert B. Cowan - President, Secretary, CEO, Treasurer
Ali Tavakoli - Vice President
Hue Ta - Vice President of Estimating
00300- 5
205
SECTION 00300

THE GREEN PARK IMPROVEMENTS BID PROPOSAL FORMS
CIP PK22- 12

BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:

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

THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: THE GREEN PARK IMPROVEMENTS, CIP PK 22- 12
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 11th day of June 2024.

Marina Landsca._ nc. Seal) Philadelphia Indemnity Insurance Company( Seal) Seal) ( Seal)
Rut To Vice lksiolent d as, Attorney -in -Fact
Address: 37 arden Grove Blvd. Address: 800 E. Colorado Blvd., 6th Floor Orange, CA 92868 Pasadena, CA 91101
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 6
206
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Califomia
County of
On JUN 1 2024
Orange )
Date
before me,
Adelaide C. Hunter, Notary Public
Here Insert Name and Title of the Officer
personally appeared Ryan Butterfas
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ thy executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

ADELAIDE C. HUNTER
Notary public • California
Orange County
Commission ; 2343124
My Comm. Expires Jan 23, 2025
Place Notary Seal Above
f
WITNESS my hand and official seal.

Signature

OPTIONAL
Signature of Notary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

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

Number of Pages: Signer( s) Other Than Named Above:

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

Corporate Officer — Title( s):
0 Partner — 0 Limited 0 General
0 Individual Attomey in Fact
Trustee 0 Guardian or Conservator
0 Other:

Signer Is Representing:

Signer' sName:
0 Corporate Officer — Title( s):

Partner — 0 Limited 0 General
0 Individual Attomey in Fact
Trustee 0 Guardian or Conservator
Other:

Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1 - 800 - US NOTARY (1- 800-76- 6827) Item # 5907 207
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On Gf' S( 2tDate
Personally appeared
before me, Nguyen Le, Notary Public
Here Insert Name and Title of the Officer
Nome( s) ofSigner( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ thy executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) ontheinstrumentthe person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

NGUYEN 11
Notary Public - Caiifornla
Orange County
Commission * 2a02o 2026
My Comm. Expires Apr
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.

WITNESS my hand and official s al.

Signature
Signatur ofl 1Totary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document Document Date
Number of Pages Signer( s) Other Than Named Above
Capacity( ies) Claimed by Signer( s)
Signer' s Name Signer' s Name
0 Corporate Officer— Ttle( s) 0 Corporate Officer— Ttle( s) 0 Partner 0Limited Q General Partner 0Limited 0General
Q Individual Q Attorney in Fact 0lndividual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee Guardian or Conservator 0 Other El Other
Signer Is Representing Signer Is Representing
2014 National NotaryAssociation • www. NationalNotary. org • 1 -800 -US NOTARY ( 1- 800-76- 6827) Item# 5907 208

PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004- 0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY ( the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Summer Reyes and Ryan Butterfas of Coats Surety Insurance Services, Inc., its true and lawful Attorney - in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $ 50, 000,00.

This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14i6 ofNovember, 2016.

RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney( s) in Fact and authorize the Attomey( s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and 2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it

FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5Th DAY OF MARCH, 2021.

Seal)
Joh! Glom h, President & CEO
Philadelphia Indemnity Insurance Company
On this 5' day of March, 2021 before me carne the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.

Oa momyaaah of Penntylwn * - Notary Beal
Vanessa Mckenzie, Notary Public
Monrgoniery County
My commission expires November 3, 2024
cm minion number 1366194
Msmber. PanntyNar_ 44rsoclat, on of Nola fief
Notary Public:
residing at:

My commission expires:

Bala Cynwyd, PA
November 3, 2024
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of' Attorney issued pursuant thereto on the 5' s day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY.

In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this 11th day of June 20 24 Edward Sayago, Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY
209
SECTION 00300

THE GREEN PARK IMPROVEMENTS BID PROPOSAL FORMS
CIP PK 22- 12

NONCOLLUSION AFFIDAVIT

STATE OF
SS.

COUNTY OF
Hue Ta being first duly sworn, deposes and says that he or she is Vice President of Estimatingof Marina Landscape, Inc the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company a : iated, organization, bid depository, or to any member or agent thereof to effectuate a collusiv:,' y, . ham bid.

The County of Orange
State of Orange
Signature of /' ' - sident, Secretary,
Manager, Pry ect anager or Representative
Subscribed and sworn to (or affirmed) before me
on this day of , 20 , by
proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me.

Seal
Signature
00300- 7
210
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On 6( 1' 5( 2 -4 -
Date
Personally appeared
before me, Nguyen Le, Notary Public
Here Insert Name and Title of the Officer
Name( s) ofSigner( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ thy executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrumentthe person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

NGUYEN LE
Notary public . California
Orange County
Commission : 2401469 404
2026
µy Comm. Expires Apr
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signature of Notary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document Document Date
Number of Pages Signer( s) Other Than Named Above
Capacity( les) Claimed by Signer( s)
Signer' s
Name Signer' sName
0 Corporate Officer— Ttle( s) Q Corporate Officer —Titles) Q Partner © Limited El General © Partner 0 Limited 0General O Individual Ei Attorney in Fact j
Individual 0 Attorney in Fact
0 Trustee Guardian or Conservator Trustee 0 Guardian or Conservator El Other © Other
Signer Is Representing Signer Is Representing
Y` LY' Ylor, 0 ,t,C, , g -e. rcrr., c. c..- Si rsti- te- ar ~ lte s.240, iNancr cr 1, 4". 2 rar [ nr+ ealrr- 4 2014 National NotaryAssociation • www. NationalNotary. org • 1 -800 -US NOTARY ( 1- 800-76- 6827) Item# 5907 211
SECTION 00300

THE GREEN PARK IMPROVEMENTS BID PROPOSAL FORMS
CIP PK 22- 12
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

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

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

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

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

END OF SECTION)
00300- 8
212
StillNAto Growing...
costruc&- rn
irs; 1scape f[?ain i13I 8 nC i'
a. .,:..: ap c .. ch!' ectore
Marina Landscape, Inc.

Resolution to Sign Contracts, Bid Documents and Bid Bonds Whereas, the Corporation requires an additional person as the Corporate Assistant Secretary for signing and executing the Contracts, Bid Documents, and Bid Bonds in the absence of the Secretary. Whereas, it would be desirous to have two ( 2) Assistant Secretaries available to sign Documents, or in the absence of the President/ CEO/ Secretary, be it:

Resolved, that the CFO, Vice Presidents, and Assistant Secretaries of this Corporation be hereby authorized and empowered to sign Contracts, Bid Documents and Bid Bonds, in the name of and on behalf of this Corporation.

Resolved, that Hue Ta is assigned the title of Vice President of Estimating, and is authorized as such to sign Contracts, Bid Documents, and Bid Bonds.

The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of Marina Landscape, Inc., a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a special meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above -named Corporation on March 1, 2019, and that said resolution is now in full force and effect without modification or rescission.

In witness whereof, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above - named Corporation this 1ST day of March, 2019, Robert B. Cowan, Secretary
Marina Landscape, Inc.

MARINA LANDSCAPE, INC.
3707 W Garde= nGrove Blvd. x
Orange CA 92868- 403 j
714 939. 6600 i 714 935 1199 marinaco. com License # 492862 A. S. C27 029, C36 049 059 213
City of
Public Works Department 390 Towne Centre Dr. — Lathrop, CA 95330 Phone ( 209) 941- 7430 — fax (209) 941- 7449
www. ci. lathr» Q, ca. us
ADDENDUM NO. 1— June 10, 2024
The Green Park Improvements
CIP PK 22- 12
This addendum amends the Contract Drawings and Specifications for this project as follows:

1. The Engineer' s
Estimate for this Project is $425, 000.

2. See Attachment " A", CIP PK 22- 12 REVISED BID SCHEDULE, adding Bid Item # 27 "Install City -Furnished Exercise Equipment". All bidders shall submit their bid on the Revised Bid Schedule.

When submitting the bid for the project, the Contractor must acknowledge receipt of the addendum.

Recommended by:

Approved by:
c ' r - to
Ken Reed Date
Senior Construction Manager
Brad 7d1ay1or, PE
City Engineer
Lilt/ 149141
Date
214

INTERNATIONAL

PLAY EQUIPMENT

MANUFACTURERS

ASSOCIATION
IPEMA ASTM F1292- 18 (SECTION 4.2) AND/ OR ASTM F3351- 19 CERTIFICATE OF

COMPLIANCE
ISSUE DATE: November 2, 2021
Requested By: Playgrounds Unlimited
Project: BPS EPDM 4, 6, 8Submittal;
In the Interest of public playground safety, IPEMA provides athird party certification service whereby TUV SOD America validates a manufacturers certification of conformance to ASTM F1292- 1$ Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment Standard, Section 4.2; Performance Criterion and/ or ASTM F3351- 19 Standard Test Method for Playground Surface Impact Testing in Laboratory at Specified Test Height.

The manufacturers listed below have received written validation from TOV SOD America that the products listed conform with the requirements of ASTM F1292- 18, Section 4. 2and/ orASTM F3351- 19.

The validation is made by festing` atthe specified fall height rating requested by the manufacturer, based upon its experience and knowledge of its products, instead of the "britical fall height" used in ASTM F129 - 18. TUV SOD AHneiti aatelidates that the impact attenuating performance criterion specified by ASTM F1292- 18 (Section 4. 2) am ASTM F3351- 19has been met or exceeded.

MODEL #
SPS EPDM 4
SPS EPDM 6
SPS EPDM 8

COMMERCIAL NAME OF PRODUCT
Safepour
Safepour
Safepour

PRODUCT LINE
Standard EPDM
Standard EPDM
Standard EPDM

THKMT MANUFACTURER
2" /4' Playgrounds Unlimited
3" / 6' Playgrounds Unlimited

3. 5" /8' Playgrounds Unlimited
215

ATTACHMENT
C
Park Planet
a Division of Park Associates, Inc.

Park Planet 415 Elm Street
Red Bluff CA 96080
Bill To:

City of Lathrop
390 Towne Centre Dr
Lathrop CA 95330
United States
Contact Name Contact Phone Contact Email
Todd Sebastian
Description
1*/ wr110.

Quote# Q24- 2519
Green Park
Quote Date: 06/ 12/ 2024
Sales Rep Sales Rep Email
Terms: Net 30dys 1 Shipment
241, 987.6
12099417384 tsebastian@ci. lathrop. ca. us Gary A Kimbrough aarvta' DarkDlanet. com Green Park Play Equipment
Vendor
PR -R5 Playcraft Systems, Inc
Custom Round 5 Steel Play System.. SN: NF5EEB27A
A2- 2120 Playcraft Systems, Inc
8ft Arch Swing Bay ( 2 Seat)
A2 -2120 -AB Playcraft Systems, Inc
8ft Arch Swing Bay ( 2 Seat) AB
A2- 131510 Playcraft Systems, Inc
Playshare Swing Seat w/ Chains & Hanging HW
Adult & Infant/ Toddler)
Rate Amount
1 $ 232, 170. 0 $232, 170. 0
1 $ 4, 031.0 $ 4, 031.0
1 $ 2, 540. 0 $ 2, 540. 0
1 $ 1, 418. 00 $ 1, 418. 00
A2- 131410 Playcraft Systems, Inc 1 $ 1,03. 00 $ 1,03. 00 Inclusive Seat
A2- 313010 Playcraft Systems, Inc 2 $ 181. 00 $ 362. 00 Belt Seat
A2- 1303 Playcraft Systems, Inc 1 $ 1, 376. 00 $ 1, 376. 00 1303 Safety Sign ( 5- 12, HDPE)
CMAS Discount CMAS 1 ($ 24,82. 80) ($24,82. 80)
CMAS Discount - Vendor ID: 4 -16 -78 -0038E -Sup 3:

Playcraft Freight Playcraft Systems, Inc 1 $ 4, 133. 00 $ 4, 133. 00 Playcraft Freight
PlayCraft shipping pallet dimensions can reach upwards
of 4' W x 8' H x 18' L and will be delivered on a 53' dry -van WITHOUT a
responsibility and
liftgate.
is NOT
Offloading
included
is
in
the
shipping

CUSTOMER' S
costs. ( 2)
Forklifts or ( 1) Forklift with extended forks and a capacity of greater than 5, 000Ibs will be required to offload the
pallet( s). Please discuss offloading options with an Park Planet representative PRIOR to placing an order.

Offloading & storage of equipment is the customer' s
responsibility. For most products a forklift rated for 50001bs or more is recommended.
216
Park Planet
a Division of Park Associates, Inc.

Park Planet 415 Elm Street
Red Bluff CA 96080
Quote# Q24- 2519
Green Park
Description Vendor Qty Rate Amount
Equipment only. Installation to be supplied by others.

Subtotal $ 222, 850. 2
Tax Total (%) $ 19,37. 76
Total $ 241, 987.6

A PURCHASE ORDER OR SIGNED CHANGE ORDER MUST BE RECEIVED BEFORE ADDITIONAL EQUIPMENT, INSTALLATION, OR SERVICES CAN PROCEED. IF PAYING BY CREDIT CARD, A SURCHARGE WILL BE ASSESSED ON PAYMENT AMOUNT FOR 3.5% VISA/ MC OR 5% AMEX.

Printed Name: Title:

Authorized Signature: Date:

Purchasing agent who is authorized to enter into binding agreement for quoted entity.

By signing this quote, I have read and agree to the quote Terms & Conditions listed below, on the following page. 217
Park Planet
a Division of Park Associates, Inc.

Park Planet 415 Elm Street
Red Bluff CA 96080

TERMS & CONDITIONS
Quote# Q24- 2519
Green Park

1. General NotesAssembly, Installation and Offloading NOT included unless otherwise noted.

Payment and Performance bonds, Builder' sRisk and special insurance NOT included unless stated and quoted.

Customer responsible for quantities and model numbers. Revised quote needed if quantities revised.

2. Payment / OrderingCredit terms specific to each customer. See terms in upper right corner of Park Planet quotes..

Purchase orders or purchase contracts are needed to order. If none available, a signed Park Planet quote may be used in lieu of a formal PO.

All past due accounts subject to 1 '' A % monthly finance charge. In the event legal action is required to effect collection, venue shall be Red Bluff, CA.

3. Shipping / UnloadingShipped by Common Carrier — Customer will need 2 to 4 people to unload. Liftgate NOT included unless quoted. Items will be boxed and / or stretch wrapped to pallets and customer is responsible for offloading. Delivery Drivers do NOT unload.

IMPORTANT: Customer is responsible for receiving and checking quantities and condition at time of delivery Please note any shortages or damages on delivery copy.

Notwithstanding anything to the contrary in any Contract Documents, Customer understands that estimated shipment times for materials are an estimate only.

We have no control over shipment dates. We thus make no guarantee to Owner or Customer regarding the projected shipment dates for materials and shall not be liable for any loss caused by the timing of shipments.

4. Engineered Wood Fiber
Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53' trailer.

Compaction of the Engineered Wood Fiber is NOT included in the installation cost, if desired, please request an updated proposal.

5. General Notes for Purchased Installation
Installation does NOT include ground preparation, excavation, safety surfacing, and/ or safety surfacing borders, prep work, flat work, grading, rerouting of water, electric, drainage or sprinkler lines unless otherwise noted in the proposal.

Demo of existing equipment or safety surfacing is NOT included unless otherwise stated in the proposal.

ROCK CLAUSE: Pricing is based on normal soil conditions which would allow an auger on a tractor to dig footings. If rocks/ boulders interfere with the progress of the excavation, additional fees may apply.

ACCESS CLAUSE: Installation based on clear access to area. Crane service is NOT included. Customer to provide access for bobcat to work area, bobcat will be provided by the installer. Minimum access shall be 7' wide and 7' high. If adequate access is not provided additional charges may apply and repairs to landscape and irrigation may be required. Customer is responsible for any repairs to landscape if proper access is not provided.

UTILITY CLAUSE: Unless stated in writing in the quote proposal, installation does not include marking of utilities by Dig Alert or other similar entities. Customer can, however, call Dig Alert directly. Dig Alert CANNOT locate any private lines, PVC or plastic water lines. Installation does NOT include repair or relocating any underground utilities, such as drainage, irrigation, live water lines, main low voltage lines, gas, electrical, communication, or sewer etc.

Customers responsibility to provide locations of any utilities prior to commencement of work.

Customer is responsible for all landscape repairs such as, but not limited to damaged trees, bushes, lawn, curbing, sidewalks and/ or asphalt paving caused by materials truck and/ or 2ton bobcat needed to complete project.

6. Temporary Fencing
Security guards and/ ortemporary fencing to prevent injuries, vandalism and/ or accidental damage to install area or to the rubberized surface while it sets is NOT included unless noted on quote. If desired, the installers can put up caution tape, but Temporary Fencing is recommended. Although the fencing, if provided, is intended to provide this security, the overall security of the property is ultimately the responsibility of customer. We are not responsible for any vandalism or injuries even with the provision of the fencing.

7. ADA Access
Play Equipment MUST be installed over an impact absorbing surface such as ADA compliant Engineered Wood Fiber or Rubber Surfacing. If not quoted, please call for details.

This area is NOT ADA compliant without the installation of compliant surfacing and an accessible route up to and into the playground area. Please call for details.

8. Poured in Place Rubber Surfacing
Rubber Surfacing cannot be installed during extreme weather conditions and may not be installed if rain or frost is forecasted during 48- 72 hr. cure time. 24 Hour Manned Security is NOT included in Park Planet quotes.

9. Shade Shelters ( non DSA)
Shade Shelter installation price EXCLUDES — unless otherwise stated in this quote engineering, drawings, calculations, permits, permit submittal, site plans, special inspections, soil reports, impact fees, special assessment fees. Customer is responsible for any and all of these items if required by the City/ounty.

PLEASE NOTE: Shade Orders are NOT released into production until permit is issued! Shade Shelter installation price EXCLUDES concrete pad, footings, masonry columns, electrical wiring and lights unless otherwise noted.

10. Shade Shelters ( DSA)
Fabrication cannot begin until AFTER DSA approval by your architect DSA in -plant Welding Inspector to be hired by the School District. Welding Inspector fee has NOT been quoted.

School District / Architect responsible for submission of plans to DSA for DSA approval Pricing does NOT include footings, steel cages, anchor bolts, or erecting of shade shelter unless otherwise noted.

11. Prevailing Wages — assumed and quoted unless specifically excluded due to private works.

Park Planet does not meet the Skilled & Trained Workforce Requirements and will not participate in same. Park Planet will not sign any PLA' sfor Union Work and is not signatory to any unions.

12. Indemnity Provision
Notwithstanding anything to the contrary in any Contract Documents we shall have no duty to defend or indemnify Owner, Customer, or any other party we agree to defend or indemnify in any Contract Documents for that portion of any claim arising out of the comparative fault of any party we agree to defend or indemnify in any Contract Documents.
218
freenflelds
utdoor Fitness
Greenfields Outdoor Fitness, Ic
2617 West Woodland Drive
Anaheim, CA 92801
Phone: 888- 315- 9037
Fax: 866- 308- 9719
Email: orders@greenfieldsfitness. com

ATTACHMENT
A
Bill To:

CA - City of Lathrop - Green Park Refurbishment
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Customer: CA - City of Lathrop
Estimate
Order # Date
S26741 06/ 11/ 2024
1111111111111111111111111111
Ship To:

CA - City of Lathrop
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Contact: CA - City of Lathrop
Sales Rep Payment Terms FOB Point Carrier Date Scheduled CL NET 30 Origin Freight 06/ 11/ 2024
Item
Number Description Color Unit Price Qty Total Price
1 Sourcewell
Contract #
2 3 SGRO48A- 03
4 SGRO48E- 03
5 SGR102- 03
6 SHP506- 03
7 8 Sourcewell
Member
Discount
9 Shipping &
Handling
10 SM Installation
11 Terms for
Bidders
12 NOT Included
13 GR12024
Sourcewell Contract# 010721- GRN
City of Lathrop Sourcewell Account # 20553

SURFACE MOUNT INSTALLATION METHOD
2 -Person Chest Press ( formerly SGR2005- 1-48A) Green/ Tan $ 4, 795. 00 1 ea $ 4, 795. 00 2 -Person Combo Butterfly & Reverse Fly (formerly Green/ Tan $ 6, 395. 00 1 ea $ 6, 395. 00 SGR2005- 1-48E)
2 -Person Leg Press ( formerly SHP505) Green/ Tan $ 4, 995. 00 Single Air Walker (formerly SHP2009- 5-06) Green/ Tan $ 2, 495. 00 Subtotal
Sourcewell Member Discount 7%

0.0 1 ea $ 0.0
Ships in large crates - forklift is needed to unload
All units are Surface Mount installation method,
installation NOT included and done by others
50% deposit with a signed order; Balance due upon
receipt; Without payment bond, prepaid terms apply
Installation NOT included and done by others
General Rate Increase of 8.5% due to inflation. ( This
rate is subject to change as per fluctuation in the
marketplace)
Prices are valid for 60 days from the Estimate date.

CUSTOMER APPROVAL: I hereby approve this order, the item selection, color selection, and overall Terms & Conditions. I understand should collection of this agreement become necessary, I agree to pay all collection fees and attorney fees/ court costs, etc. The undersigned customer authorizes Greenfields to ship items on this estimate and pay Greenfields the amount specified per payment terms listed on this estimate.

Approval signature: :

Signed by (print name)
June 11, 2024 4: 17: 03 PM PDT
Date:

Subtotal:

Sales Tax:

Total:
1 ea
1 ea
4, 995. 00
2, 495. 00
18, 680. 0
1, 307. 60
1, 500. 0 1 ea $ 1, 500. 0

0.0 1 ea $ 0.0

0.0 1 hr $ 0.0

0.0 1, 587. 80
1 hr $ 0.0
1 ea $ 1, 587. 80
20, 460. 2
1, 790. 27
22,50. 47

219

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INTENTIONALLY
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220
ITEM 4. 13

CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD ADDITIONAL SCOPE OF WORK TO DSS

COMPANY DBA KNIFE RIVER CONSTRUCTION AND

APPROVE BUDGET AMENDMENT TO CONSTRUCT

SIDEWALK IMPROVEMENTS AT THE LOUISE AVENUE

AND MCKINLEY AVENUE INTERSECTION PROJECT,
CIP PS 15- 02
RECOMMENDATION: Adopt Resolution to Award Additional Scope of Work to DSS Company DBA Knife River Construction and
Approve a Budget Amendment to Construct Sidewalk
Improvements at the Louise Avenue and McKinley
Avenue Intersection Project, CIP PS 15- 02
SUMMARY:

The City of Lathrop is currently under contract with DSS Company dba Knife River Construction ( Knife River) for construction of Capital Improvement Project ( CIP) PS 15- 02 Louise Avenue and McKinley Avenue Intersection Improvements ( Project). The improvement plans, completed in 2019, consist of widening Louise Avenue, modifying travel lane configurations along McKinley Avenue and upgrading the existing traffic signal at the Project intersection.

At the time the Project improvement plans were approved, the properties north and east of the Louise Avenue and McKinley Avenue intersection were not developed, therefore the Project improvement plans excluded sidewalk connectivity between adjacent development and the Project. Since 2019, A&Intermodal and Cheema Freightlines have developed their parcels and constructed frontage improvements that include curb, gutter, and sidewalk. Staff received a proposal from Knife River ( refer to Attachment B) to construct sidewalk from the Project to the adjacent developments to provide pedestrian connectivity with this Project. The additional work is exempt from bidding as another contract would interfere with the originally awarded scope of work with Knife River and the additional work cannot be delayed until the originally awarded scope of work is completed and accepted.

The amount of $408, 000 consist of the construction costs referenced below:

A. Construct Sidewalk, Curb, Gutter, and Additional Pavement $ 332, 275 B. Relocate Signal Pole, Pull Box, and Splice Wire $ 55, 904 C. City -Purchase Material, Street Lights, Foundation, and Conduits $ 19, 821 Total Additional Construction Cost $ 408, 000
221
CITY MANAGER' S REPORT PAGE 2
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

AWARD ADDITIONAL SCOPE OF WORK TO DSS COMPANY DBA KNIFE RIVER

CONSTRUCTION AND APPROVE BUDGET AMENDMENT TO CONSTRUCT

SIDEWALK IMPROVEMENTS AT THE LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION PROJECT, CIP PS 15- 02
The approved 10% contingency has a current balance of $ 108, 000 which is not sufficient to pay for the additional construction cost. Therefore, staff is requesting Council approve the award of the additional $ 408, 000 scope of work and a budget amendment transferring $ 300, 00 from the General Fund Street Repair Reserves 1010) to CIP PS 15- 02 Project Fund ( 3310) to fund the construction of the additional sidewalk, curb and gutter, installation of street lights, and relocation of signal poles.

BACKGROUND:

On October 9, 2023, City Council awarded a construction contract to Knife River for 2, 720, 377. 40 and authorize a 10% construction contingency of $ 272, 038 for construction of CIP PS 15- 02. The Project improvements included widening the Louise Avenue and McKinley Avenue intersection, installing exclusive left -turn lanes on all directions and modifying the existing traffic signal.

At the time the Project improvement plans were approved, the properties north and east of the Louise Avenue and McKinley Avenue intersection were not developed, therefore the Project improvement plans excluded sidewalk connectivity between adjacent development and the Project. Since 2019, A&Intermodal and Cheema Freightlines have developed their parcels and constructed frontage improvements that include curb, gutter, and sidewalk. Staff requested a proposal from Knife River ( refer to Attachment B) to construct sidewalk from the Project to the adjacent developments to provide pedestrian connectivity with this Project. The additional work is exempt from bidding as another contract would interfere with the originally awarded scope of work with Knife River and the additional work cannot be delayed until the originally awarded scope of work is completed and accepted.

The construction costs referenced below capture the additional scope of work:

A. Construct Sidewalk, Curb, Gutter, and Additional Pavement $ 332, 275 B. Relocate Signal Pole, Pull Box, and Splice Wire $ 55, 904 C. City -Purchase Material, Street Lights, Foundation, and Conduits $ 19, 821 Total Additional Construction Cost $ 408, 000
The Project' s
10% contingency is not sufficient to pay for the additional construction of sidewalk. Therefore, staff is requesting Council approve the award of the additional 408, 000 scope of work and a budget amendment to increase the amount of construction budget to complete the Project.
222
CITY MANAGER' SREPORT PAGE 3
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

AWARD ADDITIONAL SCOPE OF WORK TO DSS COMPANY DBA KNIFE RIVER

CONSTRUCTION AND APPROVE BUDGET AMENDMENT TO CONSTRUCT

SIDEWALK IMPROVEMENTS AT THE LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION PROJECT, CIP PS 15- 02
REASON FOR RECOMMENDATION:

Approving a budget amendment will allow staff and Knife River to construct the additional sidewalk improvements and provide a complete street corridor. Sidewalk connectivity will allow pedestrians to cross through the intersection and promote safety and mobility along Louise Avenue and McKinley Avenue.

FISCAL IMPACT:

The cost for Knife River to construct the additional sidewalk improvements is 408, 000. The authorized 10% construction contingency of $ 272, 038 has a current balance of $ 108, 000 which is not sufficient to pay for the additional construction cost.

Therefore, staff is requesting Council approve a budget amendment transferring 300, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:

Decrease Street Reserves
1010- 251- 03-0 $ 300, 00
Increase Transfer Out
1010- 9900-90- 9010 $ 300, 00
Increase Transfer In
3310- 9900- 393- 0000 PS 15- 02 $ 300, 00
Increase Appropriation
3310- 8000- 420- 10 PS 15- 02 $ 300, 00
ATTACHMENTS:

A. Resolution to Award Additional Scope of Work to DSS Company DBA Knife River Construction and Approve a Budget Amendment to Construct Sidewalk Improvements at the Louise Avenue and McKinley Avenue Intersection Project, CIP PS 15- 02
B. Additional Scope of Work from DSS Company DBA Knife River Construction 223
CITY MANAGER' SREPORT PAGE 4
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

AWARD ADDITIONAL SCOPE OF WORK TO DSS COMPANY DBA KNIFE RIVER

CONSTRUCTION AND APPROVE BUDGET AMENDMENT TO CONSTRUCT

SIDEWALK IMPROVEMENTS AT THE LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION PROJECT, CIP PS 15- 02
APPROVALS:

Ange' fb rca
Assistant Engineer
Foe2 - 202` f
Date
Ken eed Date
2/ 7021- 1
Senior Construction Manager
Brad aylor
City Engineer
Cari Jam
Director o ' inance
Michael King
Assistant y Manager
Date
Date
rib/ 020= 4

7. Z • Zozy
Date
100 -1/ 1 -
Salvador Navarrete Date
City Attorney
2• zitz
Stephen J. Salvatore Date
City Manager
224
RESOLUTION NO. 24-

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

ADDITIONAL SCOPE OF WORK TO DSS COMPANY DBA KNIFE RIVER

CONSTRUCTION AND APPROVE BUDGET AMENDMENT TO CONSTRUCT

SIDEWALK IMPROVEMENTS AT THE LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION PROJECT, CIP PS 15- 02
WHEREAS, the City of Lathrop is currently under contract with DSS Company dba Knife River Construction ( Knife River) for construction of Capital Improvement Project ( CIP) PS 15- 02 Louise Avenue and McKinley Avenue Intersection Improvements ( Project); and
WHEREAS, the improvement plans completed in 2019 consist of widening Louise Avenue, modifying travel lane configurations along McKinley Avenue and upgrading the existing traffic signal at the Project intersection; and WHEREAS, at the time the Project improvement plans were approved, the properties north and east of the Louise Avenue and McKinley Avenue intersection were not developed, therefore the Project improvement plans excluded sidewalk connectivity between adjacent development and the Project; and WHEREAS, since 2019, A&Intermodal and Cheema Freightlines have developed their parcels and constructed frontage improvements that include curb, gutter, and sidewalk; and
WHEREAS, staff requested a proposal from Knife River to construct sidewalk from the Project to the adjacent developments to provide pedestrian connectivity with this Project; and
WHEREAS, the additional work is exempt from bidding as another contract would interfere with the originally awarded scope of work with Knife River and the additional work cannot be delayed until the originally awarded scope of work is completed and accepted; and
WHEREAS, the additional cost for Knife River to construct these improvements is $ 408, 000. The approved 10% contingency has a current balance of 108, 000 which is not sufficient to pay for the additional construction cost; and WHEREAS, staff is requesting Council approve the award of the additional 408, 000 scope of work and a budget amendment transferring $ 300, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:

Decrease Street Reserves
1010- 251- 03-0 $ 300, 00
Increase Transfer Out
225
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
300, 00
PS 15- 02 $ 300, 00
PS 15- 02 $ 300, 00
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the award of the additional $ 408, 000 scope of work and a budget amendment transferring $ 300, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project ( 3310) as detailed above. 226
The foregoing resolution was passed and adopted this 8th day of July 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROV ' AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 227

KNIFE RIVER

CONSTRUCTION

AN MDU RESOURCES COMPANY

ATTACHMENT
SUBJECT: Sidewalk Additions
PROJECT: Louise Ave & McKinley Ave Intersection Improvements TO: City of Lathrop - Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
ATTN: Ken Reed
DATE: 06/4/ 24
JOB NO: 57231827
FROM: Revae Martinez

DESCRIPTION
Sidewalk, curb and gutter additions to the northeast and southeast corners of the Louise Ave & McKinley Ave Intersection. Costs proposed below capture the additional rough grade/ removal, concrete grading, form and pour for the additional concrete, as well the storm drain abandonment and relocation of the fire hydrant located on the northeast side of McKinley.

Additional AB/C required for widening the new road section will be tracked through the items included withing our contract.

Below are the estimated costs to be added to the contract based on the additional square footage shown on the plans.

Costs included within this change order are based on plans produced by Wong Engineers, dated 05/ 23/024.

This change order adds 20 working days to the contract ( see attached schedule).

CO ITEM CO DESCRIPTION
001 PCMS Board Rental ( 2 EA/ 2 WK)
002 Storm Drain Abandonment
003 Remove Ex Material at New Pavement Areas
004 Concrete Grading
005 Curb Ramps
006 Curb & Gutter ( City Std Detail R- 11)
007 Curb, Gutter & 9.5' Sidewalk
008 Curb, Gutter & 4. 5' Sidewalk
009 Relocate Fire Hydrant
1 LS
1 LS
13100 SF
1 LS
1370 AF
140 LF
300 LF
360 LF
1 EA
1,80. 0
4, 075.0

3. 10
17, 400. 0

29. 00

65. 25
128. 45

96. 20
3,53. 00
1,80. 0
4, 075.0
40, 610. 0
17, 400. 0
39, 730. 0
9, 135. 00
38, 535. 00
34, 632. 00
3,53. 00
l• A OUNT $ 188, 66
PCO NO. 002 ADDS

BID ITEM BID ITEM DESCRIPTION QTY UM
19 Place New HMA at 9. 5" Thick 780 TN
19B Aggregate Base 660 CY
UNIT
109. 25

88. 50
COTAL
85, 215. 00
58, 410. 0
TOTAL AMOUNT $ 143, 625. 00

CONTRACT ADDS

APPROVAL
BY:

DATE:

Ken Reed
BY:

DATE:

ZruoreRevae Martinez4(
06/4/ 2024
655 W. Clay St., P. O. Box 6099 • Stockton, CA 95206 • ( 209) 948- 0302 • Fax ( 209) 948- 6652 228
KN 1

TRUCTION

FE RIVER
CONS

AN MDU RESOURCES COMPANY
SUBJECT: Relocate Pull Boxes for Concrete Modifications DATE: 06/ 19/ 24 PROJECT: Louise Ave & McKinley Ave Intersection Improvements JOB NO: 57231827 TO: City of Lathrop - Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
ATTN: Ken Reed
FROM: Revae Martinez

DESCRIPTION
Costs proposed below are options based on discussion onsite with City of Lathrop, Knife River & Tennyson on 06/ 14/ 2024; regarding the relocation of the pull boxs located on the NE & SE corners required for the sidewalk additions.

Option 1.) Splice wire and extend behind back of landing.

This option adds 5 working days to the contract ( see below break down) Option 2.) Re -pull wire entirely to extentd boxes behind back of landing.

This option adds 7 working days to the contract ( see below break down) Time Constraints/ Schedule
The underground crew will be a 4 -man crew and work will take 4 -Days. The Electrical Crew will be a 3 -man crew and depending on the option will take 1- 3 days. Work will need to be performed on Saturdays due to availability of crews.

ITEM DESCRIPTION UIVI UNIT TAL
001 Splice Wire
002
1 LS $ 50, 821. 07
10% Markup for SUBCONTRACTED WORK
50, 821. 07
5, 082. 11
OPT 1 AMOUNT 55, 903. 18
1 LS $ 109, 051. 97
10% Markup for SUBCONTRACTED WORK
109, 051. 97
10, 905. 20
OPT 2 AMOUNT 119, 957. 1

APPROVAL
BY:

DATE:

Ken Reed
BY:

DATE:

Z6Gioite: •ft.

Revae Martinez
06/ 19/ 2024
655 W. Clay St., P. O. Box 6099 • Stockton, CA 95206 • ( 209) 948- 0302 • Fax ( 209) 948- 6652 229

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230
ITEM 4. 14

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

FOR CONSTRUCTION OF YOSEMITE AVENUE
PAVEMENT REHABILITATION, CIP PS 24- 31 AND

APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to DSS Company dba Knife River Construction for
Construction of Yosemite Avenue Pavement
Rehabilitation, CIP PS 24- 31 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) to repair the existing deteriorating pavement surface on Yosemite Avenue from State Route SR) - 120 to easterly City limits. The Project scope of work includes the installation of tack coat, glass grid, 3" of Hot Mix Asphalt overlay with shoulder backing, and thermoplastic striping.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on June 11, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)

2. 36. 060. The City Clerk received and opened six ( 6) bids on June 27, 2024. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be DSS Company dba Knife River Construction ( Knife River) with a bid of $ 872, 030.

Staff requests City Council award a construction contract to Knife River for construction of the Project in the amount of $ 872, 030 and authorize a 10% construction contingency of $ 87, 200 for a total construction budget of $ 959, 230.

CIP PS 24- 31 currently has a balance of $ 50, 000. Therefore, staff is also requesting Council approve budget amendment transferring $ 910, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) to fund the construction contract and a 10% contingency.

BACKGROUND:

Through field observations, staff assessed the conditions of Yosemite Avenue from SR - 120 to the eastern City limits and determined that it requires rehabilitation. On February 12, 2024, City Council created CIP PS 24- 31 to rehabilitate the deteriorated pavement surface along Yosemite Avenue.
231
CITY MANAGER' SREPORT PAGE 2
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER FOR CONSTRUCTION OF YOSEMITE AVENUE PAVEMENT REHABILITATION, CIP PS 24- 31 AND

APPROVE BUDGET AMENDMENT
The Project scope of work consists of installing tack coat, glass grid, 3" of Hot Mix Asphalt overlay with shoulder backing, and thermoplastic striping.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on June 11, 2024, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.

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

Table 1: Summary of Bid Results
Contractor Base Bid
DSS Company dba Knife River Construction 872, 030
George Reed, Inc. 876, 411. 25
Consolidated Engineering, Inc. 892,68. 50
Tracy Grading & Paving, Inc. 903, 553
United Pavement Maintenance, Inc. 975, 685
JV Lucas Paving, Inc. 1, 069, 799. 25
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Knife River. Staff requests City Council adopt a resolution awarding a construction contract to Contractor for $ 872, 030.

Staff also requests City Council authorize a 10% construction contingency of $ 87, 200 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total construction budget of $ 959, 230.

REASON FOR RECOMMENDATION:

The Gateway development has repaved and expanded Yosemite Avenue from D' Arcy Parkway to McKinley Avenue. Construction of CIP PS 24- 31 is needed to improve the remaining sections and correct other pavement deficiencies along Yosemite Avenue from SR - 120 to easterly City limits.

FISCAL IMPACT:

Sufficient funds were not allocated in the approved FY 23-4 budget, thus staff is also requesting the approval of a budget amendment transferring $ 910, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:

Decrease Street Repair Reserves
1010- 251- 03-0 $ 910, 00
232
CITY MANAGER' SREPORT PAGE 3
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER FOR CONSTRUCTION OF YOSEMITE AVENUE PAVEMENT REHABILITATION, CIP PS 24- 31 AND

APPROVE BUDGET AMENDMENT
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
ATTACHMENTS:
910, 00
PS 24- 31 $ 910, 00
PS 24- 31 $ 910, 00
A. Resolution Awarding a Construction Contract to DSS Company dba Knife River Construction for Construction of Yosemite Avenue Pavement Rehabilitation, CIP PS 24-9 and Approving Budget Amendment
B. Construction Contract with Knife River for Construction of Yosemite Avenue Pavement Rehabilitation, CIP PS 24-9
233
CITY MANAGER' S REPORT PAGE 4
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER FOR CONSTRUCTION OF YOSEMITE AVENUE PAVEMENT REHABILITATION, CIP PS 24- 31 AND

APPROVE BUDGET AMENDMENT
APPROVALS:

G•- 2te-02df
Angel arca Date
Assistant Engineer
Ken Reed Date
Senior Construction Manager
Brad !' aylor Date
City Engineer
Cari Jame. Date
Director of Fi ance
Michael King
Assistant y Manager
Ca• ZS.y
Date
tilmM
Salvador Navarrete Date
City Attorney
7•Z •Lµ
Stephen J. Salvatore Date
City Manager
234
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AWARDING A CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE

RIVER CONSTRUCTION FOR CONSTRUCTION OF YOSEMITE AVENUE
PAVEMENT REHABILITATION, CIP PS 24- 31 AND APPROVE BUDGET

AMENDMENT
WHEREAS, on February 12, 2024, City Council approved the creation of Capital Improvement Project ( CIP) PS 24- 31 Yosemite Avenue Pavement Rehabilitation ( Project) to repair the existing deteriorating pavement surface on Yosemite Avenue from State Route ( SR) - 120 to easterly City limits; and WHEREAS, the Project scope of work includes the installation of tack coat, glass grid, 3" of Hot Mix Asphalt overlay with shoulder backing, and thermoplastic striping; and
WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on June 11, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, Six ( 6) bids were received and opened on June 27, 2024; and WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be DSS Company dba Knife River Construction ( Knife River) with a bid of $ 872, 030; and WHEREAS, staff is requesting City Council award a construction contract to Knife River for the construction of CIP PS 24- 31 in the amount of $ 872, 030 and authorize a 10% construction contingency of $ 87, 200 for a total cost not to exceed 959, 230; and
WHEREAS, CIP PS 24- 31 currently has a balance of $50, 000. Therefore, staff is also requesting Council approve budget amendment transferring $ 910, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:

Decrease Street Repair Reserves
1010- 251- 03-0 $ 910, 00
Increase Transfer Out
1010- 9900-90- 9010 $ 910, 00
Increase Transfer In
3310- 9900- 393- 0000 PS 24- 31 $ 910, 00
235
Increase Appropriation
3310- 8000- 420- 10 PS 24- 31 $ 910, 00
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Knife River for construction of CIP PS 24- 31 Yosemite Avenue Pavement Rehabilitation for a cost of $ 872, 030; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 10% construction contingency of $ 87, 200 for a total construction budget of $ 959, 230and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 910, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project ( 3310) as detailed above. 236
The foregoing resolution was passed and adopted this 8th day of July 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVE AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 237

ATTACHMENT

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

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

2. General Scope of Project and Work. Construction Documents for Yosemite Avenue Pavement Rehabilitation, CIP PS 24- 31 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:

The scope of work includes, but is not limited to installation of tack coat, glass grid, 3" of Hot Mix Asphalt overlay with shoulder backing, installation of thermoplastic striping, and performing all appurtenant work in place and ready for use, all as shown in the Contract Plans and Specifications.

The work shall be completed within 30 working days following issuance of Notice to Proceed.

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

Base Bid Total: $872, 030.

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

Project Specifications, Project Plans, addenda, perfoituance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Knife River on June 27, 2024.

For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions. 238

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

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

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

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

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

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

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract.

A waiver by City of any breach of any part or provision ofthis Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in 239
the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.

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

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

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s
proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' s
performance of Work, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
240
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.

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

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
241
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' sname, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.

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

10. Bonds. As a condition precedent to City' sobligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
242

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 243
12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

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

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

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

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

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

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

Phone:

Fax:

ATTN:
244

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
245
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
246
Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' sSubmitted Bid Item List
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
247
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATHROP

APPROVF
By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
248
EXHIBIT "jj."
SECTION 00300

YOSEMITE AVENUE PAVEMENT REHABILITATION BID PROPOSAL FORMS CIP PS 24- 31

BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
A 1-' ENTION: City Clerk
FOR: YOSEMITE AVENUE PAVEMENT REHABILITATION, CIP PS 24- 31 THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:

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

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

BASIS OF AWARD
The basis for award of the contract will be the total price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid or none ofthe work. 00300- 1
249
SECTION 00300

YOSEMITE AVENUE PAVEMENT REHABILITATION
CIP PS 24- 31

BID PROPOSAL FORMS
YOSEMITE AVENUE PAVEMENT REHABILITATION, CIP PS 24- 31

BID SCHEDULE
BID
ITEM

DESCRIPTION QUANTITY UNITS
UNIT
PRICE

EXTENDED
TOTAL
1 Mobilization, Bonds & Insurance 1 LS st , ca) .00 2. , coo -CO 2 Traffic Control 1 LS lo, 000 •00 d, Soo ,Cr- 3
3 Lower and Raise Valve Covers 2 EA 2t . 00 S ,3CO. C ) C 4 Lower and Raise Monument Covers 2 EA 2., 0 • CC., 57300 . ay 5 Grind Out and Dispose 3" AC 112, 900 SF O . 44Lk t4, W14 ,C0 6 Digouts as Shown Per Plans 2, 500 SF p0 1-' j, sex) .00 7 Place HMA @ 3" Depth / Single Lifts 3, 550 TON IQ'. 016 Sca.,$ •1. Oo 8 Install Tensar 8502 G1asGrid 68, 400 SF 1q 122, 44, .00 9 Shoulder Backing 815 TON 1 . CU e.41, 5 -toS. C>0
10 Thermoplastic Striping - Caltrans
Detail 22 3, 430 LF 5. 40 Cj22 • = Standard 12>
11 Thermoplastic Striping- Caltrans Std.

Pln. A20, Detail 27B
8, 175 LF 2. CC. 1+ 0. Od
12 Thermoplastic Striping - Caltrans Std.

Pln. A20, Detail 38
1,20 LF Ov
13 Thermoplastic Striping - Caltrans Std.

Pln. A20, Detail 39
5,15 LF 2 -eve.) IS, ..W 2 •bU
14 Thermoplastic Striping- Caltrans Std.

Pln. A20, Detail 39A
610 LF 2. > D .00
15 Thermoplastic Striping - 8"
White/ Yellow Line Diagonal
300 LF 1 E• 1 3 ' a0
16 Methyl methacrylate ( MMA) Green
Enhancement 2, 460 SF e , (tS
t.-', ,rte' , CO
17 Thermoplastic Striping - 12" White Line 75 LF j3 . S4 1 / on. Oo 18 Thermoplastic Striping - Yield Line 15 LF Srl• QUO 1, 01' • CG.) 19 Thermoplastic Marking - Type I Arrow
24') (Thru)
2 EA Cr . OU 1 30. CO
20 Thermoplastic Marking - Type IV
Arrow (Left or Right)
17 EA 3 OO 5 , Cs r3 .00
21 Thermoplastic Marking - BIKE LANE,

ONLY BUS, STOP
9 EA g8 .00 t.. e, t02 -CO
22 Insert Blue RPM @ Fire Hydrant 5 EA
r ,00 2.r,.6• 00
23 Signage as Shown per Plans 1 LS 21,' y.{ p ,Vp 21 ,2. 140. 00 TOTAL BASE BID: . e1 -., O2 . OC_
TOTAL BASE BID IN WORDS:
17' 442zy l7ezzc.. t- its • "..)D r
00300- 2
250
SECTION 00300

YOSEMITE AVENUE PAVEMENT REHABILITATION BID PROPOSAL FORMS CIP PS 24- 31

INFORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.

BIDDER' SINFORMATION
1) Bidder' s name and address:

DSS Company dba Knife River Construction
615 West Clay Street
Stockton, CA.
2) Bidder' stelephone number: 209- 932- 2100
3) Bidder' sfax number• 209- 94R- 6657
4) Bidder' sContractor' sLicense ( Class). A
License No.: 334653
Expires- 09/ 30/ 2025
Person who inspected site of proposed work for Contractor' sfirm:

Name: Revae Martinez Date ofInspection:( 5) (. e 1 a
L .& I
List 3 projects of a nature similar to this project:
5)
Project Contract
Price
Name, Address and
Telephone Number of Owner
Louise Ave. & McKinley Ave.

Intersection Improvement 2, 720, 337. 40
City of Lathrop
390 Towne Center Drive, Lathrop, CA. 95330 - 209- 941- 7363 Tracy Pavement Rehabilitation
Pro ect J
4, 181, 994. 00
City ofTracy
333 Civic Center Plaza, Tracy, CA. 95376 - 209- 831- 6444 Pavement Management Program 2023 1, 321, 540. 75
City of Brentwod
150 City Parkway, Brentwood, CA. 94513 - 925- 516-420
00300- 3
251
SECTION 00300

YOSEMITE AVENUE PAVEMENT REHABILITATION BID PROPOSAL FORMS CIP PS 24- 31
LIST OF SUBCONTRACTORS:

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

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

Work to be Performed
Subcontractor
License
Number
Percent of
Total Contract Subcontractor / Address / Phone

1. Grinding 256390 3%
Anrak Corporation
Sacramento' (916) 383- 5030

2. Tack Coat
GlasGrid
705296 15 /°
Pacific NorthWest Oil
Stockton, CA 1 ( 209) 463-762

3. Striping, Signage &
Reflective Markers 755317 22 /°
Sierra Traffic Markings
Roseville, CA 1 ( 916) 774- 9080

4. 5.

6. Note: Attach additional sheets ifrequired.
00300- 4
252
SECTION 00300

YOSEMITE AVENUE PAVEMENT REHABILITATION BID PROPOSAL FORMS CIP PS 24- 31

ADDENDA
Bidder certifies he reviewed ARC Stockton' s Plan Well for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
to-- Zo r211)
Respectfully submitted,
c,[ 97/ Q4i
Dated Legal Name of Firm
DSS Company dba Knife River Construction
Signat re ofAuthorizeRepresentative
Seal)
IfBidder is a corporation, show State in which incorporated.) California
The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:

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

President - Steve Essoyan
Vice Prelsident/ General Manager - Rod Getty
Regional Controller/ Assistant Secretary - Mike Fiddler DSS Company dba Knife River Construction
655 West Clay Street, Stockton, CA. 95206
00300- 5
253

PAGE LEFT

INTENTIONALLY
BLANK
254
ITEM 4. 15

CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY CITY MANAGER' SEXECUTION OF CCO NO. 2

AND ACCEPT PUBLIC IMPROVEMENTS

CONSTRUCTED BY LUMA ENGINEERING
CONTRACTORS, INC. FOR PARK WEST SHADE

SHELTER
RECOMMENDATION: Adopt Resolution Ratifying City Manager' s Execution
of CCO No. 2, Accepting Public Improvements
Constructed by Luma Engineering Contractors, Inc.
for Park West Shade Shelter, Authorizing the Filing
of a Notice of Completion, and Release of Contract
Retention and Performance and Payment Bonds
SUMMARY:

Luma Engineering Contractors, Inc. (Luma) has completed the construction of Park West Shade Shelter ( Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

Luma 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 ratify the City Manager' sexecution of Contract Change Order ( CCO) No. 2 ( Attachment C). Staff also requests City Council accept the completed improvements constructed by Luma for the Project. Staff further requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Luma of $ 9, 632 within forty-ive (45) days after recording the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

On June 23, 2023, the City Manager awarded a construction contract to Luma for the construction of the Project in the amount of $ 66, 250, with a 13% construction contingency of $8, 613 for staff to use as necessary to achieve the goals of the Project.

The Project scope included construction of a concrete slab and installation of an octagonal steel shade shelter at Park West.

Two contract change orders totaling $ 8, 947 were issued during the construction of the project, for a total Project Cost of $75, 197. CCO No. 2 for a cost of $ 6, 182 was executed using the City Manager' ssigning authority to avoid any delay in completing the Project.
255
CITY MANAGER' S REPORT PAGE 2
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' SEXECUTION OF CCO NO. 2 AND ACCEPT PUBLIC

IMPROVEMENTS CONSTRUCTED BY LUMA ENGINEERING CONTRACTORS, INC. FOR PARK WEST SHADE SHELTER
Upon acceptance of the improvements, the performance bond ( Bond No. SU1194818- 0000, $66, 250) and payment bond ( Bond No. SU1194818- 0000, $66, 250) will be released and replaced with a one- year warranty bond ( Bond No. SU1194818- 0000, 6,25). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. Luma has also provided the necessary lien releases for the materials supplied and completed work.

Staff requests City Council ratify the City Manager' s execution of CCO No. 2 for 6, 182. Staff also requests City Council accept the improvements constructed by Luma for Park West Shade Shelter. Staff further requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Luma of $ 9, 632 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

REASON FOR RECOMMENDATION:

Luma has completed the Project pursuant to the contract documents dated June 23, 2023. Staff inspected the improvements and they have been deemed complete and in accordance with the plans and specifications approved by the City Engineer.

Luma 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' s acceptance of the improvements.

FISCAL IMPACT:

The final construction contract amount with Luma for the Project is $ 75, 197.

Adequate funds have been allocated in the FY 2023-4 budget to close out the Park West Shade Shelter project.
256
CITY MANAGER' SREPORT PAGE 3
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' SEXECUTION OF CCO NO. 2 AND ACCEPT PUBLIC

IMPROVEMENTS CONSTRUCTED BY LUMA ENGINEERING CONTRACTORS, INC. FOR PARK WEST SHADE SHELTER
ATTACHMENTS:

A. Resolution Ratifying the City Manager' sExecution of CCO No. 2, Accepting Public Improvements Constructed by Luma Engineering Contractors, Inc. for Park West Shade Shelter and Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Park West Shade Shelter
C. Contract Change Order No. 2
257
CITY MANAGER' S REPORT PAGE 4
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' SEXECUTION OF CCO NO. 2 AND ACCEPT PUBLIC

IMPROVEMENTS CONSTRUCTED BY LUMA ENGINEERING CONTRACTORS, INC. FOR PARK WEST SHADE SHELTER
APPROVALS:
710— gefrigqi 6,- 1 g. Z4
Steven Hollenbeak Date
Assistant Engineer
o —t8 2Dc94
Ken Reed Date
Senior Construction Manager
Bracj' lfylor
City Engineer
Cari Ja
Finance ii ector
6/ 100141
Date
Date
Michael King Date
Assistant City Manager
V. 20
co• tdik.• Zcty
al 0111,, 4
Salvador Navarrete Date
City Attorney
Shen J. Salvatore
City Manager
0-V3. 24
Date
258

ATTACHMENT
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING CITY MANAGER' S EXCUTION OF CCO NO. 2, ACCEPTING PUBLIC

IMPROVEMENTS CONSTRUCTED BY LUMA ENGINEERING CONTRACTORS, INC. FOR PARK WEST SHADE SHELTER AND AUTHORIZING THE FILING OF A

NOTICE OF COMPLETION AND RELEASE OF CONTRACT RETENTION AND PERFORMANCE AND PAYMENT BONDS.

WHEREAS, on June 23, 2023, the City Manager awarded a construction contract to Luma Engineering Contractors, Inc. (Luma) for construction of the Park West Shade Shelter ( Project) in the amount of $ 66, 250 with a 13% construction contingency of $ 8, 613 for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of construction of a concrete slab and installation of an octagonal steel shade shelter at Park West; and WHEREAS, during construction, two change orders were issued for a total of 8, 947, for a total Project cost of $ 75, 197; and
WHEREAS, Contract Change Order ( CCO) No. 2 for a cost of $ 6, 182 was executed using the City Manager' ssigning authority to avoid any delay in completing the Project; 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, Luma 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. SU1194818- 0000, $66, 250) and payment bond ( Bond No. SU1194818- 0000, $66, 250) will be released and replaced with a one- year warranty bond ( Bond No. SU1194818- 0000, $6,25) upon City Council' sacceptance 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 to close out the Project; and
WHEREAS, staff requests City Council ratify the City Manager' sexecution of CCO No. 2 for $ 6, 182; and
259
WHEREAS, staff also requests City Council accept the public improvements constructed by Luma Engineering Contractors, Inc. for Park West Shade Shelter; and WHEREAS, staff further requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Luma in the amount of $ 9, 632 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby ratify the City Manager' sexecution of CCO No. 2 for $ 6, 182; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by Luma Engineering Contractors, Inc. for Park West Shade Shelter, pursuant to the contract documents dated June 23, 2023; 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 Luma, in the amount of $ 9, 632 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds.
260
The foregoing resolution was passed and adopted this 8TH day of July, 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 261

ATTACHMENT

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees ( GC 11922)

SPACE ABOVE THIS LINE FOR RECORDER' SUSE

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 8th day of July, 2024 a work of improvement on the real property herein described was completed.

5. That the name of the original contractor, ifany, for said work of improvement was: Luma Engineering Contractors, Inc.

6. That the name and address of the transferor is:

NAME STREET AND NO. CITY STATE
Luma Engineering Contractors, Inc. 370 Myrtle Lane Oakley CA 94561

7. That the real property herein referred to is situated in the City of Lathrop County of San Joaquin, State of California, and is described as follows:

Park West Shade Shelter
That the undersigned has knowledge ofthe contents herein and states under penalty of perjury that the foregoing is true and correct.

CITY OF LATHROP
By:

Stephen J. Salvatore, City Manager Date
By:

Teresa Vargas, City Clerk Date
262

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated July 8, 2024 by Luma Engineering Contractors, 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 July 8, 2024, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
263
DocuSign Envelope ID: OFAA801C- FA28- 43EE- BB2D- 9ACOAF88C91E

ATTACHMENT
G ..

CHANGE ORDER NO. 2
Park West Shade Shelter City of Lathrop
CONTRACT CHANGE ORDER NO. 2
Park West Shade Shelter
Contractor: LUMA Engineering Contractors, Inc. dba LUMA Builders Address: 370 Myrtle Lane
Oakley, CA 94561
Change Order Date: April 3 , 2024
Notice to Proceed Date: June 26, 2023
Contract Execution Date: June 23, 2023
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and the attached proposal as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and LUMA Engineering Contractors, Inc. dba LUMA Builders dated June 23, 2023.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S)/UBTRACTION( S) TO CONTRACT
BID
ITEM
NO.

DESCRIPTION QTY UNIT UNIT
PRICE
TOTAL
Irrigation Work Away from the Pier Poles
and Cut Individual Rectangular Roof Panels
to Fit Size on Octagon Roof Structure
1 LS 6, 181. 5 6, 181. 5
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER 6, 181. 5
TOTAL ADDITIONAL COST FROM CHANGE ORDER # 1 2, 765. 60
ORIGINAL CONTRACT AMOUNT 66, 250. 0
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 2 75, 197.1

END OF CHANGES)

DESCRIPTION OF WORK
See " 1I. ADDITION( S)/UBTRACTION( S) TO CONTRACT." The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order. Works to be performed are detailed in attached Exhibit A.

TIME OF COMPLETION
The extra work will not increase the time frame of the original contract. 264
DocuSign Envelope ID: OFAA801C- FA28- 43EE- BB2D- 9ACOAF88C91E CHANGE ORDER NO. 2
Park West Shade Shelter City of Lathrop

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 2. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' swork on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

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

END OF SECTION)
265
DocuSign Envelope ID: OFAA801C- FA28- 43EE- BB2D- 9ACOAF88C91E CHANGE ORDER NO. 2
Park West Shade Shelter
Approved As
To Form:

Recommended
By:

Approved By:

Accepted By
Contractor:

City of Lathrop
Salvador Navarrete Date
City Attorney
City of Lathrop
Michael King
Assistant City Manager
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
L ,
DocuSipned b
4898FF848FCF4A9
LUMA Engineering Contractors, Inc
dba LUMA Builders
Fernando Lopez President and CEO
Print Name and Title
3 . 11 • ZoZ/
Date
4•3. Zr
Date
3/ 14/ 2024
Date
266
EXHIBIT "..E."

CHANGE ORDER
January 3, 2024
City of Lathrop PW Shade Shelter
From: Luma Engineering Contractors, Inc. DBA LUMA Builders, 370 Myrtle Ln, Oakley, California 94561 To: City of Lathrop, 390 Towne Centre Drive, Lathrop, California 95330 This Change Order Request ( COR) contains a quotation for a change to City of Lathrop PW Shade Shelter which is a project or contract between Luma Engineering Contractors, Inc. DBA LUMA Builders and City of Lathrop.

1. Proposed Changes:

Add additional irrigation work away from the pier holes 8/ 25/023.

Cut Individual Rectangular Roof Panels, fit to size on Octogen Roof Structure 9/ 5/ 23and 9/ 7/ 23.

2. The contract sum prior to this Change Order was $ 69, 015. 60.

3. The contract sum will be increased by this Change Order in the amount of $6, 181. 5

4. The new contract sum including this change order will be $ 75, 197.1

5. This Agreement shall be signed on behalf of Luma Engineering Contractors, Inc. DBA LUMA Builders by Fernando D Lopez, President CEO and on behalf of City of Lathrop by and effective as of the date first written above.

LUMA Engineering • n . tors, Inc. DBA LUMA Builders
Bv:

Fernan•' opez, President CEO
City of Lathrop
Date:

By: Date:
267

CONSENT OF SURETY

TO FINAL PAYMENT
AIA Document G707
Bond Number : SU 1194818- 0000
OWNER

ARCHITECT

CONTRACTOR
SURETY
OTHER
TO OWNER:

M ame and address)
City of Lanthrop
390 Towne Centre Drive
Lanthrop CA 95330
PROJECT:

Mane and address)
Park West Shade Shelter
Lanthrop CA 95330
ARCHITECT' SPROJECT NO.:

CONTRACT FOR:

CONTRACT DATED:

June 2 2023
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the Insert name and address ofSurely)
Arch Insurance Company
Harborside 3, 210 Hudson Street, Suite 300
JERSEY CITY, NJ 07311 - 1107

SURETY,
on bond Of
insert name and address ofContractor)
LUMA Engineering Contractors Inc.
370 Myrtle Lane
Oakley CA 94561

CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to
invert mute and ealclrrsri arOwner)
City of Lanthrop
390 Towne Centre Drive
Lanthrop CA 95330
as set forth in said Surety' s bond.

OWNER,
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: May 13th 2024 dawn in writing the ?month followed In the / tumu* dale and year ) Attest:

Seal):

AIA
S1' gnrrnneclasaborizedtepn. sire)
Eric Matlaga Attorney -in -Fact
tPr)ttrxl ur / tit/ )
CAUTION: You shodd sign -tin originalal AIA document that has this caution printed in red. An original assures that -e wtrt av ! el!) 'tint' be obscured as may occur when documents are reproduced.

See Instruction Sheet for Limited License for Reproduction of this document.

AIA DOCUMENT G707 • CONSENT OF SURETY TO FINAL PAYMENT • 1994 EDrnON • ' AIA 01994 • THE AMERICAN INSTITUTE. OF ARCHITECTS, 1735 NEW YORK AVENUE,. NW, WASHINGTON, D. C. 20066- 5292 • WARNING: Unlicensed photocopying violates U. S. copyright laws and will subject the violator to legal prosecution. G707- 1994 268
43504
This Power ofAttorney limits the acts ofthose named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Not validfor Note, Loan, Letter of Credit, Currency Rate, InterestRate orResidential Value Guarantees.

POWER OF ATTORNEY
Know All Persons By These Presents:

That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey ( hereinafter referred to as the " Company") does hereby appoint:

Eric Matlaga of Atlanta, GA (EACH)
its true and lawful Attorney( s) in- Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:

Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars ($ 150, 00.0).

This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein.

The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.

This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 31, 2022, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:

VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attomey, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority ofthe following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 31, 2022:

VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal ofthe Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31, 2022, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this day of January, 2023.

Attested and Certified
Regan7t. Shulman, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
I, Michele Tripod', a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth.

Arch Insurance Company
Stephen C. Ruschak, Executive Vice President

CERTIFICATION
I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated January 23, 2023 on behalf of the person( s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power ofAttorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 13th day of May, 20_4 .

Car amestikofPenaittada Nobly Seel
MICHELE 7111PO% Notary NW
Philocietphia Gordy
miv aaandl ion ExpinicRAY 31, 2025
commhooa timber 1168622
Michb) e1' sipodi, Notarlf public
My commission expires 07/ 31/ 2025
Regal A. Shulman, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
To verify the authenticity of this Power ofAttorney, please contact Arch Insurance Company at Su retyAuthentictbe rchinsu rence. com Please refer to the above named Attorney -in -Fact and the details of the bond to whkh the power is attached.

AICPOA040120 Printed in U. S. A.
269

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT' SLIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT.

A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant: LUMA Engineering Contractors, Inc
Name of Customer: City of Lathrop
Job Location: Park West Shelter
Owner: City of Lathrop
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant' sreceipt of payment from the financial institution on which the following check is drawn:

Maker of Check: City of Lathrop
Amount of Check: $ 3759. 86
Check Payable to: LUMA Engineering Contractors, Inc.

Exceptions
This document does not affect any of the following:

Disputed claims for extras in the amount of: $
Claimant' sSignature:

Claimant title: President and CEO
Date of Signature: 4/ 17/ 2024
7/ 1/2
270
SECTION 00670

PARK WEST SHADE SHELTER

CUPCCAA INFORMAL BID SOLICITATION WARRANTY
Bond No: SU 1194818- 0000
Premium: 1, 988. 00
Contract No:

WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS, that
WHEREAS, the CITY OF LATHROP, ( hereinafter referred to as " City") andLUMA Engineering Contractors, Inc. , ( hereinafter referred to as " Principal") have entered into an Agreement (" Contract") for the PARK WEST SHADE SHELTER; and WHEREAS, Principal is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of [$ 66. 250. 0 to guarantee replacement and repair of the improvements as described in the Agreement for a period of one year following the date of recordation of the notice of acceptance of the Improvements against any defective work or labor done, or defective materials furnished.

NOW, THEREFORE, we, the Principal, and Arch Insurance Company as Surest are held and firmly bound unto the City in the penal sum of
s"` '°inand
J- innrlrrtl t Dollars($ $ 6,25. 00 lawful money of the United Twenty Five ) States, being not less than 10 percent ( 10%) of the amount payable by the terms of the Contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such that ifPrincipal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance ofthe improvements by the City Council of City, then this obligation shall be null and void; otherwise, this obligation shall remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered.

Surety' s obligations hereunder are independent of the obligations of any other surety for the performance of the Contract, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the City' srights against the others.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the City or its successors or assigns.
00670- 2
271
SECTION 00670

PARK WEST SHADE SHELTER

CUPCCAA INFORMAL BID SOLICITATION WARRANTY
Surety shall provide City with thirty ( 30) days' written notice of Principal' s default prior to Surety terminating, suspending or revoking the bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their seals this 1st day of may , 202tthe name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

LUMA Engineering Contractors, Inc.

Note:

To be signed by Principal
and Surety and acknowledgment
and notarial seal attached.

Principal)
By
fer/••••• 41- 0 L0941 —
Print N
Arch Insurance Company
Surety)
Harborside 3, 210 Hudson Street, Suite 300
JERSEY CITY, NJ 07311- 1107
Signature
r't
i (t
me and Title
Address
Signature
Eric Matlaga Attorney -in -Fact
Print Name and Title

END OF SECTION)
00670- 3
272
43504
This Power ofAttorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residental Value Guarantees.

POWER OF ATTORNEY
Know All Persons By These Presents:

That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey ( hereinafter referred to as the " Company") does hereby appoint:

Eric Matlaga ofAtlanta, GA (EACH)
its true and lawful Attorney( s) in- Fact, to make, execute, seal, and deliver from the date of issuance of this power far and on its behalf as surety, and as its act and deed:

Any and all bonds, undertakings, recognimnces and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars ($ 150, 00,00.).

This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit ofauthority as set forth herein.

The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same bad been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.

This Power of Attorney is executed by authority of resolutions adopted by unanimous consent ofthe Board of Directors of the Company on August 31, 2022, true and accurate copies ofwinch are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in fall force and effect VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 31, 2022:

VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board ofDirectors on August 31, 2022, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this MI day of January, 2023.

Attested and Certified
Regan' 7C Shulman, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company

1. 1' l
Stephen C. Ruschak, Executive Vice President
I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act ofsaid corporation and as their own free and voluntary acts for the uses and purposes therein set forth.

CERTIFICATION
1, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated January 23, 2023 on behalf of the person( s) as listed above is a true and Correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President ofthe Arch Insurance Company.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 1st day of May, 20_4_.

WOWWWI, NoaryPtidlt ' . S . ac t , a,,•;,• kt:.

Pl_ sdtldaCounty
ArCa irinian1401dJutty31, 20Th
Colntllllon* aim loon
Miclille tkipodi, Noted frublic
My commission expires 07/ 31/ 2025
Re_ af A. Shulman, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind tire Company tit
sit l 7
1171 )
M4f101/,
To verify the authenticity of
Please refer to the
this
above
Power
named
ofAttorney,
Attorney -
please
in -Fact
contact
and the
Arch
details
insurance
of the
Company
bond to whkh
at SuretyAuthentictbarchinsurance. com
the powerk attached.
except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance— Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
AICPOA040120 Printed in U. S, A.
273

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

State of Georgia DeKalb County of )
May 01, 2024 before me, K. L. Walker
insert name and title of the officer)
personally appeared Eric Matlaga
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) Is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal. ., s
i
i -
4' -.
04,-
P
Bij0\ rya
Signateuer/ ' mot ( Se8 1)0 z
w' 1tP
1 cu : 77
COU" SS• s'
274
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of lQYl \" YGi C/ 0 "VA
onMo 15, l(z-\
Date
personally appeared
before me, gOtet Yq t\ DAaq Vq19lic
ere Insert Name and ' rifle of the Officer
VeY r\ ca '. U),
Name( s) of igner( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) Is/ aee subscribed to the within Instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

EICIIELIE NUM
COMM. N2443l$ 1
Contra Coda Pie* t
AatCann. E5ws * 1114202/[
Place Notary Seal and/ orStamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signatu

OPTIONAL
Signature •; otary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

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

Corporate Officer — Title( s):

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

Signer is Representing: •
Signer' s
Name:

Corporate Officer — Title( s):

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

Signer Is Representing:
02019 National Notary Association
275

PAGE LEFT

INTENTIONALLY
BLANK
276
ITEM 4. 16

CITY MANAGER' SREPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT C2 COMMUNITY PARK IMPROVEMENTS
ASSOCIATED WITH THE SIA FOR TRACT 3794 FROM

RIVER ISLANDS CUSTOM HOMESITES, LLC, LOCATED

WITHIN THE LAKESIDE EAST DISTRICT OF RIVER

ISLANDS
RECOMMENDATION: Adopt Resolution Accepting C2 Community Park Improvements Associated with the Subdivision
Improvement Agreement for Tract 3794 from River
Islands Custom Homesites, LLC, Located within the
Lakeside East District of River Islands
SUMMARY:

River Islands Custom Homesites, LLC ( River Islands), has completed the construction of the C2 Community Park associated with the Subdivision Improvement Agreement SIA) for Tract 3794. A vicinity map of the improvements is included at 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 improvements proposed to be accepted is $ 8, 413, 192 as shown in the GASB 34 Report, included in Attachment" C".

River Islands has provided a one- year warranty bond based on 10% of the construction costs and lien releases for the improvements being accepted. Staff recommends City Council accept the public improvements associated with the SIA for Tract 3794.

BACKGROUND:

On March 27, 2007, Council approved Vesting Tentative Map ( VTM) 3694, which was amended with updated Conditions of Approval ( COA) on June 1, 2015. On July 18, 2018, the City of Lathrop Planning Commission approved a Neighborhood Design Plan NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the Lakeside East District, Stage 2A, within Phase 1. Although the NDP provides conceptual guidance on parks, Council approved a revised Master Parks Plan for Stage 2A on September 12, 2022. The C2 Community Park is within the geographic boundary of the VTM 3694 and Stage 2A of River Islands.

On April 11, 2022, City Council approved Tract 3794, establishing 23 single- family lots. As required by the City' s subdivision ordinance, the approved Tract 3794 included an SIA to guarantee certain public improvements associated with the final 277
CITY MANAGER' SREPORT PAGE 2
JULY 8, 2024, CITY COUNCIL REGULAR MEETING
ACCEPT C2 COMMUNITY PARK IMPROVEMENTS ASSOCIATED WITH SIA FOR TRACT 3794 FROM RIVER ISLANDS CUSTOM HOMESITES, LLC, LOCATED

WITHIN THE LAKESIDE EAST DISTRICT OF RIVER ISLANDS
map. The construction of the C2 Community Park is a requirement of the SIA for Tract 3794.

Construction of the C2 Community Park is complete and the approximate value of the improvements proposed to be accepted is $ 8, 413, 192 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.

River Islands provided a performance bond ( 0799663) in the amount of 9, 254, 857. 58 and the Labor and Materials Bond ( 0799663) in the amount of 4, 627, 428. 79to guarantee the construction of the C2 Community Park. The bonds will be released and replaced with a one- year warranty bond ( 0799663- M) in the sum of $ 850, 00, based on 10% of the construction cost, by the City Engineer upon acceptance of the improvements. River Islands has also provided developer lien releases and contractor lien releases.

REASON FOR RECOMMENDATION:

Construction of the public improvements listed in the GASB 34 Report are complete and have been inspected by City staff to ensure conformance with the approved plans. River Islands has submitted lien releases, a one- year warranty bond, and as - built drawings, for the improvements proposed to be accepted. Staff recommends Council accept the improvements.

FISCAL IMPACT:

River Islands Public Financing Authority ( RIPFA) will maintain the park at no additional cost to the City pursuant to the existing Maintenance Agreement with the City. The warranty bonds cover any repairs or replacements due to defective materials or workmanship for the completed improvements that become necessary during the one- year period, beginning with this acceptance. The City' s Service
Maintenance CFD 2013- 1 has been established to fund the maintenance and operating costs of the adjacent streets.

ATTACHMENTS:

A. Resolution Accepting C2 Community Park Improvements Associated with the Subdivision Improvement Agreement for Tract 3794 from River Islands Custom Homesites, LLC, Located within the Lakeside East District of River Islands
B. Vicinity Map
C. GASB 34 Report - River Islands C2 Community Park
278
CITY MANAGER' SREPORT PAGE 3
JULY 8, 2024, CITY COUNCIL REGULAR MEETING
ACCEPT C2 COMMUNITY PARK IMPROVEMENTS ASSOCIATED WITH SIA FOR TRACT 3794 FROM RIVER ISLANDS CUSTOM HOMESITES, LLC, LOCATED

WITHIN THE LAKESIDE EAST DISTRICT OF RIVER ISLANDS
APPROVALS:

Bellal Nabizadah Date
Assistant Engineer
I -1- 202y
Ken Reed Date
Senior Construction Manager
7/ 1 /2o7, 11
Brad ylor Date
City En in
Cari James
Finance Di ctor
Michael King
Assistant Ci Manager
Date
1 • ! • 2oz. y
Date
111/(// 011 -
Salvador Navarrete Date
City Attorney
t -z4
Stepen J. Salvatore Date
City Manager
279
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING C2 COMMUNITY PARK IMPROVEMENTS ASSOCIATED WITH THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 3794 FROM RIVER

ISLANDS CUSTOM HOMESITES, LLC, LOCATED WITHIN LAKESIDE EAST

DISTRICT OF RIVER ISLANDS
WHEREAS, on March 27, 2007, Council approved Vesting Tentative Map ( VTM) 3694, which was amended with updated Conditions of Approval ( COA) on June 1, 2015. On July 18, 2018, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards AG/ DS) for the Lakeside East District, Stage 2A, within Phase 1; and WHEREAS, although the NDP provides conceptual guidance on parks, Council approved a revised Master Parks Plan for Stage 2A on September 12, 2022. The C2 Community Park is within the geographic boundary of the VTM 3694 and Stage 2A of River Islands; and
WHEREAS, on April 11, 2022, City Council approved Tract 3794, establishing 23 single- family lots. As required by the City' s subdivision ordinance, the approved Tract 3794 included a Subdivision Improvement Agreement ( SIA) to guarantee certain public improvements associated with the final map; and WHEREAS, the construction of the C2 Community Park is a requirement of the SIA for Tract 3794; and
WHEREAS, River Islands Custom Homesites, LLC ( River Islands), provided a performance bond ( 0799663) in the amount of $ 9, 254, 857. 58and the Labor and Materials Bond ( 0799663) in the amount of $ 4, 627, 428. 79to guarantee the construction of the C2 Community Park. The bonds will be released and replaced with a one- year warranty bond ( 0799663- M) in the sum of $ 850, 00, based on 10% of the construction cost, by the City Engineer upon acceptance of the improvements; and
WHEREAS, staff has inspected the improvements listed in the GASB 34 Report and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer; and WHEREAS, River Islands has submitted lien releases and as -built drawings for the improvements being accepted. Staff recommends Council accept the improvements; and
WHEREAS, River Islands will maintain the park at no additional cost to the City pursuant to the existing Maintenance Agreement with the City. The warranty bonds cover any repairs or replacements due to defective materials or workmanship for the completed improvements that become necessary during the one- year period, beginning with this acceptance. The City' s
Service Maintenance CFD 2013- 1
280
has been established to fund the maintenance and operating costs of the adjacent streets.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the C2 Community Park Improvements associated with the SIA for Tract 3794 from River Islands located in the Lakeside East District of River Islands.
281
PASSED AND ADOPTED by the City Council of the City of Lathrop this 8th day of July 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 282
EPIC

ACADEMY

LAKE NEWPORT

BRIDGEPORT
LAKE

ND DRIVE

CHAMPIONS FIELDS

COMMUNITY PARK

RIVER ISLANDS PARKWAY

REFLECTIONS
LAKE
EM

CRYSTAL
LAKE

CRYSTAL
PARK
ATTACHMENT " B"

CHAMPIONS FIELDS

COMMUNITY PARK

VICINITY MAP
JUNE 2024
283

ATTACHMENT
G
u
NG 1N££ fi1NG
River Islands - River Islands Community Park ( C2)

AS- BUILTS
ITEM DESCRIPTION UNIT QUANT. UNIT COST
GASB- 34
Lathrop, CA
6/ 27/024
AMOUNT
A. Site Preparation
1 Site Grading ( Rough/ Fine) SF 696, 20 0. 95 661, 447. 00 2 Storm Drain Curb Inlet Tie -In EA 4 1, 025.0 4, 100. 0 3 Storm Drain Outfall ( Bio- Filtration Basin) EA 3 1, 488. 00 4,64. 00 4 Storm Drain Catch Basin EA 18 1, 300. 0 23, 400. 0
5 Storm Drain Inlet (Playground) EA 12 3, 500. 0 42, 000. 6 Storm Drain Catch Basin ( Parking Lot) EA 8 1, 740. 0 13, 920. 0 7 Area Drain EA 1 2, 000. 2, 000.
8 12" Storm Drain Line LF 1, 521 42. 50 64,42. 50
9 8" Storm Drain Line LF 1, 717 29. 90 51, 338.0
10 6" Storm Drain Line LF 657 30. 00 19, 710. 0
11 4" Perforated Pipe w/ Rock LF 2, 420 23. 71 57, 378. 20 12 Channel Drain LF 800 75. 00 60, 000.
13 6" Sewer Line with Cleanout LF 164 45. 00 7, 380. 0
14 Erosion Control LS 1 5, 000. 5, 000.

SUB -TOTAL 1, 016, 780. 0
B. Flatwork / Surfacing / Walls
1 Natural colored 6" Conc. Flatwork SF 101, 408 17. 00 1, 723, 936. 00 2 Deepened Edge Sidewalk w/ Fence at Bio- Fltration Swale LF 109 37. 00 4, 033.0 3 Thickened Edge Sidewalk at Bio- Filtration Swale LF 915 9. 00 8, 235. 00 4 Concrete Ramp ( at corner) EA 1 4, 000. 4, 000.
5 Concrete Ramp ( at Parking Lot Entrance) EA 2 4, 000. 8, 000. 6 Concrete Ramp (at Parking Lot Accessible Parking Stalls) EA 2 4, 000. 8, 000. 7 Concrete Apron ( Parking lot entrance) EA 1 3, 800. 0 3, 800. 0 8 Asphalt parking lot with striping SF 50, 758 6. 00 304, 58. 00 9 Parking lot striping LS 1 3, 500. 0 3, 500. 0
10 Parking Lot Curb LF 2,24 40. 00 88, 960. 0
11 Baseball Field Infield Mix SF 72,15 1. 00 72,15. 00
12 Bullpen Retaining Wall LF 112 50. 00 5, 600. 0
13 Playground Safety Surfacing ( Rubberized Play Surface) SF 16, 773 16. 72 280, 444. 56 14 Playground Safety Surfacing ( Spectraturf Playgrass) SF 1, 355 16. 72 22, 655.0 15 Boulder - Medium EA 16 274. 40 4, 390. 4
16 Boulder - Large EA 12 365. 88 4, 390. 56
17 Washed River Cobbles SF 1, 401 3. 28 4, 595. 28
18 Aluminum Edging LF 180 4. 52 813. 60
19 12" Concrete Mow Curb LF 3, 792 14. 00 53, 088.0
20 12" x12" Deepened Curb at Playground LF 165 14. 00 2, 310. 0 21 Thickened Edge at Playground LF 481 9. 00 4, 329. 00 22 24" Retaining/ Seat Wall at Playground LF 38 125. 00 4, 750. 0 23 Hand Rail LF 250 356. 00 89, 000.
24 4' Tubular Steel Fence LF 826 50. 00 41, 300. 0
SUB -TOTAL 2, 747, 394. 00
C. Furnishings / Equipment / Structures
1 Benches EA 12 1, 250. 0 15, 000.
2 Trash Receptacles EA 14 970. 64 13, 588. 96
3 Recycling Receptacles EA 14 970. 64 13, 588. 96
4 Picnic Table EA 26 837. 00 21, 762. 00
284
5 Bike Rack EA 8 350. 00 2, 800. 0
6 BBQ EA 3 1, 961. 33 5, 883. 99
7 BBQ - Group EA 2 4, 088. 50 8, 177. 00
8 Tree Grates EA 8 1, 875. 00 15, 000.
9 Drinking Fountain w/ Dog Bowl EA 3 5,00. 0 16, 500. 0 10 Maintenance Shed ( 30x40) LS 1 165, 000. 165, 000.
11 Restroom w/ Concession Stand LS 1 404, 000. 404, 000. 12 Cantileever Sails EA 2 44, 350. 0 88, 700. 0
13 Octogon Sails EA 1 68, 250. 0 68, 250. 0
14 Picnic Table Sails EA 2 30, 900. 0 61, 800. 0
15 Bleacher Shade Sail ( BB Field) EA 1 74, 500. 0 74, 500. 0 16 Bleacher Shade Sail ( SB Field) EA 1 74, 500. 0 74, 500. 0 17 Four point Sail at Playground EA 1 38, 500. 0 38, 500. 0 18 Traingle Sail at Playground EA 1 29, 050. 29, 050.
19 Pitching Rubber EA 8 175. 00 1, 400. 0
20 Home Plate EA 8 175. 00 1, 400. 0
21 Bases EA 12 375. 00 4, 500. 0
22 Foul Poles EA 2 12, 000. 24, 000.
23 15' Dugout Benches EA 8 2, 100. 0 16, 800. 0
24 21' Dugout Benches EA 6 2, 850. 0 17,00. 0
25 Outdoor Storage Cabinet EA 3 3, 232. 33 9, 696. 99
26 Bat Rack EA 8 600. 00 4, 800. 0
27 Bleachers EA 12 5, 900. 0 70, 800. 0
28 Batting Cages EA 2 50,00. 0 101, 000.
29 30' Tall Backstop Fence LF 810 606. 00 490, 860. 0
30 8' Tall Dugout Gate EA 8 989. 00 7, 912. 00
31 8' Tall Bullpen Gate EA 2 989. 00 1, 978. 00
32 8' Tall Dugout Fence LF 512 120. 00 61, 440. 0
33 8' Tall Bull Pen Fence LF 387 90. 00 34, 830. 0
34 6' Outfield Fence LF 1, 342 44. 00 59, 048.0
35 6' Outfield Maintenance Gate EA 1 1, 978. 00 1, 978. 00 36 Playground Equipment LS 1 736, 942. 28 736, 942. 28
37 Ball Field Use Sign EA 4 300. 00 1, 200. 0
38 Parking Lot Accessible Parking Sign EA 4 300. 00 1, 200. 0 39 Parking Lot Tow Away Sign EA 1 35. 00 35. 00
40 City of Lathrop Park Rules Sign EA 5 350. 00 1, 750. 0 41 Park Entry Sign (w/ Footing) EA 1 9, 000. 9, 000.

SUB -TOTAL 2, 776, 271. 18
D. Lighting
1 Electrical Pedestal EA 1 25, 600. 0 25, 600. 0
2 Park Sign Light EA 2 3, 840. 0 7, 680. 0
3 Park Sign Light Conduit & Wire LS 1 1, 280. 0 1, 280. 0 4 Park Path Lighting EA 33 8, 320. 0 274, 560. 0
5 Park Path Lighting Conduit & Wire LS 1 57, 600. 0 57, 600. 0 6 Parking lot Lighting EA 21 11, 520. 0 241, 920. 0
7 Parking lot Lighting Conduit & Wire LS 1 15, 360. 0 15, 360. 0 8 1" & 2" Security Conduit & Wire LS 1 15, 360. 0 15, 360. 0 9 Booster Pump Conduit & Wire LS 1 1, 280. 0 1, 280. 0
10 Restroom/ Concession Stand Conduit & Wire LS 1 1, 280. 0 1, 280. 0 11 Maintenance Shed + Conduit & Wire LS 1 12, 800. 0 12, 800. 0 12 Shade Structure Lights EA 3 1, 920. 0 5, 760. 0
13 Shade Structure Lights Rigid Conduit & Wire LS 1 2, 560. 0 2, 560. 0 14 Baseball field/ Batting Cages outlets EA 5 640. 00 3, 200. 0 15 Baseball field/ Batting Cages outlets Conduit & Wire LS 1 10, 000. 10, 000. 16 New switch, gear, panels, trans., trench, feeders & power study LS 1 273, 68. 00 273, 68. 00 285
17 Sleeves, trench, gravel & 3" conduit LS 1 10, 000. 10, 000. 18 Junction Boxes w/ conduit & Sweeps EA 29 640. 00 18, 560. 0 SUB -TOTAL 978, 438. 00
E Planting
1 Soil Conditioning & Amendments SF 441, 807 0.7 30, 926. 49 2 Drill Seed Lawn SF 363, 212 0.6 21, 792.
3 Hydroseed No -Mow Turf SF 39, 440 0.5 1, 972. 00
4 1 Gallon Shrubs EA 4, 530 8. 00 36, 240. 0
5 15 Gallon Trees EA 387 90. 00 34, 830. 0
6 Bark SF 39, 155 0. 19 7, 439.5
7 Root Barrier LF 6, 961 1. 55 10, 789. 55
SUB -TOTAL 143, 990. 21
F Irrigation Controls & Distribution
1 Irrigation System SF 442,79 1. 50 663, 718. 50
SUB -TOTAL 663, 718. 50
G. Miscellaneous
1 Maintenance ( 60 Day) LS 1 15, 000. 15, 000.
2 Mobilization/ De- mobilization (NTE - 5%) LS 1 100. 00 100. 00 3 Bonding LS 1 71, 500. 0 71, 500. 0
SUB -TOTAL 86, 600. 0
Item Estimated $ 8, 413, 191. 89
Say $ 8, 500, 000.
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
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308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
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ITEM 5. 2

CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: DISCUSS PROPOSED COMMEMORATIVE LIGHTING

POLICY FOR THE CITY OWNED PALM TREES
RECOMMENDATION: City Council to Discuss and Consider Adopting a Resolution Approving the Commemorative Lighting
Policy for the City Owned Palm Trees.

SUMMARY:

The City of Lathrop currently has no policies or regulations regarding special colored lighting to acknowledge federal holidays and support of City recognized events for the lighted palm trees located in the City' sright- of- way.

At its May 13, 2024 meeting, the City Council discussed a referral for the possibility of displaying colored ( themed) lighting of the City' s palm trees to commemorate federal holidays ( Memorial Day, Juneteenth, Independence Day, etc.), and City recognized events ( Pride Month, July 1st Lathrop Celebration, Earth Day, etc.). At the meeting, discussion ensued and the City Council directed staff to research special colored lighting policies from other jurisdictions.

The purpose of this item is to consider and establish a commemorative lighting policy to allow the use of special colored lighting of City maintained street light fixtures attached to palm trees to celebrate specific holidays and City recognized events.

ANALYSIS:

The lighting of the palm trees promotes Federal Holidays and other City events of significance and times of celebration. These lighting displays are intended to be festive and supportive of national federal holidays and City recognized events.

City staff conducted research of cities with existing policies in place with respect to celebrating specific nationally recognized holidays and community wide events through the use of special colored lighting of public maintained facilities. Some cities use their lightings differently through the use of buildings, bridges, or adjacent mountain ranges. However, the purpose, criteria, and format of how the cities consider special colored lighting requests are relatively similar to one another.

Essentially, their policies incorporate the following common elements:

A section that introduces the purpose, reasons, and the goals for establishing the policy.

A section that recognizes State/ National Holidays.
469

CITY MANAGERS REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

LIGHTING POLICY FOR CITY PALM TREES
A section that recognizes City Events.

PAGE 2
Staff prepared a commemorative lighting policy ( Attachment 2) to allow the use of special colored lighting for the City palm trees.

RECOMMENDATION:

Staff recommends that the City Council discuss and consider adopting a resolution approving the proposed Commemorative Lighting Policy for the City palm trees.

FISCAL IMPACT:

There is no fiscal impact to the City of Lathrop, only staff time to prepare this report.

ATTACHMENT:

1. Resolution approving the Commemorative Lighting Policy for Palm Trees

2. Commemorative Lighting Policy for City Owned Palm Trees 470

CITY MANAGERS REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

LIGHTING POLICY FOR CITY PALM TREES
APPROVALS:

PAGE 3
Darr es Michaels Date
Senior lanner
Todd : bastiaann
Parks, Recreation, and Fleet Director
ick uiat
Comnftinity Development Director
piDat
D to
Ly
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
471
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A COMMEMORATIVE LIGHTING POLICY FOR THE CITY OWNED

PALM TREES
WHEREAS, the City of Lathrop currently has no policies or regulations regarding special colored lighting to acknowledge federal holidays and support of City recognized events for the lighted palm trees located in the City' sright- of- way; and WHEREAS, at its May 13, 2024 meeting, the City Council discussed a referral for the possibility of displaying colored ( themed) lighting of the City' s palm trees to commemorate federal holidays and community themed interests; and WHEREAS, the lighting of the palm trees promotes Federal Holidays and other City events of significance and times of celebration; and WHEREAS, the lighting displays are intended to be festive and supportive of national federal holidays and City recognized events; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings, its findings above and pursuant to its independent review and consideration, hereby approves the City of Lathrop Commemorative Lighting Policy for the City Palm Trees, listed as Attachment 2 of the July 8, 2024 City Council Staff Report, incorporated by reference herein.
472
PASSED AND ADOPTED by the City Council of the City of Lathrop at a regular meeting on the 8th day of July, 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
Commemorative Lighting Policy for City Owned Palm Trees The purpose of this document is to establish a policy for changing light colors on palm trees that celebrates national, local, and City recognized events or causes through the use of special colored lighting of the palm trees located on the City' s right- of- way. The lighting of the palm trees promotes the Federal Holidays and other City events of significance and times of celebration. These lighting displays are intended to be festive and supportive of national federal holidays and City recognized events.

This policy will also identify the color scheme and duration for the lighting and shall only apply to the City' s lighting fixtures installed on the palm trees located on Golden Valley Parkway, River Islands Parkway, Lathrop Road, Louise Avenue, and Towne Centre Drive. The events subject to special lighting considerations are broken down in 2 categories: Federal holidays and City recognized events. If there are no events being recognized, the default color of the palm trees will be white.

FEDERAL HOLIDAYS
Event Color Scheme Days of Duration of Lighting
New Year' s Rotating colors December 30th - January 2nd Memorial Day Red, White, and Blue Memorial Day Weekend
Juneteenth Red and Green 1 week prior to and thru June 19th Independence Day Red, White, and Blue 1 week prior to and thru July 4th Veteran' s Day Red, White, and Blue Veteran' s Day Weekend Christmas Red and Green 1 week prior to and thru Dec 25th

CITY RECOGNIZED EVENTS
Event Color Scheme
Valentine' s Day Red
Earth Day Green and Blue
Pride Month Rainbow Colors
July 1St Celebration Red, White, and Blue
Halloween
Thanksgiving
Days of Duration of Lighting
1 day prior to and thru February 14th
if event falls on weekend — Thur prior to)
1 day prior to and thru April 22nd
if event falls on weekend — Thur prior to)
1St week of June
1 day prior to and thru July 1St
if event falls on weekend — Thur prior to)
Orange and Purple 1 day prior to and thru October 31St
if event falls on weekend — Thur prior to)
Orange and Yellow 4th week of November
474