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153
22. Interpretation. For purposes of this Agreement, references to " he" shall mean and include " she," references to " him" shall mean and include " her," and references to " his" shall mean and include " hers."
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first above -written.
COUNTY OF SAN JOAQUIN
a political subdivision of the State of California a municipal Corporation
CITY OF STOCKTON,
er6me Wilverding
C unty Administraror
By:
ATTEST: ATTEST:
Clerk of the Board of Supervisors
of the County of San Joaquin,
State of California
Clerk of the City of Stockton
By: By:
RACHEL DeBORD
Deputy Clerk
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM
By: l '1 `' _ By:
FRI` 1Z BOCHMAN, C. E. T. E., CFM
Interim Director of Public Works
APPROVED AS TO FORM:
By: '
Matthew Dacey
Deputy County Counsel
1771533v1
AMENDED Agreement for Collection ofSan Joaquin Area Flood Control Agency Development Impact Fee
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154
CHRIS ELIAS
Executive Director
CITY OF LATHROP, CITY OF MANTECA,
a municipal Corporation a municipal Corporation
By:
en 7. Salvatore
City Manager Title:
ATIEST: ATTEST:
Clerk of the City of Lathrop Clerk of the City of Manteca By: Lut By:
ee
resa Vargas
lty Clerk Title:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: S - By:
Salvador Navarrete
City Attorney Title:
SAN JOAQUIN AREA FLOOD CONTROL APPROVED AS TO FORM:
AGENCY
By:
SCOTT L. SHAPIRO
Agency Counsel
177153110
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
Page lO of 13
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155
CITY OF LATHROP, CITY OF MANTECA,
a municipal Corporation
By: By:
Title: INI C.r"
a municipal Corporation
ATTEST;
Clerk ofthe City of Lathrop
By: By:
APPROVED AS TO FORM:
By: By:
Title: Title:
SAN JOAQUIN AREA FLOOD CONTROL
AGENCY
ATTEST:
Clerk of the. City of Manteca
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By: By:
CHRIS ELIAS SCOTT L. SHAPIRO
Executive Director Agency Counsel
177133tvl
AMENDED Agreement for Collection ofSan Joaquin Area Flood Control Agency Development Impact Fee
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EXHIBIT A
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA REGIONAL URBAN LEVEL OF
FLOOD PROTECTION DEVELOPMENT IMPACT FEE
Key Terms Related to the Repayment of
EIFD Payments to Land Use Entities from Impact Fees
1. Development Impact Fees " Impact Fees" collected after the Initial Years (ending in 2029), would be paid to each jurisdiction to help offset the general fund impacts associated with debt service requirements of the EIFD, subject first to priority reimbursement of "County Additional EIFD Contributions," as defined below. ( Le., the Impact Fees would be directly paid to the County until they have fully repaid the cumulative County Additional EIFD Contributions. After that repayment, Impact Fees would be used to offset the agencies' impacts to their respective general funds from prior EIFD property tax allocations, the "Impact Fee Offset," as further described below).
2. During the Initial Years, the following EIFD funding participation is proposed:
a) San Joaquin County proposed to contribute a total flat rate of 47% of property tax increment, comprised of its initial Base Rate plus an additional 37% of property tax increment, with such additional amount defined as "County Additional EIFD Contribution".
b) Cities will each provide their respective Initial Base Rates.
3. Following the Initial Years, the following EIFD Funding participation and other financial arrangements are proposed:
a) The Initial Base Rates would no longer apply and all agencies, including the County, would provide proportional EIFD contributions ( i.e., the same percentage rate of total tax increment) to meet the debt service needs of any debt issued and secured by EIFD revenues subject to the Maximum Rate 20%) of total property tax increment. The contributions provided after the Initial Years would be subject to the Maximum Rate are defined as the " Post Project Annual Contribution."
b) The cumulative County Additional EIFD Contribution shall be repaid to the County using Impact Fees. County to receive 100% of Impact Fees until the cumulative Additional County EIFD Contribution is repaid with interest compounded quarterly on at the annual County Pooled Treasury Rate for that quarter plus 200 basis points.
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c) Following retirement of the cumulative County Additional EIFD Contribution with interest from Impact Fees, the Impact Fee Offset would be implemented as follows. All Impact Fees received by SJAFCA after repayment to the County would be allocated and paid to the Cities and the County to offset prior general fund impacts of previous EIFD contributions. The proportionate share of the cumulative total of each participating agency' sInitial Contributions and Post Project Annual Contributions are defined as each agency' s "Base EIFD Share." DIF revenues would be paid to each Agency based on its Base EIFD Share.
d) The duration ( i.e., term) of Impact Fee Offset payments is yet to be determined. The term will be finalized during the process of updating the SJAFCA Mossdale ULOP Program Impact Fee Nexus Study. As part of the Impact Fee Update process, the Member Agencies will have an opportunity to weigh in on duration of the impact fee program.
ims; av1
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
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EXHIBIT B
FEE CREDITING PRINCIPLES
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159
EXHIBIT B
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA REGIONAL URBAN LEVEL OF FLOOD PROTECTION ElEI= 1 M PA- Cr PEAERE D IT -8t RE[' MB- U' RSEM ENT POEIC- iES
UNDERLYING ASSUMPTIONS
The following are the underlying assumptions that predicate the establishment of credits and reimbursements:
All funding, in -kind services, or construction of facilities in furtherance of providing an Urban Level of Flood Protection to Mossdale Tract Area, "Prior Advance Funding," was provided in advance of the Reclamation District 17 Interim Levee impact Fee ( Interim Levee Fee) and San Joaquin Area Hood Control Agency (SJAFCA) Regional Levee Fee ( Regional DiF) (collectively, the Levee Fee) on behalf of development projects will be identified by the tables in a " Credit & Reimbursement Analysis," to be prepared by SJAFCA.
All Prior Advance Funding of the Levee Fee will be proportionately allocable to the individual tract maps/ phases/ units/ villages in projects based upon a project' sgross developable acreage.
Development within a project is assumed to have an obligation to fund levee improvements for alt undeveloped gross developable acreage as of April 7, 2017 in Lathrop and April 22, 2017 In Manteca, the effective dates of the Interim Fees adopted by Lathrop and Manteca.
Units within a project are assumed to have been previously absorbed if a permit for the unit has been applied for before January 8, 2019, the effective date ofSJAFCA' sRegional DIF.
The Levee Fee obligation for all remaining developable acreage in a project absorbed before January 8, 2019 are the Initial Fee Rates as identified in the November 8, 2018, Mossdale Tract Area Regional Urban Level of Flood Protection Levee Impact Fee Nexus Study as adopted by SJAFCA Resolution - 18 on November 8, 2018 ( reference Table 1 of that Nexus Study).
The credit for Prior Advance Funding will be expressed in terms of GDAs and will be determined by taking the amount of prior advance funding and dividing it by the Initial Fee Rates per GDA. The amount of GDA credit will be set by this methodology and will not be recalculated in the future by the escalating fee rate.
Ail permits that have previously been applied for before January 8, 2019, (i.e., absorbed) are assumed to have been fully funded with credit from prior advance funding and no additional Levee Fees will be required to be paid for these units.
For multiple projects that are being developed by a common landowner, if one project is determined to have advance funded Levee Fees in excess of its obligation and is due a reimbursement, the reimbursement will be applied and added to the credit of the next project currently underway with the consent of the landowner.
Prcpore, iby[ WA 1
October 22, 2018
B- 17
160
CREDITING POLICY FOR PRIOR ADVANCE FUNDING
The Crediting Policy will allow for the/ use of the accumulated credit on a proportionate basis as the remainder of a project is developed. The basis for the proportionality will be the ratio of Remaining Credit Acreage to Total Remaining Acres to be developed.
Remaining Credit Acreage" will be defined as the credit accumulated by the prior advance funding less the amount of credit utilized by units that have been absorbed prior to January 8, 2019.
Total Remaining Acres" to be developed will be defined as the difference between the total developable GDAs in a project and the amount of acres absorbed before January 9, 2019, or as subsequently revised by the Land Use Agency and the Landowner.
Use of Prior Advance Funding Credit
As homes andfor projects are constructed by permits applied for after January 9, 2019, the landowner will fund a portion of the Levee Fee based on the relative proportionality between the remainder of a project not able to be funded from the Remaining Credit Acreage and the Total Remaining Acres left in the project after all previously absorbed units.
To irriplement this policy, the Land Use Agency will calculate this remaining amount of the Levee Fee due as the individual building permits are issued for units to be constructed in the project. Collection of the Levee Fee can be deferred consistent with any adopted fee deferral program by the Land Use agency.
CREDITING POLICY FOR CONSTRUCTION OF FACILITIES
Any Developer constructed facilities will be constructed pursuant to an agreement entered into between the Land Use Agency and SJAFCA. The agreement will specify the maximum amount of credit that will be afforded for the construction of the facility which will be the lesser of the estimated cost of the facility which was the basis for the development fee program or the Developer' sactual construction cost (" Constructed Facilities Funding Credit"). Constructed Facilities Funding Credit will be documented and provided when a completed facility is accepted by the appropriate entity.
Use of Constructed Facilities Funding Credit
Use of Constructed Facilities Funding Credit will be consistent with the " Use of Advance Funding Credit" described above.
REIMBURSEMENT POLICY FOR PRIOR ADVANCE FUNDING
For Development Projects due a reimbursement as a result of funding in excess of a Project' sLevee impact Fee Obligation
The reimbursement policy will be consistent with the following underlying principles.
Reimbursements will be only be pald from levee impact fees collected from other development projects.
No reimbursements should be paid to a party advancing funds into the levee improvement program until all levee improvement project costs are paid and the levee improvementprogramhas been completed and certified, unless otherwise determined by SJAFCA that payment of such reimbursements is financially feasible and legally defensible by SJAFCA.
Prepares/ by INA 2 (. lobar -22, 2098
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161
The Board should make decisions that consider the impact to the Project and the services provided to SJAFCA. beneficiaries at large.
The Board should make decisions that consider the proportionality of the investment made Into the levee improvement program.
Fh@Board- shod- consider: xhe_ timing of_ cepaymen: t.of_ capital_ toxhose- investingan thelevee improvement program.
For Land Use Agencies due a reimbursement as a result of funding provided to advance the Levee Improvement Program in advance of January 1, 2018
The reimbursement policy will be consistent with the following underlying principles.
No reimbursements should he paid from development fees to a land use agency that advanced funds into the levee improvement program until all levee improvement project costs are paid and the levee improvement program has been completed and certified, unless otherwise determined by SJAFCA that payment of such reimbursements is financially feasible and legally defensible by SJAFCA.
The Board should make decisions that consider the impact to the Protect and the services provided to SJAFCA beneficiaries at large.
The Board should make decisions that consider the proportionality of the investment made into the levee improvement program.
The Board should consider the timing of repayment of capital to those investing in the levee improvement program.
For Land Use Agencies due repayment pursuant to the Interim Seed Money Funding Agreement dated June 12, 2018
Repayment will be made consistent with Section 6 of that Agreement.
Piepared1y LWA 3 October 22, 2018
162
Table B- 1
Mossdale Tract: 2023 Financing Plan
Updated Regional Development Fee Revenue Analysis
Initial Starting Development Fee Rate Summary
Fee Rate Summary ( Current Adopted)
Land Use
Reference
Demonstrative Purposes Only
Units / 1, 000 Fee Rate per
Cost Share Administrative Fee Rate Building Sq Ft Unit/ 1, 000 Per Acre Fee Per Acre Per Acre Building Sq Ft
1] 3% ( 2]
Single -Family $ 21, 462 $ 644 $ 22, 106 5. 86 $ 3, 770 Multifamily $ 2Q084 $ 603 $ 20, 686 18. 89 $ 1, 095
Commercial $ 20, 307 $ 609 $ 20, 916 12. 21 $ 1, 713
A $ 15, 907 $ 477 $ 16, 384 15. 55 $ 1, 053
1] Regional Development Impact Fee Rates for FY 22/3.
2] Single -Family and Multifamily shown in units; Commercial and Industrial shown in 1, 000' s of square feet. 3] The Development Impact Fee will escalate annually based on the Engineering News Record' s Construction Cost Index 20 -City Average ( ENR CCI) for the most recent December bears to the December 2018 index.
Prepared by LWA B1 1801000 Mossdale Tract Financing Plan 2024 0827. x/ sx 163
Table B- 2
Mossdale Tract: 2023 Financing Plan
Updated Regional Development Fee Revenue Analysis
Total Development Impact Fee Revenue Estimate
Revenue by Land Use
Year
Increase
Single Family Multifamily Commercial Industrial Factor [ 1] Total Fee Revenue 0% [ 1]
Table 8-3 Table 8-4 Table 8-5 Table 8-6
2016 N/ A N/ A N/ A N/ A $ 0
2017 N/ A N/ A N/ A N/ A $ 0
2018 [ 2] N/ A N/ A N/ A N/ A $ 826, 986
2019 [ 3] N/ A N/ A N/ A N/ A $ 1, 888, 567
2020 [ 4] N/ A N/ A N/ A N/ A $ 1, 368,91
2021 [ 5] N/ A N/ A N/ A N/ A $ 4, 829, 607
2022 [ 6] N/ A N/ A N/ A N/ A $ 2, 412, 968
2023 [ 7] N/ A N/ A N/ A N/ A $ 3, 199, 872
2024 $ 1, 737, 125 $ 273, 360 $ 1, 299, 368 $ 2, 172, 033 1. 00 $ 5, 481, 886 2025 $ 2, 137,02 $ 324,79 $ 1, 459, 618 $ 2,75, 118 1. 00 $ 6, 196, 217 2026 $ 2, 011, 305 $ 400, 134 $ 1, 451,22 $ 1, 502, 223 1. 00 $ 5, 365, 085 2027 $ 1, 525, 344 $ 328,53 $ 1, 545, 733 $ 1,79, 264 1. 00 $ 4, 578, 694 2028 $ 1, 467, 708 $ 48, 118 $ 1, 524, 633 $ 1, 202, 462 1. 00 $ 4, 242, 921 2029 $ 1, 497, 545 $ 48, 854 $ 1, 651,31 $ 814, 677 1. 00 $ 4, 012, 708 2030 $ 1, 566, 448 $ 44, 295 $ 1, 933, 809 $ 482, 013 1. 00 $ 4, 026, 565 2031 $ 1, 597, 777 $ 45, 181 $ 1, 816, 144 $ 491, 654 1. 00 $ 3, 950, 755 2032 $ 1, 629, 476 $ 142, 093 $ 1, 095, 718 $ 501, 487 1. 00 $ 3,68, 773 2033 $ 1, 252, 109 $ 97,29 $ 1, 262, 442 $ 1, 516, 322 1. 00 $ 4, 128, 801 2034 $ 1, 275, 550 $ 99, 887 $ 1, 287, 918 $ 1, 491, 863 1. 00 $ 4, 155, 218 2035 $ 734, 092 $ 101, 885 $ 1, 249,66 $ 1, 449, 680 1. 00 $ 3, 534, 924 2036 $ 515, 285 $ 103, 923 $ 1,73, 957 $ 1, 479, 291 1. 00 $ 3, 272, 456 2037 $ 525,91 $ 106, 001 $ 844, 287 $ 1, 029, 852 1. 00 $ 2, 505, 732 2038 $ 536, 103 $ 44, 600 $ 662, 756 $ 432, 665 1. 00 $ 1, 676, 124 2039 $ 546, 825 $ 0 $ 675, 091 $ 441, 38 1. 00 $ 1, 663, 235 2040 $ 2, 165, 626 $ 0 $ 391, 540 $ 450, 145 1. 00 $ 3, 007, 311 2041 $ 1, 727, 689 $ 0 $ 426, 315 $ 459, 148 1. 00 $ 2, 613, 151 2042 $ 1, 762, 243 $ 0 $ 434, 81 $ 468, 331 1. 00 $ 2, 665, 414 2043 $ 1, 797, 487 $ 0 $ 453,96 $ 476, 752 1. 00 $ 2, 727,35 2044 $ 1, 833, 437 $ 0 $ 393, 622 $ 0 1. 00 $ 2,27, 060 2045 $ 1, 870, 106 $ 0 $ 401,95 $ 0 1. 00 $ 2,71, 601
2046 $ 1, 907, 508 $ 0 $ 409, 525 $ 0 1. 00 $ 2, 317, 033 2047 $ 1, 945, 658 $ 0 $ 388, 646 $ 0 1. 00 $ 2, 334,04 2048 $ 1, 984, 571 $ 0 $ 362, 437 $ 0 1. 00 $ 2, 347, 009 2049 $ 2, 024, 263 $ 0 $ 369, 686 $ 0 1. 00 $ 2, 393, 949 Total 39, 573, 974 $ 2,08, 992 $ 24, 965, 395 $ 20, 316, 299 $ 101, 591, 052 1] Total projected fee revenue assumes a 2% escalation in the ENR Index. 2] Total revenues received January 2018 through December 2018. Amounts include interest for the program. 3] Total revenues received January 2019 through December 2019. Amounts include interest for the program. 4] Total revenues received January 2020 through December 2020. Amounts include interest for the program. 5] Total revenues received January 2021 through December 2021. Amounts include interest for the program. 6] Total revenues received January 2022 through November 2022. Amounts include interest for the program. 7] Reflects an imputed amount based on the total revenues received through July 2024 less the above noted amounts.
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx B- 21
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Table B- 3
Mossdale Tract: 2023 Financing Plan
Updated Regional Development Fee Revenue Analysis
Development Impact Fee Revenue Estimate - Single Family Single Family Acres By Jurisdiction [ 1]
Unincorp Base
Year Lathrop Manteca Stockton County Total Fee Revenue
Table 8-1
Initial Fee Rate/ Acre $ 21, 462
2016 0. 0. 0. 0. 0. $ 0
2017 0. 0. 0. 0. 0. $ 0
2018 0. 0. 0. 0. 0. $ 0
2019 0. 0. 0. 0. 0. $ 0
2020 0. 0. 0. 0. 0. $ 0
2021 0. 0. 0. 0. 0. $ 0
2022 0. 0. 0. 0. 0. $ 0
2023 0. 0. 0. 0. 0. $ 0
2024 0. 52. 4 11. 3 15. 7 79. 4 $ 1, 737, 125
2025 3. 76. 8 0. 15. 7 95. 7 $ 2, 137,02
2026 3. 69. 4 0. 15. 7 88. 3 $ 2, 011, 305
2027 3. 46. 7 0. 15. 7 65. 7 $ 1, 525, 344
2028 3. 43. 0 0. 15. 7 61. 9 $ 1, 467, 708
2029 3. 43. 0 0. 15. 7 62. 0 $ 1, 497, 545
2030 3. 44. 6 0. 15. 7 63. 5 $ 1, 566, 448
2031 3. 44. 6 0. 15. 7 63. 5 $ 1, 597, 777
2032 3. 44. 6 0. 15. 7 63. 5 $ 1, 629, 476
2033 3. 44. 6 0. 0. 47. 9 $ 1, 252, 109
2034 3. 2 44. 6 0. 0. 47. 8 $ 1, 275, 550
2035 0. 27. 0 0. 0. 27. 0 $ 734, 092
2036 0. 18. 6 0. 0. 18. 6 $ 515, 285
2037 0. 18. 6 0. 0. 18. 6 $ 525,91
2038 0. 18. 6 0. 0. 18. 6 $ 536, 103
2039 0. 18. 6 0. 0. 18. 6 $ 546, 825
2040 56. 4 15. 7 0. 0. 72. 1 $ 2, 165, 626
2041 56. 4 0. 0. 0. 56. 4 $ 1, 727, 689
2042 56. 4 0. 0. 0. 56. 4 $ 1, 762, 243
2043 56. 4 0. 0. 0. 56. 4 $ 1, 797, 487
2044 56. 4 0. 0. 0. 56. 4 $ 1, 833, 437
2045 56. 4 0. 0. 0. 56. 4 $ 1, 870, 106
2046 56. 4 0. 0. 0. 56. 4 $ 1, 907, 508
2047 56. 4 0. 0. 0. 56. 4 $ 1, 945, 658
2048 56. 4 0. 0. 0. 56. 4 $ 1, 984, 571
2049 56. 4 0. 0. 0. 56. 4 $ 2, 024, 263
Total 596. 3 671. 1 11. 3 141. 1, 419. 7 $39, 573, 974
1] Source: Updated Development Absorption Projections dated July 16, 2021 Table 2, SJAFCA Mossdale Tract Area, Development Absorption Projections Acres ( ac) Prepared by LWA B3 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx B- 22
165
Table B- 4
Mossdale Tract: 2023 Financing Plan
Updated Regional Development Fee Revenue Analysis
Development Impact Fee Revenue Estimate - Multifamily
Multifamily Acres By Jurisdiction 111
Unincorp
Year Lathrop Manteca Stockton County Total Fee Revenue
Table B- 1
Initial Fee Rate/ Acre $ 20, 084
2016 0. 0. 0. 0. 0. $ 0
2017 0. 0. 0. 0. 0. $ 0
2018 0. 0. 0. 0. 0. $ 0
2019 0. 0. 0. 0. 0. $ 0
2020 0. 0. 0. 0. 0. $ 0
2021 0. 0. 0. 0. 0. $ 0
2022 0. 0. 0. 0. 0. $ 0
2023 0. 0. 0. 0. 0. $ 0
2024 5. 4 7. 9 0. 0. 13. 3 $ 273, 360
2025 5. 4 10. 0. 0. 15. 5 $ 324,79
2026 5. 4 5. 8 7. 5 0. 18. 8 $ 400, 134
2027 5. 4 2. 7. 5 0. 15. $ 328,53
2028 0. 2. 0. 0. 2. $ 48, 118
2029 0. 2. 0. 0. 2. $ 48, 854
2030 1. 9 0. 0. 0. 1. 9 $ 44, 295
2031 1. 9 0. 0. 0. 1. 9 $ 45, 181
2032 1. 9 0. 4. 0 0. 5. 9 $ 142, 093
2033 0. 0. 4. 0 0. 4. 0 $ 97,29
2034 0. 0. 4. 0 0. 4. 0 $ 99, 887
2035 0. 0. 4. 0 0. 4. 0 $ 101, 885
2036 0. 0. 4. 0 0. 4. 0 $ 103, 923
2037 0. 0. 4. 0 0. 4. 0 $ 106, 001
2038 0. 0. 1. 7 0. 1. 7 $ 44, 600
2039 0. 0. 0. 0. 0. $ 0
2040 0. 0. 0. 0. 0. $ 0
2041 0. 0. 0. 0. 0. $ 0
2042 0. 0. 0. 0. 0. $ 0
2043 0. 0. 0. 0. 0. $ 0
2044 0. 0. 0. 0. 0. $ 0
2045 0. 0. 0. 0. 0. $ 0
2046 0. 0. 0. 0. 0. $ 0
2047 0. 0. 0. 0. 0. $ 0
2048 0. 0. 0. 0. 0. $ 0
2049 0. 0. 0. 0. 0. $ 0
Total 27. 5 30. 40. 7 0. 98. 5 $ 2,08, 992
1] Source: Updated Development Absorption Projections dated July 16, 2021 Table 2, SJAFCA Mossdale Tract Area, Development Absorption Projections Acres ( ac) Prepared by LWA B4 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx B- 23
166
Table B- 5
Mossdale Tract: 2023 Financing Plan
Updated Regional Development Fee Revenue Analysis
Development Impact Fee Revenue Estimate - Commercial
Commercial Acres By Jurisdiction [ 1]
Unincorp
Year Lathrop Manteca Stockton County Total Fee Revenue
Table B- 1
Initial Fee Rate/ Acre $ 20, 307
2016 0. 0. 0. 0. 0. $ 0
2017 0. 0. 0. 0. 0. $ 0
2018 0. 0. 0. 0. 0. $ 0
2019 0. 0. 0. 0. 0. $ 0
2020 0. 0. 0. 0. 0. $ 0
2021 0. 0. 0. 0. 0. $ 0
2022 0. 0. 0. 0. 0. $ 0
2023 0. 0. 0. 0. 0. $ 0
2024 40. 1 16. 5 2. 3 3. 8 62. 7 $ 1, 299, 368
2025 40. 1 20. 3 2. 3 6. 3 69. 1 $ 1, 459, 618
2026 38. 4 20. 3 2. 3 6. 3 67. 4 $ 1, 451,22
2027 38. 4 21. 4 2. 3 8. 3 70. 3 $ 1, 545, 733
2028 38. 4 19. 2. 3 8. 3 68. 0 $ 1, 524, 633
2029 38. 4 23. 3 2. 3 8. 3 72. 2 $ 1, 651,31
2030 49. 1 23. 3 2. 3 8. 3 82. 9 $ 1, 933, 809
2031 42. 5 23. 3 2. 3 8. 3 76. 3 $ 1, 816, 144
2032 12. 4 22. 2. 3 8. 3 45. 2 $ 1, 095, 718
2033 12. 4 22. 2. 3 14. 51. 0 $ 1, 262, 442
2034 12. 4 22. 2. 3 14. 51. 0 $ 1, 287, 918
2035 12. 4 22. 2. 3 11. 6 48. 5 $ 1, 249,66
2036 12. 4 18. 4 2. 3 11. 6 44. 7 $ 1,73, 957
2037 12. 4 5. 2 2. 3 11. 6 31. 5 $ 844, 287
2038 12. 4 3. 8 2. 3 5. 7 24. 3 $ 662, 756
2039 12. 4 3. 8 2. 3 5. 7 24. $ 675, 091
2040 0. 3. 8 2. 3 7. 6 13. 8 $ 391, 540
2041 0. 9 3. 8 2. 3 7. 6 14. 7 $ 426, 315
2042 0. 9 3. 8 2. 3 7. 6 14. 7 $ 434, 81
2043 0. 9 3. 8 2. 3 8. 0 15. 0 $ 453,96
2044 0. 9 3. 8 2. 3 5. 7 12. 8 $ 393, 622
2045 0. 9 3. 8 2. 3 5. 7 12. 8 $ 401,95
2046 0. 9 3. 8 2. 3 5. 7 12. 8 $ 409, 525
2047 0. 9 3. 8 2. 3 4. 8 11. 9 $ 388, 646
2048 0. 9 3. 8 2. 3 3. 8 10. 9 $ 362, 437
2049 0. 9 3. 8 2. 3 3. 8 10. 9 $ 369, 686
Total 432. 9 325. 8 59. 8 201. 0 1, 019. 5 $24, 965, 395 1] Source: Updated Development Absorption Projections dated July 16, 2021 Table 2, SJAFCA Mossdale Tract Area, Development Absorption Projections Acres (ac) Prepared by LWA B5 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx B- 24
167
Table B- 6
Mossdale Tract: 2023 Financing Plan
Updated Regional Development Fee Revenue Analysis
Development Impact Fee Revenue Estimate - Industrial
Industrial Acres By Jurisdiction
Unincorp
Year Lathrop Manteca Stockton County Total Fee Revenue
Table B- 1
Initial Fee Rate/ Acre $ 15, 907
2016 0. 0. 0. 0. 0. $ 0
2017 0. 0. 0. 0. 0. $ 0
2018 0. 0. 0. 0. 0. $ 0
2019 0. 0. 0. 0. 0. $ 0
2020 0. 0. 0. 0. 0. $ 0
2021 0. 0. 0. 0. 0. $ 0
2022 0. 0. 0. 0. 0. $ 0
2023 0. 0. 0. 0. 0. $ 0
2024 64. 3 69. 0. 0. 133. 9 $ 2, 172, 033
2025 64. 3 73. 2 0. 0. 137. 5 $ 2,75, 118
2026 64. 3 24. 7 0. 0. 89. 0 $ 1, 502, 223
2027 64. 9 3. 6 0. 0. 68. 5 $ 1,79, 264
2028 64. 9 3. 6 0. 0. 68. 5 $ 1, 202, 462
2029 41. 9 3. 6 0. 0. 45. 5 $ 814, 677
2030 22. 8 3. 6 0. 0. 26. 4 $ 482, 013
2031 22. 8 3. 6 0. 0. 26. 4 $ 491, 654
2032 22. 8 3. 6 0. 0. 26. 4 $ 501, 487
2033 22. 8 3. 6 23. 0 28. 9 78. 2 $ 1, 516, 322
2034 22. 8 3. 6 20. 28. 9 75. 4 $ 1, 491, 863
2035 22. 8 0. 20. 28. 9 71. 9 $ 1, 449, 680
2036 22. 8 0. 20. 28. 9 71. 9 $ 1, 479, 291
2037 0. 0. 20. 28. 9 49. 1 $ 1, 029, 852
2038 0. 0. 20. 0. 20. $ 432, 665
2039 0. 0. 20. 0. 20. $ 441, 38
2040 0. 0. 20. 0. 20. $ 450, 145
2041 0. 0. 20. 0. 20. $ 459, 148
2042 0. 0. 20. 0. 20. $ 468, 331
2043 0. 0. 20. 0. 20. $ 476, 752
2044 0. 0. 0. 0. 0. $ 0
2045 0. 0. 0. 0. 0. $ 0
2046 0. 0. 0. 0. 0. $ 0
2047 0. 0. 0. 0. 0. $ 0
2048 0. 0. 0. 0. 0. $ 0
2049 0. 0. 0. 0. 0. $ 0
Total 524. 1 196. 2 225. 0 144. 3 1, 089. 6 $20, 316, 299 1] Source: Updated Development Absorption Projections dated July 16, 2021 Table 2, SJAFCA Mossdale Tract Area, Development Absorption Projections Acres ( ac) Prepared by LWA B6 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx B- 25
168
Table B7
Mossdale Tract: 2023 Financing Plan
Creditable Pre -Project Expenditures
Pre -Project Expenditure - Contractor (Amendment/ Task Order; Cost Funding Source Amount Peterson Brustad - Agreement No. 1
Funding 11/ 2014 Staff Repot-,
123, 244 Manteca
River Islands
Saybrook CLSP
Richland
Lathrop Gateway/ Lazares
Saybrook CLSP
5123, 244
61,22
15, 500
13, 020
14, 415
3, 720
14, 967
Peterson Brustad Agreement No. 2
Peterson Brustad - Agreement No. 3
7, 500 Lathrop
7, 500
17, 499 Lathrop
517, 499
123, 244
7, 500
57,00
17, 499
517, 499
Peterson Brustad Agreement No. 4 50, 000 Saybrook CLSP
Lathrop
50, 000
25, 000
25, 000
50, 000
Peterson Brustad - Agreement No. 5 2, 589, 197 Manteca
Lathrop
Saybrook CLSP
Others
52,89, 197
863, 066
750, 00
500, 00
476, 131
Larsen Wurzel & Associates, Inc. - Agreement No. 1 ( A) Financial Planning / Grant Applicatioi
Larsen Wurzel & Associates, Inc. - Agreement No. 1 ( B) Financial Plan for ULOF
Larsen Wurzel & Associates, Inc. - Agreement No. 3
Financial Plan Implementation & Analysi
Task Order No. 1
Task Order No. 2
SJAFCA Seed Funding Agreement Loans & Interest in Funds 63, 540 Lathrop
Mantenca
63, 540
80, 010 Lathrop
Mantenca
80, 010
172, 018 Lathrop
Manteca
126, 300 RD 17
5298, 318
313,51 Lathrop
Manteca
Stockton
SJ County
Interest (Use of Money)
5313, 351
52,89, 197
42, 360
21, 180
63, 540
53, 340
26, 670
80, 010
114, 679
57, 339
126, 300
5298, 318
115, 000
65, 000
65, 000
65, 000
3,51
5313, 351
Total Cost / Sources 3, 542, 659 Lathrop
Lathrop Gateway/ Lazares
Manteca
Stockton
SJ County
Others
Richland
River Islands
Saybrook CLSP
RD 17
3, 542, 659
1,26, 621
3, 720
1, 095, 580
65, 703
65, 703
476, 131
14, 415
15, 500
552, 987
126, 300
3, 542, 659
Source: City of Lathrop, LWA
Prepared by LWA 7 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx B- 26
169
San Joaquin Area Flood Control Agency
2022 Annual Adequate Progress Report Update
January 24, 2023
APPENDIX C:
SAN JOAQUIN AREA FLOOD CONTROL AGENCY RESOLUTION NO. 24-2:
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN JOAQUIN AREA FLOOD
CONTROL AGENCY APPROVING FINAL ENGINEER' SREPORT, FORMING THE
MOSSDALE TRACT OVERLAY ASSESSMENT DISTRICT AND ORDERING THE LEVY OF ASSESSMENT BEGINNING IN FISCAL YEAR 2024-5
Reso 24-2 SJAFCA Mossdale OAD Resolution of Formation C- 1 LWA
LARSEN WURZEI
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ATTACHMENT 2
RESOLUTION NO. SJAFCA 24-2
SAN JOAQUIN AREA
FLOOD CONTROL AGENCY
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN JOAQUIN AREA FLOOD
CONTROL AGENCY APPROVING FINAL ENGINEER' SREPORT, FORMING THE
MOSSDALE TRACT OVERLAY ASSESSMENT DISTRICT AND ORDERING LEVY OF ASSESSMENTS BEGINNING IN FISCAL YEAR 2024-5
WHEREAS, the San Joaquin Area Flood Control Agency ( the " Agency") is a joint powers agency that was created in May 1995 between the City of Stockton (" Stockton"), San Joaquin County (" County") and the San Joaquin County Flood Control and Water Conservation District SJCFCWCD"), for the purpose of providing flood protection services for the City of Stockton and surrounding unincorporated areas of the County;
WHEREAS, in January of 2018 Stockton, the County, the SJCFCWCD, the City of Lathrop Lathrop"), and the City of Manteca (" Manteca") executed an Amended and Restated Joint Exercise of Powers Agreement to reform the Agency by adding Lathrop and Manteca as members;
WHEREAS, in February 2018, SJAFCA, as part of the reformulation of the Agency' sJoint Exercise of Powers Agreement to include the Cities of Lathrop and Manteca as members of the Agency, assumed the role of Local Flood Management Agency (" LFMA") as part of the efforts to provide Urban Level of Flood Protection to the area that includes the community of Weston Ranch in south Stockton, south to the City of Lathrop and west to the western portions of the City of Manteca commonly referred to as the " Mossdale Tract Area." In its role as LFMA, SJAFCA has advanced a funding program to generate the funds needed to implement improvements to the levee system protecting the Mossdale Tract Area (" the Project") to ensure the levees can meet Urban Levee Design Criteria (" ULDC") and the Area can achieve an Urban Level of Flood Protection (" ULOP");
WHEREAS, on June 28, 2018, in its role as LFMA, the Agency transmitted its first Annual Report of Adequate Progress toward Urban Level of Flood Protection to the Central Valley Flood Protection Board pursuant to Government Code § 65007 ( a)( 5). The Annual Adequate Progress Report includes the details of a
funding and financing plan to generate the needed local funding for the Project. The Annual Adequate Progress Report identified three new funding mechanisms to generate the local funding; a Regional Development Impact Fee program; an Enhanced Infrastructure Financing District; and the Mossdale Tract Overlay Assessment District (" Mossdale Tract OAD");
WHEREAS, in September 2019, the Agency entered into a contract with Willdan Financial Services to provide Assessment Engineering Services for the proposed Mossdale Tract OAD to provide a portion of the funding for ULOP related improvements and services; WHEREAS, the Agency now plans to establish the Mossdale Tract OAD to fund a portion of the costs of constructing 200 -year improvements to the levee and flood control system providing protection to Mossdale Tract Area, and ensure proper maintenance and operation of the related levees and flood control facilities ( collectively, the " Services"); C- 1
171
ATTACHMENT 2
WHEREAS, the Services will provide special benefits to certain land in the Mossdale Tract Area ( the "Properties") within the proposed boundaries of the Mossdale Tract OAD; WHEREAS, the Agency has engaged the firm of Willdan Financial Services, to have a registered professional engineer
Report (" Engineer' sReport") establishing
certified by
a methodology
the State of California
to determine
prepare
and
a
apportion
detailed
the
Engineer' s
special
benefits received by the Properties from the Services and to allocate the costs of the Services in proportion to said special benefits;
WHEREAS, the proposed boundaries of the Mossdale Tract OAD area include all the Properties that receive special benefit from the Services, while excluding properties not receiving special benefits from the Services and any incidentally -benefited properties in adjacent areas; WHEREAS, the Board of Directors of the Agency has determined to undertake proceedings pursuant to the Benefit Assessment Act of 1982, Government Code section 54703 et. seq. ("Act") to establish the Mossdale Tract OAD and to levy assessments to pay costs of the Services for the Properties to be included within the Mossdale Tract OAD boundary; WHEREAS, the imposition of a new special assessment is subject to constitutional procedural requirements, including a ballot procedure involving the owners of the parcels proposed to be assessed;
WHEREAS, on April 18, 2024, the Board of Directors of the Agency adopted Resolution No. 24- 07, which:
Proposed forming the Mossdale Tract OAD and levying a special benefit assessment; Identified the Mossdale Tract OAD' sproposed boundary;
Preliminarily approved the Engineer' s Report;
Fixed the time of a public hearing to hear public comment on the proposed Mossdale Tract OAD and special benefit assessment; and,
Directed the Agency' sconsultants and staff to undertake the procedural and approval processes including the mailing of notices and ballots which are necessary for the establishment of the Mossdale Tract OAD and levying of a special assessment proportional to the special benefits to be provided by the Services; WHEREAS, also on April 18, 2024, the Board of Directors of the Agency adopted Resolution No. 24- 08, which adopted Proposition 218 procedures to be followed in the implementation of the provisions of Proposition 218 relating to the proposed Mossdale Tract OAD the " 218 Procedures), and the 218 Procedures have been followed in connection with the activities directed by Resolution No. 24- 07;
WHEREAS, during May and June of 2024 the Agency conducted an assessment ballot proceeding pursuant to Proposition 218 in which the landowners that would be specially benefited by the Services were provided by mail with notice of the proposed special assessment and public hearing and also provided the opportunity to complete a ballot as to whether the Agency should form the proposed Mossdale Tract OAD and levy the assessment; SJAFCA Resolution 24-2
C- 2
172
ATTACHMENT 2
WHEREAS, on June 20, 2024, the Board received a report from Staff and Consultants which included as Attachment 1 Addendum No. 1 to the San Joaquin Area Flood Control Agency Preliminary Engineer' s Report Formation of Mossdale Tract Overlay Assessment District prepared by Willdan Financial Services dated April 18, 2024; WHEREAS, as part of the assessment ballot proceeding, the Board of Directors of the Agency held a public hearing on June 20, 2024 at 6: 00 PM in the City Council Chambers, Lathrop City Hall, located at 390 Towne Centre Dr., Lathrop, California for the purpose of receiving comments on and protests to the proposed benefit assessment and for accepting new or changed ballots from specially benefited landowners; and
WHEREAS, during the public hearing, the Board of Directors of the Agency heard and considered all public comments.
WHEREAS, on June 20, 2024, upon the conclusion of the public hearing, the Board of Directors of the Agency adopted Resolution No. 24- 19 receiving Addendum No. 1 to the Preliminary Engineer' sReport for the Mossdale Tract Overlay Assessment District and directing the tabulation of the ballots for the formation of the Mossdale Tract Overlay Assessment District.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the San Joaquin Area Flood Control Agency as follows:
1. Recitals. The above recitals are true and correct and are incorporated into this Resolution by this reference.
2. Ballot Proceeding. A total of 2, 430 assessment ballots were returned and received prior to the close of the public input portion of the public hearing on June 20, 2024. Of the assessment ballots returned, 2, 335 assessment ballots were deemed valid, and 95 assessment ballots were declared invalid in that they were either not marked with a " Yes" or "No", were marked with both a " Yes" and a " No", were not signed, or for some other reason. In addition, ballots that were mutilated in such a way where the property ownership and barcode information was illegible or missing were excluded from the tabulation counts above.
3. Ballot Tabulation. The canvass of the assessment ballots submitted by property owners is complete and was certified by the Larsen Wurzel & Associates, Inc., and the votes cast were as follows:
Total Number of Valid Ballots Received: 2, 335
Total Mossdale Tract OAD Amount of Valid Ballots: $458, 106. 48 Total Number of Valid " Yes" Votes: 1, 434
Total Weighted Value of "Yes" Votes: $344, 283. 70
Total Weighted Percentage of "Yes" Votes: 75. 15%
Total Number of Valid " No" Votes: 901
Total Weighted Value of "No" Votes: $113, 822. 78
Total Weighted Percentage of "No" Votes: 24. 85%
Total Number of " Invalid" Ballots: 95
Total Mossdale Tract OAD Amount of "Invalid" Ballots: $ 23, 457. 78 SJAFCA Resolution 24-2
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ATTACHMENT 2
After the ballots were weighted according to the proportional financial obligation of the affected property, the tabulation shows that 75. 15% of the valid ballots were cast in support of the Mossdale Tract OAD formation. Since a majority protest, as defined by Article XIII D of the California Constitution, did not exist, the Board may levy the assessment as described in the Final Engineer' s Report to pay the costs and expenses of the Services identified therein.
4. Final Engineer' sReport. The Final Engineer' s Report for the Mossdale Tract OAD, which reflects the information in Addendum No. 1 presented at the June 20, 2024 public hearing, together with the diagram of the Mossdale Tract OAD contained therein, and the proposed Benefit Assessment Roll for fiscal year 2024-5 contained therein, has been presented to the Board of Directors at this meeting and is incorporated herein by reference, are hereby confirmed and approved.
5. Findings. That based on the oral and documentary evidence, including the Final Engineer' s Report, offered and received at the public hearing, the Board finds and determines that: (a) each of the several assessed lots and parcels of land within the Mossdale Tract OAD will be specially benefited by the Services ( as described in the Final Engineer' s Report) in at least the amount of the benefit assessment apportioned against such lots and parcels of land, respectively; and ( b) there is substantial evidence to support, and the weight of the evidence is in favor of, this finding and determination as to special benefit to property within the LCMA Assessment District from the Services to be financed with assessment proceeds.
6. Mossdale Tract OAD Formation. The Mossdale Tract OAD is hereby formed, and assessments consistent with the Final Engineer' s Report, as modified by successful appeals, are hereby levied, pursuant to the Act.
7. Annual Levy of Assessments. The first assessments to be levied on property in the Mossdale Tract OAD will be for fiscal year 2024-5 with authorized maximum assessment.
8. Authorized Services. The Services to be financed with assessment proceeds described in the Final Engineer' s Report are hereby ordered.
Report,
9. to
Maximum
ensure that
Assessment
the Agency
Adjustment
can provide
per
the
CPI.
needed
As described
Services over
in the
time
Final
the
Engineer' s
Board of
Directors of the Agency will have the authority, pursuant to Government Code Section 53739 ( b), to levy the assessment within a designated range on an annual basis. The designated range will be from a minimum assessment, up to and including the authorized maximum assessment, as adjusted annually based on the CPI as described below.
Beginning in Fiscal Year 2025-6, the maximum authorized assessment may be increased subject to an annual inflationary escalator, based on the annual change in the Consumer Price Index February to February CPI -W for the San Francisco -Oakland - Hayward all Items, with Base Year 1982- 84 = 100, published by the U. S. Department of Labor, Bureau of Labor Statistics, subject to a minimum of 0% and a maximum of 4% in any given year as described in the " Annual Inflationary Adjustment (Assessment Range Formula)" section of the Final Engineer' sReport.
10. Filing ofMap & Collection of Assessment. SJAFCA staff is directed to file or cause to be filed the diagram of Mossdale Tract OAD, the Final Engineer' sReport and a certified copy of this Resolution with the Auditor/ Controller of San Joaquin County. Upon such filing, commencing in Fiscal Year 2024-5 and each year thereafter upon approval by the Board of Directors of the Agency, the County/ Aditor Controller shall enter on the County tax roll opposite SJAFCA Resolution 24-2
C- 4
174
ATTACHMENT 2
each lot or parcel of land in the Mossdale Tract OAD the amount of assessment thereupon as shown in the Final Engineer' sReport and described in this Resolution. The benefit assessment shall be collected at the same time and in the same manner as County ad valorem taxes are collected and all laws providing for the collection and enforcement of County ad valorem taxes shall apply to the collection and enforcement of the assessments. After collection by the County Tax Collector, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Agency for the purposes of the Mossdale Tract OAD.
11. Separate Fund Requirement. The monies representing assessments collected shall be deposited in a separate fund or funds designated for the Mossdale Tract OAD. Amounts deposited to such fund( s) shall be expended only for the Services that specially benefit the lands within the Mossdale Tract OAD as described in the Final Engineers Report.
12. Administrative Corrections. The assessment, as it applies to any parcel, may be corrected, cancelled or a refund granted as appropriate, by order of the Board of Directors or by order of the Executive Director of the Agency. Any such corrections, cancellations or refunds shall be limited to current or future fiscal years and shall not be granted retroactively. The Agency may adopt, in the future, as the need arises, additional policies or procedures as needed to efficiently and effectively administer the Mossdale Tract OAD.
13. CEQA Compliance. The creation of the assessment funding mechanism is exempt from CEQA because it provides a
funding mechanism in support of future actions which will be separately analyzed as projects under CEQA. Agency staff is directed to prepare and file or cause to be filed a Notice of Exemption to that effect with the proper office.
SJAFCA Resolution 24-2
C- 5
175
ATTACHMENT 2
14. Proposition 218 Compliance. The assessment is in compliance with all laws pertaining to it, including Article XIII- D of the California Constitution ( Proposition 218), and as described in the Final Engineers Report, the assessment is being levied without regard to property valuation.
PASSED, APPROVED AND ADOPTED this 18th day of July, 20
ATTEST:
CHRIS ELIAS, Secretary
of the San Joaquin Area
Flood Control Agency
APPROVED •' 8 TO FOR
SCOTT L.. 5 ' I'
for the S Jo. qui Area
Flood Co, • Age c
ounsel
PAUL AKINJO, Chair
of the San Joaquin Are
Flood Control Agency
SJAFCA Resolution 24-2
C- 6
176
San Joaquin Area Flood Control Agency
2022 Annual Adequate Progress Report Update
January 24, 2023
APPENDIX D:
RD 17 LSRP PROJECT SUPPORTING TABLES
Table D1 Remaining Expenditure Schedule for Phase 3 LSRP D- 1 Table D2 EIP Funding Agreement Credit D- 2
Table D3 State Payments Received to Date & State Share Remaining D- 3 Table D4 Expenses Reported to DWR D- 4
Table DS Historic RD 17 Financial Statements D- 6
LWA
LARSEN WURZEI
Associates. Inc
177 1801014 Adequate Progress Report Appendix Covers 2024 0903. docx Table D3
Mossdale Tract: 2023 Financing Plan
Estimated Remaining Expenditure Schedule for LSRP ( All Phases) Month & Year
Remaining Costs
Mar 2023 Apr 2023 May 2023 Jun 2023 Jul 2023 Aug 2023 Sep 2023 Oct 2023 Nov 2023 Dec 2023 TOTAL 111, 932 111, 932 111, 932 111, 932 111, 932 111, 932 111, 932 111, 932 - 895, 42 Total Expenses 111, 932 111, 932 111, 932 111, 932 111, 932 111, 932 111, 932 111, 932 - 895, 42 Prepared by LWA Page 1 of 1 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx 178
Table D2
Mossdale Tract: 2023 Financing Plan
EIP Funding Agreement Credit
Levee Seepage Repair Project Phase Eligible Project Credit State Share LSRP - Phase I 2, 630,49 1, 578, 389
LSRP - Phase II 3, 756, 668 2,54, 001
LSRP - Phase III 625, 090 375, 04
Total 7, 012, 406 $ 4, 207, 444
Source: KSN
Prepared by LWA 1 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx 179
Table D3
Mossdale Tract: 2023 Financing Plan
State Payments Received to Date & State Share Remaining Received Date Total State Share Credit Applied
4/ 15/ 2010 2, 182, 950 1, 389, 150 793, 800
6/ 8/ 2010 886, 525 602, 717 283, 808
12/9/ 2011 2, 828, 433 2, 355, 408 473, 025
5/ 30/ 212 452, 032 420, 838 31, 194
11/3/ 2013 1, 617, 235 1, 041,86 576, 149
Through Q40 7, 618, 404 5, 981, 017 1, 637, 387
Subtotal 15, 585,78 11, 790, 215 3, 795, 363
Remaining 24, 000,00 23, 587, 919 412, 081
Total 39, 585,78 35,78, 135 4, 207, 444
Source: KSN
Prepared by LWA 1 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx 180
Table D4
Mossdale Tract: 2023 Financing Plan
Total Actual and Estimated Expenses Reported to DWR
Project Quarter Year
Fiscal LSRP - Phase I LSRP - Phase II LSRP - Phase Ill
Quarter Expenses Expenses Expenses
Quarter 1 2010 Q1 $ 0 $ 866, 617 $ 233, 864
Quarter 2 2010 Q2 $ 0 $ 1, 973, 380 $ 568, 953
Quarter 3 2010 Q3 $ 2, 019 $ 944, 450 $ 341, 041
Quarter 4 2010 Q4 $ 2, 717 $ 320, 758 $ 484, 776
Quarter 5 2011 Q1 $ 1, 756 $ 58, 861 $ 573, 904
Quarter 6 2011 Q2 $ 0 $ 327, 945 $ 188,90
Quarter 7 2011 Q3 $ 1, 413 $ 79, 657 $ 179, 90
Quarter 8 2011 Q4 $ 2,47 $ 27, 994 $ 189, 457
Quarter 9 2012 Q1 $ 0 $ 119, 734 $ 219, 941
Quarter 10 2012 Q2 $ 1, 311 $ 379, 956 $ 160, 688
Quarter 11 2012 Q3 $ 1, 444 $ 552,68 $ 131, 829
Quarter 12 2012 Q4 $ 502 $ 383, 096 $ 149, 982
Quarter 13 2013 01 $ 0 $ 83, 459 $ 188, 263
Quarter 14 2013 Q2 $ 638 $ 107, 557 $ 130, 947
Quarter 15 2013 Q3 $ 509 $ 7, 251 $ 160, 951
Quarter 16 2013 Q4 $ 0 $ 4, 524 $ 170, 767
Quarter 17 2014 Q1 $ 0 $ 369 $ 185, 491
Quarter 18 2014 Q2 $ 0 $ 6, 935 $ 283, 552
Quarter 19 2014 Q3 $ 0 $ 9, 000 $ 155, 771
Quarter 20 2014 Q4 $ 999 $ 7, 444 $ 299, 970
Quarter 21 2015 Q1 $ 7, 930 $ 7,17 $ 224, 170
Quarter 22 2015 Q2 $ 7, 140 $ 18, 637 $ 184, 474
Quarter 23 2015 Q3 $ 540 $ 7, 305 $ 234, 779
Quarter 24 2015 Q4 $ 0 $ 0 $ 1,25, 519
Quarter 25 2016 Q1 $ 3, 720 $ 8, 378 $ 482, 931
Quarter 26 2016 Q2 $ 228 $ 25, 387 $ 216,29
Quarter 27 2016 Q3 $ 0 $ 20, 015 $ 235, 688
Quarter 28 2016 Q4 $ 0 $ 69, 326 $ 358, 058
Quarter 29 2017 Q1 $ 0 $ 9,34 $ 3, 195, 608
Quarter 30 2017 Q2 $ 0 $ 6, 489 $ 2, 632, 159
Quarter 31 2017 Q3 $ 0 $ 0 $ 872,05
Quarter 32 2017 Q4 $ 0 $ 0 $ 1, 000, 814
Quarter 33 2018 Q1 $ 0 $ 0 $ 268,53
Quarter 34 2018 Q2 $ 0 $ 0 $ 277, 834
Quarter 35 2018 Q3 $ 0 $ 58, 041 $ 255, 105
Quarter 36 2018 Q4 $ 0 $ 10, 068 $ 261, 022
Quarter 37 2019 Q1 $ 0 $ 0 $ 120, 598
Quarter 38 2019 Q2 $ 0 $ 0 $ 419, 527
Quarter 39 2019 Q3 $ 0 $ 0 $ 318, 646
Quarter 40 2019 Q4 $ 0 $ 0 $ 956, 206
Quarter 41 2020 Q1 $ 0 $ 12, 015 $ 2, 490,62
Quarter 42 2020 Q2 $ 0 $ 7, 990 $ 2, 184, 903
Prepared by LWA Page 1 of 2
D- 4
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181
Table D4
Mossdale Tract: 2023 Financing Plan
Total Actual and Estimated Expenses Reported to DWR
Project Quarter Year
Fiscal LSRP - Phase I LSRP - Phase II LSRP - Phase Ill
Quarter Expenses Expenses Expenses
Quarter 43 2020 Q3
Quarter 44 2020 Q4
Quarter 45 2021 01
Quarter 46 2021 Q2
Quarter 47 2021 Q3
Quarter 48 2021 Q4
Quarter 49 2022 01
Quarter 50 2022 Q2
Quarter 51 2022 Q3
Quarter 52 2022 Q4
Quarter 53 2023 Q1
Quarter 54 2023 Q2
Quarter 55 2023 Q3
Quarter 56 2023 Q4
Quarter 57 2024 Q1
Quarter 58 2024 Q2
Est. Quarter 59 2024 Q3
Est. Quarter 60 2024 Q4
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
6, 375
1, 579
10, 076
7, 020
10, 005
5, 319
0 0
24, 659
32, 076
7, 961
5, 256
2,79
1, 530
1, 020
5, 355
5, 000
0 544, 959
215,80
507, 193
209, 602. 58
195,86. 88
127, 530. 1
947, 312. 18
8, 796, 972. 11
15, 091, 111. 0
6, 174, 013. 37
1, 319, 576. 19
472, 690. 01
3,85, 566. 84
3, 823,22. 14
1,18, 686. 14
129, 642. 70
792, 986
97, 567
Total 35, 112 $ 6,48, 366 $ 67, 263, 816
Source: KSN, LWA
Prepared by LWA Page 2 of 2
D- 5
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Table DS
Mossdale Tract: 2023 Financing Plan/
Historic RD 17 Financial Data
Fiscal Year 2010 2011 2012
Fiscal Quarter Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Revenues
State Assistance 1, 534, 738 1, 534, 738 - - - - - 1, 640, 233 1, 640, 233 Assessments 1, 542, 907 1, 542, 907 - - 1, 573, 048 1, 573, 048 - 1, 495, 598 1, 495, 598 Property taxes 80, 197 80, 197 - - 121, 729 121, 729 - - 102, 670 102, 670 Interest 44, 107 44, 107 - - 32, 566 32, 566 - - 9, 557 9, 557 Other revenue 100, 550 100, 550 - - 100, 295 100, 295 - - 562 562 Penalties and interest on late assessments - - - - - - - - - Total Revenues 3,02, 498 3,02, 498 1, 827, 637 1, 827, 637 - 3, 248, 619 3, 248, 619 Expenditures
Levee repairs and maintenance 182, 568 182, 568 - - 90, 630 90, 630 - - 78, 201 78, 201 Engineering 44, 731 44, 731 - - 63, 021 63, 021 - - 40, 144 40, 144 Legal and accounting 78, 800 78, 800 - - 82, 354 82, 354 - - 66,01 66,01 Vegetation control 42, 823 42, 823 - - 34, 175 34, 175 - - 34, 825 34, 825 Payroll expenses 4, 812 4, 812 - - 8, 482 8, 482 - - 6,23 6,23 Rodent control 3, 250 3, 250 - - 255 255 - - 12, 962 12, 962 County charges 14, 980 14, 980 - - 15, 096 15, 096 - 25, 768 25, 768 Insurance 7, 162 7, 162 - - 6, 293 6, 293 - - 5,36 5,36 Property Taxes - - - - - - - - - -
Eqipment Rental - - - - - - - - - -
Office expense/ supplies 132 132 - - - - - - -
Miscellaneous 11, 828 11, 828 - - 1, 287 1, 287 - - 375 375 Trustee fees 438 438 - - 388 388 - - 438 438
Automobile expense 1, 800 1, 800 - - 1, 908 1, 908 - - 1, 800 1, 800 Dues and subscriptions 500 500 - - 500 500 - - 553 553
Permits 435 435 - - 435 435 - - -
Publication cost 61 61 - - 138 138 - - 238 238
Bank fees - - - - - - - - - -
Special projects 34,98 34,98 - - 29, 043 29, 043 - - 31, 721 31, 721 Bond Issuance Cost - - - - - - - - -
Reimbursements 150, 00 150, 00 - - - - - -
Equipment rental 1, 412 1, 412 - - - - - - -
Capital outlay 3, 892, 403 3, 892, 403 - - 2, 552, 743 2, 552, 743 - - 499,63 499,63 Debt service
Principal 453, 309 453, 309 - - 107, 500 107, 500 - - 112, 500 112, 500 Interest 376,91 376,91 - - 522, 27 522, 27 - - 518, 335 518, 335 Total Expenditures 5, 302, 227 5, 302, 227 - 3, 516, 471 3, 516, 471 - 1, 436, 079 1, 436, 079 Source, RD 17 Audited Financial Statements through Fiscal Year Ending lune 30, 2020 Future Years are based on projections using prior year data as assumed by LWA.
Prepared by LWA Page 1 of 5 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx 183
Table D5
Mossdale Tract: 2023 Financing Plan
Historic RD 17 Financial Data
Fiscal Year 2013 2014 2015
Fiscal Quarter Q1 Q2 Q3 Q4 01 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Revenues
State Assistance - - - - 808, 618 808, 618 - -
Assessments 1, 450, 901 1, 450, 901 - - 1, 444, 959 1, 444, 959 - - 1, 415, 812 1, 415, 812 Property taxes 107,89 107,89 - - 106, 405 106, 405 - - 120, 689 120, 689 Interest 13, 447 13, 447 - - 14, 364 14, 364 - - 17, 264 17, 264 Other revenue 103, 85 103, 85 - - 6,25 6,25 - - 514 514 Penalties and interest on late assessments - - - - 3, 434 3, 434 - - - - Total Revenues 1, 675, 371 1, 675, 371 - - 2, 384, 404 2, 384, 404 - - 1, 554, 278 1, 554, 278 Expenditures
Levee repairs and maintenance 43, 227 43, 227 - - 132, 018 132, 018 - - 116,70 116,70 Engineering 31, 757 31, 757 - - 152, 597 152, 597 - - 99, 124 99, 124 Legal and accounting 65,67 65,67 - 104, 832 104, 832 - - 137, 060 137, 060 Vegetation control 41, 225 41, 225 - - 47,25 47,25 - - 41, 575 41, 575 Payroll expenses 8, 371 8, 371 - - 6, 831 6, 831 - - 5, 409 5, 409 Rodent control 3, 017 3, 017 - 3, 090 3, 090 - - 5, 785 5, 785 7 County charges 14, 984 14, 984 - - 15, 019 15, 019 - - 15,08 15,08 Insurance 8, 121 8, 121 - - 7,22 7,22 - - 7, 828 7, 828 Property Taxes - - - - - - - - -
Eqipment Rental - - - - - - - -
Office expense/ supplies - - - - - - - - - -
Miscellaneous 372 372 - - 1, 016 1, 016 - - 2, 333 2, 333 Trustee fees 1, 038 1, 038 - - 300 300 - - 375 375
Automobile expense 1,72 1,72 - - 723 723 - - 723 723
Dues and subscriptions 500 S00 - - 500 500 - - 500 500
Permits - - - - - - - 3, 535 3, 535
Publication cost 45 45 - - - - - - 91 91
Bank fees - - - - - - - - 2, 100 2, 100
Special projects 31, 721 31, 721 - - - - -
Bond Issuance Cost - - - - 49, 863 49, 863 - - - -
Reimbursements - - - - - - - - - -
Equipment rental - - - - -
Capital outlay 1,71,56 1,71,56 - - 344, 282 344, 282 - - 279, 875 279, 875 Debt service
Principal 117, 500 117, 500 - - 120, 00 120, 00 - - 125, 000 125, 000 Interest 513, 88 513, 88 - - 508, 897 508, 897 - - 471, 060 471, 060 Total Expenditures 2, 053, 706 2, 053, 706 1, 495, 112 1, 495, 112 1, 313, 647 1, 313, 647 Source. RD il Audited Financial Statements through Fiscal Year Ending June 30, 2020 Future years are based on projections using prior year data as assumed by LWA Prepared by LWA Page 2 of 5 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx 184
Table D5
Mossdale Tract: 2023 Financing Plan
Historic RD 17 Financial Data
Fiscal Year 2016 2017 2018
Fiscal Quarter Q1 Q2 Q3 Q4 QS Q2 Q3 Q4 Q1 Q2 Q3 Q4
1 Revenues
State Assistance
Assessments 1, 403, 761 1, 403, 761
Property taxes 132, 475 132, 475
Interest 31, 917 31, 917
Other revenue 1, 056 1, 056
Penalties and interest on late assessments - -
4, 611 4, 611 - - 1, 732 1, 732
1, 403, 873 1, 403, 873 - - 1, 605, 323 1, 605, 323
145,66 145,66 - - 153, 355 153, 355
58, 882 58, 882 - - 80, 465 80, 465
3, 247 3, 247 - - 859 859
Total Revenues 1, 569, 208 1, 569, 208 - 1, 615, 778 1, 615, 778 1, 841, 733 1, 841, 733 Expenditures
Levee repairs and maintenance 700, 87 700, 87 - - 558, 933 558, 933 - - 763, 58 763, 58 Engineering 165, 311 165, 311 - - 190, 658 190, 658 - - 130, 929 130, 929 Legal and accounting 168, 652 168, 652 - - 172, 608 172, 608 - 164, 975 164, 975 Vegetation control 43, 925 43, 925 - - 113, 618 113, 618 - - 132, 73 132, 73 Payroll expenses 5, 160 5, 160 - - 4, 947 4, 947 - - 3, 601 3, 601 Rodent control 2, 649 2, 649 - - - - - - - -
7 County charges 15, 270 15, 270 - - 15, 272 15, 272 - - 15, 720 15, 720 Insurance 8, 080 8, 080 - - 8, 266 8, 266 - - 8, 780 8, 780 Property Taxes - - - - - - - - -
Egipment Rental - - - - - - - - - -
Office expense/ supplies 350 350 - - - - - - 77 77
Miscellaneous 4, 118 4, 118 - - 7, 109 7, 109 - - 4, 175 4, 175 Trustee fees 400 400 - - 400 400 - - 388 388
Automobile expense 723 723 - - 723 723 - - 723 723
Dues and subscriptions 500 500 - - 500 500 - - 500 500
Permits - - - - - - -
Publication cost - - - - 53 53 - - 53 53
Bank fees - - - - - - - -
Special projects - - - - - - - - - -
Bond Issuance Cost - - - 319, 861 319, 861 - - - -
Reimbursements 658 658 - - - - - - -
Equipment rental - - - - 1, 560 1, 560 - -
Capital outlay 331, 69 331, 69 - - 2, 766, 672 2, 766, 672 - - 722, 604 722, 604 Debt service
Principal 163, 352 163, 352 - - 166, 758 166, 758 - - 372, 175 372, 175 Interest 455, 886 455, 886 - - 331, 53 331, 53 - - 465, 898 465, 898 Total Expenditures 2, 067, 456 2, 067, 456 4, 659, 448 4, 659, 448 2, 786, 857 2, 786, 857 Source. RD11 Audited Financial Statements through Fiscal Year Ending lune 30, 2020 Future Years are based on protections using pnor year data as assumed by LWA Prepared by LWA Page 3 of 5 1801000 Mossdale Tract Financing Plan 2024 O827. xlsx 185
Table 05
Mossdale Tract 2023 Financing Plan
Historic RD 17 Financial Data
Fiscal Year 2019 2020 2021
Fiscal Quarter Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Revenues
State Assistance - - - - 3, 857, 939 3, 857, 939 - -
Assessments 1, 478, 039 1, 478, 039 - - 1, 499, 109 1, 499, 109 - - 1, 529, 091 1, 529, 091 Property taxes 166, 810 166, 810 - - 178, 440 178, 440 - - 183, 793 183, 793 Interest 98, 014 98, 014 - - 88, 173 88, 173 - - 90, 818 90, 818 Other revenue - - - - 20,38 20,38 - - - -
Penalties and interest on late assessments - - - - - - - - - - Total Revenues 1, 742, 862 1, 742, 862 - 5, 643, 897 5, 643, 897 - 1, 803, 701 1, 803, 701 Expenditures
Levee repairs and maintenance 264, 169 264, 169 - - 247, 507 247, 507 - - 288, 88 288, 88 Engineering 82, 101 82, 101 - - 93, 890 93, 890 - - 96, 706 96, 706 Legal and accounting 97, 835 97, 835 - - 83, 153 83, 153 - - 85, 648 85, 648 Vegetation control 48, 225 48, 225 - - 52, 475 52, 475 - - 54, 049 54, 049 Payroll expenses 10, 850 10, 850 - - 33, 086 33, 086 - - 34, 079 34, 079 Rodent control 13, 815 13, 815 - - 30, 418 30418 - - 31,31 31,31 County charges 16, 055 16, 055 - - 15, 797 15, 797 - - 16, 271 16, 271 Insurance 9, 000 9, 000 - - 11, 439 11, 439 - - 11, 782 11, 782 Property Taxes - - - 7, 134 7, 134 - - 7, 348 7, 348
Eqipment Rental - - - 3, 763 3, 763 - - 3, 875 3, 875
Office expense/ supplies - - - - 2, 541 2, 541 - - 2, 617 2, 617 Miscellaneous 4, 325 4, 325 - - 1, 897 1, 897 - - 1, 953 1, 953 Trustee fees 513 513 - - 850 850 - - 876 876
Automobile expense 739 739 - - 754 754 - 777 777
Dues and subscriptions 500 500 - - 500 500 - - 515 515
Permits - - - 347 347 - - 357 357
Publication cost - - - 228 228 - - 234 234
Bank fees - - - - - -
Special projects - - - - - - - - - -
Bond Issuance Cost - - - - - - - - - -
Reimbursements - - - - - - - - -
Equipment rental - - -
Capital outlay 407, 809 407, 809 - - 3, 116, 273 3, 116, 273 - - 3, 209, 761 3, 209, 761 Debt service - -
Principal 249, 504 249, 504 - - 258, 813 258, 813 - - 266, 577 266, 577 Interest 457,32 457,32 - - 449, 662 449, 662 - - 463, 152 463, 152 Total Expenditures 1, 662, 867 1, 662, 867 4,10, 524 4,10, 524 4, 576, 795 4, 576, 795 Source' R0 17 Audited Financial Statements through Fiscal Year Ending lune 30, 2020. Future Years are based on projections using poor year data as assumed by LWA.
Prepared by LWA Page 4 of 5 1801000 Mossdale Tract Financing Plan 2024 0827- xlsx 186
Table DS
Mossdale Tract: 2023 Financing Plan
Historic RD 17 Financial Data
Fiscal Year 2022 2023 2024
Fiscal Quarter Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Revenues
State Assistance - - - - -
Assessments 1, 559, 672 1, 559, 672 - - 1, 590, 866 1, 590, 866 Property taxes 189, 306 189, 306 - - 194, 986 194, 986
Interest 93, 542 93, 542 - - 96, 348 96, 348
Other revenue - - - - - -
Penalties and interest on late assessments - - -
1, 622,83 1, 622,83
200, 835 200, 835
99, 239 99, 239
Total Revenues 1, 842, 521 1, 842, 521 - - 1, 882, 200 1, 882, 200 1, 922, 757 1, 922, 757 Expenditures
Levee repairs and maintenance 297, 554 297, 554 - - 306, 481 306, 481 - - 315, 675 315, 675 Engineering 99, 607 99, 607 - - 102, 596 102, 596 - - 105, 673 105, 673 Legal and accounting 88, 217 88, 217 - - 90, 864 90, 864 - - 93, 589 93, 589 Vegetation control 55, 671 55, 671 - - 57, 341 57, 341 - - 59, 061 59, 061 Payroll expenses 35, 101 35, 101 - - 36, 154 36, 154 - - 37, 239 37, 239 Rodent control 32, 270 32, 270 - - 33, 239 33, 239 - - 34, 236 34, 236 County charges 16, 759 16, 759 - - 17, 262 17, 262 - - 17, 780 17, 780 Insurance 12,36 12,36 - - 12, 500 12, 500 - - 12, 875 12, 875 Property Taxes 7, 568 7, 568 - - 7,96 7,96 - - 8, 029 8, 029 Eqipment Rental 3, 992 3, 992 - - 4, 111 4, 111 - - 4, 235 4, 235 Office expense/ supplies 2, 695 2, 695 - - 2, 776 2, 776 - - 2, 859 2, 859 Miscellaneous 2, 012 2, 012 - - 2, 072 2, 072 - - 2, 135 2, 135 Trustee fees 902 902 - - 929 929 - - 957 957
Automobile expense 800 800 - - 824 824 - - 849 849
Dues and subscriptions 530 530 - - 546 546 - - 563 563
Permits 368 368 - - 379 379 - - 391 391
Publication cost 241 241 - - 249 249 - - 256 256
Bank fees - - - - - - -
Special projects - - - - - - - - - -
Bond Issuance Cost - - - - - - - - - -
Reimbursements - - - - - - - - -
Equipment rental - - - - - - - - -
Capital outlay 3,06, 053 3,06, 053 - - 3, 405, 235 3, 405, 235 - - 3, 507, 392 3, 507, 392 Debt service - - - - - - - - - -
Principal 274, 575 274, 575 - - 282, 812 282, 812 - - 291,96 291,96 Interest 477, 046 477, 046 - - 491, 358 491, 358 - - 506, 099 506, 099 Total Expenditures 4, 714, 099 4, 714, 099 4, 855, 522 4, 855, 522 5, 001, 188 5, 001, 188 Source . RD 17 Audited Financial Statements through Fiscal Year Ending lune 30, 2020. Future Years are based on projections using prior year data as assumed by LWA Prepared by LWA Page 5 of 5 1801000 Mossdale Tract Financing Plan 2024 0827. x/sx 187
San Joaquin Area Flood Control Agency
2022 Annual Adequate Progress Report Update
January 24, 2023
APPENDIX E:
EIFD ANALYSIS SUPPORTING INFORMATION
Reference the
MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT —
INFRASTRUCTURE FINANCING PLAN FINAL REPORT
PREPARED BY ECONOMIC & PLANNING SYSTEMS, INC.
DATED JUNE 2, 2022
Available on SJAFCA' sWebsite:
https:// www. sjafca. org/ home/ showpublisheddocument/ 1275/ 637902252871700000
MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN JOAQUIN AREA
FLOOD CONTROL AGENCY AND THE MOSSDALE TRACT ENHANCED
INFRASTRUCTURE FINANCING DISTRICT PUBLIC FINANCING AUTHORITY DATED JUNE 15, 2023
SJAFCA- PA MOU E- 1
Table El Updated EIFD & Financing Supporting Tables — Financing Revenues and Debt Service E- 10
LWA
LARSEN WURZEI
Associates. Inc. 1801014 Adequate Progress Report Appendix Covers 2024 0903. docx 188
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SAN JOAQUIN AREA FLOOD CONTROL AGENCY AND
THE MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING
DISTRICT PUBLIC FINANCING AUTHORITY
This Memorandum of Understanding ( this " MOU") is dated as of June 15_, 2023 the " Effective Date"), and is entered into by and between the MOSSDALE TRACT INFRASTRUCTURE FINANCING DISTRICT PUBLIC FINANCING AUTHORITY, a public agency ( the " Authority"), and the SAN JOAQUIN AREA FLOOD CONTROL AGENCY, a joint
powers authority (" SJAFCA"). Authority and SJAFCA are sometimes referred to in this MOU, individually, as a " Party" and, collectively, as the " Parties." The Parties enter into this MOU with reference to the following recited facts ( each, a " Recital"):
RECITALS
A. The California Legislature enacted California Government Code ( the " Code") sections 53398.0 through 53398. 88 (the " EIFD Law") authorizing cities and counties to form enhanced infrastructure financing districts and use specified property tax increment revenue generated within such districts to finance certain infrastructure and community benefit projects; and
B. In enacting the EIFD Law, the California Legislature found and determined that with the dissolution of redevelopment agencies, public benefits will accrue, if local agencies finance public infrastructure and community benefit projects authorized under the EIFD Law; C. On January 13, 2022 the City Council of the City of Lathrop adopted its resolution stating its intention to establish the Mossdale Tract Enhanced Infrastructure Financing District the " EIFD");
D. on January 18, 2022, the City Council of the City of Manteca adopted its resolution of intent to participate in the proposed EIFD;
E. on February 8, 2022, the City Council of the City of Stockton adopted its resolution of intent to participate in the proposed EIFD;
F. on February 15, 2022, the San Joaquin County Board of Supervisors adopted its resolution of intent to participate in the proposed EIFD; G. on March 2, 2022, the Authority directed the preparation of an Infrastructure Financing Plan ( the " IFP") for the District;
H. on June 14, 2022, the City of Stockton, adopted its resolution approving the IFP; I. on June 21, 2022, the County of San Joaquin, adopted its resolution approving the IFP;
1861502v2 SC409779
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J. on June 21, 2022, the City of Manteca, adopted its resolution approving the IFP; K. on July 11, 2022, the City of Lathrop, adopted its resolution approving the IFP; L. on July 21, 2022, the Authority adopted its resolution adopting the IFP for the EIFD and forming the EIFD;
M. The IFP provides for the EIFD to financially assist certain public flood control infrastructure projects including, but not limited to, public flood risk reduction infrastructure associated with ensuring that the resulting levee system complies with the Urban Levee Design Criteria promulgated by the California Department of Water Resources and SJAFCA' s Resolution No. 19- 06 and SJAFCA' sAdopted Policy for Adapting Design Standards for the Mossdale Tract Area of SJAFCA in light of Climate Change;
N. SJAFCA and Authority desire to provide for an efficient process for the Authority to provide financial assistance to the identified SJAFCA infrastructure projects and for SJAFCA to provide staff resources for the efficient operation of the District; NOW THEREFORE, in consideration of the above Recitals, the covenants, conditions and agreements set forth in this MOU, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:
1. TERM. This MOU shall commence on the Effective Date and shall continue until amended by the parties or modified pursuant to Section 3. 1.2, subject to the rights of the Parties under Section 7. Notwithstanding any provision of this MOU to the contrary, the term shall not exceed the duration of the EIFD.
2. ANNUAL INFRASTRUCTURE PROGRAM PROCESS. SJAFCA and Authority acknowledge and agree that all of the public infrastructure projects identified in the IFP for financing thru the EIFD constitute the Authority capital improvement projects (" Authority CIP( s)") and are part of a
larger group of SJAFCA capital improvement projects (" CIPs") that will be designed, contracted for and constructed by SJAFCA, or by other public entities pursuant to contribution agreements with SJAFCA for SJAFCA to reimburse costs of construction of the capital improvements to the public entities.
3. 1. Implementation. In order to provide for implementation of the Authority CIPs, SJAFCA and Authority agree that, by the end of the third fiscal year quarter of each fiscal year during which this MOU is in effect, SJAFCA shall deliver to Authority a list (the " List") of the Authority CIPs that SJAFCA plans to implement ( whether one or more project phases or the complete Authority CIPs) during the immediately following fiscal year and request Authority transfer of funding for such Authority CIPs (" Approved Authority CIPs").
3. 1.. To the extent that Authority has funds currently on -hand and/ or that are projected to be received and available ( not previously committed to Authority operating expenses in the applicable Authority fiscal year budget or other Authority CIPs identified by SJAFCA for implementation) to finance Authority CIPs (" Available Funds") and SJAFCA has indicated that it needs such Available Funds for the planning, permitting, design and construction of the CIPs on the List, Authority shall allocate such Available 186] 502v2 SC409779 2
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E- 2
Funds to SJAFCA for the Approved Authority CIPs on the List in the order of priority presented by SJAFCA.
3. 1.2. Notwithstanding this Section 3. 1, for fiscal years 2023-4, 2024- 2025, 2025-026, and 2026-027, if SJAFCA has not used the funding provided by the Authority within two years of receipt of that funding, then the Authority or one of its member agencies may request that the Authority and SJAFCA meet and confer as to the need and timing of future funding. Such meet and confer shall occur as between the Authority and SJAFCA and shall include a
representative of each of the member agencies. The meeting shall discuss whether ( i) any additional funding is needed from the Authority in the next or future fiscal years; (ii) the timing of any future funding; and ( iii) whether the funding that has not been used should be returned to the Authority to be further returned back to the agency that provided the property tax increment, subject to compliance with any applicable Authority and/ or SJAFCA financing obligations and covenants and applicable Federal tax law. Absent agreement of the Authority, SJAFCA, and the representatives of the member agencies, Available Funds shall continue to be allocated.
3. 1.. Allocation of funds projected to be received is subject to actual receipt of such funds by the Authority. The amount of Available Funds allocated to any Authority CIP shall be equal to the estimated cost of such Authority CIP not funded from other financing sources, until Authority has no more Available Funds or the amount of the estimated cost of such Authority CIP not funded from other financing sources has been allocated to SJAFCA, whichever occurs first.
3. 1.4. Authority shall consider allocation of Available Funds to SJAFCA for the Authority CIPs identified for implementation in the immediately following fiscal year, to the extent practical, by the end of the third fiscal year quarter of each fiscal year, or as otherwise docketed for consideration by the Authority.
3. 2. Funding Reallocation. If and to the extent that SJAFCA' s priorities change for Authority
CIPs identified for implementation, whether due to emergency, unforeseen circumstances accelerating or slowing project progress, other funding becoming available, increasing or decreasing costs, etc., SJAFCA may reallocate all or a portion of money allocated by Authority to another Authority CIP in compliance with the IFP and subject to approval by the Authority.
3. 2.1. SJAFCA shall only spend money from the Authority on Authority CIPs in accordance with SJAFCA' sthen current process for budgeting and executing its projects.
3. 2.. If and to the extent that an Authority CIP allocated funds by Authority will not proceed to completion of the entire project, phase( s), or other elements for which Authority provided funding, such funding shall be either allocated by SJAFCA to another Authority CIP allocated funding by Authority or returned to Authority.
4. AUTHORITY BUDGET. Authority will endeavor to adopt a budget for its operating expenses and Authority CIP expenditures for Authority' simmediately following fiscal year by the end of the third fiscal year quarter of each fiscal year. Authority' soperating expense portion of its budget shall include funds allocated to reimburse SJAFCA for staff services provided to Authority pursuant to Section 5. When SJAFCA delivers to Authority the list ofAuthority CIPs that SJAFCA 1861502v2 SC409779 3
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E- 3
plans to implement during the immediately following fiscal year, pursuant to Section 3, SJAFCA shall also deliver a budget estimate to Authority for SJAFCA staff services and Authority program operating expenses to Authority for the immediately following fiscal year.
5. SJAFCA STAFFING OF AUTHORITY. SJAFCA shall provide the employees, consultants, and legal services (" SJAFCA Staff') for the Authority on an as needed basis.
Authority shall pay SJAFCA for the documented time of SJAFCA Staff who provide services to Authority at each person' s then applicable hourly SJAFCA salary rate, including applicable overhead and load, or such rates as are charged to SJAFCA for non- SJAFCA employees. All SJAFCA Staff expenses incurred by Authority shall be billed to Authority and paid to SJAFCA using a billable internal order of SJAFCA.
5. 1. At the request ofAuthority, SJAFCA shall send detailed accounting records of SJAFCA staff costs incurred in staffing the Authority. The costs of SJAFCA staff incurred by Authority shall accrue during any time period that Authority does not have revenue to pay such costs and shall be payable when Authority has revenue available to pay such costs.
5. 2 SJAFCA and Authority acknowledge that employees, consultants, and legal counsel are providing services to both and hereby waive any conflicts that may arise from providing such services, recognizing the significant overlapping functions of SJAFCA and Authority and that Authority has been created for the exclusive purpose of providing needed funding to SJAFCA for the Authority CIPs.
6. COMPLIANCE WITH LAWS AND POLICIES. The Parties shall comply with all applicable laws, statutes, rules, regulations, orders, ordinances, resolutions, permits, requirements, and policies of the Federal, State, SJAFCA and other local governments to the extent applicable to their performance under this MOU.
7. REMEDIES FOR NON- PERFORMANCE. Notwithstanding any provision of this MOU to the contrary, if a Party fails to comply with any term or condition of this MOU, the other Party may exercise any or all of the following remedies: (a) any remedy specified in this MOU for such non- performance; or (b) any remedy available to the Party at law or in equity for such nonperformance. The rights and remedies of the Parties under this MOU are cumulative and exercise of any one or more of such rights or remedies shall not limit, waive, or deny any of a Party' s other rights or remedies under this MOU, at law or in equity, existing as of the Effective Date or later enacted or established, that may be available to a Party.
8. INFORMAL DISPUTE RESOLUTION. If the Parties have any dispute as to their respective rights, obligations, or duties under this MOU, or the meaning or interpretation of any provision contained in this MOU, they shall first attempt to resolve such dispute by informal discussion between their respective representatives. Within five ( 5) calendar days of determining the existence of any such dispute, the Party determining there is such a dispute may give Notice to the other Party of the existence of the dispute and the need to meet informally to resolve such dispute. The Parties shall endeavor, thereafter, to meet within five (5) calendar days of the second Party' sreceipt of such Notice, or at such time as is reasonable under the circumstances. 4 192
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9. AUTHORITY INDEMNIFICATION OF SJAFCA. Authority shall defend, indemnify, protect, and hold harmless SJAFCA, its elected officials, officers, employees, representatives, and agents from and against any and all claims asserted, or liability established, for damages or injuries to any person or property, including injury to Authority members or Authority officers, employees, invitees, guests, or agents that arise from, or are connected with, or are caused, or claimed to be caused by, this MOU, or by one or more acts or omissions of Authority, Authority members, or Authority or Authority officers, employees, invitees, guests, or agents in performing this MOU, and all expenses of investigating and defending against same, including attorney' sfees and costs.
However, Authority' s duty to indemnify and hold harmless pursuant to this Section 9 shall not include any claims or liability arising from the established sole negligence or willful misconduct of SJAFCA, its elected officials, officers, employees, representatives, or agents. SJAFCA may, at its sole discretion, conduct or participate in its own defense of any claim subject to this Section 9.
If SJAFCA elects to conduct or participate in its own defense, or obtain independent legal counsel in defense of any claim subject to this Section 9, Authority shall pay SJAFCA for all costs related thereto, including attorney' sfees and costs. Authority shall pay SJAFCA any and all costs SJAFCA incurs enforcing the indemnity and defense provisions set forth in this Section 9.
10. SJAFCA INDEMNIFICATION OF AUTHORITY. SJAFCA shall defend, indemnify, protect, and hold harmless Authority, its board members, and Authority or Authority, officers, employees, representatives, and agents from and against any and all claims asserted, or liability established, for damages or injuries to any person or property, including injury to SJAFCA' selected officials, officers, employees, invitees, guests, or agents that arise from, or are connected with, or are caused, or claimed to be caused by, this MOU, or by one or more acts or omissions of SJAFCA, its elected officials, officers, employees, invitees, guests, or agents in performing this MOU, and all expenses of investigating and defending against same, including attorney' sfees and costs.
However, SJAFCA' s
duty to indemnify and hold harmless pursuant to this Section 10 shall not include any claims or liability arising from the established sole negligence or willful misconduct of Authority, Authority members, or Authority or Authority officers, employees, representatives, or agents. Authority may, at its sole discretion, conduct or participate in its own defense of any claim subject to this Section 10. IfAuthority elects to conduct or participate in its own defense or obtain independent legal counsel in defense of any claim subject to this Section 10, SJAFCA shall pay Authority for all costs related thereto, including attorney' sfees and costs. SJAFCA shall pay Authority any and all costs Authority incurs enforcing the indemnity and defense provisions set forth in this Section 10.
11. NOTICE. In all cases where Notice is required under this MOU, Notice may be given by electronic mail, messenger, nationally recognized overnight ( one -business day) courier, or United States Postal Service first class mail. A Notice shall be effective on the date sent by electronic mail, if sent before 3: 00 p. m. Pacific Time, the date personally delivered by messenger to the Notice recipient, the first business day after deposit with an overnight courier for next business day delivery, or the third business day after the Notice is deposited with the United States Postal Service, in each case with all applicable postage or delivery costs paid and addressed to SJAFCA or Authority as specified below. SJAFCA or Authority may change its Notice address by Notice delivered in accordance with this Section 11.
Ifto the SJAFCA: San Joaquin Area Flood Control Agency
22 E. Weber Avenue, Room 301
Stockton, CA 95202
86] 502v2 SC409779 5
193
E- 5
Exhibit A
Telephone: ( 209) 937- 8211
Attention: Board Secretary
Ifto the Authority: Mossdale Tract Infrastructure Financing District Public Financing Authority
22 E. Weber Avenue, Room 301
Stockton, CA 95202
Telephone:
Attention: Authority Secretary
12. NO ASSIGNMENT. Neither Party shall have any right to assign all or any portion of this MOU to a third person. Any putative assignment of either Party' srights, obligations, or duties under this MOU shall not create a contractual relationship between the other Party and any putative assignee, and any such assignment shall be ineffective, null and void. Any assignment in violation of this Section 12 is grounds for immediate termination of this MOU, at the sole and absolute discretion of the Party not making the assignment.
13. MISCELLANEOUS PROVISIONS.
13.. Governmental Powers. Nothing contained in this MOU shall be construed as a limitation upon the powers of SJAFCA or the Authority.
13. 2. Governing Law. The terms and conditions of this MOU shall be construed and interpreted in accordance with the laws of the State.
13. 3. Jurisdiction and Venue. The Parties agree to submit to the personal jurisdiction of, and that venue shall be in, any State court within the County of San Joaquin, State of California, for any dispute, claim, or matter arising out of, or related to, this MOU.
13. 4. Integration and Amendment. This MOU, and any exhibits attached to this MOU, fully express all understandings of the Parties concerning the matters covered in this MOU. Any and all prior negotiations and agreements between the Parties regarding the subject matter of this MOU are merged into this MOU. No change, alteration, amendment, or modification of the terms or conditions of this MOU, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid, unless made in the form of a written amendment to this MOU signed by both Parties. The Parties agree to enter into any and all amendments to this MOU that are necessary to comply with any and all new or modified Federal or State laws affecting this MOU.
13. 5. No Waiver. No failure of either SJAFCA or Authority to insist upon the strict performance by the other of any term, covenant, or condition of this MOU, nor any failure to exercise any right or remedy consequent upon a breach of any term, covenant, or condition of this MOU, shall constitute a waiver of any such breach or the requirement to comply with such term, covenant, or condition. No waiver of any breach shall affect or alter this MOU, and each and every term, covenant, and condition, in this MOU shall continue in full force and effect regarding any existing or subsequent breach. 1861502v2 SC409779 6
194
E- 6
13. 6. Successors in Interest. This MOU, and all rights, obligations, or duties under this MOU, shall be in full force and effect, whether or not any Party to this MOU has been succeeded by another entity, and all rights, obligations, or duties under this MOU shall be vested and binding on any Party' ssuccessor in interest, subject to the limitations in this MOU on assignment of this MOU.
13. 7. Severability. The unenforceability, invalidity, or illegality of any provision of this MOU shall not render any other provision of this MOU unenforceable, invalid, or illegal.
13. 8. Conflicts between Terms. If an apparent conflict or inconsistency exists between the main body of this MOU and any exhibit attached to this MOU, the main body of this MOU shall control. If a conflict exists between an applicable Federal, State, SJAFCA, or other law, rule, regulation, order, or code and this MOU, then the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this MOU, the exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this MOU.
13. 9. Principles of Interpretation. No inference in favor of or against any Party shall be drawn from the fact that such Party has drafted any part of this MOU. A word, term or phrase defined in this MOU may be used in the singular, plural, past tense or future tense, regardless of how it is defined, all in accordance with ordinary principles of English grammar, which shall govern all language in this MOU.
13.0. Counterparts. This MOU may be signed in multiple counterparts, which, when taken together, shall constitute a single signed original, as though all Parties had signed the same MOU.
13.1. Headings. All headings in this MOU are for convenience of reference only and shall not affect the interpretation of this MOU.
13.2. Exhibits Incorporated. All exhibits referenced in this MOU are incorporated into this MOU.
13.3. Survival of Obligations. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this MOU, and all continuing obligations set forth in this MOU, shall survive expiration or earlier termination of this MOU.
13.4. Incorporation of Recitals. The Recitals preceding this MOU are true and correct and are incorporated into and made a part of this MOU.
13.5. Time of Essence. Time is of the essence of each provision of this MOU, unless otherwise specified in this MOU.
1861502v2 SC409779 7
195
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IN WITNESS WHEREOF, this MOU is entered into as of the date set forth above by SJAFCA, acting by and through its Board President or designee, and by the Authority, by and through the signature of the Authority' sauthorized representative( s), all as set forth below.
SAN JOAQUIN AREA FLOOD CONTROL
AGENCY
By:
SCOTT L. SHAPIRO, Legal Counsel
MOSSDALE TRACT INFRASTRUCTURE
FINANCING DISTRICT PUBLIC FINANCING
AUTHORITY
By:
CHRIS ELIAS, Executive Director
1s615o2v2 SC409779 8
196
E- 8
1861502v2
197
E- 9
Table E- 1
Mossdale Tract: 2023 Financing Plan
Updated OAD and EIFD Financing Supporting Tables
Financing Revenues and Debt Service
Gross
Gross Available Gross Revenues for Assessment Net Assessment Net EIFD Revenue Assessment EIFD Project & Total Revenue EIFD Revenue Revenue for PayGo / for PayGo & Future Year Revenues Revenues Financing Debt Service for Debt Service for Debt Service Services Projects Table 1: EIFD
1 ] Revenue Analysis [ 2] [ 2]
2016 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
2017 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
2018 $ 0 $ 0 $ 0 $ 0 $ o $ 0 $ o $ 0
2019 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
2020 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
2021 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
2022 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
rm 2023 $ 0 $ 925, 309 $ 925, 309 $ 0 $ 0 $ 0 $ 0 $ 925, 309 0 2024 $ 0 $ 1, 872, 403 $ 1, 872, 403 $ 0 $ 0 $ 0 $ 0 $ 1, 872, 403 2025 $ 2,41, 378 $ 2, 676, 559 $ 4, 917,37 $ 0 $ 0 $ 0 $ 2,41, 378 $ 2, 676, 559 2026 $ 2,92, 929 $ 3, 627, 251 $ 5, 920, 180 $ 0 $ 0 $ 0 $ 2,92, 929 $ 3, 627, 251 2027 $ 2, 338, 788 $ 4, 528,03 $ 6, 867, 291 $ 1, 964, 000 $ 1, 964, 000 $ 0 $ 374, 788 $ 4, 528,03 2028 $ 2, 385, 564 $ 5, 440, 346 $ 7, 825, 910 $ 1, 964, 000 $ 1, 964, 000 $ 0 $ 421, 564 $ 5, 440, 346 2029 $ 2, 433, 275 $ 6, 308, 478 $ 8, 741,52 $ 1, 962, 510 $ 1, 962, 510 $ 0 $ 470, 765 $ 6, 308, 478 2030 $ 2, 481, 940 $ 2, 972,91 $ 5, 454, 932 $ 1, 959,50 $ 1, 959,50 $ 0 $ 521, 990 $ 2, 972,91 2031 $ 2, 531,79 $ 3,69, 691 $ 5, 901, 270 $ 1, 960, 590 $ 1, 960, 590 $ 0 $ 570, 989 $ 3,69, 691 2032 $ 2, 582, 211 $ 3, 722, 560 $ 6, 304, 771 $ 1, 959,50 $ 1, 959,50 $ 0 $ 622, 261 $ 3, 722, 560 2033 $ 2, 633, 855 $ 2, 996, 423 $ 5, 630, 278 $ 1, 962, 300 $ 1, 962, 300 $ 0 $ 671, 555 $ 2, 996, 423 2034 $ 2, 686, 532 $ 3,07, 484 $ 5, 994, 016 $ 1, 963, 150 $ 1, 963, 150 $ 0 $ 723, 382 $ 3,07, 484 2035 $ 2, 740, 263 $ 3, 629,77 $ 6, 369, 940 $ 1, 962, 510 $ 1, 962, 510 $ 0 $ 777,53 $ 3, 629,77 2036 $ 2, 795, 068 $ 3, 934,45 $ 6, 730, 013 $ 1, 960, 380 $ 1, 960, 380 $ 0 $ 834, 688 $ 3, 934,45 2037 $ 2, 850, 969 $ 4, 239, 345 $ 7, 090, 315 $ 1, 961, 020 $ 1, 961, 020 $ 0 $ 889, 949 $ 4, 239, 345 2038 $ 2, 907,89 $ 4, 523, 757 $ 7, 431, 746 $ 1, 964, 210 $ 1, 964, 210 $ 0 $ 943, 779 $ 4, 523, 757 2039 $ 2, 966, 149 $ 4, 785, 808 $ 7,51, 957 $ 1, 961, 230 $ 1, 961, 230 $ 0 $ 1, 004, 919 $ 4, 785, 808 2040 $ 3, 025, 471 $ 5, 054, 333 $ 8, 079, 804 $ 1, 960, 800 $ 1, 960, 800 $ 0 $ 1, 064, 671 $ 5, 054, 333 2041 $ 3, 085, 981 $ 5, 359, 024 $ 8, 445, 005 $ 1, 962, 720 $ 1, 962, 720 $ 0 $ 1,23, 261 $ 5, 359, 024 2042 $ 3, 147, 701 $ 5, 658,76 $ 8,06, 376 $ 1, 962, 510 $ 1, 962, 510 $ 0 $ 1,85,91 $ 5, 658,76 2043 $ 3, 210, 655 $ 5, 970, 000 $ 9, 180, 655 $ 1, 960, 160 $ 1, 960, 160 $ 0 $ 1, 250, 495 $ 5, 970, 000 Prepared by LWA Page 1 of 2 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx 198
Table E- 1
Mossdale Tract: 2023 Financing Plan
Updated OAD and EIFD Financing Supporting Tables
Financing Revenues and Debt Service
Gross Available
Assessment
Year Revenues
1]
Gross
EIFD
Revenues
Table 1: EIFD
Revenue Analysis
Gross
Revenues for
Project &
Financing
Total
Debt Service
Assessment
Revenue
for Debt Service
EIFD Revenue
for Debt Service
2]
Net Assessment
Revenue for PayGo /
Services
Net EIFD Revenue
for PayGo & Future
Projects
2]
2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054
2055
2056
2057
2058
2059
2060
3, 274, 868
3,40,65
3, 407, 172
3, 475, 316
3, 544, 822
3, 615, 719
3, 688, 033
3, 761,94
3, 837, 029
3, 913, 770
3, 992, 045
4, 071, 886
4, 153, 324
4, 236, 391
0 0
0 2, 981, 349
3, 127, 815
3, 279, 684
3, 437, 147
3, 599, 387
3, 766, 514
3, 939, 727
4, 119, 240
4, 304, 851
4,94,00
4, 690, 744
4, 894, 121
5, 104, 345
5, 318, 043
5,35, 970
5, 761, 485
5, 994, 845
6, 256,16
6, 468, 180
6,86, 856
6, 912, 462
7, 144, 209
7, 382, 233
7, 627, 760
7, 881, 034
8, 141, 881
8, 408, 170
8, 682, 789
8, 966, 008
9, 257, 669
9, 554, 433
5,35, 970
5, 761, 485
5, 994, 845
1, 959,50
1, 961, 660
1, 960, 800
1, 961, 660
1, 964, 000
1, 963, 360
1, 964, 000
1, 961, 440
1, 964, 210
1, 963, 360
1, 963, 150
1, 963, 360
1, 963, 790
0 0
0 0
1, 959,50
1, 961, 660
1, 960, 800
1, 961, 660
1, 964, 000
1, 963, 360
1, 964, 000
1, 961, 440
1, 964, 210
1, 963, 360
1, 963, 150
1, 963, 360
1, 963, 790
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 1, 314, 918
1, 378, 705
1, 446, 372
1, 513, 656
1, 580, 822
1, 652, 359
1, 724, 033
1, 800, 354
1, 872,19
1, 950, 410
2, 028, 895
2, 108, 526
2, 189, 534
4, 236, 391
0 0
0 2, 981, 349
3, 127, 815
3, 279, 684
3, 437, 147
3, 599, 387
3, 766, 514
3, 939, 727
4, 119, 240
4, 304, 851
4,94,00
4, 690, 744
4, 894, 121
5, 104, 345
5, 318, 043
5,35, 970
5, 761, 485
5, 994, 845
Total 103, 650, 829 $159, 253,32 $262, 904, 061 $58, 866, 730 $ 58, 866, 730 0 $ 44, 784, 099 159, 253,32 1] Based on actual FY 2024/5 Assessment Levy plus an assumed 2% per year increase for consverative purposes. 2] Pay go Revenues from the EIFD are collected through 2034. The total amount of PayGo revenues needed to funding the 200 -Year Project total $ 45, 377, 677. No debt service is needed to be supported by EIFD revenues.
Prepared by LWA Page 2 of 2 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx 199
Sr, SAN JOAsWIN AREA
FLOOD CONTROL AGENCY
September 26, 2024
Mr. Chris Lief, Executive Officer
Central Valley Flood Protection Board
P. O. Box 942836
Sacramento, CA 94236
Via electronic mail: Chris. Liefacvflood. ca. 00v
ATTACHMENT
N
C
as
RE: 2023 Annual Report of Adequate Progress toward Urban Level of Flood Protection for the Mossdale Tract Area Reclamation District No. 17)
Dear Mr. Lief:
Senate Bill 5 ( SB5), and related companion bills, created a new requirement for certain land use decisions made by cities and counties in the California Central Valley. Prior to approving discretionary land use decisions for non- residential projects, and prior to approving ministerial land use decisions ( building permits) for new residential buildings in urban or urbanizing area, land use agencies are required to make a finding related to the provision of an Urban Level Flood Protection ( ULOP). Further, to ensure that these findings remain valid, the Local Flood Management Agency ( LFMA) is required to annually report to the Central Valley Flood Protection Board ( the Board) on the adequate progress being made toward ULOP.
As part of the reorganization of the San Joaquin Area Flood Control Agency ( SJAFCA) that took place in January 2018, SJAFCA assumed the role of LFMA for the Mossdale Tract Area. This is SJAFCA' ssixth year fulfilling the annual requirement to report on adequate progress toward ULOP for the Mossdale Tract Area. With this letter, SJAFCA respectfully transmits to the Board SJAFCA' sMossdale Tract Program: 2023 Annual Adequate Progress Update for ULOP Final Report dated September 3, 2024.
This report has been made publicly available and can be found on SJAFCA' swebsite at https:// www. siafca. oradrojects/ mossdale- tract
Please do not hesitate to contact me if you have any questions regarding our progress toward achieving ULOP for the Area.
Sincerely,
is Elias
Executive Director
San Joaquin Area Flood Control Agency
Enclosure: Mossdale Tract Program: 2023 Annual Adequate Progress Update for ULOP Final Report, September 3, 2024 CC: Brad Taylor, City Engineer, City of Lathrop ( via e-mail) Kevin Jorgensen, City Engineer, City of Manteca ( via e-mail) Mel Lytle, Director of Municipal Utilities Department, City of Stockton ( via e-mail) Fritz Buchman, Director Public Works, San Joaquin County ( via e- mail) CE: Ir
2800 West March Lane, Suite 200, Stockton, CA 95219
209) 299- 4200 ; www. sjafca. org
200
ITEM 4. 7
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PLANNING FEE WAIVER REQUEST BY
GLOBAL SEVA FOUNDATION ( TUP- 24- 131)
RECOMMENDATION: Adopt Resolution Waiving the Temporary Use Permit Application Processing and Document
Retention Fees for the Global Seva Foundation, in
the Combined Amount of $392
SUMMARY:
The Global Seva Foundation held their 2nd annual River Islands ( RI) / Lathrop Ganesh Utsav Festival event on Friday, September 6, 2024 through Sunday, September 8, 2024. The event took place outdoors just north of the River Islands Welcome Center along River Island Parkway and east of Somerston Parkway.
Global Seva Foundation submitted a letter requesting the City waive the Temporary Use Permit ( TUP) application processing fee of $ 382, and the document retention fee of $ 10 ($ 392) for the event ( Attachment 2) because they provided a community benefit by providing a platform to celebrate the Indian Festival for the community.
BACKGROUND:
The Global Seva Foundation is a 501( c)( 3) non- profit organization whose members believe that basic health care and education are the foundations on which people can improve their quality of life. As stated on their request letter for the fee waiver, the organization was formed to provide a platform to celebrate the Indian Festival to help bring the community together. Additionally, the organization partners with, and supports, other charitable organizations that share their values for the global community.
The Global Seva Foundation organization submitted a Temporary Use Permit application requesting that they be permitted to hold their 2nd annual RI/ Lathrop Ganesh Utsav Festival event within the City of Lathrop with the goal being able to bring the community together and create a space for people to get to know one another.
Last year, the City approved a TUP, permitting a similar event held at the same location. The City Council has approved similar requests from non- profit groups that sponsored events for the community.
201
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
GLOBAL SEVA FOUNDATION FEE WAIVER
PAGE 2
The City' s fee waiver policy allows for such waivers if the fee waiver supports a public benefit to the community, and the amount of the fee waiver is de- minimis in nature and is not subsidized by other facility fees. The $ 392, includes both application processing and document retention fees.
REASON FOR RECOMMENDATION:
Staff recommends the City Council adopt a resolution to waive the Temporary Use Permit Application and Document Retention Fees, and make findings that the fee waiver supports a public benefit to the community, and that the amount of the fee waiver is de- minimis in nature and is not subsidized by other facility fees.
FISCAL IMPACT:
The requested fee waiver is $ 392.
ATTACHMENTS:
1. Resolution Approving the Fee Waiver Request
2. Applicant Fee Waiver Request Letter
3. Event description w/ site plans for TUP- 24- 131
202
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
GLOBAL SEVA FOUNDATION FEE WAIVER
APPROVALS:
nt DaDalt
Associate Planner
Jyhes Michaels
Senior Planner
ck Ca at
Comm ity Development Director
Nti
Cari James
Finance Director
Salvador Navarrete
City Attorney
91A
1/ TOP/
Date
PAGE 3
4?/ Zozy
Date
Date
Date
to •?-2*
Stephen Salvatore Date
City Manager
203
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP WAIVING
THE TEMPORARY USE PERMIT APPLICATION PROCESSING AND DOCUMENT
RETENTION FEES FOR THE GLOBAL SEVA FOUNDATION IN THE COMBINED AMOUNT OF $ 392
WHEREAS, on October 14, 2024, the City Council of the City of Lathrop considered a request by the Global Seva Foundation to waive the $ 382 Temporary Use Permit Fee and the $ 10 Document Retention Fee; and WHEREAS, the event is the River Islands ( RI)/ Lathrop Ganesh Utsav Festival event which was held from Friday, September 6, 2024 through Sunday, September 8, 2024; and
WHEREAS, the City' s adopted fee waiver policy allows for such waivers when the City Council finds that the request provides a public benefit to the community, and that the amount of the request is de minimis in nature and is not subsidized from other facility fees.
NOW, THEREFORE, BE IT RESOLVED, the City Council finds that the request provides a public benefit to the community, and that the amount of the request is de minimis in nature and is not subsidized from other facility fees; and BE IT FURTHER RESOLVED, that in view of the direct public benefit provided by the Global Seva Foundation RI/ Lathrop Ganesh Utsav Festival event within the City of Lathrop, the City Council of the City of Lathrop does hereby waive the Temporary Use Permit Application Fee in the amount of $ 382 and Document Retention Fee in the amount of $ 10 for a total of $ 392.
Resolution No. 24-
204
PASSED AND ADOPTED this 14th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24-
205
ATTACHMENT" Z
A 501( C)( 3) Non - Profit Organization
EID # 92- 1488634
September 5, 2024
Subject: Request for Fee Waiver for the GSF RI/ Lathrop Ganesh Utsav 2023 Event To Whom it may concern:
Global Seva Foundation ( GSF) is a 501( C)( 3) Non -Profit organization is formed to provide a platform to celebrate India Festival " RI/ Lathrop Ganesh Utsav 2024 Event" to bring the community together. Community members will be able to socialize with each other during the event.
GSF is requesting for a Fee Waiver for the event. Thank you for your consideration and we eagerly wait for your favorable response.
Sincerely,
Chinnappa R Pasam
President, GSF
206
ATTACHMENT " 3 "
August 14, 2024
Attn: Trent Dadalt
Asst. Planner
City of Lathrop
RE: RI/ Lathrop Ganesh Utsav Additional Information
General Information on Ganesh Utsav aka Ganesh Chaturthi Ganesh Chaturthi or Vinayaka Chaturthi is the Hindu celebration of the birth of Lord Ganesh. His life represents prosperity, wisdom, and good fortune. The festival is marked with the installation of Ganesh' s clay idols
publicly on temporary stages. Observances include chanting of Vedic hymns and Hindu texts, such as prayers and vrata. The festival celebrates Ganesh as the God of New Beginnings and the Remover of Obstacles as well as the god of wisdom and intelligence and is observed throughout India. The festival is observed for 3 days.
Ganesh Chaturthi for the year 2024 is celebrated/ observed on Friday September 6th
Friday, Sept. 06th, 2024 — Start 5 PM — End 9 PM. Expected number of people ( Devotees) is 300.
Saturday, Sept. 07th, 2024 - Start 5PM — End 9 PM. Expected number of people ( Devotees) is 300.
Sunday, Sept 8th, 2024- Start 8AM- End 10AM. The expected number of people ( Devotees) is 100.
Pre -Cooked Food will be distributed on Friday and Saturday to the Devotee' s
attending the event. No sale of Food is allowed, and no stalls are planned for this event.
A temporary tent of 40' X 160' (We might reduce it to 40' X 100'), 20' X 40' for food and two separate stages of 16' x 16' and 20' X 16' will be erected by the contractor. The stage has steps and a ramp for ADA Compliance. 207
We plan to rent a generator for the event. We will have a microphone and couple of speakers.
We are planning to use the existing Porta-otties at the Welcome Center for this event. If additional units are required, we can rent them.
We are coordinating with the Police Department and Fire Department. We sent the application to both and will be going in -person to talk to them.
We are available to attend any City meeting to answer any questions.
Thanks
Chinnappa Reddy Pasam
GSF Founder Member
208
GSF
River
Islands
Residents
Ganesh
Utsav
Event
Site
Map
Garden
Farms
Ave"
Plumas
Dr
s
Pkwy..
r
Islands
Pkwy
NO
ENTRANCE FROM
SOMERSTON
AND
NO
EXIT
TO
SOMERSTON
GSF
River
Islands
Residents
Ganesh
Utsav
P ,
rking
Area
Right
in
Right
out
only
from
this driveway
Leg
end:
1)
Stage
1 2)
Stage
2 3) SittinglStanding
Area
4)
Water
St
ation 5)
2 Porta
Potties
6)
Trash
Bin
7)Parki
ng
Ar
ea
8) Not
an
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Entrance
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arking 10)
Entr
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and
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209
PAGE LEFT
INTENTIONALLY
BLANK
210
ITEM 4. 8
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PLANNING FEE WAIVER REQUEST BY
HOME CHURCH ( TUP- 24- 138)
RECOMMENDATION: Adopt Resolution Waiving the Temporary Use Permit Application Processing and Document
Retention Fees for Home Church, in the Combined
Amount of $ 392
SUMMARY:
Home Church will be hosting their annual " Love Our City Fall Fest" event on Saturday October 19, 2024 at their Lathrop location ( 17261 S. Manthey Road). The event will take place outdoors in the church parking lot, which includes rides & inflatables, booths and games.
Home Church has submitted a letter ( Attachment 2) requesting the City waive the Temporary Use Permit ( TUP) application processing fee of $ 382, and the document retention fee of $ 10 ($ 392) because they are providing a public benefit by hosting an event that is free for the community to attend.
BACKGROUND:
Home Church submitted a Temporary Use Permit application for their annual 2024 Fall Harvest event. The event included amenities for guests, included rides and inflatables as well as carnival booths, games, and pre-ackaged candy for kids of all ages. The event hours were from 4: 00 P. M. to 6: 00 P. M. This is a free event that provides activities for the community to participate in and enjoy.
Last year, the City approved a TUP, permitting a similar event held at the same location. The City has consistently approved various community events for Home Church ( formerly Thrive Church) since 2016. The City Council has approved similar requests from non- profit groups that sponsored events for the community. The 392, includes both application processing and document retention fees.
REASON FOR RECOMMENDATION:
Staff recommends the City Council adopt a resolution to waive the Temporary Use Permit Application and Document Retention Fees, and make findings that the fee waiver supports a public benefit to the community, and that the amount of the fee waiver is de- minimis in nature, and is not subsidized by other facility fees. 211
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
HOME CHURCH FEE WAIVER
FISCAL IMPACT:
The requested fee waiver is $ 392.
ATTACHMENTS:
1. Resolution Approving the Fee Waiver Request
2. Applicant Fee Waiver Request Letter
3. Event description w/ site plans for TUP- 24- 138
PAGE 2
212
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
HOME CHURCH FEE WAIVER
APPROVALS:
Associate Planner
es Michaels
Senior Planner
R7 kCag- .t
ommu ty Development Director
Cari James
Finance Director
Salvador Navarrete
City Attorney
PAGE 3
Date
q// 777dV- fr
9 DateDate
glozola4
Date
Date
0.7-ZL
Stephen Salvatore Date
City Manager
213
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO WAIVE
THE TEMPORARY USE PERMIT APPLICATION PROCESSING AND DOCUMENT RETENTION FEES FOR THE HOME CHURCH 2024 FALL HARVEST FESTIVAL EVENT IN THE COMBINED AMOUNT OF $ 392
WHEREAS, on October 14, 2024, the City Council of the City of Lathrop considered a request by Home Church to waive the $ 382 Temporary Use Permit Fee and the $ 10 Document Retention Fee for one ( 1) event that will be held on October 19, 2024 at the Home Church location in Lathrop; and
WHEREAS, the Home Church has planned and organized community events annually and has provided the citizens of Lathrop and neighboring areas a place to celebrate the fall season.
NOW, THEREFORE, BE IT RESOLVED, that the City Council finds that this request provides a public benefit to the community, and that the amount of the request is de minimis in nature and not subsidized from other facility fees; and BE IT FURTHER RESOLVED, that in view of the direct public benefit provided by the Home Church Fall Harvest Festival event within the City of Lathrop, the City Council of the City of Lathrop does hereby waive the Temporary Use Permit Application Fee in the amount of $ 382 and Document Retention Fee in the amount of $ 10 for a total of $ 392.
Resolution No. 24-
214
PASSED AND ADOPTED this 14th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24-
215
ATTACHMENT " z "
August 19, 2024
City of Lathrop — Community Development Department
Planning Division
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Waiver Request
To Whom it may concern,
This letter is to request a fee waiver for the Love Our City: Fall Fest at Home Church in Lathrop on October 19th, 2024 from 4: 00pm — 6: OOpm.
Home Church would like to formally ask that the inspection fee be waived for the following reasons:
We are a non- profit organization providing an event open to the people of Lathrop.
This event will be free of charge for all who attend.
This event will be a safe gathering for families looking to celebrate the Fall season with fun and games.
Thank you for your consideration and we eagerly wait for your response.
Sincerely,
U-- Si)
Teresa M. Coronado
Home Church Executive Administrator
RECEIVED
AU6 28 2024
CITY OF LATHROP
COMMUNITY DEVELOPMENT
DEPARTMENT
216
11 LF
MEMO
TO: City of Lathrop Public Works
FROM: Home Church in Lathrop
DATE: August 19th, 2024
OBJECTIVE:
To procure TUP for Love Our City Fall Fest, October 19, 2024 ATTACHMENT "` 3
August 19, 2024
EVENT PROFILE:
On October 19th, 2024, Home Church will be hosting a Harvest Festival free of charge for the community ofLathrop. Families looking for a safe environment to celebrate the Fall season will find multiple booths provided with games and pre-ackaged candy for children of all ages. Booths and games will be inaccessible to any vehicle traffic to ensure the safety of all those attending and participating. Home Church anticipates up to 1600 attendants throughout the evening from 4: 00p. m. — 6: 00p. m. with the safety team and staff to ensure the fun and safety of this event.
PROGRAM INFORMATION:
Saturday, October 19th, 2024 4: 00p. m. — 6: 00p. m.
Home church
17261 S. Manthey Rd.
Lathrop, CA 95330
EVENT PLANNER:
Teresa Coronado / Administrator
Home Church
501c3 Non -Profit, Tax ID #050281956
E:
M:
Teresaa
209- 888- 4626
homechurchlathrop. com
TRAFFIC PLAN:
Booths and games will be sectioned off by cones with security to enforce the boundaries to see that no vehicles pass through during this event. All common area parking spaces ( with approval of neighbors) will be open to the public along with 14 handicapped spaces sectioned with signs. Staff and safety team will be present to control the flow of traffic.
Thank you for your time, dedication, and support in helping Home Church ensure a safe and compliant event this 2024. We anticipate your response.
Sine lY,
Teresa M. Coronado / Home Church Executive Administrator
RECEIVED
AUG 28 2024
CITY OF LATHROP
COMMUNITY DEVELOPMENT
DEPARTMENT
217
IIIIIIIIIIL
RECEIVED AUG
28 2024
CITY
OF
LATHROP
MUNITY COM
MENT DEVELOP MENT DEPART
218
ITEM 4. 9
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PARTICIPATION IN THE SAN JOAQUIN
REGIONAL HOUSING FUND
RECOMMENDATION: Adopt a Resolution Approving Participation in the San Joaquin Regional Housing Fund Administered by
the San Joaquin Council of Governments Board of
Directors
SUMMARY:
The San Joaquin Council of Governments ( SJCOG) is requesting each member agency adopt a resolution committing to participate in the governance and operation of the San Joaquin Regional Housing Fund ( RHF). The RHF will be administered by SJCOG Board of Directors with the intent to improve housing production in the county and to leverage state and federal funding opportunities.
BACKGROUND:
On October 26, 2003, SJCOG Board of Directors approved the creation of a 501 ( c)( 3) non- profit corporation to implement a regional housing trust fund and to develop and submit required documents to the appropriate state and federal agencies. Now known as the San Joaquin Regional Housing Fund, the creation of this regional entity is intended as a tool to accelerate housing production, boost current local housing activities, and leverage various state and federal funding opportunities. SJCOG Board of Directors will serve as the Board of the RHF.
SJCOG is requesting each member agency adopt a resolution committing to participate in the governance and operation of the RHF. Having an RHF with all member agencies participating would increase the ability to leverage resources for a project locally. Member agencies must express their commitment to participate in the RHF
HCD)
to
definition
meet the
of
California
a regional
Department
housing trust
of Housing
fund to be
and
eligible
Community
to apply
Development' s
for matching
funds when a notice of funding is released.
Although participation in the fund at this time does not require an initial funding commitment, SJCOG will continue its efforts to meet with member agencies, philanthropic organizations, and stakeholders to confirm details of their participation and potential funding to be dedicated to the trust fund. It' s important to note that housing funds are usually not the primary funding source for affordable housing.
Instead, these funds are often used as " gap financing" to fill the void between housing costs and available financing.
219
CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
SAN JOAQUIN REGIONAL HOUSING FUND
RECOMMENDATION:
PAGE 2
Staff recommends that the City Council consider all information provided and submitted, and if determined to be appropriate, adopt a resolution to participate in the San Joaquin Regional Housing Fund administered by the San Joaquin Council of Governments Board of Directors.
FISCAL IMPACT:
At this time, there is no fiscal impact with the City of Lathrop' sinvolvement in the Regional Housing Fund.
ATTACHMENTS:
1. City Council Resolution Participating in the San Joaquin County Regional Housing Fund.
220
CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
SAN JOAQUIN REGIONAL HOUSING FUND
APPROVALS:
PAGE 3
Ri Cagu D e
ommuni
Cari Jame
Finance D
Development Director
9/ SA9c: zyDate
S, 2. 0zy
Salvador Navarrete Date
City Attorney
4• to 2q
Step n J. Salvatore Date
City Manager
221
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING PARTICIPATION IN THE SAN JOAQUIN REGIONAL HOUSING
FUND ADMINISTERED BY SAN JOAQUIN COUNCIL OF GOVERNMENTS ON
BEHALF OF THE SAN JOAQUIN COUNTY MEMBER AGENCIES
WHEREAS, on October 26, 2023, the San Joaquin Council of Governments SJCOG") authorized SJCOG staff to form a non- profit public benefit corporation as an eligible regional housing trust fund applicant for available funding and matching grants to expand sources of funding for housing as described in the Guidelines adopted by the California Department of Housing and Community Development in accordance with California Health and Safety Code sections 50842. 1et seq.; and WHEREAS, the San Joaquin Regional Housing Fund ( the " Fund") was formed and established in March 2024; and
WHEREAS, the Fund' s board of directors will be the SJCOG Board of Directors, and will carry out the responsibility for the Fund' s governance and
administration of the funds allocated and establishing necessary procedures to fulfill the Fund' s
purpose; and
WHEREAS, the specific purpose of the Fund shall be to provide planning, financing, and other services to increase housing opportunities for extremely low-, very low-, low- and moderate -income households ( including individuals experiencing homelessness) to obtain decent, safe, and sanitary affordable rental and ownership housing throughout San Joaquin County, California; and WHEREAS, the Fund intends to fulfill its purpose through collaboration with local municipal, county and other jurisdictions, as well as the private and philanthropic sectors ( collectively referred to as " Collaborators"); and WHEREAS, Collaborators and the Fund will assist in the provision of such planning, services and financing, leveraging and participating in local, state, federal, and private financing programs that assist extremely low-, very low-, low - and moderate - income households ( including individuals experiencing homelessness) in obtaining such affordable housing; and WHEREAS, the Fund intends to also engage in other charitable and educational activities associated with this goal as allowed by law; and WHEREAS, SJCOG and participating member agencies, will conduct planning and implementation activities that will accelerate housing production and housing - related initiatives.
Resolution No. 24-
222
NOW, THEREFORE, BE IT RESOLVED, that the City of Lathrop:
Section 1. Agrees that any City of Lathrop participation in any application made by the San Joaquin Regional Housing Fund for available funds will be in a manner consistent with the relevant funding source requirements, public or private, the most current Guidelines adopted by the California Department of Housing and Community Development, when applicable, and San Joaquin Regional Housing Fund requirements; and
Section 2. Commits to providing City of Lathrop documentation for completed projects that were funded in cooperation with the San Joaquin Housing Fund and other deliverables in a manner consistent with the California Department of Housing and Community Development, or other applicable fund source, and San Joaquin Regional Housing Fund requirements; and
Section 3. Agrees that prior to participating in any funding or project in coordination
legislative body
with
shall
the
consider
San Joaquin
for approval
Regional
a
Housing Fund the City of Lathrop' s
cooperative agreement between the
San Joaquin Regional Housing Fund and the City of Lathrop.
Resolution No. 24-
223
The foregoing resolution was passed and adopted this 14th day of October, 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
Resolution No. 24-
224
ITEM 4. 10
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASE OF PROJECT MANAGEMENT
SOFTWARE AND SUPPORT SERVICES FROM EC
AMERICA AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve the Purchase of Project Management Software and Support Services from EC
America and Approve Budget Amendment
SUMMARY:
As the City continues to develop at a rapid pace, the management of project construction data becomes more important to maintain efficient construction as well as maintain accessible documentation in cloud storage. To provide the needed management and storage of construction data for Development and Capital Improvement Projects ( CIPs), staff desires to purchase Procore project management software subscription ( Procore) and technical support services from EC America, Inc.
EC America).
Staff requested and received a California Multiple Award Schedule ( CMAS) quote for the purchase of a 12 month Procore software subscription and technical support hours from EC America for a cost of $92,15. 70, as shown in Attachment " B".
Staff requests City Council approve the purchase of a 12 month Procore software subscription and technical support services from EC America for a total cost of 92,15. 70. Staff also requests that City Council approve a budget amendment in the amount of $ 92,16 as detailed in the Fiscal Impact Section of this report.
BACKGROUND:
Procore is utilized by many agencies and construction and engineering firms to manage and store construction documents and data for projects of all sizes and complexity. Examples of documents and processes this software manages include Requests for Information ( RFIs), photos, product submittals and drawings. Financial management tools for documents such as Contract Change Orders ( CCOs) and budget analyses are also included. City staff currently utilize Procore for River Islands projects and the Police Property & Evidence Building, CIP GG 21- 13, and are therefore familiar with the Project.
This software will help City staff manage construction oversight processes and a large volume of documents for the Consolidated Treatment Facility Phase 3 Expansion, CIP WW 22- 38, which started in early September 2024, as well as various other projects throughout the City, including the Public Works Administration Building, Animal Center and Community Center.
The proposed purchase includes a 12 month subscription to Project, Financial and Invoice Management tools and 115 hours of technical support services and training 225
CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF PROJECT MANAGEMENT SOFTWARE AND SUPPORT
SERVICES FROM EC AMERICA AND APPROVE BUDGET AMENDMENT
from the vendor' s
support staff. The cost of future subscriptions is not included in this request, and would be funded through biennial budget appropriations.
Staff requested and received a quote from EC America for a Procore software subscription and technical support services, as shown in Attachment " B". Since this quote is provided from a CMAS vendor at CMAS pricing, no additional quotes are needed pursuant to Lathrop Municipal Code 2. 36. 110D.
REASON FOR RECOMMENDATION:
The purchase of a Procore software license will provide staff the tools to efficiently manage the construction processes and documents for current and upcoming CIPs.
The technical support services will provide staff with training, software updates and consultation for customization of services.
FISCAL IMPACT:
The purchase of the EC America product listed in Attachment " B" has a cost of 92,15. 70. Staff requests City Council also approve a budget amendment in the amount of $92,16 as detailed below:
Increase Expenditures
2020- 5- 03- 420- 58- 00 (Support) $ 26, 895. 21
2020- 5- 03- 45- 10- 0 (Subscription) $ 66, 020. 49
The cost of future subscriptions is not included in this request and would be funded through biennial budget appropriations.
ATTACHMENTS:
A. Resolution Approving the Purchase of EC America, Inc. Product and Approving Budget Amendment
B. Quote - EC America, Inc.
226
Brad aylor
City ngineer
CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF PROJECT MANAGEMENT SOFTWARE AND SUPPORT
SERVICES FROM EC AMERICA AND APPROVE BUDGET AMENDMENT
APPROVALS:
o. ; 24
Steven Hollenbeak Date
Assistant Engineer
to —es --9ba4
Ken Reed Date
Senior Construction Manager
0/ 7/ 202q
Date
andes Date
Information Systems Director
Cari Ja
Finance D ector
0/ 7/ 26
Date
1c • 7. zcz. y
Michael King Date
Assistant City Manager
D_?, z-y
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
227
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE PURCHASE OF PROJECT MANAGEMENT SOFTWARE AND SUPPORT
SERVICES AND APPROVE BUDGET AMENDMENT
WHEREAS, the City desires to purchase a Procore software subscription Procore) and technical support services from EC America, Inc. (EC America) for the tracking and management of construction data for Capital Improvement Projects CIPs); and
WHEREAS, Procore would be immediately utilized to document construction of Consolidated Treatment Facility Phase 3 Expansion, CIP WW 22- 38, and also used for many future CIPs; and
WHEREAS, pursuant to Lathrop Municipal Code 2. 36. 110D, staff requested and received a quote through California Multiple Award Schedule ( CMAS) for Procore from EC America, which is attached to the City Manager' sReport that accompanied this resolution; and
WHEREAS, the quote includes a 12 month subscription to Project, Financial and Invoice Management tools and 115 hours of technical support services and training from the vendor' ssupport staff; and
WHEREAS, up to 115 hours of technical support services across five categories are also included in the proposed quote; and WHEREAS, staff requests City Council approve the purchase of Procore from EC America for a total cost of $ 92,15. 70; and
WHEREAS, staff requests that City Council also approve a budget amendment in the amount of $ 92,16 as detailed below.
Increase Expenditures
2020- 5- 03- 420- 58- 00 (Support)
2020- 5- 03- 45- 10- 0 (Subscription)
26, 895. 21
66, 020. 49
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the purchase of Procore and technical support services from EC America, Inc. for an amount of $ 92,15. 70 as shown in Attachment " B" of the City Manager' sReport that accompanied this resolution; and BE IT FURTHER RESOLVED, that City Council of the City of Lathrop does hereby approve a budget amendment as detailed above.
228
The foregoing resolution was passed and adopted this 14th day of October 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 229
ATTACHMENT B
EC America, Inc.
a subsidiary of ® immixGroup
Ken Reed
City of Lathrop
PH: (209) 712- 3136
kreed@ci. lathrop. ca. us
Quote Number:
Quote Date:
Expiration Date:
QUO- 1485458- T2W2B4
9/ 24/024
10/ 24/024
Manufacturer Quote #:
Manufacturer Ref #:
Start Date: 10/7/ 24
Term: 12 months
Project Cap: 20
ACV: 40M
SOW included below
Sales Quotation
Contract No.: 3- 18- 70- 1448C
CAGE Code: 1QTH6
DUNS No.: 01- 757- 3259
TAX ID#: 52- 2085893
Terms: Prepaid
FOB: Destination
Order Address:
EC America
8444 Westpark Drive, Suite 200
McLean, VA 22102
PH: 703-52- 0610 FX: 703-52- 0611
EC America Contact:
1 770- 615- 2468
Strane, Logan
Locian. Strane@immixgroup. com
Manufacturer Contact:
916- 770- 5856
Corah, Tyler
tyler. corah@procore. com
Item Part Number Contract Trans
Type Product Description " Qty Prise Extended
Pryer
1 PRO -1410- 06 3- 18- 70- 1448C SUB Project Management Pro: provides Project Overview, Documentation, and Communication Management
tools, including Directory, Reports, Documents,
Drawings, Photos, RFIs, Specifications, Submittals,
and Punchlist. Pricing is maximum price for ACV from
25M -** TRUSTED PRODUCT **
1 37, 776. 6583 37, 776. 6E
2 PRO - 1430- 06 3- 18- 70- 1448C SUB Project Financials: provides Financial Management tools, including Direct Costs, Change Events,
Commitments, Change Orders, Prime Contract, and
Budget. Pricing is maximum price for ACV from $ 25M -
50M.** TRUSTED PRODUCT **
1 18, 266. 0621 18, 266. 0E
3 PRO - 1600- 06 3- 18- 70- 1448C SUB Invoice Management** TRUSTED PRODUCT ** 1 9,77. 7666 9,77. 7 4 PRO -2800 3- 18- 70- 1448C SVC Custom Statements of Work** TRUSTED PRODUCT ** 115 233. 8714 26, 895. 21 SUBSCRIPTION $ 66, 020. 49
SERVICES $ 26, 895. 21
Grand Total $ 92,15. 70
All Pricing information is confidential Paae 1 of 2
Quote # QUO- 1485458- T2W2B4
230
List of Services Included: Unlimited customer support, unlimited user licensing, unlimited storage in the cloud, implementation manager Construction Volume: Construction Volume means the aggregate dollar value of the construction work performed or put in place for all distinct projects for which Customer utilizes the Subscription Services identified with Customer' s Procore account( s) during the Subscription Term identified on this Order.
Subject to the Terms and Conditions of Contract Number 3- 18- 70- 1448C.
Taxes: Sales tax shall be added at the time of an invoice, unless a copy of a valid tax exemption or resale certificate is provided.
All Purchase Orders must include: End User Name, Phone Number, Email Address, Purchase Order Number, Government Contract Number, Our Quote Number, Part Numbers, Bill -To and Ship - To Address ( Cannot ship to a PO Box), Period of Performance (if applicable), and a Signature of a duly Authorized Representative.
The identified line items are Trusted Products under the immixGroup Trusted Supplier Program. immixGroup Trusted Supplier Program Policies, Commitments and Guarantees/ Warranties can be obtained at:
http:// www. immixgroup. com/ uploadedFiles/ Trusted- Supplier- Program_ Guarantee- and- Warranty. pdf All Pricing information is confidential Page 2 of 2Quote # QUO- 1485458- T2W2B4 231
232
OVERVIEW
Date: Jul 22, 2024
Procore Technologies, Inc., (Procore) a Delaware corporation, having its principal place of business at 6309 Carpinteria Avenue Carpinteria, CA 93013, is pleased to present this Statement of Work (" SOW") for Procore Customer:
City of Lathrop ( Customer) having its address at 390 Town Center Parkway Lathrop, CA 95330.
Customer has chosen to implement Procore' sProject Management Pro, Project Financials, and Invoice Management products. To streamline the implementation and rollout of Procore for Customer projects in North America, Customer and Procore agree to the following scope of services by Procore:
This SOW includes access to Project Management Services, Virtual Consulting Services, Virtual Training Services, and Custom Solutions Services.
These services benefit the Customer in the following ways:
Project Management Services ensure a consistent point of contact throughout the implementation to manage the successful execution of service project scope.
Virtual Consulting Services provide guidance and best practices, for product as well as business processes, in order to successfully execute project scope.
Virtual Training Services to drive successful adoption of customer Stand Operating Procedures SOPs).
Custom Solution Services allow for PDF and workflow standardization across the organization.
This SOW also includes access to Remote Administration Services ( RAS) provided to the Customer. These Administration Services will assist with various account setup tasks and ongoing Procore administration.
These services benefit the Customer in the following ways:
Help with accurate tracking of open project items, risks, and subsequent resolutions Assist with company and project set up to help expedite implementation and time to fast value Help provide flexibility by freeing resource hours and redirecting towards other business priorities Provide an option to customers that choose to outsource administrative tasks procore. com 12
233
SCOPE OF WORK
PROJECT MANAGEMENT SERVICES
Procore will provide one ( 1) Project Manager ( PM) to provide up to fifty ( 50) hours of Project Management efforts. The Customer will identify lead Procore administrators within the Customer organization who will have direct access to the designated PM.
Project Management Services may include:
Coordination, planning, and managing the execution of all services contained within this statement of work
Monitoring SOW services usage and managing changes to scope related to available hours and jointly ( customer/ Procore) defined schedule milestones Providing recurring project status updates, monitoring the health of the project, identifying and communicating project risk, and managing implementation success criteria Developing an implementation plan based on customer objectives Providing strategy and consultation expertise on rollout and training best practices, when in scope Once the Implementation phase is complete, the Customer will transition to one ( 1) Customer Success Manager ( CSM) who will be the main point of contact for Customer post -implementation.
CONSULTING SERVICES
Procore will provide up to forty ( 40) additional hours of Virtual Consulting Services to be used for assistance with rolling out Procore. For purposes of clarity, Consulting Services are separate from Project Management.
Consulting Services are typically led by Strategic Product Consultants. Procore Consulting Services may be leveraged for any of the following:
Scheduled virtual consulting sessions, which may include:
Procore led discovery intended to surface a customer' s business outcomes, processes and strategy
Advisement on recommended processes per the customer' s processes, goals and products
Consultative guidance on best practices, configuration settings, permissions based on desired business process and outcomes
General Q&A with Customer' sProcore Committee or individual project teams.
Review and guidance on customer drafted SOPs in a Procore provided template.
In addition the Consulting Services may provide the following services:
Coordination, planning, and research in support of process or project requirements.
VIRTUAL TRAINING SERVICES
Procore will provide Customer up to ten (10) hours of virtual training led by a Strategic Product Consultant. As part of the Virtual Training allotment of hours, up to two ( 2) hours may be used for planning and follow up.
Virtual Training will be delivered in increments of 2 or more hours at a time.
Training Services may include:
Scheduled virtual training sessions may include:
procore. com 3
234
Customized agendas based on Customer' s desired training format, audience, process and tool priorities.
o Virtual train -the -trainer sessions on customer' s Procore configuration, business process, and standard operating procedure.
c General Q&A with Customer' sinternal team.
In addition Training Services may provide:
c Coordination, planning, and setup in support of process or project requirements.
Training Services do not include:
Training on business processes not included in consultation services.
Data entry or other user -facing general setup functions.
Staff augmentation.
Configuration or changes to custom forms, tools, or workflows.
CUSTOM SOLUTIONS
Procore will provide up to five ( 5) hours for custom form and workflow development. These services will be provided by the Custom Solutions team and include customizing PDF item outputs for select Procore tool( s).
Additional hours may be purchased as needed.
Any and all intellectual property and/ ortechnology (" IP") that is created in connection with this SOW by Procore shall be deemed " Services" as defined in the Agreement and owned solely by Procore. Procore hereby grants Customer the non- exclusive right to use any custom forms, tools and workflows solely for its internal business purposes during the term of the Agreement.
REMOTE ADMINISTRATION SERVICES
Procore will provide up to ten (10) hours of Remote Administration Services (" Administration Services") to assist with configuring and administering Procore for the Customer organization, as well as populating data within Procore projects and tools. Customer may use Administration Services hours purchased to address any of the tasks listed below. Additional hours may be purchased as needed for the following tasks:
Company Level Setup/ Configuration Services
Project Level Setup/ Configuration Services
Project Level Data Population Services
Remote Administration Services do not include:
Training or consultation
Development of standard operating procedures
Procore Analytics implementation/ configuration
Budget forecasting
Data exports/ extractions
Modification to, interaction with, and/ or extraction from systems other than Procore Data Migration
Custom Solutions generated Custom Workflows
Training and Certification Center management
Data entry or import, except for, and limited to the data imports specifically identified above.
Any other Services not explicitly identified in this SOW procore. com 4
235
CUSTOMER ADMINISTRATION SERVICES REQUIREMENTS
In order to successfully complete Customer' sAdministration Services work requests, Customer will:
Provide access for the approved Procore administrators to engage Customer' sProcore account as a Company Admin" role.
Make appropriate personnel available to assist Procore in the timely performance of its responsibilities.
Provide written instructions to Procore personnel for any Procore Administration Services to be conducted.
Obtain and provide applicable information, data, consents, or decisions within the Customer' s organization in a
timely manner as required by Procore to perform the Administration Services.
Make the accurate data, materials, and resources available in a timely manner for the execution of
the Administration Services.
Limit the access to Customer systems, Customer information contained in such systems, and Customer' s service providers to only that which is necessary for performance of the Administration Services, provided that in no event will Procore will incur any liability with respect to its access to such systems, providers, or data.
Be responsible for providing timely responses to any needed clarifications on the scope of work to be delivered.
Review and approve all configuration changes and data entered by Procore personnel in Customer' s account; in no event will Procore be responsible for approved configuration changes and data entered at the direction of Customer.
Should these responsibilities be unable to be met by Customer, Procore reserves the right to amend the Project schedule or terminate the associated SOW without refund of any fees to Customer.
In order to best support customers, Remote Administration Services are delivered by Procore using resources located throughout the world. Customer acknowledges and agrees that Procore may transfer and process Customer Data to and in the United States and anywhere else in the world where Procore, its affiliates, or its subprocessors maintain data processing operations.
procore. com 5
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SUMMARY OF SERVICES
ONE- TIME SERVICES
Project Management
Services
Consulting Services
Ongoing access to Project Manager.
Includes Project Management efforts and Project 50 PRO -2800 Administration.
Virtual Consulting focused on Procore best
practices.
40 PRO -2800
Virtual end -user Training. Includes up to 2 hours of
Training Services planning, and follow up. Training will be delivered in 10 PRO -2800 increments of 2 -hours or more.
Remote
Administration
Services
Custom Solutions
Total
Inclusions and exclusions for Remote Admin
Services are outlined above.
Generation of custom forms within specific Procore
tool( s)
10 PRO -2800
5 PRO -2800
115
The above breakdown of cost allocation represents our best estimate of resource effort per service type. This breakdown may be revised by Customer and Procore' s mutual agreement should service needs change during the course of the implementation. For calls or meetings that require more than one ( 1) Procore resource, hours will draw against the relevant bank of hours per resource.
Services shall remain valid for twelve ( 12) months from the Service Start Date. However, Customer' sexpected project timeline is six (6) months from the project kickoff call and/ or mutually agreed upon project start date the " Project Start Date"). The Project Start Date shall be no more than thirty ( 30) days from the Service Start Date.
ADD- ONSERVICES
Services in addition to those included in this Statement of Work are available upon request for a fee and are not included in this scope.
GENERAL CUSTOMER REQUIREMENTS AND DEPENDENCIES, APPLICABLE TO ALL SERVICES Customer Resources
procore. com 6
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Customer will identify a Procore Committee who will be responsible for the success of Procore within the Customer' s organization. The Procore Committee will consist of:
1. An Executive Sponsor who serves as the directly accountable individual for the success of Procore.
Responsibilities of the Executive Sponsor include but are not limited to:
a. Reviewing Implementation Progress Reports Generated by the Procore Project Manager. b. Attending Business Reviews conducted by the Procore Customer Success Manager. c. Acting as final Decision Maker should the Procore Committee be unable to reach general consensus
d. Acting as escalation contact for risk
2. Procore Admin( s) who serves as the key stakeholder( s) for the rollout of Procore at Customer' s organization. Responsibilities of the Procore Admin( s) included but are not limited to:
a. Actively participating in the implementation process by attending consultations and solidifying standard operating procedures
b. Act as the main point of contact for training questions from Customer employees and escalate issues to Procore Project Manager, if needed
c. Completing assigned tasks via the Project Plan
d. Complete Procore Certifications
3. Procore Advisors who provide input and feedback on Customer - specific processes.
Customer Partnership
The Customer is an active participant in the implementation from the beginning of the process in order to facilitate the delivery of the Services in this scope of work. Customer personnel must be available as needed to complete the project Alignment meeting, discuss requirements, attend consultations and training, develop interfaces, perform system testing,
Procore Admins will have overall
and send communication to third parties and internal staff. Customer' s responsibility finalizing design decisions within the Customer organization. If Customer resources are not available as needed, or there are organizational changes, it will negatively impact the delivery of services included in this Statement of Work. The Customer resource time commitment will vary based on the complexity of the requirements and desired timeline.
The Customer will be responsible for the following, if applicable to Services purchased:
System Configuration: The customer will be responsible for configuring Procore based upon consultation call outcomes unless otherwise specified in this Statement of Work via Remote Administration Services
Standard Operating Procedures: The Customer will be responsible for writing Standard Operating Procedures ( SOPs) to support the internal users and their interactions with Procore application unless otherwise specified in this Statement of Work.
Data Import: The Customer will be responsible for loading all data into the Procore system via the Procore user interface or Procore imports tool unless otherwise specified in this Statement of work via Remote Administration Services.
Standard Reports: The Customer will be responsible for identifying the standard reports that are applicable to their business needs and run these reports during the testing phase of the project.
API Integrations: The customer is responsible for building any API integrations into Procore.
Middleware programs and API calls will be managed and written by the customer unless otherwise specified in this SOW.
LEGAL TERMS AND CONDITIONS
This SOW is also governed by the Procore Subscription and Services Agreement (" Agreement"), as well as the Procore Data Protection Addendum (" DPA"), as executed by Customer. Customer acknowledges and agrees that Procore may transfer and process data to and in the United States and anywhere else in the world where Procore, its Affiliates, or its Subprocessors maintain data processing operations. Subject to the terms of the DPA, Procore may appoint additional Subprocessors as described in this SOW beyond those Subprocessors designated in the DPA if required to provide the services described herein. procore. com 7
238
ITEM 4. 11
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVAL OF TASK ORDER NO. 12 WITH
CRANE TRANSPORTATION GROUP FOR THE
PREPARATION OF THE 2024 TRAFFIC
MONITORING PROGRAM AND ANALYSIS AND
RELATED BUDGET AMENDMENT
Adopt Resolution to Approve Task Order No. 12
with Crane Transportation Group for the
Preparation of the 2024 Traffic Monitoring
Program and Analysis, Pursuant to Master
Consulting Agreement dated June 11, 2018
and Related Budget Amendment
SUMMARY:
Development agreements and Environmental Impact Reports for development projects require that each developer participate and fund the Traffic Monitoring Program ( TMP). The TMP monitors roadway conditions, projects future roadway congestion, and schedules roadway improvements to keep traffic flow at an acceptable level. On June 11, 2018, City Council approved a Master Professional Services Consulting Agreement with Crane Transportation Group ( CTG) for traffic analysis.
Staff recommends City Council approve Task Order No. 12 in the amount of $190, 965 with CTG, to provide the 2024 Traffic Monitoring Program and evaluate citywide 2024, 2026, and 2028 projected traffic conditions. The services provided by CTG will be fully funded by developers. Staff requests City Council also approve a budget amendment to fund ( 2020) Land Development Engineering.
BACKGROUND:
Development agreements and Environmental Impact Reports for development projects require that each developer participate and fund the TMP. The TMP monitors roadway conditions, projects future roadway congestion, and schedules roadway improvements to keep traffic flow at an acceptable level.
The TMP establishes performance standards and details how operations of the roadway system are to be monitored as well as how to schedule improvements to avoid the roadway system from falling below the acceptable standards of operation.
Developers are required to fund the TMP on a continuing basis until all required traffic improvements have been completed or the development is complete. 239
CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL OF TASK ORDER NO. 12 WITH CRANE TRANSPORTATION GROUP FOR THE PREPARATION OF THE 2024 TRAFFIC MONITORING PROGRAM AND
ANALYSIS AND RELATED BUDGET AMENDMENT
The last TMP was prepared in 2022, and due to the significant increase in development, the TMP needs to be updated. Below is an overview of the proposed services by CTG for the preparation of the 2024 Traffic Monitoring Program and Analysis:
Citywide Traffic Count Operations - This includes traffic counts and turning movements at the City' s major intersections. It also includes counts on major roadway segments including freeway interchanges. These are required to establish a baseline for all automotive and truck activities. The traffic counts support the preparation of the TMP as well as the General Plan Circulation Element update and supporting General Plan Environmental Impact Report.
Year 2024 Citywide Traffic Monitoring Program Study - The TMP analyzes and documents traffic impacts under existing conditions and projects future traffic conditions while taking into consideration proposed/ planned land use developments and planned circulation system improvements. With this information, CTG will identify significant impacts and mitigations to prevent any traffic congestion above the acceptable levels.
Below is a summary of approved task orders to date:
Task Order No. Date Approved Work Scope Description
1, 2 07/ 11/8
Traffic Count and Traffic Monitoring
Program
3 08/1/ 18 Phelan Gateway Site Circulation
4 09/ 11/9 CFT NV Development Site Circulation
5 07/9/ 20 River Islands Phase 2 Traffic Analysis
6 07/8/ 20
Environmental Impact Report ( EIR) Traffic
Analysis Review
7 10/1/ 20
2022 Traffic Monitoring Program and
Analysis
8 4/ 26/2 River Islands Town Center Traffic Analysis
9 4/ 26/2 Speed Surveys in River Islands
Development
10 8/ 22 Additional 2022 Traffic Monitoring Program
11 7/ 14/ 23 Chik- Fil- ATraffic Analysis
REASON FOR RECOMMENDATION:
Professional services are needed to complete a full 2024 TMP study. The last study was completed in 2022, however, due the increase in development of residential, commercial, and industrial projects, an update is required to determine whether any current or future improvements will be required to keep the level of traffic flow at a satisfactory level.
240
CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL OF TASK ORDER NO. 12 WITH CRANE TRANSPORTATION GROUP FOR THE PREPARATION OF THE 2024 TRAFFIC MONITORING PROGRAM AND
ANALYSIS AND RELATED BUDGET AMENDMENT
FISCAL IMPACT:
The cost of Crane Transportation Group Task Order No. 12 is not to exceed $ 190, 965 and will be fully funded by developers.
Staff request City Council approve a budget amendment as follows:
Increase Revenue
2020- 5- 04- 31- 02-5 $190, 965
Increase Appropriations
2020- 5- 04- 420- 01- $190, 965
ATTACHMENTS:
A. Resolution Approving Task Order No. 12 with Crane Transportation Group for the Preparation of the 2024 Traffic Monitoring Program and Analysis, Pursuant to Master Consulting Agreement dated June 11, 2018 and Related Budget Amendment
B. Task Order No. 12 Pursuant to Master Consulting Agreement dated June 11, 2018 with Crane Transportation Group for the Preparation of the 2024 Traffic Monitoring Program and Analysis
241
CITY MANAGER' S REPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL OF TASK ORDER NO. 12 WITH CRANE TRANSPORTATION GROUP FOR THE PREPARATION OF THE 2024 TRAFFIC MONITORING PROGRAM AND
ANALYSIS AND RELATED BUDGET AMENDMENT
APPROVALS:
Brad aylor
City Engineer
Cari Jame•'
Finance Di e tor
a( /26/02y
Date
loI3Iaoat.
Date
Michael King Date
Assistant City Manager
z6, • zozy
Salvador Navarrete Date
City Attorney
Stephen Salvatore
City Manager
Date
242
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE TASK ORDER NO. 12 WITH CRANE TRANSPORTATION GROUP FOR THE PREPARATION OF THE 2024 TRAFFIC MONITORING PROGRAM AND
ANALYSIS, PURSUANT TO MASTER CONSULTING AGREEMENT DATED JUNE 11, 2018 AND RELATED BUDGET AMENDMENT
WHEREAS, Development Agreements and Environmental Impact Reports for development projects require that each developer participate and fund the Traffic Monitoring Program ( TMP). The TMP monitors roadway conditions, projects future roadway congestion, and schedules roadway improvements to keep traffic congestion at an acceptable level; and
WHEREAS, the TMP establishes performance standards and details how operations of the roadway system are to be monitored as well as how to schedule improvements to avoid the roadway system from falling below the acceptable standards of operation; and
WHEREAS, developers are required to fund the TMP on a continuing basis until all required traffic improvements have been completed. Professional services are needed to complete a full 2024 TMP study. The last study was completed in 2022, however, due the increase in development of residential, commercial, and industrial projects, an update is required to determine if any current or future improvements will be required to keep the level of traffic congestion at a satisfactory level; and WHEREAS, on June 11, 2018, City Council approved a Master Professional Services Consulting Agreement with Crane Transportation Group ( CTG) for traffic analysis; and
WHEREAS, below is an overview of the proposed services by CTG for the preparation of the 2024 Traffic Monitoring Program and Analysis:
Citywide Traffic Count Operations - This includes traffic counts and turning movements at the City' s major intersections. It also includes counts on major roadway segments including freeway interchanges. These are required to establish a baseline for all automotive and truck activities. The traffic counts support the preparation of the TMP as well as the General Plan Circulation Element update and supporting General Plan Environmental Impact Report; and
Year 2024 Citywide Traffic Monitoring Program Study - The TMP analyzes and documents traffic impacts under existing conditions and projects future traffic conditions while taking into consideration proposed/ planned land use developments and planned circulation system improvements. With this information, CTG will identify significant impacts and mitigations to prevent any traffic congestion above the acceptable levels; and 243
WHEREAS, the cost of Task Order No. 12 is not to exceed $ 190, 965 and will be fully funded by developers. The costs for these services will only be paid if the revenue has been received; and
WHEREAS, staff request City Council approve a budget amendment to fund 2020) Land Development Engineering in the amount of $ 190, 965as follows.
Increase Revenue
2020- 5- 04- 31- 02-5 $190, 965
Increase Appropriations
2020- 5- 04- 420- 01- $190, 965
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 12 with Crane Transportation Group for the preparation of the 2024 Traffic Monitoring Program and Analysis, pursuant to Master Consulting Agreement dated June 11, 2018; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby authorizes a budget amendment to ( 2020) Land Development Engineering as detailed above.
244
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of October 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 245
ATTACHMENT
ta w
CITY OF LATHROP
TASK ORDER NO. 12
PURSUANT TO MASTER CONSULTING AGREEMENT DATED JUNE 11,
2018 WITH CRANE TRANSPORTATION GROUP FOR TRAFFIC
MONITORING AND ANALYSIS
FOR THE PREPARATION OF THE 2024 TRAFFIC MONITORING PROGRAM
AND ANALYSIS
THIS TASK ORDER NO. 12 dated for convenience this 14th day of October 2024, is by and made and entered into by and between Crane Transportation Group (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, on June 11, 2018, CONSULTANT entered into a Master Agreement AGREEMENT") with the CITY, by which the CONSULTANT has agreed to provide Specialized Traffic Analysis Services for the City of Lathrop. The City Council authorized the execution of the AGREEMENT and with CONSULTANT, pursuant to Resolution 18- 4404; and WHEREAS, CONSULTANT is specially trained, experienced, and competent for the Preparation of the 2024 Traffic Monitoring Program and Analysis, which are required by this agreement;
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation Of Master Agreement
This Task Order hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services for this project, unless specifically modified by this Task Order.
2) Scope of Service
CONSULTANT agrees for the Preparation of the 2024 Traffic Monitoring Program and Analysis in accordance with the scope of work and fee proposal provided in Exhibit "A" to this Task Order. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' Ssatisfaction.
3) Effective Date and Term
The effective date of this Task Order No. 12 is October 14, 2024, and it shall terminate no later than June 30, 2025.
246
CITY OF LATHROP — TASK ORDER NO. 12 WITH CRANE TRANSPORTATION - FOR THE PREPARATION OF THE 2024 TRAFFIC MONITORING PROGRAM AND ANALYSIS 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any terms and conditions of this agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in this Task Order No. 12 to the City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges detailed in Exhibit " A" up to a total sum not to exceed $ 190, 965. 00 for the Preparation of the 2024 Traffic Monitoring Program and Analysis. CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 in the Master Consulting Agreement Dated June 11, 2018.
6) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services rendered prior to issuance of the Notice to Proceed.
7) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
247
CITY OF LATHROP — TASK ORDER NO. 12 WITH CRANE TRANSPORTATION - FOR THE PREPARATION OF THE 2024 TRAFFIC MONITORING PROGRAM AND ANALYSIS Approved as to Form:
Recommended for Approval:
Approved by:
CONSULTANT:
City of Lathrop
City Attorney
Salvador Navarrete Date
City of Lathrop
City Engineer
Brad Taylor Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Crane Transportation Group
2621 East Windrim Court
Elk Grove, CA 95758- 7479
Fed ID # 19- 5404405
Bus License # 20144
Signature Date
Mark D. Crane
President
248
EXHIBIT " A "
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TRAFFIC MONITORING PROGRAM ( TMP)
EVALUATING CITYWIDE 2024, 2026 & 2028
TRAFFIC CONDITIONS
STUDY CONTAINING FALL 2024 TRAFFIC COUNTS WITH
2026 & 2028 TRAFFIC PROJECTIONS, TRIP GENERATION &
DISTRIBUTION PROJECTIONS FOR ALL NEW DEVELOPMENT EXPECTED BY THE END OF 2026 & 2028,
TRAFFIC OPERATIONS ANALYSIS FOR ALL 3 HORIZON YEARS, IMPACT &
MITIGATION DETERMINATION & REPORT PREPARATION
PROPOSAL
September 11, 2024
Prepared for:
Prepared by:
CITY OF LATHROP
PUBLIC WORKS DEPARTMENT
Attn: Brad Taylor, P. E., City Engineer
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7438
Brad Taylor < btaylor@ci. lathrop. ca. us>
CRANE TRANSPORTATION GROUP
Mark D. Crane, TE/ CE, President
California Registered Traffic Engineer (# 1381)
2621 East Windrim Court
Elk Grove, CA 95758
916) 647- 3406
Mark Crane < cranetransgroup@gmail. com>
249
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TRAFFIC MONITORING PROGRAM ( TMP)
EVALUATING CITYWIDE 2024, 2026 & 2028
TRAFFIC CONDITIONS
STUDY CONTAINING FALL 2024 TRAFFIC COUNTS WITH
2026 & 2028 TRAFFIC PROJECTIONS, TRIP GENERATION &
DISTRIBUTION PROJECTIONS FOR ALL NEW DEVELOPMENT EXPECTED BY THE END OF 2026 & 2028,
TRAFFIC OPERATIONS ANALYSIS FOR ALL 3 HORIZON YEARS, IMPACT
MITIGATION DETERMINATION & REPORT PREPARATION
PROPOSAL
September 11
WORK TASKS
PROJECT INITIATION
Two meetings will be conducted with City of Lathrop staff to finalize details about circulation system locations selected for analysis as well as future land uses and expected roadway improvements.
II. EXISTING CONDITION SURVEYS
A. INTERSECTION TRAFFIC COUNT LOCATIONS - MID WEEK
7: 00- 9:0 AM AND 3: 00- 6:0 PM ( SEE FIGURE 1)
City Staff has determined that the following list of intersections will be counted.
It should be noted that not all count locations will be evaluated for Level of Service or delay. Rather, same are being surveyed just to assist in providing a correct picture of vehicle flow along crowded corridors.
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 1 of 11 250
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TMP Proposal
September 11, 2024
B. INTERSECTION AUTO & TRUCK TURN MOVEMENT COUNTS
7: 00- 9:0AM & 3: 00- 6:0 PM - SEE FIGURE 1)
1. Roth Road/ Mnthey Road
2. Roth Road/ I-5 SB Ramps
3. Roth Road/ I-5 NB Ramps
4. Roth Road/ Hrlan Road
5. Roth Road/ McKinley Avenue
6. Roth Road/ Sharp Army Depot Entrance*
7. Roth Road/ Intermodal Facility Entrance*
8. Harlan Rd/ Stonebridge Lane
9. Lathrop Road - Spartan Way/ Golden Valley Parkway
10. Lathrop Road/ Mnthey Road
11. Lathrop Road/ I-5SB Ramps
12. Lathrop Road/ I-5 NB Ramps
13. Lathrop Road/ Old Harlan Road*
14. Lathrop Road/ Convenience Store Driveway/ Chevron Driveway*
15. Lathrop Road/ New Harlan Road
16. Lathrop Road/ 5th Street/ Woodfield Avenue
17. Lathrop Road/ McKinley Avenue
18. Spartan Way/ Stanford Crossing
19. Golden Valley Parkway/ Locomotive St.
20. Barbara Terry Boulevard/ Stanford Crossing*
21. Golden Valley Parkway/ Stanford Crossing
22. Golden Valley Parkway/ Faber Drive
23. River Islands Parkway/ McKee Boulevard
24. River Islands Parkway/ Golden Valley Parkway
25. River Islands Parkway/ Target Mall*
26. River Islands Parkway/ I-5 SB Ramps
27. Louise Avenue/ I-5NB Ramps
28. Louise Avenue/ Arco/ Shell Driveways*
29. Louise Avenue/ Old Harlan Road*
30. Louise Avenue/ Jack in the Box Driveway*
31. Louise Avenue/ Hampton Inn Driveway*
32. Louise Avenue/ Tru by Hilton Driveway/ A&WDriveway*
33. Louise Avenue/ Quiznos MaII/ Carl' sJr. Driveway*
34. Louise Avenue/ New Harlan Road
35. Louise Avenue/ Cambridge Drive
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 2 of 11 251
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TMP Proposal
September 11, 2024
36. Louise Avenue/ 5th Street - Howland Road
37. Louise Avenue/ McKinley Avenue
38. Golden Valley Parkway/ Marketplace
39. Golden Valley Parkway/ Towne Centre Drive
40. Golden Valley Parkway/ Brookhurst Boulevard
41. Golden Valley Parkway/ Sadler Oak Dr.
42. Harlan Rd/ D' Arcy Parkway
43. D' Arcy Parkway/ Murphy Parkway
44. Yosemite Avenue/ McKinley Avenue
45. Yosemite Avenue/ D' Arcy Parkway
46. Yosemite Avenue/ SR 120 WB Ramps
47. Yosemite Avenue/ SR120 EB Ramps
48. Yosemite Avenue/ Glacier Road
49. Mossdale Road/ I-5 NB Ramps
50. Manthey Road/ I-5 SB Ramps
51. River Islands Parkway/ Dell' Osso Drive
52. River Islands Parkway/ Somerston Parkway
53. River Islands Parkway/ Islanders Way
54. Somerston Parkway/ Marina Drive
55. Somerston Parkway/ Academy Drive
56. Somerston Parkway/ Lakeside Drive
57. Lakeside Drive/ Commercial Street
58. Manthey Road/ Stewart Road
59. MacArthur Blvd./ West Arbor Avenue
60. West Arbor Drive/ Paradise Road
61. MacArthur Blvd./ I-205 WB Ramps
62. MacArthur Blvd./ I-205 EB Ramps
63. McKinley Avenue/ SR 120 WB Ramps
64. McKinley Avenue/ SR 120 EB Ramps
65. Harlan Road/ Slate St.*
66. Manthey Road/ Dos Reis Rd.
67. Spartan Way/ Lathrop H. S. East Driveway
68. Spartan Way/ Central Pacific Street - H. S. Driveway
69. Spartan Way/ H. S. Central Driveway
70. Spartan Way/ H. S. West Driveway
71. Louise Avenue/ Bizzibe Street
No operations analysis will be conducted at these locations.
Counts will encompass times of peak traffic activity associated with commuters and Lathrop High School.
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 3 of 11 252
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TMP Proposal
September 11, 2024
C. FREEWAY COUNT LOCATIONS ( AM & PM PEAK HOURS OF
SURFACE STREET SYSTEM) FROM CALTRANS PeMS COUNT
PROGRAM ON DAY OF INTERSECTION COUNTS
1- 5 just north of the Roth Road interchange
1- 5 Between Roth Road and Lathrop Road interchanges
1-5 Between Lathrop Road and Louise Avenue interchanges 1-5 between the Louise Avenue interchange and SR 120
SR 120 just west of the Yosemite Avenue interchange
1- 205 just west of its interchange with 1-5
1- 5 just south of 1- 205 interchange
The westbound SR 120 to northbound 1-5 connector ramp
The southbound 1- 5 to eastbound SR 120 connector ramp
D. 1-5 FREEWAY OFF RAMP QUEUING SURVEYS ( 7: 00 - 9: 00 AM 3: 00 - 6: 00 PM ON DAY OF INTERSECTION COUNTS - SEE
FIGURE 2)
Roth Road, Lathrop Road and Louise Avenue/ River Island Parkway Interchanges.
See Figure 3
E. RIVER ISLANDS ACCESS ROADS COUNT LOCATIONS
72 HOUR DIRECTIONAL VOLUMES - SEE FIGURE 3)
Paradise Road between Old River and River Islands Parkway River Islands Parkway at the San Joaquin River Bridge
Stewart Road north of Manthey Road
F. TRAFFIC COUNT COMPANY
All counts will be conducted by IDAX Data Solutions ( IDAX), who have previously conducted counts for the last two TMP studies. All counts will be recorded, with a copy of the recordings provided to the City of Lathrop on hard drive.
G. FIELD REVIEW BY REGISTERED TRAFFIC ENGINEER
Mark D. Crane (TE/ CE) will field review the Lathrop Circulation System during all five traffic count hours.
This will include both the City- wide commute peaks and the Lathrop High School traffic peaks.
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 4 of 11 253
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TMP Proposal
September 11, 2024
III. DATA ANALYSIS & PRESENTATION
A. ANALYSIS LOCATIONS
Intersection analysis locations are presented in Section II - B and do not include those intersections marked with an asterisk. All intersections marked with an asterisk are locations where traffic count information will only be used to optimize traffic flow projections.
B. INTERSECTION PEAK HOUR TURN MOVEMENT COUNTS
An AM and PM commute peak hour set of turn movement counts will be developed for all analysis intersections. While it is very probable that the specific peak traffic hours during the morning and afternoon commute periods will vary by corridor and/ or by individual intersections, this evaluation will result in in one set of AM and PM peak hour turn movement counts that reflect peak traffic activity at most or all intersections that will be used as the basis for all existing commute peak hour operational analysis. In addition, the City Staff has also requested evaluation of the Lathrop High School AM and PM peak traffic hours on the streets providing access to High School. These peak hours will also be determined and a separate system of counts developed presenting peak High School traffic times.
C. FREEWAY OFF -RAMP QUEUING
Queuing on the 1- 5 off -ramps at Roth Road, Lathrop Road and Louise Avenue/ River Islands Parkway will be presented for the AM and PM commute peak traffic hours as well as other hours that may have longer queues.
D. DAILY/ HOURLY DIRECTIONAL COUNTS ON RIVER ISLANDS
3 -ACCESS ROUTES
Three days of 24 -hour counts will be presented for River Islands Parkway at its crossing of the San Joaquin River, for Stewart Road just west of Manthey Road and for Paradise Road at the west end of River Islands.
These counts will be used to determine regional roadway network distribution patterns for new River Islands development.
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 5 of 11 254
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TMP Proposal
September 11, 2024
E. FREEWAY VOLUMES
Caltrans freeway volumes ( auto & truck) will be presented for the AM and PM commute peak hours on all three freeways within Lathrop for the same day as the intersection counts.
F. PRESENTATION
Weekday AM and PM peak hour turn movement volumes will be presented on figures.
Freeway directional volumes for the survey day will be presented on figures.
Roadway directional hourly volumes at the entrances to River Islands ( for the three survey days) will be presented in tabular form. 1-5 off -ramp queues will be presented on figures.
IV. EVALUATION PROCEDURES
A. OPERATIONS ANALYSIS
The following operations information will be determined for both existing ( Fall 2024) as well as 2026 & 2028 analysis horizons:
Level of Service and delay using the Synchro- 12software program -- all intersections in Section II - B.
95th percentile off -ramp vehicle queuing projections using the Synchro- 12 software: 1-5 interchanges with Roth Road/ Lathrop Road/ Louise Avenue - River Islands Parkway
Peak hour Caltrans signal warrant analysis.
V. EXISTING CONDITIONS ANALYSIS
A. IDENTIFY ALL LOCATIONS WITH EXISTING ( FALL 2024)
UNACCEPTABLE OPERATION & REQUIRED IMPROVEMENTS
All locations with unacceptable intersection Level of Service, unacceptable 95th percentile queuing and unsignalized intersections meeting signal warrant criteria will be identified.
Improvements will be recommended to mitigate all unacceptable operation for those locations not programmed for improvement by 2026.
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 6 of 11 255
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TMP Proposal
September 11, 2024
VI. FUTURE CONDITIONS ANALYSIS
A. HORIZON YEARS
2026
2028
B. PROPOSED LAND USE DEVELOPMENT
Lathrop City Staff will provide detailed information regarding all development in the cities of Lathrop, Manteca and Tracy as well as San Joaquin County that should be included in the traffic projections for the two future years. This will also include any new schools or expected changes in the number of students at existing schools as well as increased activity in existing industrial or warehousing/ distribution facilities.
One land use scenario will be studied for each of the two horizon years. City Staff will obtain traffic studies from Manteca, Tracy and San Joaquin County for projects in these jurisdictions potentially contributing a significant amount of traffic to the Lathrop roadway system.
C. PLANNED CIRCULATION SYSTEM IMPROVEMENTS
Lathrop City Staff will provide a list of any circulation system improvements to be considered in place for each horizon year, including any additional lanes to be provided along local freeways.
D. FUTURE PROJECT TRIP GENERATION
Peak hour trip generation projections for all proposed land uses within Lathrop will be developed using trip rates from the Institute of Transportation Engineers ( ITE) Trip Generation Manual, 11th Edition (2021), or from traffic studies conducted for specific developments. Please note that the existing significant amount of construction worker traffic associated with the River Islands development will be assumed on the circulation system in 2026 and 2028.
Trip generation from all developments within Manteca, Tracy and San Joaquin County will be obtained from studies conducted for these proposed developments. Lathrop City Staff will be required to obtain copies of these studies. If no studies are available, trip generation and distribution projections will be developed using the most recent ITE trip generation rates. Projections for small non -Lathrop developments will be completed as part of the proposed Scope. Projections for larger developments will be considered extra work.
E. NON -PROJECT TRAFFIC REDISTRIBUTION DUE TO CIRCULATION
SYSTEM IMPROVEMENTS
AM & PM peak commute hour volumes will be redistributed based upon new roadways and interchange improvements projected to be in operation by City Staff for each horizon year.
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 7 of 11 256
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TMP Proposal
September 11, 2024
F. FUTURE PROJECT TRIP DISTRIBUTION
Traffic from new development within Lathrop will be distributed to the local roadway network based upon distribution patterns from the existing counts as well as input from the new Lathrop Traffic Model. Traffic distribution patterns will be obtained from a variety of Traffic Analysis Zones ( TAZs) that were developed by Fehr & Peers ( F&P) as part of the City' srecent General Plan Update Year 2040 traffic projections. TAZs selected reflect a variety of land uses at locations throughout the City. The cost for obtaining this data is included in the base Scope, as F&P will be a subconsultant to Crane Transportation Group. Trip distribution will take into account all new roadways and interchanges projected to be in operation by each horizon year. Projections for small non -Lathrop developments will be completed as part of the proposed Scope. Projections for larger developments outside Lathrop without traffic studies will be considered extra work.
Traffic from new development in Manteca, Tracy or San Joaquin County without a traffic study will be distributed to the Lathrop street network based upon data from available studies in these jurisdictions.
G. FUTURE TRAFFIC PROJECTIONS
Year 2026 and 2028 AM and PM peak hour turn movement increments at each analysis intersection due to new development will be determined for each specific plan area in the City ( Central Lathrop, Mossdale, River Islands, South Lathrop, remainder of City) as well as for City of Manteca, City of Tracy and San Joaquin County developments.
Total volume increments will then be determined for each horizon year.
Please note that operating conditions during Lathrop High School peak traffic times will only be evaluated for " Existing" conditions.
H. FUTURE OPERATIONS ANALYSIS
Year 2026 AM and PM peak hour Level of Service will be determined at all analysis intersections listed in Section III -A, while 95th percentile queuing will be determined for those off -ramps listed in Scope item III -C. Peak hour signal warrant evaluation will also be conducted at all unsignalized intersections.
Year 2028 AM and PM peak hour Level of Service will be determined at all analysis intersections listed in Section III -A, while 95th percentile queuing will be determined for those off -ramps listed in Scope item I II - C. Peak hour signal warrant evaluation will also be conducted at all unsignalized intersections.
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CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TMP Proposal
September 11, 2024
VII. SIGNIFICANT IMPACTS
YEAR 2026 A determination will be made of all locations projected to experience unacceptable peak hour Level of Service or 95th percentile queuing. Unsignalized intersections with peak hour volumes above Caltrans peak hour Warrant criteria levels will also be listed. The percent contribution in net new traffic from all Specific Plan areas in the City will be determined at all locations with unacceptable operation.
YEAR 2028 A determination will be made of all locations projected to experience unacceptable peak hour Level of Service or 95th percentile queuing. Unsignalized intersections with peak hour volumes above Caltrans peak hour Warrant criteria levels will also be listed. The percent contribution in net new traffic from all Specific Plan areas in the City will be determined at all locations with unacceptable operation.
VIII. IMPROVEMENTS
YEAR 2026 Improvements will be recommended to bring all unacceptable peak hour Level of Service or queuing back to acceptable operation as well as an all -way stop or signal for all unsignalized intersections with volumes exceeding signal warrant criteria. Measures will be discussed with City Public Works staff to assure that only mitigations are recommended that can realistically be constructed.
YEAR 2028 Improvements will be recommended to bring all unacceptable peak hour Level of Service or queuing back to acceptable operation as well as an all -way stop or signal for all unsignalized intersections with volumes exceeding signal warrant criteria. Measures will be discussed with City Public Works staff to assure that only mitigations are recommended that can realistically be constructed.
IX. MEETINGS
Two meetings will be conducted with City Staff during the course of the project (in addition to the two meetings held to develop the scope of work).
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 9 of 11 258
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TMP Proposal
September 11, 2024
X. REPORTS
DRAFT REPORT A draft report will be prepared and E - Mailed to City Staff for review.
FINAL REPORT A final report will be prepared after incorporation of all agreed -to changes in the Draft Report and E -Mailed to the City.
TECHNICAL APPENDIX All Level of Service/ queuing worksheets can be E - Mailed to the City.
XI. PUBLIC HEARING ATTENDANCE
Attendance will be made by Mark D. Crane, TE/ CE at one public hearing.
Please note: All work products will be to a planning level of detail only, and not to a design level of detail.
WHAT IS NOT INCLUDED IN THIS SCOPE BUT
COULD BE ADDED FOR ADDITIONAL COST WITH
WRITTEN AUTHORIZATION
1. Attendance at more than one public hearing;
2. Evaluation of any additional locations not specified in the above Scope;
3. Production of hard copy reports;
4. Attendance at any additional meetings beyond those listed in the Scope;
5. Any trip generation/ distribution analysis for major projects in Lathrop, Manteca, Tracy or San Joaquin County that have not had a traffic impact report prepared;
6. Responses to Caltrans, Manteca, Tracy, San Joaquin County or public comments;.
7. 1-5, SR 120 or SR 205 freeway mainline analysis or freeway ramp - mainline merge/ divrge analysis;
8. SIM traffic evaluation of surface street vehicle queuing at freeway interchanges;
9. Evaluation of intersection operation during the peak traffic hours associated with Lathrop High School for 2026 or 2028.
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 10 of 11 259
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TMP Proposal
September 11, 2024
COST OF SERVICES & CONDITIONS OF PAYMENT
The Crane Transportation Group' sabove Scope of Services will be completed for the fee presented in Table 1. Any work beyond the above Scope or attendance at any additional meetings will be billed on a time -and -materials basis ( with prior approval) or will be subject to a contract addendum. Billing will be sent by CTG on a monthly basis with payment due to CTG within 30 days receipt of our billing. Any late payments to CTG will be subject to a 1% per month ( 12% annual) compound interest charge plus a late fee of $ 70 per month ( until the invoice is fully paid) plus any administrative and legal charges required to collect the late payments. In addition, all work will stop if payments are in arrears. Cost estimates are good for a 30 -day time period from the date on our proposal. If, for any reason, work on the project is stopped for longer than a three- month period, CTG reserves the right to increase its budget a minimum of 10% for associated administrative and refamiliarization costs with the restart of the project.
TIME OF SERVICES
A Draft Traffic Study will be completed within 50 working days after receipt of signed authorization to proceed, conduct and receipt of all needed traffic counts and receipt of all needed information from Fehr & Peers and Lathrop City Staff. Time of completion estimates are good for a 14 -day time period from the date on our proposal.
We thank you for the opportunity to submit this proposal and look forward to working with you on this project.
Mark D. Crane, TE/ CE, President
Crane Transportation Group
Attachments:
1. Table 1- City of Lathrop 2024 Lathrop TMP
2. Figure 1- 2024 Lathrop TMP Count Locations
3. Figure 2 - Lathrop TMP- 2024 Freeway Offramp - Queue Measurement Locations
4. Figure 3 - River Islands Access Routes Traffic Count Locations ( River Islands Parkway, Stewart Road Paradise Road)
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 11 of 11 260
CRANE TRANSPORTATION GROUP
CITY OF LATHROP
2024 TRAFFIC MONITORING PROGRAM ( TMP)
EVALUATING CITYWIDE 2024, 2026, 2028 TRAFFIC CONDITIONS TABLE 1
COST ALLOCATION BY TASK
TASK DESCRIPTION COST
1 Startup meetings with City + figures of potential analysis locations 4, 190 2 Field review of AM/ PM traffic conditions + figures of intersection Geos 12, 440 3 Set up traffic counts & queuing surveys ( 78 intersections, roads & ramps) 1, 060 4 Intersection and road traffic counts + off -ramp queue surveys ( IDAX) 28, 025 5 Review of raw count data 6,30
6 Preparation of AM & PM existing commute peak hour traffic volume system @ all locations 4, 570 7 Preparation of existing traffic volumes in vicinity of Lathrop High School during times of peak High School traffic 1, 770 8 Preparation of Lathrop area freeway system AM & PM commute peak hour volumes using Caltrans freeway counts 1, 770 9 Existing AM & PM commute peak hour intersection & off -ramp queuing operating conditions + signal warrants 12, 540 10 Existing AM & PM Lathrop High School peak hour traffic localized intersection operating conditions 2, 880 11 Traffic Distribution Patterns from various Lathrop Traffic Analysis Zones ( as developed for the General Plan traffic model - Fehr & Peers)
12, 500
12 Trip generation & distribution projections for net new development expected by the end of 2026. Also includes impacts due to new circulation system improvements
17, 070
13 Trip generation & distribution projections for net new development expected in 2027 & 2028. Also includes impacts due to new circulation system improvements planned in 2027 & 2028 18, 660
14 Year 2026 AM & PM commute peak hour intersection & freeway off -ramp operating conditions + signal warrants 8, 920 15 Year 2028 AM & PM commute peak hour intersection & freeway off -ramp operating conditions + signal warrants 9,20 16 Existing AM & PM commute peak hour determination of unacceptable operation 2, 160 17 Existing AM & PM High School peak hour determination of unacceptable operation 1, 080 18 Existing AM & PM commute peak hour required improvements 2, 600 19 Existing AM & PM High School peak hour required improvements 1, 560 20 Year 2026 Determination of unacceptable AM & PM commute peak hour operation 3, 060 21 Year 2026 required improvements 3, 200
22 Year 2028 Determination of unacceptable AM & PM commute peak hour operation 3, 410 23 Year 2028 required improvements 3, 740
24 Two meetings with City Staff during project 2, 910
25 Draft & Final Report 22, 060
26 One public hearing attendance 2,40
Cost Without Counts 162, 940
Counts 28, 025
TOTAL COST 190, 965
CTG September 11, 2024 - City of Lathrop 2024 TMP Proposal Page 1 of 1 261
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ITEM 4. 12
CITY MANAGER' SREPORT
OCTOBER 14, 2024, CITY COUNCIL REGULAR MEETING
ITEM: APPROVE REIMBURSEMENT AGREEMENT FOR THE
MURPHY PARKWAY EXTENSION IMPROVEMENTS
WITHIN THE CROSSROADS AREA AND ADJUSTMENT
TO THE GASB 34 REPORT ASSOCIATED WITH EP NO.
2020- 41
RECOMMENDATION: Adopt a Resolution Approving a Reimbursement Agreement for Design and Construction of the
Murphy Parkway Extension within the Crossroads
Area with Prologis, Inc. and an Adjustment to the
GASB 34 Report Associated with Encroachment
Permit No. 2020- 41
SUMMARY:
Duke Realty, the developer for the warehouse located at 16825 Murphy Parkway, was required to design and construct the Murphy Parkway extension to provide additional access to the site and future access to neighboring parcels. The work was completed under Encroachment Permit No. 2020- 41 (EP 2020- 41). City Council accepted the improvements associated with EP 2020- 41 and a GASB 34 Report was adopted to represent the value of the improvements at that time. Prologis, Inc.
Prologis) notified the City that they acquired all rights and obligations of Duke Realty pertaining to this property.
There are a number of parcels that benefit from the improvements designed and constructed by Duke Realty. Consequently, Prologis is eligible for reimbursement from these benefiting property owners. The proposed reimbursement agreement allows the City to collect a proportionate share of the reimbursement amount from each benefiting property owner upon the future development of the benefiting properties.
After Council acceptance of improvements, the developer recognized additional costs associated with the improvements not included in the original GASB 34 Report. These costs include engineering, design, change orders, permitting, and other soft costs.
To ensure the City' s asset records are accurate, staff is requesting City Council approve the adjusted GASB 34 Report value.
Staff recommends that City Council adopt a resolution approving the proposed reimbursement agreement with Prologis, Inc. and the adjustment to the GASB 34 Report associated with EP 2020- 41.
BACKGROUND:
On June 15, 2016, the City of Lathrop Community Development Department approved Development Plan No. 16- 49 (DP 16- 49) for the construction of a 382, 72 265
CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE REIMBURSEMENT AGREEMENT FOR THE MURPHY PARKWAY
EXTENSION IMPROVEMENTS WITHIN THE CROSSROADS AREA AND
ADJUSTMENT TO THE GASB 34 REPORT ASSOCIATED WITH EP NO. 2020- 41 square foot building in the Commercial Highway Zone, which included approximately 32, 000 square feet of retail commercial on site supported by onsite warehousing, on an 18. 70 -acre site located within the Crossroads Commerce Center.
On June 12, 2020, the City of Lathrop Community Development Department approved the Minor Site Plan Review No. 20- 57 (MSPR 20- 57) to authorize the construction of a new 346, 80 square foot warehouse building on an approximately 20 - acre site. The MSPR 20- 57 modified the existing approval for DP 16- 49 (LBA North).
The Conditions of Approval associated with MSPR 20- 57 required the installation of frontage improvements along Murphy Parkway and Harlan Road, including paving, landscaping, fencing, lighting, curb, gutter, and sidewalk. On August 8, 2022, City Council accepted the frontage improvements, including the Murphy Parkway extension from Duke Realty, and authorized staff to release the performance bond.
Prologis notified the City that they acquired all rights and obligations of Duke Realty pertaining to this property.
The Murphy Parkway extension is eligible for partial reimbursement from the parcels that benefit from the improvements. The total cost for the design and construction of the Murphy Parkway extension was $ 934, 453, which was paid by the developer, as shown in Attachment " B". These costs are to be shared by the benefiting property owners as shown in Attachment " C". Prologis' sfair share is $ 282, 608 (non - reimbursable costs), while the remaining $ 651, 485 is reimbursable as the fair share of the properties listed in Attachment " D" as determined by the City Engineer pursuant to Lathrop Municipal Code 3. 22. 060. Benefiting property owners are to pay their fair share as a condition of future development and prior to permit issuance.
After acceptance, the developer, recognized additional costs associated with the improvements that were not included in the original GASB 34 Report. These costs include engineering, design, change orders, permitting, and other soft costs. Council is provided this opportunity to approve the adjusted GASB 34 Report value to ensure that the City' s asset records are accurate.
REASON FOR RECOMMENDATION:
Staff recommends that City Council approve the adjusted GASB 34 Report and the reimbursement agreement ( 2710-01- 1543) between Prologis and the City to begin the process of establishing a mechanism for Prologis to be reimbursed by other benefitting property owners.
FISCAL IMPACT:
None.
266
CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE REIMBURSEMENT AGREEMENT FOR THE MURPHY PARKWAY
EXTENSION IMPROVEMENTS WITHIN THE CROSSROADS AREA AND
ADJUSTMENT TO THE GASB 34 REPORT ASSOCIATED WITH EP NO. 2020- 41 ATTACHMENT:
A. Resolution of the City Council of the City of Lathrop Approving a Reimbursement Agreement for Design and Construction of the Murphy Parkway Extension within the Crossroads Area with Prologis, Inc. and an Adjustment to the GASB 34 Report Associated with Encroachment Permit No. 2020- 41
B. Adjusted GASB 34 Report Amount
C. Area Depiction of Benefitting Properties
D. Proportionate Share Breakdown of Benefitting Properties E. Public Infrastructure Reimbursement Agreement with Prologis, Inc. for Murphy Parkway Extension
267
CITY MANAGER' S REPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE REIMBURSEMENT AGREEMENT FOR THE MURPHY PARKWAY
EXTENSION IMPROVEMENTS WITHIN THE CROSSROADS AREA AND
ADJUSTMENT TO THE GASB 34 REPORT ASSOCIATED WITH EP NO. 2020- 41 APPROVALS:
o) I /Z 4.
Bellal Nabizadah Date
Assistant Engineer
Brad jf/ aylor
City Engineer
Cari Ja s
Directo of Finance
is/ /702i4
Date
o/ i/acosi
Date
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
t o • 3 • zoz7
Stephen J. Salvatore Date
City Manager
268
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A REIMBURSEMENT AGREEMENT FOR DESIGN AND
CONSTRUCTION OF THE MURPHY PARKWAY EXTENSION WITHIN THE CROSSROADS AREA WITH PROLOGIS, INC. AND AN ADJUSTMENT TO THE GASB 34 REPORT ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2020- 41 WHEREAS, on June 15, 2016, the City of Lathrop Community Development Department approved Development Plan No. 16- 49 (DP 16- 49) for the construction of a 382, 72 square foot building in the Commercial Highway Zone, which included approximately 32, 000 square feet of retail commercial on site supported by onsite warehousing, on an 18. 70 -acre site located within the Crossroads Commerce Center; and
WHEREAS, on June 12, 2020, the City of Lathrop Community Development Department approved the Minor Site Plan Review No. 20- 57 (MSPR 20- 57) to authorize the construction of a new 346, 80 square foot warehouse building on an approximately 20 -acre site. The MSPR 20- 57 modified the existing approval for DP 16- 49 (LBA North); and
WHEREAS, the Conditions of Approval associated with MSPR 20- 57 required the installation of frontage improvements along Murphy Parkway and Harlan Road, including paving, landscaping, fencing, lighting, curb, gutter, and sidewalk; and WHEREAS, on August 8, 2022, City Council accepted the frontage improvements associated with Encroachment Permit No. 2020- 41 (EP 2020- 41), including the Murphy Parkway extension from the developer, and authorized staff to release the performance bond. Prologis, Inc. (Prologis) notified the City that they acquired all rights and obligations of Duke Realty; and WHEREAS, the Murphy Parkway extension is eligible for reimbursement from the parcels that benefit from the improvements. The total cost for the design and construction of the Murphy Parkway extension, $934, 453, was paid by the developer, as shown in Attachment " B" to the City Manager' s Report that accompanied this Resolution; and
WHEREAS, these costs are to be shared by the benefiting property owners as shown in Attachment " C" to the City Manager' s Report that accompanied this Resolution. Prologis' sfair share is $ 282, 608 (non - reimbursable costs), while the remaining $ 651, 845 is reimbursable as the fair share of the properties listed in Attachment " D" to the City Manager' sReport that accompanied this Resolution as determined by the City Engineer pursuant to Lathrop Municipal Code 3. 22. 060.
Benefiting property owners are to pay their fair share as a condition of future development and prior to permit issuance; and
WHEREAS, after acceptance, the developer recognized additional costs associated with the improvements that were not included in the original GASB 34 Report. These costs include engineering, design, change orders, permitting, and 269
other soft costs. Council is provided this opportunity to approve the adjusted GASB 34 Report value to ensure that the City' s asset records are accurate; and WHEREAS, staff recommends that City Council approve the adjusted GASB 34 Report and the reimbursement agreement between Prologis and the City to begin the process of establishing a mechanism for Prologis to be reimbursed by other benefitting property owners.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the reimbursement agreement ( 2710-01- 1543) with Prologis, Inc., substantially in the form included as Attachment " C" to the City Manager' sreport that accompanied this resolution, for the Murphy Parkway Extension within the crossroads area and the adjusted GASB 34 Report included as Attachment B" to the City Manager' s Report that accompanied this Resolution associated with Encroachment Permit No. 2020- 41.
270
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of October 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 271
GASB
34 REPORT
ADJUSTMENT
Resolution
Resol
utio
n
Adoption Date Impr
nt Descripti eme ov AppronedGASB 34ov Report
Final
C
Val ue
ontract Cost
GASB
34Report Adj ent ustm
22- 518
8 -
Aug -
22 9
Murphy
Parkway
Extension
and
Harlan
Road
frontage
impro
vements 732, 888. 40
981, 32 .
90 248, 433 .
50 Murphy
what
was
272
273
ATTACHMENT
p ..
Proportionate share of Murphy Parkway
APN Property Owner Acreage
10. 01
Percent Share
Total Cost of Improvement for Murphy Parkway Extension:
934, 453
Total acreage of all properties benefitting from Murphy Parkway Extension:
63. 75
Amount to be reimbursed to Prologis 651, 845
15. 70%
Proportionate share
146, 727
274
ATTACHMENT
N
a
41 CITY OF LATHROP
PUBLIC INFRASTRUCTURE REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF LATHROP AND PROLOGIS, INC. RELATING
TO MURPHY PARKWAY EXTENSION
This Public Infrastructure Reimbursement Agreement Relating to the Murphy Parkway Extension, Lathrop, CA ("Agreement") is made and entered into this 14th day of October 2024 Effective Date") by and between the City of Lathrop, a municipal corporation of the State of California (" City"), and Prologis, Inc. ("Developer"). City and Developer may be collectively referred to herein as the " Parties" or individually as a " Party".
RECITALS
A. On June 15, 2016, the City of Lathrop Community Development Department approved Development Plan No. DP -16- 49 for the construction of a 382, 72 square foot building in the Commercial Highway Zone, which included approximately 32, 000 square feet of retail commercial on site supported by onsite warehousing, on an 18. 70 -acre site located within the Crossroads Commerce Center.
B. On June 12, 2020, the City of Lathrop Community Development Department approved the Minor Site Plan Review No. MSPR- 20- 57 (MSPR) to authorize the construction of a new 346, 80 square foot warehouse building on an approximately 20 -acre site. The MSPR modified the existing approval for Development Plan No. DP -16- 49 (LBA North).
C. The Conditions of Approval associated with MSPR- 20- 57required the installation of frontage improvements along Murphy Parkway, including paving, landscaping, lighting, curb, gutter, sidewalk, and utilities (" Improvements"). Developer has completed said Improvements and City accepted the Improvements on August 8, 2022.
D. There are a number of parcels that benefit from the Improvements (" Benefitting Properties", depicted in Exhibit A) designed and constructed by Developer, and therefore, Developer is eligible for reimbursement from these benefiting property owners.
E. The purpose of this Agreement is to detail the mechanisms for the payment of Reimbursement to Developer as detailed in Exhibit B to this Agreement. Lathrop Municipal Code LMC) 3. 22 provides a mechanism to reimburse developers for certain public improvements as detailed therein and Improvements meet criteria set for in LMC 3. 22.
NOW, THEREFORE, for good and valuable consideration, City and Developer agree as follows:
1 275
AGREEMENT
1. Recitals. The recitals set forth above are true and correct and made a part of this Agreement.
2. City and Developer Obligations.
a) City Obligations:
i) City shall condition Benefitting Properties to pay their proportionate share of the Reimburse amount as determined by the City Engineer pursuant to Lathrop Municipal Code 3. 22. 060, included in Exhibit B, following Developer' ssatisfaction of all obligations as listed in Section 2(b) of this Agreement.
ii) To the extent permitted by law, City shall collect reimbursement amount from Benefitting Properties prior to issuance of any permits. ii) Subject to the limitation herein, City shall reimburse Developer from any sums collected pursuant to (a)( i) and ( a)( ii) for the Improvements with Reimbursement not to exceed $ 651, 845.
b) Developer Obligations:
i) Developer has submitted as -built plans to the City pursuant to LMC
3. 22. 010E.
ii) Developer has provided reasonable documentation of the actual costs incurred for Project ( which may include, among others, unconditional lien releases, invoices, proof of payment, confirmation on letterhead from relevant contractor( s)/ubcontractor( s) of payment, and/ or any other reasonable documentation similar in detail and content as has been previously provided to City); City shall then have the right, but not the obligation, to reasonably review and audit said documentation, to the extent it determines reasonably appropriate, with any such audit being completed within thirty ( 30) days. No later than thirty ( 30) days of either ( a) the receipt of said documentation, or (b) the completion of any audit.
3. Reimbursement.
a) Timing of Reimbursement.
i) Timing of Reimbursement to Developer shall occur within 30 days after City has received funds from Benefiting Properties. City shall 2 276
deliver such Reimbursement to the address set forth in Section 10 below.
4. Term of Agreement; Termination.
a) This Agreement shall commence on the Effective Date and shall terminate when Developer has received total Reimbursement amount.
5. Indemnification. Developer agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Developer or its Contractors, or which results from Developer' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from conduct in the performance of or failure to perform the terms and conditions of this Agreement, 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 Developer under this Agreement at any time during the term of this Agreement, or arising thereafter.
6. Governing Law. This Agreement shall be governed by the laws of the State of California.
7. Binding Effect. This Agreement is for the benefit of and shall be binding upon both Parties and their respective successors, heirs, executors, administrators, permitted assigns and successors in interest.
8. Assignment. Not Applicable.
9. Notices. For purposes of this Agreement, " notice" means any notice, demand, request, or other communication to be provided under this Agreement. All notices shall be in writing and shall be sent to the below addresses or at such other addresses as either Party may later specify for that purpose. All notices required or permitted under this Agreement shall be personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid or by a nationally recognized overnight courier, such as FedEx or UPS, with charges prepaid for next business day delivery, addressed to the Parties as follows:
If to City: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
With a concurrent copy to: City of Lathrop
3 277
390 Towne Centre Drive
Lathrop, CA 95330
Attn: Salvador Navarrete, City Attorney
Email: snavarrete@ci. lathrop. ca. us
If to Developer: Prologis, Inc.
3353 Gateway Boulevard
Fremont, CA 94538
Attn: Ryan Marshall
Email: rmarshall@prologis. com
The date of any notice shall be the date of receipt, provided that rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice sent. Either Party may change its address for notice by giving notice to the other Party in accordance with this Section 9.
10. Payments to Developer. All reimbursement payments due to Developer hereunder shall be sent to the following address or at such other address ( or wiring instructions) as Developer shall from time to time specify in writing to City:
Prologis, Inc.
3353 Gateway Boulevard
Fremont, CA 94538
Attn: Ryan Marshall
11. Amendments. Any modifications to this Agreement shall be in writing and signed by authorized representatives of both Parties.
12. Attorney' sFees and Venue. In the event of a dispute arising under this Agreement between the Parties, the prevailing Party shall be entitled to an award against the other Party of reasonable and actual attorney' sfees and costs incurred in connection with the dispute. The venue for any litigation shall be in San Joaquin County, California.
13. Cumulative Rights; Waiver. The failure by either Party to exercise, or delay in exercising any rights under this Agreement, shall not be construed or deemed a waiver thereof, nor shall any single or partial exercise by either Party preclude any other or future exercise thereof or the exercise of any other right. Any waiver of any provision or any waiver of any breach of any provision of this Agreement must be in writing, and any waiver by either Party of any breach of any provision of this Agreement shall not operate as or be construed as a waiver of any other breach of that provision or of any breach of any other provision of this Agreement.
14. Severability. If any provision ofthis Agreement is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be deemed to be severed or deleted from this Agreement and the balance of this Agreement shall remain in full force and effect notwithstanding such invalidity, illegality or unenforceability. 4 278
15. Headings. All headings herein are inserted only for convenience and ease of reference and are not considered in the construction or interpretation of any provision of this Agreement.
16. Signing Authority. The individuals signing this Agreement represent and agree that they have full and actual authority to bind their respective Parties to this Agreement.
17. Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding its subject. This Agreement supersede all proposals, oral and written, and all negotiations, conversations or discussions heretofore and between the Parties related to the subject matter of this Agreement.
18. No Third -Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. In particular, and without limitation, no merchant builder or other purchaser of land from Developer shall have any right to enforce this Agreement.
19. Minor Modifications. Not applicable.
20. Counterparts; Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. Signatures may be given by facsimile, emailed PDF, or other electronic means with the same force and effect as signed, wet originals.
Signatures to follow on next page]
5 279
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.
CITY:
CITY OF LATHROP,
A California municipal corporation
By:
Stephen J. Salvatore
City Manager
ATTEST:
City Clerk of and for the City
of Lathrop, State of California
By:
Teresa Vargas, City Clerk
APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY:
By:
Salvador Navarrete
City Attorney
DEVELOPER:
Prologis, Inc.,
A Delaware limited liability company
By:
Ryan Marshall
Director of Development
6 280
EXHIBIT A
DEPICTION OF BENEFITTING PROPERTIES
7 281
282
EXHIBIT B
PROPORTIONATE SHARE OF REIMBURSEMENT AMOUNT
8 283
Proportionate share of Murphy Parkway
APN
198-20- 05
Property Owner
Beowulf Energy
Acreage
1©. 01
Total Cost of Improvement for Murphy Parkway Extension:
934, 453
Total acreage of all properties benefitting from Murphy Parkway Extension:
63. 75
Amount to be reimbursed to Prologis 651, 845
Percent Share
15. 70%
Proportionate share
146, 727
284
285
286
287
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ITEM 4. 14
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASE OF SWARCO MCCAIN, INC. AND
ITERIS, INC. PRODUCTS FOR CITY- WIDE TRAFFIC
SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS
23- 01 AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve the Purchase of Swarco McCain Inc. and Iteris, Inc. Products for the City -
Wide Traffic Systems and Safety Upgrades Project,
CIP PS 23- 01 and Approve Budget Amendment
SUMMARY:
On July 11, 2022, Council approved the creation of Capital Improvement Project ( CIP) PS 23- 01 for the City -Wide Traffic Systems and Safety Upgrades Project. This project aims to maintain and improve the reliability, safety, and functionality of various traffic control devices throughout the City. Two traffic signals on Lathrop Road and two on Louise Avenue, located at the Interstate 5 Interchanges, are operated by Caltrans.
Since these Caltrans Signals directly impact the reliability and functionality of the City' straffic network, staff has been working with Caltrans to obtain approval for the City to take over their operation and maintenance.
Before assuming responsibility, the Caltrans Signals will need to be retrofitted with City Standard equipment to ensure reliability and consistency with all other City traffic signals. Staff has received quotes from Swarco McCain, Inc. for six Flex ATC Traffic Signal Controllers and from Iteris, Inc. for two Vantage Next CCUs, both of which include all necessary components for installation ( see Attachment " B"). Additionally, approximately $ 120, 00is needed for miscellaneous equipment, such as surveillance cameras, license plate readers, radios for communication, and communication switches.
Staff requests that Council approve the purchase from Swarco and Iteris for a total cost of $ 65, 813. 15. Staff also requests approval for a budget amendment in the amount of $ 200, 00 from the General Fund Street Reserves ( 1010). The remaining funds after the purchase of the controllers will be used for other items to further advance the project goals of CIP PS 23- 01.
BACKGROUND:
On July 11, 2022, Council approved the creation of CIP PS 23- 01 for City -Wide Traffic Systems and Safety Upgrades. These upgrades include the replacement of obsolete traffic controllers, the installation of video and radar detection systems, communication upgrades, and safety enhancements such as guard rails, signs, striping, and bicycle facilities. A key component of this project is to enhance traffic signal technology throughout the City to promote mobility, safety, and visibility. 303
CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF SWARCO MCCAIN, INC. AND ITERIS, INC.
PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23- 01 AND APPROVE BUDGET AMENDMENT
The two traffic signals on Lathrop Road and two on Louise Avenue, operated by Caltrans, directly affect the reliability and functionality of the City' s traffic network.
Therefore, staff is working with Caltrans to secure approval for the City to take over the operation and maintenance of these signals.
City Standards require new signal installations to be equipped with a Flex ATC Controller and an Iteris Next Vector detection system. Currently, the Caltrans Signals use loop detection and older model controllers, such as the McCain 2070E Controller, which are less reliable and lack the connectivity and functionality of the Flex ATC Controller. These older models will also be unsupported by the manufacturer in the near future. Additionally, the Caltrans Signals require installation of surveillance cameras, license plate readers, and network components.
The installation of the Flex ATC Controllers, Iteris Next Vector detection system, and other miscellaneous equipment will ensure that all traffic signals in the City have uniform capabilities, reliability, and the ability to connect through the City' s network for remote timing, maintenance, alerts, data, and visibility.
Staff has received quotes from Swarco for six Flex ATC Traffic Signal Controllers and from Iteris for two Vantage Next CCUs, both of which include all necessary components for installation ( see Attachment " B"). As these products are proprietary, Swarco and Iteris have provided Sole Source Documentation ( included as Attachment C"). The miscellaneous equipment needed totals approximately $ 120, 00.
Staff requests that Council approve the purchase from Swarco and Iteris for a total cost of $ 65, 813. 15. Staff also requests approval for a budget amendment in the amount of $ 200, 00 from the General Fund Street Reserves ( 1010). The remaining funds after the purchase of the controllers will be utilized for other products to advance the project goals of CIP PS 23- 01.
RECOMMENDATION:
A key component of the City -Wide Traffic Systems and Safety Upgrade Project is to enhance the traffic signal technology throughout the City, which will improve traffic flow and level of service.
FISCAL IMPACT:
The purchase of the Swarco and Iteris products listed in Attachment " B" has a cost of $ 65, 813. 15. Staff request Council also approve a budget amendment in the amount of $200, 00 from the General Fund Street Repair Reserves ( 1010):
304
CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF SWARCO MCCAIN, INC. AND ITERIS, INC.
PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23- 01 AND APPROVE BUDGET AMENDMENT
Decrease General Fund Street Reserve
1010- 251- 03-0 $ 200, 00
Increase Transfer Out
1010- 9900-90- 9010 $ 200, 00
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 01 $ 200, 00
Increase Expenditures
3310- 8000- 430- 37- 00 (Materials) PS 23- 01 $ 200, 00 ATTACHMENTS:
A. Resolution to Approve the Purchase and Swarco McCain Inc. and Iteris, Inc.
Products for the City -Wide Traffic Systems and Safety Upgrades Project, CIP PS 23- 01 and Approve Budget Amendment
B. Quotes - Swarco, Inc. and Iteris, Inc.
C. Sole Source Letter - Swarco, Inc. and Iteris, Inc.
305
CITY MANAGER' SREPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF SWARCO MCCAIN, INC. AND ITERIS, INC.
PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23- 01 AND APPROVE BUDGET AMENDMENT
APPROVALS:
Brad
q/ 74: 120- 21
aylor
City Engineer
Date
la- 6 C42i(
nandes Date
nfor ation Systems Director
Cari Jame
Finance D ctor
Date
0/ q/ A. o. Q*
10. 9•Zoz1
Michael King Date
Assistant City Manager
lC • 3 . Zv 1--( 4
Salvador Navarrete Date
City Attorney
Ste ffen J. Salvatore Date
City Manager
306
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE THE PURCHASE OF SWARCO MCCAIN INC. AND ITERIS, INC.
PRODUCTS FOR THE CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23- 01 AND APPROVE BUDGET AMENDMENT
WHEREAS, on July 11, 2022 Council approved the creation of Capital Improvements Project ( CIP) PS 23- 01 for City -Wide Traffic Systems and Safety Upgrades; and
WHEREAS, a component of this project is to improve the traffic signal technology throughout the City to promote mobility, safety and visibility; and WHEREAS, two traffic signals on Lathrop Road and two traffic signals on Louise Avenue, located at the Interstate 5 Interchanges, are operated by Caltrans Caltrans Signals). The Caltrans Signals can have a direct impact to the reliability and function of the City' straffic network, therefore, staff worked with and is expecting approval from Caltrans to take over operation and maintenance of the four traffic signals; and
WHEREAS, prior to taking over operation and maintenance, the Caltrans Signals will need to be retrofitted with the City Standard equipment to ensure reliability and consistency with all other City traffic signals; and WHEREAS, staff received quotes from Swarco McCain, Inc. (Swarco) for six 6) Flex ATC Traffic Signal Controllers and from Iteris, Inc. (Iteris) for two ( 2) Vantage Next CCUs, both with all necessary components to install the equipment; and WHEREAS, these products are proprietary; therefore, Swarco and Iteris have provided Sole Source Documentation, as shown in the City Manager' s Report dated, October 9, 2023; and
WHEREAS, additionally, approximately $ 120, 00 is needed for miscellaneous equipment, such as surveillance cameras, license plate readers, radios for communication, and communication switches; and
WHEREAS, staff requests Council approve the purchases from Swarco and Iteris for a total cost of $ 65, 813. 15; and
WHEREAS, staff requests that Council also approve a budget amendment in the amount of $ 200, 00 from the General Fund Street Reserves ( 1010). The remaining funds after the purchase of the controllers will be utilized for other products to advance the project goals of CIP PS 23- 01:
307
Increase Transfer Out
1010- 9900-90- 9010 $ 200, 00
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 01 $ 200, 00
Increase Expenditures
3310- 8000- 430- 37- 00 (Materials) PS 23- 01 $ 200, 00 Decrease Reserve
1010- 251- 03-0 $ 200, 00
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the purchase of the Swarco McCain, Inc. and Iteris, Inc. Products listed in Attachment " B" of the City Manager' s Report dated, October 14, 2024 for an amount of $ 65, 813. 15; and
BE IT FURTHER RESOLVED, that City Council of the City of Lathrop does hereby approve a budget amendment transferring funds from the Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) as detailed above. 308
The foregoing resolution was passed and adopted this 14th day of October, 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 309
ATTACHMEt
w"
swamonA
QUOTATION
Estimator: Jennifer Phelan
Quote #: JLP090324A ( 760)34- 5050
Agency: Lathrop City of
Job Name: Flex w/
jennifer. phelan@swarco. com
Transparity
Bid Date: 9/ 3/ 24
Bid Item Qnty Description Price Extension
6 FLEX RACK MOUNT CONTROLLER, $ 3, 537. $21,25. 42
WIFI, CALTRANS w/ OMNI
6 TRANPARITY, SINGLE INTERSECTION $ 1, 200. 0 $ 7, 200. 0
LICENSE
4 CMU, 2010ECLIP W/ 10/0 ETHERNET $ 1,36. 00 $ 4, 544. 00
PORT, EDI
turn on support and timing conversions not
included. Cstomer is responsible for ensuring
that communications and detection is
operational and for providing the network
scheme, as applicable.
8. 25% tax *subject to change
Reference Total
2, 719. 98
35, 689. 40
Prices firm for 90 days. Freight included. Add sales tax.
Sale is subject to Swarco' sstandard terms and conditions.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/ orlegally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. A -
If you received this in error, please contact the sender and delete the material from any computer. 310
iteris'
Iteris,
Inc.
Carly
Randazzo
1700
Carnegie
Ave
nue + 19496483022
Suite
100
crandazzo@iteris. com
Santa
Ana,
CA
92705- 5551
Quote #September
TayloBrad
r
Lathrop
California lathrop. btaylor@ci.
ca. us
Agency:
Lathrop,
City
of
Project Name:
Spare
Parts
Next
Contract
or:
Reference:
Spare
Parts
Next
Deliv
ery
Term:
FOB
Payment
Terms:
NET
Fax
or
email
Purchase
Orders
to: Roadway
Sales
Support,
949- 270 9615
or
RS- Salesupport@iteris .
com.
Please
include
Quote
Number
on
your
Purchase
Order .
ofquotedate
unless
e
xtended
inwriting. Prices
on
this
quote
include
material
only
unless
otherwise
stated .
For questions
regarding
this
qu
otation,
please
c
Product
Name
oduct
Pr
Description
Qty
Lens Adjustment Module
Module
to
adjust
Iteris
Detection
Systems
1 MON- 17HDMI
17 in
Color
LCD
Monitor
Drawer
Generation
4 LCD
1U
rack
mount
drawer
with
m
onitor
1 composite
video
1 VGA
and
1 HDMI
video
input
NTSC
PAL
2 NEXT- CCU- PAK
VantageNext
CCU
Unit
1U
box
supports
up
to
2 NEXT
DVPs ordered
separately
Includes
NEXT
CCU
SHIPKIT
NEMA
cabinet
mounting
bracket
2 4GHz
rubber
duck
antenna
USB
optical
mouse
6 ft
HDMI
cable
5 ft
Cat5e
patch
cable
4 x
3 ft
Cat5e
patch
cables
screwdriver
insulated
crimp
on
ground
lug
6 ft
power
cord
2 NEXT- DVP
MODULE
ASSEMBLY,
DUAL
VIDEO
PROCESSOR,
NEXT
4 NEXT- RAD SURGE- 4
Surgepanel
fo
box
r
Next
and
Radius
systems.
Provides
additional
surge
pr
otection
f
or
4 lines
using
RJ45
connections.
2 TS2CABLE- 2070 7
foo7
lot
ng
SDLC
adapter
cable
25 pin
to
15 pin
D
SUB
ABW16578- 002
2 Important
Notes:
This
quotation
and
any
resulting
order
are
subject
to
Iteris'
Roadway
Sensor
Products
Standard
Terms
and
Conditions
of
Sale
attached
hereto
or available
at
TC. http:// www. iteris. com/ RS- Std
pdf
which
are
incorporated
herein
by
this
reference.
Authorized
caSignature:
Al),
eandazzo
InIteris,
c. Confidential
September
13,
2024
311
The Better Way. Every Day
Brad Taylor
City of Lathrop
390 Towne Centre Dr
Lathrop, CA 95330
September 13, 2024
Subject: Sole Source
Dear Mr. Taylor,
ATTACHMENT
N G •
SVVamon
Please be advised, that at this time, SWARCO McCain offers the FLeX Controller, OMNI & Transparity Software as the sole source manufacturer, at a reasonable price.
The ATC FLeX controller represents the latest design in the Swarco McCain' sATC eX series of advanced transportation controllers, with a compact design offering speed and performance for any ATC, Caltrans or NEMA cabinet configuration.
We trust this information meets with your approval. Please do not hesitate to call/ email if additional information is needed or if you have any questions or concerns. Thank you for the opportunity to supply your traffic equipment needs.
Sincerely,
9, 4. 04te644-
Jennifer Phelan
Senior Account Manager
SWARCO McCain, Inc.
P: 760.34. 5050
Jennifer. phelan@swarco. com
www. sarco. com/ mccain
SWARCO McCain, Inc., 2365 Oak Ridge Way, Vista, CA 92081, USA T. +1 760-27- 8100, E. info. us@swarco. com
1/
312
iteris®
September 13, 2024
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Re: Sole Source Documentation
To Whom It May Concern:
949. 270. 9400
iteris. com
1700 Carnegie Avenue, Suite 100
Santa Ana, CA 92705
Iteris is pleased to notify you that it is the sole distributor of Iteris- manufactured products, including our Apex Detection System, to public agencies in California. The City of Lathrop is considered an agency in this defined geographic region. Please feel free to reach out with any questions to Carly Randazzo, Regional Director of Sales at Iteris.
Sincerely,
Ca/ tly /fand z2Zo
Carly Randazzo
Regional Sales Director- Western US
949- 648- 3022
crandazzoPiteris. com
313
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INTENTIONALLY
BLANK
314
ITEM 4. 15
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER NO. 2 WITH
DSS COMPANY DBA KNIFE RIVER CONSTRUCTION
FOR YOSEMITE AVENUE PAVEMENT
REHABILITATION, CIP PS 24- 31 AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve Contract Change Order No. 2 with DSS Company dba Knife River
Construction for Yosemite Avenue Pavement
Rehabilitation, CIP PS 24- 31 and Approve Budget
Amendment
SUMMARY:
On July 8, 2024, City Council awarded a construction contract to DSS Company, dba Knife River Construction ( Knife River) for construction of Yosemite Avenue Pavement Rehabilitation, CIP PS 24- 31 (Project). The Project consists of improvements to the structural and wearing courses of Yosemite Avenue. Installation of additional pavement reinforcing fabric ( Glas Grid) has been identified as necessary to the repair of Yosemite Avenue.
The City requested and Knife River provided proposed Contract Change Order No. 2 CCO 2) for the subject services at a cost of $ 222, 414. CCO 2 is included as Attachment B. Knife River' s price for the additional 140, 60square feet of Glas Grid is $. 14 per square foot less than the contract price, representing a discount of 19, 684.
Staff requests City Council approve CCO 2 with Knife River for a not to exceed amount of $222, 414 for the additional Glas Grid for the Project.
Proposed CCO 2 exceeds the Project' sremaining construction contingency. Staff therefore also requests City Council approve a budget amendment transferring 223, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed in the Fiscal Impact Section of this report.
BACKGROUND:
On February 12, 2024, City Council approved the creation of Yosemite Avenue Pavement Rehabilitation, Capital Improvement Project ( CIP) PS 24- 31 (Project) to provide improvements to the structural and wearing courses of Yosemite Avenue.
On July 8, 2024, City Council awarded a construction contract to Knife River for construction the Project. The Project will repair damage to the base layer and resurface large portions of the road between SR 120 and the eastern city limits. 315
CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER NO. 2 WITH DSS COMPANY DBA KNIFE
RIVER CONSTRUCTION FOR YOSEMITE AVENUE PAVEMENT
REHABILITATION, CIP PS 24- 31 AND APPROVE BUDGET AMENDMENT While performing dig - outs and other structural improvements, the contractor encountered more areas of failed road base than were accounted for during the design phase. The City chose to install additional Glas Grid to reinforce the discovered areas of failed road base.
REASON FOR RECOMMENDATION:
Approval of the proposed change order with Knife River will allow the Project to continue without interruption and provide a more robust repair to this important arterial road.
FISCAL IMPACT:
Staff is requesting City Council approve a budget amendment transferring $ 223, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
ATTACHMENTS:
223, 000
223, 000
PS 24- 31 $ 223, 000
PS 24- 31 $ 223, 000
A. Resolution Approving Contract Change Order No. 2 with DSS Company dba Knife River Construction for Yosemite Avenue Pavement Rehabilitation, CIP PS 24- 31 And Approving Budget Amendment
B. Change Order No. 2 with DSS Company dba Knife River Construction 316
CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER NO. 2 WITH DSS COMPANY DBA KNIFE
RIVER CONSTRUCTION FOR YOSEMITE AVENUE PAVEMENT
REHABILITATION, CIP PS 24- 31 AND APPROVE BUDGET AMENDMENT APPROVALS:
ee) 2c, v/e- 001
Steven Hollenbeak Date
Assistant Engineer
Ken
6x- ro
Reed Date
Senior Construction Manager
BracVTaylor
City Engi
Cari James
Finance Di - ctor
a - to - 2D2.
Date
q42, 20a
Date
j • 2.5-. 202. 11
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Step en J. Salvatore Date
City Manager
317
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING CONTRACT CHANGE ORDER NO. 2 WITH DSS COMPANY DBA
KNIFE RIVER CONSTRUCTION FOR YOSEMITE AVENUE PAVEMENT
REHABILITATION, CIP PS 24- 31 AND APPROVING BUDGET AMENDMENT WHEREAS, on February 12, 2024, City Council approved the creation of Yosemite Avenue Pavement Rehabilitation, Capital Improvement Project ( CIP) PS 24- 31 ( Project) to provide improvements to the structural and wearing courses of Yosemite Avenue; and
WHEREAS, on July 8, 2024, City Council awarded a construction contract to DSS Company, dba Knife River Construction ( Knife River) for construction of the Project; and
WHEREAS, staff is requesting City Council approve proposed Contract Change Order No. 2 ( CCO 2) with Knife River for an amount not to exceed $ 222, 414; and WHEREAS, CCO 2 consists of labor and materials to install an additional amount of fiberglass pavement reinforcing fabric to strengthen the new paving in areas of previously unanticipated base damage; and
WHEREAS, staff is also requesting City Council approve a budget amendment transferring $ 223, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
223, 000
223, 000
PS 24- 31 $ 223, 000
PS 24- 31 $ 223, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves CCO 2 with Knife River for an amount not to exceed 222, 414; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 223, 000from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above. 318
The foregoing resolution was passed and adopted this 14th day of October, 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 319
ATTACHMENT
CHANGE ORDER NO. 2
Yosemite Ave Pavement Rehabilitation,
CIP PS 24- 31
CONTRACT CHANGE ORDER NO. 2
Yosemite Ave Pavement Rehabilitation, CIP PS 24- 31
Contractor: DSS Company dba Knife River Construction
Address: 655 W. Clay St., P. O. Box 6099
Stockton, CA 95206
Change Order Date: October , 2024
Notice to Proceed Date: August 26, 2024
Contract Execution Date: July 8, 2024
City of Lathrop
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and the proposals attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and DSS Company dba Knife River Construction dated July 8, 2024.
I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S)/UBTRACTION( S) TO CONTRACT
PCO# DESCRIPTION QTY UNIT
UNIT
PRICE
TOTAL
02 Tensar GlasGrid 68, 400 SF 1. 79 122, 436. 00)
02 Tensar GlasGrid ( revised) 209, 000 SF 1. 65 344, 850. 0 SUBTOTAL 222, 414. 00
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER 222, 414. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER # 1 61, 575. 00 ORIGINAL CONTRACT AMOUNT 872, 030.
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 2 1,56, 019.0
END OF CHANGES)
320
CHANGE ORDER NO. 2
Yosemite Ave Pavement Rehabilitation,
CIP PS 24- 31 City of Lathrop
DESCRIPTION OF WORK
See " II. 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
CCO # 2 will not increase the time frame of the original contract.
RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 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)
321
CHANGE ORDER NO. 2
Yosemite Ave Pavement Rehabilitation,
CIP PS 24- 31
Approved As
To Form:
Recommended
By:
Approved By:
Resolution No.:
Accepted By
Contractor:
City of Lathrop
9, 6- 202. 4
Salvador Navarrete Date
City Attorney
City of Lathrop
Michael King
Assistant City Manager
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
Date
Date
DSS Company dba Knife River Construction Date
Print Name and Title
322
Exhibit A
KNIFE RIVER
CONSTRUCTION
AN MDU RESOURCES COMPANY
PROPOSED CHANGE ORDER
NO. 002
SUBJECT: GlasGrid Unit Cost Revision DATE: 09/3/ 24
PROJECT: Yosemite Ave Pavement Rehabilitation JOB NO: 57241844 TO: City of Lathrop - Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
ATTN: Ken Reed
FROM: Revae Martinez
DESCRIPTION
Deducts for the original GlasGrid quantitiy that is replaced with the new unit costs and updated quantities shown below.
ITEM DESCRIPTION QTY UM UNIT TOTAL
008 Tensar GlasGrid - 68400 SF $ 1. 79 ($ 122, 436. 00) 8R GlasGrid ( revised) 209000 SF $ 1. 65 $ 344, 850. 0
TOTAL AMOUNT $ 222, 414. 00
APPROVAL
BY:
DATE:
Ken Reed
BY:
DATE:
Revae Martinez4(
09/3/ 2024
655 W. Clay St., P. O. Box 6099 • Stockton, CA 95206 • ( 209) 948- 0302 • Fax (209) 948- 6652 323
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INTENTIONALLY
BLANK
324
ITEM 4. 16
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE AMENDMENT NO. 3 WITH CAROLLO
ENGINEERS, INC. FOR AQUIFER STORAGE AND
RECOVERY, CIP PW 22- 36
Adopt Resolution Approving Amendment No. 3
to the Professional Services Agreement with
Carollo Engineers, Inc., for Aquifer and Storage
Recovery, CIP PW 22- 36
SUMMARY:
On January 10, 2022, City Council approved the creation of Capital Improvement Project ( CIP) PW 22- 36, Aquifer Storage and Recovery ( ASR), including a Professional Services Agreement ( PSA) with Carollo Engineers, Inc. (Carollo) to complete an engineering feasibility study and preliminary project design. In April 2023, Amendment No. 1 was approved with Carollo for tasks related to the design and bidding phases of the project. Also, in August 2023, Amendment No. 2 with Carollo was approved to provide grant administration support services and to increase the target drilling depth of a new monitoring well.
Staff is proposing to advance the supplemental geochemical testing to evaluate whether pH adjustment of the water is required, which could result in a potential cost savings of $ 1. 2M if it is determined this can be eliminated.
Staff is requesting City Council approve Amendment No. 3 in the amount of $198, 476 with Carollo. Sufficient funds have been allocated in the approved fiscal year budget 24/5 for CIP PW 22- 36.
BACKGROUND:
The City' s drinking water comes from two sources, local groundwater and surface water purchased from the South San Joaquin Irrigation District ( SSJID). The City' s water supply historically has been reliable and staff has taken the necessary steps to plan for future growth and the corresponding water needs. An ASR project allows for improved reliability of the City' s
water supplies by pumping and storing surface water
purchased from the SSJID during wet seasons into the ground for subsequent recovery and use during dry seasons, times of drought, or water supply shortage.
On December 12, 2022, Council approved a resolution authorizing a grant application, acceptance and execution for grant funding through the 2022 Urban Community Drought Relief Grant Program ( UCDRGP) administered by the Department of Water Resources ( DWR).
325
CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 3 WITH CAROLLO ENGINEERS, INC. FOR AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36
On June 9, 2023 DWR issued the Award Notification to the City to inform that the City of Lathrop was awarded $ 4, 500, 000 for the UCDRGP.
On August 14, 2023, Council approved Amendment No. 2 with Carollo for the additional tasks needed for grant administration support and to add additional depth for a second monitoring well.
Carollo has completed the draft Basis of Design Report which recommends supplemental geochemical testing to confirm if pH adjustment is required. The cost of this work was originally intended to have been part of the drilling construction contract, but it makes better sense now to complete this as a separate work element before the new well is drilled). If the sampling does confirm that pH adjustment is not required, then it will result in a significant cost savings.
REASON FOR RECOMMENDATION:
Amendment No. 3 with Carollo is requested to provide supplemental geochemical testing and analysis of the aquifer to evaluate whether pH adjustment is required, which could result in an estimated cost savings of $1. 2M if it is determined that it can be eliminated.
FISCAL IMPACT:
The cost of Amendment No. 3 to provide the supplemental geochemical testing is 198, 476. Sufficient funds have been allocated in the approved fiscal year budget 24/5for CIP PW 22- 36.
ATTACHMENTS:
A. Resolution Approving Amendment No. 3 with Carollo Engineers, Inc., for Aquifer and Storage Recovery Well Design Services, CIP PW 22- 36 B. Amendment No. 3 with Carollo Engineers, Inc. for Aquifer Storage and Recovery Well Design Services, CIP PW 22- 36
326
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH CAROLLO ENGINEERS, INC., FOR AQUIFER AND STORAGE RECOVERY, CIP PW 22- 36
WHEREAS, on January 10, 2022, City Council approved the creation of Capital Improvement Project ( CIP) PW 22- 36, Aquifer Storage and Recovery ( ASR), including a Professional Services Agreement ( PSA) with Carollo Engineers, Inc. (Carollo) to complete an engineering feasibility study and preliminary project design; and WHEREAS, in April 2023, Amendment No. 1 was approved with Carollo for tasks related to the design and bidding phases of the project; and WHEREAS, on August 14, 2023, Council approved Amendment No. 2 with Carollo for the additional tasks needed for grant administration support and to add additional depth for a second monitoring well; and
WHEREAS, Amendment No. 3 with Carollo is requested to provide supplemental geochemical testing and analysis of the aquifer to evaluate whether pH adjustment is required, which could result in a potential capital cost savings of $ 1. 2M if it is determined they could be eliminated; and
WHEREAS, sufficient funds have been allocated in the approved fiscal year budget 24/5 for CIP PW 22- 36.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve Amendment No. 3 with Carollo Engineers, Inc. in the amount of $ 198, 476 for additional geochemical testing and analysis, CIP PW 22- 36 Aquifer Storage and Recovery.
327
CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 3 WITH CAROLLO ENGINEERS, INC. FOR AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36
APPROVALS:
Jap.,
Greg Gibs goh Date
Senior Civil Engineer
Brad T lor
City Engineer
Cari Jam
Finance ector
0/ f -A92- f
o(z/ 202y
Date
Date
Michael King Date
Assistant City Manager
2 03/ X2. 2
Io• y• zoZ' i
Salvador Navarrete
Zte) ZY
Date
City Attorney
Iv •7. 251
Steen J. Salvatore Date
City Manager
328
The foregoing resolution was passed and adopted this 14th day of October 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 329
ATTACHMENT
3 11
AMENDMENT NO. 3
TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
CAROLLO ENGINEERS, INC.
TO PROVIDE THE LATHROP AQUIFER STORAGE AND RECOVERY WELL DESIGN SERVICES, CIP PW 22- 36
THIS CONTRACT AMENDMENT ( hereinafter " AMENDMENT NO. 3") to the agreement between Carollo Engineers, Inc. and the City of Lathrop dated January 10, 2022, (hereinafter AGREEMENT") dated for convenience this day of October, 2024, is by and between the City of Lathrop, a California municipal corporation (" CITY") and Carollo Engineers, Inc.
CONSULTANT");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to Professional Engineering Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on January 10, 2022, CONSULTANT and CITY entered into an AGREEMENT to provide the Lathrop Aquifer Storage and Recovery and Feasibility Study and Funding Support, CIP PW 22- 36, not to exceed $ 301, 744; and WHEREAS, on April 10, 2023, CONSULTANT and CITY entered into Amendment No. 1 to provide the Lathrop Aquifer Storage and Recovery Well Design Services, CIP PW 22- 36, not to exceed $ 1, 547, 242; and
WHEREAS, on August 14, 2023 CONSULTANT and CITY entered into Amendment No. 2 to provide Lathrop Aquifer Storage and Recovery Well Design Services, CIP PW 22- 36, not to exceed $ 1, 547, 242; and
WHEREAS, CONSULTANT has provided CITY with a scope of work attached hereto as Exhibit "A" for Amendment No. 3 to provide Lathrop Aquifer Storage and Recovery Well Design Services, CIP PW 22- 36, not to exceed $ 198, 476.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AMENDMENT NO. 3 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT is hereby amended to add the following:
CONSULTANT agrees to perform Engineering Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" in addition to the scope of work in the original AGREEMENT dated January 10, 2022 and Amendment No. 1 dated April 10, 2023, and Amendment No. 2 dated August 14, 2023.
330
CITY OF LATHROP — CAROLLO ENGINEERS, INC.
AMENDMENT NO. 3 TO PROVIDE AQUIFER STORAGE AND RECOVERY WELL DESIGN SERVICES, CIP PW 22- 36
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. 2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:
City hereby agrees to pay CONSULTANT an additional cost of $ 198, 476 for the services set forth in Exhibit " A" of this AMENDMENT NO. 3, with a total sum not to exceed of 2, 130, 619 ($301, 744 for the original AGREEMENT, $ 1, 547, 242 for AMENDMENT NO. 1, $ 83, 160 for AMENDMENT NO. 2, and $ 198, 476 for AMENDMENT NO. 3).
CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' SAuthorized Representative prior to the commencement of the work.
3) Effective Date and Term
The effective date of AMENDMENT NO. 3 is October , 2024, and it shall terminate no later than the term of the AGREEMENT. AMENDMENT NO. 3 hereby extends the term of the original AGREEMENT to June 30, 2026. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicability to Original Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated January 10, 2022 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Signatures
The individuals executing this AMENDMENT NO. 3 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 3 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
331
CITY OF LATHROP — CAROLLO ENGINEERS, INC.
AMENDMENT NO. 3 TO PROVIDE AQUIFER STORAGE AND RECOVERY WELL DESIGN SERVICES, CIP PW 22- 36
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved by:
Resolution No:
Consultant:
Michael King
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Date
Stephen J. Salvatore Date
City Manager
Carollo Engineers, Inc.
2880 Gateway Oaks Drive, Suite 300
Sacramento, CA
Federal ID # 86- 0899222
Lathrop Business License # 20758
Signature Date
Print Name and Title
Signature Date
Print Name and Title
332
XHIBIT " A "
AMENDMENT 3
SCOPE OF SERVICES
CITY OF LATHROP
AND
CAROLLO ENGINEERS, INC.
AQUIFER STORAGE AND RECOVERY WELL DESIGN
BACKGROUND
Initial geochemical analyses from groundwater samples collected from two monitoring wells MW -1 and MW -2) indicate that pH adjustment would be required to lower the pH of the South San Joaquin Irrigation District ( SSJID) supplied surface water prior to recharge (injection) to match the chemical profile of the target aquifer groundwater quality. Subsequently, during pumping ( extraction) the pH of the recovered water would have to be increased to match that of the City' s distribution system. As described in the Draft Basis of Design Report, extended geochemical testing is recommended to confirm if pH adjustments ( during injection and extraction) will in fact be required. If the additional testing is not implemented, then provisions for future installation of pH adjustment equipment will have to be incorporated into the final design, as described in the draft BODR.
A two- phase recharge series is recommended for the two deepest intervals in MW - 1 ( depth of 510 and 740 feet) and MW -2 ( depths of 740 feet and 990 feet).
PURPOSE OF AMENDMENT
This amendment modifies the Agreement between the City of Lathrop ( CITY) and Carollo Engineers ( CONSULTANT) to include the following:
Conduct two- phase recharge testing at MW -1 and MW -2 and laboratory analyses to confirm chemical adjustment requirements ( pH) for ASR well design.
CONSULTANT' SSERVICES
Add the following to Task 2. 4:
Task 2. 4 Monitoring Well Installation and Analyses
To LSCE will conduct two- phase recharge series testing to determine if pH adjustment of the injected and recovered water is required. The testing will consist of the following:
Phase 1 ( One Day Test): Water sourced from SSJID will be injected into the two deepest monitoring wells at both MW -1 ( depths of 510 feet and 740 feet) and MW -2 ( depths of 740 feet and 990 feet). This injection will occur continuously at a rate of approximately 5 gallons per minute ( gpm) over a 24 -hour period ( 1 day). Following the injection, the wells will remain idle for another 24 hours ( 1 day). After this idle period, the wells will then be pumped continuously for a subsequent 24 hours ( 1 day). pw:// Carollo_ 200000/ Documents/ CA\ Lathrop1200919- 000000101 Project Management101 Pre -Contract\ DesignWmdn3_ SOW September 2024
333
During both the injection and extraction phases, field parameters such as temperature, pH, specific conductivity, turbidity, oxidation- reduction potential ( ORP), and total dissolved solids ( TDS) will be measured. Specifically, during the extraction phase, water samples will be collected and submitted to two different laboratories for analysis.
Laboratory samples will be taken at intervals of 0, 6, 12, 18, and 24 hours, resulting in five ( 5) samples per well. These samples will be analyzed for silica, aluminum, dissolved and total iron, total manganese, total arsenic, calcium, magnesium, sodium, potassium, total alkalinity, sulfate, chloride, total organic carbon, total dissolved solids, total suspended solids, specific conductance, pH, and methane.
Phase 2 (Seven Dav Test): Water sourced from SSJID will be injected into the two deepest monitoring wells at both MW -1 ( depths of 510 feet and 740 feet) and MW -2 depths of 740 feet and 990 feet). This injection will occur continuously at a rate of approximately 5 gallons per minute ( gpm) over a 168 -hour period ( 7 days). Following the injection, the wells will remain idle for another 168 hours ( 7 day). After this idle period, the wells will then be pumped continuously fora subsequent 168 hours ( 7 day).
During both the injection and extraction phases, field parameters such as temperature, pH, specific conductivity, turbidity, oxidation- reduction potential ( ORP), and total dissolved solids ( TDS) will be measured. Specifically, during the extraction phase, water samples will be collected and submitted to two different laboratories for analysis.
Laboratory samples will be taken at intervals of 0, 1, 2, 3, 4, 5, 6 and 7 days, resulting in eight ( 8) samples per well. These samples will be analyzed for silica, aluminum, dissolved and total iron, total manganese, total arsenic, calcium, magnesium, sodium, potassium, total alkalinity, sulfate, chloride, total organic carbon, total dissolved solids, total suspended solids, specific conductance, pH, and methane.
Technical Memorandum: After the completion of both phases, a summary report will be prepared. This report will include the following:
1. Introduction: The introduction will provide an overview of the project objectives and scope, along with a description of the monitoring wells and their respective depths.
2. Methodology: This section will include a detailed explanation of the injection and extraction procedures for both phases, as well as the monitoring techniques and equipment used for measuring field parameters.
3. Results: The results section will present the data collected during the injection and extraction phases. It will include graphs and tables summarizing the changes in field parameters over time, and the laboratory analysis results for water samples collected at specified intervals.
4. Analysis and Discussion: This section will interpret the results, highlighting key findings and trends. It will compare data between Phase One and Phase Two and assess the impact of quality on injected and extracted groundwater quality.
5. Conclusions and Recommendations: The conclusions and recommendations section will summarize the overall findings from both phases. It will provide recommendations for future water management and injection strategies based on the results and suggest further studies or monitoring if necessary.
Findings from the Technical Memorandum will be incorporated into the final BODR. pw:// Carollo_ 200000/ Documents/ CA\ Lathrop\ 200919- 000000101 Project Management101 Pre - Contract\ DesignAmdn3_ SOW September 2024
334
TIME OF PERFORMANCE
CONSULTANT will schedule field activities following receipt of Notice to Proceed and an executed amendment. The two- phase field work under this scope would be completed prior to drilling of the ASR well.
PAYMENT
Payment to the CONSULTANT for services performed under this Amendment shall be based on the revised fee table below, consistent with the terms of the Agreement, on a lump sum basis.
Task
Current
Total')
Amend. 3
Change
Revised
Total
Feasibility Study Subtotal 301, 744 301, 744
Design Phase
Task 1 — Project Coordination & Admin. 131, 702 131, 702 Task 2 — Data Collection and PDR 599, 077 198, 473 797, 550 Task 3 — DWSAP Report 47, 335 47, 335
Task 4 — Detailed Design 783, 887 783, 887
Task 5 — Permitting Assist. 11, 348 11, 348
Task 6 — Bidding Assist. 34, 893 34, 893
Task 7 — Grant Admin. Support 22, 160 22, 160
Design Phase Subtotal 1, 630, 402 198, 476 1, 828,75
Total 1, 932, 146 198, 476 2, 130, 619
1) Inclusive of Amendment 1 ( executed 5/ 16/ 23) and Amendment 2 ( executed 8/ 23/3).
The revised not -to -exceed cost limit to the CONSULTANT' sservices, excluding Engineering Services During Construction and Commissioning tasks ( to be reflected in a future amendment), shall be $ 2, 130, 619.
pw:// Carollo_ 200000/ Documents/ CA\ Lathrop1200919- 000000101 Project Management101 Pre- Contract\ DesignWmdn3_ SOW September 2024
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PAGE LEFT
INTENTIONALLY
BLANK
336
ITEM 4. 17
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 4 WITH PACE, INC. AND
APPROVE BUDGET AMENDMENT FOR CTF PHASE 3
EXPANSION, CIP WW 22- 38
RECOMMENDATION: Adopt Resolution to Approve Amendment No. 4 with Pacific Advanced Civil Engineering, Inc. and Approve
Budget Amendment for CTF Phase 3 Expansion, CIP
WW 22- 38
SUMMARY:
On November 8, 2021, City Council approved a Professional Services Agreement PSA) with Pacific Advanced Civil Engineering ( PACE) for design of the Consolidated Treatment Facility ( CTF) Phase 3 Expansion, CIP WW 22- 38 (Project). City Council awarded a contract for the construction of the Project on August 12, 2024, and construction began on September 5, 2024.
Construction Administration Services ( Construction Services) from the design engineer, PACE, are needed to resolve issues encountered during construction that can only be determined by the design engineer. Construction Services on large or complex projects like the CTF Phase 3 Expansion are typical, and essential to successful, timely and cost- effective construction. Staff requested and received from PACE a proposal to provide the Construction Services on an hourly basis for a cost not to exceed $ 375, 000. Amendment 4 also includes emergency modifications to the dechlorination analyzers which were required to comply with the City' s Waste
Discharge Requirements ( WDRs) from the State Water Resources Control Boad.
PACE' ssubcontractor completed this work for $13, 495. PACE has provided an invoice for these services. Therefore, staff requests City Council approve Amendment No. 4 to PACE' sPSA ( Attachment B) for a cost of $388, 495to fund the Construction Support Services and the modifications to the dechlorination analyzers.
The requested budget amendment includes reimbursement for CTF Phase 1 oversizing to the Developer Sewer Consortium for a cost of $163,21, costs for rental equipment in support of the Project, the construction of the CTF service driveway Costs for rental equipment, the CTF Service Driveway construction and other expenses totaling $ 57, 949.
On August 12, 2024, City Council awarded the construction contract for the CTF Phase 3 Expansion pursuant to Resolution 24- 5620. The requested budget amendment to transfer $ 5,00, 000 from the Sewer Connection Fee Fund ( 6030) to the Project CIP fund ( 6090) was $ 1, 000,00 less than necessary to cover the 10% construction contingency approved by City Council. Therefore, staff request a corrective budget 337
CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 4 WITH PACE, INC. AND APPROVE BUDGET AMENDMENT FOR CTF PHASE 3 EXPANSION, CIP WW 22- 38
amendment of $ 1, 000,00 to provide the correct funding for the Project' s construction contingency.
Sufficient funds for the above expenses were not included in the adopted Fiscal Year 24/5 budget for CTF Phase 3 Expansion, CIP WW 22- 38; therefore, staff requests a budget amendment of $ 1, 610, 000 to fund PACE' sAmendment No. 4 and other costs as described above.
BACKGROUND:
The dechlorination analyzers and samplers at the CTF were installed during the construction of the Dechlorination Facility, one of two components of the Surface Water Discharge Project, CIP WW 20- 17. During initial operation, staff encountered samples of insufficient clarity, owing to the insufficient pressure provided by the gravity flow to the samplers. PACE determined that booster pumps and other equipment would need to be installed on an emergency basis to boost the pressure into the samplers high enough to provide samples of adequate quality for the chlorine analyzers to properly chlorinate the effluent. PACE' scost for their subcontractor to perform this work was $ 13, 495.
REASON FOR RECOMMENDATION:
Construction Support Services from PACE are needed to resolve issues encountered during construction that can only be determined by the design engineer. Construction Support Services on large or complex projects like the CTF Phase 3 Expansion are typical, and essential to successful, timely and cost- effective construction.
The modifications to the dechlorination samplers were essential to the accurate performance of the analyzers, and hence the chlorine injection system.
FISCAL IMPACT:
Sufficient funds for the above costs were not included in the adopted Fiscal Year 24/5 budget for CTF Phase 3 Expansion, CIP WW 22- 38; therefore, staff request a budget amendment as detailed below:
Increase Transfer Out
6030- 9900-90- 9010 $ 1, 610, 000
Increase Transfer In
6090- 900- 393- 0000 WW 22- 38 $ 1, 610, 000
Increase Appropriation
6090- 8000- 420- 10 WW 22- 38 $ 1, 610, 000
338
CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 4 WITH PACE, INC. AND APPROVE BUDGET AMENDMENT FOR CTF PHASE 3 EXPANSION, CIP WW 22- 38
ATTACHMENTS:
A. Resolution Approving Amendment No. 4 with Pacific Advanced Civil Engineering, Inc. for Construction Administrative Services and Emergency Dechlorination Modifications for CTF Phase 3 Expansion - CIP WW 22- 38 B. Amendment No. 4 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Construction Administrative Services and Emergency Dechlorination Modifications for CTF Phase 3 Expansion - CIP WW 22- 38
C. City of Lathrop Resolution 24- 5680
339
CITY MANAGER' S REPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 4 WITH PACE, INC. AND APPROVE BUDGET AMENDMENT FOR CTF PHASE 3 EXPANSION, CIP WW 22- 38
APPROVALS:
6/. ge.. weizz/( 2,_4
Steven Hollenbeak Date
Assistant Engineer
io
Ken Reed Date
Senior Construction Manager
Brad ylor
City Engineer
Cari James
Finance Director
Michael King
Assistant City Manager
I o / g/ - 02v- 1
Date
Ioi thozy
Date
0 • 8 • ZoZY
Date
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
340
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE AMENDMENT NO. 4 WITH PACE, INC. AND APPROVE BUDGET AMENDMENT FOR CTF PHASE 3 EXPANSION, CIP WW 22- 38
WHEREAS, on November 8, 2021, City Council approved a Professional Services Agreement ( PSA) with Pacific Advanced Civil Engineering ( PACE) for design of the Consolidated Treatment Facility ( CTF) Phase 3 Expansion, CIP WW 22- 38 Project); and
WHEREAS, pursuant to Resolution 24- 5620, City Council awarded a contract for the construction of the Project to GSE Construction, Inc. (GSE) and approved a requested budget amendment to transfer $ 5,00, 000from the Sewer Connection Fee Fund ( 6030) to the Project CIP fund ( 6090) that was $ 1, 000,00 Tess than necessary to cover the 10% construction contingency approved by City Council; and WHEREAS, the City will soon need additional construction support services from PACE for the Project; and
WHEREAS, City staff requested and received from PACE a scope of work to provide Construction Administrative Services and an invoice for completed emergency modifications to the dechlorination analyzers for a total cost of $ 388, 495; and
WHEREAS, staff requests City Council approve Amendment No. 4 with PACE in the amount of $ 388, 495; and
WHEREAS, staff requests City Council approve a budget amendment for CIP WW 22- 38 in the amount of $ 1, 610, 000 as detailed below to provide sufficient funds to pay for the expenses identified in the City Manager' sReport that accompanied this Resolution
Increase Transfer Out
6030- 9900-90- 9010 $ 1, 610, 000
Increase Transfer In
6090- 900- 393- 0000 WW 22- 38 $ 1, 610, 000
Increase Appropriation
6090- 8000- 420- 10 WW 22- 38 $ 1, 610, 000
and
WHEREAS, staff requests City Council approve a corrective budget amendment of $ 1, 000,00 to provide the correct
construction
funding for the Project' s
contingency.
341
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Amendment No. 4 to PACE' s PSA dated November 8, 2021 for a cost not to exceed $ 388, 495 to provide Construction Services and pay for emergency modifications to the dechlorination system; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment in the amount of $ 1, 610, 000 to have enough funds to pay for Amendment No. 4 to PACE' s PSA and the expenses identified in the City Manager' sReport that accompanied this resolution; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the transfer of $ 1, 000,00 of the requested budget amendment to the Project' sconstruction contingency.
342
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 343
ATTACHMENT " \ "
AMENDMENT NO. 4
TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LATHROP AND PACIFIC ADVANCED CIVIL ENGINEERING, INC. DATED NOVEMBER 8, 2021
TO PROVIDE CONSTRUCTION ADMINISTRATIVE SERVICES AND
MODIFICATIONS TO DECHLORINATION SYSTEM FOR THE
CTF PHASE 3 EXPANSION — CIP WW 22- 38
THIS CONTRACT AMENDMENT ( hereinafter " AMENDMENT NO. 4") to the agreement between Pacific Advanced Civil Engineering, Inc. and the City of Lathrop dated November 8, 2021, (hereinafter " AGREEMENT") dated for convenience this day of October 2024, is by and between the City of Lathrop, a California municipal corporation (" CITY") and Pacific Advanced Civil Engineering, Inc. ("CONSULTANT");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Construction Administrative Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on November 8, 2021, by Resolution 21- 4978, CONSULTANT and CITY entered into an AGREEMENT to provide Professional Engineering Consulting Services for the Lathrop Consolidated Treatment Facility Phase 3 Expansion — CIP WW 22- 38, in the amount not to exceed $ 1, 047, 280; and
WHEREAS, on July 10, 2023, CONSULTANT and CITY entered into Amendment No. 1 to provide Additional CTF Phasing Master Planning to the Lathrop CTF Phase 3 Expansion, CIP WW 22- 38; and
WHEREAS, on June 20, 2024, CONSULTANT and CITY entered into Amendment No. 2 to provide Final Design Updates Based on Changes to Field Conditions for the Lathrop CTF Phase 3 Expansion, CIP WW 22- 38; and
WHEREAS, on August 8, 2024, CONSULTANT and CITY entered into Amendment No. 3 to provide On -Call Technical Assistance for Operations for the Lathrop CTF Phase 3 Expansion, CIP WW 22- 38; and
WHEREAS, CONSULTANT has provided CITY with a scope of work attached hereto to provide Construction Administrative Services and an invoice for completed emergency modifications to the dechlorination analyzers as Exhibit " A" for Amendment No. 4 in support to the Lathrop CTF Phase 3 Expansion, CIP WW 22- 38; and
WHEREAS, CONSULTANT is willing to render such Construction Administrative Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
344
CITY OF LATHROP - PACIFIC ADVANCED CIVIL ENGINEERING, INC.
AMENDMENT NO. 4 TO THE AGREEMENT DATED NOVEMBER 8, 2021 FOR CONSTRUCTION ADMINISTRATIVE SERVICES FOR THE CTF PHASE 3 EXPANSION - CIP WW 22- 38 AMENDMENT NO. 4 TO AGREEMENT
1) Scope of Service. Section (1) of the AGREEMENT is hereby amended to add the following:
CONSULTANT agrees to perform Construction Administrative Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" in addition to the scope of work in the original AGREEMENT dated November 8, 2021 and Amendment No. 1 dated July 10, 2023, and Amendment No. 2 dated June 20, 2024, and Amendment No. 3 dated August 8, 2024. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction.
2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:
City hereby agrees to pay CONSULTANT an additional cost of $ 388, 495. 00 for the services set forth in Exhibit "A" of this AMENDMENT NO. 4, with a total sum not to exceed of $ 1, 602,85. 00 ($1, 047, 280. 0 for the original AGREEMENT, $ 72, 020 for AMENDMENT NO. 1, $62, 340 for AMENDMENT NO. 2, and $ 32, 550 for AMENDMENT NO. 3, and $ 388, 494. 55 for AMENDMENT NO. 4). CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' SAuthorized Representative prior to the commencement of the work. 3) Effective Date and Term
The effective date of AMENDMENT NO. 4 is October , 2024, and it shall terminate no later than June 30, 2026. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicability to Original Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated November 8, 2021 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Signatures
The individuals executing this AMENDMENT NO. 4 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 4 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
345
CITY OF LATHROP — PACIFIC ADVANCED CIVIL ENGINEERING, INC.
AMENDMENT NO. 4 TO THE AGREEMENT DATED NOVEMBER 8, 2021 FOR CONSTRUCTION ADMINISTRATIVE SERVICES FOR THE CTF PHASE 3 EXPANSION — CIP WW 22- 38 Approved as to Form:
Recommended for Approval:
Approved by:
Consultant:
City of Lathrop
City Attorney
v - 7 -?o2 -
Salvador Navarrete Date
City of Lathrop
Assistant City Manager
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
Federal ID # 33- 0265538
Lathrop Business License # 20319
Signature Date
Print Name and Title
346
CITY OF LATHROP - PACIFIC ADVANCED CIVIL ENGINEERING, INC.
AMENDMENT NO. 4 TO THE AGREEMENT DATED NOVEMBER 8, 2021 FOR CONSTRUCTION ADMINISTRATIVE SERVICES FOR THE CTF PHASE 3 EXPANSION - CIP WW 22- 38 Approved as to Form:
Recommended for Approval:
Approved by:
Consultant:
City of Lathrop
City Attorney
Salvador Navarrete
City of Lathrop
Assistant City Manager
Date
Michael King
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Date
Stephen J. Salvatore Date
City Manager
Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
Federal ID # 33- 0265538
Lathrop Business License # 20319
Signature Date
Print Name and Title
347
PACE Advanced Water Engineering
AUTHORIZATION FOR CHANGE ORDER
TO: City of Lathrop— Public Works Dept. ATTN: Ken Reed
390 Towne Centre Drive DATE: August 14, 2024
Lathrop, CA 95330 PROJECT: A713 - Lathrop CTF WRF
209) 941- 7499 C. O. AUTH #: 27B — Const Admin Services — Rev. 1 The following was not included in the original contract. We are requesting authorization for additional budget.
Description of Services:
This scope of work describes the services to be rendered by PACE for construction phase support and startup services associated for the City of Lathrop Phase 3 Expansion of the Lathrop Consolidated Treatment Facility. Each task below describes the work to be completed for the City of Lathrop. PACE will provide services to assist the City and their construction manager in administering the contract for construction and responding to design and technical submittals.
Task 75. 1- Project Management for Construction Phase
Project Management: PACE shall provide project management services throughout the Project, including management of the work, monthly status reporting, document control, record keeping, and project budget and schedule tracking. PACE' sbilling statements will be submitted to the City on a monthly basis, and shall be based upon PACE' s standard invoicing format.
Document Management System and Procedures: At the request of the City, PACE will utilize ProCore software management system or will maintain hard copy records, suitably organized, of all relevant documentation.
Communications: PACE will implement and maintain regular communications with the City and their construction manager during the construction. PACE will receive and maintain documentation for all communications from the City and their construction manager. PACE will not communicate directly with the Contractor.
Construction Contract Administration: PACE is not responsible for administration of the construction contract including permits, bonds, insurance, and payments to the contractor, logging submittals and other correspondence, preparing or responding to change orders. PACE will assist the City with interpretations of the construction contract documents as requested. 17520 Newhope Street, Suite 200 1 Fountain Valley. CA 92708 P: (714) 481- 7300 F: (714) 481. 7299 1 www. pacewater. com 348
Ken Reed - City of Lathrop — Public Works Dept August 14, 2024 Phase 3 Expansion of the Lathrop CTF/ A713
Task 75. 2 - Meetings, Inspections, Calls for Construction Phase Pre -Construction Conference: Two representatives of PACE shall attend one pre -construction conference with the Contractor and construction manager.
Project Site Meetings: PACE will attend up to 20 meetings with the City and their construction manager.
Progress Conference Calls: PACE will attend by conference call minimum of monthly meetings with the City in addition to in person meetings as described herein.
Design Team Visits: PACE will coordinate up to 12 site visits by design team members to review progress and quality of the work. The visits shall observe the general quality of the work at the time of the visit and review any specific items of work that are brought to the attention of the design team members by the Authority.
Inspections and Witness Testing: PACE is not responsible for inspections or witness testing of equipment or general construction activities.
Task 75. 3 - Shop Drawings, Submittals, RFIs for Construction Phase Shop Drawings and Submittals: PACE' s design team will review up to 150 shop drawings and submittals for general conformance with the design concept and general compliance with the requirements of the contract for construction. It is not assumed that PACE will review every submittal, but instead will review only shop drawings and submittals that require technical design team review. Shop drawings and submittal review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings and submittals is free of errors, inconsistencies or omissions.
Contractor Clarifications and Requests for Information ( RFIs): PACE will review up to 150 of the Contractor' srequests for information or clarification of the contract for construction.
Task 75. 4 - Post Construction Checkout, Startup, Training Services Construction Checkout: PACE will provide a site visit for system checkout, site walk and punch list, followed by letter for substantial completion to the contractor.
Startup Services: PACE will provide 120 man hours of on -site startup support services during clean water testing and transfer of process water to the system.
Operator Training: PACE will provide a
training to the operations staff for the general sequence of operation for a period of two days.
PACE
349
Ken Reed - City of Lathrop — Public Works Dept August 14, 2024 Phase 3 Expansion of the Lathrop CTF/ A713
Project Assumptions:
The following assumptions were used when determining the compensation. These assumptions are in addition to the scope and additional services set forth in the foregoing scope of work.
1. The construction period will last less than or equal to 18 months.
2. The project will be constructed under one general contract for construction.
3. PACE will not be onsite with the exception of meetings and site visits assumed in this scope of work.
4. It is not assumed that PACE will attend regular construction progress meetings with the contractor, with the exception of conference calls and meetings assumed in this scope of work.
5. The assumed number of shop drawings and submittal reviews is presented herein.
6. Any labor and expenses required to address unforeseen considerations or additional construction requested by the Contractor would be additional costs.
7. The City will give prompt notice to PACE whenever City observes or becomes aware of any development that affects the scope or timing of PACE' s services, or of any defect in the work of PACE or the Contractor.
8. The City shall cause all agreements with the Contractor to be consistent with PACE' s Agreement.
Amount of Compensation:
This Request - Change Order # 27B: $ 375, 000
Estimated By: c ,
Andy Kom r MS, PE — PACE
AGREED TO AND ACCEPTED BY:
8/ 14/ 2024
Date
By
City of Lathrop Date
PACE
350
PACE Advanced Water Engineering
AUTHORIZATION FOR CHANGE ORDER
TO: City of Lathrop— Public Works Dept. ATTN: Ken Reed
390 Towne Centre Drive DATE: July 24, 2024
Lathrop, CA 95330 PROJECT: A713 - Lathrop CTF WRF
209) 941- 7499 C. O. AUTH #: 29 — Arnaudo Emergency Repair Svcs The following was not included in the original contract. We are requesting authorization for additional budget.
Task 78: Arnaudo Emergency Repair Services
PACE required emergency services from Arnaudo Construction to extend the section lines in each of the dechlorination chambers. Repairs were performed on a broken mixer, analyzers that were not flowing/ reading, new sample pumps which had failed, and mixed sample which required re -plumbing.
Amount of Compensation:
Arnaudo has completed the work outlined herein for the time and expense (T&E) amount of $ 13, 494. 55.
This Request - Change Order # 29: S 13, 494. 55
Estimated By: / 7/ 24/024
Andy mor, M , PE — PACE Date
AGREED TO AND ACCEPTED BY:
By
City of Lathrop Date
17520 Newhope Street, Suite 200 ! Fountain Valley. CA 92708 P: (714) 481. 7300 F: (714) 481- 7299 1 www. pacewater. com 351
ATTACHMENT" CJ "
RESOLUTION NO. 24- 5620
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO GSE CONSTRUCTION COMPANY, INC. FOR CTF PHASE 3 EXPANSION, CIP WW 22- 38, APPROVING BUDGET AMENDMENT
AND APPROVING UPDATED FUNDING AGREEMENT WITH RIVER ISLANDS
DEVELOPMENT, LLC
WHEREAS, on November 8, 2021, City Council approved the creation of Consolidated Treatment Facility ( CTF) Phase 3 Expansion, Capital Improvement Project ( CIP) WW 22- 38 (Project) to expand the treatment capacity of the existing wastewater treatment plant from 2. 5 Million Gallons per Day ( MGD) to 5. 0 MGD; and WHEREAS, on June 10, 2024, the City solicited bids for the construction of the Project pursuant to PCC 20160 and LMC 2. 36. 060; and WHEREAS, a total of seven ( 7) bids were received and opened by the City Clerk on August 6, 2024; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive Base Bid for the Project was determined to be GSE Construction Company, Inc. (GSE Construction) with a Base Bid of $39,48, 400; and WHEREAS, staff requests City Council award a construction contract to GSE Construction in the amount of $ 39,48, 400 for the construction of the Project contemplated by the Base Bid; and
WHEREAS, staff also requests Council authorize a 10% construction contingency in the amount of $ 3, 934, 840 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total construction cost not to exceed $ 42, 283,40; and
WHEREAS, pursuant to the Design and Construction Funding Agreement By and Between the City of Lathrop and River Islands Development, LLC ( River Islands) Related to the Phase 3 Expansion of the Existing Lathrop Consolidated Treatment Facility executed on February 12, 2024 ( Funding Agreement), River Islands will pay for 80% of the total project construction and construction contingency cost, which amounts to $ 34, 626, 592 based on the Project' stotal construction cost; and WHEREAS, the Funding Agreement' s payment terms for River Islands' 80% share of the construction contract plus 10% contingency cost were based upon an estimated value of $27, 500, 000; and
WHEREAS, the lowest bid for the construction of the Project submitted by GSE plus 10% contingency amounts to $ 42, 283,40, which is over 50% higher than the Funding Agreement' sestimated construction cost; and
Resolution No. 24- 5620
352
WHEREAS, staff request City Council approve an updated Funding Agreement changing the payment terms for River Islands to include an increase in the total contribution from $ 22, 000,00 to $ 34, 626, 592, and adjustment of the initial payment to $ 11, 773, 100, the six quarterly payments to $ 3, 809, 000, and the payment guarantee value to $ 10, 226, 900; and
WHEREAS, sufficient funds were not allocated to CIP WW 22- 38 in the adopted Fiscal Year 2024/5 budget for the City' s20% share of the construction cost of the Project; therefore, a budget amendment transferring $ 5,00, 000 from the Sewer Connection Fee Fund ( 6030) and $ 13, 733, 240 from the Developer Fund 2710) to the CIP Project Fund is requested as detailed below:
Increase Revenue
2710- 8000- 372- 0100 $ 13, 733, 240
Increase Transfer Out
6030- 9900-90- 9010 $ 5,00, 000
2710- 9900-90- 9010 $ 13, 733, 240
Increase Transfer In
6090- 900- 393- 0000 WW 22- 38 $ 19, 233,40
Increase Appropriation
6090- 8000- 420- 10 WW 22- 38 $ 19, 233,40
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract for $39,48, 400 to GSE Construction Company, Inc. for the construction of CTF Phase 3 Expansion, CIP WW 22- 38; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency of $ 3, 934, 840 for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment transferring $ 5,00, 000 from the Sewer Connection Fee Fund ( 6030) and $ 13, 733, 240 from the Developer Fund ( 2710) to the CIP Project Fund; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the updated Design and Construction Funding Agreement By and Between the City of Lathrop and River Islands Development, LLC ( River Islands) Related to the Phase 3 Expansion of the Existing Lathrop Consolidated Treatment Facility to replace the original Funding Agreement executed on February 12, 2024.
Resolution No. 24- 5620
353
The foregoing resolution was passed and adopted this 12th day of August 2024, by the following vote of the City Council, to wit:
AYES: Akinjo, Torres - O' Callaghan, and Dhaliwal
NOES: None
ABSENT: None
ABSTAIN: Dialio and Lazard
ATTEST:
Tere argas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
Resolution No. 24- 5620
354
ITEM 4. 18
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH
THE SUBDIVISION IMPROVEMENT AGREEMENT FOR
PARCEL MAP 21- 02, FROM YOSEMITE LATHROP 2,
LLC, LOCATED WITHIN THE LATHROP GATEWAY
BUSINESS PARK
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Associated with the Subdivision Improvement
Agreement for Parcel Map 21- 02, from Yosemite
Lathrop 2, LLC, located within the Lathrop Gateway
Business Park
SUMMARY:
Yosemite Lathrop 2, LLC, managed by Phelan Haugen Development Company Phelan), the developer for Lathrop Gateway Business Park, has completed the public improvements for Phase 2 of the Lathrop Gateway Business Park in accordance with their Subdivision Improvement Agreement ( SIA). A Vicinity Map for the improvements is included as Attachment " B".
Staff has inspected the improvements, and they have been deemed complete and in accordance with the approved plans and City specifications by the City Engineer. The approximate value of the public improvements constructed is $ 8, 907,85, as shown in the GASB 34 Report included as Attachment " C". Phelan has provided a one- year warranty bond based on 10% of the construction costs, as well as lien releases for the completed improvements.
Staff requests City Council accept the public improvements associated with the SIA for Parcel Map 21- 02 (PM 21- 02).
BACKGROUND:
On February 11, 2015, the City of Lathrop Planning Commission adopted Resolution No. 15- 03 to approve the Vesting Tentative Parcel Map for the Lathrop Gateway Business Park ( VTM- 13- 69) with Conditions of Approval for development consistent with the Lathrop Gateway Specific Plan.
On December 20, 2018, the City of Lathrop Planning Commission approved a Minor Specific Plan Amendment No. SPA - 18- 71 and Site Plan Review No. SPR- 18- 40 to construct ten ( 10) tilt -up buildings totaling approximately 3, 035,00 square feet of speculative industrial warehouse space within three phases of development.
In December 2021, City council approved PM 21- 02, establishing Phase 2 of Lathrop Gateway Business Park. As required by the City' ssubdivision ordinance, the approved parcel map included an SIA to guarantee certain public improvements. Phelan has 355
CITY MANAGER' SREPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 21- 02, FROM YOSEMITE LATHROP 2, LLC, LOCATED WITHIN THE LATHROP GATEWAY BUSINESS PARK
APPROVALS:
Bellal Nabizadah
Assistant Engineer
Brad ylor
City Engineer
Cari James
Finance Dirac or
c
Date
01/ 60- 1
Date
IOA 11, 07- 4
a / tWo2o4; 2i-(
Date
o • z • zoty
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
to. to. 24-
Stept en J. Salvatore Date
City Manager
356
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS ASSOCIATED WITH THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR PARCEL MAP 21- 02, FROM YOSEMITE LATHROP 2, LLC, LOCATED WITHIN THE LATHROP GATEWAY BUSINESS PARK
WHEREAS, on February 11, 2015, the City of Lathrop Planning Commission adopted Resolution No. 15- 03 to approve the Vesting Tentative Parcel Map for the Lathrop Gateway Business Park ( VTM- 13- 69) with Conditions of Approval for development consistent with the Lathrop Gateway Specific Plan; and WHEREAS, on December 20, 2018, the City of Lathrop Planning Commission approved a Minor Specific Plan Amendment No. SPA -18- 71 and Site Plan Review No.
SPR- 18- 40 to construct ten ( 10) tilt -up buildings totaling approximately 3, 035,00 square feet of speculative industrial warehouse space within three phases of development; and
WHEREAS, in December 2021, City council approved PM 21- 02, establishing Phase 2 of Lathrop Gateway Business Park. As required by the City' s subdivision ordinance, the approved parcel map included a SIA to guarantee certain public improvements; and
WHEREAS, Yosemite Lathrop 2, LLC ( Phelan), has completed the public improvements associated with the SIA for Parcel Map 21- 02. Completion of the public improvements listed in the GASB 34 Report ( Attachment " C" of the City Manger' s Report) fulfills the associated obligations of the SIA; and WHEREAS, the bond values and numbers are detailed in Table 1 below. Staff requests Council accept the public improvements and approve the release of the Performance and Labor & Materials Bonds and their replacement with the one- year warranty bond
Table 1 — Bond Details
Performance Bond
Number/ Value
Labor & Materials Bond
Number/ Value
Warranty Bond
Number/ Value
0136873 / $ 11, 344,75 0136873 / $ 5, 672, 188 0136873- M/ $890, 798 and
WHEREAS, staff has inspected the improvements for Phase 2 of the Lathrop Gateway Business Park and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer; and
357
WHEREAS, Phelan has submitted lien releases, the one- year warranty bond, and as -built drawings for the improvements proposed to be accepted.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements associated with the Subdivision Improvements Agreement for Parcel Map 21- 02 from Yosemite Lathrop 2, LLC, located within the Gateway Business Park.
358
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of October 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 359
ATTACHMENT
F:117projects\ 17208
Lathrop
Gateway\ Improvement
plans\ PHASE
21Exhibits117208- VICINITY
MAP- GASB
34 Phase
2. dwg
Co
0 PROJECT LOCATION
o.
SCALE: 1"= 600'
0' 300' 600'
PARCEL 3
DRAINAGE BASIN)
STORM PIPELINE
EASEMENT
LATHROP GATEWAY PHASE 2 OFFSITE IMPROVEMENTS - VICINITY MAP DATE 10/ 6/
2021 DRAWN
JOB N 0 . 17208
DESIGN
SIEGFRIED
CIVIL
STRUCTURAL
LANDSCAPE
ARCHITECTURE
SURVEYING
PLANNING
ATHLETIC FACILITY
DESIGN
3428 Brookside Road, Stockton, California 95219
209- 943- 2021 www. siegfriedeng. com Fx: 209- 942- 0214 SCALE: AS SHOWN
SHEET
1 OF: 1
360
ATTACHMhni 1
C
PHASE 2 PHELAN GATEWAY OFFSITE IMPROVEMENTS
CIVIL IMPROVEMENTS
01050 - Staking
Contract
Subtotal
02200 - Grading
Contract
CO # 2 - Provide Orange Fence around rule 20 Basin area CO # 5 - Basin Grade Touch Up
02500 - Paving
Contract
CO # 1 - Material and Fuel Escalation
CO # 2 - ( 10) Monuments
02525 - Curb N Gutter
Contract
02580 - Striping & Signage
Contract
55, 000
55, 000
983, 246
10, 363
47, 600
Subtotal 1, 041, 209
1,72, 592
254,62
8, 500
Subtotal 1, 435, 354
575, 185
Subtotal 575, 185
92, 000
Subtotal 92, 000
02830 - Fence & Gate
Contract
CO # 1 - Repairs to Fence
CO # 2 - Reinstall Damaged Fence at Basin
CO # 3 - Fire Access Gate
Subtotal
Civil Improvements Total
WET UTILITIES
139, 000
525
4, 300
6, 800
150, 625
3,49,73
02600 - Storm Drain
Contract 812, 574
Subtotal 812, 574
02700 - Sewer
Contract
CO # 2 - Dewatering Wells
CO # 3 - Approved Offsite Plans
02800 - Water
Contract
CO # 1 - Demo Existing Irrigation, Additional Valves
445, 321
438, 900
192, 34
Subtotal 1, 076, 545
Subtotal
Wet Utilities Total
743, 355
87, 039
830, 394
2, 719, 513
CITY OF LATHROP ACCEPTANCE 1 PHELAN DEVELOPMENT 1 FULLMER CONSTRUCTION 19/ 26/024 PAGE
361
1 OF 4
PHASE 2 PHELAN GATEWAY OFFSITE IMPROVEMENTS
DRY UTILITIES
02840 - Traffic Signal
Contract
CO # 1 - Traffic Signal Sign Change
16050a - Joint Trench
Contract
CO # 1 - Traffic Signal Scope Captured Twice
CO # 2 - ATT and PGE Added Scope per field meeting
CO # 3 - Rule 20 Approved Plans, Dog House Electrical Required Scope CO # 4 - Additional Signs
CO # 5 - Dog House Credit, Added Gas Valves
CO # 7 - Traffic Control per new City Spec Requirement
16050 - Electrical
Contract
CO # 11 - Dog House 600 AMP Panel
LANDSCAPING
02900 - Landscape
Contract
ADMINISTRATIVE
01570 - Traffic Control
General Conditions
Insurance
FC Fees
Design Fees
493, 625
4, 531
Subtotal 498, 156
825,70
493, 625)
14, 951
107, 335
4, 281
3, 196)
8, 027
Subtotal 463, 643
30, 228
Subtotal 30, 228
Dry Utilities Total 992, 07
188, 070
Subtotal 188, 070
Landscaping Total
Subtotal
Administrative Total
Phase 2 Grand Total
188, 070
150, 00
94, 883
50, 958
279, 373
193, 500
768,14
768,14
8, 017, 697
CITY OF LATHROP ACCEPTANCE I PHELAN DEVELOPMENT I FULLMER CONSTRUCTION 19/ 26/024 PAGE
362
2 OF 4
PHASE 2 YOSEMITE CITY REQUESTED ADDITIONAL GRIND AND OVERLAY
CIVIL IMPROVEMENTS
01050 - Staking
Contract
Subtotal
02200 - Grading
Contract
CO # 3 - Initial Scope Requested by the City
CO # 4 - Additional Full Depth Scope
02500 - Paving
Contract
CO # 3 - Initial Scope Requested by the City
CO # 4 - Additional Full Depth Scope
02525 - Curb N Gutter
Contract
02580 - Striping & Signage
Contract
CO # 3 - Additional Striping Related Added Improvements 02830 - Fence & Gate
Contract
WET UTILITIES
02600 - Storm Drain
Contract
02700 - Sewer
Contract
CO # 4 - Overlay Amount in Non City Requested Scope
02800 - Water
Contract
CO # 10 - Raise Existing Valves
180, 289
40, 943
Subtotal 221,32
532, 662
44, 891
Subtotal 577,53
Subtotal
30, 000
Subtotal 30, 000
Subtotal
Civil Improvements Total
Subtotal
Subtotal
Subtotal
Wet Utilities Total
828, 75
28, 910)
28, 910)
6,00
6,00
22, 310)
CITY OF LATHROP ACCEPTANCE I PHELAN DEVELOPMENT I FULLMER CONSTRUCTION 19/ 26/024 PAGE 3 OF 4
363
PHASE 2 YOSEMITE CITY REQUESTED ADDITIONAL GRIND AND OVERLAY
DRY UTILITIES
02840 - Traffic Signal
Contract
16050a - Joint Trench
Contract
16050 - Electrical
Contract
LANDSCAPING
02900 - Landscape
Contract
ADMINISTRATIVE
01570 - Traffic Control
General Conditions
Insurance
FC Fee
Subtotal
Subtotal
Subtotal
Dry Utilities Total
Subtotal
Landscaping Total
Subtotal
Administrative Total
Phase 2 - Yosemite City Requested Additional Grind and Overlay Grand Total 45, 838
5, 796
32, 179
83,13
83,13
890, 288
CITY OF LATHROP ACCEPTANCE I PHELAN DEVELOPMENT I FULLMER CONSTRUCTION 19/ 26/024 PAGE 4 OF 4
364
ITEM 4. 19
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH
EP NO. 2022- 98, LOCATED AT 1700 E LOUISE
AVENUE FROM CBC STEEL BUILDINGS, LLC
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2022- 98,
Located at 1700 E Louise Avenue from CBC Steel
Buildings, LLC
SUMMARY:
CBC Steel Buildings, LLC ( CBC Steel), the developer of the improvements at 1700 E Louise Avenue, has completed the sewer lateral public improvement associated with Encroachment Permit No 2022- 98 (EP 22- 98). A Vicinity Map of the improvements is included in Attachment " B".
Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and city specifications by the City Engineer. The approximate value of the public improvements constructed is $ 211,00, as shown in the GASB 34 Report included as Attachment " C". CBC Steel provided a one- year warranty bond based on 10% of the construction costs, as well as lien releases for the improvements to be accepted.
Staff requests City Council accept the public improvements associated with the EP 22- 98.
BACKGROUND:
Construction of the sewer lateral associated with EP 22- 98 is complete and the approximate value of the improvements proposed to be accepted is $ 211,00 as shown in the GASB 34 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.
CBC Steel provided a performance bond ( 800161312) with EP 22- 98 in the amount shown in Table 1 below that guaranteed the construction of the offsite improvements.
The performance bond was released, after confirming the work was complete, by the City Engineer and a one- year warranty bond, based on 10% of the construction cost, has been received. The warranty bond amount is detailed in Table 1 below. 365
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2022- 98, LOCATED AT 1700 E LOUISE AVENUE FROM CBC STEEL BUILDINGS, LLC Table 1
PAGE 2
Description Performance Bond Warranty Bond
Number & Amount
Encroachment Permit
22- 98
800161312
106, 300
800161312
21, 120
REASON FOR RECOMMENDATION:
Construction of the public improvements associated with EP 22- 98 is complete and has been inspected by City staff to ensure conformance with the approved plans. CBC Steel has submitted lien releases, a one- year warranty bond ( xxxxx), and as -built drawings for the improvements being accepted. Staff request Council accept the completed public improvements.
FISCAL IMPACT:
The one- year warranty bond covers any defective materials or workmanship in connection with the completed improvements for repairs or replacements that become necessary during the initial year of service.
The future operating and maintenance costs of these improvements will be funded by the Council - approved MWQCF Sewer Collection fund ( 6010). The public improvements listed in the GASB 34 Report detail the $ 211,00 expended. These improvements will become capital assets of the wastewater system and will be added to the City' s annual comprehensive financial reports.
ATTACHMENTS:
A. Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2022- 98, Located at 1700 E Louise Avenue from CBC Steel Buildings, LLC
B. Vicinity Map
C. GASB 34 Report - 1700 E. Louise Avenue
366
CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2022- 98, LOCATED AT 1700 E LOUISE AVENUE FROM CBC STEEL BUILDINGS, LLC APPROVALS:
Bellal Nabiza
Assistant Engineer
ly\, 1- 41) Qa
Date
Ken Reed Date
Senior Construction Manager
Brad aylor
City Engineer
Cari Jame
Finance Dir -ctor
Date
qP) /aw
Date
1c zozy
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Steen J. Salvatore Date
City Manager
367
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2022- 98, LOCATED AT 1700 E LOUISE AVENUE FROM CBC STEEL BUILDINGS, LLC
WHEREAS, construction of the sewer lateral associated with Encroachment Permit No. 2022- 98 (EP 22- 98) is complete and the approximate value of the improvements proposed to be accepted is $ 211,00as shown in the GASB 34 Report included as Attachment " C" of the City Manager' sReport that accompanies this Resolution; and
WHEREAS, CBC Steel Buildings, LLC ( CBC Steel) provided a performance bond ( 800161312) with EP 22- 98 in the amount shown in Table 1 below that guaranteed the construction of the offsite improvements. The performance bond was released, after confirming the work was complete, by the City Engineer and a oneyear warranty bond, based on 10% of the construction cost, has been received. The warranty bond amount is detailed in Table 1 below
Table 1
Description Performance Bond Warranty Bond
Number & Amount
Encroachment Permit
22- 98
800161312
106, 300
800161312
21, 120
and
WHEREAS, staff has inspected the public improvements associated with EP 22- 98 listed in the GASB 34 Report and they have been deemed complete and in accordance with the approved plans and specification by the City Engineer; and WHEREAS, CBC Steel has submitted lien releases, a one- year warranty bond, and as -built drawings, for the improvements being accepted; and WHEREAS, the one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, the future operating and maintenance costs of these improvements will be funded by the Council - approved MWQCF Sewer Collection fund 6010). The public improvements listed in the GASB 34 Report detail the $ 211,00 expended. These improvements will become capital assets of the wastewater system and will be added to the City' s annual comprehensive financial reports.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements associated with EP No. 2022- 98 from CBC Steel Buildings, LLC located at 1700 E Louise Avenue. 368
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of October 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 369
LOCATION
OFI
1700 E
LOUISE
AVE,
LATHROP,
CA
95330
VICINITY
MAP:
OFFSITE
SEWER
CONNECTION
CBC
SEWER
CONNECTION
LATHROP,
CA
h
370
ATTACHMENT
111CR
ENGINEERING
GASB Report
CBC STEEL SEWER SERVICE
Lathrop, San Joaquin County, California
NO. DESCRIPTION QU. UNIT UNIT COST AMOUNT
A. SITE PREPARATION + DEMOLITION
1. MOBILIZATION
2. SAWCUT, PAVEMENT AND CONCRETE REMOVAL
3. TRAFFIC CONTROL
B. SANITARY SEWER
1. CONNECT EXISTING BUILDING SERVICE LINES TO EXISTING
STUB AT TANK
2. EXISTING MANHOLE MODIFICATION
3. 6" SEWER SERVICE FROM MAIN TO EXISTING ONSITE SSMH
C. MISCELLANEOUS
1. 10' PAVEMENT REHABILITATION ( 9.5" AC OVER 11. 5" AB)
2. STRIPING
3. TRAFFIC SIGNAL LOOP REINSTALLATION ( MIN. 2 LOOPS)
4. CONCRETE CURB, GUTTER, AND SIDEWALK REPLACEMENT
5. LANDSCAPED AREA RESTORATION
6. TEMPORARY SECURITY FENCING
D ENGINEERING
1. MCR INVOICES THROUGH 9/ 30/ 222
2. MCR INVOICE FOR OCTOBER AND NOVEMBER 2022
3. MCR WORK TO DATE IN DECEMBER 2022
E CHANGE ORDERS
1. NIGHT WORK
2. BOND FEES
1 1
68 33
1 1
1 1
1 LS
LS
LS
LS
EA
LF
LF
LS
LS
LS
LS
LS
1 LS
1 LS
1 LS
1 LS
1 LS
9, 500. 0
10, 000.
20, 000.
SUB -TOTAL
21, 736. 00
1,50. 0
627. 00
SUB -TOTAL
794. 00
7, 230. 0
9, 180. 0
12, 500. 0
15, 000.
8, 125. 00
SUB -TOTAL
9, 750. 0
3, 610. 0
1, 410. 0
SUB -TOTAL
10, 000.
3, 171. 00
SUB -TOTAL
CONSTRUCTION TOTAL
9, 500. 0
10, 000.
20, 000.
39, 500. 0
21, 736. 00
1,50. 0
42, 636. 00
65, 522. 00
26,02. 00
7, 230. 0
9, 180. 0
12, 500. 0
15, 000.
8, 125. 00
78, 237. 00
9, 750. 0
3, 610. 0
1, 410. 0
14, 770. 0
10, 000.
3, 171. 00
13,71. 00
211,00. 0
9/ 24/024 1 of 1 MCR Engineering, Inc.
371
PAGE LEFT
INTENTIONALLY
BLANK
372
ITEM 4. 20
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
STOCKBRIDGE GENERAL CONTRACTING, INC. FOR
CIP PK 20- 02, MILESTONE PARK IMPROVEMENTS
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Stockbridge General Contracting,
Inc. for CIP PK 20- 02, Milestone Park Improvements
and Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Stockbridge General Contracting, Inc. (Stockbridge) has completed the construction of CIP PK 20- 02, Milestone Park Improvements ( Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Stockbridge has submitted lien releases confirming all subcontractors and suppliers have been paid in full and provided a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff requests City Council accept the completed improvements constructed by Stockbridge for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Stockbridge of $ 60, 167 within forty-ive (45) days after recording the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On March 13, 2023, City Council awarded a construction contract to Stockbridge for the construction of the Project in the amount of $1,93, 908, with a 15% construction contingency of $ 179, 086 for staff to use as necessary to achieve the goals of the Project. The Project scope included demolition of some existing features, construction of a new retention basin spillway and installation of numerous park amenities, including a play structure with rubberized surfacing.
Contract change orders totaling $ 17, 301 were issued during the construction of the project; therefore, the final contract price of the Project is $ 1, 211,09.
Upon acceptance of the improvements, the performance bond ( Bond No. 9406094, 1,93, 908) and payment bond ( Bond No. 9406094, $1,93, 908) will be released and replaced with a one- year warranty bond ( Bond No. 9406094, $ 119, 31). The one- year warranty bond covers any repairs or replacements that may become 373
CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY STOCKBRIDGE GENERAL CONTRACTING, INC. FOR CIP PK 20- 02, MILESTONE PARK IMPROVEMENTS necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements.
Stockbridge has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Stockbridge for CIP PK 20- 02, Milestone Park Improvements. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Stockbridge for $ 60, 167 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
Stockbridge has completed the Project pursuant to the contract documents dated November 14, 2022. Staff inspected the improvements and they have been deemed complete and in accordance with the plans and specifications approved by the City Engineer.
Stockbridge 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 sub - contractors 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 Stockbridge for the Project is $ 1, 211,09.
Adequate funds have been allocated in the FY 2024-5 budget to close out CIP PK 20- 02, Milestone Park Improvements. With the completion of the Project, staff requests that unused funds be transferred back to the original funding sources.
ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by Stockbridge General Contracting, Inc. for CIP PK 20- 02, Milestone Park Improvements, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - CIP PK 20- 02, Milestone Park Improvements 374
CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY STOCKBRIDGE GENERAL CONTRACTING, INC. FOR CIP PK 20- 02, MILESTONE PARK IMPROVEMENTS APPROVALS:
Steven Hollenbeak Date
Assistant Engineer
Q- ao-, 2d2y
Ken Reed Date
Senior Construction Manager
BracYfaylor
City Engineer
Cari J
Finance ctor
1 Date
o/ 1/ 2.(> 1,4
0131? - o0
Date
Michael King Date
Assistant City Manager
10 • Z. • Zo2y
J—& sz- A(
Salvador Navarrete Date
City Attorney
10. it/
Step en J. Salvatore Date
City Manager
375
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
PUBLIC IMPROVEMENTS CONSTRUCTED BY STOCKBRIDGE GENERAL
CONTRACTING, INC. FOR CIP PK 20- 02, MILESTONE PARK IMPROVEMENTS
AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, RELEASE OF
CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on March 13, 2023, City Council awarded a construction contract to Stockbridge General Contracting, Inc. (Stockbridge) for CIP PK 20- 02, Milestone Park Improvements ( Project) in the amount of $ 1,93, 908 with a 15% construction contingency of $ 179, 086 for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of demolition of some existing features and installation of updated retention spillway and other park amenities at Milestone Park; and
WHEREAS, during construction, contract change orders totaling $ 17, 301 were issued, for a final contract cost of $ 1, 211,09; 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, Stockbridge 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. 9406094, $ 1,93, 908) and payment bond ( Bond No. 9406094, $1,93, 908) will be released and replaced with a one- year warranty bond ( Bond No. 9406094, $ 119, 31) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, adequate funds have been allocated in the FY 2023-4 budget for CIP PK 20- 02 to close out the Project. With the completion of the Project, staff requests that unused funds be transferred back to the source Fund; and WHEREAS, staff requests City Council accept the public improvements constructed by Stockbridge for CIP PK 20- 02, Milestone Park Improvements; and WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to 376
Stockbridge in the amount of $ 60, 561 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 accept the completed public improvements constructed by Stockbridge for CIP PK 20- 02, Milestone Park Improvements, pursuant to the contract documents dated March 13, 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 Stockbridge, in the amount of $ 60, 561 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the transfer of unused funds back to the original funding source. 377
The foregoing resolution was passed and adopted this 14th day of October, 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 378
ATTACHMENT
a
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees ( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' 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, ifthere 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 14th day of October, 2024 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: Stockbridge General Contracting, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Stockbridge General Contracting, Inc. 2972 Larkin Ave. Clovis, CA 93612
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:
CIP PK 20- 02 Milestone Park Improvements
That the undersigned has knowledge of the contents herein and states under penalty ofperjury that the foregoing is true and correct.
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
By:
Teresa Vargas, City Clerk Date
379
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated October 14, 2024 by Stockbridge General Contracting, 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 October 14, 2024, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
380
ITEM 4. 21
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
TIM PAXINS PACIFIC EXCAVATION INC. FOR THE
INSTALLATION OF TRAFFIC SIGNAL NETWORK
CABINETS, CIP PS 23- 01, APPROVE CONTRACT
CHANGE ORDER NO. 2, AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Tim Paxin' s Pacific Excavation Inc.
for the Installation of Traffic Signal Network
Cabinets, CIP PS 23- 01, and Authorize the Filing of a
Notice of Completion, Release of Contract Retention,
Release of Performance, Payment Bonds, Approve
Contract Change Order No. 2 and Approve Budget
Amendment
SUMMARY:
Tim Paxins Pacific Excavation, Inc. ( Pac Ex) has successfully completed the construction of improvements, and the installation of Traffic Signal Network Cabinets associated with Capital Improvement Project ( CIP) PS 23- 01 (Project). This work included the construction of concrete pedestals and installation of network cabinets at various locations to house communication systems, which enable the traffic signals to connect to the City' s network. Staff inspected the work, and the City Engineer has deemed the improvements complete and in accordance with the approved plans and specifications.
Staff requests that City Council accept the improvements constructed by Pac Ex and authorize the filing of a Notice of Completion with the San Joaquin County Clerk.
Additionally, staff requests approval for the release of the contract retention, totaling 16, 691. 55, to Pac Ex within forty-ive (45) days of recording the Notice of Completion and the release of performance and payment bonds. As part of the acceptance process, Pac Ex has submitted a one- year warranty bond ( equal to 10% of the construction contract)
Staff also requests that the City Council approve balancing Change Order ( CCO# 2) and authorize a budget amendment of $ 55, 415. 52 from the General Fund Street Reserves ( 1010) to cover the cost of the balancing change order No. 2.
CCO # 2 addresses unexpected site conditions that were not visible during the planning and design stages. These conditions, which were critical to resolve in order to maintain the integrity of the project, led to an increase in costs. Most of the cost overrun is for additional conduit around existing infrastructure to be able to get to the network cabinets.
381
CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TIM PAXINS PACIFIC EXCAVATION INC. FOR THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01, AND APPROVE CONTRACT CHANGE ORDER NO. 2
AND APPROVE BUDGET AMENDMENT
BACKGROUND:
On July 11, 2022, City Council approved the creation of Capital Improvement Project CIP) PS 23- 01 for City -Wide Traffic Systems and Safety Upgrades Project for various upgrades that will maintain and improve the reliability, safety and function of various traffic control devices. CIP PS 23- 01 included the installation of 17 new City provided NEMA 3) traffic signal network cabinets for various traffic intersections throughout the City to provide City network connection at the major intersections. The new traffic signal network cabinets will house the equipment necessary to connect the intersection cameras, traffic signal controller, and Iteris detection systems to the City' s network for monitoring, maintenance and optimization.
Staff requests City Council accept the improvements constructed by Pac Ex for CIP PS 23- 01, authorize the filing of a Notice of Completion with the San Joaquin County Clerk, approve the release of contract retention to Pac Ex for $ 16, 691. 55 within fortyfive ( 45) days after the recording of the Notice of Completion, and approve the release of performance and payment bonds.
Upon acceptance of the improvements, the performance bond ( Bond No. CA4724559, 135, 825) and payment bond ( Bond No. CA4724559, $135, 825) will be released and replaced with a one- year warranty bond ( Bond No. CA472559, $ 33,83. 10). 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.
Pac Ex has also provided the necessary lien releases for the materials supplied and completed work.
Council previously approved Change Order CCO No. 1 for $ 120, 00 during the project' sconstruction. Now, staff is requesting approval for Change Order CCO No. 2 to cover additional work due to unexpected site conditions, resulting in a final contract amount for the project of $ 333, 81. 04.
REASON FOR RECOMMENDATION:
Pac Ex has completed construction of the Project pursuant to the contract documents dated December 12, 2022. Staff inspected the improvements, and they have been deemed complete and in accordance with the plans and specifications approved by the City Engineer.
Pac Ex 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, 382
CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TIM PAXINS PACIFIC EXCAVATION INC. FOR THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01, AND APPROVE CONTRACT CHANGE ORDER NO. 2
AND APPROVE BUDGET AMENDMENT
beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.
Upon council approval, the performance bond and payment bond will be released and replaced with the one- year warranty bond upon City Council' sacceptance of the improvements.
FISCAL IMPACT:
Staff requests that City Council approve balancing Change Order No. 2 and authorize a budget amendment of $ 55, 415. 52from the General Fund Street Reserves ( 1010) to fund the balancing change order. The final construction contract amount with Pacific Excavation for the Project is $ 333, 81. 04.
Decrease Street Reserves
1010- 251- 03-0 $ 55, 415. 52
Increase Transfer Out
1010- 9900-90- 9010 $ 55, 415. 52
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 01 $ 55, 415. 52
Increase Appropriation
3310- 8000- 430- 37- 00 (Materials) PS 23- 01 $ 55, 415. 52 ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Tim Paxin' s Pacific Excavation Inc. for the Installation of Traffic Signal Network Cabinets, CIP PS 23- 01, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, Release of Performance and Payment Bonds, Approve Contract Change Order No. 2 and Approve Budget Amendment
B. Notice of Completion - CIP PS 23- 01, The Installation of Traffic Signal Network Cabinets.
C. The installation of Traffic Signal Network Cabinets CIP PS 23- 01 Contract Change Order No. 2
383
CITY MANAGER' SREPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TIM PAXINS PACIFIC EXCAVATION INC. FOR THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01, AND APPROVE CONTRACT CHANGE ORDER NO. 2
AND APPROVE BUDGET AMENDMENT
APPROVALS:
i/7/ di, 111
Carlos Carrillo Date
Management Analyst
Ken Reed Date
Senior Construction Manager
Brad Liaylor
City Engineer
Date
ID R - 6,) 0a29
1 oiss/ 7ov- I
0 / alb 02, Y
Cari James Date
Finance Director
Michael King Date
Assistant City Manager
0-8• tovl
C) —
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
384
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
PUBLIC IMPROVEMENTS CONSTRUCTED BY TIM PAXIN' S PACIFIC EXCAVATION INC. FOR THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01, AND AUTHORIZE THE FILING OF A NOTICE OF
COMPLETION, RELEASE OF CONTRACT RETENTION, RELEASE OF
PERFORMANCE AND PAYMENT BONDS, APPROVE CONTRACT CHANGE ORDER NO. 2 AND APPROVE BUDGET AMENDMENT
WHEREAS, on July 11, 2022, City Council approved the creation of Capital Improvement Project ( CIP) PS 23- 01 for City -Wide Traffic Systems and Safety Upgrades Project for various upgrades that will maintain and improve the reliability, safety and function of various traffic control devices; and WHEREAS, CIP PS 23- 01 included the installation of 17 new City provided NEMA 3) traffic signal network cabinets for various traffic intersections throughout the City to provide City network connection at the major intersections.; and WHEREAS, Tim Paxins Pacific Excavation, Inc. (Pac Ex) has successfully completed the construction of improvements and installation of the installation of Traffic Signal Network Cabinets associated with Capital Improvement Project ( CIP) PS 23- 01 (Project); and
WHEREAS, staff inspected the work, and the City Engineer has deemed the improvements complete and in accordance with the approved plans and City specifications; and
WHEREAS, staff requests that the City Council accept the improvements constructed by Pac Ex and authorize the filing of a Notice of Completion with the San Joaquin County Clerk; and
WHEREAS, staff requests approval for the release of the contract retention, totaling $ 16, 691. 55, to Pac Ex within forty-ive (45) days of recording the Notice of Completion and the release of performance and payment bonds; and WHEREAS, Pac Ex 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 sub - contractors and suppliers have been paid in full.
WHEREAS, 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 improvement; and
WHEREAS, upon acceptance of the improvements, the performance bond Bond No. CA4724559, $ 135, 825) and payment bond ( Bond No. CA4724559, 135, 825) will be released and replaced with a one- year warranty bond ( Bond No.
CA472559, $33,83. 10); and
385
WHEREAS, staff is requesting that the City Council approve balancing Change Order ( CCO# 2) and authorize a budget amendment of $ 55, 415. 52 from the General Fund Street Reserves ( 1010) to fund the balancing change order. The final construction contract amount with Pacific Excavation for the Project is $ 333, 81. 04; and
Increase Transfer Out
1010- 9900-90- 9010 $ 55, 415. 52
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 01 $ 55, 415. 52
Increase Expenditures
3310- 8000- 430- 37- 00 (Materials) PS 23- 01 $ 55, 415. 52 Decrease Reserve
1010- 251- 03-0 $ 55, 415. 52
WHEREAS, CCO # 2 addresses unexpected site conditions that were not visible during the planning and design stages. These conditions, which were critical to resolve in order to maintain the integrity of the project, led to an increase in costs; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approve a budget amendment of $ 55, 415. 52from the General Fund Street Reserves ( 1010) to fund the balancing change order ( CCO# 2); and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves a balancing change order ( CCO# 2) in the amount of $55, 415. 52; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by Pac Ex for CIP PS 23- 01; 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 Pac Ex, in the amount of $ 16, 691. 55 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds. 386
The foregoing resolution was passed and adopted this 14th day of October, 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 387
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees ( GC 11922)
ATTACHMENT " 13
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co -owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co - owners is:
Project No. CIP PS 23- 01 Installation ofTraffic Signal Network Cabinets, by Tim Paxins Pacific Excavation, Inc.
4. That on the 14th day of October 2024 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: Pacific Excavation, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Tim Paxins Pacific Excavation, Inc. 796 Kent Street, Elk Grove, CA 95624
7. That the real property herein referred to is situated in the State of California, and is described as follows:
City of Lathrop County of San Joaquin,
Project No. CIP PS 23- 01 Installation of Traffic Signal Network Cabinets
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge ofthe contents herein and states under penalty ofperjury that the foregoing is true and correct.
By:
Teresa Vargas, City Clerk Date
388
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated September 18, 2024 by Installation of Traffic Signal Network Cabinets, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf ofthe City Council pursuant to authority conferred by minute action of the City Council adopted on October 14, 2024, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
389
EXCAVATION INC.
September 18, 2024
City of Lathrop
Re: CIP 23- 01 Installation of Traffic Signal Network Cabinets Subject: Letter of Completion
The intent of this letter is to inform you that Pacific Excavation, Inc has completed the project listed above. We request the City' s acceptance of the work completed per plans and specs along with extra work at force account totaling $333, 81. 03.
If you have any questions regarding the above, please feel free to call me.
Respectfully submitted,
Prescilla Gastelum
Corporate Secretary
390
CONSENT OF
SURETY COMPANY
TO FINAL PAYMENT
DOCUMENT G707A! A
OWNER
ARCHITECT
CONTRACTOR
SURETY - X
OTHER
Bond No. CA4724559
PROJECT: Installation of Traffic Signal Network Cabinets, CIP PS 23- 01 name, address)
TO ( Owner)
City of Lathrop
CONTRACTOR
Tim Paxin' sPacific Excavation, Inc.
ARCHITECT' SPROJECT NO:
CONTRACT FOR:
CONTRACT DATE: December 12, 2022
In accordance wkh the provisions of the Contract between the Owner and the Contractor as indicated above, the Owe mead new and address of UGLY Comps*
Great American Insurance Company , SURETY COMPANY,
301 E 4th Street Cincinnati, OH 45202
on bond of ( here insert name and address of Contractor) Tim Paxin' sPacific Excavation, Inc., 9796 Kent St., Elk Grove, CA. 95624 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to were limed name and address aOwner) City of Lathrop, 390 Towne Center Dr., Lathrop, CA. 95330 , OWNER, As set forth in the said Surety Company' sbond.
IN WITNESS WHEREOF,
the Surety Company has hereunto set its hand this
Attest:
Seal):
18 day of September, 2024 19
Great American Insurance Company
Surety Company
James D. Einerson, Attorney -in -Fact
AIA DOCUMENT 6107 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1070 EDITION • MAO 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW. WASHINGTON. D. C. 20000 S- 4869
ONE PAGE
391
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 California
County of Sacramento
On Sept. 18, 2024 before me,
Gail C. Einerson, Notary Public
insert name and title of the officer)
personally appeared James D. Einerson, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is/ doe subscribed to the within instrument and acknowledged to me that he/ pie/ tl.c executed the same in his/ korltbrair authorized capacity( iw), and that by his/ l /tMMir signature( y on the instrument the person(!, or the entity upon behalf of which the person( 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.
WITNESS my hand and official seal.
Signature Seal)
GAIL. C.
0 ; ... COMM. # EINERSON; 2489029
2 {: r,1 SACRAMENTO COUNTY
0 NOTARY PUBLIC • CALIFORNIA
O
COMM. EXPIRES MAY 3 2028''
392
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513- 369- 5000 • FAX 513- 723- 2740 The number of persons authorized by
this power of attorney is not more than THREE
No. 0 14660
POWER OF ATTORNEY
KNOWALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State ofOhio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf ofthe said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
JAMES D. EINERSON
GAIL C. EINERSON
MICHELLE FURNO
Address Limit of Power
ALL OF ALL
GOLD RIVER. CALIFORNIA $ 100, 00,00
This Power ofAttorney revokes all previous powers issued on behalfofthe attorney( s)- in- fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2ND day of DECEMBER 2020 Attest _ GREAT AMERICAN INSURANCE COMPANY
Assistant Secretary Divisional Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 2ND day of DECEMBER , 2020 , before me personally appeared MARK VICARIO, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President ofthe Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal ofthe said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the 13y - Laws of said Company, and that he signed his name thereto by like authority.
SUSAN A KONORST
Notary Public
State of Ohio
My Comm. Expires
May 18, 2025
MARK VICARIO ( 877377- 2405)
S4- oct- a ar01- 4410y
This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors ofGreat American Insurance Company by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one ofthem, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalfofthe Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits oftheir authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary ofthe Company ntay be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary ofGreatAmerican Insurance Company, do hereby certify that the foregoing Power ofAttorney and the Resolutions ofthe Board ofDirectors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 18 day of September , 2024
Assistant
Lew3
Secretary
es_
51028AH ( 03/ 20)
393
Job # 23-248
CONDITIONAL WAIVER AND RELEASE UPON 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: PACIFIC EXCAVATION INC
Name of Customer: CITY OF LATHROP
Job Location: CIP 23- 01 INSTALL TRAFFIC SIGNAL NETWORK CABINETS 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: $ 69, 336.0
Check Payable to: PACIFIC EXCAVATION INC
EXCEPTIONS
This document does not affect any of the following:
Disputed claims for extras in the amount of:
SIGNATURE
Claimant' sSignature:
Claimant' sTitle:
Date of Signature
FORM R103 rev 07-2- 12
0 CORPORATE SECRETARY
9/ 18/ 2024
394
DocuSign Envelope ID: A96F5264- C7FC- 415A- 97DA- 45CD1 F 1 CD827 SECTION 00670
THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS CIP PS 23- 01
CUPCCAA INFORMAL BID SOLICITATION GUARANTY
Bond No: CA4724559
Premium: $ 0
Contract No: CIP PS 23- 01
GUARANTY ( WARRANTY) BOND
KNOW ALL PERSONS BY THESE PRESENTS, that
WHEREAS, the CITY OF LATHROP, ( hereinafter referred to as " City") and Tim Paxin' sPacific Excavation, Inc. , ( hereinafter referred to as " Principal") have entered into an Agreement (" Contract") for THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01, 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 [$ 33,83. 10 ] 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 . Great American Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of Thirty- three thousand three hundred eighty- three & 1 W1ooDollars ($ 33,83. 10 ) lawful money of the United 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 if Principal 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 of the 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.
Surety shall provide Citywith thirty ( 30) days' written notice ofPrincipal' sdefault prior to Surety terminating, suspending or revoking the bond.
00670- 2
395
DocuSign Envelope ID: A98F5264- C7FC- 415A- 97DA- 45C01F1CDB27 SECTION 00670
THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS CIP PS 23- 01
CUPCCAA INFORMAL BID SOLICITATION GUARANTY
The Surety hereby stipulates and agrees that no change, extension oftime, 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 day of September 19 , 2014 the 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.
Tim Paxin' sPacific Excavation, Inc.
Note:
To be signed by Principal
and Surety and acknowledgment and
notarial seal attached.
Principal)
Signature
Print Name and Title
Great American Insurance Company
Surety)
301 E 4th Street Cincinnati, OH 45202
Address
James D. Einerson, Attorney -in -Fact
END OF SECTION)
Print Name and Title
00670- 3
396
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 California
County of Sacramento
On Sept. 19, 2024 before me,
Gail C. Einerson, Notary Public
insert name and title of the officer)
personally appeared James D. Einerson, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(*) whose name() is/:
subscribed to the within instrument and acknowledged to me that he/ siNtirp executed the same in his/ lrrrtily r authorized capacity**), and that by his/ gR/ tieip signature($ on the instrument the person( y, or the entity upon behalf of which the person(, 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.
WITNESS my hand and official seal.
Signature 6;$ 1. XIS. 441)( Seal)
GAIL C. EINERSON Y
COMM. # 2489029
NOTARY PUBLIC - CALIFORNIA ,
SACRAMENTO COUNTY 0
COMM. EXPIRES MAY 3 2028'
397
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513- 369- 5000 • FAX 513- 723- 2740 The number of persons authorized by
this power of attorney is not more than THREE
No. O 14660
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue ofthe laws ofthe State ofOhio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney - in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
JAMES D. EINERSON
GAIL C. EINERSON
MICHELLE FURNO
Address Limit of Power
ALL OF ALL
GOLD RIVER, CALIFORNIA $ 100, 00,00
This Power of Attorney revokes all previous powers issued on behalfof the attomey( s)- in- fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2ND day of DECEMBER 2020 .
Attest GREAT AMERICAN INSURANCE COMPANY
Assistant Secretary
1109
Divisional Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss:
MAR}< VICARIO ( 877- 3n- 2405)
On this 2ND day of DECEMBER , 2020 , before me personally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
SUSAN A KONORST
Notary Public
State of Ohio
My Comm. Expires
May $ 8, 2025
a 444442y
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys - in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary ofthe Company may be affixed by facsimile to any power of attorney or certicate ofeither given for the execution ofany bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal ofthe Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 19 day of September , 2024
e.
Assistant Secretary
S1029AH ( 03/ 20)
398
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 California
County of Sacramento
On September 20th, 2024 before me,
Michelle L. Pereira ( Notary Public)
insert name and title of the officer)
personally appeared Prescilla Gastelum
who proved to me on the basis of satisfactory evidence to be the persorl( s) whose namejipyis/' subscribed to the within instrument and acknowledged to me that be/ she/ tbeyexecuted the same in big/ her/ tl authorized capacityLies), and that by, ais/ her/ tbetr signatures on the instrument the person $, or the entity upon behalf of which the person( siacted, 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.
WITNESS my hand and official seal.
Signature' Z,( i Seal)
MICHELLE L. PEREIRA
Notary Public - California
Sacramento County g
Commission # 2464892 i
My Comm. Expires Oct 27, 2027
399
ATTACHMENT" C
0 CHANGE ORDER NO. 2
CIP PS 23- 01 Contract Change Order No. 2 City of Lathrop CONTRACT CHANGE ORDER NO. 2
CIP PS 23- 01
Contractor: Tim Paxin' s Pacific Excavation
Address: 9796 Kent Street
Elk Grove, CA 95624
Change Order Date
Contract Execution Date:
Notice to Proceed Date:
September 20, 2024
December 12, 2022
February 3, 2023
Pursuant to your request and the provisions of the Contract Specifications, City agrees to revise line items as detailed in Attachment 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 Tim Paxin' sPacific Excavation dated December 12, 2022.
I. CHANGES IN THE SPECIFICATIONS
None
11. ADDITION( S) TO CONTRACT
Additional $ 55, 415. 52to total cost of contract due to bid Item overages and extra work. Refer to Attachment A: Balancing Change Order Summary
CHANGE ORDER NO. 2 55, 415. 52
400
CHANGE ORDER NO. 2
CIP PS 23- 01 Contract Change Order No. 2 City of Lathrop
DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.
TIME OF COMPLETION
Complete
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.
Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:
A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.
END OF SECTION)
401
CHANGE ORDER NO. 2
CIP PS 23- 01 Contract Change Order No. 2 City of Lathrop Approved As
To Form:
Recommended
By:
Approved By:
Accepted By
Contractor:
Salvador Navarrete
City Attorney
City of Lathrop
Michael King
Assistant City Manager
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
m Paxin dba Pacific Excavation
e -S CLi _. g S -k-e, 1, ckr,,
Print Name and Title Ce _`l^ $
o
Date
Date
Date
Date
402
ATTACHMENT A
BALANCING CONTRACT CHANGE ORDER SUMMARY
CIP PS 23- 01 INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS Bid Item List Quantity
Pacific Excavation, Inc.
ORIGINAL ESTIMATED COST FINAL COST
Unit Unit Cost Subtotal Quantity J
Subtotal Difference
1 Mobilization @ 17 Locations 1 LS 12, 750. 0 12, 750. 0 1 12, 750. 0 0.0 2 Traffic Control System 1 LS 8, 500. 0 8, 500. 0 1 58,00. 0 0.0 3 Provide ESCP 1 LS 2, 500. 0 52,00. 0 1 2, 500. 0 50. 00 4 Concrete Foundation 13 EA 500. 00 56,00. 0 13 56,00. 0 0.0 5 Concrete Pedestal 15 EA 1, 250. 0 18, 750. 0 15 518, 750. 0 0.0 5A Install City Provided Nema 3 Cabinet 17 EA 400. 00 56, 800. 0 18 7, 200. 0 5400. 0 6 Supply Cabinet Cooling Fan 17 EA 500. 00 58,00. 0 21 10, 500. 00 2, 000. 7 Supply & Install Breaker 17 EA 175. 00 2, 975. 00 21 53, 675. 00 700. 00 8 Supply & Install Receptacle 17 EA 250. 00 4, 250. 0 21 5, 250. 0 1, 000. 9 Ground Bus Bar 17 EA 250. 00 4, 250. 0 21 5, 250. 0 51, 000. 10 Supply & Install Ground Rod 8' 17 EA 250. 00 4, 250. 0 17 54, 250. 0 0.0 11 2" Conduit Run from Tesco to Box 150 LF 210. 00 531,00. 0 160 533, 600. 0 2, 100. 0 12 3" Conduit Run from Box to Controller 150 LF 275. 00 41, 250. 0 160 544, 000. 2, 750. 0 13 Supply and Intrall 120V 10 THWN 100 LF 30. 00 3, 000. 1040 531, 200. 0 528, 200. 0 14 Irrigation Control Codification 1 LS 3, 800. 0 3, 800. 0 1 53, 800. 0 0.0 Subtotal 159, 575. 00 Subtotal 197, 725. 00 38, 150. 0
Contract Change Orders
CCO 1 Mics. Work LS 1 5120, 000. 1 120, 00. 120, 00.
CCO 2 Mics. Work LS 1 16,06. 04 1 16,06. 04 16,06. 04
Subtotal Subtotal 136,06. 04
Subtotal CCO + Ovarage on Contract Unit Prices ($ 38, 150 + $136,06. 04) $ 174, 256. 04 TOTAL ($ 159, 575 + $174, 256. 04) $ 333, 81. 04
403
SUMMARY
Original Contract Price
Approved Contract
Contract Change at Unit Price
Contract Change Orders
Subtotal for extra work
Approved Contingency
Approved Supplemental Contingency
Approve° c. onungency TOr Project
Total Approved Contingency
Total amount owed to contractor ($ 159, 579 +$174, 256. 04) Current Approved Budget ($ 135, 825+$ 140, 374)
Supplemental Budget
Current Budget including Supplemental
159, 575. 00
135, 825. 00
38, 150. 0
136,06. 04
174, 256. 04
20, 374. 00
120, 000.
1r4,Sb. U4
140, 374. 00
333, 81. 04
276, 199. 00
52, 216. 52
5278, 415. 52
Remaining Balance Owed to Contractor 555, 415. 52 !
Acceptance by Contractor:
1 have examined the quantities of contract items and amounts indicated as payment for extra work and deductions on the proposed final estimate. I agree to accept the total of 333. 81. 04 as Indicated, as total amount earned for all work performed on the above contract, except as may be indicated below.
Exceptions (check one)
None
As Indicated on the attached letter dated:
RECOMMENDED: 4PQ*,), DYN
APPROVED:
Pacific Excavation, Inc.
Cor P-O0
j ' 2_4
oQ to -S- 2°. L\
Ken Reed, Construction Manager Date
0// 2024/
rarTayl• PE., City Engineer Date
404
ITEM 4. 22
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
MG AND JC CONCRETE, INC. FOR RECONSTRUCTION
OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS,
CIP PS 24- 07, RATIFY CONTRACT CHANGE ORDER
NO. 1, AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by MG and JC Concrete, Inc. for
Reconstruction of Mossdale Elementary School Curb
Ramps, CIP PS 24- 07, to Ratify City Manager' s
Action
to Execute Contract Change Order No. 1, and to
Approve Budget Amendment
SUMMARY:
To enhance and increase the safety of the pedestrian facilities adjacent to Mossdale Elementary School, the school requested the City to construct sidewalk and curb ramp improvements. Staff completed this work through Capital Improvement Project CIP) PS 24- 07 Traffic Calming, for the curb ramps reconstruction at Mossdale Elementary School ( Project), which consisted of the following:
Remove and replace two ( 2) curb ramps at the semi -circular driveway west of the Mossdale Elementary School on Golden Spike Trail
Remove and replace two ( 2) curb ramps at the southwest and southeast corners of McKee Boulevard and Crescent Moon Drive
Remove existing striping and install a new southerly crosswalk at McKee Boulevard and Crescent Moon Drive
Staff prepared and advertised the bid solicitation package with plans and specifications in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. 060. The City received and opened five ( 5) bids that upon review and evaluation, the lowest responsive and responsible bidder was determined to be MG and JC Concrete, Inc. with a bid of 46, 313.
During construction, the northwest and northeast corners of McKee Boulevard and Crescent Moon Drive were inspected and determined noncompliant with current American with Disabilities Act ( ADA) requirements. MG and JC Concrete, Inc. submitted a quote to install these two ( 2) additional ramps, remove and replace curb, gutter, sidewalk, and restripe the entire McKee Boulevard and Crescent Moon Drive intersection.
405
CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND JC CONCRETE, INC. FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24- 07, RATIFY CONTRACT CHANGE ORDER NO. 1, AND
APPROVE BUDGET AMENDMENT
The additional work resulted in Contract Change Order ( CCO) No. 1 for $ 47, 191 for a total construction cost of $ 93, 504. To avoid any delay in completing the Project prior to students returning to school from spring break, CCO No. 1 was issued using City Manager' ssigning authority. Staff is requesting Council action to execute CCO No. 1 with MG and JC Concrete, Inc. for $ ratify
47, 191.
the City Manager' s
Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. MG and JC Concrete, Inc. has submitted lien releases, confirming all sub -contractors and suppliers have been paid in full, and a one- year maintenance bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff requests City Council accept the improvements constructed by MG and JC Concrete, Inc. for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to MG and JC Concrete, Inc., in the amount of $ 4, 676 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
Manteca Unified School District ( MUSD) entered into a reimbursement agreement to reimburse the City $ 20, 000 of the Project cost. The City' s contribution for construction of the Project is therefore a net of $ 73, 504. Sufficient funds were not allocated in the approved Fiscal Year 24-5 budget, thus staff is also requesting the approval of a budget amendment transferring $74, 000 from the Gas Tax Fund - HUTA 2030) to the CIP Project Fund ( 3310).
BACKGROUND:
McKee Boulevard and Crescent Moon Drive is a three- way stop intersection that fronts an emergency driveway at the Mossdale Elementary School. This intersection is heavily used by students from Mossdale residential area east of McKee Boulevard. To enhance the safety of pedestrians crossing, the Mossdale Elementary School requested the City to install a new crosswalk at the south crossing leg of this intersection. In addition, the Principal requested the removal and replacement of two ( 2) additional ramps at the semi -circular driveway on Golden Spike Trail.
Staff prepared and advertised the bid solicitation package with plans and specifications in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. 060. The City received and opened five ( 5) bids that upon review and evaluation, the lowest responsive and responsible bidder was determined to be MG and JC Concrete, Inc. with a bid of 46, 313.
406
CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND JC CONCRETE, INC. FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24- 07, RATIFY CONTRACT CHANGE ORDER NO. 1, AND
APPROVE BUDGET AMENDMENT
During construction, the northwest and northeast corners of McKee Boulevard and Crescent Moon Drive were inspected and determined noncompliant with current ADA requirements. MG and JC Concrete, Inc. provided a quote to install these two ( 2) additional ramps, remove and replace 615 square feet of curb, gutter, and sidewalk, and restripe the entire McKee Boulevard and Crescent Moon Drive intersection.
The additional work resulted in Contract Change Order ( CCO) No. 1 for $ 47, 191 for a total construction cost of $ 93, 504. To avoid any delay in completing the Project prior
signing
to
authority.
students returning
Staff requests
to school,
Council
CCO
ratify
No.
the
1 was
City
issued
Manager' s
using
action
City
to
Manager' s
execute
CCO No. 1 with the MG and JC Concrete, Inc. for $ 47, 191 to complete CIP PS 24- 07.
Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. Upon acceptance of the improvements, the performance and payment bonds ( Bond No. 66292) will be released and replaced with a warranty bond ( Bond No. 66292, 46, 313). 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.
MG and JC Concrete, Inc. has also provided the necessary lien releases for the materials supplied and completed work.
REASON FOR RECOMMENDATION:
Construction of CIP PS 24- 07 for Curb Ramps Reconstruction at Mossdale Elementary School was needed to install ADA standardized curb ramps and a new crosswalk at the McKee Boulevard and Crescent Moon Drive intersection. Ratification of Contract Change Order No. 1 with MG and JC Concrete, Inc. will allow the City to process final payment and accept the Project improvements.
FISCAL IMPACT:
The initial construction contract with MG and JC Concrete, Inc. was for $ 46, 313. CCO No. 1 in the amount of $47, 191 was issued for a total construction cost of $ 93, 504.
MUSD entered into a reimbursement agreement with the City to contribute $ 20, 000 for construction of the Project.
Sufficient funds were not allocated in the approved Fiscal Year 24-5 budget, thus staff is also requesting the approval of a budget amendment transferring $ 74, 000 from the Gas Tax Fund - HUTA ( 2030) to the CIP Project Fund ( 3310) as follows:
Increase Transfer Out
2030- 9900-90- 9010 $ 74, 000
407
CITY MANAGER' S REPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND JC CONCRETE, INC. FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24- 07, RATIFY CONTRACT CHANGE ORDER NO. 1, AND
APPROVE BUDGET AMENDMENT
Increase Transfer In
3310- 9900- 393- 0000
Increase Expense
3310- 8000- 420- 10
ATTACHMENTS:
PS 24- 07 $ 74, 000
PS 24- 07 $ 74, 000
A. Resolution to Accept Public Improvements Constructed by MG and JC Concrete, Inc. for Reconstruction of Mossdale Elementary School Curb Ramps, CIP PS 24- 07, to Ratify City Manager' sAction to Execute Contract Change Order No. 1, and to Approve Budget Amendment
B. Notice of Completion - Mossdale Elementary School Curb Ramps, CIP PS 24- 07 C. Contract Change Order No. 1 with MG and JC Concrete, Inc. for Reconstruction of Mossdale Elementary School Curb Ramps, CIP PS 24- 07 408
CITY MANAGER' S REPORT PAGE 5
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND JC CONCRETE, INC. FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24- 07, RATIFY CONTRACT CHANGE ORDER NO. 1, AND
APPROVE BUDGET AMENDMENT
APPROVALS:
Angel Abarca
Assistant Engineer
I / 2. 32y
Date
Ken Reed Date
to- 3-DD
Senior Construction Manager
Bra 2t aylor
City Engtr€ er
Cari Ja s
Finance/ Director
Date
b/ 1/ 702-, 4
Date
Michael King Date
Assistant City Manager
0/ 3/2avr'
lo• Z•oV0. 3 . - t- q
Salvador Navarrete Date
City Attorney
1o• '7-u.1
Stephen J. Salvatore Date
City Manager
409
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND 3C
CONCRETE, INC. FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24- 07, TO RATIFY CITY MANAGER' SACTION TO EXECUTE CONTRACT CHANGE ORDER NO. 1, AND TO APPROVE BUDGET
AMENDMENT
WHEREAS, to enhance and increase the safety of the pedestrian facilities adjacent to Mossdale Elementary School, the school requested the City construct sidewalk and curb ramp improvements; and
WHEREAS, staff completed this work through Capital Improvement Project CIP) PS 24- 07 Traffic Calming, for the curb ramps reconstruction at Mossdale Elementary School ( Project); and
WHEREAS, the scope of work included the reconstruction of curb ramps at the southwest and southeast corners of McKee Boulevard and Crescent Moon Drive, removal of existing markings, and installation of a new crosswalk using thermoplastic striping; and
WHEREAS, staff prepared and advertised the bid solicitation package with plans and specifications in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. 060; and WHEREAS, the City received and opened five ( 5) bids that upon review and evaluation, the lowest responsive and responsible bidder was determined to be MG and JC Concrete, Inc. with a bid of $46, 313; and
WHEREAS, during construction, the northwest and northeast corners of McKee Boulevard and Crescent Moon Drive were inspected and determined noncompliant with current American with Disabilities Act ( ADA) requirements; and WHEREAS, MG and JC Concrete, Inc. provided a quote to install these two ( 2) additional ramps, remove and replace 615 square feet of curb, gutter, and sidewalk, and restripe the entire McKee Boulevard and Crescent Moon Drive intersection; and WHEREAS, the additional work resulted in Contract Change Order ( CCO) No. 1 for $ 47, 191 for a total construction cost of $ 93, 504; and WHEREAS, to avoid any delay in completing the Project prior to students signing
returning
authority;
to school
and
from spring break, CCO No. 1 was issued using City Manager' s 410
WHEREAS, staff requests Council ratify the City Manager' s action to execute CCO No. 1 with the Contractor for $ 47, 191 for completion of CIP PS 24- 07; and WHEREAS, the initial construction contract with MG and JC Concrete, Inc. was for $ 46, 313. CCO No. 1 in the amount of $ 47, 191 was issued for a total construction cost of $93, 504; and
WHEREAS, Manteca Unified School District ( MUSD) entered into a reimbursement agreement to reimburse the City $ 20, 000 of the Project cost; and WHEREAS, the City' s contribution for construction of the Project is therefore a net of $73, 504. Sufficient funds were not allocated in the approved Fiscal Year 24- 25 budget, thus staff is also requesting the approval of a budget amendment transferring $ 74, 000 from the Gas Tax Fund - HUTA ( 2030) to the CIP Project Fund 3310) as follows:
Increase Transfer Out
2030- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Expense
3310- 8000- 420- 10
74, 000
PS 24- 07 $ 74, 000
PS 24- 07 $ 74, 000
WHEREAS, MG and JC Concrete, Inc. has completed the construction of the project; staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and WHEREAS, MG and JC Concrete, Inc. has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, MG and JC Concrete, Inc. has submitted a one- year warranty bond based on 10% of total project cost) for the improvements being accepted; and WHEREAS, the performance and payment bonds ( Bond No. 66292) will be released and replaced with a one- year warranty bond ( Bond No. 66292, $ 46, 313) upon City Council' sacceptance of the improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by MG and JC Concrete, Inc. for Reconstruction of Mossdale Elementary School Curb Ramps, CIP PS 24- 07; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby ratifies City Manager' sAction to Execute Contract Change Order No. 1 with MG and JC Concrete, Inc. for Reconstruction of Mossdale Elementary School Curb Ramps, CIP PS 24- 07; and
411
BE IT FURTHER RESOLVED, the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 74, 000 from the Gas Tax Fund - HUTA 2030) to the CIP Project Fund ( 3310) as detailed above. 412
The foregoing resolution was passed and adopted this 14th day of October 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 413
ATTACHMEN1
9 ( 6
n
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecordingfees (GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co - owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co - owners is:
Project No. CIP PS 24- 07 Reconstruction of Mossdale Elementary School Curb Ramps by MG and JC Concrete, Inc.
4. That on the 14th day of October 2024 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: MG and JC Concrete, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
MG and JC Concrete, Inc. 401 Buckeye Street Vacaville CA 95688
7. That the real property herein referred to is situated in the State of California, and is described as follows:
City of Lathrop County of San Joaquin,
Project No. CIP PS 24- 07 Reconstruction of Mossdale Elementary School Curb Ramps
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge of the contents herein and states under penalty ofperjury that the foregoing is true and correct.
By:
Teresa Vargas, City Clerk Date
414
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated October 14, 2024 by MG and JC Concrete, 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 October 14, 2024, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
415
Docusign Envelope ID: AD5009BA- 9E9E- 462E- 9F13- 75B30CD33CE0 CHANGE ORDER NO. 1
Reconstruction of Curb Ramps,
CIP PS 24- 07
ATTACHMENT" C "
CONTRACT CHANGE ORDER NO. 1
Reconstruction of Curb Ramps, CIP PS 24- 07
Contractor: MG and JC Concrete, Inc.
Address: 401 Buckeye St.
Vacaville, CA 95688
Change Order Date: October et , 2024
Notice to Proceed Date: September 10, 2024
Contract Execution Date: September 10, 2024
City of Lathrop
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and MG and JC Concrete, Inc. dated September 10, 2024.
I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S)/UBTRACTION( S) TO CONTRACT
PCO DESCRIPTION QTY UNIT UNIT
PRICE
TOTAL
1 Curb, gutter, and vertical curb removed 102 LF 38. 00 3, 876. 00 1 Curb, gutter, and vertical curb reconstructed 169 SF 55. 00 9, 295. 00 1 PCC sidewalk removed 616 SF 10. 00 6, 160. 0
1 PCC sidewalk reconstructed 616 SF 35. 00 21, 560. 0
1 Truncated domes 2 Each 1, 800. 0 3, 600. 0
1 Glued down domes 2 Each 600. 00 1, 200. 0
1 Traffic control 1 Each 1, 500. 0 1, 500. 0
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER 47, 191. 00 416
Docusign Envelope ID: AD5009BA- 9E9E- 462E- 9F13- 75B30CD33CE0 CHANGE ORDER NO. 1
Reconstruction of Curb Ramps,
CIP PS 24- 07 City of Lathrop
ORIGINAL CONTRACT AMOUNT 46, 313. 00
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 1 93, 504. 00
END OF CHANGES)
DESCRIPTION OF WORK
See " II. 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
CCO # 1 will not increase the time frame of the original contract.
RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 1. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:
A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.
END OF SECTION)
417
Docusign Envelope ID: AD5009BA- 9E9E- 462E- 9F13- 75830CD33CE0 CHANGE ORDER NO. 1
Reconstruction of Curb Ramps,
CIP PS 24- 07
Approved As
To Form:
Recommended
By:
Approved By:
Accepted By
Contractor:
City of Lathrop
a-?- 2. 0
2 -At
Salvador Navarrete Date
City Attorney
City of Lathrop
v
Michael King
Assistant City Manager
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
e—DocuSigned by:
1o.. 20201
Date
Date
10/ 7/ 2024
MGana3eoncrete, Inc. Date
Miguel Gonzalez CEO
Print Name and Title
418
Docusign Envelope ID: AD5009BA- 9E9E- 462E- 9F13- 75B30CD33CE0 Exhibit A
w
Extra work on mossdale elementary school
S. W. corner of mckee blvd and crescent moon dr
Removed PCC sidewalk
Reconstructed PCC sidewalk 25 SF
N. W. corner mckee blvd and crescent moon dr
Removed Curb and gutter 37 LF
Reconstructed curb and gutter 80 LF
Removed PCC sidewalk 162 SF
Reconstructed PCC sidewalk 162 SF
Detectible warnings/ truncated domes 4' x5' installed 2 N. E. corner of mckee blvd and crescent moon dr
Removed curb and gutter
Reconstructed curb and gutter
Removed PCC sidewalk
reconstructed PCC side walk
32 LF
56 LF
319 LF
319 LF
S. E. ramp at golden spyke trail
Removed Curb and gutter 17 LF
Reconstructed curb and gutter 17 LF
Removed PCC sidewalk 70 SF
Reconstructed PCC side walk 70 SF
N. E. corner at golden spyke trail
Removed curb and gutter 16 LF
Reconstructed curb and gutter 16 LF
Removed PCC sidewalk 40SF
Reconstructed PCC sidewalk 40 SF
419
Docusign Envelope ID: AD5009BA- 9E9E- 462E- 9F13- 75B30CD33CE0 Glued down detectible warnings installation 2
Totals
curb and gutter and vertical curb removed 102 LF @ $ 38 = 3, 876 curb and gutter and vertical curb reconstructed 169 SF @ $ 55 = 9, 295 PCC sidewalk removed 616 SF @ $ 10 = 6, 160
PCC sidewalk reconstructed 616 SF @ $ 35 = 21, 560
Truncated domes 2 @ 1800 $ = 3, 600
Glued down domes 2 @ $ 600 = 1, 200
Traffic control 1, 500
TOTAL 47, 191
420
ITEM 4. 23
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PK 25- 13 SANGALANG PARK SHADE
SHELTER, AWARD CONSTRUCTION CONTRACT TO
B&M BUILDERS, INC. AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution to Create CIP PK 25- 13 Sangalang Park Shade Shelter, Award Construction Contract to
B&M Builders, Inc. and Approve Budget Amendment
SUMMARY:
City staff received requests from residents to construct a shade shelter, amenities and concrete access paths at Sangalang Park ( Project) to provide a second shaded venue at this park.
The plans and specifications for the construction of the Project were informally advertised for bid on September 18, 2024 pursuant to California Public Contract Code PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. Public Works received and opened two ( 2) bids for the construction of the Project on October 3, 2024. One bid was subsequently withdrawn. Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be B&M Builders, Inc. (B&M) with a base bid of $ 192,40.
Staff requests City Council award a construction contract to B&M for the construction of the Project in the amount of $ 192,40. Staff also requests City Council authorize a 15% contingency of $ 28, 820 for a total cost not to exceed $ 220, 960and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project.
Staff will need to order the shelter and other amenities for an estimated cost of 81, 300 as detailed in the Background Section of this Report. A budget amendment of $ 303, 000 is requested as detailed in the Fiscal Impact Section of this Report to have sufficient funds to pay for the Project' sconstruction contract and contingency and purchase the shade structure and amenities.
BACKGROUND:
Sangalang Park is a neighborhood park in Stonebridge. This park provides numerous recreational opportunities and furnished public gathering areas at the north end of the park near the splash pad and playground. City staff received requests from residents to construct a second shade shelter near the south end of the park to provide another shaded venue for public gatherings. The proposed location of the shelter is immediately west of the tennis courts. This location will provide a covered 421
CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 25- 13 SANGALANG PARK SHADE SHELTER, AWARD CONSTRUCTION CONTRACT TO B&M BUILDERS, INC. AND APPROVE BUDGET
AMENDMENT
location from which tennis matches could be viewed, and the surrounding grass provides a suitable venue for larger gatherings and other activities.
The Project' sscope of work includes the construction of a concrete slab for the shelter, concrete walkways, modifications to a drain inlet and extension of a water line. The construction contract will also require the installation and assembly of the following City -furnished items: 30' diameter octagonal shade structure similar to the existing one at the north end of the park, four table & bench sets, a BBQ and hot coal bin, trash receptacle and drinking fountain.
Staff prepared the plans and specifications for the Project, and released them for bid solicitation on September 18, 2024 pursuant to CA PCC 22034 and LMC 3.0. Two 2) bids were received and opened by staff on October 3, 2024, both determined to be responsive and from responsible bidders.
Staff reviewed and evaluated the bids and determined that the responsible bidder with the lowest responsive bid is B&M, with a bid of $ 192,40. Staff requests City Council adopt a resolution awarding a contract to B&M for $ 192,40 for the construction of the Project.
Staff also requests City Council authorize a 15% contingency of $ 28, 820 and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 220, 960.
Staff further requests City Council approve funding for the purchase of the shade shelter and other items as summarized in Table 1, below:
Table 1: Summary of Estimated Costs for Materials
Item Cost
Shade Structure 60, 000
4) Tables / benches / trash receptacle 28, 000
Drinking Fountain 5, 300
BBQ and hot coal bin 3, 000
Total 96, 300
The items listed above will be procured in compliance with Lathrop Municipal Code
2. 36. 110. The costs above are estimated costs based on previous purchases because not all quotes for these items have been received.
REASON FOR RECOMMENDATION:
The proposed improvements will add a covered facility for public gatherings to the park in an open location conducive to many activities.
422
CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 25- 13 SANGALANG PARK SHADE SHELTER, AWARD CONSTRUCTION CONTRACT TO B&M BUILDERS, INC. AND APPROVE BUDGET
AMENDMENT
FISCAL IMPACT:
The proposed construction contract with B&M is for $ 192,40. A 15% construction contingency is requested in the amount of $ 28, 820. $96, 300 is also needed for the purchase of the shade shelter and amenities as described above.
The estimated total project cost for which the budget amendment is requested is 317, 260.
Sufficient funds were not allocated in the approved Fiscal Year ( FY) 2024/5budget to CIP PK 25- 13 to award the construction contract, fund the contingency and purchase the Project materials; therefore, a budget amendment of $ 303, 000 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) is requested as detailed below:
Increase Transfer Out
1060- 99- 00- 990-- 1 $ 318, 000
Increase Transfer In
3010- 99- 00- 393- 00 PK 25- 13 $ 318, 000
Increase Expenditures
3010- 8- 00- 420- 12- 00- PK 25- 13 $ 318, 000
The budget transfer of $318, 000 from the Measure C Fund ( 1060) is contingent upon the Measure C oversight committee finding that the proposed expenses are in compliance with appropriate use of Measure C funds.
ATTACHMENTS:
A. Resolution to Create CIP PK 25- 13 Sangalang Park Shade Shelter, Award Construction Contract to B&M Builders, Inc. and Approve Budget Amendment B. Construction Contract with B&M Builders, Inc. for CIP PK 25- 13, Sangalang Park Shade Shelter
423
CITY MANAGER' SREPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE SANGALANG PARK SHADE SHELTER, CAPITAL IMPROVEMENT PROJECT PK 25- 13, AWARD CONSTRUCTION CONTRACT TO
B&M
BUILDERS, INC. AND APPROVE BUDGET AMENDMENT
APPROVALS:
4/ cee‘. 4 0.3. 24
Steven Hollenbeak Date
Assistant Engineer
Brad 1Aylor
City Engineer
Date
l o % - ID 7.
Cari James Date
Director of Finance
Michael King
Assistant City Manager
Salvador Navarrete
City Attorney
lo• 8. Lc, Vj
Date
Date 2--
let• • Z44-
Ste 11en J. Salvatore Date
City Manager
424
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP PK 25- 13, SANGALANG PARK SHADE SHELTER, AWARD CONSTRUCTION CONTRACT TO B&M BUILDERS, INC. AND APPROVE BUDGET AMENDMENT WHEREAS, Sangalang Park is a neighborhood park in Stonebridge, which provides numerous recreation opportunities; and
WHEREAS, City staff received requests from residents to construct a shade shelter, concrete pathways and other amenities ( Project) to provide a covered venue; and
WHEREAS, on September 18, 2024, the City solicited bids for the construction of the Project pursuant to informal bidding procedures in Public Contract Code 22034 and Lathrop Municipal Code 3.0; and
WHEREAS, a total of two ( 2) bids were received and opened by staff on October 3, 2024, and one of the bids was subsequently withdrawn by the bidder; and WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be B&M Builders, Inc. (B&M) with a bid of $ 192,40; and
WHEREAS, staff requests City Council approve the creation of Sangalang Park Shade Shelter, Capital Improvement Project ( CIP) PK 25- 13; and WHEREAS, staff requests City Council award a construction contract to B&M in the amount of $ 192,40for the construction of the Project; and WHEREAS, staff requests City Council authorize a 15% contingency in the amount of $28, 820, for a total cost of $ 220, 960and authorize staff to spend the up to the amount of the contingency as necessary to achieve the goals of the Project; and
WHEREAS, staff will order the shelter and other amenities for an estimated cost of $96, 300; and
WHEREAS, sufficient funds were not allocated to CIP PK 25- 13 in the approved Fiscal Year 2024/5 budget for the construction of the Project, construction contingency and the purchase of the shade structure, tables and other amenities, staff also requests City Council approve a budget amendment transferring $ 318, 000 from the Measure C Fund ( 1060) to the Project CIP fund ( 3310) as detailed below and contingent on the approval of the Measure C Oversight Citizens' Committee:
425
Increase Transfer Out
1060- 99- 00- 990-- 1 $ 318, 000
Increase Transfer In
3010- 99- 00- 393- 00 PK 25- 13 $ 318, 000
Increase Expenditures
3010- 8- 00- 420- 12- 00 PK 25- 13 $ 318, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the creation of Sangalang Park Shade Shelter, CIP PK 25- 13; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby awards a contract to Deol Construction for the construction of Sangalang Park Shade Shelter, CIP PK 25- 13 for $ 192,40; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% contingency of $ 28, 820, for a total cost of $ 220, 960 and authorizes staff to spend up to the amount of the contingency as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment of $ 318, 000 to fund the construction contract, contingency and materials purchases as detailed above.
426
The foregoing resolution was passed and adopted this 14th day of October 2024 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 427
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT
CONTRACT
This Contract, dated October 14, 2024 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and B&M Builders, Inc. (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 SANGALANG PARK SHADE SHELTER, CIP PK 25- 13 (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 work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to construction of a concrete slab, pier footings and concrete flat work, installation of City - furnished shade shelter, drinking fountain and other outdoor amenities, extension of a water line and adjustments to landscaping and drainage facilities, and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 60 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 192,40 (One Hundred Ninety Two Thousand One Hundred Forty Dollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Deol Construction Company, Inc. on October 3, 2024. For the 428
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 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 ofContractor, 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 ofContractor 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 429
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work 430
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under
the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), 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 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 431
SECTION 00500
SANGALANG PARK SHADE SHELTER, C1P PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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:
1)A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
432
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 ofthis 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 Section 00700 - 5. 1A.
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' s
warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
433
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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' sability 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 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 434
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SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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.
16. Miscellaneous
1)
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: B&MBuilders, Inc.
Phone: ( 916) 638- 8626
ATTN: Patrick Mullen
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. 435
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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.
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.
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.
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 436
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 USC 1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined 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 437
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
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.
438
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SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
439
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: Public Works Department
FOR: SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
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 of the 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 of the 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 finnish 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 bid. The City of Lathrop reserves the right to award only the work contemplated by the bid or none of the work. 00300- 1
440
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SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Grubbing, Offhaul, Transportation and
Disposal of Turf and Soil Excess
1 LS 1250D 121 , 5- 00
2 Grade and Compact Soil for PCC Slabs 910 SF 0 9100
3 Construct PCC Slab for Shade Shelter
@ 6" Deep Per Project Plans &
Specifications
830 SF 25. 20t15- 0
4 Construct Pier Footings for Shade
Shelter Slab Per Project Plans &
Specifications
8 EA 5000 4, 0. 000
5 Install 3/ 4" PVC Water Line to Drinking
Fountain
250 LF 50 12S0D
6 Install City -Furnished Modular
Octagonal Shade Shelter
1 LS 311Sb 31. 15- o
Irrigation Relocation and Landscape
Repairs
1 LS TOD TO 0
8 Assemble / Install City -Furnished
Outdoor Table / Bench Assembly
4 EA 1150 11. 000
9 Install City -Furnished Drinking
Fountain Per Project Plans &
Specifications
I EA MowMow MOOD 000
10 Raise Storm Drain Inlet to Grade and
Modify Cover to Meet ADA Standards
1 LS 11000 4. 00D
00300- 2
441
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
11 Place Concrete Walkways Per Project
Plans & Specifications
1020 SF 20 LAD
12 Place Concrete Steps Per Project Plans
Specifications
17 EA LID) 7 1 !• 1
13 Install City -Furnished BBQ and Hot
Coal Bin per Manufacturer' sDirections
1 LS 7S1) 11
14 Install City -Furnished Trash Can 1 LS 17Sb 750
TOTAL BID: $ 1 92, 14D
TOTAL BID IN WORDS: DAQ, amAtittal i•) iktlyT6401- 110040414 Or1C giAAAiftel FOt 1) elj• rS
00300- 3
442
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SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
INFORMATION REOUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine if the 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:
B&M Builders, Inc.
11330 Sunrise Park Dr. Ste C, Rancho Cordova, CA 95742
2) Bidder' soffice telephone number: (916) 638- 8626
3) Bidder' s email address: Pmullen@bm- builders. com
4) Bidder' sContractor' s License # / Expiration Date / Classification:
861848 / 7- 31- 2025 / A, B, C8, C10, C12, C20, C27, C31, C53, C54 Bidder' s DIR Registration # / Expiration:
1000003277 / 6- 30- 226
6) Person who inspected site of proposed work for Contractor' sfirm:
Name: N/ A Date of Inspection: N/ A
7) List 4 projects of a nature similar to this project:
5)
Project Contract
Price
Name, Address and
Telephone Number of Owner
2024 ADA Upgrade Project 96,05. 67 City of South Lake Tahoe - 1740 D St.
South Lake Tahoe, CA 96150 - ( 530) 542- 6033
Douglas Boulevard Median
Modification Project
341, 272. 30 County of Placer - 3091 County Center Dr
Auburn, CA 95603 - ( 530) 745-522
Markham School Pedestrian
Improvements Project
178, 408. 10 City of Vacaville - 650 Merchant St Vacaville, CA 95688 - ( 707) 449- 5317
O' Neil Park Restroom
Replacement
177, 290. 0
City of Sacramento Youth, Parks & Community
Enrichment - 915 I St, 3rd Floor Sacramento, CA 95814 - 916) 380- 8813
00300- 4
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CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
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 of work 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.
Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' sName & Address Creative Builders - P. O. Box
1. Shade Structure Installation 808069 28. 758% 1568, Shaffer, CA 93263
2. 3.
4. 5.
6. Note: Attach additional sheets ifrequired.
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Seal)
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
ADDENDA
Bidder acknowledges receipt of the following addendum ( addenda):
Respectfully submitted,
10- 3- 2024 B&M Builders, Inc.
Dated Legal Name of Firm
ature of Authorized Representative
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 of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
Patrick Mullen - President, Secretary, Treasurer, Manager - 11330 Sunrise Park Dr. Ste C. Rancho Cordova CA 95742 Jonathan Brown - CEO - 11330 Sunrise Park Dr. Ste C, Rancho Cordova, CA 95742 Austin O' Connell - Vice President - 11330 Sunrise Park Dr. Ste C, Rancho Cordova, CA 95742 00300- 6
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SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE B & M Builders, Inc.
as PRINCIPAL, and Travelers Casualty and Surety Company of America 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 of Lathrop 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 $ 1O% of Total Amount 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 Public Works Department, 390 Towne Centre Drive, Lathrop, CA: SANGALANG PARK SHADE SHELTER, CIP PK 25- 13.
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.
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SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 2nd day of October , 20 24
B & M Builders, Inc.
Patrick fviuilen, Pres
Address: 11330 unrise Park Drive, Suite C,
Travelers Casualty and Surety Company of America
Seal) ( Seal)
Seal)
Ryan Tash, Attorney - in -Fact
Address: ONE TOWER SQUARE
Rancho Cordova, CA 95742 HARTFORD, CT 06183
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 8
447
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 Califomia
County of Sacramento
On 0101,/ --of before me, Traci E. Nakagaki, Notary Public insert name and title of the officer)
personally appeared Patrick Mullen
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 California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Seal)
TRACI E. NAKAGAKI I
Y
COMM. #2383122 z
a Notary Public • California T.)
Sacramento County ..
MIComm. Padres Nov. 1512025/
448
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
NONCOLLUSION AFFIDAVIT
STATE OF
COUNTY OF
Patrick Mullen
SS.
being first duly sworn, deposes and says that he or she is President B & M Builders, Inc.
of 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 associated, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Si of: President, Secretary,
SEE ATTACHED NOTARY JURAT* anager, Project Manager or Representative Patrick Mullen, President
The County of
State of
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- 9
449
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 California
County of Sacramento
On before me,
Traci E. Nakagaki, Notary Public
insert name and title of the officer)
personally appeared Ryan Tash
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 California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Seal)
TRACI E. NAKAGAKI
a ; ^ COMM. 02383122 z
z ; j NobuyB m
is California c
Comm. .: nr,,, , 2025
450
TRAVELERS.„
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut ( herein collectively called the " Companies"), and that the Companies do hereby make, constitute and appoint Ryan Tash of RANCHO CORDOVA , California , their true and lawful Attorney( s)- in- Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
State of Connecticut
By:
City of Hartford ss. Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys - in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company' s
name and seal with the Company' s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when ( a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company' sseal by a Secretary or Assistant Secretary; or ( b) duly executed ( under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys - in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 2nd day of October , 2024 .
Kevin Hughes, Assistant retary
To verify the authenticity ofthls Power ofAttorney, please call us at 1- 800- 421- 3880.
Please referto the above -named Attorney( s)- In- Fact and the details ofthe bond to which this Power ofAttorney is attached. 451
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 Sacramento
Subscribed and sworn to ( or affirmed) before me on this 2nd day of October , 20 24 , by Patrick Mullen
proved to me on the basis of satisfactory evidence to be the person( s) who appeared before me.
at
a
TRACI E. NAKAGAKI
COMM. # 2383122 z
Notary Public • California u Sacramento County
MxConon. Epirea Nov. 1520_25
Seal) Signature
452
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
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 of the 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
If the 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 finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the 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)
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INTENTIONALLY
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ITEM 4. 24
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT
REHABILITATION, AWARD CONSTRUCTION
CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM
SUPPLEMENT AGREEMENT WITH CALTRANS, AND
AUTHORIZE CITY MANAGER TO EXECUTE THE
AGREEMENT
RECOMMENDATION: Adopt Resolution to Create Capital Improvement Project PS 25- 04 for Roth Road Pavement
Rehabilitation, to Award a Construction Contract to
George Reed, Inc., to Approve a Budget Amendment,
to Approve a Program Supplement Agreement with
Caltrans, and to Authorize the City Manager to
Execute the Agreement
SUMMARY:
Staff is proposing to create Capital Improvement Project ( CIP) PS 25- 04 for Roth Road Pavement Rehabilitation ( Project) to repair deteriorated pavement along Roth Road from Manthey Road to Intermodal Way. The Project scope of work consists of grinding off 3" of existing pavement, constructing 3" Hot Mix Asphalt ( HMA) overlay with glass grid, and installing thermoplastic striping and markings with reflective pavement markers on Roth Road from Manthey Road to Intermodal Way.
Staff prepared the specifications and improvement plans that were advertised for formal bid on August 29, 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 seven ( 7) bids on September 24, 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 George Reed, Inc. (George Reed) with a bid of $ 1, 339, 543.
Staff is requesting that City Council create CIP PS 25- 07 for Roth Road Pavement Rehabilitation and award a construction contract to George Reed for construction of the Project in the amount of $ 1, 339, 543plus a 15% construction contingency in the amount of $ 201, 000 for a total construction budget of $ 1, 540,43.
The City was approved to receive $ 2,00, 000 of federal funds with a required local match of $ 285, 000 for construction of the Project. The California Department of Transportation ( Caltrans) requires the execution of a Program Supplement Agreement ( PSA) for the City to be eligible to receive this federal funding. The City received PSA No. F014 ( Attachment C) that must be executed prior to requesting reimbursement of federal funding.
455
CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH
CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT Staff requests City Council approve PSA No. F014 with Caltrans and authorize City Manager to execute the PSA for reimbursement of federal funds toward the Project.
Staff is also requesting City Council approve a budget amendment transferring 285, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) for the local match to the federal funds.
BACKGROUND:
Staff proposes to create CIP PS 25- 04 to rehabilitate the existing pavement on Roth Road between Manthey Road and Intermodal Way to support the movement of truck traffic to and from Interstate 5. The Project will grind 3" of existing surface, install glass grid pavement reinforcement, overlay 3" of HMA, and install new signing and striping along Roth Rd.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on August 29, 2024, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
Seven ( 7) 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
George Reed, Inc. 1, 339, 543
Consolidated Engineering 1, 381, 785
United Pavement Maintenance 1, 487, 782. 25
QA Constructors, Inc. 1, 499, 300
DSS Company dba Knife River Construction 1, 591, 250
Martin Brothers Construction 1, 623, 000
Rapid Grading Services 1, 769, 152. 70
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is George Reed. Staff requests City Council adopt a resolution to award a construction contract to George Reed for $ 1, 339, 543. Staff also requests City Council authorize a 15% construction contingency of $ 201, 000 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total construction budget of $ 1, 540,43.
The City received authorization of federal funds in the amount of $ 2,00, 000 toward construction of CIP PS 25- 04. Caltrans requires the execution of a PSA specific to each Federal -Aid project for local agencies to be eligible to receive the approved federal funds.
456
CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH
CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT The PSA outlines the standards and procedures to be followed by administering agencies when requesting reimbursement of corresponding federal funding. Staff is requesting that City Council approve PSA No. F014 with Caltrans and authorize City Manager to execute the Agreement for reimbursement of federal funds towards the Project.
REASON FOR RECOMMENDATION:
Creation of CIP PS 25- 04 is needed to allocate and receive federal funding towards construction of improvements to Roth Road. Awarding a construction contract to George Reed will allow the Project to repair existing pavement deficiencies and reinforced the surface structure for heavy truck traffic.
FISCAL IMPACT:
The City is authorized to receive $ 2,00, 000 in federal funding with a required local match of $ 285, 000. Staff is requesting City Council approve a budget amendment transferring $ 285, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Increase Revenue
2150- 8000- 333- 0500 $ 2,00, 000
Decrease Street Repair Reserves
1010- 251- 03-0 $ 285, 000
Increase Transfer Out
2150- 9900-90- 9010 $ 2,00, 000
1010- 9900-90- 9010 $ 285, 000
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
ATTACHMENTS:
PS 25- 04 $ 2, 485, 000
PS 25- 04 $ 2, 485, 000
A. Resolution to Create Capital Improvement Project PS 25- 04 for Roth Road Pavement Rehabilitation, to Award a Construction Contract to George Reed, Inc., to Approve a Budget Amendment, to Approve a Program Supplement Agreement with Caltrans, and to Authorize the City Manager to Execute the Agreement
457
CITY MANAGER' S REPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH
CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT B. Construction Contract with George Reed, Inc. for CIP PS 25- 04 for Roth Road Pavement Rehabilitation
C. Program Supplement Agreement No. F014 to Administering Agency -State Agreement for Federal -Aid Projects No. 10- 5456F15
D. Project Location Map
458
CITY MANAGER' S REPORT PAGE 5
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH
CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT APPROVALS:
Assistant Engineer
Brad ylor
City Engineer
Cari
Finance \ D rector
Date
Date
7/ 26/ 2azY
Date
Michael King Date
Assistant City Manager
Iol4) aoaif
I
Z' • 2 c ZY
Salvador Navarrete Date
City Attorney
Ste ffen 3. Salvatore Date
City Manager
459
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE BUDGET
AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH
CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, staff is proposing to create Capital Improvement Project ( CIP) PS 25- 04 for Roth Road Pavement Rehabilitation ( Project) to repair deteriorated pavement along Roth Road from Manthey Road to Intermodal Way; and WHEREAS, the Project scope of work consists of grinding off 3" of existing pavement, constructing 3" Hot Mix Asphalt ( HMA) overlay with glass grid, and installing thermoplastic striping and markings with reflective pavement markers on Roth Road from Manthey Road to Intermodal Way; and
WHEREAS, staff prepared the specifications and improvement plans that were advertised for formal bid on August 29, 2024 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
2. 36. 060; and
WHEREAS, the City Clerk received and opened seven ( 7) bids on September 24, 2024; and
WHEREAS, based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be George Reed, Inc. (George Reed) with a bid of $1, 339, 543; and WHEREAS, staff is requesting that City Council create CIP PS 25- 07 for Roth Road Pavement Rehabilitation and award a construction contract to George Reed for construction of the Project in the amount of $ 1, 339, 543 plus a 15% construction contingency in the amount of $ 201, 000for a total construction budget of $ 1, 540,43; and
WHEREAS, the City was approved to receive $ 2,00, 000 of federal funds with a required local match of $285, 000 for construction of the Project; and WHEREAS, the California Department of Transportation ( Caltrans) requires the execution of a Program Supplement Agreement ( PSA) for the City to be eligible to receive this federal funding; and
WHEREAS, staff requests City Council approve PSA No. F014 with Caltrans and authorize City Manager to execute the PSA for reimbursement of federal funds toward the Project; and
460
WHEREAS, the City is authorized to receive $ 2,00, 000 in federal funding with a required local match of $ 285, 000. Thus, staff is also requesting City Council approve a budget amendment transferring $ 285, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Increase Revenue
2150- 8000- 333- 0500 $ 2,00, 000
Decrease Street Repair Reserves
1010- 251- 03-0 $ 285, 000
Increase Transfer Out
2150- 9900-90- 9010 $ 2,00, 000
1010- 9900-90- 9010 $ 285, 000
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
PS 25- 04 $ 2, 485, 000
PS 25- 04 $ 2, 485, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby creates CIP PS 25- 04 for Roth Road Pavement Rehabilitation; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with George Reed, Inc. for construction of CIP PS 25- 04 for Roth Road Pavement Rehabilitation in the amount of $ 1, 339, 543; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 15% construction contingency of $201, 000for a total construction budget of $ 1, 540,43and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, City Council approves PSA No. F014 with Caltrans and authorizes City Manager to execute the Agreement for reimbursement of federal funds towards the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 285, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above. 461
The foregoing resolution was passed and adopted this 14th day of October 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 462
ATTACJiMENT
SO 6
CONSTRUCTION CONTRACT
This Contract, dated October 14, 2024, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and George Reed, Inc.
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 Roth Road Pavement Rehabilitation, CIP PS 25- 04 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract is generally described as, but not necessarily limited to: grind off 3" of existing pavement, construct 3" HMA overlay with geogrid, and install new signing and striping, markings and markers on Roth Road from Manthey Road to Intermodal Way, 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: $ 1, 339, 543
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and are hereby incorporated by reference ( i.e.
Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by George Reed, Inc. on September 24, 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. 463
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' sPublic Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 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 of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in 464
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 ofthe Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' 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' sperformance ofWork, 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).
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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' s
obligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' s obligations under
the Contract Documents unless the Contractor' 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:
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1) A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt ofwritten notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date ofExecution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
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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 468
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:
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16. Miscellandous.
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.
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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.
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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.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
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ATTACH vitNT
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PS 25- 04 - Addendum No. 2