March 10, 2025 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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March 10, 2025 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Paul Akinjo, Mayor
Jennifer Torres-O’Callaghan, Vice Mayor
Minnie Diallo, Councilmember
Stephen Dresser, Councilmember
Diane Lazard, Councilmember
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Thomas Hedegard, Deputy City Manager
Stephen Sealy, Chief of Police
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Juliana Burns, Human Resources Director
Rick Caguiat, Community Development
Director
Todd Sebastian, Parks and Recreation
Director
General Order of Business
1. Preliminary
• Call to Order
• Closed Session
• Roll Call
• Invocation
• Pledge of Allegiance
• Announcements by Mayor/City Mgr.
• Informational Items
• Declaration of Conflict of Interest
2. Presentations
3. Citizen’s Forum
4. Consent Calendar
5. Scheduled Items
• Public Hearings
• Appeals
• Referrals and Reports from
Commissions and Committees
• All Other Staff Reports and/or Action
Items
• Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 March 10, 2025 Lathrop City Council Regular Meeting Agenda Page 1
IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcome in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1601041135?pwd=TJKdPY7gD7RkyQL LQAMaG0B46Aw1eS.1
During the meeting, those joining ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter. Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
Meeting Webinar ID: 160 104 1135 / Passcode: 144402
If you are not able to attend the meeting in person or virtually - Public comment / questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230. Please refer to the Agenda Item or Public Comment Matter, and the date of the City Council Meeting, in your written communication.
Questions or comments submitted by email must be submitted by 4:00 p.m., on the day of the meeting.
To address the City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address the City Council, a card must be submitted to the City Clerk indicating the name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council.
State your name and address. In order to ensure all persons, have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 March 10, 2025 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest in speaking, prior to the conclusion of Citizen’s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 March 10, 2025 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 10, 2025
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be no Closed Session. The Regular Meeting will commence at 7:00 p.m.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 ROLL CALL
1.3 INVOCATION
1.4 PLEDGE OF ALLEGIANCE
1.5 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.6 INFORMATIONAL ITEM(S) - None
1.7 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS - None
3. CITIZEN’S FORUM
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest in speaking, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by City Council majority, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST
BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4 March 10, 2025 Lathrop City Council Regular Meeting Agenda Page 4
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular City Council Meeting of January 13, 2025
4.3 SECOND READING AND ADOPTION OF ORDINANCE 25-463 OF THE CITY
COUNCIL OF THE CITY OF LATHROP UPDATING THE MILITARY
EQUIPMENT LIST FOR MILITARY EQUIPMENT USE POLICY NO. 706, FOR
THE USE OF MILITARY EQUIPMENT BY THE LATHROP POLICE
DEPARTMENT, IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7070-7075, ASSEMBLY BILL 481
Waive Full Reading and Adopt Ordinance 25-463 Amending Lathrop Municipal Code (LMC) Chapter 9.20 Titled “Military Equipment Use Policy”, of Title 9 “Public Peace And Welfare” by Amending Section
9.20.050 Titled “Active Policies” to Update Existing Military Equipment List For Military Equipment Use Policy No. 706, by Incorporating Funding, Acquisition, And Use Of New Military Equipment for the Lathrop Police Department, In Compliance With California Government Code Sections 7070-7075, Assembly Bill 481 (Chieu)
4.4 TREASURER’S REPORT FOR DECEMBER 2024
Approve Quarterly Treasurer’s Report for December 2024
4.5 ACCEPT THE GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2024
Adopt Resolution to Accept the General Plan Housing Element Annual Progress Report for Calendar Year 2024 and Authorize Staff to Submit the Report to the Governor’s Office of Planning and Research and State Department of Housing and Community Development
4.6 VALIDATION OF THE 2024 FINDING OF ADEQUATE PROGRESS IN THE
MOSSDALE TRACT AREA
Adopt Resolution Validating the 2024 Urban Level of Flood Protection (ULOP) Finding Adequate Progress in the Mossdale Tract Area, Acting as the Land Use Agency
5 March 10, 2025 Lathrop City Council Regular Meeting Agenda Page 5
4.7 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ROBERT HALF INC., TO PROVIDE STAFFING SERVICES IN THE BUILDING
DEPARTMENT FOR EPL (ENTERPRISE PERMITTING AND LICENSING)
SOFTWARE ADMINISTRATION AND REPORT MANAGEMENT SERVICES
Adopt Resolution Approving a Professional Services Agreement with Robert Half Inc., to Provide Staffing Services in the Building Department for EPL (Enterprise Permitting and Licensing) Software Administration and Report Management Services
4.8 APPROVE CONTRACT AMENDMENT NO. 3 WITH SORACCO, INC., FOR
ON-CALL CONSTRUCTION SERVICES FOR WET UTILITY AND STREET
REPAIRS
Adopt Resolution to Approve Contract Amendment No. 3 for On-Call Construction Services for Wet Utility and Street Repairs with Soracco, Inc., and Approve a Budget Amendment
4.9 APPROVE AGREEMENT WITH V&A CONSULTING ENGINEERS INC., TO
PROVIDE A CONDITION ASSESSMENT OF CROSSROADS STORM DRAIN
PUMP STATION OUTFALL AND PIPELINES AND A BUDGET AMENDMENT Adopt Resolution to Approve an Agreement with V&A Consulting Engineers Inc., to Provide a Condition Assessment of the Crossroads Storm Drain Pump Station Outfall and Pipelines, and Approve a Budget Amendment
4.10 APPROVE BUDGET AMENDMENT FOR THE OPERATION AND
MAINTENANCE OF THE LATHROP CONSOLIDATED TREATMENT FACILITY Adopt Resolution to Approve a Budget Amendment for Wastewater Plant Operation and Maintenance of the Lathrop Consolidated Treatment Facility
4.11 APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC., FOR CONSOLIDATED TREATMENT FACILITY PHASE 3 EXPANSION, CIP WW 22-38 AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Approve Amendment No. 5 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc., for Consolidated Treatment Facility Phase 3 Expansion, CIP WW 22-38, and Approving Budget Amendment
4.12 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BUTLER AMUSEMENTS, INC., FOR LATHROP POLICE DEPARTMENT TO PROVIDE
LAW ENFORCEMENT SERVICES FOR ANNUAL CARNIVAL EVENT ON
APRIL 17, 2025 THROUGH APRIL 20, 2025
Adopt Resolution Approving Professional Services Agreement with Butler Amusement, Inc., for Lathrop Police Department to Provide Law Enforcement Services for their Annual Carnival Event on April 17, 2025 through April 20, 2025
6 March 10, 2025 Lathrop City Council Regular Meeting Agenda Page 6
4.13 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PISOR FENCE DIVISION, INC., FOR ROAD AND LEVEE ACCESS GATES, CIP PS 23-15 Adopt Resolution to Accept Public Improvements Constructed by Pisor Fence Division, Inc., for Road and Levee Access Gates, CIP PS 23-15, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.14 AWARD CONSTRUCTION CONTRACT TO ARROW DRILLERS INC., FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK
DRIVE FIBER OPTIC EXTENSION, CIP GG 22-03 AND APPROVE BUDGET
AMENDMENT
Adopt Resolution to Award a Construction Contract to Arrow Drillers Inc., for Construction of Golden Valley Parkway and Sadler Oak Drive Fiber Optic Extension, CIP GG 22-03 and Approve Budget Amendment
4.15 AWARD CONSTRUCTION CONTRACT TO ST. FRANCIS ELECTRIC, LLC .,
FOR CONSTRUCTION OF LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL, CIP PS 25-05
Adopt Resolution to Award a Construction Contract to St. Francis Electric, LLC., for the Construction of Lathrop High School Pedestrian, CIP PS 25-05
4.16 REJECT ALL BIDS FOR CONSTRUCTION OF LATHROP ELECTRIC VEHICLE CHARGING STATIONS, CIP GG 24-28
Adopt Resolution to Reject All Bids for Construction of Lathrop Electric Vehicle Charging Stations, CIP GG 24-28
4.17 CREATE CIP PW 25-19 WATER CONSERVATION REGULATORY
COMPLIANCE PROGRAM, APPROVE PROFESSIONAL SERVICES
AGREEMENT WITH EKI WATER AND ENVIRONMENT, INC., AND
APPROVE BUDGET AMENDMENT
Adopt Resolution to Create Regulatory Compliance Program PW 25-19 Water Conservation, Approve a Professional Services Agreement with EKI Water and Environment, Inc., and Approve a Budget Amendment
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIP ACT (HOME) PROGRAM ALLOCATIONS FOR FISCAL YEAR 2025-2026
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Recommending the Allocation of CDBG and HOME Funds for FY 2025-2026 for Consideration by
San Joaquin County and the U.S. Housing and Urban
Development Department (HUD)
7 March 10, 2025 Lathrop City Council Regular Meeting Agenda Page 7
5.2 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER MUNICIPAL
CODE AMENDMENT TO REMOVE LOT SIZE RESTRICTIONS ON THE
KEEPING OF FOWL WITHIN CITY LIMITS
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance to Adopt an Amendment to the Lathrop Municipal Code (LMC) Section
6.16.010 to Remove Lot Size Restrictions on the Keeping of Fowl Within City Limits
5.3 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.24, SECTION 10.24.030
DESIGNATED NO PARKING AREAS OF THE LATHROP MUNICIPAL CODE City Council to Consider the Following:
1. Hold a Public Hearing; and
2. Introduction and First Reading of an Ordinance of the City Council of the City of Lathrop to Amend Title 10, Chapter
10.24, Section 10.24.030 Designated No Parking Areas of the Lathrop Municipal Code (LMC)
5.4 BIENNIAL BUDGET FISCAL YEAR (FY) 2024 – 2025 MID-YEAR REPORT (YEAR 2)
Adopt Resolution Approving the Mid-Year Budget Report for Year 2 of the Biennial Budget FY 2024 and FY 2025 and Related Budget and Position Requests
6. COUNCIL COMMUNICATIONS
6.1 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Ava Community Energy (Diallo/Torres-O’Callaghan)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Akinjo/Diallo)
• Integrated Waste Management Solid Waste Division (Dresser/Torres-O’Callaghan) • Local Agency Formation Commission (LAFCo) (Diallo)
• Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Vacancy)
• San Joaquin Valley Air Pollution Control District (Dresser/Akinjo) • Water Advisory Board (Torres-O’Callaghan/Lazard)
• Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Akinjo/Lazard/Torres-O’Callaghan)
6.2 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director, City Clerk
8 ITEM 4.2
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 13, 2025
7: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was a Closed Session, which commenced at 6: 30 p. m. The Regular Meeting reconvened at 7: 02 p. m.
1. PRELIMINARY
1. CALL TO ORDER - Mayor Akinjo called the meeting to order at 6: 30 p. m. and adjourned to Closed Session following the Oath of Office.
1. 2 OATH OF OFFICE TO APPOINTED COUNCILMEMBER STEPHEN DRESSER
BY CITY CLERK TERESA VARGAS
City Clerk Teresa Vargas administered the Oath of Office to Appointed Councilmember Stephen Dresser.
1. 3 CLOSED SESSION
1.3. LIABILITY CLAIM: Pursuant to Government Code Section 54956. 95
Claimant: Angela Victoria
Agency Claimed Against: City of Lathrop
RECONVENE - Mayor Akinjo reconvened the meeting at 7: 02 p. m.
1.3.2 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that direction was provided pursuant to matters under Item 1.3; the City Council denied the claim.
There was no other reportable action taken.
1. 4 ROLL CALL
Present: Mayor Akinjo; Vice Mayor Torres -O' Callaghan; and Councilmembers: Diallo, Dresser and Lazard
Absent: None
January 13, 2025 Lathrop City Council Regular Meeting Minutes Page 1 9 1. 5 INVOCATION - Elder Larry Belfield, with New Life Church, provided the invocation.
1. 6 PLEDGE OF ALLEGIANCE - Elder Belfield led the pledge of allegiance.
1. 7 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Manager Stephen Salvatore and Lathrop - Manteca Fire District LMFD) Chief David Bramell announced the deployment of the new Advanced Life Support Program enhancing the emergency medical response services provided by LMFD.
1. 8 INFORMATIONAL ITEM( S) - None
1. 9 DECLARATION OF CONFLICT( S) OF INTEREST - None
2. PRESENTATIONS - None
2. 1 PRESENTATION - PROJECT STATUS UPDATE ON THE CONSOLIDATED TREATMENT FACILITY ( CTF) PHASE 3 EXPANSION ( CIP WW 22- 38) Assistant City Manager Michael King provided the presentation, which included background information on the Consolidated Treatment Facility, completed components of the expansion, upcoming work and the remaining project timeline.
2. PRESENTATION - UPDATE ON THE AVA COMMUNITY ENERGY
ENROLLMENT PLAN
Assistant City Manager Michael King provided the presentation, which included an overview of the Ava Community Energy project and the implementation timeline of the service to the Lathrop community. A question and answer period followed the presentation. Ava Representative Hector Aguiniga ( in person speaker), and City Attorney Salvador Navarrete, Community Development Director Rick Caguiat, provided additional information related to the energy service implementation.
3. CITIZEN' SFORUM - None
4. CONSENT CALENDAR
Prior to the vote of the Consent Calendar, Councilmember Diallo left the dais for the remainder of the meeting at 7: 50 p. m.
On a motion by Vice Mayor Torres -O' Callaghan, seconded by Councilmember Lazard, the City Council approved the Consent Calendar by the following roll call vote, unless otherwise indicated:
January 13, 2025 Lathrop City Council Regular Meeting Minutes Page 2 10 Ayes: Dresser, Lazard, Torres -O' Callaghan and Akinjo Noes: None
Absent: Diallo
Abstain: Dresser (* Item 4. 2 only)
Councilmember Dresser abstained from voting on Item 4.2, due to not being an appointed member of the City Council during that timeframe.
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.
4. 2 APPROVAL OF MINUTES
Approved Minutes for the Special City Council Meeting of December 9, 2024 ( Municipal Election Certification).
4. 3 SECOND READING AND ADOPTION OF ORDINANCE 25- 461 OF THE CITY
COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP
MUNICIPAL CODE ( LMC) TO UPDATE TITLE 3, CHAPTER 3.0 INFORMAL
BIDDING THRESHOLDS AND SERVICE DEFINITIONS IN ACCORDANCE WITH THE UPDATED ASSEMBLY BILL 2192 ( AB 2192) ( 2024)
AMENDMENTS TO THE PUBLIC CONTRACT CODE
Waived full reading and adopted Ordinance 25- 461 amending the Lathrop Municipal Code ( LMC) to updating Title 3, Chapter 3.0 informal bidding thresholds and service definitions in accordance with the updated AB 2192 ( 2024) amendments to the Public Contract Code.
4. ACCEPTANCE OF THE CITY OF LATHROP ANNUAL COMPREHENSIVE FINANCIAL REPORT ( ACFR) FOR THE FISCAL YEAR ENDING JUNE 30, 2024
Adopted Resolution 25- 5706 accepting the City of Lathrop Annual Comprehensive Financial Report ( ACFR) for Fiscal Year ending June 30, 2024.
4. 5 REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2023- 2024
Reviewed of the Capital Facility Fee Funds Report for Fiscal Year 2023- 2024.
4. 6 APPROVE PROPOSED FISCAL YEAR 2025-6 AND FISCAL YEAR 2026-7
BIENNIAL BUDGET CALENDAR
January 13, 2025 Lathrop City Council Regular Meeting Minutes Page 3 11 City Council considered and approved the proposed Fiscal Year 2025-6 and Fiscal Year 2026-7 Biennial Budget Calendar.
4. 7 APPROVE OUT OF STATE TRAVEL FOR THE MAYOR TO ATTEND THE U. S.
CONFERENCE OF MAYORS 93RD WINTER MEETING
Adopted Resolution 25- 5707 authorizing out of state travel for the Mayor to attend the U. S. Conference of Mayors 93rd Winter Meeting in Washington, DC, January 17 - 19, 2025.
4. 8 APPROVE OUT OF STATE TRAVEL FOR CITY STAFF TO PARTICIPATE IN THE ICSC LAS VEGAS CONFERENCE IN MAY 2025
Pulled by Councilmember Dresser for additional information. Economic Development Administrator Shelley Burcham provided the information.
Adopted Resolution 25- 5708 authorizing out of state travel for two staff members to attend and represent the City of Lathrop at the Innovating Commerce Serving Communities ( ICSC) 2025
Conference in Las Vegas, Nevada from May 18, 2025, to May 20, 2025.
4. 9 APPROVE SERVICE CONTRACT WITH FRANK M. BOOTH INC. TO
PROVIDE PREVENTATIVE MAINTENANCE SERVICES FOR THE CITY' S
HVAC SYSTEMS
Adopted Resolution 25- 5709 approving Service Contract with Frank M. Booth Inc. to provide preventative maintenance services for the City' s
HVAC Systems.
4. 10 APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH ALEXANDER & ASSOCIATES, INC. FOR ON - CALL LAND SURVEY AND
MAPPING SERVICES
Adopted Resolution 25- 5710 approving Professional Consulting Services Agreement with Alexander & Associates, Inc. to provide on - call land survey and mapping services.
4. 11 APPROVE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH MARK THOMAS FOR THE LOUISE AVENUE /
INTERSTATE 5 INTERCHANGE PROJECT, CIP PS 06-6 AND APPROVE
BUDGET AMENDMENT
Adopted Resolution 25- 5711 approving Amendment No. 3 to the Professional Services Agreement with Mark Thomas for the Louise Avenue / Interstate 5 Interchange Project, CIP PS 06-6, related budget amendment.
January 13, 2025 Lathrop City Council Regular Meeting Minutes Page 4 12 4. 12 RATIFY THE PURCHASE OF AUTOMATIC LICENSE PLATE RECOGNITION
SURVEILLANCE SYSTEM SOFTWARE AND HARDWARE FROM VIGILANT SOLUTIONS, LLC. FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM
AND APPROVE RELATED BUDGET AMENDMENT
Adopted Resolution 25- 5712 ratifying purchase of automatic license plate recognition surveillance system software and hardware from Vigilant Solutions, LLC., for CIP GG 19- 07 Citywide Surveillance System Project, and related budget amendment.
4. 13 CREATE CIP PS 25- 16 FOR BULBOUTS ON 5TH STREET, AWARD
CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE RIVER
CONSTRUCTION, AND APPROVE BUDGET AMENDMENT
Adopted Resolution 25- 5713 creating CIP PS 25- 16 Bulbouts Project on 5th Street, Awarding Construction Contract to DSS Company dba Knife River Construction, and approving related budget amendment.
4. 14 CREATE CIP SD 25- 17 EAST LATHROP STORMWATER MASTER PLAN,
RATIFY PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO
ENGINEERS, INC., AND APPROVE BUDGET AMENDMENT
Adopted Resolution 25- 5714 creating CIP SD 25- 17 East Lathrop Water Stormwater Master Plan, ratifying Professional Services Agreement with Carollo Engineers, Inc., and approving related budget amendment.
5. SCHEDULED ITEMS
5 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AMENDMENTS
TO VARIOUS CHAPTERS OF THE LATHROP MUNICIPAL CODE ( LMC) TO
MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS IN TITLE 8, HEALTH AND SAFETY AND TITLE 17, ZONING ( TA -24- 161) Community Development Director Rick Caguiat provided the presentation, which included a summary of various municipal code text amendments to provide consistency with local policies and State law. A question and answer period ensued throughout the presentation. Mayor Akinjo opened the Public Hearing. There were no speakers. Mayor Akinjo closed the public hearing.
On a motion by Vice Mayor Torres -O' Callaghan, seconded by Councilmember Lazard, the City Council considered and approved the following by the following roll call vote, unless otherwise indicated:
1. Held a public hearing; and
2. Held First Reading and Introduction of an Ordinance
adopting various amendments to the Lathrop Municipal
Code ( LMC) to modernize, simplify, and streamline various sections of Title 8, Health and Safety and Title 17, Zoning.
January 13, 2025 Lathrop City Council Regular Meeting Minutes Page 5 13 The Amendments Include the Following:
Chapter 8. 40 (Unlawful Camping): Add Recreational
Vehicles and Trailers to the Definition of " Camp
Facilities" and Update the Number of Days Overnight
Camping is Permitted on Private Residential
Properties from One ( 1) to Two ( 2) Consecutive
Nights.
Chapter 17. 04 ( General Provisions): Move
Definition of " Assembly Use" to be in Alphabetical
Order.
Chapter 17. 23 (P/ QP Public -Quasi Public District):
Add Language to Clarify that a Public -Quasi Public
Zoned Property Must be Fully Developed Pursuant to
City Requirements Prior to Being Occupied.
Chapter 17. 32 (R One -Family Residential District):
Update the Permitted Use Section Reference to Title
6 ( Animals) and Remove " Mobilehomes" as a
Permitted Use with an Administrative Approval.
Chapter 17. 36 ( RM Multi - Family Residential
District): Update the Permitted Use Section to
Reference Title 6 ( Animals), Remove " Mobilehomes"
as a Permitted Use with an Administrative Approval,
and Clarify Site Improvements and Design Review
Requirements.
Chapter 17. 38 (Historic Lathrop Overlay District):
Update the Historic Overlay District Map to be
Consistent with the Zoning Map.
Chapter 17. 44 (C Commercial District): Clarify that
Temporary Sidewalk Sales and Use of Public Right -
of -Way for Display and Sales of Merchandise
Conform to the Provisions of Chapter 8. 25 (Sidewalk
Vendors) and Clarify Site Improvements and Design
Review Requirements.
Chapter 17. 48 (I Industrial District): Clarify that an Industrial Zoned Property Must be Fully Developed
Pursuant to City Requirements Prior to Being
Occupied.
Chapter 17. 57 (Mossdale Landing Zoning): Remove
Adult Novelty Stores" as a Conditional Use in the
CS -MV, Service Commercial, CH - MV, Highway
Commercial ( Mossdale Landing) and CS - MV, Service
Commercial ( Mossdale Landing East) Zoning
Districts. Clarify Site Improvements and Design
Review Requirements in Various Sections.
January 13, 2025 Lathrop City Council Regular Meeting Minutes Page 6 14 Chapter 17. 58 (Lathrop Gateway Business Park
Zoning Districts): Modify Reference to the
Appropriate Section ( Article 5, Development
Standards) and Clarify Site Improvements and
Design Review Requirements.
Chapter 17. 59 (South Lathrop Zoning Districts):
Clarify Site Improvements and Design Requirements
in the CO -SL, Commercial Office and IL -SL, Limited
Industrial Zoning Districts.
Chapter 17. 62 (Central Lathrop Zoning Districts):
Prohibit Duplex on Residential/ Mixed Use Zoning
District East of Golden Valley Parkway, Update the
Permitted Use Section to Reference Title 6
Animals), and Clarify Site Improvements and
Design Review Requirements in Various Sections.
Chapter 17. 92 ( Landscaping and Screening
Standards): Add Language to Implement Senate BiII
1383 Promoting Use of Recycled Mulch and
Compost.
Chapter 17.00 (Site Plan Review): Add Language
to Clarify that a Property Must be Fully Developed
Pursuant to City Requirements Prior to Being
Occupied.
Ayes: Dresser, Lazard, Torres -O' Callaghan and Akinjo
Noes: None
Absent: Diallo
Abstain: None
5. 2 REVIEW MICROTRANSIT RFP RESULTS AND PROVIDE DIRECTION ON
TRANSIT
Deputy City Manager Thomas Hedegard provided the presentation, which included a project summary, an overview of microtransit services, the Request for Proposal ( RFP) process, summary of proposals received, and funding proposed for the transit program. City Manager Stephen Salvatore provided additional information.
On a motion by Mayor Akinjo, seconded by Vice Mayor Torres - O' Callaghan, the City Council adopted Resolution 25- 5715, reviewing the Microtransit RFP results, provided direction and approved Microtransit Option B with Unified Transit, and authorized the City Manager to execute related agreement, by the following roll call vote, unless otherwise indicated:
Ayes: Dresser, Lazard, Torres -O' Callaghan and Akinjo
Noes: None
Absent: Diallo
Abstain: None
January 13, 2025 Lathrop City Council Regular Meeting Minutes Page 7 15 5. 3 ESTABLISH A FINANCIAL INCENTIVE PROGRAM LIMITED TO NEW
RETAIL ESTABLISHMENTS LOCATING IN THE CITY EAST OF
INTERSTATE 5 AND APPROVE BUDGET AMENDMENT
Economic Development Administrator Shelley Burcham provided the presentation, which included an overview of the proposed retail incentive program and the eligibility process and incentive options.
On a motion by Vice Mayor Torres -O' Callaghan, seconded by Councilmember Lazard, the City Council discussed and adopted Resolution 25- 5716 establishing a Retail Incentive Program, and approving a budget allocation of $ 1, 000,00 of Measure D funds for the proposed program, and up to $ 250, 00 eligibility per project application for new construction, by the following roll call vote, unless otherwise indicated:
Ayes: Dresser, Lazard, Torres -O' Callaghan and Akinjo
Noes: None
Absent: Diallo
Abstain: None
5. 4 CITY COUNCIL DISCUSSION REGARDING KEEPING FOWL WITHIN CITY LIMITS
Police Chief Police Stephen Sealy provided the presentation, which included an overview of existing municipal code language for the city and neighboring agencies, and recent public concerns on the keeping of fowl.
On a motion by Vice Mayor Torres -O' Callaghan, seconded by Councilmember Dresser, the City Council discussed the matter and directed staff to agendize a future Public Hearing to consider amending the municipal code to remove the lot size requirement for keeping fowl, to allow residents with smaller lots in permissible areas to possess fowl as long as enclosure setbacks and sanitary conditions are Maintained.
Ayes: Dresser, Lazard, Torres - O' Callaghan and Akinjo Noes: None
Absent: Diallo
Abstain: None
5. DISCUSS OUT OF STATE TRAVEL FOR THE 2025 NATIONAL LEAGUE OF
CITIES CONGRESSIONAL CITY CONFERENCE
Government Services Director and City Clerk Teresa Vargas provided the presentation, which included an overview of the National League of Cities ( NLC) organization, details regarding the 2025 NLC Congressional City Conference, and options for Council consideration.
January 13, 2025 Lathrop City Council Regular Meeting Minutes Page 8 16 A question and answer period followed the presentation. City Attorney Salvador Navarrete provided additional information.
On a motion by Vice Mayor Torres -O' Callaghan, seconded by Councilmember Dresser, the City Council adopted Resolution 25- 5717 authorizing Option 2, out of state travel for Mayor Akinjo and Councilmember Diallo for the 2025 National League of Cities Congressional City Conference to Washington D. C., from March 8- 12, 2025, and approving related budget amendment.
Ayes:
Noes:
Absent:
Abstain:
Dresser, Lazard, Torres - O' Callaghan and Akinjo
None
Diallo
None
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR AKINJO REFERRAL - Mayor and Councilmember Assignments for 2025
Mayor Akinjo made the following appointments for 2025 City Council Assignments:
Assignment
Central Valley Executive Committee
Council of Governments BOD
Integrated Waste Mgmt. Task Force
Reclamation District 17 JPA
SJC Commissions on Aging
SJ Partnership Board of Directors
SJ Valley Air Pollution Control District
SJC Water Advisory Board
Tri Valley- SJV Regional Rail BOD
SJA Flood Control Agency
Ava Community Energy
LAFCo
Assignment
2x2 Meetings with City of Manteca
2x2 Meetings with LMFD
2x2 Meetings with Manteca USD
2x2 Committee for Banta SD
2x2 Economic Development Review
Delegate Alternate
Akinjo Diallo
Akinjo Diallo
Dresser Torres - O' Callaghan
Salvatore N/ A
Vacant N/ A
Salvatore N/ A
Dresser Akinjo
Torres - O' Callaghan Lazard
Akinjo N/ A
Dresser/ Lazard / Torres -O' Callaghan
Diallo Dresser
Diallo n/ a
Delegate
Akinjo
Diallo
Diallo
Torres - O' Callaghan
Torres - O' Callaghan
Two delegates required, and one alternate.
Delegate
Torres - O' Callaghan
Akinjo
Torres -O' Callaghan
Lazard
Lazard
6. 2 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S) - None
January 13, 2025 Lathrop City Council Regular Meeting Minutes Page 9 17 6. 3 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Dresser expressed appreciation on his appointment and invited the public to reach out to him as needed. Vice Mayor Torres - O' Callaghan expressed concern for the Santa Ana community experiencing intense wildfires and expressed appreciation to local firefighters dispatched to the Santa Ana area. Mayor Akinjo expressed similar sentiments related to the wildfires and thanked those in attendance.
7. ADJOURNMENT — There being no further business, Mayor Akinjo adjourned the meeting at 9: 39 p. m., in memory of the lost lives in the Southern California fires.
esa Vargas, MMC
vernment Services Director
City Clerk
January 13, 2025 Lathrop City Council Regular Meeting Minutes Page 10 18 ITEM 4. 3
CITY MANAGER' S REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
25- 463 OF THE CITY COUNCIL OF THE CITY OF
LATHROP UPDATING THE MILITARY EQUIPMENT
LIST FOR MILITARY EQUIPMENT USE POLICY NO.
706, FOR THE USE OF MILITARY EQUIPMENT BY THE
LATHROP POLICE DEPARTMENT, IN COMPLIANCE
WITH CALIFORNIA GOVERNMENT CODE SECTIONS
7070- 7075, ASSEMBLY BILL 481
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 25- 463 Amending Lathrop Municipal Code ( LMC) Chapter
9. 20 Titled " Military Equipment Use Policy", of Title 9 " Public Peace And Welfare" by Amending Section
9. 20. 050 Titled " Active Policies" to Update Existing Military Equipment List For Military Equipment Use
Policy No. 706, by Incorporating Funding,
Acquisition, And Use Of New Military Equipment for
the Lathrop Police Department, In Compliance With
California Government Code Sections 7070-075,
Assembly Bill 481 ( Chieu)
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 25- 463 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING CHAPTER 9. 20 TITLED " MILITARY EQUIPMENT USE POLICY", OF TITLE 9 " PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY AMENDING SECTION
9. 20. 050 TITLED " ACTIVE POLICIES" TO UPDATE EXISTING MILITARY EQUIPMENT LIST FOR MILITARY EQUIPMENT USE POLICY NO. 706, BY INCORPORATING
FUNDING, ACQUISITION, AND USE OF NEW MILITARY EQUIPMENT FOR THE
LATHROP POLICE DEPARTMENT, IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7070-075, ASSEMBLY BILL 481 ( CHIEU)
SUMMARY:
On January 13, 2025, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Diallo, Dresser, Lazard, Torres -O' Callaghan, and Akinjo NOES: None
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
eresa Vargas, City CI Date
19 ORDINANCE NO. 25- 463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING CHAPTER 9. 20 TITLED " MILITARY EQUIPMENT USE POLICY", OF TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY AMENDING SECTION 9. 20. 050 TITLED " ACTIVE POLICIES" TO UPDATE
EXISTING MILITARY EQUIPMENT LIST FOR MILITARY EQUIPMENT USE POLICY NO. 706, BY INCORPORATING FUNDING, ACQUISITION, AND USE
OF NEW MILITARY EQUIPMENT FOR THE LATHROP POLICE DEPARTMENT, IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7070- 7075, ASSEMBLY BILL 481 ( CHIEU)
WHEREAS, on September 30, 2021, Governor Newsom signed into law seven 7) major peace officer reform bills, including Assembly Bill ( AB) 481 ( codified in California Government Code Sections 7070- 7075), authored by Assembly Member David Chieu to address the funding, acquisition and use of items lawmakers deem to be considered military equipment; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 required each law enforcement agency' s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022; and
WHEREAS, during that time the City of Lathrop was under the jurisdiction of the San Joaquin County Sheriff' soffice, while working to transition into its own Police Department by July 1, 2022; and
WHEREAS, in preparation for the transition, on June 13, 2022, the City Council adopted Ordinance 22- 436, amending Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code ( LMC) by adding Chapter 9. 20 titled " Military Equipment Use Policy" to establish a policy for the proper use, funding and acquisition of military style equipment as set forth by AB 481 in compliance with California Government Code Section 7071; and
WHEREAS, Policy No. 706 authorized the new Lathrop Police Department to fund, acquire, and use thirty- five 5.6mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds; and
WHEREAS, on December 12, 2022, the City Council adopted Ordinance 22- 441, amending Chapter 9. 20 titled " Military Equipment Use Policy", by adding Section
9. 20. 050 titled " Active Policies" to incorporate new Lathrop Police Department Policy No. 606, regulating " Unmanned Aerial System ( UAS) Operations", and formally codifying previously approved Military Equipment Use Policy No. 706, in the Lathrop Municipal Code, in compliance with California Government Code Section 7071; and Ordinance No. 25- 463
20 WHEREAS, Policy No. 606 authorized the new Lathrop Police Department to fund, acquire, and use four ( 4) unmanned aerial systems ( known as drones); and WHEREAS, On January 8, 2024, the City Council adopted Ordinance 24- 453, amending Chapter 9. 20 titled " Military Equipment Use Policy", amending Section
9. 20. 050 titled " Active Policies" to update the existing Military Equipment List for Military Equipment Use Policy No. 706, by incorporating funding, acquisition, and use of new military equipment for the Lathrop Police Department, in compliance with California Government Code Sections 7070- 7075, Assembly BiII 481 ( Chieu); and WHEREAS, staff requests that the City Council hold a public hearing to consider an Ordinance amending Chapter 9. 20, titled " Military Equipment Use Policy", of Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code, by amending Section 9. 20. 050 titled " Active Policies" to update the existing Military Equipment List for Military Equipment Use Policy No. 706, by incorporating funding, acquisition, and use of new military equipment for the Lathrop Police Department , in compliance with California Government Code Sections 7070-075, Assembly Bill 481 ( Chieu); and WHEREAS, the City Council of the City of Lathrop, having received the information required under AB 481 regarding the proposed use of military equipment as defined in said law, deems it to be in the best interest of the City to approve and adopt the amended Military Equipment List for Military Equipment Use Policy No. 706; and
WHEREAS, the amended Military Equipment List for Military Equipment Use Policy No. 706 will be incorporated by reference in LMC Section 9. 20. 050 titled " Active Policies".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
That the amended Lathrop Police Department Military Equipment List for Military Equipment Use Policy No. 706, on file with the Lathrop Police Department and attached as Attachment D to the City Manager' s Report that accompanied this Ordinance, is hereby updated and adopted and will be incorporated by reference in Section 9. 20. 050.
Title 9 of the Lathrop Municipal Code, titled " Public Peace and Welfare" is hereby amended by adding new military equipment to Section 9. 20. 050 titled " Active Policies", to incorporate new military equipment categories to Military Equipment Use Policy No. 706, to read in its entirety as follows:
CHAPTER 9. 20 MILITARY EQUIPMENT USE POLICY
9. 20. 050 Active Policies
Ordinance No. 25- 463
21 The Lathrop police department has obtained approval of the city council, by ordinance adopting the following military equipment use policies, incorporated here by reference:
A. Military Equipment Use Policy No. 706, adopted by Ordinance 22- 436, for the funding, acquisition and use of thirty- five 5.6mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds.
B. Military Equipment Use Policy No. 606, adopted by Ordinance 22- 441, fund, acquire, and use of unmanned aerial system ( known as drones).
C. Military Equipment Use Policy No. 706, amended by Ordinance 24- 453, to add the funding, acquisition and use of 11 5.6mm semiautomatic rifles and ammo, eight Remington 870 Tess lethal launchers - drag stabilized 12 -gauge bean bag rounds, 50 sets of five units of super -sock bean bags ammunitions, and 3, 000
5.6mm and 9mm specialty impact munitions.
D. Military Equipment Use Policy No. 706, amended by Ordinance 25- , to add the funding, acquisition and use of 10 additional 5.6mm semiautomatic rifles and ammunition, 20 additional 40mm launchers and 96 40mm frangible impact rounds, 5 command and control vehicles, 24 tactical flash bangs, 1 sniper rifle with suppressor, and 6 submachine guns with suppressors.
Section 2. Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 4. Effective Date. This Ordinance shall become effective 30 days after adoption.
Section 5. Publication. The City Clerk shall certify to the introduction of this ordinance and shall publish a summary thereof and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption of the proposed ordinance; and within fifteen days after adoption, the City Clerk shall publish a
summary of the ordinance with the names of the members of the City of Lathrop City Council voting for and against the same.
Ordinance No. 25- 463
22 THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 10th day of February 2025, and was PASSED AND ADOPTED by the City Council of the City of Lathrop on this day of , 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 25- 463
23 PAGE LEFT
INTENTIONALLY
BLANK
24 City of
Quarterly Treasurer Report
December 2024
ITEM 4.
This report presents a detailed discussion of the City' sfund balances and investment portfolio as of December 31, 2024. It includes all investments managed by the City on its own behalf as well as the City' s Trustees. The report provides information on cash flows, broken down by both investment manager ( City or Trustee) and by percentage allocation within the portfolio.
As of December 31, 2024, the investment portfolio was in compliance with all state laws and the City' sInvestment Policy.
Current Portfolio Summary
As directed by the Investment Policy adopted by City Council, City staff strives to attain three primary goals with the City' sinvestments as follows ( in order of priority):
1. Safety — Preservation of the principal of invested funds
2. Liquidity — Ability to liquidate one or more of the City' sinvestments if unexpected expenditures arise
3. Return — Attainment of a market rate of return
The majority of the portfolio is invested in the Local Agency Investment Fund ( LAIF), which is administered by the California State Treasurer' soffice. LAIF provides the City with an investment vehicle with yields that are slightly greater than U. S. Treasuries ( T -bills) with a 2 -year maturity or less. LAIF is a high quality investment in terms of safety, liquidity, and yield. Additionally, LAIF is an " On Demand" account; meaning funds may be withdrawn upon with 1 day notice, representing maximum liquidity.
In addition to LAIF, the City holds investments in Money Market Mutual Funds, Nonnegotiable Certificates of Deposit, and State and Local Government Securities ( SLGS). These investments are prudent investment choices and are included in the City' s Investment Policy as allowable investments.
Each investment mentioned above has a specific maturity date. However, much of the portfolio is On Demand.
The short weighted average maturity provides the City with a great deal of liquidity during this period of heightened economic uncertainty and period of moderate investment yields. This liquidity places the City in a position to invest in longer term maturity investments once interest rates begin to stabilize toward their historical norms; overall macroeconomic indicators signal solid and consistent growth in future years.
The following table ( Table: 1) provides a summary of the City' scash and investments, by holding party, based on recorded value as of December 31, 2024 compared with the prior quarter:
25 Holding Party Fund Amounts (1)
of
Portfolio
Fund Amounts (i)
of
Portfolio
Investments/ Cash held by the City
Investments held by Trustees
206, 730, 344 61%
134, 675, 216 39%
213,3, 336
135, 002,55
61%
39%
TOTAL ! 341, 405, 560 00', 348, 235, 391
1) Small variances are due to the summation and rounding of multiple figures to the nearest whole dollar 00%
Please see the following pages ( Tables: 2 through 5) for a more detailed analysis of transactional additions and reductions due to cash flow needs, debt service payments, and maturities/ rollovers of certain investments.
Revenues arrived during the quarter, per City staff expectations, are as follows: utility payments, property tax, franchise fees, sales tax ( including Measure C), developer billing fees, grant reimbursements, building permit fees, plan check fees, and Transient Occupancy Tax (TOT).
Significant payables paid out during the quarter include:
Nonrecurring Expenditure Debt Service Payments, Capital Improvement Projects — General Government, Parks, Streets, Water, and Wastewater
II. Recurring Expenditures
a. Contractual — Park & Street Landscaping, and Wastewater Treatment Services b. Intergovernmental payments — South San Joaquin Irrigation District ( Surface Water Contract), Lathrop Manteca Fire District, City of Manteca ( Wastewater Contract) Quarterly Economic Update
According to the latest projections from PFM Asset Management; The fourth quarter of 2024 was characterized by an increase in yields and volatility as investors digested the potential impact of the new administration' spolicy proposals. Areas of focus include taxes, tariffs, immigration, and deregulation, which the market generally expects could result in more growth, larger budget deficits and higher inflation. The Fed cut the overnight rate by 25 basis points (bps) (0. 25%) at both its November and December meetings to bring the new target range to 4. 25% - 4. 50%.
The Fed' supdated " dot plot" implied only 50 bps of rate cuts in 2025, down from previous projections indicating a full percentage point of rate cuts in 2025. This revision, plus some pointed commentary from Fed officials, has resulted in the market generally expecting the Fed to pause rate cuts for some time. While sentiment remained positive in Q4 and continued to support risk asset valuations, the Fed' s "higher for longer" narrative towards the end of the quarter caused Treasury yields beyond one year to rise while equity markets sold off from all- time highs. The U. S. Tabor market continued to show strength with 511, 000 jobs added in Q4 compared to 477, 000 in Q3. Additionally, the unemployment rate ended the quarter at 4.1%, which is 0.4% higher than the calendar year low of 3.7%, but still near historic lows. Layoff rates continue to remain near multi - year lows and jobless claims also remain below their long- term averages while the pace of wage growth has stabilized.
I certify that all of the investments reported herein are in accordance with the " City of Lathrop Investment Policy" adopted on October 14, 2024, with the Government Code, and other contractual agreements. I further certify the investments reported herein provide for the ability of the City to meet cash flow needs for the next six months.
Step en J. Salvatore
City Manager
Cari James
Director of i ance
26 TABLE:
2 CITY
OF
LATHROP
Summary
of
All
Investments
As
of
December
31,
2024
City
Held
Investments
Recorded
Value
Current
Yield
Percent
of
Portfoli
o
Local
Agency
Investment
FundFargo Wells
Money
Market
Mutual
Funds
California
Asset Management
Program
000, 75 3, 210, 746 69, 142, 713
434%. 4. 350 % 4 .
730%
26 .
56% 1 .
14 %
24 .
49%
ToInv
tal
estments
Held
by
the
City (
1)
353, 49 147,
571% 4.
52 .
19%
Trustee
Held
Investments
Recorded
Value
Current
Yield
Percent
of
Portfolio
US
Bank UMB
Bank
Union
Bank Co
SJ
unty
Pooled
Funds
PFM
Asset Management +
Year
End
FMV
PNC
Bank
3, 588,61 1, 469 010 250, 303
129,7 650 514,32
4 .
430% 3 .
790 % 0 .
000% 0 .
260% 280% 4. 700% 4.
1 .
27% 0 .52 %
0 .
00% 09%. 45 .
75% 0 .
18%
Total
Investments
Held
by
Trustees (
2)
135, 00256
4 .
273%
81% 47.
Total
City &
Trustee
Held
Investments &
CashRecorded
Value
Current
Yield
Percent
of
Portfoli
o
Investments
Held
by
the
City
and
Trustees
Cash
inChecking
Accounts -
Recorded
Value
282, 355 51 879,7 65
428%.
100 .
00%
Total
Cash
and
Investments
348,
235,
391
One
month
benchmark
for
U. S
Treasuries:
Three
month
benchmark U.
for
S. Treasuries:
Notes: 1)
See
Table:
4 for
detailed
investments
held
by
the
City.2)
See
Table:
5 for
detailed
investments
held
by
Trustees. 4.
50%
4. 39%
27 TABLE:
3 CITY
OF
LATHROP
Investments
Cash
Fl
Analysisow
As
of
December
31,
2024
Investments
Held
by
the
City
Prior
Month
Recorded
Value
Purchased
Redeemed
Buy) (
Sell)
Local
Agency
Investment
Fund (
1)
Wells
Fargo
Money
Market
Mutual
Funds (
2)
California
Asset Management
Program
75, 000 3, 198 774 68, 866 991
11, 972 275, 722
Total
Investments
Held
by
the
City
147, 065 74
287, 695
Investments
Held
by
Trustees
Prior
Month
Rec
orded Value
Purchased Buy)
Redeemed Sell)
PNC
Bank
SJCounty
Pooled
Funds
UMB
Bank
US
Bank (
3)
PFM
Asset Management +
Year
End
FMV
512,57 181, 77
1, 464, 559 3, 287, 675 127, 051 802
1, 975 71,17 4,51 308, 411 259, 935
525) $ 7,088) $ 7, 132,
Total
Investments
Held
by
Trustees
132, 498 365 $
9, 646, 488 $ (
798) $, 142,
Total
Cash
inChecking
Accounts
Held
by
the
City (
2)
65, 278 612
16, 573, 465 (
200) $ 15, 972,
Total
Cash
and
Investments
Held
by
the
City
and
Trustees
344, 82 74 $
26, 507 648 $ (
998) $ 23, 114
Notes: 1)
LAIF
interest
income
is
paid
quarterly (
Mar/ Jun Sept/ Dec)
and
received
in
the
following
month (
Apr/ Jul Oct/ Jan) .
2)
Property
Tax,
Sales
Tax,
Building
permit
revenue,
TOT,
Developer
payments,
and
Utility
payments;
nonrecurring
expenses
month:
General
government,
Parks,
Streets,
Wastewater,
and
Water
CIPs;
also,
recurring
expenses:
Park &
street
landscape
water
treatment
services;
lastly, intergovernmental
payments
and
transfers:
SSJID
SCSWSP
O &
M
expenses.
3)
Interest
earnings
from
BlackRock
Liquidity
Funds
T -
Funds
30 Day
Yield
4. 430% ,
debt
service
payments .
28 TABLE:
4 CITY
OF LATHROP
Investments
Held
by
City -
Detail
As
of
December
31,
2024
Broker) Agency (
Investment Description
Yield
Coupon
to
Purchase
Maturity
Rate
Maturity
Date
Date (
No
LoAgencal
cy
Investment
Fund FargoWells
Mutual
Funds
Money
Market
Fund
City
Acct
No.
98- 39 437
N/ A
4.34%
Varies
On
Demand
75,
Money
Market
Mutual
Fund
City
Acct
No .
75,
12641627
N/ A
4 .
350%
Varies
On
Demand
3,
Califorina
Asset Management
Program Liquidity
Account
No .
6084- 001
3,
N/ A
730 % 4.
Varies
On
Demand
69,
69,
TOTAL
INVESTMENTS
HELD
BY
CITY $
147,
29 TABLE:
5 CITY
OF
LATHROP
Investments
eld H
by
Trustee -
Detail
As
of
December
31,
2024
Investment Description
Acct
Number
CUSIP
Current
Purchase
Maturity
Yield
Date
Investments
Held
by
US
Bank
03- 1
Series
2015 -
Mossdale
Vill
Assessme
nt age District
M
ossdale
Village
Assessment
Dist.
No.
03- 1
Series
2015 -
Redemption
Fund Mossdale
Village
Assessment
Dist.
N
03- 1
Serieso. 2005/1 -
Reserve
Fund
Mossdale
Village
Assessment
Dist. No.
03- 1
Series
2015 -
Prepayment
Fund FIN
LTHRP
REVEN
AUTH
BOND
UE
S
2023
SERIES
A
Money
Market -
Revenue
Account
Money
Market -
Special
Tax
Fund
Money
Market -
CFD
Reserve
Account
Money
Market -
ReAD
Reserve
Account
Money
Market -
Acquired
Obligations
Fund La
2003-A
throp
CFD
Money
MarketAcco
Interest
unt
Money
Market -
Reserve
Account
LAIF -
Interest
Account
CDPH/WR -
Loan
SRF
Agreement
Account
Agreement
Account -
Reserve
Fund
2015
Crossroads
Series
B Cro
2015
ssroads
Series
B -
2015
Crossroads
Series
B -
2015
Crossroads
Series
B - Cro
2015
ssroads
Series
B -
2015
Crossroads
Series
B -
LOIB
RDP
LOIB CoReserve st
of
Issuance Improvements COI
Custodian
Agreement
Investments
Held
by
PNC
Bank
by
Account
2012
Water
Refu
Loan (
of
nding
2000
Water
COPs)
Certificate
of
Deposit -
Reserve
Fund
6712138601 6712138602 6712138604 278276000 278276003 278276004 278276006 278276008 6711720001 6711712200 6711720002 6711908800 6711908801 6712138801 6712138803 6712138804 6712138805 6712198801
4.30% 4.30% 4.30% 430%. 4.30% 4.30% 430%.430%. 430%.430%. 4.34% 10/8/ 05 10/8 05 10/8/ 05 7/ 1 23 7/ 23 7/ 1 23 7/ 1 23 7/ 23 12/ 03 12// 03 03/ 19 On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand $
On
Demand $
On
Demand $
4 .
430%
12/ 20
On
Demand $
4 .
430 %
12/ 2/0
On
Demand $
4.30 % 4 .
430% 4 .430% 4 .430 % 430%.
09/1/ 15 09/1 15 09/1 15 09/1 15 09/1 15
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
T
otal
Investm
ents
Held
by
Trustee -
US
Bank $
4.700%
5/ 22/ 19
Total
Investm ents
Held
by
Tr
ustee -
PNC
Bank $
30 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detailof
As
December
31,
2024
Investment Description
Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
Investments
Held
by
UMB
Bank
by
Acco
unt Cen
2018- 1
tralLathrop
CFD
Improvement
Area
1 -
Admin
Expense
Reserve
Fund
Other Improvement
Areas -
Admin
Expense
Reserve
Fund
Improvement
Area
1 -
Principal
Account
Improvement
Area
1 -
Redemption
Account
Improvement
Area
1 -
Interest
Account
Improvement
Area
1 -
Admin
Expense
Account
Improvement
Area
1 -
Reserve
Fund
Improvement
Area
1 -
Surplus
Fund
Improvement
Area
2 -
Principal
Account
Improvement
Area
2 -
Redemption
Account
Improvement
Area
2 -
Interest
Account
Improvement
Area
2 -
Admin
Expense
Account Improvement
Area
2 -
Reserve
Fund
Improvement
Area
2 -
Surplus
Fund
Improvement
Area
3 -
Principal
Account
Improvement
Area
3 -
Redemption
Account
Improvement
Area
3 -
Interest
Account
Improvement
Area
3 -
Admin
Expense
Account
Improvement
Area
3 -
Reserve
Fund
Improvement
Area
3 -
Surplus
Fund
Improvement
Area
4 -
Principal
Account
Improvement
Area
4 -
Redemption
Account
Improvement
Area
4 -
Interest
Account
Improvement
Area
4 -
Admin
Expense
Account
Improvement
Area
4 -
Reserve
Fund
Improvement
Area
4 -
Surplus
Fund
Improvement
Area
5 -
Principal
Account
Improvement
Area
5 -
Redemption
Account
Improvement
Area
5-
Interest
Acco
unt
Improvement
Area
Admin5 -
Expense
Account
149232. 1 149232. 2 149232. 3 149232 .
4 149232 .
5 149232 .
6 149232 .
7 149232 .
8 149265 .
1 149265 .
2 149265 .
3 149265 .
4 149265 .
5 149265 .
6 149267. 1 149267. 2 149267 .
3 149267. 5 149267. 6 149267. 7 149268. 1 149268 .
2 149268. 3 149268. 4
149268.
5 149268.
6 149269. 1 149269. 2 149269. 3 149269. 4
3.790%
02/1 19
On
Demand
3.790%
02/1 19
On
Demand
3. 790 %
02/1 19
On
Demand
3 .
790%
02/1 19
On
Demand
3.790%
02/1 19
On
Demand
3.790%
02/1 19
On
Demand
3.790%
02/1/ 19
On
Demand
3 .
790%
02/1 19
On
Demand
3 .
790 %
02/1 19
On
Demand
3.790%
02/1/ 19
On
Demand
3 .
790%
02/1 19
On
Demand
3 .
790 %
02/1 19
On
Demand
3.790%
02/1 19
On
Demand
3 .
790%
02/1 19
On
Demand
3 .
790 %
02/1 19
On
Demand
3 .
790%
02/1 19
On
Demand
3.790%
02/1 19
On
Demand
3 .
790%
02/1 19
On
Demand
3. 790 %
02/1 19
On
Demand
3.790%
02/1 19
On
Demand
3. 790 %
02/1 19
On
Demand
3.790%
02/1 19
On
Demand
3.790%
02/1 19
On
Demand
3. 790 %
02/1 19
On
Demand
3.790%
02/1 19
On
Demand
3. 790 %
02/1 19
On
Demand
3 .
790%
02/1 19
On
Demand
3 .
790%
02/1 19
On
Demand
3. 790 %
02/1 19
On
Demand
3. 790%
02/1/ 19
On
Demand
31 TABLE:
5 CITY
OF
LATHR
OP
Investments Held
by
Trustee -
Detail
As
of
December
31,
2024
Investment Description
Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Dat
e
Improvement
Area
5 -
Reserve
Fund Improvement
Area
5 -
Surplus
Fund Cen
2018-
Lathro
tral
CFDp
Special
Tax
Fund
Surplus
Fund
Investments
Held
by
Jo
San
aquin
County
by
Account San itary Assessmen
Sewer
tDistrict #
1 Pooled
Funds -
Redemption
Account Investments
Held
by
PFM
Asset Management
Acco
by
unt
PFM ManagemenAsset
t
Money
Market
Fund
USTreasury
No
Bond /
te
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
149269. 5 149269. 6 149261. 1 149261 .
2 3 .
790%
02/1 19
3.790%
02/1 19
On
Demand $
On
Demand $
3. 790%
02/1 19
On
Demand $
3. 790%
02/1 19
On
Demand $
otal T
Investments
Held
by
Trustee -
UMB
Bank $
SJ
CO
FUND #
57961
0 .
260%
10/ 87
On
Demand $
Total
Investments
Held
by
Trustee -
San
J
oaquin
C
nty
ou
20260109
PF
M
Funds -
Govt
Select
AAAm
91282CJS1
4.250%
12/ 31 23
12/ 31 25
91282CGE5
3 .
875%
01/ 15 23
01/ 15 26
91282CGE5
3. 875 %
01/ 15 23
01/ 15 26
91282CGE5
3 .
875%
01/ 15 23
01/ 15 26
91282CGL9
4.000%
02/ 15 23
02/ 15 26
91282CG
L9
000 % 4.
02/ 15 23
02/ 15 26
91282CGL9
4 .
000%
02/ 15 23
02/ 15 26
9128286F2
2.500%
02/ 28 19
02/ 286
91282CGR6
4 .
625%
03/ 15 2
03/ 15 26
91282CKH3
4 .
500%
03/ 31 24
03/ 31 26
91282CGV7
3 .
750 %
04/ 15 23
04/ 15 26
91282CKK6
4 .
875 %
04/ 30 2
04/ 30 26
91282CHB0
3 .
625%
05/ 1 23
05/ 1 26
91282CK59
4 .
875%
05/ 31 24
05/ 31 26
91282CHH7
4. 125 %
06/ 15 23
06/ 15 2
91282CHH7
4.125%
06/ 15 23
06/ 15 2
91282CKY6
625% 4.
07/1 24
06/ 30 2
91282CHM6
4.500%
07/ 15 23
07/ 15 26
91282CLB5
4.375%
07/ 31 24
07/ 31 26
91282CHU8
4.375%
08/ 15 23
08/ 15 26
91282CHU8
4. 375%
08/ 15 23
08/ 15 26
91282CLH2
3. 750%
09/3 24
08/ 31 26
91282CHY0
4.625%
09/ 15 23
09/ 15 26
91282CJC6
4.625%
10/5 23
10/5 26
91282CJK8
4.625%
11/5 23
11/5 26
32 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detail
As
of
December
31,
2024
Investment Description
Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Subtotal:
91282CJK8 91282CJP7 91282CJP7 91282CJT9 91282CKA8 91282CKE0 91282CKJ9 91282CKR1 91282CKR1 91282CKR1 91282CKV2 91282CKZ3 91282CKZ3 91282CLG4 91282CLL3 91282CLQ2 91282CLX7 4 .
625% 4 .
375% 4 .375% 4.000% 4 .
125 % 4 .
250% 4.500% 500% 4. 4 .
500% 4.500% 4 .
625% 4.375% 4 .
375% 3 .750% 3.75% 3 .875% 4 .
125 %
11/5 23 12/5 23 12/5 23 01/ 15 24 02/ 15 24 03/ 15/ 24 04/ 15 2 05/ 1 24 05/ 1 24 05/ 1 24 06/ 17 24 07/ 15 24 07/ 15 24 08/ 15 24 09/ 16 24 10/5 24 11/5 24 11/5 26 12/5 26 12/5 26 01/ 15 27 02/ 15 27 03/ 15 27 04/ 15 27 05/ 1 27 05/ 1 27 05/ 1 27 06/ 15 27 07/ 15 2 07/ 15 2 08/ 15 27 09/ 15 27 10/5 27 11/5 27 33 TABLE: 5
CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detail
As
of
December
31,
2024
InvestmentDescription Acct
Number
Currenturchase P
Maturity
CUSIP
Yield
Date
natio
Supra -
nal
Agency
Bond /
Note
Intl
BK
Recon &
Develop
Notes
Intl
Finance
No
Corp
tes
Inter -
American
Devel
BKCorporate
Notes
Supra -
National
Agency
Subtotal
Federal
Bo
Agency
nd/ Note
Fannie
Mac
Notes (
Callable)
Federal
Lo
Home
an No
Banks
tes (
Callable)
Federal
Home
Loan
Banks
Notes (
Callable)
Federal
Home
Loan
Banks
Notes (
Callable)
FFCB FanBonds nie
Mae
Notes (
Callable)
Fannie
Mae
Notes (
Callable)
Federal
Agency
Subtotal:
ToInterest tal
Accrued
Interest +
Year
End
FMV
459058LE1
4 .
750 %
04/ 10 2
04/ 10 26
45950KDF4
375% 4.
12/ 06 23
01/ 15 27
4581X0EM6
4.375%
12/ 23
02/1 27
3134GXM35
3.600%
08/5 22
08/1 25
3130AN3T5
1 .
000%
03/ 21
03/ 26
3130ALGJ7
000% 1.
03/ 21
03/ 26
3130ANCD0
1.10%
07/ 30 21
07/ 26
3133EPSW6
4 .
500%
08/ 14 23
08/ 14 26
3135G06L2
0. 875 %
12/8 20
12/8 26
3135GAS28
5.420%
04/ 30 2
04/ 237
Total
Investments
Held
by
Trustee -
PFM
Asset Management $
Total
I
nvestments
Held
by
Trustees $
34 ITEM 4.5
CITY MANAGER' S REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT THE GENERAL PLAN HOUSING ELEMENT
ANNUAL PROGRESS REPORT FOR CALENDAR YEAR
2024
RECOMMENDATION: Adopt Resolution to Accept the General Plan Housing Element Annual Progress Report for Calendar Year
2024 and Authorize Staff to Submit the Report to the
Governor' sOffice of Planning and Research and
State Department of Housing and Community
Development
SUMMARY:
The purpose of the Housing Element Annual Progress Report ( APR) is to provide the City Council and the State with the City' s progress on the General Plan Housing Element' simplementation programs and status towards meeting the City' sfair share of the Regional Housing Needs Allocation ( RHNA).
Each year, California cities are required to prepare an APR on the status of implementing the General Plan Housing Element, and to submit the report to the State Department of Housing and Community Development ( HCD) and the Governor' soffice of Planning and Research ( 0PR). Using a form provided by HCD, staff provides data to create a snapshot of housing production across affordability levels, a listing of development applications received, and an update on housing program implementation. The annual progress report must be provided to the City Council for review and authorization prior to sending to the State.
BACKGROUND:
The City Council adopted the City' s Housing Element on December 9, 2019 and received certification by HCD on February 7, 2020. The Housing Element is one ( 1) of seven ( 7) mandated elements of the City' s
General Plan and includes information
related to the City' s existing housing needs, an analysis of the City' s population and employment trends, household characteristics, an inventory of land suitable for residential development and goals, policies and programs intended to meet the identified housing needs and state -mandated requirements.
Under California Government Code Section 65400( 2), Planning staff is required to prepare a General Plan Housing Element Annual Progress Report for review by the City Council and submittal to 0PR and HCD by April 1st of each year. 35 CITY MANAGERS REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
HOUSING ELEMENT ANNUAL PROGRESS REPORT
As part of the update to the City' s Housing Element, the City is required to identify sites to accommodate its fair share of the RHNA, as established by HCD and managed by the San Joaquin Council of Governments ( SJCOG). In summary, the RHNA process allocates the State' sfuture housing needs to each County. The State HCD identifies housing needs for each region in response to projected population and household growth, and mandates that each Council of Governments ( COG) distribute the RHNA to each jurisdiction ( Cities and Counties). The City' s 2019 Housing Element update identified a number of sites that could accommodate the City' sfair share of the RHNA, in all income categories. The following table represents the City' s RHNA ( excerpt
from the 2019 General Plan Housing Element):
TABLE 1: REGIONAL HOUSING NEEDS ALLOCATION ( 2014- 2023) PROGRESS Status Extremely
Low Very Low Low Moderate
Above
Moderate
TOTAL
RHNA Allocation 526 493 759 957 2, 421 5, 156
Built 0 0 0 291 1, 571 1, 600
Under Construction/
Permitted
0 0 0 02 197 197
Remaining Allocation 526 493 759 928 653 3,59
1INCLUDES 18 HOMES BUILT IN 2014 AND 9 HOMES BUILT IN 2015 SOLD AT MARKET - RATE PRICES AFFORDABLE TO MODERATE INCOME HOUSEHOLDS AND INCLUDES 2 ADDS BUILT IN 2017 AND 2018
2104 BUNGALOW UNITS ARE UNDER CONSTRUCT/ ON IN RIVER ISLANDS; THESE UNITS WILL BE MONITORED AS THE DENSITY AND SIZE OF THE UNITS MAY YIELD MARKET - RATE SALES PRICES AFFORDABLE TO MODERATE INCOME HOUSEHOLDS. 3THERE IS THE POTENTIAL FOR SOME OR ALL OF THE APPROVED 350 MULTIFAMILY UNITS TO BE DEVELOPED AS AFFORDABLE UNITS, IF THE DEVELOPER SEEKS ADDITIONAL FUNDING OR SELLS ONE OR MORE OF THE PROJECTS TO AN AFFORDABLE HOUSING DEVELOPER.
SOURCE: SAN JOAQUIN COUNCIL OF GOVERNMENTS, 2014; ZILLOW. CM; CITY OF LATHROP, 2019 Each income category is defined as a percentage of the Area Median Income ( AMI), as established by HCD which is currently $74, 988 for a four -person household. The income categories are then used to calculate housing affordability for rental and owner occupied housing. Each income category is defined as follows:
Extremely Low Income Households have a combined income at or lower than 30 percent of AMI.
Very Low Income Households have a combined income between 30 and 50 percent of AMI.
Low Income Households have a combined income between 50 and 80 percent of AMI.
Moderate Income Households have a combined income between 80 and 120 percent of AMI.
Above Moderate Income Households have a combined income greater than 120 percent of AMI
The forms provided by HCD were originally adopted in 2010 and have recently been updated pursuant to Assembly Bill 879 ( AB 879) and Senate Bill 35 ( SB35), which now include information related to the number of development applications received and approved and list of sites rezoned to address RHNA shortfall. 36 CITY MANAGERS REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
HOUSING ELEMENT ANNUAL PROGRESS REPORT
In summary, the forms require the following information:
PAGE 3
Status of the plan and progress in its implementation
Progress in meeting its share of the regional housing needs The number of housing development applications received in the prior year The number of units included in all development applications in the prior year The number of units approved and disapproved in the prior year The degree to which its approved general plan complies with the adopted General Plan guidelines
Site rezoned to accommodate that portion of the City' s share of the regional housing need for each income level.
Number of building permits issued and development applications received using the streamlined review process ( SB 35).
Locally owned lands included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of.
Locally owned or controlled lands declared surplus pursuant to Government Code Section 54221, or identified as excess pursuant to Government Code Section 50569.
Progress on the LEAP Grant including the amount of reimbursement requests that have been made by the City.
The Planning Commission considered the Housing Element Annual Progress Report for Calendar Year 2024 at their February 19, 2025 meeting. At the conclusion of the public meeting, the Planning Commission voted 3-0 to recommend the City Council accept the Housing Element Annual Progress Report for Calendar Year 2024 and authorize staff to submit the report to OPR and HCD ( Attachment 4).
ANALYSIS:
Staff has prepared the 2024 Lathrop Housing Element Annual Progress Report, included as Attachment 2.
New Applications Received
The City processed twelve ( 12) residential entitlement applications for new residential development that may result in 1, 093 new units. The City received and processed the following entitlement applications in 2024.
Architectural Design Review —
Van Daele Westwind
Van Daele Monterey
Kiper Homes Skye
Taylor Morrison Paddlewheel
Lennar Heritage & Meridian
Pulte Mainstay
New Home Bridgeway
River Islands
87 single- family dwelling units
75 single- family dwelling units
62 single- family dwelling units
105 single- family dwelling units
133 single- family dwelling units
77 single- family dwelling units
162 single- family dwelling units
37 CITY MANAGERS REPORT
MARCH 1O, 2025 CITY COUNCIL REGULAR MEETING
HOUSING ELEMENT ANNUAL PROGRESS REPORT
Signature Homes Clearwater 65 single- family dwelling units Tri- Pointe The Tides 152 single- family dwelling units Architectural Design Review -
K Hovnanian Mariposa
Architectural Design Review -
Tesoro Homes Warren Ave Sub.
Mossdale Landing
66 single- family dwelling units
East Lathrop
7 single- family dwelling units
Pending Applications
Signature Homes Overland 102 single- family dwelling units PAGE 4
New Home Construction
The City issued a total number of 732 residential building permits in 2024, which represents an increase of 148 more than 2023 ( a total of 575 residential permits issued in 2023). Of the 732 residential building permits, 709 are single- family residential units and 22 are multifamily residential units ( 5+ units per structure), and are considered " Above Moderate" affordability. The remaining residential building permit is for one ( 1) accessory dwelling unit and is considered " Moderate" affordability.
Progress Towards Meeting RHNA
As illustrated in Table B of the HCD Forms below, the City has issued 5, 803 building permits for residential development for the 2015 - 2024 Housing Element Planning Period.
Income Level
RHNA
Allocation
by
Income
Level
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
Total
Units
to
Date
y allls)
Total
Remaining
RHNA by
Income
Level
Very Low
Deed
Restricted
1019 1019
Non -Deed
Restricted
Low
Deed
Restricted
759 759 Non -Deed
Restricted
Moderate
Deed
Restricted
957 371 586
Non - Deed
Restricted
148 179 34 9 1
Above
Moderate
2421 343 170 297 383 389 679 950 924 566 731 5, 432
Total RHNA 5156
Total Units 343 170 297 383 389 827 1,29 958 575 732 5, 803 2, 364 38 CITY MANAGERS REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
HOUSING ELEMENT ANNUAL PROGRESS REPORT
CEQA REVIEW:
PAGE 5
The proposed Housing Element Annual Progress Report for Calendar Year 2024 is not considered a project as defined in Article 20 § 15378 of the California Environmental Quality Act ( CEQA) Guidelines. This report does not authorize construction of any housing. However, the housing units reported as being permitted for construction are subject to their individual environmental review document previously established, reviewed and approved by the City.
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, adopt a resolution to accept the Housing Element Annual Progress Report for Calendar Year 2024 and authorize staff to submit the report to the OPR and HCD.
FISCAL IMPACT:
The request has no fiscal impact to the City other than staff time to prepare the report.
ATTACHMENTS:
1. Resolution for Housing Element Annual Progress Report for Calendar Year 2024
2. Housing Element Annual Progress Report for Calendar Year 2024
3. Planning Commission Resolution No. 25- 3
39 CITY MANAGERS REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
HOUSING ELEMENT ANNUAL PROGRESS REPORT
APPROVALS:
udson
lanner
Ri Cag , r= t
ommu y Development Director
PAGE 6
Z ?
Date
S/ 2vz5
Z Z S Z 0Z -5 -
Date
La- 14: 21- C
Salvador Navarrete Date
City Attorney
e•?. g•2,5*
Stephen' Salvatore Date
City Manager
40 RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
THE GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2024 AND AUTHORIZE STAFF TO SUBMIT THE REPORT TO
THE GOVERNOR' S OFFICE OF PLANNING AND RESEARCH AND THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, California Government Code Section 65400( 2) requires the planning agency to provide an annual report to the City Council, the Governor' sOffice of Planning and Research and the State Department of Housing and Community Development ( HCD) regarding progress toward implementation of the housing element of the general plan; and
WHEREAS, planning staff has prepared an annual progress report for the calendar year 2024, utilizing the prescribed forms and instructions provided by the State Department of Housing and Community Development; and WHEREAS, the Planning Commission held a public meeting on February 19, 2025 and adopted Resolution No. 25- 3, recommending the City Council accept the report and authorize staff to submit the report to the Governor' sOffice of Planning and Research and the State Department of Housing and Community Development; and
WHEREAS, the proposed Housing Element Annual Progress Report for Calendar Year 2024 is not considered a project as defined in Article 20 § 15378 of the California Environmental Quality Act ( CEQA) Guidelines; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lathrop does hereby find the proposed Housing Element Annual Progress Report for Calendar Year 2024 is not considered a project as defined in Article 20 § 15378 of the California Environmental Quality Act ( CEQA) Guidelines; and
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings, its findings above and pursuant to its independent review and consideration, hereby receives and accepts the annual progress report on the Housing Element, listed as Attachment 2 of the City Managers report that accompanied this resolution, and authorize staff to forward the report to the Governor' sOffice of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400( 2).
41 PASSED AND ADOPTED by the City Council of the City of Lathrop at a regular meeting on the 10th day of March, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 42 ATTACHMENT " 2
Housing Element Planning Period 12/ 31/ 2023 - 12/ 31/ 2031 Building Permits Issued by Affordability Summary
Income Level Current Yea
Very Low
Deed Restricted 0
Non - Deed
Restricted
Low
Deed Restricted p`
Non -Deed
Restricted 0
Moderate
Deed Restricted
Non -Deed
Restricted
Above Moderate 731
Total Units 732
Note: Units serving extremely low- income households are included in the very low- income permitted units totals Units by Structure Type Entitled Permitted Completed
Single- family Attached 0 0 0
Single- family Detached 926 709 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 22 0
Accessory Dwelling Unit 0 1 0
Mobile/ Manufactured Home 0 0 0
Total 926 732 0
Infill Housing Developments and Infill Units Permitted of Projects Units Indicated as Infill 0 0
Not Indicated as Infill 732 732
Housing Applications Summary
Total Housing Applications Submitted: 12
Number of Proposed Units in All Applications Received: 1, 093 Total Housing Units Approved: 1, 093
Total Housing Units Disapproved: 0
Use of SB 423 Streamlining Provisions - Applications
Number of SB 423 Streamlining Applications
Number of SB 423 Streamlining Applications Approved
0 0
43 Units Constructed - SB 423 Streamlining Permits
Income Rental Ownership otal
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units of Projects Units SB 9 ( 2021) - Duplex in SF Zone 0 0
SB 9 ( 2021) - Residential Lot Split 0 0
AB 2011 ( 2022) 0 0
SB 6 ( 2022) 0 0
SB 423 ( 2023) 0
Ministerial and Discretionary Applications of Applications Units Ministerial 11 991
Discretionary 1 102
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count Programs Implemented 42
Sites Rezoned to Accommodate the RHNA 0
44 ANNUAL
ELEMENT
PROGRESS
REPORT
Housing Element
Implementati
on
Jurisdiction
Lathrop Reporting
Year
2024 (
Jan.
1 -
Dec.
31)Table
D
Program
Implementati
St
atus on
ursuant top
GC
Secti
on
65583
Housing
Programs
Progress
Report
Describe
progress
of
all
programs
including
local
efforts
to
remo
governmentalve
constraints
to
the
maintenance,
improvement,
and development
of
housing
element.
1 2
3 4
of PrograName
m
Objective
Timeframe
in
H .
E
Status
of
Pr
ogram
Program
la
To
ensure
adequate
sites
for extremely
low,
very
low,
low,
and
moderate
income
housing
av
are
ailable throughout
the
planning
period
to
meet
the
sCity'
RHNA,
the
City
co
will
ntinueto
biennially
update
the
inventory
of
lower
mo
and
derate
income
sites (
A ppendix
A).
The
update
shall
remove
sites
that
have
been
developed
and
add
any
replacement
ornew
sites.
The
update
shall
ensure
that
the ofinventory
residential
site
cos
ntinues
to
include
sites appropriate
for
a
variety
of
single
family
andmultifamily
housing type
s
as
well
as
sites
toaccommodate
single
room occupancies
and
emerge
ncy
she
lters.
Update
in
ventory
on
a
biennial
basis
and
make
inventory availabl ate
City
Hall
and
on
the
City
website.
Th
e
City
c
ontinues
tomaintain
the
inventory
of
the
Housing
Element) .
As
de
velopment
occurs,
the
and
published .
Invent
ory
de
veloped
as
part
of
the
maintained
through
the
H
ousing
Element
Planning
45 Program
lb
Continue
toonitor m
the
of
amount
land
zoned
for
both
single
family and
multifamily
development
and
that ensure land use
and
zoning
decision
s
do
ot n
redu
sites
availceforable aff
ordable
housing .
See
Pr
lb
in
theogr amHousing Eleme
nt for
the
full language.
Ongoing through
the
devleopment
review
proces
s
The
City
continues
tomonitor
and
maintain
the
single
family
and
multi -
f
amily
developments
and
en
decisions
do
not
reduce sites
availablility
f
or
aff
Continue
to
development
enco urage ofdesigned well -
and innovative
projects
that
provide
for
the
development of
compatible
residential,
commercial,
industrial,
institutional,
and/
publicor
uses
within
a
single
project
or
neighborhood
by
continuing
to
The
City
continu
es
toencourag
e
well
design
ed
and
the
West
Lathrop
and
Central
Lathrop
Specific
Plans .
Plan
continues
to
be
built -
out
and
as
de
velopment
Program
lc
implement
the
West
Lathrop
and
Ongoing
Architecture,
Landscaping,
and
De
velopment
Plan
Central
Lathrop
Specific
Plans,
which
encourage
mixed
use development
as
well
as
a
range
of
uses
through
allo
wing
higher
building
intensities,
reduced
parking requirements,
reduced
setback
and
yard requirements,
allo
w
for
a
higher
building
height,
and
greater
floor
area
ratios.
Lathr
op
Specific
Plan
and
the
River
Isl
ands
Urban
associated
neighborhood
sp
ecific
Architecture
St
andard s.
Development
within
the
Central
L
athrop
and
will
continue
to
occur
within
the
Housing
46 Program
ld
Support
affordable
or
special
needs
including
senior,
disabled,
developmentally
disabled, farmworker,
hom eless, l
family, arge and
single female head
of
family)
hou sing projects
applications
for
federal,
state,
and/
or
regional
programs,
including
CDBG,
HOME,
project -
based
Section
8/ 211,
Low
Income
Housing
Tax
Credit,
and
HCD
grapront
grams,
that
may
be
sed u
for dev
the
elopment
and
on -oing g
affordability
of
lower
income
and
special
needs housing. Support
for
applic
ations
shall provbe
ided
through
sta
ff
technical assistancewith
the application ( e. g .,
assisting
with completing
application
components
related
devto
elopment
review
and
environmental
compliance)
where
appropriate
and
City
Council
conside ration
of
resolutions
indicating
losuppocal
rt
for
each
project.
Ongoing
ona
proj
ect -
by -
proje
basis ct
The
City
c
ontinu toes
supp
ort
affordable
or
special
applications
f
or
such
d
evelopm ents
are
received,
th
e
in
preparing
and submitting
grant
applications
for
special
needs
housing
grants
were
submitted
in
2024 .
47 Evaluate
State -
administered
funding
programs on
a
biennial
basis
to
determine
if
there
ar
e
additional
appropriate
programs toencourage
affordable
housing
developme nt or
for
the
City
toto
use
augment
First
TimeHomebuy for
lowerer program income households and
request
funds
when
Bienially (
by
Decemb
The
er
City
will
evaluate
State -
administered
funding
appropriate
and
available.
As
soon
as
31st
of
2021
and
todetermine
if
there
are
additional
programs
possible,
request
SB
2 funds
to
develop
2023);
SB
2 affordable
housing
development
or
for
the
City
to
Program
le
additional
housing
incentives, such
as
funding
to
be
requested
Hom ebuyer
pr
ogram
for
l
ower
incom
e
hous
eholds
reduced
structures
fee
for
senior, disabled,
a
nd
other
special
needs
housing
where
a
nexus
can
be
demonstrated
that
service
demands
for
ho
such
using
a
re
less
than typic
al
single
family
muor
ltifamily housing, pre -
approved
plans
for
small-cale
infill
housing
projects
that
include
an
affordable
component,
and
a
plan
for
of
use
future
SB
2 funds.
oncurrently c
with
Housing
Element
Update (
2019)
appropriate
a
nd
available .
The
City
r
ecei ved
for
a
variety
of
pr
ograms,
including
Accessory
building
plans.
Continue
to
consider
regional
development
through
working
with
Program
lf
SJCOG
and
local
jurisdictions to
plan
for
high
quality
dev elopmenregional
t,
including
adequate
affordable
housing,
by
reviewing
SJCOG
data
and
o
nline
resources
to
track
regional
development,
and
by
pro
viding
input
into
dev elopmenthe
t
of
me
thodolo thegy fo
r
allo
cating
the
region' s
Ongoing
The
City
continues
tomonitor
and
support
The
City
w
orks
closely
with
the
City
ofManteca
and
ensure
devl
eopment
is
c
ompatible
with
adjac
ent
Regional
Housing
Needs Allocation.
48 Program
1g
Continu
e
address to
andencourage
lower
income
housing,
ecial
sp opulations, p
and
homeless
needs
onan
annual
basis
through devel
and oper
service
provider
outreach
and
through
participation
in
the
Urban
County/ County
Continuum
of
Car
e.
As
part
of
th
e
development of
the
AnnualAction
Plan
for
CDBG/ HOME
funding,
contactpotential housing
developers
and
service
providers
andencourag
e
their
submittal
of funding application
s
and
housing proposals that
thuse
e
allocatio
City' s
asn
well
as
the
Countywide
allocation
of
funds
for
extremely
low
income
housing,
very
low
income
housing,
and
low
income housing
as
well
ashousing
for disabled,
seniors,
veterans,
homeless,
and
other
special
needs populations. See
Program
lg
in
Hou
the
sing
Elemen
t
for
the
full language.
With
Annual
Action
Plan
publi
c
hearing
otices n
The
City
continues to
encourage
devel
opers
to
income
housing.
The
City,
incoordination
with
San
CDBG
funds
for
public
facilities,
the
GAP
Lo
an
assistance)
HOME
Programs (
First
Time
Hom
e
property
R
ehabilitation
Program .
C
ollectively,
these
Funds
and
are
administered
by
the
San
Joaquin
Preservation
Division.
Information
related
to
CDBG
website,
under
the
Economic
Development
webpage .
Maintain
information regarding
homeless
sheltersand
services
available
to
City
residents. Ongoing; This
di
stribute
The
City
will
mai
ntain
inf
ormation
related
to
H
Program
lh
information
shall
be
available
at
City
Hall,
the
Lathrop
Co
mmunity
Center, the
brochures
on
amonthly
basis
or
as -
needed
available
to
City
residents .
Library,
and
theon
City' s website.
The
City
shall
participate
with
San
Joaquin
County' s
efforts
to
address
fa
hormworker
using
needs.
The
City
will
work
with
S
an
Joaquin
C
nty ou
to
Program
li
Participation
with
the
Co
unty
may
include
identification
of
potential sites and sofunding
urces
available
for
farm
labo
r As housing.
needed
Particip
ati on
may
include
identification
of
sites
development
and
identification
of
funding
sources.
49 Continue
toork w
with
the
San
Joaquin
Housing Authority by
providing
housing
information
requested
by
theHousing
Authority
in
a
timely
manner .
Encourag
e
Ongoing;
including
Program
1j
the
Housing Authority to
issue
more
Housing
Auth ority in
The
City
will
provide
any
information
the
San
vouch
City toers residents
in
need
and
to
make
efforts
to
increase
the
of
use vouchers
for
rental
of
single
family
homes
due
to
the
City' s
limited
supply
ofmultifamily
housing.
annual
mailing
under
program
1g
needs
and/ orNo requests .
action
in
2024.
Continue
to
permit
Planned DevelopmenDistrict t
zoning
that
promotes
a
v
ariety
of
housing
types
in
the
City
through
the
utilization
of
As
development occurs
and
developm
ent
review
and
make
recommendations
towards
Planned
Program
1 k
innovative
development
techniques
and
flexible
standards,
such
as:
zerolot
lines,
clustering
of
dwelling
units,
narrower
streets,
increased
densities,
and
fewer
dedication
requirements.
Ongoing
addtion,
as
inquiries
are
recei
ved
on particular
whether
aPlanned
Development
Zoning
wo
uld
Development
Rezone
requests
were
pr
ssed oce
in
50 Program
1I
Facilitate
the
dev
el opment of
arket m
rat
e
rental
hou sing and
ffordable a
f
sale or -
and
rental
housing,
including
housing
fextremely or l
low,
and ow, very low
inc
and
specialome groups needs
populations,
through
the
following: •
Regulatory
incentives,
such
as
expediting
permit
processing,
deferr
edfees,
and/or reduced
parking requirements
based
the
bedroom on mix
of
the
project;
and •
Encourage
developers
to
utilize
the
density
bon
us
and
incentivprovisions e
requir
edby
State
law;
and •
Publicize these
incentives
fomarket r
rate housing to
developers
and/ or
other
interested
parties
by
providing
informational
flyers
at
theCommunity
Development Departme co
nt' s
unter
and
in
development
project applications.
Ongoing
The
City
did
not
receive
an application
for
e
xtremely
income
groups
and
special
needs
populations
in
51 Program
lm
Encourage a
rang
e
of
housing
for
typ
es
the developmentally
disabled
through oordination c
with
theValley Mountain
Regional
Center
to
identify
needed
housing
types,
such
as
independ
ent
living opportunities and
group
homes
and
other
facilities that
ovide prassistance
to
reside
Prnts. ojects that
provide housing for
developmentally
disabled
persons
will
be
assisted
through
priority/ expedited
processing,
assistance
with
funding
application
s, assistance
and
with
any
density
b
onus
reque stsfor dena
sity
bonus,
reduced development
standards (
e. g.,
minimum
lot
size,
setbacks,
parking,
etc)
or
other
incentives. Continue
to
refer
households
with
devea
lopmen tally
disabled
member
to
the
Valley
Mountain
Regional
Center
foassistance. r
Ongoing
This
pr
ogram
isoing.ng
The
Cityencourages
housing
typies,
including
housing
for
requesting
information
r
egarding
housing
for
th
e
de
directed
to
the
ValleyMountain
Regional
Center .
Program
1 n
Revise
theZoning
Code
reto
quire
ministerial
approval,
which
may
include
site
plan
review,
for
housing
developments
that
include
minimum a
of
20 percent
of affordable tounits
lower
income
onhouseholds
the
following
sites
consistent Gowith
vernment
Code
65583.
2:
1:
21331033
2:
21321006
3:
19121017
5:
19122032
6:
19122039
7:
19122040
8:
19122059
11:
19608021
12:
19608026
13:
19608072
No
later
than
December
1,
2022
due
to
statut
reory
quirements
to
be
co
mpleted
within
3 years
ofHousing
Element
ado
ption
Th
e
City
adopted
Ordinance
No .
22- 442
inNovember
housing
developments
that
include
minimum a
20 lower
income
household
s
shall
be
ministerial
and
This
language
was
added
Multifamily to
Residential
compl
ete .
52 Pro gram
2a
Continue
to
offer
pr
e -
applicati
oneetings m
to
all developers
with
various
City
staff representing
numerous
City
departments (
e. g.
planning,
building,
engineering,
etc.)
to
discuss
project
design,
city
standards,
necessary
public
improvements,
nda
funding ategi str
es . Ongoing
The
City
continueso
offer
pre -
application
meetings
community .
The
City
had
four (
4)
pre -
application m
2024,
including a
pre -
application
for a
resid
ential
Provide
incentives
toencourage
the development
of
special
needs
and
affordable
housing.
This
program
is anticipated
to
a
ssist at
least
four
projects,
cooin
rdination
with
other
applicable
programs.
Incentives
shall
include: •
Allowing
developers to
submit
col
ncurrent/" piggyback"
applications
e. g, rezo nes , tentative
tract
maps,
conditional
use
permits,
variance
requests, etc. ) to
streamline
processing
ofdevelopment
projects
that
require
The
City
continues
to
offer
incenti
ves
through
the
The
City
all
ows
developers
to
submit
concurrent/ "
Program
2b
multiple
City approvals
or
entitle
ments; •
Pro videtechnical
assistance
with
the
e
ntitlement
process
for
projects
that
propose
extremely
low-,
very
low-,
and
lowincome
housing
or
that inclu
dea
significant
portion
of
units for
spe
cial
needs
households . • Conside
ration of
fee waivers
or
fee
deferrals,
where
deemed
appropriate,
projects
providing
housing
for extremely
low-,
very
low-,
and
low
income househo
lds
or
special
hou seholds. Seeneeds
Program
2b
in
theHousing
Element for
the
full
langua ge.
Ongoing
streamline
processing
of
dev
elopment
project
s
that
approvals,
pr
ovide
technical
assistance
with
the
c
onsider
fee
waiver
s
for
projects
that
pr
oposed l
ow
program
is
oing .ng
53 Program
2c
Continue
tomonitor
average
processing
times
for discretionary velopm de
ent
permits
on
a
biennial
basi
s
and regularly
review
the
Zoning
Code
and
th
e
City' s
development projectocessing pr
procedures
to
identify
changes
to
further
reduce
housing
costs
and
average
permit
processing
time .
Wh
er
e
changes
arefeasible
impltoement,
update
the
Zoning
Code
nda
amend
th
e
City' s
processing
procedures
to
reduce
housing
costs
and processing
times.
Bienial
review (
2021,
2023)
The
City
will
monitor
processing
times
for
d
on
a
bienial
basis.
The
City
r
eviews
and
updates
the
Zoning
Omnibus)
to
provide
consistency
updates
velopment de
application
pr
ocessing .
This
pr
ogram
Program
2d
Rev aff
iew
ordable
housing
and
in -
fill
projects
for
eligible
CEQA exemptions ex
and
empt
those
projects
that are
eligiblefrom
further
CEQA review.
In
order
toencourage
u
seof
CEQA
exemptions
and
the
advance
CEQA
work
that
has
been
completed
for
themajority
of
the
sCity'
lower
income
s
ites , ensu
re
that
the inventory
maintained
un
der
Program
la
identifies
the
required
a
pprovals,
including
revCEQA
iew,
so
that developers
understand
that the
City
has
minimal
reprocessing
quirements
for
its
lower
sites.income
Ongoing
for
reviof ewdevel opment
applications;
concurrent
with
the
H
ousing
Element
update
information
provided todevelopers to
identify
sites
eligible
for
CEQA
exemptions
for
CEQA
review
has
been
completed .
As
part
of
the
re
view of
a
d
evelopm ent
applicati
on
Det
ermination
as
to
whether
a
pr
oject
is
exempt,
will
Enviro
ental nm
Impact
Report.
The
City
will
re
view
projects
for eligibility
for
a
CEQA
exemption
as
received.
Program
2e
Review
a
ll
updates
and revisio
ns
to
the
City' s
o rdinances,
codes,
policies,
and
pro
cedures
to
ensure
that
they
do
not
constrain "
reasonable accommo
dation"
for
disabled
persons
and
to
ensure
that
dothey
not reduce
the
City' s
capacity
for
a
range
of
housing
types
and
densities.
Ongoing
St
aff
continues
to
monitor
updates
and
re
visions
to
Codes,
Policies
and
Procedures.
The
City' s
General
September
2022 .
F
ollowing
the
adopti
on
of
the
Ge
Consistency
Project
was
initiated
and
c
ompl eted
in
Consistency
Project
updated
vari
ous
Chapters
and
Municipal
Code to
bring
it
into compliance
with
the
54 Program
2f
Continue
toencourage
de
vel toopers
include
accessory
dwelling
units
as
an
integral
part
of
their
project
thro ugh
maintaining
provisions
in
the
Zoning
Code
that
ovide
pr
for acces sory
dwelling
units (
ADUs)
in
all
that
zones
allow
single
family
homes
and
by
continuing
to
provide
a
reduced
fee
structure
for
accesso
ry
dwelling
units,
including
exemption
from
ater w
and
sewer
connection
fees
and city capa
charges,
a
nd
bymodifying
the
ADU
standards
in
the
Zoning
Code
as -
needed
to co
be
nsistent
with requirements
of
Ongoing
The
City
continues
toencourage
the development
of
ADU)
in
the
c
ommunity .
The
City
submitted
a
amend
the
Zoning
Code
to
be
consi
stent
with
new
edapprov
building
plans
for
ADUs.
The
City
also
to
pr
epare
three (
3)
Pr
e -
Appr
oved
ADU
Plans .
These
published
in
2024 .
A
total
of
one (
1)
Building
Permits
2024 .
This
program
is
oing .ng
State
law,
as
may
be
amended
fr
timom
e
to
time.
It
is
a
nticipated
at
least 6
ADUs
will
inc
be
entiv ized
through
the
City' s
provisions
to
accommodate
and
encourage
A
DUs. Encourage
developers
to
takeadvantage
of
density
bonus es
a
nd
incentiv
es fo
r
affordablehousing
and
sen
ior
housing
projects
that
are
provided
by
the
City
Program
2g
consistent
with
the
ofrequirements
State
law
and
provide
information
that
identifies
the
den sitiemaximum
s
that
can
be
achieved
through
a
de
nsity
bonus.
Ongoing
The
City
continu
es
toencourage
the
use
of
density
that
qu
alify .
This
program
is
ongoing .
55 Program
2h
Address
th
e
special
housi of
needsg
larg
e
families
to
alle
viate overcrowding
in
the
City
by
facilitating
the
construction
of
housing
that
includes
3 -
and
4 -
bedroom
units
affordable
to
extremely
low-, very
low-,
and
lowincom
e
familie
s.
Th
e
City
will publicize
financial
and
regulatory
incentive opportunities
todevelopers
and/ or
other
parties
interested
in
the
construction
of
housing
that
includes 3- nda
4 -
bedroom
affordable
units byviding pro information
on
the
City' s
ebsite w
and
through
flyers
at
theCommunity Development
Department
and
in
all
specific
plan
and
subdivision
application
packets.
Ongoing
development
As
applications
are
received,
the
City
development
of
3-
and
4-
bedroom
units
affordable
to
and
low- ioncom
e
families . No
affordable
h
ousing
2024.
Continue
to
support
female -
headed
households
thein
City
with
the
Program
2i
permitting
ofchild
day
care
facilities
as
outlined
inChapter
17 of
theMunicipal
Ong oing
The
City
c
ontinues
to
support
child
day
car
e
facilites
f
acilities as
prescribed
in
theMunicipal
Code.
Code Require
developers
of n ew
housing
to
use
the
Ne
HCD
Ho
w
me
Universal
Design
Option
Checklist
to
disclose
to
buyers
accessible
features tha
t
are
available.
The
City
shall
encourage
Program
2n
devlopers
to
make
accessible fe
atures
available
as standard
features
to
the
extent
feasible
and
to
provide
remaining
accessible
features
asoptional
features
or
features
available
in
a
limited
nu
mber
units.of Ongo
ing
The
City
will
require
developers
of
new
h
ousing
to
u
s
Uni
versal
Design
Option
Checklist.
This
pr
ogram
is
56 Incompliance
with
State
law
Government
C
Sectio ode
n
65589. 7),
the
City
will
est
ablish written
policies
and
Th
e
City
willstablish e
written
policies
and
Program
2o
edures
proc
that
grant
priority
f
wateror
and
sewer
to
proposed
development
that
includes
housing
aff
ord abl
e
to
lower -
income
households.
Jan -
20 and
sewer
to
proposed
development
that
include
s
income
households .
Support
multifamily
housing on
sites accommodate
that
lower
inc
ome
households
by
revising
the
Zoning
Ordinance
to
limit development
of
single
family
units
on
sites
designated
for
high
density
residential
uses.
Single
family
Program
2p
development
s
on
hall
ly
be
allowed
if
the
s
ingle
family
unit( s)
are:
1)
replacing
an
existing
single
family
unit
on
a
one
for
one
basis,
2)
on
an existing
lot
of
8, 000
square
feet
or less , or
3)
are
part
of
a
housing
dev elopment
with
themajority
of
units
affordable
to
extremely
low,
very
low,
and/ or
low
income
households.
Jan -
20 This
program
was
c
ompleted
in
2019 .
57 Program
2q
g
Revise
the
Zoning
Cod
e
to
permitanufactur edm
homes
in
th
e
same
manner
as
single
familiy
homes,
as
required
by
Government
Code
Section
65852. 3 .
The
following
vision reall
sh
be
made
to
Section
17 .
68. 010: "
The
provisions
of
this
chapter
shallapply to
all
manufactured
housing
and
mobilehom
permanenteson
foundations,
which
shall
be
allowed
subject
tothe
same
permit requirements
and
standards
as
a
single
family
home
in
all
districts
that
allow
single family
homes
and
shall
also
besubject
to
the
standards
identified
in
Section
Jan -
20 This
program
wa
s
completed
in
2019.
Rev 020.17 68
ise
the
Zoning
Code
to
remove
inconsistencies
regarding
the
densities
allowed
in RM
the
zone
and
toensure
that
the
densities
allowed
are
co
nsistent
with
thedensities
identified
in
the
Program
2r
g
General
Plan
Land
Use
Element.
The
following
revision
shall
be
made
to
Jan -
20 Thi
s
program
was
c
ompleted
in
2019 .
Section
17. 36 050. D: "
Density.
The
allowable
density
for
the
RMmultifamily
residential
districts
shall
be: RM - M
H8:
1-
8 units
per
acre
RM- 3:
8- 15
units
per
acre
RM- 2:
16- 25
units
per
acre
RM -
1. 5:
16- 25
units
per
acre
58 Program
2s
Re
vis
e
the
Zoning Cod
e
to
implement
the requirements
of
Go
vernment Code
Sections
65913. 4 (
asamended
by
SB
35),
65660,
65662,
65664,
65666,
and
65668 (
asestablished
and/ or
amended
by
AB101),
and
65650
through
65656 (
asestablished and/
amended or by
AB
2162),
including
the
following:
1)
Identify
the
SB
35streamlining
appro
val process
and
standards
for
eligible
projects,
as
set
forth
under
Government Code
Section
65913. 4;
2)
Define
low
barrier
navigation
center
as
a
use
all
owed by
right
and
develop
standards
and
requirements
profor
cessing
a
low
barrier navigatio centen
rconsistent
with
the requirements
of
State
law,
including
Government
Code
Sections
65660
through
65668;
and
3)
Establish
standards
and requirements
for
processing
supportive
housing
by
right
consistent
with
the requirements of
State
law,
including
Government
Code
Sections
65650
through
65656.
Aug -
20 Partially
implemented and
ongoing .
The
City
was
not
Cod
e
during
the
5th
Cycle
du
toe
lack
of
a
vailable
how
ever,
devel
op
a
pre
application
process
to
implemented
a
number
of
other
measures .
The
barrier
na
vigation
centers
and supportive
housing
following
this
H
ousing
Element
Updat
e.
59 Program
3a
Continue
toparticipate
in
the
San
Joaquin
Urban
County consortium
to
recei
ve
and
us
e
HOME
and
CDBG
fundsovide topr
housing rehabilitation
loans
and emergency
repair
loans
or
grants,
administered
through
the
San
Joaquin
County
Rehabilitation
Progr
foram,
lower
income
households and
to provide
services
for
lower
income populations, including extremely low income , homeless/rikat- of homelessness,
seniors, and
youth.
On
an
annual
basis,
determine
whether
funds
ade
are quateto
set
aside funds
specifically
for
a
ssistance (
housing
rehabilitation,
emergency
repair,
or
weatherization)
for extremely
low
income
households
and
whether
fund
s
ade
are quateto
allow bedro baom/
throom
additions
where
necessary
toaccommodate
large
families.
See
Program
3a
intheHousing
Element
for
the
full
langua
ge.
Annual
review
of
h
ousing
eeds n
and
commitment
of
funds
through
Urban
County
process;
ongoing
efforts
to
ensur e
public
awareness
Th
e
City,
incoordination
with
San
Joaquin
County,
public
facilities,
the
GAP
L
oan
Program (
down
paym
g
p
y
Programs (
First
Time
Home
Buyer
Programs),
and
Program.
C
ollectively,
these
are
call
ed
Home
Loan
by
th
e
S
an
Joaquin
County
N
eighb orhod
related to
CDBG
is
provided
via
the
City' s
website,
Development
webpage.
Program
3b
Review
Zon
the
ing
Code
an
d
pote
ntial
funding
sources
to
methoidentify
ds
to
provide
incentives
forer
habilitation
of
existing
residential
units
and
to
encourage
reinvestment
in
the
Historic
Lathrop
Ove
rlay
District
and
in
older
neighborho
ods
east
of
I5.Ongo ing
2019/20
incorporate
incenti
ves
into
SB
2 funding
opportunities
This
pr
ogram
is
ong
oing.
The
City
continues
to
Code
on
an
annual
basis .
60 Continue
to
employ
a
full
tim
e
code
compliance
offic
wher
o
will
vigorously
enforce
the
building
and
zoning
codes
in
locations
where
dilapidation,
blight,
and/ or
health
and
safety
violations
may
beoccurring .
Coordinate
code
compliance
efforts
with
the
hou sing Ongoing;
biennial
view
re
Program
3c
rehabilitation with
code
progr
amof
areas
appropriate
for
The
City
continues
to
employ
a
Cod
e
Enforcement
compliance
efforts
toencourage
property
owners
tomaintain
dwelling
units
in
safe
and
habitable
conditio
ns. targeted
assistance
and/ or
enforcement
ongoing .
Regularly
review
housing
conditions
todetermine speif
cific
locatio
ns or neighborhoods
require
targeted
code enforcement
and
work
provide, to
when
funding
is
available,
targeted
rehabilitation
reor placement
assistanc
e.
Continue
toparticipate
in
the
San
Joaquin
Urban
County
consortium
to
provide
funding
and
support
for
the
rehabilitation
mobileof
home
s,
when
adequate
funds
areavailable.
In
Program
3d
2020/021,
conduct
outreach
to
mobilehome
park
reside
nts
and
qualified
non -
profits
todetermine
if
there
is
interest
in
the
State ' s Mobilehome
Park Ongoing;
M
outreobil ehome ach
in
2020
and
2021
The
City
c
ontinu es
tocoordinate
with
San
Joaquin
funding
for
Reh
abilitati on (
Rehabilitation
Program) .
State' s
Mobilehome
Park
Rehabiltiation
and
Rehabilitation
and
Resident
Ownership
Program
and
any
of
the
City' s
mobilehome
parks
would be
eligible fo
r
this
type
of
program.
61 Program
3e
Regularly
vi the
City' seligibility reewfor
Federal
and
State
hom
e
repair,ovation, ren
and replacement
programs
annually
and
apply
for programs,
as
appropriate .
Ifmultifamily
owners or
other
entiti
interes express inest
available
funding
program
s
for
housing rehabilitation
or
repair,
ort
supp
the application for
funding
and,
if
appropriate
and
feasible,
ovide
pr
technical
assistance
to
the
proj
ect
applicant
with
the
funding application.
Ongoing
No
action
in
2024.
This
program
is
ongoing.
Continue
encoto
urage
the
enforcement
of
federal
and
state
fair housing
standards.
The
City
will
provide
fair
housing
information
to
interested citizens
and
will
make
fahoir
using
materials
from
the
California
Department
of Ho
Fair
using
andEmployment
and
Program
4a
the
federal
Office
of
Fair
Housin
g
an
d
Equal Opportunity
available
at
City Ha
ll,
the
Library,
theCommu
nity
Center,
and
on
the
City' s
website
in
both
English
Spanish.
and
A
ll
requests
for
fair
treatment
ho
on
using
will
be
referred
to
the
fair
housing prov
ider
funded
through
the JoaSan
quin
Urban
County
consortium ( curre
ntly
San Joaqu
in
Fa
ir
Ongoing
This
program
is
ongoing.
Housing,
Inc.).
Require
all
recipients
of
locally
hoadministered
using
funds
to
Program
4b
acknowledge
their understanding
of
fa
ir
housing la
w,
affirm
their commitme
nt
to
the
law,
and
to
prov
ide
fair housing
o ppo
rtunities
for
all
persons.
Ongoing
As
housing
development
projects
ar
e
compl
eted,
implemented.
No
locally
administered
housing
62 Program
5a
Continue
toparticipate
in
the
San
Joaquin
Housing
Authority
and
encourage
theHousing
Authority
to
increa
se
assistance
to
the
City,
through
allocating
more
Housing
Choice
Vouchers
and
working
with
housing
developers
to
provide
Project -
Based
Vouchers,
as
well
other as ssistance a
administered by
the
Housing
Auth ority .
The
City
shall
provide
nformation i
on av
the
ailability
of Housing
Authority
programs
to
interested
residents.
Ongoing;
annual
coordination
and
outreach
toHousing
Authority
to
encourage increased assistance
The
City
continues
toencourage
interested
residents
Housing
Authority
to
obtain
infation orm
rel
at ed
to
Affordabl e
Housing .
This
pr
ogram
is
ongoing .
Program
5b
Provide
housing
informatio
n
toall interested
a
gencies,
developers,
residents,
no
and
profit ngroups.
City
staff
will
assist
with
Zoning
and
General
Plan
inquiries
as
well
as provide
contact
information
between
theSanJoaquin
Ongoing
The
City
contin
ues
to
pro
vide
housing
informati
on
to
including
hom
owners, e
developers,
property
relates
to
Zonign
and
General
Plan .
This
program
is
Co
Urban
unty
Consortium,
San
Joaquin
Housing
Authority,
housing
developers,
and pronongroups.
fit Promote
energy
efficient
land use
planning
by
incorporating
energy
con servation
as
a
major
criterion
for
Program
6a
future
decision
making.
This
shall
include
innovativ
e
site
designs
and
orientation
techniques,
which
incorpo
passivrate
e
and active so
lar
designs
and
natural
cooling
techniques.
Ongoing
This
pr
ogram
is
ongoing.
The
City
will
continue
to
land
use
planning .
63 Program
6b
g
Encourage
pr
e -
application
meeti
tongs
address
site
layout
and
design onents
comp
thatencourage energyonservation c
prior
toany
formal
submittal
that
is
be
considered toby
the
Planning
Commission
and/
Cityor
Council .
The
City
sh
all continu
e
to
relyproject on
input
from
alldepartments
to
assedesign ssand layout
for
all residentialprojects.
Ong oing g
g
The
Cityonti cnues
to
hold
pre -
application
meetings.
p
pp
g
Program
6c
Continue
tosupport energy conservation
inexisting and
new housing,
through
participating
in
programs
such
as
the
Open
PACE
clean
energy
program
and
ensuring
th
e
community
has
access
to current energy
conse rvationmethods
and
practices
as
well
as informationonprograms
available
to
fund
energy
conservation improv ements. Ensure
information
is
available
at
City
Hall
and
on
the
City' s
website.
Ongoing
On
May
2,
2016,
the
City
Council
approved
th
e
City' s
pr
ogram,
kn
own
as
th
e
Home
E
nergy
Ren
ovatin
Program
through
the
Property
Assessment
Clean
December
4,
2017,
the
City
Council
appro
ved
similar
programs
with
CSCDA
Open
Pace,
Figtree
Pace,
and
Authority .
On
December
10,
2018,
the
City
C
ouncil
participate
in
the
Calif
ni or a
Municipal
Finance
Auth
Assessed
Clean
Energy (
PACE)
Pr
ogram .
Inf
c
onservation
is
a
vailable
up
on
request.
Program
6d
Encourage
new
residential
development
or
s
ignifican ret
habilitation pro
jects
to
meet
or
exceed
CalGreen
Tier
1 and/ or
achievto
e
LEED
certificatio n.Ongoing
The
City
will
enc
ourg e
new
residential
dev
elopmnt
to
meet
CALGr
een
and
LEED
standards .
64 ATTACHMENT "` J !
d
CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 25- 3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP
RECOMMENDING CITY COUNCIL RECEIVE AND ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2024 AND
AUTHORIZE STAFF TO SUBMIT THE REPORT TO THE GOVERNOR' SOFFICE OF
PLANNING AND RESEARCH AND THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, California Government Code Section 65400( 2) requires the planning agency to provide an annual report to the City Council, the Governor' sOffice of Planning and Research OPR), and the State Department of Housing and Community Development ( HCD) regarding progress toward implementation of the housing element of the general plan; and WHEREAS, planning staff has prepared an annual progress report for the calendar year 2024, utilizing the prescribed forms and instructions provided by HCD; and WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby recommend the City Council receive and accept the annual progress report on the Housing Element for Calendar Year 2024, attached and incorporated by reference herein, and authorize staff to forward the report to the Governor' sOffice of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400( 2).
Planning Commission Resolution No. 25- 3
65 PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a regular meeting on the 19th day of February, 2025 by the following vote:
AYES: Ralmilay, Jackson, Rhodes
NOES: None
ABSTAIN: None
ABSENT: Camarena, Ishihara
ATTEST:
Ash Ralmilay, Chair
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
Planning Commission Resolution No. 25- 3
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ITEM 4. 7
CITY MANAGER' SREPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE PROFESSIONAL SERVICES
AGREEMENT WITH ROBERT HALF, INC. TO
PROVIDE STAFFING SERVICES IN THE
BUILDING DEPARTMENT FOR EPL
ENTERPRISE PERMITTING AND LICENSING)
SOFTWARE ADMINISTRATION AND REPORT
MANAGEMENT SERVICES
Adopt Resolution Approving a Professional
Services Agreement with Robert Half, Inc. to
Provide Staffing Services in the Building
Department for EPL ( Enterprise Permitting and
Licensing) Software Administration and Report
Management Services
SUMMARY:
City staff utilizes development services software to perform a variety of day- to- day functions across many departments. The City implemented Enterprise Permitting and Licensing ( EPL) software platform August 14, 2024 to optimize permit processing, plan review, workflow monitoring, field inspections, payment processing, reporting and regulatory compliance associated with permitting and licensing. On February 12, 2025 the City upgraded this product from On Premise to Cloud Hosted.
Additional services are necessary for the optimization of the system for all departments using EPL ( Enterprise Permitting and Licensing). City has used Robert Half International, Inc. ( Robert Half) to provide staffing services for Software Administration and Report Management services over the past few years. The City staff has been satisfied with the services received from Robert Half and has requested a proposal for additional support services necessary.
Staff is requesting Council approve Agreement with Robert Half in the amount not to exceed $ 80, 000. Sufficient funds have been allocated in the adopted Fiscal Year ( FY) 24/5 Budget.
BACKGROUND:
With the amount of development activity over the past few years, the City needed a system that will provide developers and citizens with a reasonable turnaround time for inspection and a plan review processes with electronic submissions and responses.
The ability to submit plans and schedule inspections electronically will eliminate daily manual entry, which includes the creation, scheduling, tracking, and resulting of inspections. Furthermore, integrating the City' scurrent processes and GIS system in a single software solution will create higher productivity and more efficient handling of data.
207
CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ROBERT HALF, INC.
TO PROVIDE STAFFING SERVICES IN THE BUILDING DEPARTMENT FOR EPL
ENTERPRISE PERMITTING AND LICENSING) SOFTWARE ADMINISTRATION
AND REPORT MANAGEMENT SERVICES
City Council approved the purchase of the software system Enterprise Permitting and Licensing to streamline permit processing, plan review, workflow tracking, field inspections, payment processing reporting and regulatory compliance associated with permitting and licensing. The software was implemented in August 2024 and upgrade to cloud hosted in February 2025. The City has identified multiple areas for optimization of the software.
City staff has been pleased with the services provided by Robert Half and requested a proposal for support services needed to further optimize Enterprise Permitting and Licensing ( EPL).
REASON FOR RECOMMENDATION:
The City implemented Enterprise Permitting and Licensing to optimize permit processing, plan review, workflow monitoring, field inspections, payment processing, reporting and regulatory compliance as associated with permitting and licensing in August 2024. Additional services are necessary for the ongoing optimization.
FISCAL IMPACT:
The contract cost associated with this Agreement is not to exceed $ 80, 000 which will be paid on a time and material basis. Sufficient Funds have been included in the adopted Fiscal Year 2024-025 budget for the PSA with Robert Half. Staff does not anticipate contract costs to exceed the budgeted amount prior to the Fiscal Year end.
ATTACHMENTS:
A. A Resolution of the City Council of the City of Lathrop to Approve The Proposed Professional Services Agreement s In the Building Department EPL ( Enterprise Permitting and Licensing) Software Administration and Report Management Services
B. Professional Services Agreement with Robert Half International, Inc. to Provide Staffing Services In the Building Department for EPL ( Enterprise Permitting and Licensing) Software Administration and Report Management Services 208
CITY MANAGER' S REPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ROBERT HALF, INC.
TO PROVIDE STAFFING SERVICES IN THE BUILDING DEPARTMENT FOR EPL
ENTERPRISE PERMITTING AND LICENSING) SOFTWARE ADMINISTRATION
AND REPORT MANAGEMENT SERVICES
APPROVALS:
Ed Short Date
Chief Building Official
ari Jams
Finance ector
Date
3 • ¥ ZozS
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Ste ffen J. Salvatore Date
City Manager
209
AttathmentaAl
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE THE PROPOSED PROFESSIONAL SERVICES AGREEMENT IN THE
BUILDING DEPARTMENT FOR EPL ( ENTERPRISE PERMITTING AND
LICENSING) SOFTWARE ADMINISTRATION AND REPORT MANAGEMENT
SERVICES
WHEREAS, City staff utilizes development services software to perform a variety of day- to- day functions across many departments; and WHEREAS, The City implemented Enterprise Permitting and Licensing ( EPL) to optimize permit processing, plan review, workflow monitoring, field inspections, payment processing, reporting and regulatory compliance as associated with permitting and licensing in August 2024; and
WHEREAS, additional Professional Services are necessary for the ongoing optimization.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the proposed Professional Services Agreement with Robert Half, Inc. to Provide Staffing Services in the Building Department for EPL ( Enterprise Permitting and Licensing) Software Administration and Report Management Services. 210
The foregoing resolution was passed and adopted this 10th day of March 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TQ FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 211
aeaa. nex•. 132.
CITY OF LATHROP
PROFESSIONAL SERVICES AGREEMENT WITH ROBERT HALF INC.
TO PROVIDE STAFFING SERVICES IN THE BUILDING DEPARTMENT
FOR EPL ( ENTERPRISE PERMITTING AND LICENSING) SOFTWARE
ADMININSTRATION AND REPORT MANAGEMENT SERVICES
THIS AGREEMENT, dated for convenience this 10th day of March 2025, is by and between ROBERT HALF INC., doing business through its TECHNOLOGY PRACTICE GROUP (" CONSULTANT" or "RH") and the CITY OF LATHROP, a California municipal corporation (" CITY" or "Client");
RECITALS:
WHEREAS, CONSULTANT is experienced, and competent to provide staffing services for assignments in the Building Department for EPL (Enterprise Permitting and Licensing) Software Administration and Report Management, which are required by this Agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such services in the Building Department for EPL ( Enterprise Permitting and Licensing) Software Administration and Report Management, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to provide services in accordance with the Robert Half Statement of Work, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these staffing services in accordance with the upmost standards of the industry. This Agreement is only applicable to, and the only Robert Half Inc. branch and practice group obligated under this Agreement is the Robert Half technology practice group of the branch office located in Stockton, CA.
Additional Work. If changes in the work seem merited by CONSULTANT or the CITY, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: CONSULTANT shall forward a letter outlining the changes to the CITY with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be mutually agreed upon, prepared by the CITY, and executed by both Parties.
212
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF INC.- BUILDING DEPARTMENT, EPL SOFTWARE STAFFING
SERVICES FOR ADMINISTRATION AND REPORT MANAGEMENT
2) Compensation
CITY hereby agrees to pay CONSULTANT hourly rate of $ 116. 27 per hour, as detailed in Exhibit " A" up to and not to exceed $ 80, 000. (the " Not -to -Exceed Amount"), separate and in addition to any prior agreements, for services upon the request by City and agreed to in writing pursuant to the executed Statement of Work for said services. CONSULTANT shall invoice CITY on a weekly basis and CONSULTANT shall be paid any uncontested sum due and payable within thirty 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. CITY shall not contest any invoices except on the basis of billing of invoicing errors. Notwithstanding anything to the contrary in this Agreement, Consultant shall have no obligation to continue performance of the services once the Not -to - Exceed Amount has been attained.
3) Effective Date and Term
The effective date of this Agreement is this 10th day of March 2025, and it shall terminate no later than July 31, 2025 as detailed in Exhibit " A". However, notwithstanding the effective date, this agreement authorizes payment for services beginning the original start date of the services.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY.
CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billings
Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates identified in Exhibit " A" or the Not -to -Exceed provided in Section 2 for either task or for the entire Agreement, unless modified by a properly executed amendment. 6) Advice and Status Reporting
City may instruct CONSULTANT' sassigned temporary employee ( the " Assigned Individual") to provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and to furnish to CITY such information as is necessary to enable CITY to monitor the performance of the services under this Agreement. Time spent by the Assigned Individual preparing and delivering reports shall be billed to CITY at the applicable hourly bill rate.
213
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF INC.- BUILDING DEPARTMENT, EPL SOFTWARE STAFFING
SERVICES FOR ADMINISTRATION AND REPORT MANAGEMENT
7) Assignment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the CITY to process a reason or explanation for its request.
CONSULTANT' sAuthorized Representative for the purpose of communication regarding CITY' stemporary staffing need is: Caleb Banks.
CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
8) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative.
9) Insurance
CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide certificates of insurance to the CITY the insurance specified in subsections ( a) through ( c) below with insurers having an AM Best rating of at least A- VII. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers'
sole cost
Compensation.
and expense, maintain
CONSULTANT
Statutory
shall,
Workers'
at CONSULTANT' S
Compensation
Insurance and Employer' sLiability Insurance for any and all persons employed directly by CONSULTANT. Said Statutory Workers' Compensation Insurance shall meet the applicable statutory requirements and Employer' sLiability Insurance shall be provided with a limit of not less than one million dollars each accident. In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The
214
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF INC.- BUILDING DEPARTMENT, EPL SOFTWARE STAFFING
SERVICES FOR ADMINISTRATION AND REPORT MANAGEMENT
insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.
CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence for commercial general, and combined single limit coverage for auto liability insurance. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall be $ 2, 000,00. Commercial General Liability shall include but shall not be limited to, protection against claims arising from bodily and personal injuryand damage to property resulting from activities contemplated under this Agreement, and as for Automobile Insurance including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) or equivalent and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto) or equivalent.
As applicable, each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting
215
CITY OF LATHROP- PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF INC.- BUILDING DEPARTMENT, EPL SOFTWARE STAFFING
SERVICES FOR ADMINISTRATION AND REPORT MANAGEMENT
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California - admitted insurers with a Best' srating of no less than A: VII.
vi) Robert Half will endeavor to provide notice of cancellation or non -renewal to CITY at least thirty days prior to such change. c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($ 1, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Consultant will endeavor to provide Notice of cancellation, to the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
ii) The policy must contain a cross liability or severability of interest clause.
1. Reserved.
2. Reserved.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall not be required to disclose the self -insured retentions and deductibles
216
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF INC.- BUILDING DEPARTMENT, EPL SOFTWARE STAFFING
SERVICES FOR ADMINISTRATION AND REPORT MANAGEMENT
before beginning any of the services or work called for by any term of this Agreement.
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than thirty days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Order CONSULTANT to stop work under this Agreement until CONSULTANT demonstrates compliance with the
requirements hereof;
ii) Terminate this Agreement.
10) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the staffing services in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said staffing services can and shall be performed in a fully competent manner
profession,
in accordance
which is the
with
temporary
the standard
staffing
of
industry.
care applicable to CONSULTANT' S
217
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF INC.- BUILDING DEPARTMENT, EPL SOFTWARE STAFFING
SERVICES FOR ADMINISTRATION AND REPORT MANAGEMENT
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees and agents harmless from and against any and all third party liability, claims, suits, actions, damages, and causes of action to the extent arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, each as applicable, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code, provided however, that CITY show not exercise the right to opt to conduct such defense. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, in order to conduct CONSULTANT' s business as a temporary staffing agency, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered.
13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination. Upon such termination, the CITY may request CONSULTANT to deliver to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or in connection with this Agreement.
14) angina
CONSULTANT agrees and understands that funding of this agreement beyond the current fiscal year is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the
218
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF INC.- BUILDING DEPARTMENT, EPL SOFTWARE STAFFING
SERVICES FOR ADMINISTRATION AND REPORT MANAGEMENT
Council may determine not to fund this agreement in subsequent years. 15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, change orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone fax number set forth below during regular business hours of the receiving party and followed with two 2) days by delivery of a hard copy of the material sent by facsimile transmission.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To CITY:
Copy to:
City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Public Works Department
390 Towne Centre Drive
Lathrop, CA 95330
Main: ( 209) 941- 7430
Fax: ( 209) 941- 7339
To CONSULTANT: Robert Half Inc.
10100 Trinity Parkway, Suite 330
Stockton, CA 95219
Copy to:
16) Miscellaneous
Robert Half Inc.
With a
copy to:
Client Contracts Dept.
3001 Bishop Drive, Suite 140
San Ramon, CA 94583
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
219
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF INC.- BUILDING DEPARTMENT, EPL SOFTWARE STAFFING
SERVICES FOR ADMINISTRATION AND REPORT MANAGEMENT
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f)
g)
Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work described in Section 1, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.
All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
U) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect. k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULT ANT expressly waives any and all claims to such right and benefits.
220
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF INC.- BUILDING DEPARTMENT, EPL SOFTWARE STAFFING
SERVICES FOR ADMINISTRATION AND REPORT MANAGEMENT
I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non -prevailing party.
17) Notice to Proceed
CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received.
18) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this 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.
19) Additional Terms
Notwithstanding any language to the contrary in this Agreement with regard to fixed - price, deliverables or acceptance of deliverables, CONSULTANT shall be compensated on an hourly basis only. CONSULTANT is not provided deliverables under this Agreement.
221
CITY OF LATHROP - PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF INC.- BUILDING DEPARTMENT, EPL SOFTWARE STAFFING
SERVICES FOR ADMINISTRATION AND REPORT MANAGEMENT
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete
Recommended for Approval: City of Lathrop
Assistant City Manager
3 -3 -?..OZ s -
Date
Michael King Date
Approved By: City of Lathrop
Resolution No: 390 Towne Centre Drive
Lathrop, CA 95330
CONSULTANT:
Stephen J. Salvatore Date
City Manager
Robert Half, Inc.
Jason King
10100 Trinity Parkway, Suite 330
Stockton, CA 95219
Fed ID #: 94- 1648752
Business License # NLB- 000554- 225
Signature Date
Print Name and Title)
Signature Date
Print Name and Title)
222
EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT
ROBERT HALF STATEMENT OF WORK
This Robert Half Statement of Work RH (" SOW"), effective as of January 1, 2025, is entered into by and between City of Lathrop (" Client") and Robert Half Inc., through its technology practice group (" RH").
1. Scope of Engagement. RH will assign one or more individual( s) to Client to assist Client with its completion of the following:
See Attachment B.
z. Professionals. RH will assign the following individual( s) ( each a " Professional") to Client for this engagement:
Name of Professional Hourly Bill Rate Estimated Start Date Estimated End Date Ricardo Mendoza -Ramos 116. 27 01/ 2025 06130/ 2025
3. Contact Information.
Client Representative RH Representative
Name: Michael King Name: Caleb Banks
E- mail:
Phone:
mking@ci. lathrop. ca. us E -
Phone:
Mail: caleb. banks@roberthalf. com
916- 503- 0982
Address: 390 Towne Centre Drive, Attn: Human Resource
Department, Lathrop, CA 9533o
Address: 1oioo Trinity Pkwy, Suite 330, Stockton, CA 95219
4. Termination. Either party may terminate this SOW at any time upon [ thirty] ([30]) days' prior written notice to the other party.
5. General Conditions of Engagement. RH assigns the Professional( s) to Client pursuant to the General Conditions of Engagement attached hereto as Exhibit A and incorporated herein by reference.
Agreed to:
City of Lathrop
Agreed to:
Robert Half Inc.
By By
Authorized signature
Name (type or print):
Date:
Authorized signature
Name (type or print):
Date:
Robert Half Inc., 2025. All rights reserved. Robert Half Inc. is an Equal Opportunity Employer M/ F/ D/ V Pagel of 5 8/ 2024
223
Exhibit A
General Conditions of Engagement
Required Screenings.
If Client requires RH to perform background checks or other placement screenings of the Professionals, Client agrees to notify RH prior to the start of Services under this SOW. RH will conduct such checks or screenings only if they are described in a signed, written amendment to this SOW. If Client requests a
copy of the results of any checks conducted on RH' s Professionals, Client agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes.
Scope of Assignment.
Client shall supervise the Professionals. Client will not permit or require a Professional ( i) to perform services outside of the scope of his or her assignment; (ii) to sign contracts or statements; ( iii) to make any final decisions regarding system design, software development or the acquisition of hardware or software; (iv) to make any management decisions; or ( v) to use computers or other electronic devices, software, services, tools, e- mail accounts or network equipment owned or licensed by the Professional.
Cash Handling and Other Financial Transactions and Activities.
If Client permits or allows a Professional to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, or conduct financial transactions or other related activities, Client accepts sole responsibility for all claims, demands and liability that may arise from permitting these activities. Client represents and warrants that to the extent Client permits or allows a Professional to engage in the activities described in this paragraph, Client will not permit or allow a Professional to handle more than ( i) $1, OOO per day if Client is a non- profit entity, or ( ii) $25, 000 per day if Client is a for- profit entity.
Workplace Safety.
Client agrees that Client has full responsibility for: (i) providing safe working conditions as required by law, including compliance with all public health and occupational safety regulations and guidelines applicable to Client' s business, and ( ii) ensuring that
safety plans exist for, and safety related training is provided to, Professionals working on Client' s premises. To ensure the safety
of potentially vulnerable individuals on Client' s
premises, Client agrees not to permit Professionals to have unsupervised or unmonitored contact with ( i) minors or ( 2) adults who are under Client' scare, custody or supervision because of mental health impairments. If any assignment under this SOW is for work to be performed under a government contract or subcontract, Client will notify RH immediately of any obligations in the government contract or subcontract relating to wages.
Operation of Vehicles and Equipment.
RH does not authorize a Professional to operate machinery ( other than office machines) or vehicles. If Client wishes to permit a Professional to drive for business purposes, Client accepts sole responsibility for all liability, damages, injuries or other claims that may arise or be incurred as a result of such driving. If Client requires a Professional to drive a vehicle owned by Client or by a Client employee, Client agrees to maintain such vehicle in good working condition and maintain all necessary and appropriate insurance for the operation of such vehicle. Under no circumstances will Client permit a Professional to: make bank deposits; carry cash in excess of $loo, negotiable instruments or other valuables while driving; or have passengers in the vehicle. It is agreed that Client accepts full responsibility for, and that RH does not maintain insurance to cover any injury, damage, or loss that may result from Client' sfailure to comply with the foregoing.
Remote Work.
Client may request that a Professional provide services remotely (i.e., from a location other than Client' s or Client' s customer' s premises) using alaptop and/ or other computer or telecommunications equipment provided by Client or RH ( collectively, the Equipment"). In such case, Client acknowledges and agrees that RH shall have no control over, and Client shall be solely responsible for, (i) the logical and physical performance, reliability and security of the Equipment and related devices, network accessibility and availability, software, services, tools and e- mail accounts ( collectively, " Computer Systems") used by the Professional, and ( ii) the security or integrity of the data and other information stored therein or transmitted thereby. Moreover, Client must not permit a Professional to save or store any Client files or other data on the Computer Systems provided by RH including, but not limited to, any virtual desktop infrastructure solution). Client agrees that RH shall not be liable for any loss, damage, expense, harm, business interruption or inconvenience resulting from the use of such Computer Systems.
Robert Half Inc., 2025. All rights reserved. Robert Half Inc. is an Equal Opportunity Employer M/ F/ D/ V
224
Claims.
Client hereby agrees to waive all claims against Robert Half Inc. and its subsidiaries, divisions and affiliates, including their respective employees, officers and directors ( individually and together, " Robert Half") and to defend and indemnify Robert Half against any claim, demand or liability arising from Client' sfailure to comply with the terms of this Agreement, including, but not limited to, claims arising from any damage to goods, materials or other items. Client agrees that it is responsible for reporting any claim to RH in writing during or within ninety ( 9o) days after the termination of the applicable assignment. RH will not be responsible for any claim related to the engagement, including, but not limited to, any Services performed during such engagement, unless Client has reported such claim in writing to RH within ninety ( 9o) days after termination of the applicable assignment.
Confidentiality.
Professionals will execute any confidentiality agreement that Client may require. Client is responsible for obtaining the Professional' s
signature. Client agrees to hold in confidence the identity of any Professional and the Professional' sresume, social security number and other legally protected personal information, and Client agrees to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure.
Limitation on Liability.
Circumstances may arise where, because of a default on RH' s part or other liability, Client is entitled to recover damages from RH.
Regardless of the basis on which Client is entitled to claim damages from RH ( including fundamental breach, negligence, misrepresentation or other contract or tort claim), RH' s liability, if any, will, in the aggregate for all claims, causes of action or damages, be limited to any actual direct damages up to an amount equal to the fees actually paid to RH for the services that are the subject of the claim. Under no circumstances is RH liable for any special, incidental, exemplary, indirect, lost profits, or consequential damages ( including, but not limited to, lost business, revenue, goodwill, or anticipated savings), even if informed of the possibility. It is understood that Client is responsible for implementing and maintaining usual, customary and appropriate internal accounting procedures and controls, internal controls and other appropriate procedures and controls ( including information technology, proprietary information, creative designs and trade secret safeguards) for Client, and RH shall not be responsible for any losses, liabilities or claims arising from the lack of such controls or procedures.
Employment Taxes, Withholdings and Insurance.
Each party will maintain workers' compensation insurance and commercial liability insurance. RH will be responsible, to the extent applicable, for any workers' compensation insurance, federal, state and local withholding and unemployment taxes, social security, state disability insurance or other payroll charges for the Professionals. RH reserves the right to re -assign any Professional.
Guarantee.
RH guarantees Client' s satisfaction with the services of each Professional by extending to Client a five ( 5) day ( 40 hours) guarantee period. If, for any reason, Client is dissatisfied with a Professional, RH will not charge for the first forty ( 4o) hours worked during the applicable guarantee period, provided that Client allows RH to replace the Professional and Client contacts RH regarding its dissatisfaction before the end of the applicable guarantee period. Unless Client contacts RH before the end of the applicable guarantee period, Client agrees that the Professional is satisfactory. RH MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES
REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
Services Provided on a Time and Materials Basis.
Notwithstanding any language to the contrary in this SOW with regard to fixed -price, deliverables or acceptance of deliverables, RH shall be compensated on an hourly basis only. RH is not providing deliverables under this SOW.
If, for any reason, any Professional is unable to complete his or her assignment, RH will endeavor to provide a suitable replacement, subject to Client' sapproval. If RH is unable to identify areplacement acceptable to Client, this SOW will be deemed to have automatically ended with respect to such Professional, except that Client shall remain liable to RH for services provided by such Professional prior to his/er termination.
Robert Half Inc., 2025. All rights reserved. Robert Half Inc. is an Equal Opportunity Employer M/ F/ D/ V
of 5 8/ 2024
225
Payment Terms.
Each Professional will present a time sheet or an electronic time record to Client' s or Client' s representative for verification and approval at the end of each week. RH will bill Client weekly for the total hours worked. RH' s invoices are due upon receipt, including applicable sales and service taxes all of which are payable by Client. In the event that Client fails to pay the invoices when due, Client agrees to pay all of RH' s costs of collection, including reasonable attorneys' fees, whether or not legal action is initiated. Additionally, RH may, at its option, charge interest on any overdue amounts at a rate of the lesser of 11/ 2% per month or the highest rate allowed by applicable law from the date the amount first became due. RH may charge you a technology fee for the provision of equipment or technology, if you request that our professional use equipment or technology provided by us. RH may also increase its rates for the services provided under this SOW to reflect increases in RH' s own costs of doing business, including costs associated with higher wages for workers and/ or related tax, benefit and other costs. RH will provide written or verbal notice of the technology fees and/ orincrease in rates for the services, and such increase will be prospective, starting as of the effective date RH specifies.
Overtime.
If applicable, overtime will be billed at 1. 5o times the normal billing rate. Federal law defines overtime as hours in excess of 4o hours per week, state laws vary. If state law requires double time pay, the double time hours will be billed at 2. Oo times the normal billing rate.
Expenses.
Travel and/ or out-f- pocket expenses incurred by a Professional shall be reimbursed by Client immediately upon Client' s receipt of invoice.
Hiring the Professional.
After Client evaluates the performance and potential of a Professional on the job, Client may wish to employ this person directly.
In such event, Client agrees to pay a conversion fee. The conversion fee is payable if Client hires the Professional, regardless of the employment classification, on either a full- time, temporary ( including temporary assignments through another agency) or consulting basis within twelve months after the last day of the Professional' sassignment. Client also agrees to pay a conversion fee if a Professional is hired by ( i) a subsidiary or other related company or business as a result of Client' s referral of the Professional to that company or ( ii) one of Client' s customers as a result of the Professional providing services to that customer.
The conversion fee will be owed and invoiced upon Client' shiring of the Professional, and payment is due upon receipt of the invoice. The same calculation will be used if Client converts the Professional on a part- time basis using the full- time equivalent salary.
The conversion fee will equal a percentage of the Professional' s aggregate annual compensation, including bonuses as follows:
Months Billed and Paid ( Hours billed and paid) Conversion Rate If hired in the first o-3 months ( o- 500 hours) 35%
If hired after 3+ months ( 5o1+ hours) Flat Fee of $500 only.
Miscellaneous.
For a change to be valid, both parties must sign it. Additional or different terms in any written communication from Client ( such as a purchase order) are void. Any terms of this SOW which by their nature extend beyond the termination of this SOW will remain in effect until fulfilled, including any payment obligations, and apply to each party' srespective successors and assignees. This SOW is the complete agreement regarding the engagement( s) identified on the first page of this SOW, and replaces any prior oral or written communications between RH and Client regarding such engagement( s).
Robert Half Inc., 2025. All rights reserved. Robert Half Inc. is an Equal Opportunity Employer M/ F/ D/ V
226
Attachment B
Scope of Engagement
Consultant to be responsible for independently performing the full scope of routine and complex assigned duties to support the EPL software platform in a maintenance support model including a full transition from on- prem to cloud. The consultant will receive task guidance from the Chief Building Official and the Building Management Analyst. The scope of tasks assigned will be specific to EPL and New World Applications specific to the Permitting, Inspections, Licensing and Code Enforcement modules, including but not limited to:
Report & Form Development and Maintenance:
a. EPL, SSRS Reporting, Crystal Reports & Forms development and maintenance. i. Core Reports & Forms have been developed and delivered. Provide maintenance as necessary. ii. Newly identified reports that are identified will be developed and maintained. iii. Develop reports to replace SQL Server queries that have been frequently ran to provide EPL users easy access to set up information such as Case Type details, Fee/e Template Details, etc. Currently 410 queries used, but not all will require a
report.
b. New World SQL Queries
i. As needed and approved by CIO/BO, provide guidance on optimizing New World reports in relation to EPL uses, such as excel friendly
2. Automation:
a. Intelligent Objects, Intelligent Actions, GeoRules, stored procedures, and views creation, modification and optimization specific to EPL Applications
3. Core Configuration Optimization: Civic Access, Enterprise Permitting & Licensing, Inspections, Enterprise Service Requests, Tyler 311, associated System/ Global settings a. Custom Field/ Online Custom Fields — creation and updates b. Fee/e Template/ Fe Automation — creation and updates c. Reviews/ Submittals/ Items/ Files/ Conditions — creation and updates d. Workflow/ Actions/ Steps/ Tasks, etc. — creation and updates e. Holds — creation and updates
4. Testing:
a. Testing as configurations are made / changed
5. Troubleshooting:
a. End Users report challenges and optimization requests. Troubleshoot and make recommendations to meet the requested changes.
6. Availability:
a. Necessity to being available on call and through email with a time response of no more than an hour during expected business hours, unless notified of Out -Of -Office days / hours. b. Daily Zoom Sharing Meetings
i. Screen sharing and training on items identified in daily work Robert Half Inc., 2025. All rights reserved. Robert Half Inc. is an Equal Opportunity Employer M/ F/ D/ V
227
AC®L/ CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DDNYYY)
5/ 27/024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Arthur J. Gallagher Risk Management Services, LLC
500 N. Brand Boulevard
Suite 100
Glendale CA 91203
License#: 0D69293
CONTACT
NAME: Robert Half Certificates
HOO." No. Ext1: 818- 539- 1463 FA( NXNo): 818- 539- 1801
E- MAIL
ADDRESS: roberthalf certificates@ajc. com
INSURER( S) AFFORDINGCOVERAGE NAIC#
INSURER A: Federal Insurance Company 20281
INSURED ROBEHAL- 03
Robert Half Inc.
3001 Bishop Dr., Suite 140
San Ramon, CA 94583
INSURER B : Safety National Casualty Corporation 15105
INSURERC:
INSURER D:
INSURER E :
INSURER F :
CERTIFICATE NUMBER: 1594615593 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/ DD/ YYYY) MM/ DD/ YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 3579- 66- 87 6/ 1/ 2024 6/ 1/ 2025 EACH OCCURRENCE 2, 000,00
DAMAGE TO RENTED
CLAIMS - MADE X OCCUR PREMISES ( Ea occurrence) 2, 000,0 MED EXP ( Any X
Stop Gap Em. Liab one person) 10, 000
X in OH, WA, WY, ND PERSONAL & ADV INJURY 2, 000,00
GENII. GENERAL AGGREGATE 2, 000,00
X
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO -PRO
JECT
PER:
LOC PRODUCTS - COMP/ O AGG 2, 000,00
Employer Liability 1, 000,00
A AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
SCHEDULED
AUTOS
NON - OWNED
AUTOS ONLY
Y 7323- 32- 17 6/ 1/ 2024 6/ 1/ 2025 COMBINED SINGLE LIMIT Ea accident) 1, 000,00
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accident)
Comp/oII. Ded: 1, 000/$ 1, 000
A X UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS -MADE
7921-- 07 6/ 1/ 2024 6/ 1/ 2025 EACH OCCURRENCE 5, 000,00 AGGREGATE 5, 000,00
DED X RETENT ON $ n
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N N/ A
Y See Attached Supplemental 6/ 1/ 2024 6/ 1/ 2025 X STATUTE OERH E. L. EACH ACCIDENT 1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E. L. DISEASE - POLICY LIMIT 1, 000,00
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Named Insured includes the following: Accountemps, Office Team, Robert Half Finance & Accounting, Robert Half Technology, Robert Half Management Resources, Robert Half Legal, and The Creative Group which are direct subsidiaries of the parent company: Robert Half International 3001 Bishop Dr., Suite 140, San Ramon CA 94583. City of Lathrop is deemed Additional Insured on the above referenced General Liability and Auto Liability policies as required by written contract for liability arising out of Named Insureds' acts or omissions. Please refer to attached Chubb General Liability form 80- 02- 2367 for scope of Additional Insured status. Rights of Subrogation have been waived with respects to Workers Compensation coverage as required by written contract executed prior to loss.
CERTIFICATE HOLDER CANCELLATION
City of Lathrop
390 Towne Centre Drive,
Lathrop CA 95330
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
228
2024-025 RHI Workers Compensation Policy Numbers
Policy# States Eff. Date Exp. Date Issuing Company NAIC # Robert Half International Inc. and Protiviti Inc.
LDS4064812
AOS: AL, AZ, AR, CA,
CO, CT, DE, DC, FL,
GA, HI, ID, IL, IN, IA, KS,
KY, LA, ME, MD, MA,
MI, MN, MS, MO, MT,
NE, NV, NH, NJ, NM,
NY, NC, OK, OR, PA RI,
SC, SD, TN, TX, UT, VT,
VA, WV, WY
6/ 1/ 2024 6/ 1/ 2025 Safety National Casualty Corp 15105 PS 4064813 WI 6/ 1/ 2024 6/ 1/ 2025 Safety National Casualty Corp 15105 229
Liability Insurance
Endorsement
Policy Period JUNE 1, 2024 TO JUNE 1, 2025
Effective Date JUNE 1, 2024
Policy Number 3579- 66- 87
Insured ROBERT HALF INC.
Name of Company FEDERAL INSURANCE COMPANY
Date Issued
This Endorsement applies to the following forms:
GENERAL LIABILITY
Who Is An Insured
Additional Insured -
Scheduled Person
Or Organization
Liability Insurance
JUNE 1, 2024
Under Who Is An Insured, the following provision is added.
Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy.
However, the person or organization is an insured only:
if and then only to the extent the person or organization is described in the Schedule; to the extent such contract or agreement requires the person or organization to be afforded status as an insured;
for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and
with respect to damages, loss, cost or expense for injury or damage to which this insurance applies.
No person or organization is an insured under this provision:
that is more specifically identified under any other provision of the Who Is An Insured section ( regardless of any limitation applicable thereto). with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement.
ROBERT HALF INC. continued
Form 80- 02- 2367 (Rev. 5-07) Endorsement Page 1
230
Liability Endorsement
continued)
Under Conditions, the following provision is added to the condition titled Other Insurance.
Conditions
Other Insurance —
Primary, Noncontributory
Insurance — Scheduled
Person Or Organization
Liability Insurance
Form 80- 02- 2367 (Rev. 5- 07)
If you are obligated, pursuant to a contract or agreement, to provide the person or organization shown in the Schedule with primary insurance such as is afforded by this policy, then in such case this insurance is primary and we will not seek contribution from insurance available to such person or organization.
Schedule
PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANT TO WRITTEN
CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR ORGANIZATION, TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY THIS POLICY; BUT THEY ARE
INSUREDS ONLY IF AND TO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN INSURED.
HOWEVER, NO PERSON OR ORGANIZATION IS AN INSURED UNDER THIS PROVISION WHO IS
MORE SPECIFICALLY DESCRIBED UNDER ANY OTHER PROVISION OF THE WHO IS INSURED SECTION OF THIS POLICY ( REGARDLESS OF ANY LIMITATION APPLICABLE THERETO).
All other terms and conditions remain unchanged.
Authorized Representative
ROBERT HALF INC. last page
Endorsement Page 2
231
COMMERCIAL AUTOMOBILE - BLANKET ADDITIONAL INSURED — POLICY EXCERPT Insured Robert Half Inc.
Policy Number 7323- 32- 17
Policy Effective June 1, 2024 — June 1, 2025; 12: 01 am Standard Time Form Number 16- 02-92 (rev. 11- 16)
BUSINESS AUTO COVERAGE FORM
This endorsement modifies the Business Auto Coverage Form.
2. BROAD FORM INSURED
D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A. 1 — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following:
f. Any person or organization with respect to the operation, maintenance or use of a covered " auto", provided that you and such person or organization have agreed under an express provision in a written insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an " insured". However, such person or organization is an " insured" only:
1) with respect to the operation, maintenance or use of a covered " auto"; and 2) for " bodily injury" or "property damage" caused by an " accident" which takes place after:
a) You executed the "insured contract" or written agreement; or b) The permit has been issued to you.
232
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
WHERE A WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS IS REQUIRED BY WRITTEN CONTRACT,
SUCH ADDITIONAL ENTITIES SHALL BE CONSIDERED AUTOMATICALLY SCHEDULED BY THE COMPANY.
INDIVIDUALLY SCHEDULED WAIVERS SHALL NOT BE CONSTRUED TO OVERRIDE NOR NEGATE THIS BLANKET WAIVER.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/1/ 2024 Policy No. LDS 4 0 64 812 Endorsement No.
Insured ROBERT HALF INC. Premium $ Included
Insurance Company Safety National Casualty Corporation
Countersigned By
WC 00 03 13 ( 04 84) Page 1 of 1
1983 National Council on Compensation Insurance.
233
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
WHERE A WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS IS REQUIRED BY WRITTEN CONTRACT,
SUCH ADDITIONAL ENTITIES SHALL BE CONSIDERED AUTOMATICALLY SCHEDULED BY THE COMPANY.
INDIVIDUALLY SCHEDULED WAIVERS SHALL NOT BE CONSTRUED TO OVERRIDE NOR NEGATE THIS BLANKET WAIVER.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/1/ 2024 Policy No. PS 4064813 Endorsement No.
Insured ROBERT HALF INC. Premium $ Included
Insurance Company Safety National Casualty Corporation
Countersigned By
WC 00 03 13 ( 04 84) Page 1 of 1
1983 National Council on Compensation Insurance.
234
ITEM 4. 8
CITY MANAGER' SREPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT AMENDMENT NO. 3 WITH
SORACCO, INC., FOR ON - CALL CONSTRUCTION
SERVICES FOR WET UTILITY AND STREET REPAIRS
RECOMMENDATION: Adopt Resolution to Approve Contract Amendment No. 3 for On -Call Construction Services for Wet
Utility and Street Repairs with Soracco, Inc. and
Approve a Budget Amendment
SUMMARY:
On July 13, 2020, the City Council approved a contract with Soracco, Inc., for an annual amount not to exceed $ 200, 00 to provide on -call construction services for wet utility ( potable water, sewer, storm drain, and recycled water) and street repair services. Due to an increase in the amount of repairs needed in subsequent years, the contract amount needs to be adjusted through the issuance of contract amendment. Therefore, Contract Amendment No. 3 with Soracco, Inc., in the amount of $ 100, 00 is being requested to ensure the continuation of these essential services for the remainder of the current fiscal year FY 24-5.
The approved budget for FY 24-5 does not contain adequate funds for the additional repair costs. City staff is requesting a budget amendment of $ 100, 00 to increase appropriations to the Water Fund 5620 to cover these necessary services.
BACKGROUND:
The Public Works Department is tasked with the upkeep of the city' s water, sewer, storm drain, recycled water systems, as well as the maintenance of streets and sidewalks within the public right- of- way. On - call construction services are necessary in cases where immediate wet utility and street
capabilities.
repairs exceed the department' s
On June 9, 2020, staff issued an informal Notice Inviting Bids for the On -Call Construction Services, in compliance with the Public Contract Code and the Lathrop Municipal Code, Chapter 3.0. Following a
thorough evaluation process, on July 13,
2020, the City Council approved a contract with Soracco, Inc., the lowest responsive and responsible bidder. Sorraco, Inc., would provide on -call construction services for wet utility ( potable water, sewer, storm drain, and recycled water) and street repair services for both planned and emergency work during the fiscal year 2020-1.
The contract was amended in December 2021 to provide clarification the $ 200, 00 annual compensation was per fiscal year. Subsequently, on May 8, 2023, the City Council approved Contract Amendment No. 2 in the amount of $ 100, 00 to cover the actual number of repairs that exceeded initial projections for the FY 22-3. 235
CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT AMENDMENT NO. 3 WITH SORACCO, INC., FOR ON -
CALL CONSTRUCTION SERVICES FOR WET UTILITY AND STREET REPAIRS REASON FOR RECOMMENDATION:
Over the past two fiscal years, Soracco, Inc. has consistently delivered services at a cost that aligns with the contracted amount of $ 200, 00 per fiscal year. However, this year has presented unforeseen challenges, as an unusually high number of repairs have caused us to exceed the annual contract amount by mid -February 2025.
Therefore, staff is seeking approval for Contract Amendment No. 3, which would allow for an additional $ 100, 00 to be added to the budget for the remainder of the 2024- 25 fiscal year.
FISCAL IMPACT:
The approved budget FY 24-5 does not contain adequate funds for the additional repair costs. City Staff is requesting a budget amendment of $ 100, 00to increase appropriations to the Water Fund 5620 for maintenance and repair services as follows:
Increase Appropriation
5620--0- 420- 75- 00 $ 100, 00
ATTACHMENTS:
A. Resolution to Approve Contract Amendment No. 3 for On -Call Construction Services for Wet Utility and Street Repairs with Soracco, Inc. and Approve a Budget Amendment
B. Contract Amendment No. 3 for On -Call Construction Services for Wet Utility and Street Repairs with Soracco, Inc.
236
CITY MANAGER' S REPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT AMENDMENT NO. 3 WITH SORACCO, INC., FOR ON -
CALL CONSTRUCTION SERVICES FOR WET UTILITY AND STREET REPAIRS APPROVALS:
City Brad/ raylor ngineer
Cari Ja es Finance' irector
Date
z/ VV- toL S
9/ o2s
Date
Michael King Date
Assistant City Manager
Salvador
S
Navarrete Date
1-z6-z) a-S
City Attorney
T 3-4- 25
Stephen J. Salvatore Date
City Manager
237
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE CONTRACT AMENDMENT NO. 3 FOR ON -CALL CONSTRUCTION SERVICES FOR WET UTILITY AND STREET REPAIRS WITH SORACCO, INC. AND APPROVE A
BUDGET AMENDMENT
WHEREAS, the Public Works Department is tasked with the upkeep of the City' s water, sewer, storm drain, recycled water systems as well as the maintenance of streets and sidewalks within the public right- of- way; and WHEREAS, in cases where immediate wet utility and street repairs exceed the departments capabilities, on call construction services are necessary; and WHEREAS, on June 9, 2020, staff issued an informal Notice Inviting Bids for the On -Call Construction Services in compliance with the Public Contract Code and the Lathrop Municipal Code, Chapter 3.0; and
WHEREAS, on July 13, 2020, the City Council approved a contract with Soracco, Inc., the lowest responsive and responsible bidder to provide on -call construction services for wet utility ( potable water, sewer, storm drain, and recycled water) and street repair services; and
WHEREAS, the contract with Soracco, Inc., was amended in December 2021 to provide clarification the $ 200, 00 annual compensation was per fiscal year; and WHEREAS, subsequently, on May 8, 2023, the City Council approved Contract Amendment No. 2 in the amount of $ 100, 00to cover unforeseen additional repairs that exceeded initial projections for the FY 22- 23; and WHEREAS, this year has presented unforeseen challenges, as an unusually high number of repairs have caused us to exceed the annual contract amount by mid - February 2025 and
WHEREAS, staff is seeking approval for Contract Amendment No. 3, which would allow for an additional $ 100, 00 to be added to the budget for the remainder of the 2024-5 fiscal year; and
WHEREAS, staff is also requesting a budget amendment in the amount of 100, 00 to increase appropriations to the Water Fund 5620 for maintenance and repair services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves Contract Amendment No. 3 to add $ 100, 00 for On - Call Construction Services for Wet Utility and Street Repairs with Soracco, Inc. for the remainder of the 2024-5 fiscal year; and
238
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment in the amount of $100, 00 as follows:
Increase Appropriation
5620--0- 420- 75- 00 $100, 00
239
The foregoing resolution was passed and adopted this 10th day of March 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 240
ATTACHMENT
u8 u
AMENDMENT NO. 3
TO THE GENERAL SERVICES AGREEMENT BETWEEN THE CITY OF LATHROP AND SORACCO, INC. DATED JULY 13, 2020
FOR EMERGENCY ON -CALL CONSTRUCTION SERVICES FOR WET UTILITY AND
STREET REPAIRS
THIS AMENDMENT ( hereinafter " AMENDMENT NO. 3") to the agreement between Soracco, Inc. and the City of Lathrop dated July 13, 2020, (hereinafter " AGREEMENT") dated for convenience this 10th day of March 2025, is by and between Soracco, Inc. ("CONTRACTOR") and the City of Lathrop, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, CONTRACTOR is specially trained, experienced, and competent to perform On -Call Wet Utility and Street Repairs for the City of Lathrop, which are required by this agreement; and
WHEREAS, on June 9, 2020, CITY issued an informal Notice Inviting Bids for the On -Call Construction Services; and
WHEREAS, on June 25, 2020, CONTRACTOR submitted a bid for On -Call Construction Services for Wet Utility and Street Repairs; and
WHEREAS, on July 13, 2020, CONTRACTOR and CITY entered into an AGREEMENT for On -Call Construction Services for Wet Utility and Street Repairs, in the amount not to exceed 200, 00 per fiscal year; and
WHEREAS, on December 13, 2021, AMENDMENT NO. 1 was issued to modify Section 2 to accurately reflect compensation per fiscal year; and WHEREAS, on May 8, 2023, AMENDMENT NO. 2 was issued to add $ 100, 00 to continue providing services for the remainder fiscal year 2023-024, and WHEREAS, AMENDMENT NO. 3 is needed to add $ 100, 00 to continue providing services for the remainder of fiscal year 2024-025, and NOW, THEREFORE, CONTRACTOR and the CITY agree as follows:
AMENDMENT NO. 3 TO AGREEMENT
1) Compensation. Section ( 2) of the AGREEMENT is hereby amended to add the lanugage below:
CITY hereby agrees to pay CONTRACTOR a sum not to exceed an $ 200, 00 for fiscal year, 2024-025 ($200, 00 for the original agreement and AMENDMENT NO. 1 and 100, 00 for AMENDMENT NO. 2) on a time and materials unitary basis, for the services referenced in Section 1, above and at the rates stated in the CONTRACTOR' Sbid item
241
CITY OF LATHROP - AMENDMENT NO. 3 WITH SORACCO, INC. FOR ON -CALL CONSTRUCTION
SERVICES FOR WET UTILITY AND STREET REPAIRS
schedule submitted on June 25, 2020, attached as Exhibit "A". CONTRACTOR shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete.
In no event shall CONTRACTOR be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the new work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis. 2) Applicability to Original AGREEMENT
All terms and conditions set forth in the AGREEMENT dated July 13, 2020 as amended by Amendments 1 and 2 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
3) 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.
242
CITY OF LATHROP - AMENDMENT NO. 3 WITH SORACCO, INC. FOR ON -CALL CONSTRUCTION
SERVICES FOR WET UTILITY AND STREET REPAIRS
Approved as to Form:
Recommended for Approval:
Approved by:
City Council Approval:
March 10, 2025
Resolution No:
Consultant:
City of Lathrop
City Attorney
Z..6- .. o ZS -
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
Soracco, Inc.
903 E. Lodi Ave.
Lodi, CA. 95240
Phone: (209) 267- 4030
Federal ID #
Lathrop Business License # 41517
Signature Date
Print Name and Title
243
EXHIBIT A: CONTRACTOR' SSUBMITTED BID SCHEDULE
ON -CALL CONSTRUCTION SERVICES
FOR WET UTILITY AND STREET REPAIRS
ATTACHMENT A
ON -CALL CONSTRUCTION SERVICES FOR WET UTILITY AND STREET
REPAIRS
BID PRICING SCHEDULE
BID
ITEM DESCRIPTION
UNITS
UNIT
PRICE
I Mobilisation and Demobilization EA I ) ( 9C>
SEWER/TORM DRAIN SYSTEM REPAIRS
Sewer Main Replacement ( for depths up to 5 feet)
2 Less than 12 inches in diameter LF S ( 1 (2-, '
3 I2 -inches in diameter and above LF S 7- S -O ' -.
Sewer Main Replacement ( for depths between 5 and 10 feet) 4 Less than 12 inches in diameter LF S 1OO' w'
5 12 - inches in diameter and above LF S ' 3t9D • `- '
Sewer Main Replacement ( for depths greater than 10 feet) 6 Less than 12 inches in diameter LF S 3 DC"::: '
7 12 -inches in diameter and above LF 41/ S- ' '
Sewer Main Spot Repair (for depths up to 5 feet)
8 Less than 12 inches in diameter EA 15-- I
12 5
9 12 -inches in diameter and above EA S 111Dvt7
Sewer Main Spot Repair (for depths between 5 and 10 feet) 10 Less than 12 inches in diameter EA S 1 h1 6110
I 12 -inches in diameter and above EA Z-` 7a
S ( 8: 1-7"
Sewer Main Spot Repair (for depths greater than 10 feet) 12 Less than 12 inches in diameter EA S ZO1 g7O
13 I 2 -inches in diameter and above EA tio) al( PD
Storm Drain Main R9airs ( for depths up to 5 feet)
14 Less than 15 -inches in diameter LF S 450
IS Over 15 -inches to 24 inches in diameter LF S S7 5-
16 Over 24 inches to 36 inches in diameter LF S IC7 S
17 Over 36 inches to 48 inches in diameter LF i
I OM)
A- 2
244
ON -CALL CONSTRUCTION SERVICES
FOR WET UTILITY AND STREET REPAIRS
ATTACHMENT A
Storm Drain Main Repairs ( for depths between S and 10 feet) 18 Less than i5 -inches in diameter LF 5—SU
19 Over 15 -inches to 24 inches in diameter LF S (' OV
20 Over 24 inches to 36 inches in diameter LF S 1 OO
21 Over 36 inches to 48 inches in diameter LF 1,%—O1. 7 Storm Drain Main Repairs ( for depths pireater than 10 feet) 22 Less than IS -inches in diameter LF S W
23 Over 15 - inches to 24 inches in diameter LF l'D
24 Over 24 inches to 36 inches in diameter LF v5 D
25 Over 36 inches to 48 inches in diameter LF ttr n"
26 Sewer Lateral Replacement LF FOC
27 Sewer Lateral Spot Repair EA 11-Oea
Sewer/torm Manhole Repairs
28 Repair of pipe trough and shelf base inside of manhole EA S3 -7( 01, O 29 Replace manhole frame and cover EA 1 i (
oD
WATER/ RECYCLED WATER SYSTEM REPAIRS
Water Main Replacement ( for depths up to 5 feet)
30 6 -inches in diameter LF Z ) v
31 8 -inches in diameter LF 2' 7 5-
32 10 -inches in diameter IF S -.) jdO
33 12 -inches in diameter LF 32- s34 16 -inches in diameter LF 3" jC 35 Over 16 -inches in diameter LF Li' y6-
Water Main Replacement ( for depths between 5 and 10 feet) 36 6 -inches in diameter LF S
d-7)
37 8 -inches in diameter LF Z. 6--
38 10 -inches in diameter LF 3 '' 712
39 12 -inches in diameter LF 1 2s
40 16 -inches in diameter LF
6- 15-
A- 3
245
ON -CALL CONSTRUCTION SERVICES
FOR WET UTILITY AND STREET REPAIRS
ATTACHMENT A
41 Over 16 -inches in diameter LF 1! 5- 0
Water Main Spot Repair ( for depths up to 5 feet)
42 12 -inches or less diameter EA r5 r51°
43 Over 12 -inches in diameter g. A 14, o10
Water Main Spot Repair (for depths between 5 and 10 feet) 44 12 -inches or less diameter EA 1 tOW
45 Over 12 -inches in diameter EA Si u" l•v
46 Water Set -vice Line Replacement ( trenehless, 1-/2to 2 -inch Haunter) LF
47 Water Service Line Spot Repair EA ID ( QV 7
48 Fire Hydrant Knockdown Repair EA 3 t OUO
49 Fire Hydrant Knockdown Replacement EA pt t7W
Water System Valve Replacement
50 6 -inches in diameter EA 5. 1t0 6
51 8 -inches in diameter EA ill ntfJ
52 10 -inches in diameter EA 116-7D
010410
O- 100O
53 12 -inches in diameter EA
54 16 -inches in diameter EA
55 18 -inches in diameter EA S
1 •i
t
tlin)
56 ARV Valve ReElacement EA tb '
57 Meter/ter Box Replacement EA S 3
Sot'
STREET AND SIDEWALK REPAIRS
58 Saw -Cutting Asphalt Concrete Pavement ( per inch depth cut) LF 59 Asphalt Concrete Pavement Repair (per 2 -3/ 2 -inches thick lift) SF 54• - - 60 Concrete Sidewalk Removal & Replacement SF S lJ i2
61 Concrete Curb and Gutter Removal & Replacement LF 31 Sr• TOTAL UNIT PRICE ( ITEMS 1- 61) 606 i 1 Zoe
CONTRACT IS TO BE AWARDED BASED ON BID PRICING SCHEDULE WITH THE
LOWEST UNIT PRICES
A- 4
246
ON -CALL CONSTRUCTION SERVICES
FOR WET UTILITY AND STREET REPAIRS
ATTACHMENT A
ATTACH TIME AND MATERIALS RATE SHEET
ALLOWANCE ITEMS
1 Allowance for working in locations with
enhanced traMc control 1 EA
Time &
Materials
Nit
510. 00
2 Allowance for unexpected field conditions or
issues that are beyond the scope of typical wet
utility or street repair I EA
Time &
Materials
NTE
15. 000
3 All Planned Work 1 EA
Time &
Materials
NTE
125, 000
3 All Emergency Work I EA
Time &
Materials
NTE
550. 00
A- 5
247
dar
UC. 1f1028603 Inc.
GENERAL ENGINEERING & BUILDING CONTRACTOR
TIME & MATERIAL RATES
2019/0
EQUIPMENT
NOTE: Equipment Rates Include Markup But Are ' Bare' — No Labor h Included ( see below) Additional Equipment surcharges may apply when rental costs exceed rates lined below Rates Do Not Include Extra Charge For Working In Rock Conditions Rates Include Consumables and Minor Tools)
Rental Equipment will he charged at the full an owe puce Teichen resen es the right to impose a fuel surcharge Pickups
ACA F150 2wd'%, Ton Pickup
ACB F250 & F350 Pickup
ACD F350 Pickup wf Utility Body
ACE F550 Crew Truck & Cone Truck
ACF F250 & F350 4wd Pickup
ACH F550 w/ Utility Body Mechanics & Plumbers
Rate Per Hour
25. 00
29. 00
25. 00
29. 00
25. 00
29. 00
Hammers
HYD Hydraulic Hammer. Excavator Attachment 25. 00
Paver
FBD Asphalt Paver 275. 00
Tractors / Backhoes / Loaders
LBC Loader, Scraper JD210LJ & Case 570MXT
LBF Loader, Backhoe JD 410G
LBM Loader, 3Yd Volvo L120
LBS Skid Steer, Cat 2590
Motor Graders ( Blades)
MHD Motor Grader. Cat 140G
Rollers/ Compactor
RBH Roller, Pneumatic, 10 Ton, IR PT125R
RKA Compactor. Cat 815F
RVC Roller, Vibratory, Cat CB224E, CB24. CB32
RVN Roller, Vibratory Pad Drum, Cat CP56B
Excavators
SGA SGA — Excavator
SGC Excavator, Cat 3080 CR SB
SGD Excavator, Cat 325
SGF Excavator, Cat 336
Dozers
TDB Crawler, Cat D4H
TDC Crawler, Cat D5KXL
TDD Crawler, Cat D6R
TD,) Crawler, Cat D10R, D10T
TDM Crawler, Cat DBR, D8T
TDO Crawler, Cat 09R
Scrapers
60. 00
85. 00
121. 00
50. 00
140. 00'
75. 00
175. 00-
55. 00
115. 00
60. 00
70. 00'
130. 00•
180. 00•
120. 00
120. 00
150. 00'
400. 00
258. 00'
325. 00`
Rotes are effectivefrom it* 2019 through June 202O. Soror % Inc. reserves the right to modify this schedule at ony time. Page 1 of 4 248
UC. * 1028603 ` Inc.
GENERAL. ENGINEERING & BUILDING CONTRACTOR
TIME & MATERIAL RATES
2019/0
TEF Scraper, Open Bowl, Cat 631E
TEL Water Pull, 8000 -Gal. Cat 623
TEN Scraper, Elevating Cat 623G
TEO Scraper, Cat 627
TEO Scraper, Cat 637G
TET Scraper, Elevating Cat 613C
Trucks
TRC Truck, HD Flatrack, Includes Flatbed Trailer
TRL Truck, Water, Peterbilt 359
TRO Truck. 3 -Axle & End Dump Trailer
TRQ Truck, Transport, Lowbed
TRS Truck, Sweeper
TRV Truck, Vacuum
Forklifts
UAB Pneumatic Forklift 4. 000 - 6. 000# Capacity
UAC Pneumatic Forkkft 13, 000 — 16, 000# Capacity
UAT Telescoping Forklift
x When working in rock add per hour:
MHD
RICA
SGC
SGD
SGF
TDD
TDM
TDO
TEF
TEL
TEN
288. 00'
185. 00*
258. 00'
350. 00•
375. 00'
155. 00•
60. 00
90. 00
99. 00
100. 00
200. 00
275. 00
63. 00
63, 00
80. 00
15. 00
20. 00
10. 00
10. 00
12. 00
10. 00
15. 00
20. 00
15. 00
20. 00
20. 00
Rorer are effect ve from July 2019 through June 2020. Soroccn, Inc. reserves the right to modify this schedule of any time. Page 2 of 4 249
GENERAL ENGINEERING & BUILDING CONTRACTOR
TIME & MATERIAL RATES
2019/0
LABOR ( Northern California Rates)
NOTE: Labor Rates include Markup
Regular Time Overtime Double Time
Foremen
Operating Engineer Foremen
Labor Foremen
Carpenter Foremen
Cement Mason Foremen
Plumber Foremen
Operator — Class 1
Motor Grader ( Blade)
Excavator
Cranes
Operator — Class 2
Loader
Dozer
Grade setter
Asphalt Paver
Tractor w/ Scraper
Finish Roller ( Asphalt)
Backhoe
Scraper
Mechanic
Compactor
Trencher
Operator — Class 3
Apprentice
Concrete Paver/ Trimmer
Hydralift
Survey o r/Cha in ma n/ Rod m a n
Screedman
Chlp Spreader
Roller ( non -asphalt)
Oiler
Laborers
130. 00
128. 00
125. 00
123. 00
172. 0D 213. 00
168. 00 207. 00
163. 00 202. 00
163. 00 197 00
94. 00 122. 00 149. 00
If Laborers are working in Alameda, Contra Costa, Marin, San Francisco or Santa Clara Counties, rates for laborers increase by
51. 00
Carpenter
Cement Mason
Teamster ( Drivers)
Plumber
122. 00
106. 00
102. 00
111. 00
156. 00 195. 00
136. 00 168. 00
129. 00 159. 00
124. 00 154. 00
Rates are effective fromJuly 2019 thmugh June 2020. Sa ccc4 Inc. reserves the right to modify this schedule of any time. Page 3 of 4 250
GENERAL ENGINEERING & BUILDING CONTRACTOR
TIME & MATERIAL RATES
2019/0
SMALL TOOLS
NOTE: Additional Equipment surcharge may apply when rental costs exceed rates listed below Rate Per Day
Small Tools & Miscellaneous ( Mark- upIncluded)
SE- AHB Hot box asphalt 2 ton trailer
SE- APS Airless Paint Striper — Ride O
SE -ATV ATV/ Kubota Utility Vehicle
SE- BCA Skidsteer Buckets/ Fork Attachments
SE- BCB Breaker & Broom Attachment
SE -BCC Manhole Cutter Attachment
SE -BEN Self - propelled Broom
SE- BGB 13" Brum Grinder Attachment
SE- BGD HRZ Drill Attachment
SE- BGR Grinder Attachment
SE -CBE Air Compressor ( 185 cfm)
SE- CBF Air Compressor ( 210 cfm)
SE• CBG Air Compressor ( 300 cfm — 700 cfm)
SE -CMS Changeable Message Sign Board
SE- CMT Mini Message Board
SE- CSM Crack Sealer Machine
SE- CSS Speed Board
SE- CSU Hydraulic Pipe Fusion Machine
SE- FAU Arrow Board
SE -GAD Generator = or <25kw - tow
SE- GAE Generator > 25kw — tow
SE- GDD EZ Drill - 5 Drill
SE -GDR EZ Drill - Single
SE- KRL Kraft Clamp
SE- LBS Skidsteers
SE- LTO Light Towers — Tow
SE -MEN Mortar & Concrete Mixers
SE -OAK Asphalt Emulsion Tac Pot
SE- PLG 6' Pumps
SE -PLO 12" Hurricane Pump/umpmaster
SE- POC Standpipe
SE- RMB Rumble Strips ( Set of 6)
SE- RSK Shaker Screen
SE- RVC 1-3 Ton Vibratory Roller
SE-CA Dike/ Curb Machine
SE-CB Curb Machine- Gomaco CC1200
SE -SCR Concrete Roller Screed - Ride
SE-CS Concrete Striker Screed
SE-SS Sand Spreader
SE- TAJ Water Wagon
SE- TAL Laser Trailer
SE- TAS Shade Trailer
SE -TAT Klein Tank
148. 00
260. 00
56. 00
8. 00
92. 00
176. 00
160. 00
600. 00
80. 00
360. 00
72. 00
76. 00
112. 00
112, 00
80. 00
480, 00
72. 00
104. 00
48. 00
84. 00
200. 00
432. 00
88. 00
80. 00
280. 00
116. 00
52. 00
104. 00
80. 00
136. 00
18. 40
48. 00
660. 00
160. 00
188. 00
268. 00
240. 00
120. 4
136. 00
64. 00
20. 00
8. 00
104. 00
Rates ore effective from July 2019 through lux 2020. Somuo Inc. reserves the right to modify this schedule of any time. Page 4 of 4 251
PAGE LEFT
INTENTIONALLY
BLANK
252
ITEM 4. 9
CITY MANAGER' S REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AGREEMENT WITH V&A CONSULTING
ENGINEERS INC., TO PROVIDE A CONDITION
ASSESSMENT OF CROSSROADS STORM DRAIN PUMP
STATION OUTFALL AND PIPELINES AND A BUDGET
AMENDMENT
RECOMMENDATION: Adopt a Resolution to Approve an Agreement with V&A Consulting Engineers Inc., to Provide a
Condition Assessment of the Crossroads Storm Drain
Pump Station Outfall and Pipelines and Approve a
Budget Amendment
SUMMARY:
In accordance with the lease agreement between the City of Lathrop and the State Lands Commission ( SLC) for the Crossroads storm drain pump station outfall, the City is obligated to conduct a thorough assessment of the pipes and headworks structure. V&A Consulting Engineers Inc., (V&A) has provided a proposal to provide this assessment for a cost of $26, 000.
Allocated funds in the FY 24/5 budget for the Crossroads Storm Drain Fund 2500 are insufficient to cover this expense. Therefore, City staff is seeking approval from the Council to amend the budget by $ 26, 000 to increase appropriations to Fund 2500.
BACKGROUND:
On June 23, 2022, the City of Lathrop entered into a general lease agreement with the SLC regarding the existing storm drain outfall for the Crossroads storm drain pump station and the new outfall for the Consolidated Treatment Facility ( CTF) discharge to the San Joaquin River. Under the terms of this lease agreement, the City is obligated to conduct a thorough condition assessment of the 12 -inch and 48 -inch diameter pipelines and head wall to ensure their suitability for continued use within six months of the lease commencement date, and subsequently at least once every five years.
In response to a request from staff, V&A has submitted a proposal for conducting a comprehensive condition assessment of the Crossroads Storm Drain Pump Station outfall and pipelines at a cost of $26, 000.
RECOMMENDATION:
It is imperative that this assessment be completed to ensure the proper functioning and maintenance of the storm drain pump station outfall. Approval of this budget 253
CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AGREEMENT WITH V&AENGINEERING TO PROVIDE A
CONDITION ASSESSMENT OF CROSSROADS STORM DRAIN PUMP STATION
OUTFALL AND PIPELINES AND A BUDGET AMENDMENT
amendment is needed to fulfill our obligations under the lease agreement and maintain the integrity of the City' s infrastructure.
In order to adhere to the terms of the SLC lease agreement, staff requests that City Council consider adopting a resolution to approve an agreement with V&A. This agreement will facilitate a comprehensive condition assessment of the Crossroads Storm Drain Pump Station Outfall. Additionally, we seek approval for a budget amendment to increase the appropriations for the Crossroads Storm Drain Fund 2500.
FISCAL IMPACT:
The cost of the agreement with V&A is $ 26, 000, which will be funded through the Crossroads Storm Drain Fund 2500. The adopted FY 24/5 budget for Fund 2500 did not allocate enough funds to cover this expense. As a result, staff requests that the Council approve a budget amendment to increase the appropriation for Fund 2500 by $ 26, 000 as follows:
Increase Appropriation
2500- 521- 40- 01- $ 26, 000
ATTACHMENTS:
A. Resolution to Approve an Agreement with V&A Consulting Engineers, Inc., to Provide a Condition Assessment of the Crossroads Storm Drain Pump Station Outfall and Approve a Budget Amendment
B. Agreement with V&A Consulting Engineers, Inc. to Provide a Condition Assessment of the Crossroads Storm Drain Pump Station Outfall 254
CITY MANAGER' S REPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AGREEMENT WITH V&A ENGINEERING TO PROVIDE A
CONDITION ASSESSMENT OF CROSSROADS STORM DRAIN PUMP STATION
OUTFALL AND PIPELINES AND A BUDGET AMENDMENT
APPROVALS:
Afr, oz/ yy/ Z01- 5-
Greg bson Date
Senior Civil Engineer
F' iZ
Brad Taylor
City Engineer
Cari Ja
Financ: irector
2 • 2-1. ZoZs
Date
c*/. 209. 5-
Date
2.1-.oZ5
Michael King Date
Assistant City Manager
Z -1-y_ z.v z-7
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
255
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE AN AGREEMENT WITH V&A CONSULTING ENGINEERS INC., TO
PROVIDE A CONDITION ASSESSMENT OF THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL AND PIPELINES AND APPROVE A BUDGET
AMENDMENT
WHEREAS, on June 23, 2022, the City of Lathrop entered into a general lease agreement with the SLC regarding the existing storm drain outfall for the Crossroads storm drain pump station and the new outfall for the CTF discharge to the San Joaquin River; and
WHEREAS, under the terms of this lease agreement, the City is obligated to conduct a thorough condition assessment of the 12 -inch and 48 -inch diameter pipelines and head wall to ensure their suitability for continued use within six months of the lease commencement date, and subsequently at least once every five years; and
WHEREAS, at the request of staff, V&A Consulting Engineers Inc., has provided a proposal for providing a condition assessment of the Crossroads Storm Drain Pump Station outfall and pipelines for a cost of $ 26, 000; and WHEREAS, in order to adhere to the terms of the SLC lease agreement, staff requests that City Council consider adopting a resolution to approve an agreement with V&A. This agreement will facilitate a comprehensive condition assessment of the Crossroads Storm Drain Pump Station Outfall. Additionally, staff requests approval for a budget amendment to increase the appropriations for the Crossroads Storm Drain Fund 2500.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve an agreement with V&A Consulting Engineers Inc., to provide a condition assessment of the Crossroads Storm Drain Pump Station Outfall to be paid through Crossroads Storm Drain Fund 2500; and
BE IT FURTHER RESOLVED, the City Council of the City of Lathrop does hereby approve the following budget amendment:
Increase Appropriation
2500- 521- 40- 01- $ 26, 000
256
The foregoing resolution was passed and adopted this 10th day of March 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 257
ATTACHMENT
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH V&A CONSULTING ENGINEERS INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS
STORM DRAIN PUMP STATION OUTFALL
THIS AGREEMENT, dated for convenience this 10th day of March, is by and between V&A Consulting Engineers Inc., ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Pipeline and Outfall Condition Assessment Services for the Crossroads Storm Drain Pump Station, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Condition Assessment Services for the Crossroads Storm Drain Pump Station, as hereinafter defined, on the following terms and conditions;
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Condition Assessment Services for the Crossroads Storm Drain Pump Station Pipelines and Outfall in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit "A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 26, 000 for the Professional Services set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit "A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is Page
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made based on a time and materials basis.
3) Effective Date and Term
The effective date of this Agreement is March 10, 2024, and it shall terminate no later than June 30, 2026.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit "A" to City' ssatisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billings
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' Sbills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Assignment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities
and on the qualifications of CONSULTANT' s
principals and staff as identified in its
proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' sAuthorized Representative: Noy Phannavong, P. E. CITY shall be notified by CONSULTANT of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' s sole discretion, and shall be notified by CONSULTANT of any changes of CONSULTANT' s
project staff prior to any change.
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CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 8) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' Sauthorized representative.
CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative. 9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($ 1, 000,0) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
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Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s
general supervision of CONSULTANT;
products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California - admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non - renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
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ii) Notice of cancellation, material change, or non -renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially
available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.
The CITY shall have the right to exercise at the
CONSULTANT' Scost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew
the coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of any
work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' sauthorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement
that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
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f)In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims Page
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for damages.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
14) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
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CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to:
To Consultant:
16) Miscellaneous
City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
V&A Consulting Engineers, Inc..
1000 Broadway, Suite 320
Oakland, CA 94607
FED ID #
Bus License #
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. d) Definitions. The definitions and terms are as defined in these specifications. e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
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h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
i)
0)
Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY. Upon CITY' srequest, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' sregular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
I) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m)
p)
Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
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.
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q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 18) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
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CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
Approved as to Form:
Recommended for Approval:
Approved by:
City Council Approval:
March 10, 2025
Resolution No:
Consultant:
City of Lathrop
City Attorney
Salvador Navarrete
City of Lathrop
Assistant City Manager
2 'Z .S ' 1- s
Date
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
V&A Consulting Engineers, Inc.
1000 Broadway, Suite 320
Oakland, CA 94607
Fed ID #
Business License #
Signature Date
Print Name and Title
Signature Date
Print Name and Title
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EXHIBIT "A__"
V&A
V&A Project No. 25- 0047
February 4, 2025
Greg Gibson, PE
Senior Civil Engineer
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
1000 Broadway
Suite 320
Oakland, CA 94607
Subject: City of Lathrop - Crossroads Storm Drain Pump Station Outfall Pipes Proposal for Condition Assessment Services
Dear Mr. Gibson:
510. 93. 6600 Tel
510. 93. 6601 Fax
vaengineering. com
Thank you for requesting a proposal for the assessment of the Crossroads Storm Drain Pump Station outfall pipes located in Lathrop, California. The outfall pipes are comprised of approximately 1, 850 feet of 12 -inch PVC and 48 -inch RCP/ steel pipes. The pipes convey storm water runoff from the Crossroads commercial/ industrial park to the San Joaquin River. The outfall pipes are buried underground, cross underneath Interstate 5, and cross through the levee before reaching the river. There are potentially three ( 3) access points: the pressure chamber at the pump station, the air release valves at the levee, and the flap gates at the outfall structure at the river.
The City of Lathrop is required by the State Lands Commission to perform a condition assessment of the outfall pipes. V&A Consulting Engineers (V&A) is prepared to assess the condition of the pipes using visual investigation, non- destructive testing, and closed- circuit television video of the pipe to the extent that is possible due to access constraints.
The work is anticipated to occur in March 2025. Per your request, the following is our proposal and detailed scope of work for the subject services:
Scope of Work
Task I Description
1. Project Management: Track and execute the project in accordance with the schedule, budget, and quality expectations that are established. The project duration is assumed to be 3 months. This task includes the following project management work activities:
a. Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion; manage activities within the total project budget.
b. Submit required prevailing wage documents and DAS forms as required by the State of California Department of Industrial Relations for all field- testing work. Comply with prevailing wage laws and certified payroll requirements, if necessary. c. Manage the quality of all work activities and project deliverables.
2. Preparation:
a. Document Review: Review the drawings and existing documentation for the outfall pipes to determine the requirements for the field assessment, such as determining the access locations, staging of safety equipment, and testing locations. 269
b. Equipment: Prepare equipment, including personal protective equipment, gas meters, ventilation equipment, tripod assembly, mechanical winch, and fall arrest for the field assessment.
3. Field Assessment: The 12 -inch and 48 -inch outfall pipes will be evaluated during one (1) site visit, assuming that both pipes will be available during the site visit. The CCTV camera will be deployed at the pressure chamber, air -release valve, and outfall structure, as accessible. V&A will conduct confined space entries to deploy the CCTV camera at the pressure chamber as well as to perform testing on the interior surfaces of the 48 -inch outfall pipe locally ( at the access structures only) at the pressure chamber, air release valve, and outfall structure, as safely accessible. The assessment will be performed by three ( 3) V&A personnel and two (2) CCTV subcontractor staff.
V&A will comply with Cal OSHA confined space entry requirements; however, a safety plan will not be submitted prior to the site visit. V&A will provide the confined space safety and testing equipment required for V&A personnel to conduct the assessment. The field assessment will include the following:
a. Visual assessment: Qualitative condition assessment observations are subjective and based upon the evaluator' s expertise.
i. Visually assess safely accessible surfaces of the outfall pipes. i i . Rate conditions using the VANDA® Concrete and Metallic Condition Indexes. See attached VANDA Indexes.
i ii. Document observations using digital photographs. A minimum of 40 photos will be obtained.
b. Reinforced concrete pipe at the pressure chamber:
i. Measure the thickness of concrete pipe and the concrete protecting the reinforcing steel using surface penetrating radar ( SPR).
i i. Assess the concrete pipe surface condition by " sounding" to listen for shallow delamination within the concrete substrate. Delaminated areas will be marked with chalk for reporting purposes.
iii. Conduct penetration measurements ( using a chipping hammer) to find the depth to sound material at 1 location.
iv. Measure the surface pH of the concrete surfaces at the concrete penetration test location described above. The pH of concrete can substantiate the extent of degradation. c. Steel pipe at the air release valve ( levee) and outfall structure:
i. Measure the metal wall thickness using A -scan ultrasonic testing ( UT) at up to 16 locations on the pipe interior to evaluate the nominal thickness and extent of corrosion. A schematic showing the number and location of the measurements will be provided. ii. Measure pit depth where significant metallic corrosion pitting is observed and UT measurements are not successful. A pit depth gauge will be used for measurements. d. CCTV
i. Retain a CCTV contractor to capture CCTV assessment videos of the outfall pipes to the extent possible from accessible access locations. The CCTV assessments will be conducted per NASSCO PACP coding standards. Provide NASSCO coding data in tabular form, videos, still images of defects, and PACP reports in electronic form.
4. Report: Prepare a letter report that describes the field assessment methods, activities, results, and conclusions. The report will include photographs of the existing conditions, data tables, and graphical and illustrative figures, as required, to present the information gathered during this 1V&A i Project No. 25- 0047 I 2
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assessment. The locations and severity of defects will be noted, and the current condition of the pipes regarding their state of degradation will be described. Recommendations for rehabilitation or repair will be presented in the report, as needed. A draft electronic copy of the report will be submitted for review. Comments will be incorporated, and a final electronic copy that is signed and stamped by a licensed California civil engineer will be provided.
Any changes to the following assumptions, prevailing wage assumption, exclusions and limitations, or proposed schedule may necessitate an adjustment to the proposed fee.
Assumptions
The following is a list of additional assumptions used to develop V&A' sscope of work.
V&A will submit monthly invoices in electronic format via email. Time spent submitting invoices via a different method may incur additional charges.
The pump station and outfall pipes will be taken out of service, cleaned, and dewatered by the City prior to the assessment.
The access points listed below will be opened and secured by the City:
Pressure chamber - open hatches and sluice gates.
Air release valves - open manhole hatch and temporarily remove air valves.
Flap gates - open and secure the flap gates in the opened position.
Suitable access points are available to set up a ladder and davit arm/ tripod fall- protection/ retrieval system.
Encroachment permits will not be required for V&A to perform the work.
Prevailing Wage Assumption
V&A understands some or all tasks associated with this project are subject to prevailing wage rate requirements. All project labor subject to prevailing wage requirements will incur a 30% markup on the associated labor fee. This markup covers the higher base hourly labor rates associated with prevailing wage rates, additional premium pay requirements, and reporting requirements.
Exclusions and Limitations
The following items, unless otherwise indicated, are not included in the scope of work:
Traffic Control Plans
Traffic Control Measures, including but not limited to sign boards, cones, and flaggers Project Specific Health and Safety Plan
Encroachment Permits
Permitting
Notification
Bonds
Shutdown, Dewatering, and Cleaning of Structures
Excavations
Structure Access, including but not limited to ladders, scaffolding, and cranes Supplied Air
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Vendor Portal Registration
Payment Portal Invoice Submission
Fee Proposal
V&A proposes to complete this work on a lump sum basis at a total cost not to exceed $ 26, 000 with terms of net 30 days ( contingent payment terms dependent on timely processing of V&A' ssubmitted invoice). This fee is valid for 90 days from the date of this proposal. The scope of work was developed as a result of our discussions and represents our mutual understanding.
Summary of Cost per Task
Task Amount
Project Management 1, 935
Preparation 1, 066
Field Assessment 12,79
Report 10, 820
Tota l : 26, 000
If unforeseen circumstances should arise which indicate that more work is required, V&A will provide a written estimate of additional required work and cost. V&A will not proceed with work beyond the not -to -exceed figure without a written authorization from your office.
We are prepared to begin work on your project upon receiving written approval, a notice to proceed NTP), or a purchase order from your office.
On behalf of our staff and myself, I would like to thank you for the opportunity to be of service to you, and the City of Lathrop. We look forward to working with you.
Sincerely,
V&A Consulting Engineers, Inc.
Noy Phannavong, P. E.
Senior Project Manager - Condition Assessment Practice Lead Accepted: Date:
City of Lathrop
IV&A I Project No. 25- 0047 I 4
272
V&A
1000 Broadway
Suite 320
Oakland, CA 94607
510. 903. 6600 Tel
510. 93. 6601 Fax
vaengineering. com
V&A Consulting Engineers
2025 Fee Schedule
Rates include Overhead & Profit
Position Hourly Rate
Principal -in -Charge 340
Senior Project Manager 300
Project Manager 285
Senior Project Engineer 264
Project Engineer 235
Deputy Engineer $ 222
Associate Engineer $ 210
Graduate Engineer $ 173
CAD Designer $ 171
Corrosion Field Supervisor $ 171
Engineering Associate $ 159
Senior Technician $ 151
Technician $ 132
Project Administrator $ 105
Deposition/ Court Appearance $ 616
Other Direct Costs
Subcontractor/ Subconsultant, Lab Analysis: Cost + 10%
Travel (Air/ Hotel/ Per Diem/ Car Rental), Printing, Shipping: @ Cost Auto/ Truck Mileage: @ Federal Rate
Field Truck: $ 125/ Day
Confined Space Entry Truck and Safety Equipment: $ 250/ Day California Prevailing Wage Markup: Labor + 30%
g V&A I Project No. 25- 0047 I 5
273
iV&A
VANDA Concrete Condition Index
1000 Broadway
Suite 320
Oakland, CA 94607
510. 93. 6600 Tel
510. 93. 6601 Fax
vaengineering. com
V&A created the VANDA Concrete Condition Index to provide consistent reporting of corrosion damage based on objective criteria. Concrete condition is rated from Level 1 to Level 5 based upon field observations and measurements, with Level 1 indicating the best case and Level 5 indicating severe damage. The individual criteria are applied based on engineering judgment to arrive at the overall rating.
Condition
Rating Description
Representative
Photograph
Level 1 Little or no damage to concrete
Hardness hard surface
Surface profile smooth, apparently intact
Cracks hairline width, minimal frequency
Spalling none
Reinforcement not exposed or damaged
Level 2 Minor surface damage
Hardness soft surface layer to 1/ 8 -inch depth
Surface profile fine aggregate exposed
Cracks hairline width, moderate frequency
Spalling shallow spalling, minimal frequency
Reinforcement not exposed or damaged
Level 3 Moderate surface damage
Hardness soft surface layer to 1/ 4 -inch depth
Surface profile large aggregate exposed or protruding
Cracks up to 1/ 32 -inch width, moderate frequency
Spalling shallow spalling, minimal frequency
Reinforcement exposed; minor damage, minimal frequency
Level 4 Loss of concrete mortar and damage to reinforcement Hardness soft paste beyond 1/ 4 -inch depth
Surface profile large aggregate exposed, loose, or missing Cracks 1/ 8- to 1/ 4 -inch width, moderate frequency
Spalling deep spalling, moderate frequency
Reinforcement exposed with damage, moderate frequency
Level 5 Bulk Toss of concrete and reinforcement
Hardness soft paste beyond 1 -inch depth
Surface profile large aggregate exposed, loose, or missing Cracks over 1/ 2 -inch width, or narrower and frequent
Spalling deep spalling, high frequency
Reinforcement consumed; loss of structural integrity
2020 V&A Consulting Engineers, Inc. All rights reserved. rIV&A I Project No. 25- 0047 I 6
274
V&A
VANDA Metal Condition Index
1000 Broadway
Suite 320
Oakland, CA 94607
510. 93. 6600 Tel
510. 93. 6601 Fax
vaengineering. com
V&A created the VANDA Metal Condition Index to provide consistent reporting of corrosion damage based on objective criteria. Metal condition is rated from Level 1 to Level 5 based upon field observations and measurements, with Level 1 indicating the best case and Level 5 indicating severe damage. The individual criteria are applied based on engineering judgment to arrive at the overall rating.
Condition
Rating Description
Level 1 Little or no corrosion
Wall thickness loss, general none
Wall thickness loss, pitting none to minimal
Extent ( area) of corrosion may be widespread but superficial Level 2 Minor corrosion
Wall thickness loss, general up to 20%
Wall thickness loss, pitting up to 20%
Extent ( area) of corrosion localized
Level 3 Moderate corrosion
Wall thickness loss, general 20% to 40%
w WaII thickness loss, pitting 20% to 60%
Extent ( area) of corrosion up to half of surface
Level 4 Severe corrosion
Wall thickness loss, general 40% to 60%
Wall thickness loss, pitting 60% to 100% ( pinholes)
Extent ( area) of corrosion most of surface
Level 5 Failure or imminent failure
a Wall thickness loss, general greater than 60%
Wall thickness loss, pitting 100% ( holes)
c
Extent ( area) of corrosion most or all of surface
2020 V&A Consulting Engineers, Inc. All rights reserved. riV& A i Project No. 25- 0047 I 7
275
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276
ITEM 4. 10
CITY MANAGER' S REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE BUDGET AMENDMENT FOR THE
OPERATION AND MAINTENANCE OF THE LATHROP
CONSOLIDATED TREATMENT FACILITY
RECOMMENDATION: Adopt Resolution to Approve a Budget Amendment for Wastewater Plant Operation and Maintenance of
the Lathrop Consolidated Treatment Facility
SUMMARY:
The Lathrop Consolidated Treatment Facility ( LCTF) plays a crucial role in providing sewer treatment capacity for various development areas, including Crossroads, Mossdale, River Islands, South Lathrop Specific Plan, Gateway Specific Plan and Central Lathrop Specific Plan. The Operations and Maintenance of the LCTF is contracted through an agreement with Veolia and is paid through CTF Fund 6080.
Due to higher -than anticipated - costs for repair, maintenance, and replacement costs and pass -through costs experienced in the current fiscal year FY 2024-5, a budget amendment is requested to increase appropriations for Fund 6080 in the amount of 290, 00for the remainder of this fiscal year. Any future cost increases beyond July 2025 will be included in budgets presented to the City Council at a later date.
BACKGROUND:
The LCTF plays a crucial role in providing sewer treatment capacity for various development areas including Crossroads, Mossdale, River Islands, South Lathrop Specific Plan, Gateway Specific Plan, and Central Lathrop Specific Plan. Veolia is responsible for the operation and maintenance services of the LCTF under the Operations and Maintenance ( O&M) Agreement that was initially established between the City and US Filter Operating Services in 2003.
On March 13, 2023, the City Council approved an amended and restated agreement with Veolia for the Operations and Maintenance of the LCTF. This decision was primarily driven by the changes in operation and maintenance requirements brought about by the Surface Water Discharge Project, CIP WW 20- 17. This agreement ensures the continued efficient and effective functioning of the LCTF to meet the growing demands of the development areas it serves.
REASON FOR RECOMMENDATION:
A budget amendment for CTF Fund 6080 is requested due to wastewater operation and maintenance costs surpassing initial projections for fiscal year FY 2024-5 by 290, 00.
277
CITY MANAGER' SREPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE BUDGET AMENDMENT FOR THE OPERATION AND MAINTENANCE
OF THE LATHROP CONSOLIDATED TREATMENT FACILITY
FISCAL IMPACT:
Insufficient funds were allocated in CTF Fund 6080 to accommodate the increase in costs. Therefore, a budget amendment is being requested to increase the appropriation by $ 290, 00 as follows:
Increase Appropriation
CTF Fund 6080- 5- 34- 420- 01- $ 290, 00
Any cost increases occurring after July 2025 will be incorporated into the budgets that are presented to the Council at a later date.
ATTACHMENTS:
A. Resolution to Approve a Budget Amendment for Wastewater Plant Operation and Maintenance of the Lathrop Consolidated Treatment Facility. 278
CITY MANAGER' S REPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE BUDGET AMENDMENT FOR THE OPERATION AND MAINTENANCE
OF THE LATHROP CONSOLIDATED TREATMENT FACILITY
APPROVALS:
BraWraylor
City Engineer
Cari Ja
Finance D rector
Date
2/V/S
Date
3.• zoZs
Michael King Date
Assistant City Manages
Salvador Navarrete Date
City Attorney
3. 4-• 25
Stephen' Salvatore Date
City Manager
279
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
TO APPROVE A BUDGET AMENDMENT FOR WASTEWATER PLANT OPERATION
AND MAINTENANCE OF THE LATHROP CONSOLIDATED TREATMENT
FACILITY
WHEREAS, the Lathrop Consolidated Treatment Facility ( LCTF) plays a crucial role in providing sewer treatment capacity for various development areas, including Crossroads, Mossdale, River Islands, South Lathrop Specific Plan, Gateway Specific Plan and Central Lathrop Specific Plan; and
WHEREAS, on March 13, 2023, City Council approved an amended and restated agreement with Veolia Water West Operating Services, Inc., (Veolia) for the Operations and Maintenance of the LCTF which is paid through CTF Fund 6080; and WHEREAS, due to higher -than anticipated -costs for repair, maintenance, and replacement costs and pass -through costs experienced in the current fiscal year FY 2024-5, a budget amendment of $ 290, 00 is necessary to increase appropriations for Fund 6080 for the remainder of this fiscal year; and WHEREAS, any cost increases occurring after July 2025 will be incorporated into the budgets that are presented to the Council at a later date.
NOW THEREFORE, BE IT RESOLVED, , that the City Council of the City of Lathrop does hereby approve a budget amendment in the amount of $ 290, 00 as follows:
Increase Appropriation
6080- 5- 34- 420- 01- $290, 00
280
The foregoing resolution was passed and adopted this 10th day of March 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete City Attorney 281
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282
ITEM 4. 11
CITY MANAGER' SREPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH PACIFIC ADVANCED
CIVIL ENGINEERING, INC. FOR CONSOLIDATED
TREATMENT FACILITY PHASE 3 EXPANSION, CIP WW
22- 38 AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve Amendment No. 5 to the Professional Services Agreement with Pacific
Advanced Civil Engineering, Inc. for Consolidated
Treatment Facility Phase 3 Expansion, CIP WW 22- 38
and Approve Budget Amendment
SUMMARY:
On November 8, 2021, City Council approved a professional services agreement ( PSA) with Pacific Advanced Civil Engineering, Inc. (PACE) to provide design services for Consolidated Treatment Facility ( CTF) Phase 3 Expansion, Capital Improvement Project ( CIP) WW 22- 38 (Project). The scope of work included preparation of civil, electrical, mechanical, structural and instrumentation plans for the construction of the Project.
Additional professional services are now needed for the design, assembly and installation of a mixing skid and design of a recycled water filtration system at the CTF. The City requested and received a proposal from PACE for the requested services for a cost of $99, 840.
Staff request City Council approve Amendment No. 5 to the PSA with PACE for additional design and analysis services for a cost of $ 99, 840.
Sufficient funds were not allocated in the adopted FY 2024-5 budget to pay for the requested design and analysis services; therefore, staff also request City Council approve a budget amendment transferring $ 100, 00 from the Wastewater Fund 6080) to the CIP project fund ( 6090) as detailed in the Fiscal Impact section of this report.
BACKGROUND:
On November 8, 2021, Council approved the creation of CIP WW 22- 38, CTF Phase 3 Expansion to increase the City' s
wastewater treatment facility processing capacity
from 2. 5 million gallons per day ( MGD) to 5. 0 MGD to keep pace with the City' s development. Following PACE' s completion of the Project design documents and construction bidding, City Council awarded a contract for the construction of the Project on August 12, 2024, and construction began in early September 2024. 283
CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR CONSOLIDATED TREATMENT FACILITY PHASE 3 EXPANSION, CIP WW 22- 38 AND APPROVE
BUDGET AMENDMENT
The requested additional professional services now needed from PACE comprise five tasks, described in greater detail in PACE' s design services proposal, Exhibit A to Amendment No. 5 to PACE' s design contract, Attachment B.
Task 78. 1 contemplates the design, assembly and installation of a skid - mounted and automated monitoring system to ensure chlorine levels in the water discharged to the San Joaquin River remain under the compliance threshold. PACE has performed all design and construction engineering on equipment related to the CTF' srecycled water river discharge. Due to this experience, PACE is uniquely qualified to design, build and install the subject monitoring skid.
Task 78. 2 will consist of the testing and evaluation of readily available media from selected vendors for suitability to filter out debris typical to the City' s recycled water.
Tasks 78. 3-5 will comprise the provision of 100% design plans and specifications for the construction of a recycled water filtration system. This system will remove debris from the City' s recycled water to a level that will reduce damage to and clogging of the City' sirrigation components and the need for replacement of plant material due to compromised irrigation.
REASON FOR RECOMMENDATION:
Approval of Amendment No. 5 with PACE will provide the City with improved equipment for the efficient and compliant discharge of recycled water with chlorine levels under the compliance threshold, and with bid -ready plans and specifications for the construction of a
recycled water filtration system.
The skid mounted monitoring system will provide automatic adjustments to the water discharged to the San Joaquin River to ensure there is no residual chlorine in the discharge stream.
The filtration system will save the City time and expenses by reducing the need for replacement of dead plants and reducing staff time associated with adjustments, maintenance, repairs to various City irrigation and recycled water delivery infrastructure.
FISCAL IMPACT:
The cost to provide the additional subject services for the Project is $ 99, 840. Sufficient funds were not allocated to CIP WW 22- 38 in the adopted FY 2024-5 budget to pay for the requested design and analysis services; therefore, staff request City Council approve a budget amendment transferring $ 100, 00 from the Wastewater Fund 6080) to the CIP project fund ( 6090) as detailed below:
284
CITY MANAGER' S REPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR CONSOLIDATED TREATMENT FACILITY PHASE 3 EXPANSION, CIP WW 22- 38 AND APPROVE
BUDGET AMENDMENT
Increase Transfer Out
6080- 9900-90- 9010
Increase Transfer In
6090- 900- 393- 0000 WW 22- 38
Increase Expenditures
6090- 8000- 420- 12- 00 WW 22- 38
ATTACHMENTS:
100, 00
100, 00
100, 00
A. Resolution to Approve Amendment No. 5 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for CTF Phase 3 Expansion, CIP WW 22- 38, and Approve Budget Amendment
B. Amendment No. 5 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for CTF Phase 3 Expansion, CIP WW 22- 38 285
CITY MANAGER' S REPORT PAGE 4
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR CONSOLIDATED TREATMENT FACILITY PHASE 3 EXPANSION, CIP WW 22- 38 AND APPROVE
BUDGET AMENDMENT
APPROVALS:
5( ze) I,Jm -7 ,/; 41 2.Z( or25
Steven Hollenbeak Date
Assistant Engineer
Ken Reed
sa
Date
910- Q( 45
Senior Construction Manager
Brad Taylor
City Engineer
P0 t2-
CariJ^
Finance irector
2- 1-. 2.. c. -5 -
Date
L3/ 3/ aflt3
Date
2 • 27 • Zo2S
Michael King Date
Assistant City Manager
Z. 7 — Z_CP 2—
Salvador Navarrete Date
City Attorney
St hen J. Salvatore Date
City Manager
286
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR CONSOLIDATED TREATMENT FACILITY PHASE 3 EXPANSION, CIP WW 22- 38, AND APPROVING BUDGET AMENDMENT
WHEREAS, on November 8, 2021, the City of Lathrop approved a professional services agreement ( PSA) with Pacific Advanced Civil Engineering, Inc. (PACE) to provide design services for the Consolidated Treatment Facility ( CTF) Phase 3 Expansion, CIP WW 22- 38 (Project); and
WHEREAS, the scope of work included preparation of civil, electrical, mechanical, structural and instrumentation plans and specifications for the construction of the Project; and
WHEREAS, additional professional services are now needed for the design, assembly and installation of a mixing skid and provision of 100% design plans and specifications for a recycled water filtration system at the CTF; and WHEREAS, staff requested and received from PACE a proposal for the requested services for a cost of $99, 840; and
WHEREAS, staff request City Council approve Amendment No. 5 to PACE' s PSA for professional services to design, assemble and install a mixing skid and provide 100% design plans and specifications for a recycled water filtration system for a cost of $ 99, 840; and
WHEREAS, as sufficient funds were not allocated to the Project in the FY 2024- 25 adopted budget, staff request City Council approve a budget amendment transferring $ 100, 00 from the Wastewater Fund ( 6080) to the CIP Project Fund 6090) as follows:
Increase Transfer Out
6080- 9900-90- 9010
Increase Transfer In
6090- 900- 393- 0000 WW 22- 38
Increase Expenditures
6090- 8000- 420- 12- 00 WW 22- 38
100, 00
100, 00
100, 00
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves Amendment No. 5 to the Professional Services Agreement with PACE, Inc. for the provision of a mixing skid and 100% design plans and specifications for a recycled water filtration system for CTF Phase 3 Expansion, CIP WW 22- 38; and
287
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 100, 00 from Wastewater Fund 6080) to the CIP Project Fund ( 6090), as detailed above. 288
The foregoing resolution was passed and adopted this 10th day of March, 2025 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 289
ATTACHMENT " t3 "
AMENDMENT NO. 5
TO THE PROFESSIONAL ENGINEERING CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF LATHROP AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
DATED NOVEMBER 8, 2021
TO DESIGN, ASSEMBLE AND INSTALL A MIXING SKID AND PROVIDE 100% DESIGN
PLANS AND SPECIFICATIONS FOR A RECYCLED WATER FILTRATION SYSTEM FOR THE CTF PHASE 3 EXPANSION, CIP WW 22- 38
THIS CONTRACT AMENDMENT ( hereinafter " AMENDMENT NO. 5") to the agreement between Pacific Advanced Civil Engineering, Inc. and the City of Lathrop dated November 8, 2021, ( hereinafter " AGREEMENT") dated for convenience this 10th day of March 2025, 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 Professional Engineering 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, on October 14, 2024, by Resolution no. 24- 5654, CONSULTANT and CITY entered into Amendment No. 4 to provide Construction Administrative Services and an invoice for completed emergency modifications to the dechlorination analyzers 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 design, assemble and install a mixing skid and provide 100% design plans and specifications for a recycled water filtration system as Exhibit "A" for the Lathrop CTF Phase 3 Expansion, CIP WW 22- 38; and
290
CITY OF LATHROP - PACIFIC ADVANCED CIVIL ENGINEERING, INC.
AMENDMENT NO. 5 TO THE AGREEMENT DATED NOVEMBER 8, 2021 TO PROVIDE A MIXING SKID AND RECYCLED WATER FILTRATION SYSTEM 100% DESIGN PLANS AND SPECIFICATIONS FOR THE CTF PHASE 3 EXPANSION, CIP WW 22- 38
WHEREAS, CONSULTANT is willing to render such Professional Engineering Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AMENDMENT NO. 5 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT is hereby amended to add the following:
CONSULTANT agrees to perform Professional 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 November 8, 2021 and Amendment No. 1 dated July 10, 2023, and Amendment No. 2 dated June 20, 2024, Amendment No. 3 dated August 8, 2024, and Amendment No. 4 dated October 14, 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 $99, 840. 0for the services set forth in Exhibit " A" of this AMENDMENT NO. 5, with a total sum not to exceed of 1, 702, 525. 00 ($1, 047, 280. 0for the original AGREEMENT, $ 72, 020 for Amendment No. 1, $62, 340 for Amendment No. 2, $32, 550 for Amendment No. 3, $388, 494. 55 for Amendment No. 4, and $ 99, 840 for Amendment No. 5). 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, previous amendments, 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. 5 is March 10, 2025, and it shall terminate no later than June 30, 2026. Amendment No. 5 hereby extends the term of the original AGREEMENT and all previous amendments 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 November 8, 2021 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Signatures
291
CITY OF LATHROP - PACIFIC ADVANCED CIVIL ENGINEERING, INC.
AMENDMENT NO. 5 TO THE AGREEMENT DATED NOVEMBER 8, 2021 TO PROVIDE A MIXING SKID AND RECYCLED WATER FILTRATION SYSTEM 100% DESIGN PLANS AND SPECIFICATIONS FOR THE CTF PHASE 3 EXPANSION, CIP WW 22- 38
The individuals executing this AMENDMENT NO. 5 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 5 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.
292
CITY OF LATHROP - PACIFIC ADVANCED CIVIL ENGINEERING, INC.
AMENDMENT NO. 5 TO THE AGREEMENT DATED NOVEMBER 8, 2021 TO PROVIDE A MIXING SKID AND RECYCLED WATER FILTRATION SYSTEM 100% DESIGN PLANS AND SPECIFICATIONS FOR THE CTF PHASE 3 EXPANSION, CIP WW 22- 38
Approved as to Form: City of Lathrop
City Attorney
Z-- Z 7 • ? Zs
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved by:
Resolution No:
Consultant:
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
Federal ID # 33- 0265538
Lathrop Business License #
Signature Date
Print Name and Title
Signature Date
Print Name and Title
293
EXHIBIT A
PACE Advanced Water Engineering
AUTHORIZATION FOR CHANGE ORDER
TO: City of Lathrop— Public Works Dept.
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7499
ATTN:
DATE:
PROJECT:
C. O. AUTH #:
Ken Reed
January 10, 2025
A713 - Lathrop CTF WRF
30 R1
The following was not included in the original contract. We are requesting authorization for additional budget.
Task 78. 1— Design. Build. Install. Program New 50/0 Dechlor Sample Pump Mix Skid PACE shall provide a design for a new 50/0 automated sample mixing system to automate and optimize the mixture of chlorinated and unchlorinated water going to the compliance analyzers. The system will consist of three three- phase sample pumps, three mag flow meters, three manifolds, a mixing system, and three programmed VFDs to create the desired 50/0 mixture with the west, the east, or both chlorine basins online. PACE shall procure all the equipment, build a mounting board, mount the equipment, plumb the piping, install wiring and controls, test the system, ship the system to the site, and install and startup the system with Veolia and City staff. PACE shall adjust and confirm the system operation.
Man -Hour Breakdown
Sr. Project Manager
Sr. Project Manager
Sr. I&C Specialist
I&C Specialist
Lab Operations Manager
Equipment & Material Fees
Pumps
VFDs
Meters
Misc. Materials
Person:
James Matthews
Andy Komor
Ernesto Camarena
Patrick Flores
Steve Sanchez
17520 Newhope Street. Suite 200 Fountain Valley. CA 92708 P ( 714) 481- 7300 F. (714) 481- 7299 www pacewater. com Rate: Hours: Rate:
260 X 4 $ 1, 040
260 x 12 $ 3, 120
250 x 4 $ 1, 000
185 x 32 $ 5, 920
104 x 40 $ 4, 160
Subtotal Engineering Fee:
Subtotal Equipment/ Material Fees:
Shipping:
Total Task 78. 1:
4, 500
3, 600
1, 800
2, 500
15, 240
12, 400
1, 200
28, 840
294
Ken Reed - City of Lathrop — Public Works Dept January 13, 2025 Phase 3 Expansion of the Lathrop Consolidated Treatment Facility / Project #A713 Page 2 of 3 Task 78. 2 —Equipment Vendor Analysis
PACE shall provide calculations, sizing ranges, and performance specifications and obtain budgetary pricing on three pressure filters at the selected micron pore size. The information and results of the quotation will be used in the analysis of capital and operational costs, and backwash volume.
PACE will interview the vendor to obtain additional information about the efficiency of the systems evaluated. The results of the vendor' s
analysis shall be presented to City.
Task 78. 3 — S5 Strainer Preliminary Concept Infrastructure Siting Exhibits The preliminary recommendations for equipment and supporting infrastructure will be converted to a concept process flow diagram, with chlorine injection inputs, sampling, pressure control, backwash holding or discharge, and other considerations including changing suction pressure. The footprint of the system will be sketched on the site with incoming power, access, and demolition if required. A backwash pipeline will be calculated including recovery tank options and layout of the proposed backwash pipe will be provided with a discharge to existing S5/ ESB.
Task 78. 4 - 90% Design ofProposed S5 Strainer Facilities and Equipment PACE shall provide 90% construction plans of proposed systems including civil, structural, mechanical, electrical, instrumentation and controls. PACE shall provide draft construction plan set with G, C, S, M, E, and I sheets at a 90% level of detail for all systems proposed. The content in the 90% design shall be presented to the project team for comments and feedback for subsequent design stages. It is anticipated there will be approximately 6 sheets at this stage of design.
Task 78. 5 — 100% Design of Proposed S5 Strainer Facilities and Equipment Based on the results of the 90% design feedback, PACE shall provide 100% construction plans of proposed systems including civil, structural, mechanical weirs and valves, electrical, instrumentation and controls. PACE shall provide draft construction plan set with G, C, SA, M, E, and I sheets at a 100% level of detail for all systems proposed. The content in the 100% design shall be presented to the project team for comments and feedback for finalization of the construction plans. It is anticipated there will be approximately 8 sheets at this stage of design.
PACE
295
Ken Reed - City of Lathrop — Public Works Dept January 13, 2025 Phase 3 Expansion of the Lathrop Consolidated Treatment Facility / Project #A713 Page 3 of 3 Amount of Compensation:
Task Description
78. 1 Design, Build, Install, Program New 50/0 Dechlor Sample Pump Mix Skid
78. 2 Equipment Vendor Analysis
78. 3 Preliminary Concept Infrastructure Siting Exhibits
78. 4 90% Design of Proposed Strainer Facilities and Equipment
78. 5 100% Design of Proposed Strainer Facilities and Equipment Total Engineering Fee
Professional Fee
28, 840
14, 000
15, 000
22, 000
20, 000
99, 840
This Request - Change Order # 30 121: $ 99, 840
Estimated By: 1/3/ 2025
An y Komor, S, PE — PACE Date
AGREED TO AND ACCEPTED BY:
By
City of Lathrop Date
PACE
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
ITEM 4. 13
CITY MANAGER' SREPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
PISOR FENCE DIVISION, INC. FOR ROAD AND LEVEE
ACCESS GATES, CIP PS 23- 15
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Pisor Fence Division, Inc. for Road
and Levee Access Gates, CIP PS 23- 15, and Authorize
the Filing of a Notice of Completion, Release of
Contract Retention and Release of Performance and
Payment Bonds
SUMMARY:
Pisor Fence Division, Inc. (Pisor Fence) has completed the construction of Road and Levee Access Gates, Capital Improvement Project ( CIP) PS 23- 15 (Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Pisor Fence 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 Pisor Fence 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 of 2, 726 to Pisor Fence 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 Pisor Fence for the construction of the Project in the amount of $ 54,08, approved a 20% construction contingency of $ 10, 902 and authorized staff to spend up to this amount as necessary to achieve the goals of the Project. The Project scope included the construction of two gates at each end of the Reclamation District 17 ( RD 17) concrete levee access tunnel under the westbound lanes of State Route 120 and Manthey Road. Construction of four pipe gates at the following locations was also completed under this contract: two on the west side of the north and south ends of Jefferson Way securing access to the east side of the San Joaquin river levee; one near each end of Howland Road with bollards blocking the adjacent shoulders to prevent vehicles from circumventing the gate. The tunnel gates and pipe gates on Jefferson Way were constructed to prevent unauthorized vehicle access to the San Joaquin River Levees. The pipe gates on Howland Road were constructed to prevent access to a permanently closed portion of Howland Road. Attachment C, Project Location 313
CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PISOR FENCE, INC. FOR ROAD AND LEVEE ACCESS GATES, CIP PK PS 23- 15
Map shows the location of all gates and bollards constructed as a function of this contract.
No contract change orders were issued during the construction of the Project; therefore, the final contract price of the Project is $ 54,08.
Upon acceptance of the improvements, the performance bond ( Bond No. 100031385, 54,08) and payment bond ( Bond No. 100031385, $54,08) will be released and replaced with a one- year warranty bond ( Bond No. 101367778, $ 5, 450). 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.
Pisor Fence has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Pisor Fence for Road and Levee Access Gates, CIP PS 23- 15. 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 Pisor Fence for $ 2, 726 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
Pisor Fence has completed the Project pursuant to the contract documents dated March 13, 2023. Staff inspected the improvements, and City Engineer deemed the improvements complete and in accordance with the approved plans and specifications Pisor Fence 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 Pisor Fence for the Project is $ 54,08.
Adequate funds have been allocated in the FY 2024-5 budget to close out CIP PS 23- 15. With the completion of the Project, staff requests that unused funds be transferred back to the original funding source.
314
CITY MANAGER' SREPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PISOR FENCE, INC. FOR ROAD AND LEVEE ACCESS GATES, CIP PK PS 23- 15
ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by Pisor Fence Division, Inc. for Road and Levee Access Gates, CIP PS 23- 15, Authorizing the Filing of a Notice of Completion, Release of Contract Retention and Release of Performance and Payment Bonds
B. Notice of Completion - Road and Levee Access Gates, CIP PS 23- 15 C. Project Location Map
315
CITY MANAGER' S REPORT PAGE 4
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PISOR FENCE, INC. FOR ROAD AND LEVEE ACCESS GATES, CIP PK PS 23- 15
APPROVALS:
Wjakeel4 /
Steven Hollenbe k
Assistant Engineer
2, ZS. a5
Date
en Reed Date
Senior Construction Manager
Brad aylor
City ngineer
Ca ri
Financ& Director
4C _
2 /25/? ovs
Date
Date
2/. d) E12.
Z • ZV • Zois'
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Z• 2gat •Z‘
Step en J. Salvatore Date
City Manager
316
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PISOR FENCE DIVISION, INC.
FOR ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15 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 Pisor Fence Division, Inc. (Pisor Fence) for Road and Levee Access Gates, CIP PS 23- 15, (Project) in the amount of $ 54,08 with a 20% construction contingency of 10, 902 and authorized staff to use up this amount as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of constructing four pipe gates and two tunnel gates at various locations within the City, as shown on Attachment C of the City Manager' sreport; 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, no contract change orders were issued during the construction of the project; therefore, the final contract price of the Project is $ 54,08; and WHEREAS, Pisor Fence 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. 100031385, $ 54,08) and payment bond ( Bond No. 100031385, $ 54,08) will be released and replaced with a one- year warranty bond ( Bond No. 101367778, $ 5, 450) 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 2024-5 budget for CIP PS 23- 15 to close out the Project. With the completion of the Project, staff req uests that unused funds be transferred back to the source Fund; and WHEREAS, staff requests City Council accept the public improvements constructed by Pisor Fence for Road and Levee Access Gates, CIP PS 23- 15; 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 317
Pisor Fence in the amount of $ 2, 726 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 Pisor Fence for Road and Levee Access Gates, CIP PS 23- 15, 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 Pisor Fence, in the amount of $ 2, 726 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. 318
The foregoing resolution was passed and adopted this 10th day of March 2025 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 319
ATTACHMENT
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees ( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' SUSE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co - owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co -owners is fee title (e.g. fee title, leasehold, joint tenancy, etc.).
4. That on the 10th day of March 2025 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: Pisor Fence Division, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Pisor Fence Division, Inc. P. O. Box 7213 Citrus Heights, CA 95621
7. That the real property herein referred to is situated in the State of California, and is described as follows:
CIP PS 23- 15- Road and Levee Access Gates
City of Lathrop County of San Joaquin,
That the undersigned has knowledge ofthe contents herein and states under penalty ofperjury that the foregoing is true and correct.
CITY OF LATHROP
By:
By:
Stephen J. Salvatore, City Manager Date
Teresa Vargas, City Clerk Date
320
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated March 10, 2025 by Pisor Fence Division, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalfofthe City Council pursuant to authority conferred by minute action of the City Council adopted on March 10, 2025, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
321
je
Drawbridge
Legend
O
PIPE
GATE
RD
17 Access
Tunnel
TUNNEL
GATE
322
ITEM 4. 14
CITY MANAGER' SREPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO ARROW
DRILLERS INC. FOR CONSTRUCTION OF GOLDEN
VALLEY PARKWAY AND SADLER OAK DRIVE FIBER
OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to Arrow Drillers Inc. for Construction of Golden Valley
Parkway and Sadler Oak Drive Fiber Optic Extension
CIP GG 22- 03 and Approve Budget Amendment
SUMMARY:
On June 14, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 22- 03 Citywide Fiber Optic Improvements to connect City Hall and the Corporation Yard to existing and future City Facilities via fiber optic lines installed in new and existing conduit runs. The next phase of this project is the connection of Golden Valley Pkwy from Towne Centre Drive to Sadler Oak Drive ( Project). The scope of work consists of the procurement and installation of new fiber optic pull boxes along Golden Valley Pkwy extending from Towne Centre Drive to Lathrop Road including Directional boring and conduit installation from Mossdale Pump Station ( M3) across Golden Valley Pkwy to the median and across Brookhurst Blvd.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on January 30, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
2. 36. 060. The City Clerk received and opened six ( 6) bids on February 20, 2025.
After review and evaluation, staff determined the lowest bidder did not provide a complete bid package; therefore, the bid was deemed not responsive. The next responsive and responsible bidder was Arrow Drillers Inc. dba Arrow Construction with a bid of $ 123, 800.
Staff requests City Council award a construction contract to Arrow Construction for construction of the Project in the amount of $ 123, 800 and authorize a 20% construction contingency of $ 24, 760 for a total cost not to exceed $ 148, 560.
CIP GG 22- 03 has a current balance of $ 90, 700 therefore, staff is also requesting Council approve a budget amendment transferring $ 57, 860 from the Measure C fund to the CIP Project Fund ( 3010) to fund the construction contract and a 20% contingency. Contingent on approval by the Measure C Committee. 323
CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ARROW DRILLERS INC. FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE BUDGET AMENDMENT BACKGROUND:
Staff identified the need to expand its network capabilities to be able to accommodate existing and new facilities such as police and fire stations, pump stations, wells, security cameras and traffic signals that are essential to the daily management of City businesses, resources and security. The expansion of fiber optic network will allow City staff to remotely communicate and monitor these facilities and will provide compliance with the Department of Homeland Security requirements. The bid solicitation package with plans and specifications for the construction of the Project was advertised on January 30, 2025, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
Six ( 6) bids were received; The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Contractor Base Bid
Golden State Utility Co. 82, 368
Arrow Drillers Inc. 123, 800
Lawrence Backhoe Service Inc. 126, 21
Lasar Electric, Inc. 141, 660
Tim Paxin' s Pacific Excavation Inc. 159, 246
Bear Electrical Solutions LLC 198, 340
Staff reviewed and evaluated the bids and determined that the lowest bidder did not provide a complete bid package; therefore, the bid was deemed not responsive. The next responsive and responsible bidder was Arrow Construction. Staff requests City Council adopt a resolution awarding a construction contract to Arrow Construction for 123, 800.
Staff also requests City Council authorize a 20% contingency of $ 24, 760 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 148, 560.
REASON FOR RECOMMENDATION:
Construction of the Project will allow for new City Facilities and Traffic signals to be connected to the City' s network and will establish compliance with the Department of Homeland Security.
FISCAL IMPACT:
Staff requests City Council approve a budget amendment transferring $ 57, 860 from Measure C Funds ( 1060) to the General CIP fund ( 3010) as follows:
324
CITY MANAGER' S REPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ARROW DRILLERS INC. FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE BUDGET AMENDMENT Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 22- 03
Increase Appropriation
3010- 8000- 420- 100 GG 22- 03
57, 860
57, 860
57, 860
325
CITY MANAGER' SREPORT PAGE 4
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ARROW DRILLERS INC. FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE BUDGET AMENDMENT ATTACHMENTS:
A. Resolution to Award a Construction Contract to Arrow Drillers Inc. for Construction of Golden Valley Parkway and Sadler Oak Drive Fiber Optic Extension, CIP GG 22- 03 and Approve Budget Amendment
B. Construction Contract with Arrow Drillers Inc. for Construction of Golden Valley Parkway and Sadler Oak Drive Fiber Optic Extension, CIP GG 22- 03 326
CITY MANAGER' S REPORT PAGE 5
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ARROW DRILLERS INC. FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE BUDGET AMENDMENT APPROVALS:
3 / T ( Za LJ
Carlos Carrillo Date
Management Analyst
nandes Date
rector of Information Systems
Brad
City
Taylor
ngineer
Cari Ja e
Director • Finance
Date
3 /3Ao- z-5
Adda2- 5
Date
S • 3 • 2025'
Michael King Date
Assistant City Manag
3• Zpt S'
Salvador Navarrete Date
City Attorney
3.5. 25
Stephen J. Salvatore Date
City Manager
327
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AWARD A CONSTRUCTION CONTRACT TO ARROW DRILLERS INC. FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE BUDGET
AMENDMENT
WHEREAS, on June 14, 2021, City Council approved the creation of Capital Improvement Project ( CIP) GG 22- 03 Citywide Fiber Optic Improvements Golden Valley Parkway and Sadler Oak Drive Fiber Optic Extension to connect City Hall and the Corporation Yard to existing and future City Facilities via fiber optic lines installed in new and existing conduit runs; and
WHEREAS, the scope of work consists of the procurement and installation of new fiber optic pull boxes along Golden Valley Pkwy extending from Towne Centre Dive to Sadler Oak Drive including Directional boring and conduit installation from Mossdale Pump Station ( M3) across Golden Valley Pkwy to the median and across Brookhurst Blvd ( Project); and
WHEREAS, a bid solicitation package with plans and specifications for the construction of the Project was advertised on January 30, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, six ( 6) bids were received and opened on February 20, 2025; and WHEREAS, after review and evaluation staff determined that, the lowest bidder did not provide a complete bid package; therefore, the bid was deemed not responsive; and
WHEREAS, the next responsive and responsible bidder was Arrow Drillers Inc. dba Arrow Construction with a bid of $ 123, 800; and
WHEREAS, staff requests City Council adopt a resolution to award a construction contract to Arrow Construction for construction of the Project in the amount of $ 123, 800; and
WHEREAS, staff also requests City Council authorize a 20% contingency of 24, 760 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 148, 560; and WHEREAS, CIP GG 22- 03 has a current balance of $ 90, 700 therefore, staff is also requesting Council approve a budget amendment transferring $ 57, 860 from the Measure C fund ( 1060) to the CIP Project Fund ( 3010) to fund the construction contract and a 20% contingency, contingent on approval by the Measure C Committee; and
328
WHEREAS, staff requests City Council approve a budget amendment transferring $ 57, 860 from Measure C Funds ( 1060) to the General CIP fund ( 3010) as follows:
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 22- 03
Increase Appropriation
3010- 8000- 420- 10 GG 22- 03
57, 860
57, 860
57, 860
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Arrow Construction for construction of CIP GG 22- 03 Golden Valley Pkwy and Sadler Oak Drive Fiber Optic Extension for a cost of $ 123, 800; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 20% contingency of $ 24, 760 for a total cost not to exceed 148, 560 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 approves a budget amendment transferring $ 57, 860 from Measure C Funds ( 1060) to the General CIP fund ( 3010) as shown above, contingent on approval from the Measure C Committee.
329
The foregoing resolution was passed and adopted this 10th day of March 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 330
ATTAL' a:o
CONSTRUCTION CONTRACT
H
This Contract, dated March 10, 2025 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Arrow Drillers 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 Golden Valley Pkwy and Sadler Oak Rd Fiber Optic Extension CIP GG 22- 03 (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 excavating, trenching, backfilling, potholing and/ or directional boring and procurement and installation of conduit, tracer wire, mule tape and fiber optic cable pull boxes on Golden Valley Pkwy between Town Centre Dr. and Sadler Oak Dr.; and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 90 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: $ One hundred twenty three thousand eight hundred 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, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Arrow Drillers Inc. on February 20, 2025. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the 00500- 1
331
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 effecting 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 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 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 00500- 2
332
continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s
proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' s
performance of Work, the Contractor shall request the CITY' sconsent to 00500- 3
333
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' 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' sobligations 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.
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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' 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 ( 1 0) 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. fJ In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty ofOne- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
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The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under 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' 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) 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;
8) 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;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
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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 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:
Copy to:
City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
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PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person
having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8)
9)
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.
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. 00500- 8
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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 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. 00500- 9
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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 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.
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344
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346
347
348
349
350
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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:
Brad Taylor, City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
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Bond No:
Premium:
Contract No:
PERFORMANCE BOND
WHEREAS, the City Council of the City of Lathrop, State of California, and Principal"), have entered into a Contract whereby principal agrees to install and complete certain designated public improvements. The Contract, dated , 20 , and identified as GOLDEN VALLEY PKWY AND SADLER OAK RD FIBER OPTIC EXTENSION, CIP GG 22- 03, is hereby referred to and made a part hereof; and WHEREAS, the principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the principal and ,
as surety, are held and firmly bound unto the City of Lathrop (" City"), in the sum of dollars ($ ) lawful money of the United States,
for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally.
The condition of this obligation is such that if the above principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney' sfees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.
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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 .
ADDRESS OF Contractor:
ADDRESS OF SURETY:
END OF SECTION)
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Bond No:
Premium:
Contract No:
PAYMENT ( LABOR AND MATERIALS) BOND
WHEREAS, the City Council of the City of Lathrop, State of California, and Principal"), have entered into an Contract whereby principal agrees to install and complete certain designated public improvements. The Contract, dated 20_, and identified as GOLDEN VALLEY PKWY AND
SADLER OAK FIBER OPTIC EXTENSION, CIP GG 22- 03 is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Contract, principal is required before entering upon the performance of the work to file a good and sufficient payment with the City of Lathrop to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of Lathrop and all Contractors, subcontractors, laborers, material, men and other persons employed in the performance of the Contract and referred to in the above - mentioned Code of Civil Procedure in the sum of
dollars ($ ), for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the surety will pay the same in an amount not exceeding the amount set forth above, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' sfees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the conditions of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alternation or addition to the terms of said Contract or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 .
ADDRESS OF PRINCIPAL:
ADDRESS OF SURETY:
END OF SECTION)
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WORKER' SCOMPENSATION CERTIFICATION
AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provision of Section 3700 of the Labor Code which require every employer to be insured against liability for worker' s
compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Contract.
Contractor:
By:
Title:
END OF SECTION)
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WARRANTY BOND ACKNOWLEDGMENT
TO the City of Lathrop
The undersigned guarantees the construction and installation of the work included in this project.
A Warranty Bond similar to the provided Warranty Bond Form on the following page is required to be submitted prior to project acceptance by the City. The Warranty Bond shall be ten percent 10%) of the final contract amount. The Bond will be effective for one ( 1) year, beginning with the date of project acceptance.
If any of the work is defective, due to faulty workmanship, materials furnished or methods of installation, or if the work or any part of it fails to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within one year after the date on which this contract is accepted by the City after relief from maintenance, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring the project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and to repair the work completely without cost to the City so that the work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs done by the undersigned. If the City elects to have the work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned fails or refuses to comply with his obligations under this warranty, the City shall be entitled to all costs and expenses, including attorney' sfees.
Signature of Bidder Date
Bond No:
Premium:
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Contract No:
WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Lathrop, State of California, and Principal"), have entered into an Contract whereby principal agrees to install and complete certain designated public improvements. The Contract, dated , 20 , and identified as GOLDEN VALLEY PKWY AND SADLER OAK RD FIBER OPTIC EXTENSION, CIP GG 22- 03 is hereby referred to and made a part hereof; 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 [$ 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
as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) 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' sobligations 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 City with thirty (30) days' written notice of Principal' s default prior to Surety terminating, suspending or revoking the bond.
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The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their seals this day of , 20_, 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.
Principal)
By
Signature
Print Name and Title
Note:
To be signed by Principal
and Surety and acknowledgment
and notarial seal attached.
Surety)
Address
By
Signature
Print Name and Title
END OF SECTION
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INTENTIONALLY
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ITEM 4. 15
CITY MANAGER' S REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO ST FRANCIS
ELECTRIC, LLC FOR CONSTRUCTION OF LATHROP
HIGH SCHOOL PEDESTRIAN SIGNAL, CIP PS 25- 05
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to St Francis Electric, LLC for Lathrop High School
Pedestrian Signal, CIP PS 25- 05
SUMMARY:
On August 12, 2024, City Council approved the creation of Capital Improvement Project ( CIP) PS 25- 05 for the Lathrop High School Pedestrian Signal ( Project). This project aims to install a traffic signal at the Spartan Way and Central Pacific Street intersection to increase pedestrian safety.
On February 10, 2025, City Council approved the purchase from JAM Services, Inc.
JAM Services) for a total cost of $ 107, 400for the traffic signals and components in preparation for the construction phase of the Project. Additionally, Council approved a budget amendment transferring $ 550, 00 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3310) to cover the installation and construction of the Project.
The plans and specifications for the construction of the Project were formally advertised for bid on February 11, 2025, pursuant to California Public Contract Code PCC) 22160 and Lathrop Municipal Code ( LMC) 3.0. The City Clerk received and opened five ( 5) bids on March 4, 2025. Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be St Francis Electric, LLC ( St Francis) with a base bid of $259, 700.
Staff requests City Council award a construction contract to St Francis for the construction of the Project in the amount of $259, 700. Staff also requests City Council authorize a 15% contingency of $ 38, 955 for a total cost not to exceed $ 298, 655 and authorize staff to spend the contingency as necessary to achieve the goals of the Project.
This amount was previously appropriated, and sufficient funds were allocated to CIP PS 25- 05 to award the construction contract; therefore, a budget amendment is not necessary. Any unused funds will be transferred back into Measure C Fund upon acceptance of the Project.
BACKGROUND:
On August 12, 2024, City Council approved the creation of CIP PS 25- 05 and approved a Professional Services Agreement with TJKM to provide the design services for the Project.
363
CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ST FRANCIS ELECTRIC, LLC FOR
CONSTRUCTION OF LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL, CIP PS 25- 05
The lead time for traffic signal components is roughly 24 weeks. On February 10, 2025, Council approved the purchase from JAM Services in the amount of $ 107, 400 for the Traffic Signal Controller Cabinet, emergency vehicle preemption system, pedestrian push buttons, signage, and poles, all of which include all necessary components for installation.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on February 11, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
3.0. Due to the Project' slocation, construction will occur during the Summer Break and Administrative Closure of Lathrop High School in July 2025.
Five ( 5) bids were received and opened by the City Clerk on March 4, 2025; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Lathrop High School Pedestrian Signal
Contractor Base Bid
St Francis Electric, LLC 259, 700. 0
Mike Brown Electric Co 271, 797. 00
Tim Paxin' sPacific Excavation, Inc 285, 486. 00
Frontline General Engineering Construction, Inc 360, 854. 18 Tennyson Electric LLC 437, 519. 00
Staff reviewed and evaluated the bids and determined that the lowest responsive and responsible bidder is St Francis, with a base bid of $ 259, 700. Staff requests City Council adopt a resolution to award a construction contract to St Francis for $ 259, 700 for the construction of the Project.
Staff also requests City Council authorize a 15% contingency of $ 38, 955 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total construction budget of $ 298, 655.
REASON FOR RECOMMENDATION:
The Project is needed to improve the safety of the route for Lathrop High School students and mitigate traffic on Spartan Way. TJKM has completed the design phase of the project. Awarding a construction contract to St Francis will allow the Project to proceed with the installation of a traffic signal at the Spartan Way and Central Pacific Street intersection to improve the visibility for pedestrians and vehicles. 364
CITY MANAGER' S REPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ST FRANCIS ELECTRIC, LLC FOR
CONSTRUCTION OF LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL, CIP PS 25- 05
FISCAL IMPACT:
The Lathrop High School Pedestrian Signal, CIP PS 25- 05, is an approved project in the City' s Capital Improvement Plan, covered under CIP Project Fund ( 3310). The proposed construction contract with St Francis Electric, LLC is for $ 259, 700. A 15% contingency is requested in the amount of $ 38, 955 for a total construction budget of 298, 655. Sufficient funds were allocated to CIP PS 25- 05 on February 10, 2025, to award the construction contract; therefore, a budget amendment is not necessary.
ATTACHMENTS:
A. Resolution to Award a Construction Contract to St Francis Electric, LLC for Lathrop High School Pedestrian Signal, CIP PS 25- 05
B. Construction Contract with St Francis Electric, LLC for Lathrop High School Pedestrian Signal, CIP PS 25- 05
365
CITY MANAGER' S REPORT PAGE 4
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ST FRANCIS ELECTRIC, LLC FOR
CONSTRUCTION OF LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL, CIP PS 25- 05
APPROVALS:
Vel- onica Albarran Date
03/4. 12. 02.. 5
Junior Engineer
Brad/ faylor
City Engineer
Cari Jame
Director o Finance
i _
Date
3/ 1/, z2as
Date
3 S• lo__
Michael King Date
Assistant City Manager
3.5.- z.c) z
Salvador Navarrete Date
City Attorney
3 • S - •Ls
Stephen J. Salvatore Date
City Manager
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RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AWARD
A CONSTRUCTION CONTRACT TO ST FRANCIS ELECTRIC, LLC FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL, CIP PS 25- 05
WHEREAS, on August 12, 2024, City Council approved the creation of Capital Improvement Project ( CIP) PS 25- 05 for the Lathrop High School Pedestrian Signal Project) and awarded the Professional Services Agreement with TJKM to provide the design services for the Project; and
WHEREAS, on February 10, 2025, Council approved the purchase from JAM Services, Inc ( JAM Services) in the amount of $ 107, 400 for the Signal Controller Cabinet, emergency vehicle preemption system, pedestrian push buttons, signage, and poles, all of which include all necessary components for installation; and WHEREAS, on February 10, 2025, Council approved a budget amendment transferring $ 550, 00 from the Measure C Fund ( 1060) to the CIP Project Fund 3310) to cover the installation and construction of the Project; and WHEREAS, on February 11, 2025, the City solicited bids for the construction of the Project pursuant to California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 3.0; and
WHEREAS, a total of five ( 5) bids were received and opened by the City Clerk on March 4, 2025; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be St Francis Electric, LLC ( St Francis) with a base bid of $ 259, 700; and WHEREAS, staff requests that Council award a construction contract to St Francis in the amount of $259, 700 for the construction of the Project; and WHEREAS, staff requests Council authorize a 15% contingency in the amount of $38, 955, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total construction budget of $ 298, 655; and WHEREAS, on February 10, 2025, sufficient funds were allocated to CIP PS 25- 05, to award the construction contract.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby award a construction contract to St Francis Electric, LLC for the construction of Lathrop High School Pedestrian Signal, CIP PS 25- 05 with a base bid of $ 259, 700; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% contingency of $ 38, 955, for a total construction budget of 298, 655 and authorizes staff to spend up to this amount as necessary to achieve the goals of the Project.
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PASSED AND ADOPTED by the City Council of the City of Lathrop this 10th day of March 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas
City Clerk
Salvador Navarrete
City Attorney
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ATTACHMENT
CONSTRUCTION CONTRACT
This Contract, dated March 10, 2025, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and St Francis Electric, LLC, 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 ofthis Contract.
2. General Scope of Project and Work. Construction Documents for Lathrop High School Pedestrian Signal, CIP PS 25- 05 (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 the installation of City furnished traffic signals and all relevant components along with traffic control devices such as signage, pavement markings and traffic striping; and any task necessary to accomplish the aforementioned tasks.
The Contractor shall commence work under this Contract on May 26, 2025 and shall fully complete all work and have the Traffic Signal operational by July 19, 2025 to avoid the presence of high school students, subject to provisions contained in the Construction Documents relating to extension of time.
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: Two Hundred Fifty- nine Thousand, Seven Hundred Dollars
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 Warranty Bond Acknowledgement) and the Bid Documents submitted by the Contractor on March 04, 2025. For the purposes of construing, interpreting and resolving inconsistencies between 370
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' sperformance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' 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 ofthis Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance 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.
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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 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 372
proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
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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' 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' sname, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
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The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under 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' 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) 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;
8) 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;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 375
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 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
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16. Miscellaneous
1)
Copy to:
To Contractor:
Phone:
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: (209) 207-651
FAX: (209) 941- 7449
ATTN: Construction Project Manager
St Francis Electric, LLC
975 Carden Street,
San Leandro, CA 94577
510) 639- 0639
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. A11 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.
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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 ofrights 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)), 378
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. 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.
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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.
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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:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Brad Taylor, City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
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EXHIBIT'.'"
SECTION 00300
LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL BID PROPOSAL FORMS CIP PS 25- 05
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL, CIP PS 25- 05 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 of Lathrop, 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 furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ orFederal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid or none of the work. 00300- 1.
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SECTION 00300
LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL
CIP PS 25- 05
BID PROPOSAL FORMS
LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL, CIP PS 25- 05
BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Mobilization, Bonds & Insurance 1 LS 22, 000. 22, 000. 2 Provide and Implement Traffic Control Plan 1 LS 30, 700. 0 30, 700. 0 3 Erosion and Sediment Control Plan ( ESCP) 1 LS 2,00. 0 2,00. 0 4 Removal of Existing Thermoplastic Striping 100 LF 6.5 665. 00 5 Removal ofExisting Thermoplastic
Markings
70 SF 14. 00 980. 00
6 Removal ofExisting Signage and Posts as
Shown on Project Plans
5 EA 465. 00 2, 325. 00
Install City furnished Traffic Signals and
components at Spartan Way and Central
Pacific Street. Furnish and Install Traffic
Signal Wire.
1 LS 135, 432. 00 135, 432. 00
8 Install 4" Conduit by Directional Boring
Method as Shown on Project Plans
I LS 25, 800. 0 25. 800. 0
9 Install Concrete Pedestals for Controller
Cabinet, City Network Box, and Service
Enclosure
1 LS 8, 500. 0 8, 500. 0
10 Fumish and Install Type III -AF Service
Enclosure ( Anodized Alumintun)
1 EA
12, 000.
12, 000.
11 Install City furnished Network Box
30" x36"18" Min. on 1' High Concrete
Pedestal with 120V 20A Receptacle and
Thermostatic Exhaust Fan
1 EA 3, 800. 0 3, 800. 0
12 Install City furnished Controller Cabinet 1 EA 5, 000. 5, 000.
13 Install Thermoplastic Striping — 12" White
Line
48 LF 33. 00 1, 584. 00
14 Install Thermoplastic Striping - Caltrans Std.
Pln. A20, Detail 39A with Methyl
Methacrylate ( MMA) Green Enhancement
100 LF 62. 50 6, 250. 0
15 Install Thermoplastic Marking — Type IV
Arrow ( Right)
2 EA 53200 . 1, 064.0
16 Install City furnished Signage and Poles as
Shown on Project Plans
2 EA 700. 00 1, 400. 0
TOTAL BASE BID: $ 259, 700. 0
TOTAL BASE BID IN WORDS: Two Hundred Fifty -Nine Thousand, Seven Hundred Dollars and Zero Cents. 00300- 2
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SECTION 00300
LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL BID PROPOSAL FORMS CIP PS 25- 05
INFORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' s name and address:
St. Francis Electric, LLC.
975 Carden St, San Leandro, CA 94577
2) Bidder' stelephone number: 510- 639- 0639
3) Bidder' s email address: estimating@sfe- inc. com
4) Bidder' sContractor' sLicense # / Expiration Date / Classification:
5)
1003811 05- 31- 2025 / A & C- 10
Bidder' sDIR Registration # / Expiration:
1000022208 / 06- 30- 225
6) Person who inspected site of proposed work for Contractor' sfirm:
Name: Alexia Abarca Date of Inspection: 2/7/5
7) List 5 projects of a nature similar to this project:
Project Contract Price Name, Address and
Telephone Number of Owner
Atwater Blvd &
First Street 858, 144. 38 City of Atwater - 750 Bellevue Rd, Atwater, CA 95301 - 209- 357- 6233
Streetlight Pole Replaceme
FY 2022-3 SB1 CA
It $ 272, 39. 76 City of Stockton - 425 N. El Dorado St, Stockton 95202 - 209- 937- 8676
Meadow Lane/ Market Street
Paving Project 593, 665. 00 City of Concord - 1950 Parkside Drive, Concord, CA 94519 - 925- 671- 3107
Caltrans 04- 2K7204 440, 535. 39 Caltrans - 1727 30th St, MSC 43 Sac, CA 9581E 510- 286- 4444
River Islands Parkway Traffic
Signals & Del Webb Hybrid
1 070, 455 City of Lathrop - 73 W. Stewart Rd Lathrop, CA 95330 - 209- 879- 7900
00300- 3
384
SECTION 00300
LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL BID PROPOSAL FORMS CIP PS 25- 05
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' sTotal Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item ofwork to be performed with the words " and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing " Not Applicable" in the list below.
Work to be Performed
Install/ Terminate/ Splice/ Test
Fiber Optic Cable
1. 2. Remove/ Install Striping & Signage
3. 4.
5. 6.
Subcontractor
License Percent of
Number Total Contract Subcontractor' sName & Address
778249 2% Integrity Data & Fiber
755317
Note: Attach additional sheets ifrequired.
6%
730 Westfield Lane, Vacaville, CA 95688
Sierra Traffic Markings Inc.
9725 Del Road Suite B, Roseville, CA 95747
00300- 4
385
SECTION 00300
LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL BID PROPOSAL FORMS CIP PS 25- 05
ADDENDA
Bidder certifies he reviewed ARC Stockton' swebsite for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
1 Respectfully submitted,
03-4- 2025 St. Francis Electric, LLC.
Dated Legal Name of Firm
Guy Smith - President
Signa( urebf Authorized Representative
Seal)
If Bidder 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.
Guy Smith - President/ Secretary 975 Carden Street, San Leandro, CA 94577 Ryan Dunham- Vice President/ Manager - 975 Carden Street, San Leandro, CA 94577 Karla Brauer - Treasurer - 975 Carden Street, San Leandro, CA 94577 00300- 5
386
Guy 53fnith, President
SECTION 00300
LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL BID PROPOSAL FORMS CIP PS 25- 05
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE St. Francis Electric. LLC
as PRINCIPAL, and Everest National Insurance Company
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment of which sum in lawful money ofthe United States, well and truly to be made to the City 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 $ thn percent of the amount bid ( 10% of 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 City Hall, 390 Towne Centre Drive, Lathrop, CA: LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL, CIP PS 25- 05.
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 21st day of February , 2025.
St. Francis Electric, LLC ( Seal)
Seal)
Address: 975 Carden Street
San Leandro, CA 94577
Everest National Insurance Company ( Seal) -.
Andrea O' Neill, Attorney - In -Fact
Address: 5000 Hopyard Ave 325
Pleasanton, CA 94588
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 6
387
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 Alameda
On , c, y ,o1sz) 3 before me,
Ann Marie Lanza, Notary Public
insert name and title of the officer)
personally appeared C
who proved to me on the basis of satisfacto evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signat re ( Seal)
ANN MARIE LANZA
NoTINXIMARvpumucArg. 4cAuFm71741
ALAMEDA COUNTY,
i
MY OOlMR EXP.
L.R. 14, 2027
388
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 Alameda
on February 21, 2025 before me,
Ann Marie Lanza, Notary Public
insert name and title of the officer)
personally appeared Andrea O' Neill
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.
ANN MARIE LANZA A
WITNESS my hand official seal.
Sigrjatur Seal)
COMM # 2471741
NOTARY PUBLIC • CALIFORNIA
AI:MEDA COUNTY
MYCOMM-- EKP. NOVEMBER. 14, 2027 E
389
everest
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL. INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware Company) having their principal offices located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Robert W. Babcock, Robert Terrence Murphy, Tammy Bates, Andrea ONeill its true and lawful Attomey( s)- In- fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as Its act and deed, where required, any and all bonds and undertakings In the nature thereof, for the penal sum of no one of which Is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey( s) in- fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ( Board') on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings contracts or obligations In surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution ofany such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seat of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President we hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings In surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them Is hereby authorized to attest the execution ofany such power ofattorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named In the precedng resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation In surety or co -surety with others to which It is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company and Everest National Insurance Company have caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 10th day of October 2023.
Everest Reinsurance Company and Everest National Insurance Company By: Anthony Romano, Senior Vice President
On this 22" d of March 2023, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid Instnrnent is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01R00239736
Qualified In Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy ofthe Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power ofAttorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power ofAttorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 21st day of February 202 5 LP'
By: Sylvia Semerdjian, Assistant Secretary
ES00010416 390
SECTION 00300
LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL BID PROPOSAL FORMS CIP PS 25- 05
NONCOLLUSION AFFIDAVIT
STATE OF
ss.
COUNTY OF
Guy Smith , being first duly sworn, deposes and says that he or she is President of St. Francis Electric, LLC. 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 of the 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.
Signatufe of. President, Secretary,
Manager, Project Manager or Representative
The County of Alameda
State of California
Subscribed and sworn to (or affirmed) b ore me
on this 4
day of March 20 25 , by
proved to
me on the basis of sat' ' 'actory evidence to be the
person( s) who app:. -d before me.
Seal
c)e
S' : ature
00300- 7
391
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 Alameda
Subscribed and sworn to (or affirmed) before me on this 4th day of March , 20 25 , by Guy Smith
proved to me on the basis of satisfactory evidence to be the person( s) who appeared before me.
ANN MARIE LANZA
comm. C71741 ALAMEDA4CALIFORNIA 4
ek'..- v wcaww. exv. riov rt, al: tur
392
SECTION 00300
LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL BID PROPOSAL FORMS CIP PS 25- 05
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
Ifthe answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable 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)
00300- 8
393
City of
Public Works Department 390 Towne Centre Dr. — Lathrop, CA 95330 Phone ( 209) 941- 7430
www. ci. lathrop. ca. us
ADDENDUM NO. 1— February 24, 2025
Notice Inviting Bids
For
Lathrop High School Pedestrian Signal CIP PS 25- 05
Due to discrepancies in the Plans, this addendum supersedes the Proposer' sresponsibility to furnish all materials for the Project.
The City has procured the following materials for this project:
Traffic Signal Display — Includes vehicle and pedestrian signals, framework, pedestrian pushbuttons, and thru bolts.
Controller Cabinet — (1) Flex/ 352i controller cabinet with Video Detection System.
Video Cable —1, 000 feet.
EVP Package — Includes ( 3) 721 detectors and ( 2) 762 discriminators.
Pole Package — Includes ( 2) Galvanized Type 18- 4-00, 20; (4) 10' Galvanized Type 1- B; (1) 10' with cap Galvanized Type 1-B; (1) LED IISNS " Central Pacific St." Sign Package —Includes ( 2) R3- 18, (2) R10- 15, and ( 1) R10- 6.
The Proposer is responsible for furnishing the following materials:
Traffic Signal Wire
Type III -AF Service Enclosure ( Anodized Aluminum)
End of Addendum # 1
Proposer Acknowledgment of Addendum # 1:
St, Francis Electric, LLC. 03-4- 2025
Company Name Date
Guy Smith - President
Consultant Name & Title Consultant' sSignature
Signed Addendum must be submitted along with the proposal 394
ITEM 4. 16
CITY MANAGER' S REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: REJECT ALL BIDS FOR CONSTRUCTION OF LATHROP
ELECTRIC VEHICLE CHARGING STATIONS, CIP GG
24-8
RECOMMENDATION: Adopt Resolution to Reject All Bids for Construction of Lathrop Electric Vehicle Charging Stations, CIP GG
24-8
SUMMARY:
On February 12, 2024, City Council approved the creation of Capital Improvement Project ( CIP) GG 24-8 Lathrop Electric Vehicle Charging Stations ( Project) to install charging units at the Lathrop Community Center/ Lathrop Senior Center. The Project scope of work consists of furnishing and installing ( 10) electric vehicle ( EV) charging stations including construction of a steel carport with solar panels, battery storage system, lighting, and microsurfacing the parking lot with new signing and striping.
Improvement plans and specifications were completed and advertised for bid on January 28, 2025 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060. City Clerk received and opened four ( 4) bids on February 20, 2025. After review and evaluation, the lowest bidder submitted an incomplete bid package and staff determined their bid to be not responsive.
The second lowest bidder requested to withdraw their bid due to an error in their bid schedule and the other bids do not align with the project budget; therefore staff requests City Council reject all bids, pursuant
and Public Contract Code (
to Lathrop Municipal Code 2. 36. 060( E)
PCC) 20166 and 22038. Following bid rejection, staff will review the project scope and issue a revised request for bids.
BACKGROUND:
The City was awarded federal funding from the 2023 Combined Carbon Reduction Program/ Congestion Mitigation and Air Quality Improvement Program towards a new project to support the reduction of transportation emissions. On February 12, 2024, Council created CIP GG 24-8 to install EV charging stations at the existing parking lot of the Lathrop Community Center / Lathrop Senior Center. The Project includes the installation of ( 10) new EV charging units powered by solar energy. Canopies with solar panels, street lighting, pavement resurfacing, signing, striping and other parking lot improvements will be constructed to accommodate the new EV charging stations.
The bid solicitation package with plans and specifications for construction of the Project was advertised on January 28, 2025, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
395
CITY MANAGER' SREPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
REJECT ALL BIDS FOR CONSTRUCTION OF LATHROP ELECTRIC VEHICLE CHARGING STATIONS, CIP GG 24-8
City Clerk received and opened four ( 4) bids on February 20, 2025. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid R
Contractor Base Bid
Hooked on Solar, Inc. 529, 800
Preferred Power Solutions, Inc. 798, 940
Bockmon & Woody Electric, Company, Inc. 1, 201, 600
Lords Electric, Inc. 1, 500, 400
After review and evaluation, staff determined the lowest bidder submitted an incomplete bid package and deemed the bid not responsive. The second lowest bidder requested to withdraw their bid due to an error in their bid schedule and the other bids do not align with the project budget; therefore, staff requests City Council reject all bids, pursuant to Lathrop Municipal Code 2. 36. 060( E) and Public Contract Code PCC) 20166 and 22038.
Staff notified all bidders via a letter ( attachment B) that was emailed and mailed on February 27, 2025 of its intent to recommend City Council reject all bids for the Project. Following bid rejection, staff plans to review the project scope and issue a revised request for bids.
REASON FOR RECOMMENDATION:
Re -advertising the project would allow more potential bidders to submit a proposal and the City to compare unit prices and overall project cost.
FISCAL IMPACT:
There is no fiscal impact associated with the requested action.
ATTACHMENTS:
A. Resolution to Reject All Bids for Construction of Lathrop Electric Vehicle Charging Stations, CIP GG 24-8
B. Notice of Intent to Reject All Bids for Lathrop Electric Vehicle Charging Stations, CIP GG 24-8
396
CITY MANAGER' SREPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
REJECT ALL BIDS FOR CONSTRUCTION OF LATHROP ELECTRIC VEHICLE CHARGING STATIONS, CIP GG 24-8
APPROVALS:
03- 03 — 2o25
Angel Abarca Date
Assistant Engineer
Brad( fiylor
City Engineer
Cari Ja s
Finance ' rector
3// 1oi5
Date
J/ 1 -// 020A5
Date
3• •ZOZS
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Ste en J. Salvatore Date
City Manager
397
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
TO REJECT ALL BIDS FOR CONSTRUCTION OF LATHROP ELECTRIC VEHICLE CHARGING STATIONS, CIP GG 24-8
WHEREAS, on February 12, 2024, City Council approved the creation of Capital Improvement Project ( CIP) GG 24-8 Lathrop Electric Vehicle Charging Stations ( Project) to install charging units at the Lathrop Community Center / Lathrop Senior Center; and
WHEREAS, the Project scope of work consists of furnishing and installing ( 10) electric vehicle ( EV) charging stations including construction of a steel carport with solar panels, battery storage system, lighting, and microsurfacing the parking lot with new signing and striping; and
WHEREAS, improvement plans and specifications were completed and advertised for bid on January 28, 2025 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
2. 36. 060; and
WHEREAS, City Clerk received and opened four ( 4) bids on February 20, 2025; and
WHEREAS, after review and evaluation, the lowest bidder submitted an incomplete bid package and staff determined their bid to be not responsive; and WHEREAS, the second lowest bidder requested to withdraw their bid due to an error in their bid schedule and the other bids do not align with the project budget; therefore staff requests City Council reject all bids, pursuant to Lathrop Municipal Code 2. 36. 060( E) and Public Contract Code ( PCC) 20166 and 22038; and WHEREAS, staff notified all bidders via a letter ( attachment B) that was emailed and mailed on February 27, 2025 of its intent to recommend City Council reject all bids for the Project; and
WHEREAS, following bid rejection, staff will review the project scope and issue a revised request for bids.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby reject all bids for construction of Lathrop Electric Vehicle Charging Stations, CIP GG 24-8.
398
The foregoing resolution was passed and adopted this 10th day of March 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 399
City of
Public Works Department
To: All Interested Parties
From: Brad Taylor, City Engineer
Date: February 26, 2025
ATTACHMENT" V9 "
390 Towne Centre Dr. - Lathrop, CA 95330
Phone ( 209) 941- 7430 - fax (209) 941- 7449
www. ci. lathrop. ca. us
RE: Notice of Intent to Reject All Bids for the Lathrop Electric Vehicle Charging Station, CIP GG 24-8
On February 20, 2025, the City of Lathrop received and opened four ( 4) formal bids for construction of Capital Improvement Project ( CIP) GG 24-8 for Lathrop Electric Vehicle Charging Stations ( Project).
In accordance with California Public Contract Code §§ 20166 and 22038 and Lathrop Municipal Code 2. 36. 060E, City staff intends to recommend City Council reject all bids for the Project at the next regularly - scheduled City Council meeting scheduled to begin at 7: 00 PM on March 10, 2025.
Should you have any questions or concerns, please contact me by phone ( 209) 941- 7438 or by email: btaylorAci. lathrop. ca. us.
Thank you,
Brad Taylor, P. E./ T..
City Engineer
cc:
Salvador Navarrete, City Attorney
Teresa Vargas, City Clerk
400
ITEM 4. 17
CITY MANAGER' SREPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PW 25- 19 WATER CONSERVATION
REGULATORY COMPLIANCE PROGRAM, APPROVE
PROFESSIONAL SERVICES AGREEMENT WITH EKI
WATER AND ENVIRONMENT, INC., AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Create Regulatory Compliance Program PW 25- 19 Water Conservation, Approve a
Professional Services Agreement with EKI Water and
Environment, Inc., and Approve a Budget
Amendment
SUMMARY:
City staff requests that City Council create a new Regulatory Compliance Program RCP) PW 25- 19 Water Conservation and approve a Professional Services Agreement PSA) with EKI Water and Environment, Inc., (EKI). This agreement is to conduct a needs assessment on the impacts of the " Making Conservation a California Way of Life" (MCCWL) water conservation regulation and outline the necessary steps to ensure compliance.
Staff is seeking an initial budget allocation by transferring $ 30, 000from Water Fund 5620 to the new RCP PW 25- 19 through the approval of a budget amendment. This funding will enable us to effectively assess the requirements and develop a comprehensive plan for compliance.
Furthermore, staff requests City Council approve a Professional Services Agreement with EKI in the amount of $ 29, 400. This agreement is for conducting a needs assessment and creating a roadmap for ensuring compliance with the MCCWL regulation.
BACKGROUND:
On July 3, 2024, The State Water Resources Control Board ( State Water Board) officially approved the proposed MCCWL regulation, which serves to enforce Senate Bill ( SB) 606 and Assembly Bill ( AB) 1668. The regulation mandates that each urban water supplier must determine and adhere to an annual Urban Water Use Objective UWUO" or " Objective") and implement Commercial, Institutional, and Industrial CII) Performance Measures. These requirements must be reported on an annual basis, commencing January 1, 2024.
In order to assist staff in addressing these needs, EKI has prepared a proposal to provide the City with a structured plan to meet the regulatory requirements efficiently and effectively. The proposal involves organizing current data, identifying gaps, 401
CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025, CITY COUNCIL REGULAR MEETING
CREATE RCP PW 25- 19 WATER CONSERVATION, APPROVE PROFESSIONAL SERVICES AGREEMENT WITH EKI WATER AND ENVIRONMENT, INC., AND
APPROVE BUDGET AMENDMENT
creating strategies to meet the program objectives, and incorporating performance measures for CII sectors into the City' s water conservation program.
REASON FOR RECOMMENDATION:
Staff requests that the City Council establish RCP PW 25- 19 Water Conservation with an initial budget of $ 30, 000 through transfer of funds from Fund 5620 to the new RCP PW 25- 19. Additionally, staff requests approval of a Professional Services Agreement ( PSA) with EKI in the amount of $ 29, 400. This agreement will enable EKI to conduct a comprehensive needs assessment and develop a strategic roadmap to ensure compliance with the MCCWL water conservation regulatory requirements.
FISCAL IMPACT:
The cost of the agreement with EKI is $ 29, 400. Staff requests that City Council approve a budget amendment to increase the appropriation for Water Fund 5620 by 30, 000 as follows:
Increase Appropriation
5620--0- 420- 010
ATTACHMENTS:
PW 25- 19 $ 30, 000
A. Resolution to Create Regulatory Compliance Program PW 25- 19 Water Conservation, Approve a Professional Services Agreement with EKI Water and Environment, Inc., and Approve a Budget Amendment
B. Professional Services Agreement with EKI Water and Environment, Inc., for the
MCCWL
Assessing
Regulation,
Impacts
RCP
and
PW
Developing
25- 19
a Compliance Roadmap for California' s
402
CITY MANAGER' SREPORT PAGE 3
MARCH 10, 2025, CITY COUNCIL REGULAR MEETING
CREATE CIP PW 25- 19 WATER CONSERVATION, APPROVE PROFESSIONAL SERVICES AGREEMENT WITH EKI WATER AND ENVIRONMENT, INC., AND
APPROVE BUDGET AMENDMENT
APPROVALS
Greg Gibson Date
Senior Civil Engineer
Brad Taylor
City Engineer
Cari Ja - s
Finance irector
Date
027/ 211/ 74, 2s—
Z-• 27• 2, 025 -
Date
Michael King Date
Assistant City Manager
Z • ZT• ZoZS'
2 Zy- z s
Salvador Navarrete Date
City Attorney
Z- 28 •'
Stephen J. Salvatore Date
City Manager
403
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE REGULATORY COMPLIANCE PROGRAM PW 25- 19 WATER CONSERVATION,
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH EKI WATER AND ENVIRONMENT, INC., AND APPROVE A BUDGET AMENDMENT
WHEREAS, staff requests that City Council create a new Regulatory Compliance Program ( RCP) PW 25- 19 Water Conservation and approve a Professional Services Agreement ( PSA) with EKI Water and Environment, Inc., ( EKI). This agreement is to conduct a needs assessment on the impacts of the " Making Conservation a California Way of Life" (MCCWL) water conservation regulation and outline the necessary steps to ensure compliance; and
WHEREAS, on July 3, 2024, The State Water Resources Control Board ( State Water Board) officially approved the proposed MCCWL regulation, which serves to enforce Senate BiII ( SB) 606 and Assembly Bill ( AB) 1668; and WHEREAS, the regulation mandates that each urban water supplier must determine and adhere to an annual Urban Water Use Objective (" UWUO" or Objective") and implement Commercial, Institutional, and Industrial ( CII) Performance Measures. These requirements must be reported on an annual basis, commencing January 1, 2024; and
WHEREAS, in order to assist staff in addressing these needs, EKI has prepared a proposal to provide the City with a structured plan to meet the regulatory requirements efficiently and effectively; and
WHEREAS, the proposal involves organizing current data, identifying gaps, creating strategies to meet the program objectives, and incorporating performance measures for CII sectors into the City' s
water conservation program; and
WHEREAS, the agreement with EKI comes at a cost of $ 29, 400. In order to proceed with this agreement, staff is seeking approval from the City Council to make a budget amendment. Staff requests that City Council approve a budget amendment to increase the appropriation for Water Fund 5620 by $ 30, 000 as follows:
Increase Appropriation
5620-0- 420- 010 PW 25- 19 $ 30, 000
404
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby create Regulatory Compliance Program ( RCP) PW 25- 19 Water Conservation; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Lathrop does hereby approve a Professional Services Agreement with EKI Water and Environment, Inc., in the amount of $ 29, 400 for engineering consulting services for the Water Conservation, RCP PW 25- 19; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Lathrop does hereby approve a budget amendment as detailed above. 405
The foregoing resolution was passed and adopted this 10th day of March, 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST:
Salvador Navarrete, City Attorney Teresa Vargas, City Clerk APPROVED AS TO FORM:
406
ATTACHMENT
n ( 3
n
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH EKI ENVIRONMENT & WATER.
TO ASSESS IMPACT AND DEVELOP A COMPLIANCE ROADMAP FOR
CALIFORNIA' SMCCWL REGULATION
THIS AGREEMENT, dated for convenience this 10th day of March, 2025, is by and between EKI Environment & Water. ("CONSULTANT") and the City of Lathrop, a California municipal corporation ("CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to Assess Impact and Develop a Compliance Roadmap for California' sMCCWL Regulation, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Assessment of Impact and Develop a Compliance Roadmap for California' sMCCWL Regulation, as hereinafter defined, on the following terms and conditions;
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to Assess Impact and Develop a Compliance Roadmap for California' s MCCWL Regulation in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $29, 400 to Assess Impact and Develop a Compliance Roadmap for California' s MCCWL Regulation set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit "A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
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3) Effective Date and Term
The effective date of this Agreement is March 10, 2025, and it shall terminate no later than June 30, 2026.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit "A" to City' ssatisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billings
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' Sbills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Assignment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' scapabilities and on the qualifications of CONSULTANT' sprincipals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' sAuthorized Representative: Jonathan Sutter, P. E. CITY shall be notified by CONSULTANT of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' ssole discretion,
project staff
and
prior
shall
to any
be
change.
notified by CONSULTANT of any changes of CONSULTANT' s
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CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 8) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' Sauthorized representative.
CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative. 9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($ 1, 000,0) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
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Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s
general supervision of CONSULTANT;
products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
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ii) Notice of cancellation, material change, or non - renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially
available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.
The CITY shall have the right to exercise at the
CONSULTANT' Scost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew
the coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of any
work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' sauthorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
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f)In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' S Responsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
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11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
14) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
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To City:
Copy to:
To Consultant:
16) Miscellaneous
City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
EKI Environment & Water, Inc..
Jonathan Sutter, P. E.
2001 Junipero Serra Blvd, Suite 300
Daly City, CA 94014
Federal ID # 94- 3087395
Lathrop Business License # 20137
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. d) Definitions. The definitions and terms are as defined in these specifications. e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
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h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
i)
i)
Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY. Upon CITY' srequest, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' sregular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
I) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p) 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.
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q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 18) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this 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.