July 14, 2025 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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July 14, 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 July 14, 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/1608030607?pwd=OEWFfIEqgiTZbJV BuaTlN5768katWf.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: 160 803 0607 / Passcode: 198451
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]. 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 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. 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 July 14, 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 July 14, 2025 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, JULY 14, 2025, 7:00 P.M.
CLOSED SESSION, 5:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 5:00 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 LIABILITY CLAIM: Pursuant to CA Government Code Section 54956.95:
• Claimant: Ronak Radadiya
Agency Claimed Against: City of Lathrop
1.2.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957
• Police Chief
• City Attorney
• City Manager
RECONVENE
1.2.3 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM(S) - None
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
4 July 14, 2025 Lathrop City Council Regular Meeting Agenda Page 4
2. PRESENTATIONS
2.1 INTRODUCTION OF NEW EMPLOYEE(S)
Finance Department
• Evette Deras, Accountant
Public Works Department
• Alexis Baker, Permit Technician
• Felix Reyes, Maintenance Worker
• Jonathan Dec, Maintenance Worker
City Manager’s Office
• Barbara Harb, Economic Development Administrator
2.2 RECOGNITION OF ECONOMIC DEVELOPMENT ADMINISTRATOR
SHELLEY BURCHAM FOR 6 YEARS OF SERVICE WITH THE CITY OF
LATHROP
2.3 QUARTERLY ECONOMIC DEVELOPMENT PRESENTATION
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. 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
5 July 14, 2025 Lathrop City Council Regular Meeting Agenda Page 5
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular City Council Meeting of May 12, 2025
4.3 SECOND READING AND ADOPTION OF ORDINANCE 25-468 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
Waive Full Reading and Adopt Ordinance 25-468 to Amend Title 10, Chapter 10.24, Section 10.24.030 Designated No Parking Areas of the Lathrop Municipal Code
4.4 TREASURER REPORT FOR MARCH 2025
Approve Quarterly Treasurer’s Report for March 2025
4.5 OUT OF STATE TRAVEL APPROVAL FOR CITY STAFF TO PARTICIPATE IN THE IAMC FALL FORUM IN OCTOBER 2025
Adopt Resolution to Authorize Out of State Travel for the Economic Development Administrator to Attend and Represent the City of Lathrop at the Industrial Asset Management Council’s Fall Forum in Indianapolis, Indiana from October 17, 2025 – October 22, 2025
4.6 CERTIFY AND APPROVE THE 2025 UPDATE TO THE CITY OF LATHROP
SEWER SYSTEM MANAGEMENT PLAN
Adopt Resolution to Certify and Approve the 2025 Update to the City of Lathrop Sewer System Management Plan
4.7 APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSONBRYAN, INC., FOR THE LATHROP CONSOLIDATED TREATMENT FACILITY
DISCHARGE PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES Adopt Resolution to Approve a Professional Services Agreement with Robertson-Bryan, Inc., for the Lathrop Consolidated Treatment Facility Discharge Permit Renewal and Compliance Support Services
4.8 APPROVE CONSTRUCTION CONTRACT WITH CONSOLIDATED
ENGINEERING, INC., FOR THE CONSTRUCTION OF MANTHEY ROAD PAVEMENT REHABILITATION, CIP PS 24-06
Adopt Resolution to Approve a Construction Contract with Consolidated Engineering, Inc., for the Construction of Manthey Road Pavement Rehabilitation, CIP PS 24-06
4.9 APPROVE CONSTRUCTION CONTRACT WITH GSE CONSTRUCTION COMPANY, INC., FOR CTF PHASE 4 EXPANSION, CIP WW 25-26 AND
APPROVE BUDGET AMENDMENT
Adopt Resolution to Find that an Emergency Exists, Approve Construction Contract with GSE Construction Company, Inc., for CTF Phase 4 Expansion, CIP WW 25-26 and Approve Budget Amendment
4.10 ACCEPT PUBLIC IMPROVEMENTS IN TRACT 3225 WITH CONDITIONS FROM K. HOVNANIAN HOMES NORTHERN CALIFORNIA, INC.
6 July 14, 2025 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution to Accept Public Improvements in Tract 3225 with Conditions from K. Hovnanian Homes Northern California, Inc.
4.11 RATIFY CITY MANAGER’S EXECUTION OF CHANGE ORDER NO. 3 AND
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED,
INC., FOR ROTH ROAD PAVEMENT REHABILITATION, CIP PS 25-04 Adopt Resolution to Ratify City Manager’s Execution of Change Order No. 3, Accept Public Improvements Constructed by George Reed, Inc., for Roth Road Pavement Rehabilitation CIP PS 25-04, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
RIVER ISLANDS DEVELOPMENT CONSENT ITEMS
4.12 APPROVE PARCEL MAP 25-01 FOR 2 LOTS IN TRACT 4205 WITHIN
WOODLANDS EAST DISTRICT OF RIVER ISLANDS
Adopt Resolution to Approve Parcel Map 25-01 for 2 Lots in Tract 4205 within the Woodlands East District of River Islands
4.13 APPROVE QUITCLAIM DEED TO ABANDON PUE, PAE, AND EVAE AND ACCEPT EASEMENT DEEDS FOR NEW PUE AND PAE WITHIN TRACT 4131
OF RIVER ISLANDS
Adopt Resolution to Approve a Quitclaim Deed to Abandon Public Utility Easements, Public Access Easement, and Emergency Vehicle Access Easement and Accept Easement Deeds for New Public Utility Easements and Public Access Easement within Tract 4131 of River Islands
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE TO AMEND THE SPEED LIMITS IN THE CITY OF LATHROP, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10.08 SPEED LIMITS, SECTION
10.08.030 SPEED LIMITS 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
10.08, Section 10.08.030 “Speed Limits” of the Lathrop
Municipal Code
6. COUNCIL COMMUNICATIONS
6.1 MAYOR AKINJO REFERRAL - Appointment of One (1) Member to the Measure C Oversight Committee, with Term Ending, June 30, 2028 • One (1) application received
6.2 MAYOR AKINJO REFERRAL - Appointment of Two (2) Members to the Parks and Recreation Commission, with Term Ending, June 30, 2028 • Two (2) applications received
7 July 14, 2025 Lathrop City Council Regular Meeting Agenda Page 7
6.3 MAYOR AKINJO REFERRAL - Appointment of Three (3) Members to the Senior Advisory Commission, with Terms Ending, June 30, 2028 • Three (3) applications received
6.4 MAYOR AKINJO REFERRAL - Appointment of One (1) Member to the Planning Commission Due to an Unscheduled Vacancy, with Term Ending, June 30, 2026, plus Full 4 Year Term Ending June 30, 2030 • Three (3) applications received
6.5 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • SJ Co. Council of Governments (Akinjo/Diallo)
• SJ Co. Council of Governments Executive Committee (Akinjo) • Integrated Waste Management Task Force (Dresser/Torres-O’Callaghan) • 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) • SJ Co. Water Advisory Board (Torres-O’Callaghan/Lazard) • Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Dresser/Lazard/Torres-O’Callaghan) • Ava Community Energy (Diallo/Dresser)
• Local Agency Formation Commission (LAFCo) (Diallo)
6.6 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, MAY 12, 2025, 7: 00 P. M.
CLOSED SESSION, 6: 30 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: 31 p. m. The Regular Meeting reconvened at 7: 08 a. m.
1. PRELIMINARY
1. CALL TO ORDER - Mayor Akinjo called the meeting to order at 6: 31 p. m. and adjourned Closed Session.
1. 2 CLOSED SESSION
1.2. LIABILITY CLAIMS: Pursuant to Government Code Section 54956. 95:
a. Claimant: Dora Miranda
Agency Claimed Against: City of Lathrop
b. Claimant: Jacob Romero
Agency Claimed Against: City of Lathrop
1.2. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION:
Pursuant to Government Code Section: 54956. 9(d)(1)
City of Lathrop vs. 3M Company, et al., U. S. District Court S.
Carolina, Charleston Div., MDL No. 2: 18- mn- 2873- RMG RECONVENE — Mayor Akinjo reconvened the meeting at 7: 08 p. m.
1.2.3 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that direction was provided pursuant to matters under Item 1.2; no other reportable action taken.
1. 3 ROLL CALL Present: Mayor Akinjo; Vice Mayor Torres -O' Callaghan,; and Councilmembers: Diallo, Dresser and Lazard.
Absent: None.
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 1 9 1. 4 INVOCATION - Pastor Roger Slates, Grace Community Church, provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE - Pastor Slates led the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
Members of the City Council and City Manager expressed appreciation to the Joyce Gatto Art Show Committee Members for a successful and well attended Art Show event held May 9, 2025.
1. 7 INFORMATIONAL ITEM( S) - None
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST
Councilmember Dresser declared a conflict of interest with Item 5.3, due to his residence within the Woodfield Park District Area. Mayor Akinjo declared a conflict of interest with Item 5.2, due to his residence within the Stonebridge District Area.
2. PRESENTATIONS - None
3. CITIZEN' SFORUM
Lathrop High School Teacher Ashley Wright ( in person speaker) expressed appreciation to City staff and Vice Mayor Torres - O' Callaghan for their participation in the City Staff Speaker Series at Lathrop High School, in which members of various departments present to students and educate them on various roles in local government. Fausto Armenta ( in person speaker) expressed various concerns regarding the healthcare treatment provided to his grandmother during her stay at Doctor' s Hospital of Manteca.
4. CONSENT CALENDAR
On a motion by Councilmember Lazard, seconded by Councilmember Dresser, the City Council approved the Consent Calendar, by the following roll call vote, unless otherwise indicated:
Ayes: Diallo, Dresser, Lazard, Torres -O' Callaghan and Akinjo.
Noes: None
Absent: None
Abstain: None
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.
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 2 10 4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular City Council Meeting of April 14, 2025.
4. 3 TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 24-5 Adopted Resolution 25- 5783 authorizing the filing of a Transportation Development Act ( TDA) Claim for Local Transportation Funds ( LTF) for Fiscal Year 2024-5.
4. APPROVE OUT OF STATE TRAVEL FOR THE 2025 NATIONAL LEAGUE OF
CITIES NATIONAL BLACK CAUCUS OF LOCAL ELECTED OFFICIALS ( NBC -
LEO) SUMMER CONFERENCE
Adopted Resolution 25- 5784 authorizing out of state travel for the 2025 National League of Cities National Black Caucus of Local Elected Officials Summer Conference, in Houston, Texas, July 30 - August 2, 2025, and approving related budget amendment.
4. 5 APPROVE FISCAL YEAR 2025-6 PROJECT LIST ASSOCIATED WITH SENATE BILL 1
Adopted Resolution 25- 5785 approving a list of projects for Fiscal Year 2025-6 funded by Senate BiII 1, the Road Repair and Accountability Act of 2017.
4. 6 APPROVE 2025 FACILITY FEE WAIVER REQUEST FOR GRACE
COMMUNITY CHURCH TO HOST A BASKETBALL TOURNAMENT
FUNDRAISER AT THE SCOTT BROOKS GYMNASIUM ON JUNE 8, 2025 Adopted Resolution 25- 5786 approving a Facility Fee Waiver request from Grace Community Church for the use of the Scott Brooks Gymnasium on June 8, 2025, to host a basketball tournament fundraiser.
4. 7 APPROVE PURCHASE OF ONE ( 1) TRUCK FROM MANTECA FORD FOR
THE PUBLIC WORKS DEPARTMENT
Adopted Resolution 25- 5787 approving the purchase of one ( 1) truck from Manteca Ford for the Public Works Department.
4. 8 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC., FOR WATER QUALITY LABORATORY
SERVICES FOR THE CITY' S REGULATORY COMPLIANCE PROGRAMS FOR
DRINKING WATER, STORMWATER, AND WASTEWATER
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 3 11 Adopted Resolution 25- 5788 approving a Professional Services Agreement with Fruit Growers Laboratory, Inc., for water quality laboratory services for the City of Lathrop' s Regulatory Compliance Programs for drinking water, stormwater, and wastewater.
4. 9 APPROVE EMERGENCY SERVICE CONTRACT WITH NEXTGEN ALPHA
UPFITTING FOR POLICE VEHICLE UPFITTING
Adopted Resolution 25- 5789 approving an Emergency Service Contract with NextGen Alpha Upfitting for the purchase and installation of police vehicle equipment for sixteen ( 16) vehicles for the Police Department.
4. 10 APPROVE SERVICE CONTRACT WITH VALLEY PACIFIC PETROLEUM SERVICES, INC., FOR BULK FUEL SUPPLY AND DELIVERY SERVICES Adopted Resolution 25- 5790 approving a Service Contract with Valley Pacific Petroleum Services, Inc., for bulk fuel supply and delivery for the City of Lathrop fuel station, pumps, and generators.
4. 11 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARKER
RINKER SEACAT ARCHITECTURE ( BRS) FOR THE CONCEPTUAL DESIGN
OF THE LATHROP MULTI -PURPOSE COMMUNITY CENTER COMPLEX, CIP PK 22- 05
Adopted Resolution 25- 5791 approving a Professional Services Agreement with Barker Rinker Seacat Architecture for the conceptual design of the- Lathrop Multi -Purpose Community Center Complex, CIP PK 22- 05.
4. 12 AUTHORIZE ADJUSTMENT TO THE REPUBLIC SERVICES SOLID WASTE COLLECTION RATES FOR FISCAL YEAR 2025-6
Pulled by Vice Mayor Torres - O' Callaghan. A question and answer ensued. Vice Mayor Torres -O' Callaghan expressed concern with the stringent requirements of the curbside trash pickup program and lack of outreach on the low income discount program. Parks and Recreation Director Todd Sebastian responded to questions.
Adopted Resolution 25- 5792 authorizing an increase to Republic Services collection rates based on the twelve- month average change in the Consumer Price Index for All Urban Consumers ( Water, Sewer, And Trash Collection Service Index) for Fiscal Year 2025-6.
4. 13 ACCEPT' ' PUBLIC IMPROVEMENTS CONSTRUCTED BY BAGLEY ENTERPRISES, INC., FOR THE CORPORATION YARD FUELING FACILITY, CIP GG 21- 13
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 4 12 Adoped. Resolution 25- 5793 accepting public improvements constructed by Bagley Enterprises, Inc., for the Corporation Yard Fueling Facility, CIP GG 21- 13, authorizing the filing of a Notice of Completion, releasing contract retention, and releasing Performance and Payment Bonds.
4. 14 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY D. L. FALK CONSTRUCTION, INC., FOR THE POLICE PROPERTY AND EVIDENCE BUILDING, .CIP GG 21- 13 ` I`
Adopted Resolution 25- 5794 accepting public improvements constructed by D. L. Falk Construction, Inc., for the Police Property and Evidence ' Building, CIP GG 21- 13, authorizing the filing of a Notice of Completion, releasing contract retention, and releasing Performance and Payment Bonds.
4. 15 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY AUTOMATIC DOOR SYSTEMS, INC., FOR THE LATHROP POLICE DEPARTMENT ADA
IMPROVEMENTS, CIP GG 23- 14
Adopted Resolution 25- 5795 accepting public improvements constructed by Automatic Door Systems ( ADS) Inc., for the Police Department ADA Improvements, CIP GG 23- 14, authorizing the filing of a Notice of Completion, releasing contract retention, and releasing Performance and Payment Bonds.
4. 16 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY ALL STEEL FENCE, INC., FOR CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24-5 AND THOMSEN PARK IMPROVEMENTS, CIP PK 22- 09
Adopted Resolution 25- 5796 accepting public improvements constructed by All Steel Fence, Inc., for City Facilities Fencing Improvements Project, CIP GG 24-5, and Thomsen Park Improvements Project, CIP PK 22- 09, and authorizing the filing of a Notice of Completion, releasing contract retention, and releasing Performance and Payment Bonds.
4. 17 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY JOHN D. WAIT MASONRY, INC., FOR THE MOSSDALE LANDING MONUMENT SIGN, CIP GG 25- 06
Adopted Resolution 25- 5797 accepting public improvements constructed by John D. Wait Masonry Inc., for the Mossdale Landing Monument Sign Project, CIP GG 25- 06, authorizing the filing of a Notice of Completion, releasing contract retention, and releasing Performance and Payment Bonds.
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 5 13 4. 18 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY STOCKBRIDGE GENERAL CONTRACTING, INC., FOR SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE BUDGET AMENDMENT
Adopted Resolution 25- 5798 accepting public improvements constructed by Stockbridge General Contracting, Inc., for the Shilling Avenue Basin Park Project, CIP PK 22- 34, approving budget amendment, authorizing the filing of a Notice of Completion, releasing contract retention, and releasing Performance and Payment Bonds.
4. 19 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CONSOLIDATED ENGINEERING, INC., FOR CONSTRUCTION OF MCKINLEY AVENUE
PAVEMENT REHABILITATION, CIP PS 23- 18
Adopted Resolution 25- 5799 accepting public improvements constructed by Consolidated Engineering, Inc., for construction of the McKinley Avenue Pavement Rehabilitation Project, CIP PS 23- 18, authorizing the filing of a Notice of Completion, releasing contract retention, and releasing Performance and Payment Bonds.
4. 20 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DSS COMPANY DBA
KNIFE RIVER CONSTRUCTION FOR JONQUIL DRIVE AND POPPY COURT PAVEMENT REHABILITATION, CIP PS 25- 07
Adopted Resolution 25- 5800 accepting public improvements constructed by DSS Company dba Knife River Construction for the Jonquil Drive and Poppy Court Pavement Rehabilitation Project, CIP PS 25- 07, authorizing the filing of a Notice of Completion, releasing of contract retention, and releasing Performance and Payment Bonds.
4. 21 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY BEAR ELECTRICAL SOLUTIONS, LLC., FOR STREET LIGHTS ON MCKINLEY AVENUE, CIP PS 25- 15
Adopted Resolution 25- 5801 accepting public improvements constructed by Bear Electrical Solutions, LLC., for the Streetlights on McKinley Avenue Project, CIP PS 25- 15, and authorizing the filing of a Notice of Completion, releasing of contract retention, and releasing Performance and Payment Bonds.
4. 22 CREATE MOSSDALE COMMUNITY SIDEWALK REPAIRS, CIP PS 25-5
AND APPROVE BUDGET AMENDMENT
Adopted Resolution 25- 5802 approving the creation of the Mossdale Community Sidewalk Repairs Project, CIP PS 25-5, and approving the related budget amendment.
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 6 14 4. 23 CREATE CONSOLIDATED TREATMENT FACILITY PHASE 4 EXPANSION, CIP WW 25-6, APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC., FOR DESIGN SERVICES
AND APPROVE BUDGET AMENDMENT
Adopted Resolution 25- 5803 Creating Consolidated Treatment Facility Phase 4 Expansion, CIP WW 25-6, approving a professional services agreement with Pacific Advanced Civil Engineering, Inc., for design services, and approving budget amendment.
5. SCHEDULED ITEMS
5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2025-6 ASSESSMENTS FOR LATHROP INDUSTRIAL LIGHTING
MAINTENANCE DISTRICT; RESIDENTIAL LIGHTING MAINTENANCE
DISTRICT; MOSSDALE LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT; STORM DRAIN ZONE 1 AND 1A
Deputy City Manager Thomas Hedegard provided the presentation. A question and answer period followed. City Manager Stephen Salvatore.
Finance Director Cari James and Mr. Hedegard provided additional information. Mayor Akinjo opened the public hearing. There were no speakers. Mayor Akinjo closed the public hearing.
On a motion by Councilmember Diallo, seconded by Councilmember Lazard, the City Council considered and approved the following:
1. Held a Public Hearing; and
2. Adopted Resolution 25- 5804 approving the Final
Engineer' s Report and ordering the levy and collection of assessments for the City of Lathrop Industrial Lighting Maintenance District for FY 2025-6; Maximum
Assessment for Fiscal Year 2025-6 not to exceed Zone A
9. 03; Zone B $ 46. 01; Zone C $ 9. 03; and Proposed Annual Assessment for Fiscal Year 2025-6 Zone A $ 9. 03; Zone B
46. 01; Zone C $ 9. 03; and
3. Adopted Resolution 25- 5805 approving the Final
Engineer' sReport and ordering the levy and collection of assessments for the City of Lathrop Residential Lighting Maintenance District for FY 2025-6; Maximum
Assessment for Fiscal Year 2025-6 not to exceed Zone A
52. 93; Zone B $ 56. 72; Zone C $ 37. 29; Zone D $ 69. 37; Zone E $ 72. 93; Zone F $ 41. 94; Zone G $ 9. 59, and
Proposed Annual Assessment for Fiscal Year 2025-6 Zone
A $ 52. 93; Zone B $ 56. 72; Zone C $ 37. 29; Zone D $ 69. 37; Zone E $ 72. 93; Zone F $ 41. 94; Zone G $ 9. 59; and
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 7 15 4. Adopted Resolution 25- 5806 approving the Final
Engineer' sReport and ordering the levy and collection of assessments for the Mossdale Landscape and Lighting
Maintenance District for FY 2025-6; Maximum
Assessment for Fiscal Year 2025-6 not to exceed
329. 68; and Proposed Annual Assessment for Fiscal Year 2025-6 $329. 68; and
5. Adopted Resolution 25- 5807 approving the Final
Engineer' s Report and ordering the levy and collection of assessments for the Storm Drain Zone 1 and Zone 1A for
Fiscal Year 2025-6; Proposed Annual Assessment for
Fiscal Year 2025-6 for Storm Drain Zone 1 not to exceed 112. 52 and Proposed Annual Assessment for Fiscal Year
2025-6for Storm Drain Zone 1A not to exceed $ 199. 92.
Ayes: Diallo, Dresser, Lazard and Akinjo
Noes: Torres -O' Callaghan
Absent: None
Abstain: None
Mayor Akinjo stepped down from the dais at 8: 05 p. m., prior to the discussion and vote of Item 5.2, due to declared conflict of interest under Item 1. 8.
5. 2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2025-6 ASSESSMENTS FOR THE STONEBRIDGE LANDSCAPING
DISTRICT; AND THE STONEBRIDGE DRAINAGE & LIGHTING
MAINTENANCE DISTRICT
Deputy City Manager Thomas Hedegard provided the presentation. A question and answer period followed. Mr. Hedegard and City Manager Stephen Salvatore provided additional information. Vice Mayor Torres - O' Callaghan opened the public hearing. There were no speakers. Mayor Akinjo closed the public hearing.
On a motion by Councilmember Diallo, seconded by Councilmember Lazard, the City Council considered and approved the following:
1. Held a Public Hearing; and
2. Adopted Resolution 25- 5808 approving the Final
Engineer' s Report and ordering the levy and collection of assessments for the Stonebridge Landscaping District for FY 2025-6; Maximum Assessment for Fiscal Year 2025-6
not to exceed $ 560. 01 and Proposed Annual Assessment
for Fiscal Year 2025-6 is $ 533. 35; and
3. Adopted Resolution 25- 5809 approving the Final
Engineer' sReport and ordering the levy and collection of assessments for the Stonebridge Drainage & Lighting
District for FY 2025-6; Maximum Assessment for Fiscal
Year 2025-6 not to exceed $ 560. 01 and Proposed Annual Assessment for Fiscal Year 2025-6is $ 347. 55.
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 8 16 Ayes: Diallo, Dresser, and Lazard
Noes: Torres -O' Callaghan
Absent: None
Abstain: Akinjo
Mayor Akinjo returned to the dais at 8: 11 p. m. Councilmember Dresser stepped down from the dais at 8: 11 p. m., prior to the discussion and vote of Item 5.3, due to declared conflict of interest under Item 1.8.
5. 3 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2025-6 ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 93- 1 WOODFIELD PARK MAINTENANCE ZONE
Deputy City Manager Thomas Hedegard provided the presentation.
Following the presentation, Mayor Akinjo opened the public hearing.
There were no speakers. Mayor Akinjo closed the public hearing.
On a motion by Councilmember Diallo, seconded by Councilmember Lazard, the City Council considered and approved the following:
1. Held a Public Hearing; and
2. Adopted Resolution 25- 5810 approving the Final
Engineer' s Report and ordering the levy and collection of assessments for the Landscape and Lighting Maintenance
District No. 93- 1 Woodfield Park Maintenance Zone for FY 2025-6; Proposed Annual Assessment for Fiscal Year
2025-6 not to exceed $ 123. 90.
Ayes: Diallo, Lazard, Torres -O' Callaghan and Akinjo
Noes: None
Absent: None
Abstain: Dresser
Councilmember Dresser returned to the dais at 8: 14 p. m.
5. 4 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER A RESOLUTION
TO ADOPT THE CITY OF LATHROP BIENNIAL CAPITAL IMPROVEMENT PLAN BUDGET FOR FISCAL YEARS 2025-6 AND 2026-7
City Engineer Brad Taylor provided an overview of the Fiscal Years 2025- 26 and 2026-7 Capital Improvement Plan Budgets. A question and answer period ensued throughout the presentation. A discussion ensued related to the funding of facility projects. City Manager Stephen Salvatore and Assistant City Manager Michael King provided additional information.
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 9 17 Mayor Akinjo opened the public hearing. Adriana Lopez ( zoom speaker) expressed requested traffic calming / traffic safety information related to CIP PS 06- 16, the Lathrop Road and I-5 Improvements Protect. City Engineer Brad Taylor provided the information. There were no other speakers. Mayor Akinjo closed the public hearing.
On a motion by Councilmember Diallo, seconded by Vice Mayor Torres - O' Callaghan, considered and approved the following:
1. Held a Public Hearing; and
2. Adopted Resolution 25- 5811 approving the City of
Lathrop Biennial Capital Improvement Plan Budget as
presented for Fiscal Years 2025-6 and 2026-7.
Ayes: Diallo, Dresser, Lazard, Torres -O' Callaghan and Akinjo Noes: None
Absent: None
Abstain: None
5. PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE TO ADD CHAPTER 9. 06 ENTITLED " CAMPING OR SLEEPING IN MOTOR VEHICLES OVERNIGHT PROHIBITED" TO TITLE 9, "PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE
Police Captain Tracie Shea provided the presentation. A question and answer period followed the presentation. Mayor Akinjo opened the public hearing. There were no speakers. Mayor Akinjo closed the public hearing.
On a motion by Councilmember Diallo, seconded by Councilmember Lazard, considered and approved the following:
1. Held a Public Hearing; and
2. Held first reading and introduced an Ordinance adding Chapter 9. 06 entitled " Camping or Sleeping in Motor
Vehicles Overnight Prohibited" to Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code.
Ayes: Diallo, Dresser, Lazard, Torres -O' Callaghan and Akinjo Noes: None
Absent: None
Abstain: None
5. 6 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE TO ADD CHAPTER 9. 05 ENTITLED " PUBLIC URINATION OR DEFECATION PROHIBITED" TO TITLE 9, "PUBLIC PEACE AND WELFARE" OF THE
LATHROP MUNICIPAL CODE
Police Captain Tracie Shea provided the presentation. A question and answer period followed the presentation.
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 10 18 Police Chief Stephen Sealy and Fire Chief Dave Bramell provided additional information. Mayor Akinjo opened the public hearing. There were no speakers. Mayor Akinjo closed the public hearing.
On a motion by Councilmember Diallo, seconded by Vice Mayor Torres - O' Callaghan, considered and approved the following:
1. Held a Public Hearing; and
2. Held first reading and introduced an Ordinance adding Chapter 9. 05 entitled " Public Urination and Defecation Prohibited" to Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code.
Ayes: Diallo, Dresser, Lazard, Torres - O' Callaghan and Akinjo Noes: None
Absent: None
Abstain: None
5. 7 PROVIDE INFORMATION ON THE NEW LATHROP POLICE DEPARTMENT
EXPLORER PROGRAM
Police Captain Richard Barriers provided the presentation. A question and answer period ensued throughout the presentation. Deputy City Manager Thomas Hedegard provided additional information related to funding for the proposed program.
On a motion by Councilmember Diallo, seconded by Councilmember Lazard, the City Council received the information, provided input on the proposed Police Department Explorer Program, and requested that the item be brought back for approval consideration at the next City Council Meeting.
Ayes: Diallo, Dresser, Lazard, Torres -O' Callaghan and Akinjo Noes: None
Absent: None
Abstain: None
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Mayor Akinjo reported his attendance to the State of the San Joaquin County Office of Education. Councilmember Dresser reported his attendance to a recent meeting of the San Joaquin Area Flood Control Agency.
6. 2 MAYOR & COUNCILMEMBER COMMENT( S)
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 11 19 Vice Mayor Torres -O' Callaghan congratulated students graduating from local schools; commented on the upcoming battle of the badge; and the organizing of a school supply drive between the Police Department and the Lathrop Manteca Fire District ( LMFD). Councilmember Diallo expressed appreciation to LMFD and Police Department staff.
Councilmember Dresser wishes everyone a Happy Mother' s Day and thanked those in attendance. Councilmember Lazard and Mayor Akinjo echoed similar sentiments.
7. ADJOURNMENT — There being no further business, Mayor Akinjo adjourned the meeting at 9: 57 p. m.
Ia
eresa Vargas, M
Government Services Director
City Clerk
May 12, 2025 Lathrop City Council Regular Meeting Minutes Page 12 20 ITEM 4. 3
CITY MANAGER' SREPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
25- 468 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
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 25- 468 to Amend Title 10, Chapter 10. 24, Section 10. 24. 030
Designated No Parking Areas of the Lathrop
Municipal Code
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 25- 468 entitled:
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
SUMMARY:
On June 9, 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, Ci Clerk Date
21 ORDINANCE NO. 25- 468
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
WHEREAS, pursuant to California Vehicle Code ( CVC) Section 22507, the City is required to establish No Parking Areas within the City limits by ordinance; and WHEREAS, staff has identified necessary modifications and additions to Lathrop Municipal Code Section ( LMC) 10. 24. 030 titled " Designated No Parking Areas" to accommodate new development and roadway changes from recent projects and to increase the safety of schools; and
WHEREAS, staff request that the City Council consider amending LMC Section
10. 24. 030, as shown in Exhibit A incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Lathrop does hereby approve amending Section 10. 24. 030 entitled " Designated No Parking Areas" of the Lathrop Municipal Code as shown in Exhibit A, incorporated by reference herein.
Section 1. The Lathrop Municipal Code is hereby amended as shown in Exhibit A, attached hereto and incorporated by reference herein.
Section 2. 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 section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. - Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. - Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall make a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
Ordinance No. 25- 468
22 THIS ORDINANCE was regularly introduced at a regular meeting of the City Council of the City of Lathrop on the 9th day of June 2025, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 20 , 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- 468
23 No Parking Areas — Chapter 10. 24 Mark -Up Exhibit A New text is shown by underline; deleted text is shown by strikethrough Chapter 10. 24 PARKING
10. 24. 030 Designated No Parking Areas
Upon amendment by ordinance prohibiting parking on certain streets and/ or highways within the corporate limits of the City, as depicted below, the Director of Public Works is directed to place appropriate signs and/ or markings sufficient to give adequate notice of such no parking areas. Until appropriate signs and/ or markings sufficient to give adequate notice of such no parking areas, as depicted below, is provided by the Director of Public Works, no enforcement of the provisions of this section shall occur.
Pursuant to the provisions of the California Vehicle Code, the following no parking zones ( unless noted as time - limited parking) are created or affirmed if previously created in the corporate limits of the City of Lathrop:
Street Side Location
Academy Drive North Beginning at the centerline of Somerston Parkway, thence running easterly to the centerline of River Bend Drive, an approximate distance of 2, 000 feet.
Barbara Terry Boulevard Both Beginning at the centerline of Spartan Way, thence running easterly to the centerline of Sunol Street, an approximate distance of 5, 860 feet.
Bewick Drive Both Beginning at the centerline of Warbler Place, thence running southerly to the centerline of Isidore Way, an approximate distance of 170 feet.
Bluebird Street Both Beginning at the centerline of Spartan Way, thence running southerly to the centerline of Osprey Drive, an approximate distance of 180 feet.
Bosch Avenue Both Beginning the Middlebury Drive, at centerline of thence to the running northerly centerline of Mu_ holland Drive, an approximate distance of 1, 850 feet. Beginning at an approximate distance of 250 feet south of the centerline of River Islands Parkway, thence running northerly an approximate distance of 500 feet.
Briarstone Lane Both Entire length.
Brookhurst Boulevard Both Beginning at the centerline of Manthey Road, thence running westerly to the centerline of McKee Boulevard, an approximate distance of 1, 350 feet.
Business Park Court Both Entire length.
Callerton Avenue Both Entire length.
Cedar Ridge Court Southwest Beginning from the south end of the driveway to 14917 Cedar Ridge Court, thence running easterly an approximate distance of 30 feet.
Central Pacific Street Both Beginning at the centerline of Spartan Way, thence running southerly to the centerline of Albany Street, an approximate distance of 200 feet.
Christopher Way Both Beginning at the centerline of D' Arcy Parkway, thence running southwesterly an approximate distance of 3, 000 feet.
Commercial Street Both Beginning at the centerline of Academy Drive, thence running northerly to the centerline of Marina Drive, an approximate distance of 1, 300 feet.
Crescent Moon Drive North Beginning at the centerline of McKee Boulevard, thence running easterly, an approximate distance of 50 feet.
D' Arcy Parkway North Entire length.
D' Arcy Parkway South Beginning at the centerline of Harlan Road, thence running easterly, an approximate distance of 450 feet. Allow 30 minute parking.
D' Arcy Parkway South Beginning at 450 feet east of the centerline of Harlan Road Boulevard, thence running easterly, an approximate distance of 6, 300 feet.
Dell' Osso Drive Both Entire length.
Dos Reis Road Both Entire length.
Enneking Dr. Both Beginning at centerline of River Islands Pkwy thence running northerly to centerline of Posey Street an approximate distance of 1045 feet
24 No Parking Areas — Chapter 10. 24 Mark -Up
Street Side Location
Fifth Street East Beginning at the centerline of Thomsen Road, thence running southerly an approximate distance of 165 feet.
Fifth Street West Beginning at the centerline of Mingo Way, thence running southerly to the centerline of Louise Avenue, an approximate distance of 500 feet.
Fifth Street West Beginning at the centerline of N Street, thence running southerly to the centerline of O Street, an approximate distance of 400 feet. Prohibit parking between the hours of 8: 30 a. m. to 2: 30 p. m., Monday through Friday. Allow temporary loading/ unloading of vehicle passengers between the hours of 8: 00 a. m. to 8: 30 a. m. and 2: 30 p. m. to 3: 00 p. m., Monday through Friday. Allow parking between the hours of 3: 00 p. m. and 8: 00 a. m., Monday through Friday and anytime on Saturday and Sunday.
Golden Spike Trail West Beginning at the centerline of Brookhurst Boulevard, thence running north an approximate distance of 750 feet. Prohibit parking from the hours of 8: 00 a. m. to 5: 00 p. m., Monday through Friday. Allow parking between the hours of 5: 00 p. m. to 8: 00 a. m., Monday through Friday and anytime on Saturday and Sunday.
Golden Spike Trail East Beginning at the centerline of Brookhurst Boulevard, thence running north an approximate distance of 250 feet. Prohibit parking from the hours of 8: 00 a. m. to 5: 00 p. m., Monday through Friday. Allow parking between the hours of 5: 00 p. m. to 8: 00 a. m., Monday through Friday and anytime on Saturday and Sunday.
Golden Valley Parkway Both Entire length within city limits.
Glacier Street Both Entire length.
Harlan Road Both Beginning at the northerly city limits, thence running south to cul- de- sac.
Haverhill Lane Both Entire length.
Howland Road Both Entire length.
Imperial Drive West Beginning at the centerline of Holborn Drive, thence running southerly to Marina Drive roundabout, an approximate distance of 65 feet.
Islanders Way Both Beginning at the center line of River Islands Parkway, thence South 425 feet and North of River Islands Parkway 320 feet.
Isidore Way Both Beginning at the centerline of Stanford Crossing, thence running westerly to the centerline of Loon Street, an approximate distance of 930 feet.
Jefferson Way Both Entire length.
Johnson Ferry Road Both Beginning at the centerline of Golden Spike Trail, thence running easterly to centerline of Colonial Trail, an approximate distance of 1, 815 feet.
Lakeside Drive Both Entire length.
Lathrop Road Both Beginning at the centerline of Golden Valley Parkway, thence running easterly to the eastern city limits an approximate distance of9, 500 feet.
Locomotive Street Both Beginning at the centerline of Golden Valley Parkway, thence running westerly to the centerline of Saybrook Street, an approximate distance of 200 feet.
Louise Avenue Both Entire length.
Madruga Road Both Beginning at the centerline of Yosemite Avenue, thence running westerly to the centerline of Glacier Street, an approximate distance of 770 feet.
Manthey Road Both Beginning at south city limits, thence running northerly to city limits an approximate distance of 28, 400 feet.
Marina Drive Both Beginning at the centerline of Somerston Parkway, thence running easterly to the centerline of River Bend Drive, an approximate distance of 2, 400 feet.
Marina Drive South Beginning at the centerline of Leto Way, thence running westerly to the centerline of Silver Springs Way, an approximate distance of 1, 050 feet.
McKee Boulevard Both Beginning the Crescent Moon Drive, thence at centerline of running northerly and southerly an approximate cistance of 85 feet. Entire Length McKinley Avenue Both Entire length within City limits.
Mossdale Road Both Entire length within city limits.
Murphy Parkway Both Beginning at the centerline of Tesla Drive, thence running northerly to the centerline of D' Arcy Parkway, an approximate distance of 1, 500 feet. Allow parking during the hours from 6: 00 a. m. to 10: 00 p. m. Prohibit parking from 10: 00 p. m. to 6: 00 a. m. Prohibit parking of vehicles over 5 tons.
25 No Parking Areas — Chapter 10. 24 Mark -Up
Street Side Location
Murphy Parkway Both Beginning at the centerline of D' Arcy Parkway, thence running northerly to the end.
Norbeck Street Both Entire Length
Tesla Drive Both Beginning at the centerline of Harlan Road, thence running easterly to the centerline of Murphy Parkway, an approximate distance of 1, 530 feet.
Tesla Drive Both Beginning at the centerline of Murphy Parkway, thence running easterly to the centerline of Christopher Way, an approximate distance of 1, 900 feet. Allow parking during the hours from 6: 00 a. m. to 10: 00 p. m. Prohibit parking from 10: 00 p. m. to 6: 00 a. m. Prohibit parking of vehicles over 5 tons.
O Street North Beginning at an approximate distance of 125 feet east of the centerline of Halmar Lane, thence running easterly an approximate distance of 680 feet to Fifth Street.
Prohibit parking from the hours of 8: 30 a. m. and 2: 30 p. m., Monday through Friday. Allow temporary loading/ unloading of vehicle passengers from the hours of 8: 00 a. m. and 8: 30 a. m. and 2: 30 p. m. to 3: 00 p. m., Monday through Friday.
Allow parking between the hours of 3: 00 p. m. to 8: 00 a. m., Monday through Friday and anytime on Saturday and Sunday. Prohibit parking anytime 50 feet east and west of the centerline of Matador Way.
Oberlin Avenue Both Beginning at the centerline of Marina Drive, thence running northerly to the centerline of Garden Farms Avenue, an approximate distance of 1,00 feet.
Beginning at an aoproximate distance of 250 feet south of the centerline of River Islands Parkway, thence running northerly an approximate distance of 500 feet.
Old Harlan Road Both Entire length, north and south of Lathrop Road.
Old Harlan Road Both South of Louise Avenue, allow barking during the hours from 6: 00 p. m. to 2: 00 a. m. Prohibit parking from 2: 00 a. m. to 6 p. m. Prohibit parking of vehicles over 5 tons.
Old Harlan Road East Beginning at the centerline of Louise Avenue, thence running north an approximate distance of 310 feet. Allow parking during the hours from 6: 00 a. m. to 10: 00 p. m. Prohibit parking from 10: 00 p. m. to 6: 00 a. m. Prohibit parking of vehicles over 5 tons.
Old Harlan Road West Beginning at an approximate distance of 100 feet south from the centerline of South Harlan Road, thence running south an approximate distance of 100 feet.
Allow parking during the hours from 6: 00 a. m. to 10: 00 p. m. Prohibit parking from 10: 00 p. m. to 6: 00 a. m. Prohibit parking of vehicles over 5 tons.
Paradise Road Both Entire length within city limits.
Pleasant Road Both Beginning at the centerline of Isidore Way, thence running southerly to the centerline of Folktale Way, an approximate distance of 180 feet.
Quartz Way East Beginning at the southerly boundary of 13580 Quartz Way ( lot 15), thence running southerly to the northern boundary of 13590 Quartz Way (lot 14), an approximate distance of 20 feet for Emergency Vehicle Access.
Riptide Way Both Entire length.
River Bend Drive Both Beginning at the centerline of Academy Drive, thence running northerly to the centerline of Marina Drive.
River Bend Drive East Beginning at the centerline of Academy Drive, thence running southerly a distance of approximately 770 feet.
River Islands Parkway Both Entire length within city limits.
Ro11 Tide Way Both Entire length.
Roth Road Both Entire length within city limits.
Sidwell Drive Both Beginning at the centerline of Middlebury Drive, thence running northerly to the centerline of private road Shorebreak Way.
Sadler Oak Drive Both Entire length.
Sandhill Crane Road Both Entire length.
Seventh Street Both Beginning at the centerline of Fifth Street, thence running easterly along Seventh Street for an approximate distance of 600 feet.
Sierra Mar Road Both Beginning at the centerline of Barbara Terry Boulevard, thence running westerly to the centerline of Testarossa Street, an approximate distance of 175 feet.
Somerston Parkway Both Entire length.
26 No Parking Areas — Chapter 10. 24 Mark -Up
Street Side Location ,
Somerville Street Both Entire length
Spartan Way Both Beginning at the centerline of Golden Valley Parkway, thence running westerly to an approximate distance of 850 feet north of the centerline of Hidden Cove Place.
Stanford Crossing Drive Both Entire length.
Stewart Road Both Beginning at a point 550 feet north of the centerline of the Union Pacific Railroad tracks ( formerly southern Pacific Railroad tracks), thence running southerly along Stewart Road an approximate distance of 1, 450 feet to the centerline of Manthey Road.
Stonebridge Lane Both Beginning at a point that is on the east right- of- way line of Harlan Road, thence running easterly to the centerline of Slate Street, an approximate distance of 2, 400 feet.
Thomsen Road Both Beginning at the east right- of- way of Harlan Road, thence running easterly for an approximate distance of 200 feet.
Thomsen Road South Beginning at a point approximately 200 feet east of the right- of- way of Harlan Road, thence running easterly an approximate distance of 400 feet to the centerline of Lisa Lane. Allow parking during the hours from 6: 00 a. m. to 10: 00 p. m. Prohibit parking from 10: 00 p. m. to 6: 00 a. m.
Thomsen Road North Beginning at a point approximately 200 feet east of the right- of- way of Harlan Road, thence running easterly an approximate distance of 200 feet. Allow parking during the hours from 6: 00 a. m. to 10: 00 p. m. Prohibit parking from 10: 00 p. m. to 6: 00 a. m.
Top of San Joaquin
River levee in RD -17
and all levee access
points
Both Beginning at the northern city limit line, following the levee until the centerline of Manthey Road.
Towne Centre Drive Both Beginning at the centerline of Manthey Road, thence westerly to the centerline of Golden Valley Parkway. Allow parking for up to two hours between 6: 00 a. m. to 10: 00 p. m. Prohibit parking between the hours of 10: 00 p. m. and 6: 00 a. m.
Towne Centre Drive Both Beginning at the centerline of Golden Valley Parkway, thence running westerly an approximate distance of 400 feet.
Walera Drive Both Entire Length
Winton Avenue Both Entire length.
Woodfield Drive Both Beginning at the centerline of Lathrop Road, thence running northerly to the centerline of Long Barn Drive, an approximate distance of 450 feet.
Wylin Boulevard Both Beginning at the centerline of River Islands Parkway, then northerly to the centerline of Malabar Drive.
Yosemite Avenue North Beginning at the centerline of McKinley Avenue, thence running easterly to city limits.
Yosemite Avenue South Beginning at the centerline of McKinley Avenue, thence running westerly an approximate distance of 3, 000 feet.
Yosemite Avenue Both Beginning 800 feet east of the right- of- way of State Route 120, thence running westerly to the centerline of Jefferson Way, an approximate distance of 6, 800 feet.
The public works director is hereby directed to erect appropriate signage and/ or markings to indicate the existence of these no parking zones. In erecting signage on roads with unimproved shoulders, the signs shall be placed at the edge of the rightof- way. Until and unless appropriate signage and/ or markings are erected, no enforcement of these no parking zones shall occur. Payment for such signage shall come from account 208- 5010. (Ord. 18- 389 § 1; Ord. 17- 382 § 1; Ord. 14- 336 § 1; Ord. 13- 325 § 1; Ord. 12- 317 § 1; Ord. 11- 309 § 1; Ord. 11- 306 § 1; Ord. 11- 304 § 1; Ord. 10- 302 § 1; Ord. 10- 301 § 1; Ord. 09- 296 § 1; Ord. 09- 288 § 1; Ord. 08- 282 § 1; Ord. 99- 166; Ord. 93- 104)
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28 City of Lehr
Quarterly Treasurer Report
March 2025
ITEM 4.
This report presents a detailed discussion of the City' sfund balances and investment portfolio as of March 31, 2025. 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 March 31, 2025, the investment portfolio was in compliance with all state laws and the City' s Investment 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' s office. 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 March 31, 2025 compared with the prior quarter:
29 Holding Party Fund Amounts (1)
of
Portfolio
Fund Amounts ( 1)
of
Portfolio
Investments/ Cash held by the City
Investments held by Trustees
213,3, 336 61% 224, 306, 210 62%
135, 002,55 39% 136, 99, 008 38%
9 361,
1) Small variances are due to the summation and rounding of multiple figures to the nearest whole dollar 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 first quarter of 2025 was characterized by uncertainty and worsening consumer sentiment due to the volatile rollout of the new administration' s policies.
Pro -growth fiscal policies proposed on the campaign trail including tax cuts and deregulation have yet to be realized, leaving rapidly changing tariff policy to weigh on growth prospects. Escalating trade tensions from tariffs have increased the probability of a U. S. economic recession in 2025. Progress towards the Federal Reserve' s (Fed) 2% target remains stalled with goods inflation moving higher even before tariff policies were enacted. Fed Chair Powell noted economic data has not yet reflected tariffs and reiterated it will be difficult to directly project the impact of these policies on prices. Tariff concerns among consumers appear to be rising, as expectations for inflation over the next 12 months reached their highest levels since early 2023. U. S. Treasury yields moved lower in response to deteriorating growth expectations over the near term. While the Fed held rates steady over the quarter, futures markets are pricing in four 25 bps rate cuts for 2025. The labor market remains surprisingly resilient with both initial jobless claims and the unemployment rate at historically low levels. Additionally, monthly job gains continue to keep pace with labor force growth. With quits and hiring rates low, any acceleration in layoffs may result in job seekers remaining unemployed for longer. Federal job cuts and funding freezes could impact the hiring plans of sectors such as healthcare and higher education which rely on government funding.
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.
Stephen J. Salvatore
City Manager
Cari J
Direct. r o Finance
30 TABLE:
2 CITY
LATHROPF
Summary
of
All
Investmentsof
As
March
31,
2025
City
Held
In
vestme nts Recorded
Value
Current
Yield of Percent
P
ortfolio
Local
Agency
Investment
Fund
Wells
Fargo
Money
Market
Mutual
Funds
California
Asset Management
Program
000, 75 3, 244 833 69, 914, 577
4 .
313% 4 .
150 % 4 .
470%
26 .
30% 1 .
14 %
24 .
52%
Total
Investments
Held
by
the
City (
1)
148,59 40
384 % 4.
51. 96%
Trustee
Held
Investments
Recorded
Value
Current
Yield
Percent
of
Portfoli
o
US
Bank UMB
Bank
Union
Bank
SJCounty
Pooled
Funds
PFM
Asset Management +
Year
End
FMV
PNC
Bank
3,14 500 700, 556 1
248, 339
131,85 096 520,16
4 .
290% 3 .680% 0 .
000% 0 .
260% 4 .290 % 4 .700 %
1 .
16% 0 .
60%
0.0% 0 .
09 %
46 .
01 %
0 .
18%
In
Total
vestments
Held
by
Trustees (
2)
136, 969 008
277% 4.
48. 04%
Total
City &
Trustee
Held
Investments &
Cash
Recorded
Value
Current
Yield
Percent
of
Portfoli
o
Investments
Held
by
the
City
and
Trustees
Cash
inChecking
Accounts -
Recorded
Value
285, 128 41 76, 146, 800
4.332%
100 .
00%
Total
Cash
and
Investments
361, 27518
One
month
benchmark U. Sfor
Treasuries:
Three
month
benchmark U. Sfor
Treasuries:
Notes: 1)
See
Table:
4 for
detailed
investments
held
by
the
City.
2)
See
Table:
5 for
detailed
investments
held
by
Trustees. 4.
37%
4. 34%
31 TABLE:
3 CITY
OF
LATHROP
Investments Cash
Fl
Analysisow
As
of
March
31,
2025
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
000, 75 3, 234, 4 69,50 243
10, 399 264, 33
Total
Investments
Held
by
the
City
147, 884 677
274, 733
Investments
Held
by
Trustees
Prior
Month
Recorded
Value
Purchased Buy)
Redeemed Sell)
PNC
Bank
SJ
Po
County
oled
Funds
UMB
Bank
US
Bank (
3)
PFM
Asset Management +
Year
End
FMV
518, 646 249, 47
2, 926 05 3, 932, 553 128, 88167
1, 870 4, 004 442, 738
11, 680, 05
140) $,473) $ 229, 1791) $ 060, 1820) $ 9, 376
Total
Investments
Held
by
Trustees
136, 50869 $
12,28 662 $ (
223) $ 668, 11
Total
Cash
inChecking
Accounts
Held
the
by
City (
2)
72, 655, 246
9, 868, 972
418) $ 6, 377,
Total
Cash
and
Investments
Held
by
the
City
and
Trustees
357, 048 492 $
22,72 367 $ (
641) $ 18, 045
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 &
Mexpenses.
3)
Interest
earnings
from
BlackRock
Liquidity
Funds
T -
Funds
30 Day
Yield
4. 290%,
debt
service
payments.
32 TABLE:
4 CITY
OF
LATHROP
Investments
Held
by
City -
Detail
of
MarchAs 31,
2025
Broker) Agency (
Investment Description
Yield
Co
toupon
Purchase
Maturity
Rate
Maturity
Date
Date (
No
Local
Agency
Investment
Fund FargoWells
Mutual
Funds
Money
Market
Fund
City
Acct
No.
98- 39- 437
Money
Market
Mutual
Fund
City
Acct
No .
N/ A
4 .
313 %
Varies
On
Demand
75,
75,
12641627
N/ A
150% 4.
Varies
On
Demand
3,
Califorina
Asset Management
Program Liquidity
Account
No .
6084- 001
3,
N/ A
4.70%
Varies
On
Demand
69,
69,
TOTAL
INVESTMENTS
HELD
BY
CITY $
148,
33 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detail
As
of
March
31,
2025
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
Mossdale
Village
Assessment
Dist.
No .
03- 1
Series
2015 -
Redemption
Fund
Mossdale
Village
Assessment
Dist.
No.
03- 1
Series
2005/1 -
Reserve
Fund
Mossdale
Village
Assessment
Dist.
No.
03- 1
Series
2015 -
Prepayment
Fund FIN
LTHRP
REVEN
AUTH
UE
BONDS
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
M
oney
MarketInterest
Account
Money
Market -
Reserve
Account
LAIF -
Interest
Account
CDPH/WR -
Loan
SRF
Agreement
Account
Agreement
Account -
Reserve
Fund
2015
Crossroads
Series
B
2015
Crossroads
Series
B -
2015
Crossroads
Series
B -
2015
Crossroads
Series
B -
2015
Crossroads
Series
B -
2015
Crossroads
Series
B -
LOIB
RDP
LOIB
Reserve
Cost
of
Issuance Improvements COI
Custodian
Agreement
Investments
Held
by
PNC
Bank
by
Account
2012
Loan (
Water
Refun ding
of
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 .
290% 290% 4. 4.290% 4. 290 % 4 .290% 4 .
290% 290 % 4. 4.290%
10/8 05 10/8 05 10/8 05 7/ 1 23 7/ 23 7/ 1 23 7/ 1 23 7/ 23
4.290%
12/ 03
4.290%
12/ 03
4. 313 %
03/ 19
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand
On
Demand $
On
Demand $
On
Demand $
290% 4.
12/ 20
On
Demand $
4 .
290%
12/ 2/0
On
Demand $
4.290% 290% 4.290% 4. 4.290% 4.290%
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
Total
Investments
Held
by
Trustee -
US
Bank $
700% 4.
5/ 22/ 19 $
Total
In
vestments
Held
by
Trustee -
PNC
Bank $
34 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detail
As
of
March
31,
2025
InvestmentDescription Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
Investments
Held
by
UMB
Bank
by
Account Cen
2018- 1
Lathro
tral
p
CFD
Improvement
Area
1 -
A
dmin
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
Reserve Fun1 -
d
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 Impro vement
Area
Reserv2 -
e
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
Re3 -
serve
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
5 -
Admin
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 .
680 %
02/1 19
On
Demand
3. 680%
02/1 19
On
Demand
3. 680 %
02/1 19
On
Demand
3. 680%
02/1 19
On
Demand
3. 680%
02/1 19
On
Demand
3. 680 %
02/1 19
On
Demand
3. 680%
02/1/ 19
On
Demand
3 .
680 %
02/1/ 19
On
Demand
3. 680%
02/1/ 19
On
Demand
3. 680 %
02/1 19
On
Demand
3. 680 %
02/1/ 19
On
Demand
3. 680 %
02/1 19
On
Demand
3. 680%
02/1 19
On
Demand
3. 680 %
02/1 19
On
Demand
3 .
680%
02/1 19
On
Demand
3. 680 %
02/1/ 19
On
Demand
3. 680%
02/1 19
On
Demand
3 .
680%
02/1 19
On
Dema
nd3 .
680 %
02/1 19
On
Demand
3.680%
02/1 19
On
Demand
3.680%
02/1/ 19
On
Demand
3.680%
02/1 19
On
Demand
3.680%
02/1 19
On
Demand
3 .
680%
02/1 19
On
Demand
3 .
680%
02/1 19
On
Demand
3 .
680%
02/1 19
On
Demand
3 .
680%
02/1 19
On
Demand
3 .
680%
02/1 19
On
Demand
3 .
680%
02/1 19
On
Demand
3.680%
02/1/ 19
On
Demand
35 TABLE:
5 CITY
OF
LATHROP
Investments Held
by
Trustee -
Detailof
As
March
31,
2025
Investment Description
Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
Improvement
Area
5 -
Reserve
Fund Improvement
Area
5 -
Surplus
Fund Cen
2018-
traLathrol
p
CFD
Special
Tax
Fund Fu
Surplus
nd
Investments
Held
by
Jo
San
aquin
County
by
Account San itary
Sewer
Assessment
District #
1 Pooled
Funds -
Redemption
Account Investments
Held
by
PFM
Asset Management
Acco
by
unt
PFM
Mana
Asset gement
M
oney
Market
Fund
USTreasury
No
Bond /
te
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
US
No
Treasury
tes
USTreasury
Notes
US
No
Treasury
tes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
US
NoTreasury
tes
USTreasury
Notes
USTreasury
Notes
149269 .
5 149269. 6 149261. 1 149261 .
2 3. 680%
02/1 19
On
Demand $
3. 680%
02/1 19
On
Demand $
3. 680%
02/1 19
On
Demand $
3. 680 %
02/1 19
On
Demand $
Total
Investme ns
Held
by
Trustee -
UMB
Bank $
SJ
CO
FUND #
57961
0.260%
10/ 87
On
Demand $
Total
Investments
Held
by
Trustee -
San
Joaquin
County $
20260109
PFM
Funds -
Govt
Select
AAAm
91282CGR6
4.625%
03/ 15 2
03/ 15 26 $
91282CKH3
500% 4.
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 $
91282CKS9
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
4 .
625%
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 $
91282CJK8
625% 4.
11/5 23
11/5 26 $
91282CJP7
375% 4.
12/5 23
12/5/ 26 $
91282CJP7
4.375%
12/5 23
12/5 26 $
91282CME8
4. 250%
12/ 31 24
12/ 31 26 $
91282CJT9
4. 000%
01/ 15 24
01/ 15 27 $
91282CMH1
4.125%
01/ 3 25
01/ 3 27 $
91282CKA8
4. 125%
02/ 15 24
02/ 15 27 $
91282CKE0
4. 250%
03/ 15 24
03/ 15 27 $
36 TABLE:
5 CITY
OF
LATHROP
Investments Held
by
Trustee -
Detail
As
of
March
31,
2025
InvestmentDescription
Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
USTreasury
Notes
USTreasury
Notes
USTreasury
Notes
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
Subtotal:
91282CKJ9 91282CKR1 91282CKR1 91282CKR1 91282CKV2 91282CKZ3 91282CKZ3 91282CLG4 91282CLL3 91282CLQ2 91282CLX7 91282CMB4 91282CMF5 91282CMN8
4.500% 4 .
500 %4. 500% 500% 4. 4 .625% 375 % 4. 4. 375% 3.750% 3 .375% 3. 875% 4. 125 % 4 . 000% 4.250% 250 % 4.
04/ 15/ 24 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 12/6 24 01/ 15 2 02/ 18 25 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 12/5 27 01/ 15/ 28 02/ 15 28 37 TABLE:
5 CITY
OF
LATHROP
Investments
Held
by
Trustee -
Detailof
As
March
31,
2025
InvestmentDescription Acct
Number
Current
Purchase
Maturity
CUSIP
Yield
Date
nation
Supra -
al
Agency
ond / B
Note
Intl
BK
Recon &
Develop
Notes
Intl
Finance
Corp
Notes
Inter -
Dev
American
elCorporate BK
Notes
Supra -
Nati
onal Agency
Subtotal
Federal
Agency
NoBond/
te
Fannie
Mac
Notes (
Callable)
Federal
Home
Loan
Banks
Notes (
Callable) Ho
Federal
me
Loan
Banks
Notes (
Callable)
Federal
Home
Loan
Banks
Notes (
Callable)
FFCB
Bonds
Fannie
Mae
Notes (
Callable)
Federal
Home
Loan
Bank
Fannie
Mae
Notes (
Callable)
Federal
Agency
S
ubtotal:
Interest Total
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/ 2/1
03/ 26
3130ALGJ7
1.000%
03/ 21
03/ 26
3130ANCD0
1.10 %
07/ 30 21
07/ 26
3133EPSW6
500% 4.
08/ 14 23
08/ 14 26
3135G06L2
0 .
875%
12/8 20
12/8 26
3130B5K64
000 % 4.
03/ 14 25
03/ 10 27
3135GAS28
5. 420%
04/ 30 2
04/ 237
Total
Investments
Held
by
Trustee -
PFM
Ass
et
Manag
ement
Total
Investments
Held
by
Trust
ees
38 CITY MANAGER' SREPORT
JULY 14, 2O25 CITY COUNCIL REGULAR MEETING
ITEM:
ITEM 4. 5
OUT-F- STATE TRAVEL APPROVAL FOR CITY STAFF
TO PARTICIPATE IN THE IAMC FALL FORUM IN
OCTOBER 2025
RECOMMENDATION: Adopt a Resolution Authorizing Out -of -State Travel for the Economic Development Administrator to
Attend and Represent the City of Lathrop at the
Industrial Asset Management Council' s Fall Forum
in Indianapolis, Indiana from October 17, 2025 -
October 22, 2025
SUMMARY:
In an effort to market the City of Lathrop to new job generating businesses and attract industrial investment opportunities, the Economic Development Administrator requests approval to travel out-f- sate to attend the FaII 2025 Industrial Asset Management Council ( IAMC) forum to be held in Indianapolis, Indiana from October 17, 2025 through October 22, 2025. IAMC is a U. S. based industrial and manufacturing real estate trade association.
BACKGROUND:
The Economic Development Administrator position was established to promote the City' s attributes for economic opportunities that will enhance the overall well- being and quality of life of the community and its residents. The IAMC forum presents a networking and marketing opportunity to attract new job generating businesses and industrial investment to the City of Lathrop.
IAMC is a membership organization comprised of Industrial Real Estate professionals. Corporate members include Pepsico, Thermo Fisher Scientific, Lockheed Martin, Boeing, Kellogg, Weyerhaeuser, Medline, and more. Service providers, such as site selection consultants, national brokers, and developers, as well as Economic Developers, are permitted to join. However, the membership is exclusive to corporate real estate professionals allowing only one service provider and one economic developer per corporate real estate professional to join to maintain a balanced membership. Forums are held twice a year to allow networking and deal -making opportunities related to the industrial industry.
Staff is requesting out-f- state travel for attendance at the IAMC Fall 2025 Forum and participation in the Team California hosted dinner event. Expenses for this outof- state travel request include event registration, airfare, transportation, hotel, food, and participation in the Team California hosted dinner. Additionally, Team California recently restructured their membership and participation fees, resulting in a savings of approximately $ 1, 000 to the City for participating in this forum. 39 CITY MANAGER' S REPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
OUT-F- STATE TRAVEL FOR CITY STAFF
PAGE 2
ATTACHMENT " B" includes additional IAMC Fall 2025 Conference and Team California participation information.
REASON FOR RECOMMENDATION:
Staff requests that the City Council adopt the proposed resolution authorizing Out - of -State Travel for the Economic Development Administrator to participate in the IAMC Fall Forum being held in Indianapolis, Indiana from October 17, 2025 to October 22, 2025 for the purpose of marketing, outreach, and business attraction.
FISCAL IMPACT:
The total cost for the ICSC conference is estimated to be $ 5, 200. All expenses relating to this conference are within the City Manager Department' s Economic
Development Division FY 2025-026 budget as approved by City Council.
ATTACHMENTS:
A. A Resolution of the City Council of the City of Lathrop to Authorize Out -of - State Travel for the Economic Development Administrator to Attend and Represent the City of Lathrop at the Industrial Asset Management Council' s Fall Forum in Indianapolis, Indiana from October 17, 2025 to October 22, 2025
B. Information regarding the IAMC 2025 Fall Forum and Team California hosted dinner event
40 CITY MANAGER' S REPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
OUT-F- STATE TRAVEL FOR CITY STAFF
APPROVALS:
Barbara Harb — Date
Economic Development Administrator
Cari Jame
Finance Di
PAGE 3
Date
7. 3. 2. 5
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore
City Manager
Date
41 RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
AUTHORIZE OUT-F- STATE TRAVEL FOR THE ECONOMIC DEVELOPMENT
ADMINISTRATOR TO ATTEND AND REPRESENT THE CITY OF LATHROP AT
THE INDUSTRIAL ASSET MANAGEMENT COUNCIL' S (IAMC) FALL FORUM IN INDIANAPOLIS, INDIANA FROM OCTOBER 17, 2025 TO OCTOBER 22, 2025 WHEREAS, City Council approved funding for a full- time Economic Development Administrator position to carry out economic development activities on behalf of the City; and
WHEREAS, participation in this event allows staff to identify targeted industry opportunities supporting the creation of local jobs and to build and nurture professional relationships with corporate industrial real estate executives; and WHEREAS, funding identified for the marketing event was considered and approved within the FY 2025-026 budget.
THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, authorizes out-f- state travel for the Economic Development Administrator to attend and represent the City of Lathrop at the IAMC Fall Forum in Indianapolis, Indiana from October 17, 2025 - October 22, 2025.
The foregoing resolution was passed and adopted this 14th day of July 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 Resolution No. 25- Page 1 of 1
42 Attachment B
Overview I Register I Hotel Information I Schedule I Program Highlights I Networking Highlights Registration Fees I Sponsors I Submit a Proposal ( Attendees rvo.* wca.. rmfw»
SAMmat yawn,. ereeksm vo. n.
IAMC
FALL
FORUM
October 18- 22, 2025
Agility &
Flexibility:
Corporate Real
Estate in the
Modern World
In today' sfast - paced environment, corporate real estate professionals must prioritize agility and flexibility to stay competitive and resilient. As political and economic shifts, evolving workplace expectations and technological advancements reshape the landscape, those who can adapt swiftly and strategically will lead the way.
From rethinking space utilization and optimizing hybrid work environments to leveraging data -driven decision -making and sustainable practices, the Fall Forum will offer critical insights to help navigate the complexities of the modern world. Whether you' refocused on enhancing operational efficiency, ensuring workforce flexibility or unlocking new opportunities, this event is designed to equip you with tools to thrive in an era defined by agility. join us this October to connect with fellow industry leaders and innovators to share best practices and actionable strategies to meet both current demands and future challenges.
REGIST RATION
AMC Members
F
Register Here
ES
Member Type By July 2. 5 By Sept. 12 After Sept. 12
Corporate Member S8 i0 S. K0 5960
1st Time Corporate Member Special $ 1,81, $ 1, 235 $ 1, 335 Registration plus membership dues for 1 year)
1st Economic Developer/ Service Provider Company Member Rep* $ 1, 250 $ 1, 325 $ 1, 400 2nd Economic Developer/ Service Provider Company Member Rep* $1, 250 $ 1, 325 $ 1, 400 Academic Member $ 550 $ 600 $ 700
Retired Member $ 550 $ 600 $ 700
43 Attachment B
TeamCalifomia
YOUR TEAMCALIFORNIA
MEMBERSHIP 2025-026
Increased Value, Visibility And
Access
Our new membership tiers = a smarter investment in the new fiscal year, not to mention less hassle and increased value for you!
Adjusted Membership Tiers and
Benefits
New A La Carte Base Rate Structure
Public or Private Utilities & CCAs: $10, 000
Regional Marketing Groups & Statewide Agencies: $5, 000 Sub - Regional Economic Development Organizations: $ 4, 000 Single County or City EDOs: $ 3, 000
Workforce Investment Boards, Community Colleges,
Universities: $ 3, 000
Private Businesses ( Associate Member): $5, 000
Optional A La Carte Marketing Add -On: + $3, 000
Added to Base Rate Listed Above
Guaranteed feature in industry publications' (e.g., Site Selection Magazine, Western Real Estate Business, etc.).
Quarterly regional economic reports & trade show insights.
Participation in one in -person or digital FAM tour.
One podcast feature for your organization, annually.
Enhanced website listings: Zoom Tour (up to ten tours), Resimplifi property data
Premium Membership Offerings
12, 000 Tier: Includes base membership, marketing add- on, & option to participate in up to 6 events ( excludes utilities & CCAs). 20, 000 Tier: Includes base membership, marketing add- on, & option to participate in all events (2 MTC tickets, major supporter listing on our website).
Our Planned Upcoming Events
Or Events Of Similar Caliber)
Food Processing Expo / Future Food Tech
Entertainment Experience Evolution
World Ag Expo
NAIOP ICON West
ICSC@ Monterey
Site Selectors Guild Annual Spring
Conference
IAMC Spring Forum
ICSC Las Vegas
BIO 2026 (Exhibitor Pass)
Site Selectors Guild Fall Conference
ICSC@ Western
IAMC Fall Forum
Regional Road Show (Digital or In - Person)
Exclusions ( Events Requiring Additional
Sponsorship)
Meet the Consultants 2025 Host & Private
Dinner Sponsorship
SelectUSA Spin - Off Events
BIO 2026 Major Pavilion Co -Op
Special Forum Hosting ( IAMC or Site
Selectors Guild in California)
QUESTIONS? ROBIN@TEAMCA. ORG
44 1949- 378- 519
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ITEM 4. 7
CITY MANAGER' S REPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE A PROFESSIONAL SERVICES
AGREEMENT WITH ROBERTSON -BRYAN, INC.
FOR LATHROP CONSOLIDATED TREATMENT
FACILITY DISCHARGE PERMIT RENEWAL AND
COMPLIANCE SUPPORT SERVICES
Adopt Resolution to Approve a Professional
Services Agreement with Robertson - Bryan,
Inc. for Lathrop Consolidated Treatment
Facility Discharge Permit Renewal and
Compliance Support Services
SUMMARY:
Wastewater generated west of I-5 is collected and treated at the Lathrop Consolidated Treatment Facility ( CTF). The City has been issued a National Pollutant Discharge Elimination System ( NPDES) permit, Order R5- 2022- 0004-1 (Permit), to discharge tertiary treated effluent wastewater from the CTF to the San Joaquin River.
This Permit is set to expire March 31, 2027, and the City must submit a renewal application and Report of Waste Discharge ( ROWD) by March 31, 2026 to ensure river discharge can continue. Robertson - Bryan, Inc. (RBI) has provided a proposal to prepare the technical reports and ROWD for Permit renewal and to provide general compliance support for permit requirements.
Staff request that City Council approve a Professional Services Agreement ( PSA) with RBI in the amount of $ 333, 726 to provide NPDES Permit Renewal and Compliance Support. Sufficient funds have been allocated in the approved fiscal year 2025-027 budget for Regulatory Compliance Program ( RCP) WW 26- 19, NPDES LCTF Compliance to pay for the costs of this proposal.
BACKGROUND:
Wastewater generated west of I-5 is collected and treated at the CTF. The City has been issued a NPDES permit to discharge tertiary treated effluent wastewater from the CTF to the San Joaquin River. The permit includes extensive regulatory reporting requirements, such as specialized monitoring studies, multiple technical reports, implementation of an industrial pretreatment program ( IPP), and on -going water quality monitoring at the CTF and in the San Joaquin River.
The Permit is set to expire March 31, 2027, and the City must submit a renewal application and ROWD by March 31, 2026 to ensure river discharge can continue.
RBI has provided a proposal for NPDES Permit Renewal and Compliance Support services for the CTF.
235
CITY MANAGER' SREPORT PAGE 2
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSON - BRYAN, INC. FOR LATHROP CONSOLIDATED TREATMENT FACILITY
DISCHARGE PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES On June 23, 2025, Council adopted the proposed 2025-027 fiscal year budget, which included RCP WW 26- 19 LCTF NPDES Compliance to address the regulatory requirements and permit renewal tasks associated with the CTF. Due to the technical and specialized nature of the permit renewal tasks, staff request Council approval of a PSA with RBI to provide Permit Renewal and Compliance Support services.
REASON FOR RECOMMENDATION:
Compliance with Order R5- 2022- 0004-1 is essential to ensure that wastewater can be treated and discharged from the CTF to the San Joaquin River. The City is required to submit a renewal application and ROWD by March 31, 2026. Staff request approval of a PSA with RBI that will provide permit renewal and compliance support services, including assistance with negotiating new requirements and effluent limitations in the renewed NPDES permit.
FISCAL IMPACT:
The cost for RBI to provide NPDES Permit Renewal and Compliance Support services is $ 333, 726. Sufficient funds have been allocated in the approved fiscal year budget 2025-027 for RCP WW 26- 19 to pay for the cost of this study.
ATTACHMENTS:
A. Resolution to Approve a Professional Services Agreement with Robertson - Bryan, Inc. for Lathrop Consolidated Treatment Facility Discharge Permit Renewal and Compliance Support Services
B. Professional Services Agreement with Robertson - Bryan, Inc., to provide NPDES Permit Renewal And Compliance Support Services
236
CITY MANAGER' S REPORT PAGE 3
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSON - BRYAN, INC. FOR LATHROP CONSOLIDATED TREATMENT FACILITY
DISCHARGE PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES APPROVALS:
Jonah Winner
Compliance Engineer
Brad
City ETylor gineer
Cari Jaen e
Finance Di ' or
c7
Michael King
Assistant City Manager
60130/ ab
Date
6/ 36/ ii S
Date
7/ 0140g5
Date
7 •/• ZoZ5
Date
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
237
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSON - BRYAN, INC. FOR LATHROP CONSOLIDATED TREATMENT FACILITY
DISCHARGE PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES WHEREAS, the City owns and operates the Lathrop Consolidated Treatment Facility ( CTF); and
WHEREAS, the City has been issued a National Pollutant Discharge Elimination System ( NPDES) permit to discharge tertiary treated effluent wastewater from the CTF; and
WHEREAS, the permit is set to expire on March, 31, 2027 and City is required to submit an application to renew the NPDES permit by March 31, 2026; and WHEREAS, compliance with the NPDES Permit is essential to ensure that wastewater can be treated and discharged from the CTF to the San Joaquin River; and
WHEREAS, Robertson -Bryan, Inc. (RBI) has provided a proposal to provide NPDES Permit Renewal and Compliance Support Services; and WHEREAS, the cost for RBI to provide NPDES Permit Renewal and Compliance Support Services is $ 333, 726. Sufficient funds have been allocated in the approved fiscal year budget 2025-027 for RCP WW 26- 19 to pay for the cost of this proposal.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve a Professional Services Agreement ( PSA) with RBI in the amount of $ 333, 726 to provide NPDES permit renewal and compliance support services for RCP WW 26- 19, NPDES LCTF Compliance.
238
The foregoing resolution was passed and adopted this 14th day of July 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AST• FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 239
ATTACHMENT B
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES THIS AGREEMENT, dated for convenience this 14th day of July 2025, is by and between the City of Lathrop, a California municipal corporation (" CITY"), and Robertson - Bryan, Inc. ("CONSULTANT");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Consulting Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit "A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY. 2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 333, 726, for the Professional Consulting Services set forth in Exhibit "A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event 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.
Page
240
1 of 11
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES 3) Effective Date and Term
The effective date of this Agreement is July 14, 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) Auditing
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement.
CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the requirement. CONSULTANT further agrees to maintain such records for a period of three ( 3) years after final payment under this agreement.
Page
2412 of 11
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES 8) Assignment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities
and on the qualifications of CONSULTANT' sprincipals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, CONSULTANT' sAuthorized Representative: Paul Bedore 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,
project staff
and
prior
shall
to any
be notified
change.
by
CONSULTANT
CONSULTANT
shall
of any
assign
changes
only competent
of CONSULTANT' s
personnel
to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
9) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' Sauthorized representative.
CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative. 10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. 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, 000,00) each accident or disease. In the alternative, CONSULTANT may rely on a selfinsurance 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.
Page
242
3 of 11
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES b) Commercial General Insurance. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general insurance for the period covered by this Agreement in an amount not less than one million dollars ($ 1, 000,0) per occurrence, two million dollars ($ 2, 000,0) general aggregate, and two million dollars ($ 2, 000,00) products and completed operations aggregate for risks associated with the work contemplated by this Agreement. The general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall bedouble. 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.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 00 01 .
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 additional insureds 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) Coverage shall allow and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, and agents.
v) 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.
vi) Insurance is to be placed with California -admitted insurers with a Best' s rating of no less than A: VII.
vii) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
Page
243
4 of 11
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES c) Automobile Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 00 01 in an amount not less than one million dollars ($ 1, 000,00) each accident covering claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the use of owned, hired, and non -owned automobiles ( Code 1 Any Auto).
i) CITY, its officers, employees, agents, and volunteers are to be covered as additional insureds.
ii) Coverage shall allow and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, and agents.
d) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars 2, 000,00) per claim and in the aggregate covering the licensed professionals' errors and omissions, as follows:
i)
ii)
Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
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.
Page
244
5 of 11
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES
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.
e) 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' s authorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f)
g)
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, earliest
CONSULTANT
possible
shall
opportunity
provide written
and in
notice
no case
to
later
CITY
than
at CONSULTANT' S
five days after
CONSULTANT is notified of the change in coverage.
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.
Page
245
6 of 11
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
11) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' Swork hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform. Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession. CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
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CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES 15) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:
Copy to:
To Consultant:
17) Miscellaneous
City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
Robertson -Bryan, Inc.
3100 Zinfandel Dr., Suite 300
Rancho Cordova, CA 95670
Phone: ( 916) 714- 1801
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.
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CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether 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.
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CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p)
q)
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 19) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
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CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES Approved as to Form:
Recommended for Approval:
Approved by:
Resolution No.
Consultant:
City of Lathrop
City Attorney
Salvador Navarrete ` Date
City of Lathrop
City Engineer
Brad Taylor
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Date
Stephen J. Salvatore Date
City Manager
Robertson - Bryan, Inc.
3100 Zinfandel Dr., Suite 300
Rancho Cordova, CA 95670
Federal Tax ID # 68- 0460693
Business License # NLB- 001553- 2025
Signature Date
Print Name and Title
Signature Date
Print Name and Title
Page
250
11 of 11
EXHIBIT A
J ROBERTSON - BRYAN, Inc.
Solutions for Progress
May 23, 2025
DELIVERED BY EMAIL
Mr. Michael King
Assistant City Manager & Director of Public Works
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Proposal to Provide Professional Services for NPDES Permit Renewal and Compliance for the Lathrop Consolidated Treatment Facility Dear Mr. King:
As requested, please accept this proposal for Robertson -Bryan, Inc. (RBI) to provide services to the City of Lathrop ( City) to renew the National Pollutant Discharge Elimination System NPDES) permit for the Consolidated Treatment Facility ( CTF) during Fiscal Year 2025-026 July 1 — June 30) and assist with tasks necessary to monitor, evaluate, and report on -going compliance. An application to renew the NPDES permit is due March 31, 2026, and the application package must request and justify the dilution credits needed to facilitate compliance with various limitations in the NPDES permit. Maintaining compliance with the NPDES permit requires close coordination among staff from the City, Veolia, Pacific Advanced Civil Engineering, and RBI to work as a team. It also involves water quality monitoring, preparing routine self -monitoring reports ( SMRs), preparing permit -required progress and special reports, and other related tasks.
The scope of work provided below identifies the tasks that RBI will lead to prepare an application to renew the NPDES permit and tasks to assist with NPDES permit compliance.
Task 1: Compliance and Coordination Meetings
Task 2: Effluent and Receiving Water Monitoring
Task 3: Self -monitoring Reports ( eSMRs)
Task 4: NPDES Permit -required Annual Reports
Task 5: NPDES Permit Renewal Support
Task 6: Toxicity Compliance Support
Task 7: Regulatory Developments Tracking and Reporting
Task 8: General Compliance and Operational Support
Task 9: Recycled Water Assistance
Task 10: Project Management
3100 Zinfandel Drive, Suite 300 Phone 916. 714. 1801
Rancho Cordova, CA 95670 Fax 916. 714. 1804
www. robertson- btyan. com
251
Mr. Michael King
City of Lathrop
May 23, 2025
ri7 ROBERTSON - Bunn, Inc
Solutions for Progress
Task 11: Reimbursable Expenses
I. SCOPE OF WORK
TASK 1: COMPLIANCE AND COORDINATION MEETINGS
RBI will attend up to two meetings per month during the five -month recycled water reclamation season ( June —October; 10 meetings) and weekly meetings during the wet season November —May; 28 meetings) when the CTF is likely to be discharging to the San Joaquin River. Weekly coordination is necessary while discharging to the river because of the additional attention needed to comply with the NPDES permit. These meetings will be used by RBI staff to meet with City staff and its contractors/ consultants to coordinate efforts and obtain information associated with implementing this scope of work. For the purposes of the scope and budget for this task, 2. 0 hours are assumed each for two RBI staff members attending each meeting, which provides time for meeting preparation, participation, documenting meeting discussions, and post -meeting briefings of other parties not attending the meetings. RBI' sPrincipal - in -Charge is assumed to attend up to eight ( 8) meetings. All meetings will be virtual meetings ( i.e., MS Teams or Zoom).
TASK 2: EFFLUENT AND RECEIVING WATER MONITORING
Ensuring compliance with the NPDES permit Monitoring and Reporting Program involves the subtasks below.
Subtask 2. 1: Scheduling and Coordination
RBI will update and maintain the monitoring schedule spreadsheet used by RBI, the City, Veolia, and FGL. RBI will coordinate with these parties to ensure they are aware of upcoming sampling, identify issues with sampling dates, ensure bottles are on -hand, review chain of custodies, and other related issues.
Subtask 2.: Review and Compile Data
RBI will review monitoring results for routine CTF monitoring data tested at FGL to identify any quality assurance ( QA)/ quality control (QC) issues and investigate anomalous results through discussions with the City' scontract laboratory. RBI will copy FGL electronic data deliverables into a master spreadsheet to facilitate our review of SMRs.
Subtask 2. 3: Additional Services & Tools
RBI will support the City as needed with the City' s and Veolia' smonitoring efforts.
Assistance may involve revising the QA/C manual for field meters and sampling activities, advising on questions about NPDES permit monitoring, maintaining and assisting with the setup of a Hach WIMS database for monitoring data, updating field sheets or monitoring checklists, maintaining a Google sample tracking form and database, sending daily emails on sample collection status, updating the SCADA reporting tool, reviewing request for proposals for testing solicitations, and other activities.
252
Mr. Michael King
City of Lathrop
May 23, 2025
ROBERTSON - BRYAN, Inc
Solutions for Progress
TASK 3: SELF -MONITORING REPORTS ( SMRs)
RBI will assist the City with preparing and reviewing data files and cover letters for routine SMRs, which includes monthly, quarterly, and annual reports. RBI also will assist with preparation and review of the Discharge Monitoring Report ( DMR) that is required with each SMR submittal. Both the DMR and SMRs are uploaded to the California Integrated Water Quality System ( CIWQS) database. RBI will assist the City with preparing draft SMRs and will review draft SMR and DMR data files to ensure they contain the NPDES permit -required information, the calculated and analytical parameters are accurate, and the contents of the cover letter and any attachments are consistent with the reported data. RBI will work with the City to finalize the SMRs for upload to CIWQS and will coordinate with the City to ensure the SMRs are submitted and certified in CIWQS by the report due date. The City is responsible for conducting the final submittal and certification of SMRs in CIWQS. Hours budgeted are for providing assistance with SMRs/ DMRs for the following submittals.
Report Type Reporting Period Report Due Date
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
June 2025
July 2025
August 2025
September 2025
October 2025
November 2025
December 2025
January 2026
February 2026
March 2026
April 2026
May 2026
August 1, 2025
September 1, 2025
October 1, 2025
November 1, 2025
December 1, 2025
January 1, 2026
February 1, 2026
March 1, 2026
April 1, 2026
May 1, 2026
June 1, 2026
July 1, 2026
Quarterly
Quarterly
Quarterly
Quarterly
2nd Quarter 2025
3rd Quarter 2025
4th Quarter 2025
1St Quarter 2026
August 1, 2025
November 1, 2025
February 1, 2026
May 1, 2026
Annual Calendar Year 2025 February 1, 2026
TASK 4: NPDES PERMIT - REQUIRED ANNUAL REPORTS
RBI will prepare the following annual reports required by the NPDES permit. Draft reports will be prepared for review and comment by the City. The City' scomments will be incorporated into a final report for the City to submit to CIWQS.
Best Management Practices Plan for Salinity Annual Report due February 1, 2026 253
Mr. Michael King
City of Lathrop
May 23, 2025
ROBERTSON - BRYAN, Inc
Solutions for Progress
Mercury Pollution Prevention Plan Annual Report due February 1, 2026 RBI will review and provide comments on the following draft reports prepared by the City.
Annual Operations Report due February 1, 2026
Industrial Pretreatment Program Annual Report due February 1, 2026 TASK 5: NPDES PERMIT RENEWAL SUPPORT
The following tasks are necessary to prepare a complete Report of Waste Discharge ( ROWD), which is the application package for renewing the NPDES permit. These tasks will also allow RBI to advise the City of advanced actions that could better position the City for negotiating new requirements and effluent limitations of the renewed NPDES permit. The ROWD will request an increase in the permitted average dry weather flow discharge rate from 2. 5 MGD to
4. 5 MGD.
Task 5. 1: Reasonable Potential Analysis
The Central Valley Water Board makes determinations regarding the need for effluent limitations in an NPDES permit through a reasonable potential analysis ( RPA). Completing an RPA ahead of submitting the ROWD is informative because it gives the discharger advance notice of likely limitations, which can be useful if compliance strategies need to be developed or if a compliance schedule justification is needed as part of the ROWD submission. In addition, it provides a check on the RPA that permitting staff ultimately perform. RBI will conduct an RPA in accordance with current Central Valley Water Board procedures. The Central Valley Water Board utilizes a standardized MS Excel spreadsheet to conduct RPAs. RBI will utilize the data from the Effluent and Receiving Water Characterization monitoring conducted quarterly in 2024 to conduct the RPA and determine what, if any, new effluent limitations will be included in the renewed NPDES permit and identify the probability of compliance based on the effluent data set. The results of the RPA will be transmitted to the City in a technical memorandum.
Deliverable:
Reasonable Potential Analysis Results Technical Memorandum Task 5. 2: Dilution Credit and Mixing Zone Request
RBI will prepare a dilution credit and mixing zone justification request for the 4. 5 MGD permitted discharge rate for the following constituents:
Trihalomethane ( THM) compounds ( bromoform, chloroform, chlorodibromomethane, and dichlorobromomethane)
Barium
Chronic toxicity
254
Mr. Michael King
City of Lathrop
May 23, 2025
RoBERrson - BAT" Inc
Solutions for Progress
The dilution credit requests will be included as an appendix to the ROWD. The dilution credits will require computational modeling to determine the size of the mixing zone and effluent fractions in the receiving water downstream of the outfall under critical low -flow conditions.
The current NPDES permit grants dilution credit and a mixing zone for barium and THM compounds. The dilution credit developed for THMs incorporated hydraulic dilution and loss of THMs via volatilization within the San Joaquin River upon discharge from the CTF. The NPDES permit requires an updated dilution credit analysis for these constituents and the analysis is to rely on a site -specific study for THM volatilization. However, it is infeasible to conduct a site -specific study for THM compound volatilization in the San Joaquin River because CTF discharge rates and THM concentrations have not been sufficiently high to measure THM volatilization in the river downstream of the outfall. Consequently, the THM dilution credit will be developed using the best available information on THM volatilization in the San Joaquin River from studies previously implemented by RBI for the cities of Stockton and Turlock.
The CTF will also benefit from receiving dilution credit for new chronic toxicity requirements that will be implemented in the renewed permit pursuant to the current statewide toxicity policy.
Task 5. 3: Report of Waste Discharge
RBI will prepare the ROWD for renewal of the CTF NPDES permit by the March 31, 2026, due date. RBI will prepare the ROWD, which will consist of: (1) the required application forms ( Form 200, EPA Form 2A (NPDES), and EPA Form 2S ( Sludge Disposal); and ( 2) a facility and discharge characterization and supplemental information to support justification of NPDES permit limitations. The ROWD will address the following topics:
Service Area Description
Wastewater Treatment and Disposal Facilities
Biosolids Treatment and Disposal Facilities
Effluent Discharge Characterization
Source Control and Pollution Prevention
Bay -Delta Plan Southern Delta Salinity Objectives Requirements for Alternative Effluent Limitations for Electrical Conductivity
Requests for Renewed NPDES Permit ( e.g., increased discharge capacity, dilution credits, adjustments to Monitoring and Reporting Program) Appendices anticipated at this time include:
Application forms
Maps and Schematics
255
Mr. Michael King
City of Lathrop
May 23, 2025
I-' ROBERiWWM- BRYON, Inc
Solutions for Progress
Dilution Credits and Mixing Zones
A draft of the ROWD will be submitted to the City for review and comment. A final ROWD will be prepared that addresses the comments received from the City for submittal to the Central Valley Water Board. RBI will prepare the ROWD in PDF, as the Central Valley Water Board requires electronic file submittal.
Deliverable:
Report of Waste Discharge in PDF format
TASK 6: TOXICITY COMPLIANCE SUPPORT
RBI will assist the City with scheduling, coordination, and reviewing results of routine, quarterly whole effluent toxicity ( WET) testing required by the NPDES permit. RBI will advise the City on whether permit -required accelerated testing or a Toxicity Reduction Evaluation ( TRE) has been triggered. In the event a TRE is triggered by the routine bioassay results, the City must submit a TRE Action Plan to the Central Valley Water Board within 30 days. Budget is provided for RBI to prepare one ( 1) TRE Action Plan for the City to provide a timely submittal, should a TRE be triggered. RBI will provide a separate scope and budget to provide assistance beyond the hours budgeted herein in the event that additional effort is required to assist implementing routine testing, accelerated testing, or a TRE. We assume that the City will contract laboratory testing services separate from RBI' scontract and that Veolia operations staff will collect the effluent samples used for bioassay testing.
TASK 7: REGULATORY DEVELOPMENTS TRACKING AND REPORTING
The CTF is currently subject to several Central Valley Water Board initiatives, including CV - SALTS, the Delta Regional Monitoring Program, the Delta Mercury Control Program and Total Maximum Daily Load, Pyrethroid Control Program, and others. There may be other regulatory initiatives that the CTF would be affected by during FY25/ 26, including the State Water Resources Control Board' sClean Water Act section 303( d) listing process. As approved by the City, RBI will attend meetings for these initiatives, advocate for the City' s interest, and advise the City on these initiatives and their impacts on the CTF. RBI will cost share these efforts with other RBI clients when feasible. RBI' seffort on these activities is limited by the task budget.
TASK 8: GENERAL COMPLIANCE AND OPERATIONAL SUPPORT
As requested, RBI will provide general compliance and operational support to the City, including, but not limited to, the following items.
Responding to Notices of Violations received from the Central Valley Water Board Presence at Central Valley Water Board inspections of the CTF Review of design plans
THM compliance investigations
256
Mr. Michael King
City of Lathrop
May 23, 2025
77. 1781 ROBERTSON - BRYAN, Inc
Solutions for Progress
Chlorination/ dechlorination operational support
Effluent temperature compliance with the NPDES permit effluent limitations and the State' s Thermal Plan
Support in obtaining contractors for compliance or CTF- related services Feedback to the City on adjustments to SCADA, PLCs, and CTF treatment processes/ components to support NPDES permit compliance reporting Recycled water production under the NPDES permit and use throughout the City Sewer rate evaluation
Implementing the Industrial Pretreatment Program
RBI' seffort on these activities is limited by the task budget.
TASK 9: RECYCLED WATER ASSISTANCE
The City is exploring additional water sources to supplement its potable water system. RBI has facilitated meetings with the Central Valley Water Board and City management to evaluate options to utilize CTF recycled water to supplement this system, such as through an indirect potable reuse Aquifer Storage and Recovery ( ASR) project, as well as the discharge of recycled water into the San Joaquin River, followed by downstream re -diversion of river water containing the discharged effluent.
This task includes budgeted support for RBI to continue assisting the City with these investigations. Potential efforts may involve compiling additional data and regulatory information related to indirect potable reuse, ASR, or surface water augmentation; developing a high- level project description; and coordinating further meetings. RBI' s effort on these activities is limited by the task budget.
TASK 10: PROJECT MANAGEMENT
This task provides hours for RBI' sProject Manager and Principal -in -Charge to oversee and direct RBI staff efforts on each task. This task provides time for project coordination by phone, email, and video conference with project team members, budget and schedule tracking, invoicing, and other duties to coordinate/ administer the project.
TASK 11: REIMBURSABLE EXPENSES
This task provides budget to be used as needed for travel to and from the CTF or City offices and for other miscellaneous direct expenses such as specialized monitoring equipment used to investigate CTF issues ( e.g., temperature loggers). This task also includes budget for fees associated with utilizing RBI software licenses needed for modeling the NPDES permit mixing zones.
257
Mr. Michael King
City of Lathrop
May 23, 2025
I\ ROBERTSON - BRr ti, Inc.
Solutions for Progress
Additional Assumptions of this Scope of Work
The level of effort for this scope is limited to the hours budgeted. Should additional services be requested due to additional requests of Central Valley Water Board or City staff that are not identified herein, or should analyses of greater scope or depth than identified and budgeted herein be required, RBI will notify the City to discuss the extent of any out -of -scope services needed/ requested. Should out -of -scope services be requested by the City, RBI will submit a supplemental scope and fee proposal for those services.
II. SCHEDULE
RBI can begin providing professional services associated with the tasks defined herein upon receipt of a signed contract or written authorization to proceed.
III. CONTRACT AND BILLING ARRANGEMENT
RBI will complete the scope of work defined herein on a time -and -materials basis, with an authorized budget as shown in Attachment 1. RBI will not exceed the authorized budget amount without written approval. RBI will invoice the City monthly according its 2025 fee schedule in Attachment 2 for all work activities completed in July through December 15, 2025. RBI adjusts rates effective December 16th of each year and will invoice the City monthly according to its 2026 rate schedule for work activities completed from December 16, 2025, through June 30, 2026.
If you have any questions regarding this proposal, please do not hesitate to contact me at 916) 405- 8918. We look forward to continuing to assist the City with its NPDES permitting and compliance needs.
Sincerely,
Paul Bedore, M. S.
Director of Wastewater & Stormwater Regulatory Services Attachment 1: RBI Budget
Attachment 2: 2025 Fee Schedule
258
ATTACHMENT
1 RBI
BUDGET
Lathr
NPDES
PermitopRenewal &
Oompliance
Servic
es
aging Man Resource
S
eni or
Pr
oject
Project
Staff
Partner
Director
Associate
Associate
Engineer
II
Engineer
II
Scientist
I
Engineer
II
PROFESSIONAL TaSERVICES
sk Complia1:
an
nce
Cood rdinationMeetings
Task
Efflue2: annt Receivd
inWagMonitoring ter
Task
2. 1:
Scheduling
and
Coordination
Task
2.:
Review
Compileand
Data
Task
2. 3:
Se
Additional
rvices
Task
3: mo
Self -
nitoring
SM
Reports (
Rs)
Task
4:
NPDES
Permit -
required
Annual Reports
Task
5:
NPDES
Permit
Renewal Support Task Rea so5. 1:
Po
nable
tentialAnalysis
Task
5. 2:
Dilution
Credit
and
Mixing
Zone
Request
Task Re5. 3:
of Wa
port
Discha
ste
rge
Task
Tox6:
icComplianceity
Support
Task Regu7:
lato Devery
lopmen Tra
ts
ckin
g Repoand rtin
g
Task
8:
General Complian ceand
O perationa
l
Suppo
rt
Task
9:
Recycled
Water
Assistan
ce
Task
10:
Project
Managemen
t
Task
Re
11:
Expenseimbursable
s
CORM
IXSoftware
License
M
ileage
Miscellaneand
ous Equipme
nt
Michael B
an
8 2 1 2 2 2 4 8
16 24
Paul Bedore
76 12 8
20 2 2 6 8
10 24 40 2
56 Michelle Brown
8 8
16 24 10
Cameron Irvin
e
4 24 16
Cyle Moon
76 6
20 80 12 850 16
Kelly Valencia
6 28 60 60 40 15
T
eres a
Lo. ez
24 24 20 80 20 24 16
Matt Bu .
i
12 24 16 24
69 360
266 311
82, 726
66 300
19, 800 $
13, 200
44 300
268 292
78, 256
209 244
50, 996
208 222
46, 176 $
15, 732
76 207
Total
b
Staff. erson $
24, 840
TO
TAL
BUDGET $
333, 726
259
rihaMROBERTSON - BRYON, Inc
Solutions for Progress
ATTACHMENT 2
2025 FEE SCHEDULE
Charges for project work performed by Robertson -Bryan, Inc. (RBI) will be calculated and billed at the hourly rates shown below.
Professional Services
Managing Partner
Partner
Managing Principal Engineer/ Scientist
Principal Engineer/ Scientist
Resource Director
Associate
Senior Engineer/ Scientist II
Senior Engineer/ Scientist I
Project Engineer/ Scientist III
Project Engineer/ Scientist II
Project Engineer/ Scientist I
Staff Engineer/ Scientist II
Staff Engineer/ Scientist I
Technical Analyst
Graphics/ GIS
Laboratory Compliance Specialist
Administrative Assistant
Intern
Rate/ Hour
360. 00
352. 00
343. 00
325. 00
311. 00
300. 00
292. 00
278. 00
254. 00
244. 00
222. 00
207. 00
190. 00
178. 00
157. 00
153. 00
118. 00
73. 00
Up to ten percent ( 10%) of subcontractor charges will be added to cover administrative costs.
Hourly rates will be increased by a minimum of fifty percent ( 50%) for depositions, trials, and hearings. Rates will be adjusted annually. Rates are adjusted annually, effective December 16th
Invoicing and Payments
Invoices will be issued on a monthly basis for all work performed on a project. Payment is due upon receipt of the invoice.
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ITEM 4. 8
CITY MANAGER' SREPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONSTRUCTION CONTRACT WITH
CONSOLIDATED ENGINEERING, INC. FOR
CONSTRUCTION OF MANTHEY ROAD PAVEMENT
REHABILITATION, CIP PS 24- 06
RECOMMENDATION: Adopt Resolution to Approve a Construction Contract with Consolidated Engineering, Inc. for Construction
of Manthey Road Pavement Rehabilitation, CIP PS 24-
06 SUMMARY:
Capital Improvement Project ( CIP) PS 24- 06 Manthey Road Pavement Rehabilitation Project) was created to repair existing damaged pavement surface on Manthey Road from Stewart Road to Interstate 5 ( I-5) southbound off ramps. The Project scope of work includes grinding off the existing pavement surface, installing glass grid, 3" of new Hot Mix Asphalt overlay with shoulder backing, installing new thermoplastic striping, and constructing a drainage swale.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on June 12, 2025 and June 24, 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 eight ( 8) bids on July 8, 2025. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be Consolidated Engineering, Inc. (Consolidated Engineering) with a bid of $ 721, 362.
Staff request City Council approve a construction contract with Consolidated Engineering for construction of the Project in the amount of $ 721, 362 and authorize a 20% contingency of $ 144, 272 for a total construction budget of $865, 634.
Sufficient funds have been allocated within the approved Fiscal Year 2025-6 budget for CIP PS 24- 06 to fund the construction contract and a 20% contingency.
BACKGROUND:
Through field observations, staff assessed the conditions of Manthey Road from Stewart Road to I-5 southbound off ramps and determined the need for rehabilitation.
CIP PS 24- 06 was created to rehabilitate the deteriorated pavement surface along Manthey Road. The Project scope of work consist of grinding off the existing pavement surface, installing glass grid, 3" of new Hot Mix Asphalt overlay with shoulder backing, installing new thermoplastic striping, and constructing a drainage swale. 261
CITY MANAGER' S REPORT PAGE 2
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE CONSTRUCTION CONTRACT WITH CONSOLIDATED ENGINEERING, INC. FOR CONSTRUCTION OF MANTHEY ROAD PAVEMENT REHABILITATION, CIP PS 24- 06
The bid solicitation package with plans and specifications for the construction of the Project was advertised on June 12, 2025 and June 24, 2025, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
Eight ( 8) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Contractor Base Bid
Consolidated Engineering, Inc. 721, 36200
Tom Mayo Construction, Inc. 745,4400
Knife River Construction 756, 43500
Dirt Dynasty, Inc. 789, 28000
George Reed, Inc. 847, 91300
Granite Rock Company 897, 0000
United Pavement Maintenance, Inc. 949, 50950
Martin General Engineering, Inc. 1, 022, 86980
Staff reviewed and evaluated the bids and determined that the lowest responsive and responsible bidder is Consolidated Engineering. Staff request City Council adopt a resolution approving a construction contract to Consolidated Engineering for 721, 362. Staff is also requesting City Council authorize a 20% construction contingency of $ 144, 272 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total construction budget of $ 865, 634.
REASON FOR RECOMMENDATION:
Construction of CIP PS 24- 06 is needed to repair potholes, cracks, and restore the pavement structure of Manthey Road. Pavement rehabilitation is a proactive strategy to preserve infrastructure, reduce long- term costs, and ensure the safety and comfort of road users.
FISCAL IMPACT:
Sufficient funds have been allocated within the approved Fiscal Year 2025-6 budget for CIP PS 24- 06 to fund the construction contract and a 20% contingency.
ATTACHMENTS:
A. Resolution to Approve a Construction Contract with Consolidated Engineering, Inc. for Construction of Manthey Road Pavement Rehabilitation, CIP PS 24- 06 B. Construction Contract with Consolidated Engineering, Inc. for Construction of Manthey Road Pavement Rehabilitation, CIP PS 24- 06
262
CITY MANAGER' S REPORT PAGE 3
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE CONSTRUCTION CONTRACT WITH CONSOLIDATED ENGINEERING, INC. FOR CONSTRUCTION OF MANTHEY ROAD PAVEMENT REHABILITATION, CIP PS 24- 06
APPROVALS:
10. 2(
Angel Abarca Date
Assistant Engineer
Brad aylor
City En ineer
Can J
Director of F
Fete
7/ q/ acs
Date
9/ q 5
Date
7/ 9/ 105
Michel King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
263
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
TO APPROVE A CONSTRUCTION CONTRACT WITH CONSOLIDATED
ENGINEERING, INC. FOR CONSTRUCTION OF MANTHEY ROAD PAVEMENT REHABILITATION, CIP PS 24- 06
WHEREAS, Capital Improvement Project ( CIP) PS 24- 06 Manthey Road Pavement Rehabilitation ( Project) was created to repair existing damaged pavement surface on Manthey Road from Stewart Road to Interstate 5 ( I-5) southbound off ramps; and
WHEREAS, the Project scope of work includes grinding off the existing pavement surface, installing glass grid, 3" of new Hot Mix Asphalt overlay with shoulder backing, installing new thermoplastic striping, and constructing a drainage swale; and
WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on June 12, 2025 and June 24, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, the City Clerk received and opened eight ( 8) bids on July 8, 2025; and
WHEREAS, based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be Consolidated Engineering, Inc. (Consolidated Engineering) with a bid of $ 721, 362; and
WHEREAS, staff request City Council approve a construction contract with Consolidated Engineering for construction of the Project in the amount of $ 721, 362, authorize a 20% contingency of $144, 272for a total construction budget of $865, 634 and authorize staff to spend up to the amount of the contingency to accomplish the goals of the project; and
WHEREAS, sufficient funds have been allocated within the approved Fiscal Year 2025-6 budget for CIP PS 24- 06 to fund the construction contract and a 20% contingency.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Consolidated Engineering, Inc. for construction of Road Pavement Rehabilitation, CIP PS 24- 06 for a cost of 721, 362; and
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BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 20% construction contingency of $ 144, 272for a total construction budget of $865, 634 and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project.
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The foregoing resolution was passed and adopted this 14th day of July 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 266
Attachment
CONSTRUCTION CONTRACT
This Contract, dated July 14t'' 2025, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Consolidated Engineering, 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 MANTHEY ROAD PAVEMENT REHABILITATION, CIP PS 24- 06 (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:
grind and dispose existing pavement surface, install glass grid, 3" of new Hot Mix Asphalt overlay with shoulder backing, install new thermoplastic striping, construct a drainage swale, and any task necessary to accomplish the aforementioned tasks.
3. The work shall be completed within 30 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $721, 362
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and are hereby incorporated by reference ( i.e.
Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Consolidated Engineering, Inc. on July 8, 2025.
For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions. 267
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.
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 268
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' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
269
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.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
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1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' sobligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
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11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 272
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:
To Contractor:
Phone:
Fax:
ATTN:
City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Project Engineer
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16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
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13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
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Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Item List
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
Seal:
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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SECTION 00300
MANTHEY ROAD PAVEMENT REHABILITATION
CIP PS 24- 06
BID PROPOSAL FORMS
BID PROPOSAL FORMS
Exhibit A
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: MANTHEY ROAD PAVEMENT REHABILITATION, CIP PS 24- 06 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/ or Federal, 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
278
PS 24- 06 - Addendum No. 2
BID SCHEDULE
BID
ITEM
DESCRIPTION QUANT
ITY
UNITS
UNIT
PRICE
EXTENDED
TOTAL
2 1 Mobilization /
Traffic Control
Bonds / Insurance 1
1 LS
LS
3 3'00n"
Z DCC' 32
3 3
cz> n —
3 Prepare and Implement Stormwater
Pollution Prevention Plan ( SWPPP)
1 LS
1 C9cc S01-.)--
4 Lower and Raise Valve Covers 1 EA I •= 1 Cam- I S c — 5 Grind and Dispose Existing Asphalt 12, 630 SY Li - S'' bS' 20 - 6 6" Digouts as Shown Per Plans 9, 000 SF Li . '20 3- T8' Qf)- 7 8
Place
Place
HMA
Leveling
@ 3"
Course
Depth /
@ 2. 4"
Single
Depth
Lift 2, 410
220
TON
TON 1
2t9 -
11 "' 2
Z3SSCt' O
g - t- L4 Z0-
9 Install GlasGrid 88,00 SF c-E 12^ Ms72.-
10 Shoulder Backing 520 TON 2.. 9 - 15 ©8n —
11 Place HMA @ 3" Depth on
Driveways
180 TON 1 Z 0^ Z l &-
12 Construct New Drainage Swale per
Plans 2, 080 LF 4e, 5"s- I ppc( 04--
13 Thermoplastic Striping - Caltrans
Standard Detail 22 1, 750 LF Z -- 52 CO
14 Thermoplastic Striping - Caltrans Std.
Pln. A20, Detail 27B 8, 370 LF 3p 0 g 1 "
15 Thermoplastic Striping - Caltrans Std.
Pln. A20, Detail 38
100 LF 2. (0 Z. ( C) —
16 Thermoplastic Striping - 8" Yellow
Line Diagonal
110 LF 5 . 501 6.S
17 Thermoplastic Striping - 12" White
Line
154 LF cf 1 z 3 Z —
18 Thermoplastic Marking - STOP,
AHEAD Legends
7 EA 3Gg Z 5-- 74- .-
19 Signage as Shown per Plans 7 EA 7 26 — S' I5 -2• -
Thermoplastic
20 Marking - Type I
Arrow (24') (Thru) 2 EA 4 `r s - ct S' C.--
21 Thermoplastic Marking - Type IV
Arrow (Left or Right) 2 EA 3 "76 ^ 7 44O --
TOTAL BID 7Z 134. Z
TOTAL BID : " Z I 36. 2, on
TOTAL BID IN WORDS : EvEr4 t-i(. 1N Re - 0Vie' Ni `( a -C "1" (.. tC9 D 4 2e E tqvN,) 2ci7 5i ›e719 T' A.s'
279
PAGE LEFT
INTENTIONALLY
BLANK
280
ITEM 4. 9
CITY MANAGER' SREPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONSTRUCTION CONTRACT WITH GSE
CONSTRUCTION COMPANY, INC. FOR CTF PHASE 4
EXPANSION, CIP WW 25-6 AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution to Find that an Emergency Exists, Approve Construction Contract with GSE
Construction Company, Inc. for CTF Phase 4
Expansion, CIP WW 25-6 and Approve Budget
Amendment
SUMMARY:
The Consolidated Treatment Facility ( CTF) Phase 2 requires several months of maintenance, during which wastewater flow will be diverted to the soon -to -be - completed Phase 3. However, current flows ( 1. 7 Million Gallons per Day ( MGD)) are nearing Phase 3' s 2. 0 MGD capacity. To prevent exceeding the capacity of Phase 3, causing a public health and safety emergency, and to provide system redundancy, the CTF must be expanded before Phase 2 goes offline. The proposed CTF Phase 4 Expansion, CIP WW 25-6 (Phase 4), will add 2. MGD, ensuring that there is enough capacity to treat the wastewater flows.
Staff recommend Council declare an emergency and authorize immediate funding for Phase 4 construction to protect essential sewer services, per Lathrop Municipal Code
2. 36. 080 and Public Contract Code sections 1102, 20168, and 22050. Staff request approval of a $ 6, 784, 000 construction contract with GSE, plus a 10% contingency 678, 400), and a budget amendment transferring $ 2, 500, 000 from the MWQCF Collection Fund ( 6010), $ 1, 500, 0from the CTF MBR Sewer Fund ( 6080) and 4, 000,00 from the MBR Plant # 1 ( 6110) Capital Replacement to cover all project costs, including $ 537, 600 for additional future project expenses.
BACKGROUND:
On November 8, 2021, City Council approved a Professional Services Agreement PSA) with Pacific Advanced Civil Engineering, Inc. (PACE) for design of Phase 3, CIP WW 22- 38. City Council awarded a contract to GSE for the construction of the Project on August 12, 2024. Construction began on September 5, 2024, and is anticipated to be completed in spring of 2026.
Phase 3 was advanced to support development within the City, primarily River Islands who contributed 80% of the cost. With the completion of Phase 3, the CTF will have the capacity to process 4 MGD of wastewater.
281
CITY MANAGER' S REPORT PAGE 2
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE CONSTRUCTION CONTRACT WITH GSE CONSTRUCTION COMPANY, INC. FOR CTF PHASE 4 EXPANSION, CIP WW 25-6 AND APPROVE BUDGET
AMENDMENT
Phase 2 requires several months of maintenance, during which wastewater flow will be diverted to the soon -to -be -completed Phase 3. However, current flows ( 1. 7 MGD) are nearing Phase 3' s 2. 0 MGD capacity. To prevent exceeding the capacity of Phase 3, causing a public health and safety emergency, and to provide system redundancy, the CTF must be expanded before Phase 2 goes offline. The proposed Phase 4 will add 2. MGD, ensuring that there is enough capacity to treat the wastewater flows.
Staff negotiated with GSE and GSE agreed to honor the Phase 3 unit costs for Phase 4 for a total contract cost of $ 6, 784, 000. Since the unit costs were established in August of 2024, staff consider this cost to be competitive given that one year of inflation has not been applied.
The Phase 4 GSE contract will consist of building the two aeration tanks, underground piping and preparation of the headworks expansion only and staff will proceed diligently thereafter with the construction of the headworks and installation of other appurtenances.
Staff request Council find that an emergency exists that requires the City to undertake the immediate expenditure of public funds to construct Phase 4 to safeguard essential public sewer services pursuant to Lathrop Municipal Code
2. 36. 080 and Public Contract Code sections 1102, 20168, and 22050.
Staff also request Council approve a construction contract with GSE in the amount of 6, 784, 000plus a 10% contingency of $678, 400. In addition, staff request Council approve a budget amendment transferring $ 2, 500, 000 from the MWQCF Collection Fund ( 6010), $1, 500, 0from the CTF MBR Sewer Fund ( 6080) and $ 4, 000,00from the MBR Plant # 1 ( 6110) to the CIP Project Fund to fund the $ 6, 784, 000construction contract, the 10% contingency of $ 678, 400 and $ 537, 600 for additional future items that may come up during construction.
REASON FOR RECOMMENDATION:
To prevent exceeding the capacity of Phase 3 during the Phase 2 maintenance, causing a public health and safety emergency, and to provide system redundancy, the CTF must be expanded before Phase 2 goes offline. The proposed CTF Phase 4 Expansion, CIP WW 25-6 (Phase 4), will add 2. MGD, ensuring that there is enough capacity to treat the wastewater flows.
282
CITY MANAGER' SREPORT PAGE 3
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE CONSTRUCTION CONTRACT WITH GSE CONSTRUCTION COMPANY, INC. FOR CTF PHASE 4 EXPANSION, CIP WW 25-6 AND APPROVE BUDGET
AMENDMENT
FISCAL IMPACT:
Staff request a budget amendment transferring $ 2, 500, 000 from the MWQCF Collection Fund ( 6010), $ 1, 500, 0 from the CTF MBR Sewer Fund ( 6080) and 4, 000,00 from the MBR Plant # 1 ( 6110) to the CIP Project Fund to fund the 6, 784, 000 construction contract, a 10% contingency of $678, 400 and $ 537, 600 for additional future items that may come up during construction as detailed below:
Increase Transfer Out
6010- 9900-90- 9010
Increase Transfer Out
6080- 9900-90- 9010
Increase Transfer Out
6110- 9900-90- 9010
Increase Transfer In
6090- 900- 393- 0000 WW 25-6
Increase Appropriation
6090- 8000- 420- 12- 00 WW 25-6
ATTACHMENTS:
2, 500, 000
1, 500, 000
4, 000,00
8, 000,00
8, 000,00
A. Resolution to Find that an Emergency Exists, Approve Construction Contract with GSE Construction Company, Inc. for CTF Phase 4 Expansion, CIP WW 25- 26 and Approve Budget Amendment
B. Construction Contract with GSE Construction Company, Inc. for Construction of the CTF Phase 4 Expansion, CIP WW 25-6
283
CITY MANAGER' S REPORT PAGE 4
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE CONSTRUCTION CONTRACT WITH GSE CONSTRUCTION COMPANY, INC. FOR CTF PHASE 4 EXPANSION, CIP WW 25-6 AND APPROVE BUDGET
AMENDMENT
APPROVALS:
Brad aylor
City F gineer
Cari Ja
Finance Di ector
4C7/ V2bzs
Date
8/ 2o0,f
Date
Michael King Date
Assistant City Manager
Salvador Navarete
City Attorney
7•Z• LOZ.
Date
1 e • Zs
Step J. Salvatore Date
City Manager
284
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
TO FIND THAT AN EMERGENCY EXISTS, APPROVE CONSTRUCTION
CONTRACT WITH GSE CONSTRUCTION COMPANY, INC. FOR CTF PHASE 4 EXPANSION, CIP WW 25-6 AND APPROVE BUDGET AMENDMENT
WHEREAS, on November 8, 2021, City Council approved a Professional Services Agreement ( PSA) with Pacific Advanced Civil Engineering, Inc. (PACE) for design of the Lathrop Consolidated Treatment Facility ( CTF) Phase 3 Expansion, CIP WW 22- 38 (Phase 3). City Council awarded a contract to GSE Construction, Inc.
GSE) for the construction of the Project on August 12, 2024. Construction began on September 5, 2024, and is anticipated to be completed in spring of 2026; and WHEREAS, Phase 3 was advanced to support development within the City, primarily River Islands who contributed 80% of the cost. With the completion of the Phase 3 Expansion, the CTF will have the capacity to process 4 Million Gallons per Day ( MGD) of wastewater; and
WHEREAS, Phase 2 requires several months of maintenance, during which wastewater flow will be diverted to the soon -to -be -completed Phase 3. However, current flows ( 1. 7 MGD) are nearing Phase 3' s 2. 0 MGD capacity. To prevent exceeding the capacity of Phase 3, causing a public health and safety emergency, and to provide system redundancy, the CTF must be expanded before Phase 2 goes offline. The proposed Phase 4 will add 2. MGD, ensuring that there is enough capacity to treat the wastewater flows; and
WHEREAS, staff negotiated with GSE and GSE agreed to honor the Phase 3 unit costs for Phase 4 for a total contract cost of $ 6, 784, 000. Since the unit costs were established in August of 2024, staff consider this cost to be competitive given that one year of inflation has not been applied; and
WHEREAS, the Phase 4 GSE contract will consist of building the two aeration tanks, underground piping and preparation of the headworks expansion only and staff will proceed diligently thereafter with the construction of the headworks and installation of other appurtenances; and
WHEREAS, staff request Council find an emergency exists that requires the City to undertake the immediate expenditure of public funds to construct Phase 4 to safeguard essential public sewer services pursuant to Lathrop Municipal Code
2. 36. 080 and Public Contract Code sections 1102, 20168, and 22050; and WHEREAS, staff request Council approve a construction contract with GSE in the amount of $ 6, 784, 000 plus a 10% contingency of $ 678, 400 and authorize staff to spend up to the amount of the contingency to accomplish the goals of the project; and
285
WHEREAS, staff request Council approve a budget amendment transferring 2, 500, 000 from the MWQCF Collection Fund ( 6010), $1, 500, 0 from the CTF MBR Sewer Fund ( 6080) and $ 4, 000,00from the MBR Plant # 1 ( 6110) to the CIP Project Fund to fund the $ 6, 784, 000 construction contract, a 10% contingency of $678, 400 and $ 537, 600 for miscellaneous items that may come up during construction as follows:
Increase Transfer Out
6010- 9900-90- 9010
Increase Transfer Out
6080- 9900-90- 9010
Increase Transfer Out
6110- 9900-90- 9010
Increase Transfer In
6090- 900- 393- 0000 WW 25-6
Increase Appropriation
6090- 8000- 420- 12- 00 WW 25-6
2, 500, 000
1, 500, 000
4, 000,00
8, 000,00
8, 000,00
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby finds that an emergency exists that requires the City to undertake the immediate expenditure of public funds to construct Phase 4 to safeguard essential public sewer services pursuant to Lathrop Municipal Code 2. 36. 080 and Public Contract Code sections 1102, 20168, and 22050; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves approve a construction contract with GSE in the amount of 6, 784, 000 plus a 10% contingency of $ 678, 400 and authorize staff to spend up to the amount of the contingency to accomplish the goals of the project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 2, 500, 000 from the MWQCF Collection Fund ( 6010), $1, 500, 0 from the CTF MBR Sewer Fund ( 6080) and 4, 000,00 from the MBR Plant # 1 ( 6110) to the CIP Project Fund to fund the 6, 784, 000 construction contract, a 10% contingency of $678, 400and $ 537, 600 for miscellaneous items that may come up during construction as detailed above. 286
The foregoing resolution was passed and adopted this 14th day of July 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 287
SECTION 00500
Attachment
a ( 3
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
CONSTRUCTION CONTRACT
This Contract, dated July 14, 2025 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and GSE Construction Company, Inc., Contractor), whose Taxpayer Identification Number is 94- 2667247.
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 CTF PHASE 4 EXPANSION, CIP WW 25-6 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to construction of (2) aeration tanks, underground piping and preparation of the headworks expansion.
Following issuance of Notice to Proceed, the Project shall be completed as follows:
Phase Four Operational: within 220 Working Days
Completion of Project: within 250 Working Days
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: $6, 784, 000 (Six Million, Seven Hundred Eighty -Four Thousand 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 GSE Construction Company, Inc. For the purposes of construing, interpreting and resolving inconsistencies between the 00500- 1
288
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
provisions of this Contract, these documents and the provisions thereof are set forth in the order ofprecedence 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' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' 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.
00500- 2
289
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
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. Com 3liance 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. 5is 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 00500- 3
290
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4and 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 ofthe 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' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates 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 00500- 4
291
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1)A certified copy of an employee' 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 00500- 5
292
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date 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;
00500- 6
293
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
8)
9)
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to
award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term ofthis 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.
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CIP WW 25-6
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
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. 00500- 8
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7)
8)
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.
Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day 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 00500- 9
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in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. 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.
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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 and General Conditions Certification of insurance, performance and payment bonds, and worker' s compensation
certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Brad Taylor, City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
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SECTION 00300
CTF PHASE 4 EXPANSION BID PROPOSAL FORMS
CIP WW 25-6
TO:
BID PROPOSAL FORMS
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: CTF PHASE 4 EXPANSION, CIP WW 25-6
EXHIBIT A
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 if this 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/ or Federal, 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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BID PROPOSAL FORMS
CTF PHASE 4 EXPANSION, CIP WW 25-6
BASE BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
A. General Conditions
1 Mobilization / Bonds / Insurance 1 LS 254, 500 254, 500 2 Implement City -Provided SWPPP 1 LS 0 0
3 General Conditions 1 LS 124, 500 124, 500
4 Jobsite Trailer for City' s Con Mgr., per
Spec. Sec. 01510
1 LS 11, 200 11, 200
5 General Items Not Included Above 1 LS 0 0
SUBTOTAL A 390, 20
B. Civil Works Including Labor
6 Demolition 1 LS 3, 800 3, 800
7 Dewatering, Excavation, Backfill 1 LS 491, 500 491, 500 8 Painting and Waterproofing 1 LS 44, 000 44, 000
9 New Headworks 1 LS 758, 000 758, 000
10 Yard Piping 1 LS 492, 000 492, 000
11 Structural Concrete 1 LS 3, 088,00 3, 088,00
SUBTOTAL B 4, 877, 300
C. Mechanical Equipment
12 Misc. Mech. Piping, Tubing, Sleeves 1 LS 409, 500 409, 500 13 Beams, Catwalks, Guiderails, and
Grating
1 LS 567, 000 567, 000
SUBTOTAL C 976, 500
D. Electrical Equipment
14 Yard Electrical Power 1 LS 253, 000 253, 000
15 Yard Electrical Control 1 LS 253, 000 253, 000
16 Local Conduit/ Wire, Pull/ Gutter Boxes,
Disconnects - — Square D or equal
1 LS 34, 000 34, 000
SUBTOTAL D 540, 00
TOTAL BASE BID (A+B+C+D): $6, 784, 000
TOTAL BASE BID IN WORDS: Six Million Seven Hundred Eighty -Four Thousand Dollars 00300- 2
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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 re' ection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' s name and address:
2) Bidder' stelephone number:
3) Bidder' sfax number:
4) Bidder' s Contractor' sLicense ( Class):
License No.:
Expires:
5) Person who inspected site of proposed work for Contractor' sfirm:
Name: Date of Inspection:
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LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' sTotal Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing "Not Applicable" in the list below.
1. 2.
3. 4.
5. 6.
7. 8.
9. Work to be Performed
Subcontractor
License Percent of
Number Total Contract Subcontractor' sName & Address
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Respectfully Submitted,
Dated Legal Name of Firm
Signature of Authorized Representative
Seal)
IfBidder is a corporation, show State in which incorporated.) 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.
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GENERAL CONDITIONS
ARTICLE 1 -- DEFINITIONS
Wherever used in these General Conditions, Special Conditions, General Requirements, Technical Specifications, Construction Documents or in any other part of these specifications the following terms have the meanings indicated:
Addenda - Written or graphic instruments issued prior to the opening of Bids, which make additions, deletions, or revisions to the Construction Documents.
A lication for Payment - The form furnished by the CITY which is to be used by the CONTRACTOR to request progress or final payment and which includes such supporting documentation as is required by the Construction Documents.
Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price or prices for the WORK.
Bonds - Bid, Performance, and Payment Bonds and other instruments, which protect against loss due to inability or refusal of the CONTRACTOR to perform its Contract.
Change Order - A document recommended by the ENGINEER, which is signed by the CONTRACTOR and the CITY and authorizes an addition, deletion, or revision in the WORK, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Contract.
CITY - The public body or authority, corporation, association, firm, or person with whom the CONTRACTOR has entered into the Contract and for whom the WORK is to be provided. Said public body is The City of Lathrop, located at 390 Towne Centre Drive, Lathrop, California 95330.
CITY' S REPRESENTATIVE — Contract construction manager or City personnel at the City' s discretion.
City Engineer — The City Engineer is the City Engineer of the City of Lathrop.
Construction Documents - The Notice to Contractors, Instructions to Bidders, Bid Forms including the Bid, Bid Schedule( s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits), Contract, Performance Bond, Payment Bond, General Conditions, Supplementary Conditions, Technical Specifications, Drawings, and all addenda, and change orders executed pursuant to the provisions of the Construction Documents.
Contract - The written contract between the CITY and the CONTRACTOR covering the WORK to be performed; when other documents are attached to the Contract they become part of the contract.
Contract Price - The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Construction Documents.
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Contract Time - The number of successive calendar days stated in the Construction Documents for the completion of the WORK.
CONTRACTOR - The person, firm, or corporation with whom the CITY has executed the Contract.
COST OF WORK — The sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment in the proper performance of extra work.
Day - A calendar day of 24 hours measured from midnight to the next midnight.
Defective Work - Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Construction Documents or the State Standard Specifications; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Construction Documents; or work that has been damaged prior to the ENGINEER' Srecommendation of final payment.
Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show the character, location, nature, extent, and scope of the WORK and which have been prepared by the ENGINEER and are referred to in the Construction Documents. Shop Drawings are not Drawings as so defined.
Effective Date of the Contract - The date indicated in the Contract on which it was executed, but if no such date is indicated it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.
ENGINEER — The person, firm, or corporation responsible for plan preparation and named as such in the Construction Documents.
Field Order - A written order issued by the City, which may or may not involve a change in the WORK.
Inspector — The person, firm, or corporation, as designated by the CITY as responsible for determining whether or not the WORK is constructed in accordance with the Construction Documents.
Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes, and/ or orders promulgated by a
lawfully constituted body authorized to issue such Laws and Regulations.
Notice of Award - The written notice by the CITY to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein within the time specified, the CITY would enter into a Contract.
Notice to Proceed - The written notice issued by the CITY to the CONTRACTOR authorizing the CONTRACTOR to proceed with the WORK and establishing the date of commencement of the Contract Time.
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Owner — The Owner is the City of Lathrop located at 390 Towne Centre Drive, Lathrop, California 95330.
Partial Completion - Placing a portion of the WORK in service for the purpose for which it is intended ( or a related purpose) before reaching Substantial Completion of the WORK.
Project - The total construction of which the WORK to be provided under the Construction Documents, may be the whole, or a part thereof.
Project Engineer — Who is the ENGINEER' SAgent, will act as directed by and under the supervision of the ENGINEER and will confer with the ENGINEER regarding its actions.
Project Manager - The authorized representative of the City who is assigned to manage the Project.
Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the CONTRACTOR and submitted by the CONTRACTOR to illustrate some portion of WORK and all illustrations, brochures, standard schedules, performance charts, instructions, and diagrams to illustrate material or equipment for some portion of the WORK.
Standard Plans - The latest edition of the Standard Plans of the State of California, Department of Transportation. Any reference therein to the State of California or a State agency, office or officer shall be interpreted to refer to the City of Lathrop or its corresponding agency, office or officer acting under this contract.
Standard Specifications - The latest edition of the Standard Specifications of the State of California, Department of Transportation. Any reference therein to the State of California or a State agency, office or officer shall be interpreted to refer to the City of Lathrop or its corresponding agency, office or officer acting under this contract. Only those specific sections of the Standard Specifications that are referenced shall be incorporated into the Construction Documents.
Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the WORK at the site.
Substantial Completion - Refers to when the WORK has progressed to the point where, in the opinion of the ENGINEER as evidenced by the Certificate of Substantial Completion/ Noticeof Completion as applicable, it is sufficiently complete, in accordance with the Construction Documents, so that the WORK can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with Paragraph 14. 8. The terms " substantially complete" and " substantially completed" as applied to any work refers to substantial completion thereof.
Supplementary Conditions - The part of the Construction Documents, which make additions, deletions, or revisions to these General Conditions.
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Supplier - A manufacturer, fabricator, supplier, distributor, material man, or Contractor.
Technical Specifications - Those portions of the Construction Documents consisting of the General Requirements and Technical Requirements.
Underground Utilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: water, sewage and drainage removal, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic, or other control systems.
WORK - The entire completed construction required to be furnished under the Construction Documents. WORK is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Construction Documents.
ARTICLE 2 -- PRELIMINARY MATTERS
2. 1 Delivery of Bonds/ Insurance Certificates
A. When the CONTRACTOR delivers the signed Contracts to the CITY, the CONTRACTOR shall also deliver to the CITY such Bonds and Insurance Policies and Certificates as the CONTRACTOR may be required to furnish in accordance with the Construction Documents.
2. Copies of Documents
A. The CITY will send two (2) copies of the Contract to the Contractor for signature. After signing and returning both copies, the CITY shall furnish to the Contractor one ( 1) original copy of the executed Contract.
2. 3 Commencement of Contract Time; Notice to Proceed
A. The Contract Time will start to run on the commencement date stated in the Notice to Proceed.
2. 4 Starting the Project
A. The CONTRACTOR shall begin to perform the WORK within 10 working days after the commencement date stated in the Notice to Proceed, but no work shall be done at the site prior to said commencement date.
B. Before undertaking each part of the WORK, the CONTRACTOR shall carefully study and compare the Construction Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to the CITY any conflict, error, or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from the CITY/ ENGINEER before proceeding with any work affected thereby. 00700- 4
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C. The CONTRACTOR shall submit to the CITY for review by the CITY/ ENGINEER those documents called for under Section entitled " Contractor Submittals" in the General Requirements.
2. 5 Subcontract Limitations
The CONTRACTOR shall perform not less than 30 percent of the Work with its own forces ( i.e., without subcontracting). The 30 percent requirement shall be understood to refer to the Work, the value of which totals not less than 30 percent of the Contract Price.
2. 6 Pre -Construction Conference
A. A pre -construction conference attended by the CONTRACTOR, the CITY and others as appropriate will be held to discuss the WORK in accordance with the applicable procedures specified in the General Requirements. The CONTRACTOR shall submit the Project Schedule at this meeting.
2. 7 Finalizing Schedules
A. At least 7 days before submittal of the first Application for Payment a conference attended by the CONTRACTOR, the CITY, and others as appropriate will be held to finalize the schedules submitted in accordance with the General Requirements.
2. 8 Hours of Work
A. The CONTRACTOR shall schedule an 8 -hour workday between the hours of 7: 00 a. m. and 6: 00 p. m. on Monday through Friday unless otherwise approved by the CITY or modified in the Supplementary Conditions. No work requiring City inspection shall be allowed outside of normal working hours, or on weekends or holidays without written authorization of the CITY. Normal working hours are defined as being Monday through Friday, 8: 00 a. m. to 5: 00 p. m.
2. 9 City Furnished Materials
A. The CITY will not furnish any materials for this project. All materials required for the successful performance of this contract shall be furnished by the Contractor unless modified in the Supplementary Conditions.
ARTICLE 3 -- CONSTRUCTION DOCUMENTS: INTENT, AMENDING, REUSE
3. 1 Intent
A. The Construction Documents comprise the entire contract between the CITY and the CONTRACTOR concerning the WORK. The Construction Documents are complementary; what is called for by one is as binding as if called for by all. The 00700- 5
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Construction Documents will be construed in accordance with the law of the place of the State of California and local municipal codes and regulations.
B. It is the intent of the Construction Documents to describe the WORK, functionally complete, to be constructed in accordance with the Construction Documents. Any work, materials, or equipment that may reasonably be inferred from the Construction Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well- known technical or trade meaning are used to describe work, materials, or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code ( whether or not specifically incorporated by reference in the Construction Documents) shall be effective to change the duties and responsibilities of the CITY, the CONTRACTOR, or the ENGINEER or any of their consultants, agents, or employees from those set forth in the Construction Documents.
C. If, during the performance of the WORK, the CONTRACTOR finds a conflict, error, or discrepancy in the Construction Documents, the CONTRACTOR shall so report to the CITY in writing at once, and before proceeding with the work affected thereby, shall obtain a written interpretation, clarification, or correction from the ENGINEER.
3. 2 Order of Precedence of Construction Documents
A. In resolving conflicts resulting from conflicts, errors, or discrepancies in any of the Construction Documents, the order of precedence shall be as follows:
1. Change orders
2. Contract
3. Addenda
4. CONTRACTOR' SBid (Bid Form)
5. Supplementary Conditions
6. Notice Inviting Bids
7. Instructions to Bidders
8. General Conditions
9. Technical Specifications
10. Referenced Standard Specifications
10a. Caltrans Standard Specifications
10b. Lathrop Design & Construction Standards
11. Drawings
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B. With reference to the Drawings the order of precedence is as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda/ change order drawings govern over Contract Drawings
4. Contract Drawings govern over standard drawings
3. Amending and Supplementing Construction Documents
A. The Construction Documents may be amended to provide for additions, deletions, and revisions in the WORK or to modify the terms and conditions thereof by a Change Order pursuant to Article 10).
3. 4 Reuse of Documents
A. Neither the CONTRACTOR, nor any Subcontractor or Supplier, nor any other person or organization performing any of the WORK under a contract with the CITY shall have or acquire any title to ownership rights in any of the Drawings, Technical Specifications, or other documents used on the WORK, and they shall not reuse any of them on the extensions of the Project or any other project without written consent.
3. 5 Conflicts within Construction Documents
A. Should the Construction Documents contain conflicts and/ or contradictions, the more stringent shall apply at the CITY' sdiscretion.
ARTICLE 4 -- AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS
4. 1 Availability of Lands
A. The CITY shall furnish, as indicated in the Construction Documents, the lands upon which the WORK is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise provided in the Construction Documents.
Nothing contained in the Construction Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands or rights -of -way provided. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment; provided, that the CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of said
easement furnished to the CITY' S REPRESENTATIVE prior to said use; and, neither the CITY nor the ENGINEER shall be liable for any claims or damages resulting from the CONTRACTOR' Sunauthorized trespass or use of any such properties. 00700- 7
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4. 2 Physical Conditions - Subsurface and Existing Structures A. Explorations and Reports: Reference is made to the Paragraph entitled " Physical Conditions" of the Supplementary Conditions for identification of those reports of explorations and tests of sub- surface conditions at the site that have been utilized by the ENGINEER in the preparation of the Construction Documents. The CONTRACTOR may rely upon the accuracy ofthe technical data contained in such reports, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with non -technical data, interpretations, and opinions contained in such reports or the completeness thereof is the responsibility of the CONTRACTOR.
B. Existing Structures: Reference is made to the Paragraph entitled " Physical Conditions" of the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures except Underground Utilities referred to in Paragraph 4. herein) which are at or contiguous to the site that have been utilized by the ENGINEER in the preparation of the Construction Documents. The CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with non -technical data, interpretations, and opinions contained in such drawings or the completeness thereof is the responsibility of the CONTRACTOR.
4. 3 Differing Site Conditions
A. The CONTRACTOR shall notify the CITY' S REPRESENTATIVE in writing of the following unforeseen conditions, hereinafter called differing site conditions, promptly upon their discovery ( but in no event later than 14 days from the discovery) and before they are disturbed:
1. Subsurface or latent physical conditions at the site of the WORK differing materially from those indicated, described, or delineated in the Construction Documents including those reports and documents discussed in Paragraph 4.2; and.
2. Unknown physical conditions at the site of the WORK of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Construction Documents including those reports and documents discussed in Paragraph 4. 3.
B. The CITY' S REPRESENTATIVE will review the pertinent conditions and determine the necessity of obtaining additional explorations or tests with respect thereto.
C. If the CITY' S REPRESENTATIVE concludes that because of newly discovered conditions a change in the Construction Documents is required, a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the difference.
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D. In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. If the CITY and the CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefore as provided in Articles 11 and 12.
E. The CONTRACTOR' Sfailure to give notice of differing site conditions within 14 days of their discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature.
4. Physical Conditions — Underground Utilities
A Shown or Indicated: The information and data shown or indicated in the Construction Documents with respect to existing Underground Utilities at or contiguous to the site are based on information and data furnished to the ENGINEER by the CITY, Underground Utility Companies or by others. Unless it is expressly provided in the Supplementary Conditions and/ orthe Section entitled " Protection and Restoration of Existing Facilities" of the General Requirements, the CITY and the ENGINEER shall not be responsible for the accuracy or completeness of any such information or data, and the CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Utilities shown or indicated in the Construction Documents, for coordination of the WORK with Underground Utility Companies during construction, for the safety and protection thereof and repairing any damage thereto resulting from the WORK, the cost of which will be considered as having been included in the Contract Price.
B. Not Shown or Indicated: If an Underground Utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Construction Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, the CONTRACTOR shall identify to the CITY' S REPRESENTATIVE such Underground Utility and give written notice thereof in accordance with the requirements of the Supplementary Conditions and Section entitled " Protection and Restoration of Existing Facilities" of the General Requirements.
4. 5 Reference Points
A. The ENGINEER will provide the CONTRACTOR with drawings showing benchmarks and reference points as it deems necessary to establish lines and grades required for the completion of the Site Work specified in the Contract Documents.
The CONTRACTOR shall make or furnish all surveys and set all construction stakes necessary for the completion of the work.
B. The CONTRACTOR shall preserve all bench marks, stakes, and other survey marks, and in case of their removal or destruction by its own employees or by its subcontractor' s
employees, the CONTRACTOR shall be responsible for the
accurate replacement of such reference points by professionally qualified personnel.
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4. 6 Asbestos, Hazardous Waste, or Toxic or Radioactive Materials A. If the CONTRACTOR observes, uncovers, or otherwise becomes aware of any asbestos, hazardous waste, or toxic or radioactive material at the site to which the CONTRACTOR or any Subcontractor, Supplier, or other person may be exposed, the CONTRACTOR shall immediately notify the CITY' S REPRESENTATIVE and thereafter confirm any oral notice in writing. The CITY' S REPRESENTATIVE shall promptly consult with the ENGINEER and the CONTRACTOR concerning such condition and determine the necessity of CITY' S retaining special consultants or qualified experts to deal therewith.
The CONTRACTOR shall not perform any work in connection therewith prior to receipt of special written instructions from the CITY' SREPRESENTATIVE.
ARTICLE 5 -- BONDS AND INSURANCE
5. 1 Performance and Other Bonds
A. The CONTRACTOR shall furnish a satisfactory Performance Bond in the amount of 100 percent of the Contract Price, a Payment Bond in the amount of 100 percent of the Contract Price, and a Warranty Bond in the amount of 10 percent of the final Contract Price
obligations
as security
under
for
the
the
Construction
faithful performance
Documents.
and
The
payment
Warranty
of
Bond
all the
shall
CONTRACTOR' S
remain in effect
at least until one year after the date of Acceptance of Public Improvements by the City as applicable, except as otherwise provided by Law or Regulation or by the Construction Documents. The CONTRACTOR shall also furnish such other Bonds as may be required by the Supplementary Conditions.
B. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, the CONTRACTOR shall within 7 days thereafter substitute another Bond and Surety, which must be acceptable to the CITY.
5. 2 Insurance
A. Category 3 " High Risk"
Insurance Requirements
i. Commercial General Liability
a. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($ 5, 000,00) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. Contractor' sgeneral liability policies shall be primary and shall not seek contribution from the City' s coverage, and be endorsed using Insurance Services Office form CG 20 10 ( or equivalent) to provide that City and its 00700- 10
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officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 ( or equivalent), is also required.
b. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided the City.
c. Coverage shall state that Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' sliability.
d. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Contractor shall provide auto liability coverage for owned, non -owned, and hired autos using ISO Business Auto Coverage form CA 00 01 ( or equivalent) with a limit of no less than five million dollars ($ 5, 000,00) per accident. iii. Workers' Compensation and Employers' Liability- Statutory Liability
a. Contractor
Insurance
shall
with
maintain
limits of
Workers'
at least one
Compensation
million dollars ($
Insurance
1, 000,
and Employer' s
000). Contractor
shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Coverage can be waived by city, if Contractor, in writing, confirms not required to carry coverage)
iv. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty ( 30) days' prior written notice has been given to the City, except that ten ( 10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self- insurance, self -insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Contractor must agree to provide complete, certified copies of all required insurance policies ifrequested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating ofA- VII or higher. 007001 1
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e. Subcontractors and Consultants - A category ofrisk and the applicable insurance requirements will be determined on a " per subcontractor" or " per consultant" basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Contractor.
ARTICLE 6 -- CONTRACTOR' SRESPONSIBILITIES
6. 1 Supervision and Superintendence
A. The CONTRACTOR shall supervise and direct the WORK competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the WORK in accordance with the Construction Documents. The CONTRACTOR shall be responsible for the means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incidental thereto. The CONTRACTOR shall be responsible to see that the finished WORK complies accurately with the Construction Documents.
B. The CONTRACTOR shall designate in writing and keep on the work site at all times during its progress the technically qualified, English- speaking superintendent proposed by the CONTRACTOR in its bid and who shall not be replaced without written notice to the CITY. The superintendent will be the CONTRACTOR' Srepresentative at the site and shall have authority to act on behalf of the CONTRACTOR. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR. The CONTRACTOR shall issue all its communications to the CITY' SREPRESENTATIVE.
C. The CONTRACTOR' S
supervisor or superintendent shall be present at the site of the WORK at all times while work is in progress. Failure to observe this requirement shall be considered as suspension of the WORK by the CONTRACTOR until such time as such supervisor or superintendent is again present at the site.
6. 2 Labor, Materials, and Equipment
A. The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the WORK and perform construction as required by the Construction Documents.
The CONTRACTOR shall furnish, erect, maintain, and remove the construction plant and any temporary works as may be required. The CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Construction Documents, all work at the site shall be performed during regular working hours, and the CONTRACTOR will not permit overtime work or the performance of work on Saturday, Sunday, or any legal State, Federal or CITY holiday without the written consent of the CITY' S REPRESENTATIVE.
B. Except as otherwise provided in this Paragraph, the CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of 8 hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may 00700- 12
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be required under emergency conditions and may be ordered by the CITY' S REPRESENTATIVE in writing. Additional compensation will be paid the CONTRACTOR for overtime work only in the event the CITY' S REPRESENTATIVE orders extra work and the change order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality.
C. All costs of inspection and testing performed during overtime work or on Saturday, Sunday, or any legal holiday by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR. The CITY shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due to the CONTRACTOR.
D. Unless otherwise specified in the Construction Documents, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start- up, and completion of the WORK.
E. All materials and equipment to be incorporated into the WORK shall be of good quality and new, except as otherwise provided in the Construction Documents. All Suppliers' warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of the CITY. If required by the CITY' S REPRESENTATIVE, the CONTRACTOR shall furnish satisfactory evidence ( including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Construction Documents; but no provisions of any such instructions will be effective to assign to the CITY, or any of the CITY' sconsultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the WORK or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.C and
9.D.
6. 3 Adjusting Progress Schedule
A. The CONTRACTOR shall submit any adjustments in the progress schedule to the CITY' S REPRESENTATIVE for acceptance in accordance with the provisions for Contractor Submittals" in the General Requirements.
6. 4 Substitutes or " Or -Equal" Items
A. The CONTRACTOR shall submit proposed substitutes or " or -equal" items in accordance with the provisions for " Contractor Submittals" in the General Requirements. 00700- 13
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6. 5 Concerning Subcontractors, Suppliers, and Others
A. The CONTRACTOR shall be responsible to the CITY and the ENGINEER for the acts and omissions of its subcontractors and their employees regardless of tier to the same extent as CONTRACTOR is responsible to the CITY and the ENGINEER for the acts and omissions of its own employees. Nothing contained in this Paragraph shall create any contractual relationship between any subcontractor and the CITY or the ENGINEER nor relieve the CONTRACTOR of any liability or obligation under the prime Contract.
6. Permits
A. Contractor shall furnish the City a copy of a valid, current City of Lathrop Business License prior to the commencement of the work. Details may be found at https:// www. ci. lathrop. ca. us/ documents.
B. Unless otherwise provided in the Supplementary Conditions, the CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and bonds ifrequired by such agencies.
The enforcement of such requirements under this Contract shall not be made the basis for claims for additional compensation. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK, which are applicable at the time of opening of Bids. The CONTRACTOR shall pay all utility charges for connections to the WORK.
C. The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the WORK or the incorporation in the WORK of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Construction Documents for use in the performance of the WORK and if to the actual knowledge of the CITY or the ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the CITY in the Construction Documents. The CONTRACTOR shall indemnify, defend and hold harmless the CITY and the ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses ( including attorneys' fees and court costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the WORK or resulting from the incorporation in the WORK of any invention, design, process, product, or device not specified in the Construction Documents, and shall defend all such claims in connection with any alleged infringement of such rights.
6. 7 Laws and Regulations
A. The CONTRACTOR shall observe and comply with all federal, state, and local laws, ordinances, codes, orders, and regulations which in any manner affect those engaged or employed on the WORK, the materials used in the WORK, or the conduct of the 00700- 14
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WORK. If any discrepancy or inconsistency should be discovered in this Contract in relation to any such law, ordinance, code, order, or regulation, the CONTRACTOR shall report the same in writing to the CITY' S REPRESENTATIVE. The CONTRACTOR shall indemnify, defend, and hold harmless the CITY, the ENGINEER, and their officers, agents, and employees against all claims or liability arising from violation of any such law, ordinance, code, order, or regulation, whether by CONTRACTOR or by its employees or subcontractors. Any particular law or regulation specified or referred to elsewhere in the Construction Documents shall not in any way limit the obligation of the CONTRACTOR to comply with all other provisions of federal, state, and local laws and regulations. Where an individual State acts on occupational safety and health standards has been approved by Federal authority, then the provisions of said State act shall control.
6. 8 Taxes
A. The CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by the CONTRACTOR in accordance with the Laws and Regulations of the place of the Project, which are applicable during the performance of the WORK.
6. 9 Use of Premises
A. The CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to ( 1) the Project site, (2) the land and areas identified in and permitted by the Construction Documents, and ( 3) the other land and areas permitted by Laws and Regulations, rights -of -way, permits, and easements. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the WORK. Should any claim be made against the CITY or the ENGINEER by any such owner or occupant because of the performance of the WORK, the CONTRACTOR shall promptly attempt to settle with such other party by contract or otherwise resolve the claim through litigation. The CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify, defend, and hold the CITY and the ENGINEER harmless from and against all claims, damages, losses, and expenses including, but not limited to, fees of engineers, architects, attorneys, and other professionals and court costs) arising directly, indirectly, or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or the performance
ENGINEER
of
to
the
the
work.
extent based on a claim arising out of the CONTRACTOR' S
6. 10 Safety and Protection
A. The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR 00700- 15
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shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:
1. All employees on the WORK and other persons and organizations who may be affected thereby;
2. All the WORK and materials and equipment to be incorporated therein, whether in storage on or off the site; and
3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.
B. The CONTRACTOR shall comply with all applicable Laws and Regulations ( whether referred to herein or not) of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify CITY' S REPRESENTATIVE of adjacent property and utilities when prosecution of the WORK may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.
C. The CONTRACTOR shall designate a
responsible representative at the site whose duty
shall
superintendent
be the prevention
unless otherwise
of accidents.
designated
This
in
person
writing
shall
by the
be
CONTRACTOR
the CONTRACTOR' S
to the
CITY' SREPRESENTATIVE.
6. 11 Shop Drawings and Samples
A. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, the CONTRACTOR shall submit to the CITY' S REPRESENTATIVE for review all shop drawings in accordance with the accepted schedule of Shop Drawings submittals specified in the General Requirements.
B. The CONTRACTOR shall also submit to the CITY' S REPRESENTATIVE for review all samples in accordance with the accepted schedule of Sample submittals specified in the General Requirements.
C. Before submittal of each shop drawing or sample, the CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data with respect thereto and reviewed or coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the WORK and the Construction Documents.
6. 12 Continuing the Work
A. The CONTRACTOR shall carry on the WORK and adhere to the progress schedule during all disputes or disagreements with the CITY. No work shall be delayed or 00700- 16
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postponed pending resolution of any disputes or disagreements, except as the CONTRACTOR and the CITY may otherwise agree in writing.
6. 13 Liquidated Damages
A. N/ A
6. 14 Indemnification
A. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, the ENGINEER, and their officers, directors, agents, and employees, against and from all claims and liability arising under, by reason of or incidentally to the Contract or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/ or the ENGINEER. Such indemnification by the CONTRACTOR shall include but not be limited to the following:
1. Liability or claims resulting directly or indirectly from the negligence or carelessness of the CONTRACTOR, its employees, or agents in the performance of the WORK, or in guarding or maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the CONTRACTOR, its employees, or agents;
2. Liability or claims arising directly or indirectly from bodily injury, occupational sickness or disease, or death of the CONTRACTOR' Sor Subcontractor' sown employees engaged in the WORK resulting in actions brought by or on behalf of such employees against the CITY and/ orthe ENGINEER;
3. Liability or claims arising directly or indirectly from or based on the violation of any law, ordinance, regulation, order, or decree, whether by the CONTRACTOR, its employees, or agents;
4. Liability or claims arising directly or indirectly from the use or manufacture by the CONTRACTOR, its employees, or agents in the performance of this Contract of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance, unless otherwise specifically stipulated in this Contract;
5. Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to the CITY or any other parties by the CONTRACTOR, its employees, or agents;
6. Liabilities or claims arising directly or indirectly from the willful misconduct ofthe CONTRACTOR, its employees, or agents; and,
7. Liabilities or claims arising directly or indirectly from any breach of the obligations assumed herein by the CONTRACTOR.
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B. The CONTRACTOR shall reimburse the CITY for all costs and expenses, (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and court costs) incurred by said CITY in enforcing the provisions ofthis Paragraph 6. 13.
C. The indemnification obligation under this Paragraph 6. 13 shall not be limited in any way by any limitation of the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or any such subcontractor or other person or organization under workers' compensation acts, disability benefit acts, or other employee benefit acts.
6. 15 Contractor' sDaily Reports
A. The CONTRACTOR shall complete a daily report indicating manpower, major equipment, subcontractors, weather conditions, etc., involved in the performance of the WORK. The daily report shall be completed on forms prepared by the CONTRACTOR and acceptable to the CITY, and shall be submitted to the CITY' S REPRESENTATIVE at the conclusion of each workday.
6. 16 Assignment of Contract
A. The CONTRACTOR shall not assign, sublet, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or its right, title, or interest therein, or obligations thereunder, without the written consent of the CITY except as imposed by law. If the CONTRACTOR violates this provision, the Contract may be terminated at the option of the CITY. In such event, the CITY shall be relieved of all liability and obligations to the CONTRACTOR and to its assignee or transferee, growing out of such termination.
ARTICLE 7 -- OTHER WORK
7. 1 Related Work at Site
A. The CITY may perform other work related to the Project at the site by the CITY' Sown forces, have other work performed by utility companies, or let other direct contracts therefore which may contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Construction Documents, written notice thereof will be given to the CONTRACTOR prior to starting any such other work.
B. The CONTRACTOR shall afford each utility company and other contractors who are a party to such a direct contract ( or the CITY, if the CITY is performing the additional work with the CITY' Semployees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the WORK with theirs. The CONTRACTOR shall do all cutting, fitting, and patching of the WORK that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the CITY and the others whose work will be affected. 00700- 18
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C. If any part of the CONTRACTOR' S work depends for proper execution or results upon the work of any such other contractor or utility company ( or CITY), the CONTRACTOR shall inspect and report to the CITY' S REPRESENTATIVE in writing any delays, defects, or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The CONTRACTOR' Sfailure to report such delays, defects, or deficiencies will constitute an acceptance of the other work as fit and proper for integration with the CONTRACTOR' Swork except for latent or non -apparent defects and deficiencies in the other work.
7. 2 Coordination
A. If the CITY contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither the CITY nor the ENGINEER shall have any authority or responsibility in respect of such coordination.
ARTICLE 8 -- CITY' S RESPONSIBILITIES
8. 1 Communications
A. The CITY shall issue all its communications to the CONTRACTOR through the CITY' S REPRESENTATIVE.
8. 2 Payments
A. The CITY shall make payments to the CONTRACTOR as provided in Paragraphs 14. 5 and 14. 8.
8. 3 Lands, Easements, And Surveys
A. The CITY' Sduties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraph 4. 1. The CITY shall identify and make available to the CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures, which have been utilized by the ENGINEER in preparing the Drawings and Technical Specifications.
8. 4 Change Orders
A. The CITY shall execute Change Orders as indicated in Paragraph 10.D. 00700- 19
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8. 5 Inspections and Tests
A. The CITY' Sresponsibility in respect of certain inspections, tests, and approvals is set forth in Paragraph 13. 3B.
8. 6 Suspension of Work
A. In connection with the CITY' Sright to stop work or suspend work, see Paragraphs 13. 4 and 15.. Paragraphs 15. 2 and 15. 3 deal with the CITY' Sright to terminate services of the CONTRACTOR under certain circumstances.
ARTICLE 9 - CITY' S REPRESENTATIVE / ENGINEER' SSTATUS DURING
CONSTRUCTION
9. 1 City' s Representative
A. The CITY' S REPRESENTATIVE is the person, firm or corporation assigned to be the CITY' S representative during the construction period as set forth in the Supplementary Conditions. The duties and responsibilities and the limitations of authority of the CITY' S REPRESENTATIVE during construction are set forth in the Supplementary Conditions.
9. 2 Visits to Site
A. The CITY' S REPRESENTATIVE and/ or the ENGINEER may make visits to the site during construction to observe the progress and quality of the WORK and to determine, in general, ifthe WORK is proceeding in accordance with the Construction Documents.
The CITY' S REPRESENTATIVE and/ or the ENGINEER is not required to make exhaustive or continuous on -site inspections to check the quality or quantity of the WORK. The CITY' SREPRESENTATIVE and/ orthe ENGINEER shall not, during such visits or as a result of such observations of the CONTRACTOR' Swork in progress, supervise, direct, or have control over the CONTRACTOR' Swork.
9. 3 Project Engineer
A. The ENGINEER may furnish a Project Engineer to assist in observing the performance of the WORK. The Project Engineer is the ENGINEER' Sagent.
9. 4 Clarifications and Interpretations
A. The ENGINEER, through the CITY' S REPRESENTATIVE, will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Construction Documents ( in the form of Drawings or otherwise) as the ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent ofthe Construction Documents.
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9. 5 Authorized Variations in Work
A. The CITY' S REPRESENTATIVE and/ or the ENGINEER may authorize minor variations in the WORK from the requirements of the Construction Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Construction Documents. These may be accomplished by a Field Order issued through the CITY' S REPRESENTATIVE and will require the CONTRACTOR to perform the work involved promptly. If the CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, the CONTRACTOR may make a claim therefore as provided in Article 11 or 12.
9. 6 Rejecting Defective Work
A. The CITY' S REPRESENTATIVE has authority to reject work, which the CITY' S REPRESENTATIVE and/ or ENGINEER believes to be defective, and also has authority to require special inspection or testing of the WORK as provided in Paragraph 13. 3G, whether or not the WORK is fabricated, installed, or completed.
9. 7 Contractor Submittals, Change Orders, and Payments A. In accordance with the procedures set forth in the General Requirements, the CITY' S REPRESENTATIVE and/ or the ENGINEER will review all CONTRACTOR submittals, including shop drawings, samples, substitutes, or " or equal" items, etc., in order to determine if the items covered by the submittals will, after installation or incorporation in the WORK, conform to the requirements of the Construction Documents and be compatible with the design concept of the completed project as a functioning
review
whole as
shall
indicated
not extend
by the
to
Construction
means, methods,
Documents.
techniques,
The CITY' S
sequences
and the
or
ENGINEER' S
procedures of
construction or to safety precautions or programs incident thereto.
B. In connection with the ENGINEER' Sresponsibilities as to Change Orders, see Articles 10, 11, and 12.
C. In connection with the ENGINEER' Sresponsibilities in respect of Applications for Payment, see Article 14.
9. 8 Decisions on Disputes
A. The CITY' S REPRESENTATIVE will be the initial interpreter of the requirements of the Construction Documents and judge of the acceptability of the WORK there under.
Claims, disputes, and other matters relating to the acceptability of the WORK; the interpretation of the requirements of the Construction Documents pertaining to the performance of the WORK; and those claims under Articles 11 and 12 in respect to changes in the Contract Price or Contract Time will be referred initially to the CITY' S REPRESENTATIVE in writing with a
request for formal decision in accordance with
this paragraph, which the CITY will render in writing within 30 days of receipt of the 00700- 21
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request. Written notice of each such claim, dispute, and other matter will be delivered by the CONTRACTOR to the CITY' S REPRESENTATIVE promptly but in no event later than 30 days after the occurrence of the event giving rise thereto. Written supporting data will be submitted to the CITY' S REPRESENTATIVE within 30 days after such occurrence unless the CITY allows an additional period of time to ascertain more accurate data in support of the claim.
B. When functioning as arbiter and judge, the ENGINEER shall not show partiality to the CITY or the CONTRACTOR and shall not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by the ENGINEER with respect to any such claim, dispute, or other matter ( except any which have been waived by the making or acceptance of final payment as provided in Paragraph
14. 12) will be a condition precedent to any exercise by the CITY or the CONTRACTOR of such rights or remedies as either may otherwise have under the Construction Documents or by Law or Regulations in respect of any such claim, dispute, or other matter.
C. All contracts between the Contractor and his subcontractors and suppliers regardless of tier shall include a provision that subcontractors and suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the CITY by all terms and provisions of the Contract, including this arbitration provision.
9. Limitation on Engineer' sResponsibilities
A. Neither the ENGINEER' S
authority to act under this Article 9 or other provisions of the Construction Documents nor any decision made by the ENGINEER in good faith whether to exercise such authority shall give rise to any duty or responsibility of the ENGINEER to the CONTRACTOR, any Subcontractor, any Supplier, any surety for any of them, or any other person or organization performing any of the WORK.
B. Whenever in the Construction Documents the terms " as ordered," " as directed," " as required," " as allowed," " as reviewed," " as approved," or terms of like effect or import are used, or the adjectives " reasonable," " suitable," " acceptable," " proper," or satisfactory" or adjectives of like effect or import are used to describe a requirement,
direction, review, or judgment of the ENGINEER and CITY as to the WORK, it is intended that such requirement, direction, review, or judgment will be solely to evaluate the WORK for compliance with the requirements of the Construction Documents, and conformance with the design concept of the completed Project as a functioning whole as
indicated by the Construction Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective shall not be effective to assign to the ENGINEER and the CITY any duty or authority to supervise or direct the performance of the WORK or any duty or authority to undertake responsibility contrary to the provisions ofParagraph 9.C or 9.D.
C. The ENGINEER and the CITY will not have authority over or be responsible for the CONTRACTOR' S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure 00700- 22
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of the CONTRACTOR to comply with Laws and Regulations, applicable to the performance of the WORK. The ENGINEER and CITY will not be responsible for the CONTRACTOR' Sfailure to perform the WORK in accordance with the Construction Documents.
D. The ENGINEER and CITY will not be responsible for the acts or omissions of the CONTRACTOR nor of any subcontractor, supplier, or any other person or organization performing any of the WORK.
ARTICLE 10 -- CHANGES IN THE WORK
10. General
A. Without invalidating the Contract and without notice to any surety, the CITY may at any time or from time to time, order additions, deletions, or revisions in the WORK; these will be authorized by a written Field Order and/ or a Change Order issued by the CITY based on recommendations by the Engineer. Upon receipt of any such document, the CONTRACTOR shall promptly proceed with the work involved, which will be performed under the applicable conditions of the Construction Documents.
B. If the CITY and the CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Field Order, a claim may be made therefore as provided in Articles 11 or 12.
C. The CONTRACTOR shall not be entitled to an increase in the Contract Price nor an extension of the Contract Time with respect to any work performed that is not required by the Construction Documents as amended, modified, supplemented by Change Order, except in the case of an emergency and except in the case of uncovering work as provided in Paragraph 13. 3G.
D. The CITY and the CONTRACTOR shall execute appropriate Change Orders covering:
1. Changes in the WORK, which are ordered/ recommended by the ENGINEER and agreed to by CITY pursuant to Paragraph 10. 1A;
2. Changes required because of acceptance of defective work under Paragraph 13. 7;
3. Changes in the Contract Price or Contract Time which are agreed to by the parties; or
4. Any other changes agreed to by the parties.
E. If notice of any change is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR' Sresponsibility, and the amount of each applicable Bond shall be adjusted accordingly. 00700- 23
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10. 2 Allowable Quantity Variations
A. In the event of an increase or decrease in bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Construction Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the WORK in excess of 25 percent.
B. In the event a part of the WORK is to be entirely eliminated and no lump sum or unit price is named in the Construction Documents to cover such eliminated work, the price of the eliminated work shall be agreed upon in writing by the CITY and the CONTRACTOR. If the CITY and the CONTRACTOR fail to agree upon the price of the eliminated work, said price shall be determined in accordance with the provisions of Article 11.
ARTICLE 11 -- CHANGE OF CONTRACT PRICE
11. General
A. The Contract Price constitutes the total compensation payable to the CONTRACTOR for performing the WORK. All duties, responsibilities, and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without change in the Contract Price.
B. The Contract Price shall only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered by the CONTRACTOR to the CITY promptly ( but in no event later than 30 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within 60 days after such occurrence ( unless the CITY allows an additional period of time to ascertain more accurate data in support ofthe claim)
written statement that the amount claimed
and shall
covers
be accompanied
all known amounts (
by the CONTRACTOR' S
direct, indirect,
and consequential) to which the CONTRACTOR is entitled as a result of the occurrence of said event. A11 claims for adjustment in the Contract Price shall be determined by the CITY in accordance with Paragraph 9. 8A if the CITY and the CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph 11.B.
C. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:
1. Where the work involved is covered by unit prices contained in the Construction Documents, by application of unit prices to the quantities of the items involved.
2. By mutual acceptance of a
lump sum, which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 11. 4. 00700- 24
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3. On the basis of the cost of work ( determined as provided in Paragraphs 11. 2 and
11. 3) plus a CONTRACTOR' Sfee for overhead and profit (determined as provided in Paragraph 11. 4).
11. 2 Cost of Work (Based On Time and Materials)
A. General: The CONTRACTOR shall provide an approximate value of any extra work to be performed prior to starting the extra work. The sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment in the proper performance of extra work. Except as otherwise may be agreed to in writing by the CITY, the cost of work shall be in amounts no higher than those prevailing in the locality of the Project. Whenever any extra work is in progress, for which the definite price has not been agreed on in advance, the CONTRACTOR shall each day, report to the CITY the amount and cost of the labor and material used, and any other expense incurred in such extra work on the preceding day, and no claim for compensation for such extra work will be allowed unless such report shall have been made.
B. Labor: The cost of labor used in performing extra work by the CONTRACTOR, a subcontractor, or other forces will be the sum of the following:
1. The actual wages paid plus any employer payments to, or on behalf of workers for fringe benefits including health and welfare, pension, vacation, and similar purposes. The cost of labor may include the wages paid to foremen when determined by the CITY that the services of foremen do not constitute a part of the overhead allowance.
2. All payment imposed by state and federal laws including, but not limited to, compensation insurance, and social security payments.
3. The amount paid for subsistence and travel required by collective bargaining agreements, or in accordance with the regular practice of the employer.
At the beginning of the extra work and as later requested by the CITY, the CONTRACTOR shall furnish the CITY proof of labor compensation rates being paid.
C. Materials: The cost of materials used in performing extra work will be the cost to the purchaser, whether CONTRACTOR or subcontractor, from the supplier thereof, except as the following are applicable:
1. Trade discounts available to the purchaser shall be credited to the CITY notwithstanding the fact that such discounts may not have been taken by the CONTRACTOR.
2. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the CITY' S REPRESENTATIVE. Markup except for actual costs incurred in the handling of such materials will not be allowed. 00700- 25
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3. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the work site, whichever price is lower.
4. If in the opinion of the CITY' S REPRESENTATIVE the cost of material is excessive, or the CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the work site less trade discount. The CITY reserves the right to furnish materials for the extra work and no claim shall be made by the CONTRACTOR for costs and profit on such materials.
D. Equipment: The CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the " Labor Surcharge and Equipment Rental Rates" as published by the Department of Transportation. Such rental rate will be used to compute payments for equipment whether the equipment
control, through direct City control, leasing, renting, or another is under
method
the CONTRACTOR' S
of acquisition.
The rental rate to be applied for use of each item of equipment shall be the rate resulting in the least total cost to the CITY for the total period of use. If it is deemed necessary by the CONTRACTOR to use equipment not listed in the publication specified in the Supplementary Conditions, an equitable rental rate for the equipment will be established by the CITY' SREPRESENTATIVE. The CONTRACTOR may furnish cost data, which might assist the CITY' SREPRESENTATIVE in the establishment of the rental rate.
1. All equipment shall, in the opinion of the CITY' SREPRESENTATIVE, be in good working condition and suitable for the purpose for which the equipment is to be used.
2. Before construction equipment is used on the extra work, the CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the CITY' S REPRESENTATIVE, in duplicate, a description of the equipment and its identifying number.
3. Unless otherwise specified, manufacturer' sratings and manufacturer -approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment, which has no direct power unit, shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
4. Individual pieces of equipment or tools having a
replacement value of $100 or less,
whether or not consumed by use, shall be considered to be small tools and no payment will be made therefore.
5. Rental time will not be allowed while equipment is inoperative due to breakdowns.
E. Equipment on the Work Site: The rental time to be paid for equipment on the work site shall be the time the equipment is in productive operation on the extra work being 00700- 26
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performed and, in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid ifthe equipment is used on other than the extra work, even though located at the site of the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra work on other than the extra work. The following shall be used in computing the rental time of equipment on the work site.
1. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/ 2 -hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation.
2. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/ 2 -day of operation. When CITY -operated equipment is used to perform extra work to be paid for on a time and materials basis, the CONTRACTOR will be paid for the equipment and operator, as set forth in Paragraphs ( 3), (4), and ( 5), following.
3. Payment for the equipment will be made in accordance with the provisions in Paragraph 11. 2D, herein.
4. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the CONTRACTOR to other workers operating similar equipment already on the work site, or in the absence of such labor, established by collective bargaining agreements for the type of workmen and location of the extra work, whether or not the operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein in accordance with the provisions of Paragraph 11. 2B, herein, which surcharge shall constitute full compensation for payments imposed by state and federal laws and all other payments made to or on behalf of workers other than actual wages.
5. To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for equipment rental and labor as provided in Paragraph
11. 4, herein.
11. 3 Special Services
A. Special work or services are defined as that work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. The following may be considered by the CITY' S REPRESENTATIVE in making estimates for payment for special services:
1. When the CITY' S REPRESENTATIVE and the CONTRACTOR, by agreement, determine that a special service or work is required which cannot be performed by the forces of the CONTRACTOR or those of any of its subcontractors, the special 00700- 27
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SECTION 00700
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service or work may be performed by an entity especially skilled in the work to be performed. After validation of invoices and determination of market values by the CITY' SREPRESENTATIVE, invoices for special services or work based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs.
2. When the CONTRACTOR is required to perform work necessitating special fabrication or machining process in a fabrication or a machine shop facility away from the job site, the charges for that portion of the work performed at the off -site facility may, by agreement, be accepted as a special service and accordingly, the invoices for the work may be accepted without detailed itemization.
3. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit specified in Paragraph 11. 4, herein, an allowance of 5 percent will be added to invoices for special services.
B. All work performed hereunder shall be subject to all ofthe provisions of the Construction Documents and the CONTRACTOR' Ssureties shall be bound with reference thereto as under the original Contract. Copies of all amendments to surety bonds or supplemental surety bonds shall be submitted to the CITY' S REPRESENTATIVE for review prior to the performance of any work hereunder.
11. 4 Contractor' sFee
A. Extra work ordered on the basis of time and materials will be paid for at the actual necessary cost as determined by the CITY' SREPRESENTATIVE, plus allowances for overhead and profit. For extra work involving a combination of increases and decreases in the WORK the actual necessary cost will be the arithmetic sum of the additive and deductive costs. The allowance for overhead and profit shall include full compensation for superintendence, bond and insurance premiums, taxes, office expense, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for under Paragraphs 11. 2B, C, and D, herein including extended overhead and home office overhead. The allowance for overhead and profit will be made in accordance with the following schedule:
Actual Necessary Cost Overhead and Profit Allowance
Labor 15 percent
Materials 10 percent
Equipment 10 percent
Subcontractor 5 percent
B. It is understood that labor, materials, and equipment may be furnished by the CONTRACTOR or by the subcontractor on behalf of the CONTRACTOR. When all or any part of the extra work is performed by a subcontractor, the allowance specified herein shall be applied to the labor, materials, and equipment costs of the subcontractor, to which the CONTRACTOR may add 5 percent of the subcontractor' stotal cost for the extra work. Regardless of the number of hierarchical tiers of subcontractors, the 5 percent 00700- 28
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increase above the subcontractor' stotal cost which includes the allowances for overhead and profit specified herein may be applied one time only for each separate work transaction.
ARTICLE 12 -- CHANGE OF CONTRACT TIME
12. General
A. The Contract Time may only be changed by a Change Order. Any claim for an extension of the Contract Time shall be based on written notice delivered by the CONTRACTOR to the CITY' S REPRESENTATIVE promptly ( but in no event later than 30 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within 60 days after such occurrence ( unless the CITY' S REPRESENTATIVE allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the CONTRACTOR' Swritten statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by the CITY' S REPRESENTATIVE in accordance with Paragraph 9. 8 if the CITY and the CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this Paragraph 12.A.
B. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR provided that such time lost affects the critical path as shown on the CPM schedule if a claim is made therefore as provided in Paragraph
12.A. Such delays shall include: acts or neglect by the CITY or others performing additional work as contemplated by Article 7, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, sabotage or freight embargoes.
C. All time limits stated in the Construction Documents are of the essence of the Contract.
12. 2 Extensions of Time for Delay Due to Inclement Weather A. Inclement weather is any weather condition or conditions resulting immediately there from, causing the CONTRACTOR to suspend construction operations or preventing the CONTRACTOR from proceeding with at least 75 percent of the normal labor and equipment force engaged on the work.
B. Should the CONTRACTOR prepare to begin work at the regular starting time at the beginning of any regular work shift on any day on which inclement weather, or the conditions resulting from the weather, or the condition of the WORK prevents work from beginning at the usual starting time and the crew is dismissed as a result thereof, the CONTRACTOR will not be charged for a working day whether or not conditions change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations.
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C. The CONTRACTOR shall base its construction schedule upon the inclusion of the number of days of inclement weather specified in paragraph entitled " Inclement weather delays" of the Supplementary Conditions. No extension of the Contract Time due to inclement weather will be considered until after the said number of days of inclement weather has been reached. However, no reduction in Contract Time will be made if said number of days of inclement weather is not reached.
ARTICLE 13 -- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;
CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK
13. Warranty and Guarantee
A. The CONTRACTOR warrants and guarantees to the CITY and the ENGINEER that all work will be in accordance with the Construction Documents and will not be defective.
Prompt notice of defects known to the CITY and ENGINEER shall be given to the CONTRACTOR. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13.
13. 2 Access to Work
A. The CITY' S REPRESENTATIVE, ENGINEER, other representatives of the CITY, testing agencies, and governmental agencies with jurisdictional interests shall have access to the WORK at reasonable times for their observation, inspections, and testing.
The CONTRACTOR shall provide proper and safe conditions for such access.
13. 3 Tests and Inspections
A. The CONTRACTOR shall give the CITY' S REPRESENTATIVE timely notice of readiness of the WORK for all required inspections, tests, or approvals.
B. If Laws or Regulations of the CITY, or any public body having jurisdiction other than the CITY, require any work to specifically be inspected, tested, or approved, the CONTRACTOR shall pay all costs in connection therewith. The CONTRACTOR shall be responsible for and shall pay all costs in connection with testing the work for compliance with the Construction Documents unless stated otherwise in the Supplementary Conditions. The CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the CITY' Sor the ENGINEER' Sacceptance of a Supplier of materials or equipment proposed as a substitution or (or -equal) to be incorporated in the WORK, or of materials or equipment submitted for review prior to the CONTRACTOR' Spurchase thereof for incorporation in the WORK.
C. The CITY' S REPRESENTATIVE will make, or have made, such inspections and tests as the CITY' S REPRESENTATIVE deems necessary to see that the WORK is being accomplished in accordance with the requirements of the Construction Documents.
Unless otherwise specified in the Supplementary Conditions, the cost of such inspection and testing will be borne by the CITY. In the event such inspections or tests reveal non - 00700 - 30
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compliance with the requirements of the Construction Documents, the CONTRACTOR shall bear the cost of corrective measures deemed necessary by the CITY' S REPRESENTATIVE, as well as the cost of subsequent re -inspection and retesting.
Neither observations by the CITY' S REPRESENTATIVE nor inspections, tests, or obligation
approvals
to
by
perform
others
the
shall
WORK
relieve
in
the
accordance
CONTRACTOR
with the Construction
from the CONTRACTOR' S
Documents.
D. All inspections, tests, or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to the CITY' S REPRESENTATIVE.
E. If any work ( including the work of others) that is to be inspected, tested, or approved is covered without written concurrence of the CITY' S REPRESENTATIVE, it must, if requested by the CITY' S REPRESENTATIVE, be uncovered for observation. Such uncovering shall be at the CONTRACTOR' Sexpense unless the CONTRACTOR has given the CITY' S REPRESENTATIVE timely notice of the CONTRACTOR' Sintention to perform such test or to cover the same and the CITY' SREPRESENTATIVE has not acted with reasonable promptness in response to such notice.
F. If any work is covered contrary to the written request of the CITY' S REPRESENTATIVE, it must, if requested by the CITY' S REPRESENTATIVE, be uncovered for the CITY' S REPRESENTATIVE observation and replaced at the CONTRACTOR' Sexpense.
G. If the CITY' S REPRESENTATIVE considers it necessary or advisable that covered work be observed by the CITY' S REPRESENTATIVE or inspected or tested by others, the CONTRACTOR, at the CITY' SREPRESENTATIVE request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as the CITY' S REPRESENTATIVE may require, that portion of the WORK in question, furnishing all necessary labor, material, and equipment. If it is found that such work is defective, the CONTRACTOR shall bear all direct, indirect, and consequential costs and damages of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction, including but not limited to fees and charges of engineers, architects, attorneys, and other professionals. However, if such work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction; and, ifthe parties are unable to agree as to the amount or extent thereof, the CONTRACTOR may make a claim therefore as provided in Articles 11 and 12.
13. 4 City May Stop the Work
A. If the WORK is defective, or the CONTRACTOR fails to perform work in such a way that the completed WORK will conform to the Construction Documents, the CITY' S REPRESENTATIVE may order the CONTRACTOR to stop the WORK, or any portion thereof, until the cause for such order has been eliminated; however, this right of the 00700- 31
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CITY to stop the WORK shall not give rise to any duty on the part ofthe CITY to exercise this right for the benefit of the CONTRACTOR or any other party.
13. 5 Correction or Removal of Defective Work
A. Ifrequired by the CITY' SREPRESENTATIVE, the CONTRACTOR should promptly, either correct all defective work, whether or not fabricated, installed, or completed, or, if the WORK has been rejected by the CITY' S REPRESENTATIVE, remove it from the site and replace it with non -defective work. The CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such correction or removal, including but not limited to fees and charges of engineers, architects, attorneys, and other professionals made necessary thereby.
13. 6 One Year Correction Period
A. If within one year after the date of Substantial Completion/ Noticeof Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Construction Documents or by any specific provision of the Construction Documents, any work is found to be defective in the CITY' Ssole and absolute discretion, the CONTRACTOR shall promptly, without cost to the CITY and in accordance with CITY' S written notification, either correct such defective work, or, ifit has been rejected by the CITY, remove it from the site and replace it with non -defective work. If the CONTRACTOR does not promptly comply with the such notification, or in an emergency where delay would cause serious risk of loss or damage, the CITY' S REPRESENTATIVE may have the defective work corrected or the rejected work removed and replaced, and all direct, indirect, and consequential costs and damages of such removal and replacement including but not limited to fees and charges of engineers, architects, attorneys and other professionals will be paid by the CONTRACTOR.
13. 7 Acceptance of Defective Work
A. The City may accept any work performed defectively. Any such acceptance of defective work shall not waive the City' s right to enforce a one- year correction period listed above in Section 13. 6(A) unless such a waiver is expressly included in the written acceptance of defective work by the City and the City receives an agreed upon decrease in the contract price in exchange for the release of the above referenced one- year warranty on any defective work accepted.
B. If, instead of requiring correction or removal and replacement of defective work, the CITY prefers to accept the work, the CITY may do so. The CONTRACTOR shall bear all direct, indirect, and consequential costs attributable to the CITY' S REPRESENTATIVE evaluation of and determination to accept such defective work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Construction Documents with respect to the WORK, and the CITY shall be entitled to an appropriate decrease in the Contract Price.
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ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION
14. Schedule of Values (Lump Sum Price Breakdown)
A. The CONTRACTOR shall provide a Schedule of Values ( lump sum price breakdown) for all " Lump Sum" items of work. The Schedule of Values shall serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the CITY' S REPRESENTATIVE.
14. 2 Unit Price Bid Schedule
A. Progress payments on account of Unit Price work will be based on the number of units completed.
14. 3 Application for Progress Payment
A. Unless otherwise prescribed by law, on the 25th of each month, the CONTRACTOR shall submit to the CITY' S REPRESENTATIVE for review, an Application for Payment filled out and signed by the CONTRACTOR covering the WORK completed as of the date of the Application and accompanied by such supporting documentation as is required by the Construction Documents.
B. The Application for Payment shall identify, as a sub -total, the amount of the CONTRACTOR' Stotal earnings to date, plus the value of materials stored at the site which have not yet been incorporated in the WORK, and less a deductive adjustment for materials installed which were not previously incorporated in the WORK, but for which payment was allowed under the provisions for payment for materials stored at the site, but not yet incorporated in the WORK.
C. The net payment due to the CONTRACTOR shall be the above -mentioned subtotal from which shall be deducted the amount of retainage specified below and the total amount of all previous payments made to the CONTRACTOR.
1. The CITY may retain 5 percent of each approved progress payment until the work is completed and accepted and release ofretainage and other deduction as described in Section 14.0. occurs.
D. The value of materials stored at the site shall be an amount equal to the specified percent of the value of such materials as set forth in the Supplementary Conditions. Said amount shall be based upon the value of all acceptable materials and equipment not incorporated in the WORK but delivered and suitably stored at the site or at another location agreed to in writing; provided, each such individual item has a value of more than $ 5000 and will become a permanent part of the WORK. The Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all liens, charges, security interests, and encumbrances ( which are hereinafter in these General Conditions referred to as " Liens") and evidence that the materials and equipment are 00700- 33
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covered by appropriate property insurance and other arrangements to protect the CITY' S interest therein, all of which will be satisfactory to the CITY.
14. 4 Contractor' sWarranty of Title
A. The CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by an Application for Payment, whether incorporated in the WORK or not, will pass to the CITY no later than the time of final payment free and clear of all liens.
14. 5 Review of Applications for Progress Payment
A. The CITY' SREPRESENTATIVE will, within 7 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to the CONTRACTOR indicating in writing the CITY' sreasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. Thirty days after presentation of the Application for Payment with the CITY recommendation, the amount recommended will subject to the provisions ofParagraph 14. 5B) become due and when due will be paid by the CITY to the CONTRACTOR.
B. The CITY may refuse to make payment of the full amount requested by the CONTRACTOR because claims have been made against the CITY on account of the CONTRACTOR' Sperformance of the WORK or Liens have been filed in connection with the WORK or there are other items entitling the CITY to a credit against the amount recommended, but the CITY will give the CONTRACTOR written notice within 7 days stating the reasons for such action.
14. 6 Partial Completion
A. The CITY shall have the right to utilize or place into service any item of equipment or other usable portion of the WORK prior to completion of the WORK. Whenever the CITY plans to exercise said right, the CONTRACTOR will be notified in writing by the CITY, identifying the specific portion or portions of the WORK to be so utilized or otherwise placed into service.
B. It shall be understood by the CONTRACTOR that until such written notification is issued, all responsibility for care and maintenance of all items or portions of the WORK to be partially utilized shall be borne by the CONTRACTOR. Upon issuance of said written notice ofpartial completion, the CITY will accept responsibility for the protection and maintenance of all such items or portions of the WORK described in the written notice.
C. The CONTRACTOR shall retain full responsibility for satisfactory completion of the WORK, regardless of whether a portion thereof has been partially utilized by the CITY and the CONTRACTOR' Sone year correction period shall commence only after the date of Substantial Completion/ Notice of Completion for the WORK. 00700- 34
338
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
14. 7 Substantial Completion
A. When the CONTRACTOR considers the WORK ready for its intended use the CONTRACTOR shall notify the CITY and the ENGINEER in writing that the WORK is substantially complete and request that the CITY' S REPRESENTATIVE prepare a Certificate of Substantial Completion/ Notice of Completion. Within a reasonable time thereafter, the CONTRACTOR and the CITY' S REPRESENTATIVE shall make an inspection of the WORK to determine the status of completion. If the CITY' S REPRESENTATIVE does not consider the WORK substantially complete, the CITY' S REPRESENTATIVE will notify the CONTRACTOR in writing giving the reasons therefore. If the CITY' S REPRESENTATIVE considers the WORK substantially complete, the CITY' S REPRESENTATIVE will prepare for execution and recordation the Certificate of Substantial Completion/ Noticeof Completion signed by the CITY and CONTRACTOR, which shall fix the date of Substantial Completion/ Notice of Completion. As applicable, there shall be attached to the Certificate/ Notice a list of items to be completed or corrected before final payment.
14. 8 Final Application for Payment
A. After the CONTRACTOR has completed all correction work referred to in Paragraph
14. 7 and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents ( as provided in the General Requirements) and other documents, all as required by the Construction Documents, and after the ENGINEER has indicated that the WORK is acceptable, the CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Construction Documents, together with complete and legally effective releases or waivers ( satisfactory to the CITY) of all liens arising out of or filed in connection with the WORK.
14. 9 Final Payment and Acceptance
A. If, on the basis of the CITY' S REPRESENTATIVE' Sobservation of the WORK during construction and final inspection, and the CITY' SREPRESENTATIVE' Sreview of the final Application for Payment and accompanying documentation, all as required by the Construction Documents, the CITY' S REPRESENTATIVE is satisfied that the WORK has been completed and the CONTRACTOR' Sother obligations under the Construction Documents have been fulfilled, the CITY' S REPRESENTATIVE will, within 14 days after receipt of the final Application for Payment, indicate in writing the CITY' S REPRESENTATIVE' Srecommendation of payment and present the Application to the CITY for payment.
B. After acceptance of the WORK by the CITY' Sgoverning body, the CITY will make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions ofthe Construction Documents, including the following items:
00700- 35
339
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
1. Liquidated damages, as applicable.
2. Two times the value of outstanding items of correction work or punch list items indicated on the Certificate of Substantial Completion/ Notice of Completion as being yet uncompleted or uncorrected, as applicable. All such work shall be completed or corrected to the satisfaction of the CITY within the time stated on the Certificate of Substantial Completion/ Notice of Completion; otherwise the CONTRACTOR does hereby waive any and all claims to all monies withheld by the CITY to cover the value of all such uncompleted or uncorrected items.
14.0 Release of Retainage and Other Deductions
A. After executing the necessary documents to initiate the lien period, and not more than 45 days thereafter ( based on a 30 -day lien filing period and 15 -day processing time), the CITY will release to the CONTRACTOR the retainage funds withheld pursuant to the Contract, less any deductions to cover pending claims against the CITY pursuant to Paragraph 14. 5B.
B. After filing of the necessary documents to initiate the lien period, the CONTRACTOR shall have 30 days to complete any outstanding items of correction work remaining to be completed or corrected as listed on a final punch list made a part of the Certificate of Substantial Completion/ Notice of Completion. Upon expiration of the 45 days, referred to in Paragraph 14. 10A, the amounts withheld pursuant to the provisions of Paragraph
14. 9B herein, for all remaining work items will be returned to the CONTRACTOR; provided, that said work has been completed or corrected to the satisfaction of the CITY within said 30 days. Otherwise, the CONTRACTOR does hereby waive any and all claims for all monies withheld by the CITY under the Contract to cover 2 times the value of such remaining uncompleted or uncorrected items.
14.1 Contractor' sContinuing Obligation
A. The CONTRACTOR' S
obligation to perform and complete the WORK in accordance with the Construction Documents shall be absolute. Neither recommendation of any progress or final payment by the CITY, nor the issuance of a Certificate of Substantial Completion/ Notice of Completion, nor any payment by the CITY to the CONTRACTOR under the Construction Documents, nor any use or occupancy of the WORK or any part thereof by the CITY, nor any act of acceptance by the CITY nor any failure to do so, nor any review of a Shop Drawing or sample submittal, will constitute an acceptance of work not
obligation
in accordance
to perform
with
the
the
WORK
Construction
in accordance
Documents
with
or
the
a release
Construction
of the CONTRACTOR' S
Documents.
14.2 Final Payment Terminates Liability of City
A. Final payment is defined as the last progress payment made to the CONTRACTOR for earned funds, less retainage as applicable, less deductions listed in Paragraph 14. 9B herein. The acceptance by the CONTRACTOR of the final payment referred to in Paragraph 14. 9 herein, shall be a release of the CITY and its agents from all claims of 00700- 36
340
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
liability to the CONTRACTOR for anything done or furnished for, or relating to, the WORK or for any act or neglect of the CITY or of any person relating to or affecting the WORK, except demands against the CITY for the remainder, if any, of the amounts kept or retained under the provisions of Paragraph 14. 9 herein; and excepting pending, unresolved claims filed prior to the date of the Certificate of Substantial Completion/ Noticeof Completion.
ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION
15. Suspension of Work by City
A. The CITY, may, at any time and without cause, suspend the WORK or any portion thereof for a period of not more than 90 days by notice in writing to the CONTRACTOR.
The CONTRACTOR shall resume the WORK on receipt from the CITY' S REPRESENTATIVE of a notice of resumption of work. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if the CONTRACTOR makes an approved claim therefore as provided in Articles 11 and 12.
15. 2 Termination of Contract by City ( Contractor Default) A. In the event of default by the CONTRACTOR, the CITY may give 10 days' written notice to the CONTRACTOR of CITY' Sintent to terminate the Contract and provide the CONTRACTOR an opportunity to remedy the conditions constituting the default. It shall be considered a default by the CONTRACTOR whenever CONTRACTOR shall:
1) declare bankruptcy, become insolvent, or assign its assets for the benefit of its creditors; ( 2) fail to provide materials or workmanship meeting the requirements of the Construction Documents; ( 3) disregard or violate provisions of the Construction Documents or CITY' S REPRESENTATIVE' Sinstructions; ( 4) fail to prosecute the WORK according to the approved progress schedule; or, (5) fail to provide a qualified superintendent, competent workmen, or materials or equipment meeting the requirements of the Construction Documents. If the CONTRACTOR fails to remedy the conditions constituting default within the time allowed, the CITY may then issue the Notice of Termination.
B. In the event the Contract is terminated in accordance with Paragraph 15. 2A, herein, the CITY may take possession of the WORK and may complete the WORK by whatever method or means the CITY may select. The cost of completing the WORK shall be deducted from the balance which would have been due the CONTRACTOR had the Contract not been terminated and the WORK completed in accordance with the Construction Documents. If such cost exceeds the balance, which would have been due, the CONTRACTOR shall pay the excess amount to the CITY. If such cost is less than the balance, which would have been due, the CONTRACTOR shall not have claim to the difference.
00700- 37
341
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
15. 3 Termination of Contract by City (For Convenience) A. The CITY may terminate the Contract at any time if it is found that reasons beyond the control of either the CITY or CONTRACTOR make it impossible or against the CITY' S interests to complete the WORK. In such a case, the CONTRACTOR shall have no claims against the CITY except: ( 1) for the value of work performed up to the date the Contract is terminated; and, (2) for the cost of materials and equipment on hand, in transit, or on definite commitment, as of the date the Contract is terminated, which would be needed in the WORK and which meet the requirements of the Construction Documents.
The value of work performed and the cost of materials and equipment delivered to the site, as mentioned above, shall be determined by the CITY' S REPRESENTATIVE in accordance with the procedure prescribed for the making of the final application for payment and payment under Paragraphs 14. 8 and 14. 9.
15. 4 Termination of Contract by Contractor
A. The CONTRACTOR may terminate the Contract upon 10 days written notice to the CITY, whenever: ( 1) the WORK has been suspended under the provisions of Paragraph
15., herein, for more than 90 consecutive days through no fault or negligence of the CONTRACTOR, and notice to resume work or to terminate the Contract has not been received from the CITY within this time period; or, (2) the CITY should fail to pay the CONTRACTOR any monies due him in accordance with the terms of the Construction Documents and within 60 days after presentation to the CITY by the CONTRACTOR of a
request therefore, unless within said 10 -day period the CITY shall have remedied the condition upon which the payment delay was based. In the event of such termination, the CONTRACTOR shall have no claims against the CITY except for those claims specifically enumerated in Paragraph 15. 3, herein, and as determined in accordance with the requirements of said paragraph.
ARTICLE 16 -- MISCELLANEOUS
16. Giving Notice
A. Whenever any provision of the Construction Documents requires the giving of written notice, it will be deemed to have been validly given ifdelivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.
16. 2 Title to Materials Found On the Work
A. The CITY reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from excavations and other operations connected with the WORK. Unless otherwise specified in the Construction Documents, neither the CONTRACTOR nor any subcontractor shall have any right, title, or interest in or to any 00700- 38
342
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
such materials. The CONTRACTOR will be permitted to use in the WORK, without charge, any such materials, which meet the requirements of the Construction Documents.
16. 3 Right to Audit
A. If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR' Sbooks to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR' Splants, or such parts thereof, as may be or have been engaged in the performance of the WORK. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR' Snormal business hours at the office of the CONTRACTOR.
The CONTRACTOR shall make available to the CITY for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the CITY.
END OF SECTION)
00700- 39
343
SECTION 00800
CTF PHASE 4 EXPANSION SUPPLEMENTARY CONDITIONS
CIP WW 25-6
SUPPLEMENTARY CONDITIONS
SC -1 GENERAL
These Supplementary Conditions make additions, deletions, or revisions to the General Conditions as indicated herein. All provisions which are not so added, deleted, or revised remain in full force and effect. Terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions.
SC -2 DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF CITY' S
REPRESENTATIVE
Ken Reed, Senior Construction Manager shall be the designated CITY' SREPRESENTATIVE for the Project. The CITY' S REPRESENTATIVE shall act as directed by and under the supervision of the CITY and will confer with the CITY regarding its actions. The CITY' S REPRESENTATIVE' Sdealings in matters pertaining to the on -site WORK shall, in general, be only with the ENGINEER, and the CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of the CONTRACTOR. Written communication by the CONTRACTOR with the CITY will be only through or as directed by the CITY' S REPRESENTATIVE.
SC -3 COORDINATION WITH OTHER CONTRACTORS
A. Coordination
Due to the nature of the work and its effects on other contracts and/ or contractors in this project, the Contractor shall coordinate all work with the Engineer, other Contractors and utility companies.
SC -4 HOURS OF WORK
N/ A
SC -5 CITY -FURNISHED MATERIALS
SC -6 PHYSICAL CONDITIONS — Subsurface and Existing Structures A. Explorations & Reports N/ A
B. Existing Structures N/ A
SC -7 PHYSICAL CONDITIONS — Underground Utilities
A. Shown or Indicated N/ A
B. Not Shown or Indicated N/ A
SC - 8 BONDS
N/ A
344
SECTION 00800
CTF PHASE 4 EXPANSION SUPPLEMENTARY CONDITIONS
CIP WW 25-6
SC -9 INSURANCE
N/ A
SC -10 SUBCONTRACTOR' SINSURANCE REQUIREMENTS
N/ A
SC -11 BUILDER' SRISK INSURANCE
N/ A
SC -12 PERMITS
N/ A
SC -13 COORDINATION OF PARTIES
N/ A
SC -14 EQUIPMENT
N/ A
SC -15 INCLEMENT WEATHER DELAYS
N/ A
SC -16 TESTS AND INSPECTION, OUTSIDE AGENCIES
N/ A
SC - 17 TESTS AND INSPECTION, CITY OF LATHROP
N/ A
SC -18 APPLICATION FOR PROGRESS PAYMENT
N/ A
END OF SECTION)
345
PAGE LEFT
INTENTIONALLY
BLANK
346
ITEM 4. 10
CITY MANAGER' S REPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS IN TRACT 3225
WITH CONDITIONS FROM K. HOVNANIAN HOMES
NORTHERN CALIFORNIA, INC.
RECOMMENDATION: Adopt Resolution to Accept Public Improvements in Tract 3225 with Conditions from K. Hovnanian
Homes Northern California, Inc.
SUMMARY:
K. Hovnanian Homes Northern California, Inc. ( K. HOV) has completed the construction of the public improvements identified in the GASB 34 Reports, included as Attachment " C", associated with the Subdivision Improvement Agreement ( SIA) for Final Map Tract 3225 (" Tract 3225").
Staff have inspected the improvements listed in Attachment " C," and the City Engineer has deemed them complete and in compliance with the approved plans and specifications, with one exception noted below. K. HOV has provided a one- year warranty bond equal to 10 percent of the completed construction costs, along with lien releases for the improvements proposed for acceptance. A vicinity map of the improvements is provided in Attachment " B."
All required improvements have been completed except for the installation of an electric meter for an irrigation controller, which is delayed pending PG& Ereview and approval, and the slurry seal of a portion of Mckee. The Performance and Labor & Materials bonds associated with the SIA will remain in place until the City Engineer confirms that the outstanding work is complete.
The approximate value of the improvements proposed for acceptance is 3, 008, 499. 25, as shown in the GASB 34 Reports.
Staff recommend that City Council accept the completed improvements and accept the pending improvement contingent upon its completion.
BACKGROUND:
On January 27, 2003, Council and Planning Commission approved the Mossdale Landing Project entitlements, including compliance with the California Environmental Quality Act ( CEQA), adoption of the Urban Design Concept ( UDC), Vesting Tentative Subdivision Map ( VTM) for Tract 3142, VTM for Tract 3225, and a Development Agreement ( DA) for the Mossdale Landing Project. The land for Tract 3225 lies within the geographic boundaries of the VTM.
347
CITY MANAGER' SREPORT PAGE 2
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS IN TRACT 3225 WITH CONDITIONS FROM K. HOVNANIAN HOMES NORTHERN CALIFORNIA, INC.
The developer, Lathrop Mossdale Investors, LP ( LMI), was required to use the low - density residential area of Tract 3225 as a recycled - water storage pond ( S1) until a river discharge permit was obtained from the Regional Water Quality Control Board RWQCB). LMI retained reversionary rights to the S1 land to regain title once alternative recycled - water disposal methods were funded by LMI.
LMI agreed to fund a portion of the Surface Water Discharge Project corresponding to the pro -rata share of the S1 pond. On January 8, 2024, the Council approved the Project Funding Agreement with LMI and a quitclaim deed transferring ownership of the S1 property to K. H0V at LMI' srequest.
On July 8, 2024, City Council approved the Final Map for Tract 3225, establishing 66 single- family lots. In accordance with the Lathrop Municipal Code, approval of Tract 3225 included an SIA to ensure completion of public improvements.
Staff has inspected the public improvements associated with the SIA for Tract 3225, as listed in the GASB 34 Reports and the City Engineer has deemed them complete and in compliance with approved plans and specifications, with the exception of an electric meter that has not yet been installed for an irrigation controller due to delays in PG& Ereview and approval and the slurry seal of a portion of McKee Boulevard.
To guarantee completion of the remaining work for Tract 3225, Performance Bond No. SURU2210003499 in the amount of $ 5, 156,18 and Labor & Materials Bond No.
SURU2210003499 in the amount of $ 2, 578, 059 will remain in place until staff inspect the outstanding improvement and the City Engineer deems it complete. Upon completion, staff will release both the Performance and Labor & Materials bonds.
K. H0V has submitted a one- year warranty bond equal to 10 percent of the completed construction costs, along with lien releases for the improvements proposed for acceptance. The bonds are detailed in Table 1 below.
Table 1
Tract No.
Performance Bond
Number/ Value
Labor & Materials
Bond
Number/ Value
Maintenance Bond
Number/ Value
SURU2210003499- M1
16, 052. 59
Tract 3225
SURU2210003499
5, 156,18
SURU2210003499
2, 578, 059
SURU2210003499- M2
222, 386. 93
SURU2210003499- M
34, 402. 20
348
CITY MANAGER' S REPORT PAGE 3
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS IN TRACT 3225 WITH CONDITIONS FROM K. HOVNANIAN HOMES NORTHERN CALIFORNIA, INC.
REASON FOR RECOMMENDATION:
Staff has inspected the improvements listed in the GASB 34 Reports and confirmed that they have been completed in accordance with City specifications, with the exception of the electric meter for the irrigation controller and the slurry seal of a portion of Mckee Boulevard.
Staff recommend City Council accept the completed public improvements listed in the GASB 34 Reports and accept the outstanding improvement contingent upon its completion and receipt of final unconditional lien releases. K. HOV has submitted lien releases and a one- year maintenance bond for the improvements proposed for acceptance.
FISCAL IMPACT:
The City' smaintenance costs will increase to cover the accepted improvements. The warranty bond will cover any repairs or replacements due to defective materials or workmanship for the completed improvements that may become necessary during the one- year period beginning with this acceptance. Maintenance and operating costs will be funded from Mossdale Services CFD 2004- 1.
ATTACHMENTS:
A. Resolution to Accept Public Improvements in Tract 3225 with Conditions from K. Hovnanian Homes Northern California, Inc.
B. Vicinity Map
C. GASB 34 Reports
349
CITY MANAGER' S REPORT PAGE 4
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS IN TRACT 3225 WITH CONDITIONS FROM K. HOVNANIAN HOMES NORTHERN CALIFORNIA, INC.
APPROVALS:
VI c
Bellal Nabizadah Date
Assistant Engineer
Brad 4 aylor
City ; ngineer
Cari James
Finance Dir- or
Forte
11/ 74nvS
Date
Date
liq%
Mich el King Date
7lR/ 2o7' S
Assistant City Manager
Salvador Navarrete Date
City Attorney
Steffen J. Salvatore Date
City Manager
350
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS IN TRACT 3225 WITH CONDITIONS FROM K.
HOVNANIAN HOMES NORTHERN CALIFORNIA, INC.
WHEREAS, on January 27, 2003, Council and Planning Commission approved the Mossdale Landing Project entitlements, including compliance with the California Environmental Quality Act ( CEQA), adoption of the Urban Design Concept ( UDC), Vesting Tentative Subdivision Map ( VTM) for Tract 3142, VTM for Tract 3225, and a Development Agreement ( DA) for the Mossdale Landing Project. The land for Tract 3225 lies within the geographic boundaries of the VTM; and WHEREAS, the developer, Lathrop Mossdale Investors, LP ( LMI), was required to use the low - density residential area of Tract 3225 as a recycled - water storage pond ( S1) until a river discharge permit was obtained from the Regional Water Quality Control Board ( RWQCB). LMI retained reversionary rights to the S1 land to regain title once alternative recycled - water disposal methods were funded by LMI; and WHEREAS, LMI agreed to fund a portion of the Surface Water Discharge Project corresponding to the pro -rata share of the S1 pond. On January 8, 2024, the Council approved the Project Funding Agreement with LMI and a quitclaim deed transferring ownership of the S1 property to K. Hovnanian Homes Northern California, Inc. (K. HOV) at LMI' s request; and
WHEREAS, on July 8, 2024, City Council approved the Final Map for Tract 3225, establishing 66 single- family lots. In accordance with the Lathrop Municipal Code, approval of Tract 3225 included a Subdivision Improvement Agreement ( SIA) to ensure completion of public improvements; and
WHEREAS, an electric meter has not yet been installed for an irrigation controller due to delays in PG& Ereview and approval and the slurry seal of a portion of McKee Boulevard has not been completed. The Performance and Labor & Materials bonds associated with the SIA will remain in place until the City Engineer determines that the outstanding work is complete; and
WHEREAS, staff has inspected the public improvements associated with the SIA for Tract 3225, as listed in the GASB 34 Reports and the City Engineer has deemed them complete and in compliance with approved plans and specifications, with the exception of an electric meter that has not yet been installed for an irrigation controller due to delays in PG& E review and approval and the slurry seal of a portion of McKee Boulevard; and
WHEREAS, to guarantee completion of the remaining work for Tract 3225, Performance Bond No. SURU2210003499 in the amount of $ 5, 156,18 and Labor & Materials Bond No. SURU2210003499 in the amount of $ 2, 578, 059 will remain in place until staff inspect the outstanding improvement and the City Engineer deems it complete. Upon completion, staff will release both the Performance and Labor & Materials bonds; and
351
WHEREAS, K. H0V has submitted a one- year warranty bond equal to 10 percent of the completed construction costs, along with lien releases for the improvements proposed for acceptance. The bonds are detailed in Table 1 below Table 1
Tract No.
Performance Bond
Number/ Value
Labor & Materials
Bond
Number/ Value
Maintenance Bond
Number/ Value
Tract 3225
SURU2210003499
5, 156,18
SURU2210003499
2, 578, 059
SURU2210003499- M1
16, 052. 59
SURU2210003499- M2
222, 386. 93
SURU2210003499- M
34, 402. 20
and
WHEREAS, staff have inspected the improvements listed in the GASB 34 Reports and confirmed that they have been completed in accordance with City specifications, with the exception of the electric meter for the irrigation controller and the slurry seal of a portion of McKee Boulevard; and
WHEREAS, staff recommend City Council accept the completed public improvements listed in the GASB 34 Reports and conditionally accept the outstanding improvement contingent upon its completion and receipt of final unconditional lien releases; and
WHEREAS, the City' s
maintenance costs will increase to cover the accepted
improvements. The warranty bond will cover any repairs or replacements due to defective materials or workmanship for the completed improvements that may become necessary during the one- year period beginning with this acceptance.
Maintenance and operating costs will be funded from Mossdale Services CFD 2004-
1. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements within Tract 3225 from K. Hov; and
BE IT FURTHER RESOLVED, that City Council does hereby conditionally accept the pending public improvement contingent upon installation of the electric meter for the irrigation controller and the slurry seal of McKee Boulevard and authorize staff to release the bonds associated with the SIA after the City Engineer confirms completion and all required documents are received. 352
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of July 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 353
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TRACT
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355
7/ 9/ 2025
City of Lathrop
Project Acceptance
GASB 34 Report)
Submitted By: MacKay & Somps - Ted Park
Project: Tract 3225 - Neighborhood Improvements
Tract 3225 - Escala @ Stanford Crossing, Bound by Brookhurst Dr, Address: Golden Valley Parkway, and McKee Blvd
SOFT COSTS
ATTACHMENT
s,4a
Date: 06/ 24/025
Unit Price Amount
4 Civil Engineering ( Mackay & Somps)
5 Construction Staking ( Mackay & Somps)
120, 90. 0
95, 000.
120, 90. 0
95, 000.
Item
A Fine Grade, Rock and Pave
Description Unit Qty
Subtotal:
Unit Price Amount
215, 900. 0
1 Finish Grade ( BOW to BOW)
2 5.' AB @ Curb & Gutter
3 4.5" AC/ 7.0" AB @ Streets
4 12" Deep Lift @ McKee Blvd
5 2" Grind & Overlay - Mckee Blvd
6 Striping and Markings
7 Install Monument
LS 1 $ 100, 00. $ 100, 00.
LF 5, 050 $ 4. 25 $ 21, 462. 50
SF 64,50 $ 4. 05 $ 261, 832. 50
LF 800 $ 16. 50 $ 13, 200. 0
SF 15, 600 $ 3.0 $ 51, 480. 0
LS 1 $ 19, 000. $ 19, 000.
EA 1 $ 14, 000. $ 14, 000.
Subtotal:
B Concrete Work
480, 975. 00
1 Vertical Curb and Gutter
2 6' Separated Sidewalk
3 Residential Driveways
4 Curb Ramps
LF 5, 050
SF 23,50
EA 66
EA 8
31. 00
8. 30
1, 250. 0
4, 950. 0
156, 550. 0
192, 975. 00
82, 500. 0
39, 600. 0
Subtotal: $ 471, 625. 00
C Sanitary Sewer
Notice To Proceed
Total Items Below
1 8" SDR- 26
2 4" Sewer Laterals
3 SSMH ( 48")
4 Connect to ex SS Stub
5 Dewatering
LS 1 $ 84, 600. 0 $ 84, 600. 0
LS 1 $ 321, 65. 00 $ 321, 65. 00
LF 2110
EA 66
EA 11
EA 1
EA 23
Subtotal: $ 406, 215. 00
D Storm Drain
Notice To Proceed
Total Items Below
1 15" Polypropylene
2 18" Polypropylene
3 24" Polypropylene
4 30" Polypropylene
5 SDMH ( 48")
6 Type 1 Catch Basins
7 Connect to ex SD Stub
LS 1 562, 100. 0 $ 62, 100. 0
LS 1 $ 203, 447. 25 $ 203, 447. 25
LF 230
LF 1405
LF 150
LF 30
EA 3
EA 18
EA 1
Subtotal: $ 265, 547. 25
S, PWK\ I-OLD\ Staff Reporrs\ 2025\ 07- July\( BN) Accept Public Improvements for Tract 3225\ GASB 34\ Tract 3225 - IP - GASB34 - 2025- 06- 24. xlsx 356
7/ 9/ 2025
Item
E Domestic Water
Description Unit Qty Unit Price Amount
Notice to Proceed
Total Items Below
1 8" C900 DR18
2 8" Gate Valve
3 1.5" Water Service
6 Fire Hydrants
10 Connect to ex stub
LS 1
LS 1
LF 2080
EA 9
EA 66
EA 6
EA 2
292, 500. 0
165, 483. 00
292, 500. 0
165, 483. 00
Subtotal: $ 457, 983. 00
F Streetlights
1 Post -top Electrolier
2 1 1/ 2" sch 40. pvc conduit with 2-# 8 copper wire
3 State #3-1/ 2 pull box
EA 14
LF 933
LF 30
8,27. 00
12. 00
225. 00
123, 578. 00
11,96. 00
6, 750. 0
Subtotal:
Hard Cost Subtotal
Softcost Total
141, 524. 00
2,23, 869. 25
215, 900. 0
Total $ 2, 439, 769. 25
S:\ PWK\ TOLD \ Staff Reports \ 2025\ 07- JWy\( BN) Accept Public Improvements for Tract 3225\ GASB 34, Tract 3225 - IP - GASB34 - 2025- 06- 24. xlsx 357
City of Lathrop
Project Acceptance
GASB 34 Report)
Submitted By: MacKay & Somps - Ted Park
Project: Tract 3225 - Sound Wall
Tract 3225 - Escala @ Stanford Crossing, Bound by Brookhurst Dr, Address: Golden Valley Parkway, and McKee Blvd
SOFT COSTS
1 Bonding
Item
A Wall Construction
Description
Date: 06/ 24/025
Unit Price Amount
24, 878 $ 24, 878
Unit
Subtotal: 24, 878. 00
Unit Price Amount
1 up to 9' Tall Precast Masonry Sound Wall
2 up to 6' Ta11 Precast Masonry Sound Wall
LF
LF
580 $ 276. 30 $ 160, 254. 00
930 $ 197. 60 $ 183, 768. 00
Subtotal: 344, 022.0
Hard Cost Subtotal $ 344, 022.0
Softcost Total $ 24, 878. 00
Total $368, 900. 0
358
City of Lathrop
Project Acceptance
GASB 34 Report)
Submitted By:
Project:
Address:
MacKay & Somps - Ted Park
Tract 3225 - Landscaping
Tract 3225 - Escala @ Stanford Crossing, Bound by Brookhurst Dr, Golden Valley Parkway, and McKee Blvd
SOFT COSTS
1 2
Landscape Design ( Jensen Landscapes) - Design costs will be included with Tract 3225 acceptance
Bonding
Item
A Landscape
Description
Date: 06/ 24/025
Unit Price Amount
0.0 $ 0.0
27, 830. 0 $ 27, 830. 0
1 Percolation Testing
2 Soils Testing
3 Weed Abatement
4 Soil Preparation
5 Fine Grading
6 Root Barriers ( 24" x2' Panels)
7 15G Tree
8 1G Plant
9 2G Plant
10 5G Plant
11 ROW Planting Allowance
12 Mulch
B Irrigation
Unit gty
LS 1
EA 1
EA 1
EA 1
SF 21500
SF 21500
LF 708
EA 34
EA 327
EA 18
EA 549
EA 1
SF 21500
Subtotal: $ 27, 830. 0
Unit Price Amount
60, 334. 60
1, 750. 0
60, 334. 60
F General
Subtotal: $ 60, 334. 60
LS 1 100,91. 30 100,91. 30
1 Restroom & Wash Facility
2 Mobilization
3 Cleanup
4 Irrigation As- Builts
5 Traffic Control
6 Handle Spoils
7 90 day maintenance
Subtotal: $ 100,91. 30
LS 1 $ 3674. 10 $ 3, 674. 10
LS 1
EA 1
LS 1
LS 1
LS 1
LS 1
Month 3 $ 2, 600. 0 $ 7, 800. 00
Subtotal: $ 11, 474. 10
Hard Cost Subtotal $ 172, 000.
Softcost Total $ 27, 830. 0
Total $ 199, 830. 0
359
PAGE LEFT
INTENTIONALLY
BLANK
360
ITEM 4. 11
CITY MANAGER' S REPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY CITY MANAGER' SEXECUTION OF CHANGE
ORDER NO. 3 AND ACCEPT PUBLIC IMPROVEMENTS
CONSTRUCTED BY GEORGE REED, INC. FOR ROTH
ROAD PAVEMENT REHABILITATION, CIP PS 25- 04
RECOMMENDATION: Adopt Resolution to Ratify City Manager' s Execution
of Change Order No. 3, Accept Public Improvements
Constructed by George Reed, Inc. for Roth Road
Pavement Rehabilitation CIP PS 25- 04, and
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
George Reed Inc. (George Reed) completed construction of Capital Improvement Project ( CIP) PS 25- 04 for Roth Road Pavement Rehabilitation ( Project). The scope of work consisted of grinding and overlaying 3" of Hot Mix Asphalt ( HMA), installing glasgrid pavement reinforcement, and installing new signing and striping along Roth Road from Manthey Road to Intermodal Way. The contract amount was $ 1, 339, 543 with an approved contingency of $ 201, 000.
During the construction phase, Change Orders No. 1 and No. 2, totaling $ 162, 838, were approved to address unforeseen pavement repairs. The Project has reached completion
ratification,
and
to reconcile
a final change
the ultimate
order
quantities
of $ 108, 023
of the
is needed,
constructed
pending
bid.
City
Staff
Manager' s
requests
that City Council adopt a resolution to ratify City Manager' s execution of Change Order No. 3 with George Reed in the amount of $ 108, 023 for the final constructed bid quantities.
The total cost for the change orders and final balance is $ 270, 861. Of this, the approved contingency covers $ 201, 000, leaving a remaining balance of $69, 861. The California Department of Transportation ( Caltrans) has authorized the release of 1, 694, 522 in federal funds with a local match of $285, 000for a total Project budget of $ 1, 979, 522. Upon receiving reimbursement from Caltrans, the Project will have adequate funds to cover the remaining final balance.
The construction of CIP PS 25- 04 has been successfully completed. Following a thorough inspection by our staff, the City Engineer has confirmed that the improvements meet all approved plans and specifications. George Reed has submitted lien releases, confirming all sub -contractors and suppliers have been paid in full, and a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.
361
CITY MANAGER' SREPORT PAGE 2
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' SEXECUTION OF CHANGE ORDER NO. 3 AND ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR ROTH ROAD PAVEMENT REHABILITATION, CIP PS 25- 04
Staff requests City Council accept the improvements constructed by George Reed for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to George Reed in the amount of $ 80, 521 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On October 14, 2024, City Council created CIP PS 25- 04 and approved a construction contract to George Reed for construction of the Project to rehabilitate Roth Road from Manthey Road to Intermodal Way. The Project removed the existing deteriorated pavement, reconstructed 3" of HMA overlay with glasgrid, and installed new thermoplastic striping and markings with reflective pavement markers.
George Reed completed construction of the Project. Staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the plans and specifications.
The construction costs referenced below capture all expenditures.
A. Construction Contract Amount $ 1, 339, 543
B. Change Order 1 - Approved $ 160, 070
C. Change Order 2 - Approved $ 2, 768
D. Change Order 3 - Pending Ratification $ 108, 023
Total Construction Costs $ 1, 610, 404
Staff request City Council accept the public improvements constructed by George Reed for the Project. Staff also request City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to George Reed in the amount of $ 80, 521 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
The project was completed by George Reed pursuant to the contract documents. Staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications.
The performance and payment bonds ( Bond No. 30232961) will be released and replaced with a one- year warranty bond ( Bond No. 30232961, $161, 040) upon City Council' s
acceptance of the improvements. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this 362
CITY MANAGER' SREPORT PAGE 3
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' SEXECUTION OF CHANGE ORDER NO. 3 AND ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR ROTH ROAD PAVEMENT REHABILITATION, CIP PS 25- 04
acceptance, due to defective materials or workmanship in connection with the completed improvements.
FISCAL IMPACT:
The approved contract amount was $ 1, 339, 543. Throughout the construction phase, contract change orders totaling $ 270, 861 were issued, resulting in a final construction cost of $ 1, 610, 404. The City secured $ 1, 694, 522 in federal funding, complemented by a required local match of $ 285, 000, which together establishes a total Project budget of $ 1, 979, 522, sufficient to successfully close out CIP PS 25- 04.
With the Project' scompletion, staff request the transfer of any unused local match funds back into the General Fund Street Repair Reserves ( 1010).
ATTACHMENTS:
A. Resolution to Ratify the City Manager' s
Execution of Change Order No. 3,
Accept Public Improvements Constructed by George Reed, Inc. for Roth Road Pavement Rehabilitation CIP PS 25- 04, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Roth Road Pavement Rehabilitation, CIP PS 25- 04 C. Change Order No. 3 ( Requested for Ratification)
363
CITY MANAGER' SREPORT PAGE 4
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' SEXECUTION OF CHANGE ORDER NO. 3 AND ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR ROTH ROAD PAVEMENT REHABILITATION, CIP PS 25- 04
APPROVALS:
Angef barca Date
Assistant Engineer
Brad
City
Cari i a es
Fina - Director
fine
io /. 2, c) Z, i
Date
7/ 10/ 22. 5
Date
7// 04° 2-1
7, 4 ()AO
Mich el King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
1• ,o•Z5
364
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY CITY MANAGER' SEXECUTION OF CHANGE ORDER NO. 3, ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR ROTH ROAD PAVEMENT REHABILITATION, CIP PS 25- 04, AND AUTHORIZE THE FILING
OF A NOTICE OF COMPLETION, THE RELEASE OF CONTRACT RETENTION,
AND THE RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, George Reed, Inc. ( George Reed) has completed construction of Roth Road Pavement Rehabilitation, Capital Improvement Project ( CIP) PS 25- 04 Project); and
WHEREAS, the Project consisted of removing the existing deteriorated pavement, reconstructing 3" of HMA overlay with pavement reinforcing fabric, and installing new thermoplastic striping and markings with reflective pavement markers; and
WHEREAS, during the construction phase, Change Orders No. 1 and No. 2, totaling $ 162, 838, were approved to address unforeseen pavement repairs.; and WHEREAS, the Project has reached completion and a final change order of 108, 023 is needed, pending City Manager' sratification, to reconcile the ultimate quantities of the constructed bid; and
WHEREAS, staff requests that City Council adopt a resolution to ratify City Manager' s execution of Change Order No. 3 with George Reed in the amount of 108, 023 for the final constructed bid quantities; and
WHEREAS, the total cost for the change orders and final balance is $ 270, 861.
Of this, the approved contingency covers $ 201, 000, leaving a remaining balance of 69, 861; and
WHEREAS, the California Department of Transportation ( Caltrans) has authorized the release of $ 1, 694, 522 in federal funds with a local match of $ 285, 000 for a total Project budget of $ 1, 979, 522. Upon receiving reimbursement from Caltrans, the Project will have adequate funds to cover the remaining final balance; and
WHEREAS, the construction of CIP PS 25- 04 has been successfully completed.
Staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and WHEREAS, George Reed has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, George Reed has submitted a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and 365
WHEREAS, the performance and payment bonds ( Bond No. 30232961) will be released and replaced with a one- year warranty bond ( Bond No. 30232961, 161, 040) upon City Council' sacceptance of the improvements; and WHEREAS, with the Project' scompletion, staff request the transfer of any unused local match funds back into the General Fund Street Repair Reserves ( 1010); and
WHEREAS, staff request City Council accept the public improvements constructed by George Reed for Roth Road Pavement Rehabilitation, CIP PS 25- 04; and
WHEREAS, staff also request City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk upon acceptance of the improvements, release of contract retention to George Reed in the amount of $ 80, 521 within fortyfive ( 45) days after the recording of the Notice of Completion, and the release of the performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby ratify City Manager' s action to execute Contract Change Order No. 3 with George Reed, Inc., in the amount of $ 108, 023, for Roth Road Pavement Rehabilitation, CIP PS 25- 04; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by George Reed for Roth Road Pavement Rehabilitation, CIP PS 25- 04; 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, release of contract retention to George Reed in the amount of $80, 521 within fortyfive ( 45) days after the recording of the Notice of Completion, and release of performance and payment bonds; and
BE IT FURTHER RESOLVED, that City Council also authorizes the return of unused local match funds back into the General Fund Street Repair Reserves ( 1010). 366
The foregoing resolution was passed and adopted this 14th day of July 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 367
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)
1 Attachment
e
K N
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, ifthere is only one owner, and that the full names and addresses of all the co - owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co - owners is fee title (e.g. fee title, leasehold, joint tenancy, etc.).
4. That on the 14th day ofJuly 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: George Reed, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO.
George Reed, Inc. P. O. Box 4760
CITY STATE
Modesto CA 95354
7. That the real property herein referred to is situated in the City of Lathrop County of San Joaquin, State of California, and is described as follows:
CIP PS 25- 04 Roth Road Pavement Rehabilitation
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
368
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated July 14, 2025 by George Reed, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on July 14, 2025, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
369
Docusign Envelope ID: BE8A1DFA- 3E30- 46E0- AD58- 25C1275CE1E5 Attachment C
BALANCING CONTRACT CHANGE ORDER SUMMARY
Roth Rd Pavement Rehabilitation, CIP PS 25- 04
Bid Item List Quanttt
George Reed, Inc.
ORIGINAL COST FINAL COST
Unit I Unit Cost I Subtotal Quantity I Subtotal I Difference 1 Mobilization, Bonds & Insurance 1 LS 43, 250. 5 43, 250. 5 1. 00 43, 250. 5 0.0 2 Traffic Control 1 LS 100, 00. 100, 00. 1. 00 100, 00. 0.0 3 Erosion and Sediment Control Plan (ESC(?) 1 LS 4. 500. 0 4, 500. 0 1. 00 4, 500. 0 0.0 4 Lower and Raise Water Valve Covers ( City of Lathrop) 17 EA 1, 500. 0 25, 500. 0 22. 00 33, 000. 7, 500. 0 5 Lower and Raise Sanitary Sewer Manhole Covers (City of 6 EA 2, 000. 12, 000. 6. 00 12, 000. 0.0 6 Lower and Raise Monument Covers 3 EA 1, 500. 0 4, 500. 0 3. 00 4, 500. 0 0.0 7 Digouts as Shown per Plans 15, 000 SF 0. 85 12, 750. 0 26, 729. 00 22, 719. 65 9,69. 65 8 Remove and Replace In -Kind Traffic Signal Loop 1 LS 5,10. 0 5,10. 0 1. 00 5,10. 0 0.0 9 Grind and Dispose 3" AC 235, 900 SF 0. 50 117, 950. 0 258, 896. 64 129, 448. 32 11, 498. 32 10 Place HMA et 3" Depth / Single Lifts 5, 325 TON 5116. 00 617, 700. 0 6, 067. 30 703, 806.0 86, 106. 80 11 Install Tensar 8502 Glasgrid 265, 000 SF 1. 08 286,00. 0 260, 661. 00 281, 53. 88 4, 686. 12 12 Remove and Construct Median Island 60 LF 118. 50 7, 110. 0 64. 00 7, 584. 00 474. 00 13 Thermoplastic Striping -12" White Line 400 LF 10. 00 4, 000. 618. 00 6, 180. 0 2, 180. 0 14 Thermoplastic Striping - 8" Chevrons 240 LF 3. 00 5720. 0 240. 00 720. 00 0.0 15 Thermoplastic Striping - 8" White / Yellow Hatch 730 LF 3. 00 2, 190. 0 730. 00 2, 190. 0 0.0 16 Thermoplastic Striping- Caltrans Std. Pln. A20, Detail 9 740 LF 1. 00 740. 00 1, 080. 1. 080. 340. 00 17 Thermoplastic Striping - Caltrans Std. PIn. A20, Detail 22 4, 670 LF 3. 50 16, 345. 00 4, 125. 00 14, 437. 50 1, 907. 50 18 Thermoplastic Striping- Caltrans Std. PIn. A20. Detail 25 1, 310 LF 1. 50 1, 965. 00 1, 635. 00 2, 452. 50 487. 50 19 Thermoplastic Striping- Caltrans Std. PIn. A20, Detail 27B 12, 630 LF 1. 50 18, 945. 00 11, 984. 00 17, 976. 00 969. 00 20 Thermoplastic Striping -Caltrans Std. PIn. A20, Detail 29 1020 LF 7. 00 7, 140. 0 835. 00 5, 845. 00 1, 295. 00 21 Thermoplastic Striping -Caltrans Std. PIn. A20, Detail 32 525 LF 6. 50 3, 412. 50 415. 00 2, 697. 50 715. 00 22 Thermoplastic Striping - Caltrans Std. PIn. A20, Detail 38 1700 LF 2. 15 3, 655. 00 1, 960. 0 4, 214. 00 559. 00 23 Thermoplastic Striping -Caltrans Std. PIn. A20, Detail 37B 240 LF 2. 00 480. 00 170. 00 340. 00 140. 00 24 Thermoplastic Striping -Caltrans Std. PIn. A20, Detail 41 120 LF 2. 00 240. 00 0.0 240. 00 25 8' STOP, AHEAD, XING, KEEP, CLEAR Legends 30 EA 540. 00 16, 200. 0 30. 00 16, 200. 0 0.0 26 Thermoplastic Marking -Type I Arrow 7 EA 140. 00 980. 00 7. 00 980. 00 0.0 27 Thermoplastic Marking -Type IV Arrow ( Left or Right) 30 EA 150. 00 4, 500. 0 26. 00 3, 900. 0 600. 00 28 Thermoplastic Marking -Type VII Arrow 2 EA 270. 00 540. 00 0.0 540. 00 29 Insert Blue RPM Cot Fire Hydrant 8 EA 65. 00 520. 00 8. 00 520. 00 0.0 30 Install Shoulder Backing 1 LS 500. 00 500. 00 1. 00 500. 00 0.0 31 Install Signage per Plans 1 LS 19, 500. 0 19, 500. 0 1. 00 19, 500. 0 0.0 Contract
Subtotal 1, 339, 543. 00 Subtotal 1, 447, 565. 6 108, 022. 65 Change Orders
CCO 1 Median Sub -grade Removal and Deeplift Asphalt 1 LS 160, 070. 160, 070. 1 160, 070. 0.0 CCO 2 Fumish and install additional signage 1 LS 2, 768. 00 2, 768. 00 1 2, 768. 00 0.0 Subtotal 162, 838. 00Subtotal 162. 838. 00 0.0
Subtotal Bid Item List + CCO 1, 502, 381. 00 Subtotal Contract Change + CCO 108, 022. 65 TOTAL CONTRACT AMOUNT $ 1, 610, 403. 65
SUMMARY
Total Balancing Change Order 5108, 022. 65
Original Contract Price
Approved Contract
Contract Bid Items Changes
Contract Change Orders
Total for extra work
Total Contract Amount After Change Orders
Approved Contingency
Approved Supplemental Contingency
Total Approved Contingency
Remaining Contingency After Change Orders
1, 339, 543. 00
1, 339, 543. 00
108, 022. 65
162, 838. 00
270, 860. 65
1, 610, 403. 65
201, 000.
201, 000.
469, 860. 65
370
CHANGE ORDER JUSTIFICATION
Roth Road Pavement Rehabilitation Project
CIP # PS 25- 04
CHANGE ORDER No. 3
Date: 5/ 22/5
Resolution: 24- 5661
Project Name: Roth Road Rehabilitation Project
Contractor: George Reed Inc.
CIP: PS 25- 04
Contract Amount : $ 1, 339, 543. 00
Contingency Amount: $ 201, 000.
Lathrop City Council awarded a construction contract and authorized the City Manager to approve change orders up to the specified project contingency amount of $ 201, 000. if needed.
Balancing Change Order
The proposed balance change order provides final bid item quantities completed by the contractor George Reed, Inc.) during construction of the project. It reconciles the differences between the original contract quantities and the actual quantities used or needed during construction. This is needed in order to provide a financial " true -up" before project closeout.
This Change Order gives authorization to the City Manager to approve Change Orders as needed up to the allowed contingency. Engineering is requesting City Manager to approve Change Order No. 3 in order to meet Building Compliance, ADA compliance and meet the expectations of the design as intended.
Submitted by:
Zak Karver (:' 5.-' z 74 Lr
Project Manager
Approved by:
BracYffaylor, P. E., City Engineer
371
Docusign Envelope ID: BE8A1DFA- 3E30- 46E0- AD58- 25C1275CE1E5 Acceptance by Contractor:
I have examined the quantities of contract items and amounts indicated as payment for extra work and deductions on the proposed final estimate. I agree to accept the total of 1, 610. 403. 65 as indicated, as total amount eamed for all work performed on the above contract, except as may be indicated below.
Exceptions (check one)
x None
As indicated on the attached letter dated:
pactojogni, Inc.
s t, Fata
Inice ianieI -Mier Sf
City of Lathrop
6/ 12/ 2025
Date
pDocuSignsd by:
tr
Ldber`' leer"'°"`_. VP -GM
Recommende , By: Reviewed By:
Project Manager
Reviewed By:
Departm
Approved By:
Analyst
Step vatore, City Manager
6C/ 4 tic
Date Brad ylor, City Engineer
6/ 13/ 2025
Date
J/ Iib( rlecDate
Approved As to Form By:
7A4N- - -
Date Salvador Navarrete, Ci Attorney Date
do -
f
Date
372
ITEM 4. 12
CITY MANAGER' S REPORT
JULY 14, 2025, CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PARCEL MAP 25- 01 FOR 2 LOTS IN TRACT
4205 WITHIN WOODLANDS EAST DISTRICT OF
RIVER ISLANDS
RECOMMENDATION: Adopt Resolution to Approve Parcel Map 25- 01 for 2 Lots in Tract 4205 within the Woodlands East District
of River Islands
SUMMARY:
The proposed Parcel Map 25- 01, included as Attachment " B", is within the Woodlands East District of Phase 2 for the River Islands Project ( Parcel Map). Califia, LLC ( River Islands) is proposing two lots, one for a K- 8 school and the other for a private gymnasium. Staff recommend City Council approve the proposed Parcel Map.
BACKGROUND:
On March 25, 2024, City Council approved a large lot final map, Tract 4205, within the Woodlands East District of Phase 2 of the River Islands Project ( Tract 4205). The proposed Parcel Map will subdivide Lot 17 of Tract 4205 into two parcels, one for a proposed K- 8 school, and the other for a private gymnasium site. River Islands applied for, and the City approved a tentative parcel map waiver for Parcel 17 of Tract 4205.
Tract 4205 placed a Public Utility Easement ( PUE) over each parcel, including Parcel
17. After the filing of the Tract 4205, an Offer of Dedication for PUE was recorded in September 2024 at the request of PG& Ethat allowed the extension of its facilities to the site.
With the Parcel Map, the existing PUEs will be abandoned and more precise PUEs are proposed for the two resultant properties in accordance with City Standards and as required by the Subdivision Map Act. Council approval of the Parcel Map is necessary since Council approved the establishment of the existing PUE with Tract 4205.
REASON FOR RECOMMENDATION:
The Parcel Map will create two parcels for a proposed K- 8 school and a private gymnasium in addition to adjusting the existing PUEs to be consistent with City Standards and the Subdivision Map Act.
FISCAL IMPACT:
There is no fiscal impact to the City as all costs are covered by development fees. 373
CITY MANAGER' S REPORT
JULY 14, 2025, CITY COUNCIL REGULAR MEETING
APPROVE PARCEL MAP 25- 01 FOR 2 LOTS IN TRACT 4205 WITHIN
WOODLANDS EAST DISTRICT OF RIVER ISLANDS
ATTACHMENTS:
PAGE 2
A. Resolution to Approve Parcel Map 25- 01 for 2 Lots in Tract 4205 within the Woodlands East District of River Islands
B. Parcel Map 25- 01
374
CITY MANAGER' SREPORT
JULY 14, 2025, CITY COUNCIL REGULAR MEETING
APPROVE PARCEL MAP 25- 01 FOR 2 LOTS IN TRACT 4205 WITHIN
WOODLANDS EAST DISTRICT OF RIVER ISLANDS
APPROVALS
Brad jraylor
City Engineer
r3c5rN )
Date
PAGE 3
1/ 3/ 7a75 —
Thomas Hedegard Date
Deputy City Manager
7c. t
Michel King Date
Assistant City Manager
2,?— Lgo2J
Salvador Navarrte Date
City Attorney
7.9. 26
Stephen Salvatore Date
City Manager
375
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE PARCEL MAP 25- 01 FOR 2 LOTS IN TRACT 4205 WITHIN THE
WOODLANDS EAST DISTRICT OF RIVER ISLANDS
WHEREAS, on March 25, 2024, City Council approved a large lot final map, Tract 4205, within the Woodlands East District of Phase 2 of the River Islands Project Tract 4205); and
WHEREAS, the proposed Parcel Map 25- 01, included as Attachment " B" to the City Manager' s Report, is within the Woodlands East District of Phase 2 for the River Islands Project ( Parcel Map); and
WHEREAS, the proposed Parcel Map will subdivide Lot 17 of Tract 4205 into two parcels, one for a proposed K- 8 school, and the other for a private gymnasium site. River Islands applied for, and the City approved a tentative parcel map waiver for Parcel 17 of Tract 4205; and
WHEREAS, Tract 4205 placed a Public Utility Easement ( PUE) over each parcel, including Parcel 17. After the filing of the Tract 4205, an Offer of Dedication for PUE was recorded in September 2024 at the request of PG& E that allowed the extension of its facilities to the site; and
WHEREAS, with the proposed Parcel Map, the existing PUEs will be abandoned and more precise PUEs are proposed for the two resultant properties in accordance with City Standards and as required by the Subdivision Map Act.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop, Parcel Map 25- 01 is hereby approved as submitted and recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office is authorized in substantially the form attached to the July 14, 2025 staff report. 376
The foregoing resolution was passed and adopted this 14th day of July 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Teresa Vargas
City Clerk
Paul Akinjo, Mayor
APPROVED AS TO FORM:
Salvador Navarrete
City Attorney
377
OWNER' S
STATEMENT
THEUNDERSIGNED,
DOES
HEREBY
STATE
THAT
THEY
ARE
THEOWNERS
OR
HAVE
SOME
RECORD
TITLE
INTEREST
IN
THE
LAND
DELINEATED
AND EMBRACED
WITHIN
THE EXTERIOR
BOUNDARY
LINE
OF
THE HEREIN
EMBODIED
PARCEL
MAP
ENTITLED, '
PARCEL
MAP
25 -
01 -
Pr,
CITY
OF
LATHROP,
CALIFORNIA,
CONSISTING
OF
THREE (
3)
SHEETS .
AND
WE
HEREBY
CONSENT
TO
THE PREPARATION
AND
FILING
OF
THIS
PARCEL
MAP
IN
THE OFFICE
OF
THE COUNTY
RECORDER
OF
SAN
JOAQUIN
CALIFORNIA.
COUNTY,
THE
REAL
PROPERTY
DESCRIBED
BELOW
ISDEDICATED
AS
ANEASEMENT
FOR PUBLIC
PURPOSES:
1. A
NON- EXCLUSIVE
EASEMENT
TO
THE
CITY LATHROP, OF
TOGETHER
WITH
THE
RIGHT
TO
CONSTRUCT, RECONSTRUCT,
REPAIR
MAINTAIN. POLES. AND
WIRES,
CABLES.
PIPES,
AND CONDUITS
AND
THEIR
APPURTENANCES
UPON,
OVER
AND
UNDER
THE STRIPS
OF
LAND
AS
SHOWN
ON
THIS
PARCEL
MAP
DESIGNATED
AS "
P. U E ' (
PUBLIC
UTILITY
EASEMENT).
OWNER
INTENDS
TOSUBDIVIDE
THE
LAND
SUBJECT
TO
THIS
MAP
WITH
ANY
AND
ALL RIPARIAN
RIGHTS
OR
OTHER
WATER
INTERESTS
TO
WHICH
THE SUBJECT
LAND
IS
ENTITLED
THEREIN
APPURTENANT
ORRELATING
TO
THE
LANDS,
WHETHER
SUCH
W
ATER
RIGHTS
SHALL
BERIPARIAN.
OVERLYING,
LITTORAL,
PERCOLATING,
PRESCRIPTIVE.
ADJUDICATED.
STATUTORY
ORCONTRACTUAL.
OWNER
DOES
NOT
INTEND
BY
THERECORDATION
OF
THIS
MAP
TO
SEVER
THE RIPARIAN
RIGHTS
GF
THE SUBJECT
LANDS
WITHIN
THE BOUNDARIES
OF
THIS
MAP
OR
THE SURROUNDING
PROPERTIES .
OWNER:
CALIFIA,
LLC.
ACALIFORNIA
LIMITED
LIABILITY
COMPANY
BY: NAME:
SUSAN
DELL' OSSO
DATE
ITS:
PRESIDENT
TRUSTEE' S
STATEMENT
OLD REPUBLIC
TITLE
COMPANY.
A CORPORATION, CALIFORNIA
AS
TRUSTEE.
UNDER
THE
DEED
OF
TRUST
RECORDED
APRIL
16,
2020,
ASDOCUMENT
NUMBER
2020- 046455,
AND
ASAMENDED
INDOCUMENT
RECORDED
OCTOBER
3,
2022,
ASDOCUMENT
NUMBER
2022- 114642.
AND FURTHER
AMENDED
INDOCUMENT
RECORDED
AUGUST
24,
2023.
ASDOCUMENT
NUMBER
2023- 067141.
OFFICIAL
RECORDS
OF
SAN
JOAQUIN
COUNTY. DATED
THIS
DAY
OF
2025. ACKNOWBY' NAME: ITS:
LEDGEMENT
CERTIFICATE (
OWNER)
A
NOTARY
PUBLIC
OR
OTHER
OFFICER
COMPLETING
THIS
CERTIFICATE
VERIFIES
ONLY
THE
IDENTITY
OF
THE
INDIVIDUAL
WHO
SIGNED
THE DOCUMENT
TO
WHICH
THIS
CERTIFICATE
ISATTACHED.
AND
NOT
THE TRUTHFULNESS.
ACCURACY,
ORVALIDITY
OF
THAT
DOCUMENT
STATE
OFCALIFORNIA
COUNTY
OF
SAN JOAQUIN
ON .
2025
BEFORE
ME,
A
NOTARY
PUBLIC,
PERSONALLY
APPEARED,
WHO
PROVED
TO
ME
ON
THE
BASIS
OFSATISFACTORY
EVIDENCE
TO
BE
THE PERSON( S)
WHOSE
NAME( S)
IS/ ARE
SUBSCRIBED
TO
THE WHIN
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
S) SIGNATURE(
ON
THE
INSTRUMENT
THE PERSON( S),
OR
THE
ENTITY
UPON
BEHALF
OF
WHICH
THE PERSON( S)
ACTED,
EXECUTED
THE INSTRUMENT.
I
CERTIFY
UNDER
PENALTY
OFPERJURY
UNDER
THE
LAWS
OF
THE
STATE
OFCALIFORNIA
THAT
THE FOREGONE
PARAGRAPH
IS
TRUE
AND
CORRECT.
WITNESS
MY
HANG:
SIGNATURE, NAME (
PRINT):PRINCIPAL
COUNTY
OFBUSINESS.
MYCOMMISSION
NUMBER:
MYCOMMISSION
EXPIRES:
PARCEL
MAP
25 -
01 -
PM
RIVER
ISLANDS -
PHASE
2 A
PORTION
OFRANCHO
ELPESCADERO,
BEING
ASUBDINSON
OF
PARCEL
17 OF
TRACT
4205 (
44 MAP
95),
CITY
OF
LATHROP,
SAN
JOAQUIN
COUNTY ,
CALIFORNIA
MARCH
2025
0‘' D -
ELL ENGINEERING
CITY
CLERK' S
STATEMENT
I,
TERESA
VARGAS,
CITY
CLERK
AND
CLERK
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
LATHROP ,
STATE
OF
CALIFORNIA,
DOHEREBY
STATE
THAT
THE HEREIN
EMBODIED
MAP
ENTITLED "
PARCEL
MAP
25 -
01 -
PM ',
CITY
OF
LATHROP,
CALIFORNIA.
CONSISTING
OF
THREE (
3)
SHEETS.
THIS
STATEMENT
WAS
PRESENTED
TO
SAID
CITY
COUNCIL,
ASPROVIDED
BY
LAW,
AT
A
MEETING
THEREOF,
HELD
ON
THE _
DAY
OF
2025,
AND
THAT
SAID
CITY
COUNCIL
DID THEREUPON
BYRESOLUTION
NO.
DULY
PASSED
AND ADOPTED
AT
SAID
MEETING ,
APPROVE
SAID
MAP.
AND AUTHORIZED
ITSRECORDATION,
AND
ACCEPTED
ON
BEHALF
OF
THE
CITY
OF
LATHROP ,
FOR PUBLIC
USE,
THE DEDICATION
OF
ALL PUBLIC
UTILITY
EASEMENTS,
AS
SHOWN
ON
SAID
PARCEL
MAP
SUBJECT
TO
THE IMPROVEMENTS
BEING
COMPLETED
IN
ACCORDANCE
WITH
CHAPTER
16 ,
TITLE
16 .
20 OF
THE
CITY
OF LATHROP
MUNICIPAL
CODE.
ALSO,
PURSUANT
TO
SECTION
66434( C)
OF
THE CALIFORNIA
SUBDIVISION
MAP
ACT,
THE
CITY
OF
LATHROP
DOES
HEREBY
ABANDON
THE
NON- EXCLUSIVE
PUBLIC
UTILITY
EASEMENT (
P. U .
E.)
FOR PUBLIC
PURPOSES
RECORDED
SEPTEMBER
25,
2024,
ASDOCUMENT
NUMBER
2024- 081616,
OFFICIAL
RECORDS
OF
SAN JOAQUIN
COUNTY.
AND
AS
SHOWN
ON
THE
FINAL
MAP
OF
TRACT
4205
FILED
APRIL
24,
2024
IN
BOOK
44 OF
MAPS
AND PLATS,
PAGE
95,
OFFICIAL
RECORDS
OF
SAN
JOAQUIN
COUNTY,
WTHIN
THE BOUNDARY
OF
THIS
PARCEL
MAP. I
FURTHER
STATE
THAT
ALL BONDS
ASREQUIRED
BY
LAW
TOACCOMPANY
THE WITHIN
MAP,
IFAPPLICABLE,
HAVE
BEEN
APPROVED
BY
THE
QTY
COUNCIL
OF
LATHROP
AND
FILED
IN
MYOFFICE.
TERESA
VARGAS
CITY
CLERK
AND
CLERK
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
LATHROP.
COUNTY
OF
SAN JOAQUIN,
STATE
OFCALIFORNIA ACKNOWLEDGEMENT
CERTIFICATE (
TRUSTEE)
A
NOTARY
PUBLIC
OR
OTHER
OFFICER
COMPLETING
THIS
CERTIFICATE
VERIFIES
ONLY
THE
IDENTITY
OF
THE
INDIVIDUAL
WHO
SIGNED
THE DOCUMENT
TOWHICH
THIS
CERTIFICATE
ISATTACHED,
AND
NOT
THE TRUTHFULNESS,
ACCURACY,
ORVALIDITY
OF
THAT
DOCUMENT
STATE
OFCALIFORNIA
COUNTY
OF
SAN JOAQUIN
ON
2025
BEFORE
ME
A
NOTARY
PUBLIC,
PERSONALLY
APPEARED
WHO
PROVED
TO
ME
ON
THE
BASS
OFSATISFACTORY
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
OFWHICH
THE PERSON( S)
ACTED,
EXECUTED
THE
INSTRUMENT.
I
CERTIFY
UNDER
PENALTY
OFPERJURY
UNDER
THE
LAWS
OF
THE
STATE
OFCALIFORNIA
THAT
THE FOREGOING
PARAGRAPH
IS
TRUE
AND CORRECT.WTNESS
MY
HAND:
SIGNATURE: NAME (
PRINT):PRINCIPAL
COUNTY
OFBUSINESS:
MYCOMMISSION
NUMBER:
MYCOMMISSION
EXPIRES:
EXEMPT
FROM
FEE
PERGOVERNMENT
CODE
27388. 1,
DOCUMENT
RECORDED
INCONNECTION
WITH
ACONCURRENT
TRANSFER
SUBJECT
TO
THE
IMPOSITION
OFDOCUMENTARY
TRANSFER
TAX
SECRETARY
OF
THE
THIS
MAP
CONFORMS
TO
VESTING
TENTATIVE
AND APPROVED
BY
THE
CITY
COUNCIL
PER
DATED
THIS
DAY
OF
RICARDO
CAGUTAT,
COMMUNITY
DEVELOPMENT
CITY
OF
LATHROP
CITY
ENGINEER' S
I,
BRAD
R.
TAYLOR.
HEREBY
STATE
THAT
I
SUBDIVISION
SHO
WN
HEREON
IS
TENTATIVE
MAP,
IFREQUIRED,
AND
ANY
THAT
THIS
PARCEL
MAP
COMPLIES
WITH
ALL
THE LATHROP
MUNICIPAL
CODE
OF
AT
THE
TIME
OFAPPROVAL
OF
THE
DATED
THIS
DAY
OF
BRAD
R.
TAYLOR,
R. C .
E .
92823
CITY
ENGINEER
OF
THE
CITY
OF
LATHROP,
RECORDER' S
STATEMENT
FILED
THIS
DAY
OF
IN
BOOK
OF
PARCEL
MAPS,
AT
PAGE
FE
E
I
BY:
STEVE
BESTOLARIDES
ASSESSOR -
RECORDER -
COUNTY
CLERK
SAN
JOAQUIN
COUNTY,
CALIFORNIA
378
CITY
SURVEYORS
STATEMENT
I, A.
DARRYL
ALEXANDER,
HEREBY
STATE
THAT
I
HAVE
EXAMINED
THIS
PARCEL
MAP
AND
IT
COMPLIES
WITH
ALL PROVISIONS
OFCHAPTER
2 OF
THE CALIFORNIA
SUBDIVISION
MAP
ACT.
AS
AMENDED.
AND
THAT
THIS
PARCEL
MAP
ISTECHNICALLY
CORRECT .
DATED
THIS
DAY
OF
2025.
DARRYL
A. ALEXANDER.
L. P.
S.
5071
ACTING
CITY
SURVEYOR SURVEYORS
STATEMENT
THIS
MAP
WAS
PREPARED
BY
ME
OR
UNDER
MYDIRECTION
AND
IS
BASED
UPON
A
FIELD
SURVEY
INCONFORMANCE
WITH
THEREQUIREMENTS
OF
THE SUBDIVISION
MAP
ACT
AND
LOCAL
ORDINANCE
AT
THE REQUEST
OFCALIFIA,
LLC,
ON 2024.
DECEMBER,
I
HEREBY
STATE
ALL
THE MONUMENTS
ARE
OF
THE CHARACTER
AND OCCUPY
THE POSITIONS
INDICATED
OR
THAT
THEY
WILL
BE
SET
IN
THOSE
POSITIONS
BEFORE
DECEMBER
31. 2025.
AND
THAT
THE MONUMENTS
ARE.
OR
THAT
THEY
WILL
BE, SUFFICIENT
TO
ENABLE
THIS
SURVEY
TO
BERETRACED,
AND
THAT
THIS
FINAL
MAP
SUBSTANTIALLY
CONFORMS
TO
THECONDITIONALLY
APPROVED
VESTING
MAP.
TENTATIVE
DATED
THIS
DAY
OF 2025.
DYLAN
CRAWFORD.
P. L. S
NO
7788
RECITALS 1.
RIGHT
TO
FARM
STATEMENT:
PER
CITY
OF
LATHROP
MUNICIPAL
CODE
OFORDINANCES,
TITLE
15,
15. CHAPTER
04, 48.
THE
CITY
OF LATHROP
PERMITS
OPERATION
OFPROPERLY
CONDUCTED
AGRICULTURAL
OPERATIONS
WITHIN
THE
CITY
LIMITS,
INCLUDING
THOSE
THAT
UTILIZE
CHEMICAL
FERTILIZERS
PESTICIDES. AND
YOU
ARE HEREBY
NOTIFIED
THAT
THE PROPERTY
YOU
ARE PURCHASING
MAY
BE
LOCATED
CLOSE
TOAGRICULTURAL
LANDS
ANDOPERATIONS.
YOU
MAY
BE
SUBJECT
TO
INCONVENIENCE
ORDISCOMFORT
ARISING
FROM
LAWFTHE
UL
AND
PROPER
USE
OFAGRICULTURAL
CHEMICALS
AND
PESTICIDES
AND
FROM
OTHER
AGRICULTURAL
ACTIVITIES,
INCLUDING
WITHOUT LIMITATIONS,
CULTIVATION,
PLOWING,
SPRAYING,
IRRIGATION.
PRUNING,
HARVESTING.
BURNING
OFAGRICULTURAL
WASTE
PRODUCTS. PROTECTION
OF
CROPS
AND ANIMALS
FROM
DEPREDATION.
AND OTHER
ACTIVITIES
WHICH
MAY
GENERATE
DUST,
SMOKE,
NOISE,
ODOR,
RODENTS
PESTS.
AND
BE
AWARE
ALSO,
THAT
THIS PROPERTY
MAY
BE
LOCATED
ADJACENT
TOAGRICULTURAL
OPERATIONS
OUTSIDE
THE
CITY' S
JURISDICTION.
CONSEQUENTLY,
DEPENDING
ON
THE LOCATION
OF
YOUR
PROPERTY,
IT
MAY
BENECESSARY
THAT
YOU
BEPREPARED
TO
ACCEPT
SUCH
INCONVENIENCES
ORDISCOMFORT
ASNORMAL
AND NECESSARY
ASPECT
OF
LIVING
IN
AN
AGRICULTURALLY
ACTIVE 2. REGION.
A
SOILS
REPORT
ENTITLED "
GEOTECHNICAL
EXPLORATION,
RIVER
ISLANDS
PHASE
1,
LATHROP,
CALIFORNIA",
REFERENCED
ASPROJECT
NO. 001 5044.
01 AND
DATED
JULY
29,
2005,
HAS
BEEN
PREPARED
FOR
THIS
PROJECT
BY
ENGEO, INCORPORATED, JOSEF
J.
TOOTLE.
C. E.
N0.
2677.
AND
IS
ON
FILE
WTH
THE
CITY
OF
3. LATHROP.PARCEL
MAP
25 -
01 -
PM, CONTAINS
2 PARCELS
CONTAINING
15. 020
ACRES,
MORE
OR
LESS,
AS
SHOWN
ON
THIS
PARCEL
MAP (
PLEASE
REFER
TO
THE
AREA
TABLE
BELOW):
PARCEL
MAP
AREA
SUMMARY
PARCEL
1. I
466
ACE
PARCEL
2 13. 554
HES
TOTAL
15020
AEA
4. BASED
ON
INFORMATION
CONTAINED
IN
THE TIRPRELIMINARY
E
REPORT.
ORDER
NUMBER
1214023400- LR,
VERSION
4)
DATED
2, JANUARY
2025,
PROVIDED
BY
OLD REPUBLIC
TIR
E
COMPANY.
PARCEL
MAP
25 -
01 -
PM
RIVER
ISLANDS -
PHASE
2 A
PORTION
OF
RANCHO
ELPESCADERO,
BEING
ASUBDIVISION
OF
PARCEL
17 OF
TRACT
4205 (
44 MAP
95),
CITY
OF
LATHROP,
SAN
JOAQUIN
COUNTY,
CALIFORNIA
MARCH
2025
REFERENCES RI)
TRACT
4205 ,
RIVER
ISLANDS -
PHASE
2,
FINAL
MAP,
FILED
APRIL
24,
2024,
IN
BOOK
PACE
95,
S .
J.C. R (
44 MAP
95)
R2)
TRACT
4223,
RIVER
ISLANDS -
PHASE
2,
OCTOBER
31. 2024,
IN
BOOK
44 OF
MAPS
S. J. C R (
44 MAP
133)
R3)
TRACT
4256,
RIVER
ISLANDS -
PHASE
2. FINAL
MAP.
FILED
DECEMBER
30,
2024.
IN
PLATS,
PAGE
142,
S. J C. R (
44 MAP
142)
SIGNATURE
OMISSIONS
PURSUANT
TO
SECTION
66436
OF
THE CALIFORNIA
FOLLOWING
PARTIES
HAVE
BEEN
OMITTED:
1. RECLAIMED
ISLANDS
LAND
COMPANY .
HYDROCARBON
SUBSTANCES
LONG
BELOW
A
2001- 01046177 ,
S. J C. R
2. PUBLIC
UTILITY
EASEMENT
IN
FAVOR
OF
THE
2024- 081616,
S.
J .
C .
R.
EASEMENT
ABANDONMENT
NOTE
THE
NON- EXCLUSIVE
PUBLIC
UTILITY
EASEMENT (
P. U .
SEPTEMBER
25 .
2024,
ASDOCUMENT
NUMBER
2024-
COUNTY,
AND
AS
SHOWN
ON
THE
FINAL
MAP
OF
OF
MAPS
AND
PLATS,
PAGE
95,
OFFICIAL
RECORDS
BOUNDARY
OF
THIS
MAP
IS
BEING
ABANDONED
BY
CLERK' S
STATEMENT
ON
SHEET
1. 379
MONUMENTATION
NOTES
A
SET 4' 3/
IRON
PIPE
WITH
CAP STAMPED ' PLS
7786'
OI1. SET
00' WITNESS
CORNER (
B. C)
INSIDEWALK
ON
ALONG,
PROPERTY
LINE PROJECTION,
RADIAL
BEARING
ORPERPENDICULAR
TOCENTERLINE.
17'.
BRASS
DISK
STAMPED ' PLS
7788'
X
FOUND
00' 1.
WITNESS
CORNER (C.) N.
IN
SIDEWALK
ON
ALONG,
PROPERTY PROJECTION, LINE
RADIAL
BEARING
ORPERPENDICULAR
TOCENTERLINE , 1. 17' BRASS
DISK
STAMPED ' PLO
7788'
PER (
R2)
FOUND
MONUMENT
PER (
RI) & (
R2),
UNLESS
OTHERWISE
NOTED
FOUND
4' 3/
IRON
PIPE
WITH
PLASTIC
PLUG "
PLS
7788 "
PER (
R1) & (
R2)
FOUND
2' 1/ 2-
BRASS
DISK
STAMPED '
7788' PLS
PER (
R1) 200. LEGEND 00' (
R1)
MEASURED
AND RECORD
DATA
PER REFERENCE
SHOWN
RI)
DENOTES
REFERENCE (
R1)-
SEEREFERENCE
NOTE
ON
THIS
SHEET
M -
M)
MONUMENT
TOMONUMENT
M -
CL
INTO)
MONUMENT
TOCENTERLINE
INTERSECTION
R)
RADIAL
BEARING
0) P. TOTAL
E. U
PUBLIC
UTILITY
EASEMENT
L1/ C
LINE,
CARVE BOUNDARY LOT
LINE
OR
RIGHT- OF- WAY
LINE
EASEMENT
LINE
CENTERLINE
1P--- \
r
RPo3 =
513• 38} C4, - 17'( BC- M) 0.
4 -
7846,; 5.640 v23.',
N7546' 0
BRANTONAVENUE/ gr3; s61RL,'
V/ Wt\
o( M
J)( NCR2)
DETAIL
LINE
TABLE
LINE #
DIRECTION
LENGTH N82° L1 08" 55'
53. E
50 L2
N14" 13' 56" E
86. 57'
CURVE
TABLE
CURVE #
DELTA
RADIUS
LENGTH
CI
1'
2150. 00
00' 46"
38. 00'
735.
C2
19°
00'
57'6"
256. 12'
C3
15° 44'
735. 00'
52"
202. 02'
735.
C4
4° 00
13' 04"
54. 11'
BASIS
OF
BEARINGS
THE BEARING
OF
NORTH
141056 '
EAST
ALONG
LACROSSE
AVENUE,
AS
SHOWN
PER
TRACT
4223,
FILED
OCTOBER
31. 2024,
IN
BOOK
44 OF
MAPS
AND PLATS,
AT
PACE
133,
RECORDS
OF
SAN
JOAQUIN
COUNTY,
WAS
TAKEN
AS
THE
BASIS
OF
BEARINGS
SHOWN
ON
THIS
MAP (
ZONE
3,
NA083) .
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ABANDONMENT
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380
ITEM 4. 13
CITY MANAGER' SREPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A QUITCLAIM DEED TO ABANDON PUE,
PAE, AND EVAE AND ACCEPT EASEMENT DEEDS FOR
NEW PUE AND PAE WITHIN TRACT 4131 OF RIVER
ISLANDS
RECOMMENDATION: Adopt Resolution to Approve a Quitclaim Deed to Abandon Public Utility Easements, Public Access
Easement, and Emergency Vehicle Access Easement
and Accept Easement Deeds for New Public Utility
Easements and Public Access Easement within Tract
4131 of River Islands
SUMMARY:
River Islands Stage 2B, LLC ( River Islands) applied for, and the City approved, several lot line adjustments ( LLAs) within Tract 4131 to modify certain lot lines to address changes in proposed lot sizes and geometry and to accommodate a new parkway strip and fence along Cowper Court. As a result of these LLAs, a number of easements recorded with the original Tract Map are no longer needed, have not been utilized to date, and are proposed to be replaced with new easements that correspond to the new lotting pattern created by the LLAs.
Therefore, staff recommend Council abandon obsolete easements, rendered unnecessary by recent LLAs, pursuant to California Streets & Highways Code § 8333.
River Islands has offered new dedications for Public Utility Easements ( PUE) and Public Access Easement ( PAE) that align with the updated lotting pattern.
Staff recommend Council approve the Quitclaim Deed to abandon the existing obsolete easements and accept the offers of dedication for new easements.
BACKGROUND:
The City of Lathrop City Council approved Vesting Tentative Map ( VTM) 6716 on June 14, 2021. On August 4, 2021, Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the Old River District, known as Stage 2B, within Phase 2 of the project. The land for the proposed Final Map is within the geographic boundaries of VTM 6716 and Stage 2B.
On July 11, 2022, City Council approved the first version of the Final Map for Tract 4131 ( Final Map), but at River Islands' request it was never recorded after the prior homebuilder declined to purchase or develop the site.
On October 9, 2023, City Council rescinded the previous approval and adopted a second version of the Final Map, in which River Islands adjusted lots to accommodate both a primary and secondary dwelling unit.
381
CITY MANAGER' SREPORT PAGE 2
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A QUITCLAIM DEED TO ABANDON PUE, PAE, AND EVAE AND ACCEPT EASEMENT DEEDS FOR NEW PUE AND PAE WITHIN TRACT 4131 OF
RIVER ISLANDS
On March 25, 2025, City Council again rescinded its prior approval and adopted a third version of the Final Map which was to accommodate the primary dwelling units only.
River Islands applied for, and the City approved, several LLAs within the Final Map to modify certain lot lines to address changes in proposed lot sizes and geometry and to accommodate a new parkway strip and fence along Cowper Court. As a result of these LLAs, a number of easements recorded with the original Final Map are no longer needed, have not been utilized to date, and are proposed to be replaced with new easements that correspond to the new lotting pattern created by the LLAs.
Under California Streets and Highways Code Section 8333, easements dedicated or acquired more than one year but less than five years before a proposed vacation, and not continuously used since, may be vacated. Because these easements meet those criteria, City Council may abandon them without a public hearing. This summary vacation does not alter the underlying land designation or zoning of Tract 4131.
Abandoning the existing easements pose no conflict with any current conditions or development agreements. River Islands has offered new dedications for easements that match the revised lotting pattern. Staff recommend City Council approve the Quitclaim Deed to abandon the existing obsolete easements and accept easement deeds for the new easements. A sample of an easement deed is included in Attachment " D".
REASON FOR RECOMMENDATION:
River Islands requests abandonment of the existing easements in Tract 4131 and dedication of new easements. Because the existing easements no longer align with the updated lot layout resulting from approved LLAs, staff support River Islands' proposal and recommend Council abandon the existing obsolete easements and accept the new dedications.
FISCAL IMPACT:
There is no cost to the City to execute the Quitclaim deed. All costs for City staff time have been paid by River Islands.
382
CITY MANAGER' SREPORT PAGE 3
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A QUITCLAIM DEED TO ABANDON PUE, PAE, AND EVAE AND ACCEPT EASEMENT DEEDS FOR NEW PUE AND PAE WITHIN TRACT 4131 OF
RIVER ISLANDS
ATTACHMENTS:
A. Resolution to Approve a Quitclaim Deed to Abandon Public Utility Easements, Public Access Easements, and Emergency Vehicle Access Easement and Accept Easement Deeds for New Public Utility Easements and Public Access Easement within Tract 4131 of River Islands
B. Proposed Quitclaim Deeds from City to Village KK, LLC C. Depiction of New Proposed Easements in Tract 4131
D. Sample Easement Deed for New Public Utility Easement 383
Bradlraylor
City Engineer
CITY MANAGER' SREPORT PAGE 4
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A QUITCLAIM DEED TO ABANDON PUE, PAE, AND EVAE AND ACCEPT EASEMENT DEEDS FOR NEW PUE AND PAE WITHIN TRACT 4131 OF
RIVER ISLANDS
APPROVALS
Bellal Nabizadah Date
Assistant Engineer
7/ e0ac
Date
Thomas
74/ zoz. 6-
Hedegard Date
Deputy City Manager
rat - 7/ 1/' O7 S
Michel King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Stephen Salvatore Date
City Manager
1.0• ZS
384
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A QUITCLAIM DEED TO ABANDON PUBLIC UTILITY EASEMENTS,
PUBLIC ACCESS EASEMENT, AND EMERGENCY VEHICLE ACCESS EASEMENT
AND ACCEPT EASEMENT DEEDS FOR NEW PUBLIC UTILITY EASEMENTS AND PUBLIC ACCESS EASEMENT WITHIN TRACT 4131 OF RIVER ISLANDS WHEREAS, the City of Lathrop City Council approved Vesting Tentative Map VTM) 6716 on June 14, 2021. On August 4, 2021, Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards AG/ DS) for the Old River District, known as Stage 2B, within Phase 2 of the project.
The land for the proposed Final Map is within the geographic boundaries of VTM 6716 and Stage 2B; and
WHEREAS, on July 11, 2022, City Council approved the first version of the Final Map for Tract 4131 ( Final Map), but at the request of River Islands Stage 2B, LLC ( River Islands), it was never recorded after the prior homebuilder declined to purchase or develop the site; and
WHEREAS, on October 9, 2023, City Council rescinded the previous approval and adopted a second version of the Final Map, in which River Islands adjusted lots to accommodate both a primary and secondary dwelling unit; and WHEREAS, on March 25, 2025, City Council again rescinded its prior approval and adopted a third version of the Final Map which was to accommodate the primary dwelling units only; and
WHEREAS, River Islands applied for, and the City approved, several lot line adjustments (" LLAs") within the Final Map to modify certain lot lines to address changes in proposed lot sizes and geometry and to accommodate a new parkway strip and fence along Cowper Court; and
WHEREAS, as a result of recently approved LLAs, a number of easements recorded with the original Final Map for Tract 4131, a subdivision within the City of Lathrop, are no longer needed, have not been utilized to date, and are proposed to be replaced with new easements corresponding to the updated lotting pattern created by the LLAs; and
WHEREAS, under California Streets and Highways Code Section 8333, easements dedicated or acquired more than one year but less than five years prior to a proposed vacation, and not continuously used since, may be vacated; and WHEREAS, the existing easements satisfy the requirements of California Streets and Highways Code Section 8333; their vacation will not alter the underlying land - use designation or zoning of Tract 4131; and River Islands has offered new easements aligned with the approved LLAs; and
385
WHEREAS, River Islands has requested the abandonment of the existing easements in Tract 4131 and the dedication of new easements that reflect the updated lotting configuration; and
WHEREAS, the existing easements no longer align with the updated layout resulting from the approved LLAs, City staff support River Islands' request and recommends that the City Council abandon the existing easements and accept the new dedications offered.
NOW, THEREFORE, BE IT RESOLVED, City council of the City of Lathrop finds that the existing easements no longer align with the updated lot layout resulting from approved LLAs; the abandonment of the existing easements are made pursuant to the California Streets and Highways Code Section 8333; and the abandonment is consistent with the adopted City of Lathrop General Plan; and BE IT FURTHER RESOLVED, the City Council of the City of Lathrop hereby authorizes and directs the City Manager, or their designee, to execute the Quitclaim Deed attached as " Attachment B" to the City Manager' sReport accompanying this Resolution, thereby formally abandoning the obsolete easements within Tract 4131; and
BE IT FURTHER RESOLVED, that to accommodate the updated lot layout, the City Council of the City of Lathrop hereby accepts easement deeds for new easements
Report accompanying
within Tract
this
4131,
Resolution,
depicted
and
in " Attachment
authorizes
C"
the
to
City
the
Clerk,
City Manager' s
or their
designee, to execute the acceptance of said easements by separate documents in a form similar to the sample included as Attachment " D" to the City Manager' sReport accompanying this Resolution.
386
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of July 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST:
Teresa Vargas
City Clerk
APPROVED AS TO FORM:
Salvador Navarrete
City Attorney
387
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 27383)
SPACE ABOVE THIS LINE FOR RECORDER' SUSE
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, THE CITY OF LATHROP, a municipal corporation (" Grantor"), does hereby remise, release, and forever quitclaim to VILLAGE KK, LLC, a Delaware limited liability company (" Grantee"), its successors and assigns, any and all right, title, and interest in and to those certain Easements situated in the City of Lathrop, County of San Joaquin, State of California, particularly described and depicted in the documents attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of July 2025.
GRANTOR:
CITY OF LATHROP, a California municipal
corporation
By:
Stephen J. Salvatore, City Manager
APPROVED AS TO FORM BY THE CITY OF
LATHROP CITY ATTORNEY:
By:
Salvador Navarrete, City Attorney
ATTACH NOTARY ACKNOWLEDGMENT]
388
25503 3/1/ 2025
LEGAL DESCRIPTION
ACCESS AND PUBLIC UTILITY EASEMENT ABANDONMENT
PARCEL H
RIVER ISLANDS - TRACT 4131
CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
CERTAIN REAL PROPERTY SITUATED IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF PARCEL H AS SHOWN ON TRACT 4131 " RIVER ISLANDS - PHASE 2B - VILLAGE KK" FILED MAY 15, 2024, IN BOOK 44 OF MAPS AND PLATS, AT PAGE 98, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY. EXCEPTING THEREFROM, THE EXISTING 10 FOOT WIDE PUBLIC UTILITY EASEMENT ADJACENT TO BRENTRIDGE STREET AS SHOWN ON SAID MAP OF " TRACT 4131".
THE AFOREMENTIONED ACCESS EASEMENT CONTAINS 2, 458 SQUARE FEET, MORE OR LESS AND THE PUBLIC UTILITY EASEMENT CONTAINS 2,17 SQUARE FEET, MORE OR LESS.
ATTACHED HERETO IS A PLAT ENTITLED EXHIBIT WHICH IS INCORPORATED HEREIN BY REFERENCE.
END DESCRIPTION
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR' SACT.
WILLIAM M. KOCH
PROFESSIONAL LAND SURVEYOR
CALIFORNIA NO. 8092