December 8, 2025 – Regular Meeting Agenda – 7:00 p.m.
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December 8, 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 December 8, 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/1617658738?pwd=F1Yv2xyGMGVaJN uRbIzfxblf6WWfBT.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: 161 765 8738 / Passcode: 721579
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 December 8, 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 December 8, 2025 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, DECEMBER 8, 2025, 7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be no Closed Session. The Regular Meeting will commence at 7:00 p.m.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 ROLL CALL
1.3 INVOCATION
1.4 PLEDGE OF ALLEGIANCE
1.5 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.6 INFORMATIONAL ITEM(S) - None
1.7 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS – None
3. CITIZEN’S FORUM
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest in speaking, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by City Council majority, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST
BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4 December 8, 2025 Lathrop City Council Regular Meeting Agenda Page 4
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular City Council Meeting of October 13, 2025
4.3 SECOND READING AND ADOPTION OF ORDINANCE 25-475 OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ADD SECTIONS 13.04.125 AND
13.16.125 TO TITLE 13 (“PUBLIC SERVICES”) TO THE LATHROP
MUNICIPAL CODE TO ESTABLISH CAPACITY ALLOCATION AND
CONSUMPTION REVIEW
Waive Full Reading and Adopt Ordinance 25-475 to Add Sections
13.04.125 and 13.16.125 to Title 13 (“Public Services”) to the Lathrop Municipal Code to Establish Capacity Allocation and Consumption Review
4.4 SECOND READING AND ADOPTION OF ORDINANCE 25-476 OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND TITLE 13 (“PUBLIC SERVICE”) OF THE LATHROP MUNICIPAL CODE TO ESTABLISH A
GENERAL DEFINITION OF “PUBLIC WORKS DIRECTOR”
Waive Full Reading and Adopt Ordinance 25-476 to Amend Title 13 (“Public Service”) of the Lathrop Municipal Code to Establish a General Definition of “Public Works Director”
4.5 EXTENSION OF FIXED ROUTE FARE-FREE PROGRAM AND ALIGNMENT
OF FIXED ROUTE SCHEDULE WITH LATHROP HIGH SCHOOL SCHEDULE Adopt Resolution to Approve Lathrop Transit Fixed Route Fare-Free Program through June 30, 2026, and Modification of the Fixed Route (“School Tripper”) Schedule to Mirror the Lathrop High School Schedule
4.6 RATIFY THE PURCHASES FROM CDW-G FOR CYBER SECURITY RELATED
SOFTWARE SUBSCRIPTIONS AND AUTHORIZE ADDITIONAL CYBER
SECURITY PURCHASES
Adopt Resolution to Ratify Purchases from CDW-G for Cyber Security Related Software Subscriptions and Authorize Additional Cyber Security Purchases
5 December 8, 2025 Lathrop City Council Regular Meeting Agenda Page 5
4.7 APPROVE THE NAMING OF CITY PARK
Adopt Resolution to Approve of Naming the Basin Neighborhood Park as Sonny Dhaliwal Park
4.8 APPROVE A SERVICE CONTRACT WITH WEST COAST ENERGY SYSTEMS, LLC. FOR GENERATOR MAINTENANCE AND REPAIR SERVICES AND
APPROVE BUDGET AMENDMENT
Adopt Resolution Approving a Service Contract with West Coast Energy Systems LLC for Generator Maintenance and Repair Services and Approve Budget Amendment
4.9 APPROVE PURCHASE OF PRECAST BIKE LANE DIVIDERS FROM SEMA
PRECAST FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-20
Adopt Resolution to Approve the Purchase of Precast Bike Lane Dividers from SEMA Precast for the Spartan Way Traffic Safety Enhancements, CIP PS 26-20
4.10 APPROVE A CONSTRUCTION CONTRACT WITH CERVANTES LANDSCAPE SERVICES, INC., FOR THE MEDIAN FENCE ASSOCIATED WITH SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-20
Adopt Resolution to Approve a Construction Contract with Cervantes Landscape Services, Inc., for the Median Fence associated with Spartan Way Traffic Safety Enhancements, CIP PS 26-20
4.11 APPROVE A CONSTRUCTION CONTRACT WITH LAFLUER ENGINEERING INC., FOR EAST LATHROP WATER MAIN AND LATERAL UPGRADES, CIP PW 24-12
Adopt Resolution to Approve a Construction Contract with LaFleur Engineering, Inc., for East Lathrop Water Main and Lateral Upgrades, CIP PW 24-12
4.12 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2023-153 AND 2024-07 LOCATED AT 400 STANFORD CROSSING FROM
STANFORD CROSSING 195 OWNER, LLC., AND APPROVE CHANGE
ORDER NO. 35 FOR LANDSCAPE MAINTENANCE WITH DAVID SILVA,
DBA SILVA LANDSCAPE
Adopt Resolution to Accept Public Improvements Associated with Encroachment Permit No. 2023-153 and 2024-07 Located at 400 Stanford Crossing from Stanford Crossing 195 Owner, LLC., Release of Performance Bond, and Approve Change Order No. 35 for Landscape Maintenance with David Silva, DBA Silva Landscape
4.13 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA
LANDSCAPE, INC., FOR GREEN PARK IMPROVEMENTS, CIP PK 22-12 Adopt Resolution to Accept Public Improvements Constructed by Marina Landscape, Inc., for The Green Park Improvements, CIP PK 22-12, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds 6 December 8, 2025 Lathrop City Council Regular Meeting Agenda Page 6
4.14 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND JC CONCRETE, INC., FOR MOSSDALE COMMUNITY SIDEWALK REPAIRS, CIP PS 25-25
Adopt Resolution to Accept Public Improvements Constructed by MG and JC Concrete, Inc., for Mossdale Community Sidewalk Repairs, CIP PS 25-25, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.15 CREATE CITYWIDE STREETLIGHT LED CONVERSION, CIP GG 26-27, APPROVE SERVICE AGREEMENT WITH TANKO STREETLIGHTING INC.,
AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Create Citywide Streetlight LED Conversion CIP GG 26-27, Approve Service Agreement with Tanko Streetlighting Inc., and Approve Budget Amendment
RIVER ISLANDS DEVELOPMENT CONSENT ITEMS
4.16 APPROVE THE 2025 AMENDMENT OF THE RIVER ISLANDS PHASE TWO
PARKS AND OPEN SPACE MASTER PLAN
Adopt Resolution to Approve the 2025 Amendment to the River Islands Phase Two Parks and Open Space Master Plan
4.17 ACCEPT LATHROP LANDING COMMUNITY PARK IMPROVEMENTS WITH CONDITIONS FROM RIVER ISLANDS CONSTRUCTION, LLC., LOCATED
WITHIN THE TOWN CENTER DISTRICT OF RIVER ISLANDS
Adopt Resolution to Accept Lathrop Landing Community Park Improvements with Conditions from River Islands Construction, LLC., Located within the Town Center District of River Islands
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE OF THE CITY OF LATHROP TO AMEND SECTION 10.24.030 TO TITLE 10 (“VEHICLES AND TRAFFIC”) OF THE LATHROP MUNICIPAL CODE TO
DESIGNATE NO PARKING AREAS
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. Introduction and First Reading of an Ordinance to Amend Section
10.24.030 to Title 10 (“Vehicles and Traffic”) of the Lathrop Municipal Code to Designate No Parking Areas
6. COUNCIL COMMUNICATIONS
6.1 MAYOR AKINJO REFERRAL – Appointment of Vice Mayor for 2026
6.2 MAYOR AKINJO REFERRAL – Mayor and Councilmember Assignments for 2026
7 December 8, 2025 Lathrop City Council Regular Meeting Agenda Page 7
6.3 COUNCILMEMBER DIALLO REFERRAL - Discuss and Request Creating a 2x2 Committee between the City of Lathrop and San Joaquin County Sheriff’s Office for Matters Related to a Proposed Memorandum of Understanding Regarding Jurisdictional Waterways in Lathrop
6.4 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)
6.5 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, OCTOBER 13, 2025, 7: 00 P. M.
CLOSED SESSION, 6: 15 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: 17 D. M. The Regular Meeting reconvened at 7: 10 a. m.
1. PRELIMINARY
1. CALL TO ORDER - Mayor Akinjo called the meeting to order at 6: 17 p. m. and adjourned to Closed Session.
1. 2 CLOSED SESSION
1. 2. CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9(a)
1 Potential Case
1.2. LIABILITY CLAIM: Pursuant to CA Government Code Section 54956. 95:
Claimant: Ayden Horn
Agency Claimed Against: City of Lathrop
RECONVENE — Mayor Akinjo reconvened the meeting at 7: 10 p. m.
1.2.3 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that direction was provided pursuant to matters listed under Item 1.2; there was 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.
1. 4 INVOCATION - Police Chief Stephen Sealy provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE Police Chief Stephen Sealy led the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER - None
October 13, 2025 Lathrop City Council Regular Meeting Minutes Page 1 9 1. 7 INFORMATIONAL ITEM( S) - None
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST
Councilmember Lazard declared a conflict of interest with Item 4. 17 through Item 4. 22, due to her employment with Dell' Osso Farms.
2. PRESENTATIONS
2. 1 PROCLAMATION DECLARING OCTOBER 2025 AS HINDU HERITAGE MONTH
Mayor Akinjo, joined by the City Council, presented a proclamation to members of the community designating October 2025 as Hindu Heritage Month. The following community members were present to accept the proclamation and offer remarks: Poonam Dahiya, Advaita, Rajesh Mehrotra, Palash Bharadwaj, Pranita Pilkhne, Ankit Mittal, Anand Kuchibhotla, Geetha, Eshha, Nayanika, and Aahana Sharma.
2. RECOGNITION OF UTILITY PLANT SUPERVISOR CHRIS HART FOR 26
YEARS OF SERVICE WITH THE CITY OF LATHROP
Assistant City Manager Michael King announced the retirement of Utility Plant Supervisor Chris Hart, expressing appreciation for his service to the City of Lathrop and extending well wishes for his future endeavors.
Mayor Akinjo then presented Mr. Hart with a proclamation recognizing his many accomplishments and 26 years of public service.
2. 3 INTRODUCTION OF NEW EMPLOYEE( S)
Information Services Director Tony Fernandes introduced Information Systems Engineers Jose Abundis and Melissa Manske. The City Council welcomed the new employees.
3. CITIZEN' SFORUM
Anthony and Vanessa Mendoza expressed concern with " No Parking" signs on River Bend Drive and requested removal to create more available parking in the area. Jaswinder Bajwa requested the installation of additional park benches at Mossdale Park, increased sweeping in public areas, and the construction of concrete walk paths along the levee. Nate Knodt commented on public transportation matters and addressed a recent letter sent by the City of Lathrop to the San Joaquin Regional Transit District. Kajal Aggarwal expressed concerns regarding the limited availability of daycare options in the River Islands Development.
October 13, 2025 Lathrop City Council Regular Meeting Minutes Page 2 10 October 13, 2025
4. CONSENT CALENDAR
On a motion by Councilmember Lazard, seconded by Vice Mayor Torres - O' Callaghan, the City Council approved the Consent Calendar, Items 4. 1 through 4. 22, by the following roll call vote, unless otherwise indicated:
Ayes: Diallo, Dresser, Lazard, Torres- O' Callghan, and Akinjo Noes: None
Abstain: None
Absent: None
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopted by reading of title only, unless otherwise requested by the Mayor or a Councilmember.
4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular City Council Meeting of August 11, 2025.
4. 3 SECOND READING AND ADOPTION OF ORDINANCE 25- 472 OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND TITLE 15 " BUILDINGS AND CONSTRUCTION" TO INCORPORATE THE 2025 CALIFORNIA
BUILDING STANDARDS INTO THE LATHROP MUNICIPAL CODE
Waived full reading and adopted Ordinance 25- 472 amending Title 15 Buildings and Construction" to incorporate the 2025 California Building Standards into the Lathrop Municipal Code.
4. SECOND READING AND ADOPTION OF ORDINANCE 25- 473 OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ADD CHAPTER 15. 32 TO TITLE 15 " BUILDINGS AND CONSTRUCTION" TO THE LATHROP MUNICIPAL
CODE TO ESTABLISH AN EXPEDITED, STREAMLINE PERMITTING
PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
Waived full reading and adopted Ordinance 25- 473 adding Chapter
15. 32 to Title 15 " Buildings and Construction" to the Lathrop Municipal Code establishing an expedited, streamline permitting process for electric vehicle charging stations.
4. 5 ANNUAL REVIEW AND ADOPTION OF THE CITY' SINVESTMENT POLICY Adopted Resolution 25- 5888 approving the Annual Investment Policy for Fiscal Year 2025-6.
4. 6 APPROVE
BLACK -TIE
TABLE SPONSORSHIP AT THE MANTECA POLICE CHIEF' S
BALL, A NIGHT AMONG HEROES
Lathrop City Council Regular Meeting Minutes Page 3
11 Adopted Resolution 25- 5889 approving city participation and table sponsorship at the Manteca Police Chiefs Black -Tie Ball, a night among heroes, by Manteca Police Chiefs Foundation on November 1, 2025, in Manteca, California.
4. 7 RATIFY EMERGENCY SERVICE CONTRACTS WITH CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., MP ENVIRONMENTAL SERVICES, INC., AND UTILITY SERVICE COMPANY, INC., FOR THE BACKWASH
TANK AT THE LOUISE AVENUE WATER TREATMENT FACILITY
Adopted Resolution 25- 5890 ratifying Emergency Service Contracts with Clean Harbors Environmental Services, Inc., MP Environmental Services, Inc., and Utility Service Company, Inc., for the Backwash Tank at the Louise Avenue Water Treatment Facility.
4. 8 ADOPT IWRMP AMENDMENTS TO THE WATER, WASTEWATER, AND RECYCLED WATER MASTER PLANS ( PW 22- 19 AND WW 22- 24) AND
CEQA DETERMINATION
Adopted Resolution 25- 5891 approving the Integrated Water Resources Master Plan Amendments to the Water, Wastewater, and Recycled Water Master Plans ( PW 22- 19 and WW 22- 24), and to approving an Addendum to the City of Lathrop Integrated Water Resources Master Plan Environmental Impact Report in accordance with CEQA Guidelines Sections 15162 and 15164.
4. 9 APPROVE PURCHASE OF NINE ( 9) FLEET VEHICLES FROM MANTECA FORD - MERCURY, INC.
Adopted Resolution 25- 5892 approving the purchase of nine ( 9) fleet vehicles from Manteca Ford - Mercury, Inc.
4. 10 APPROVE TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
IMPLEMENTATION PLAN FOR THE CITY OF LATHROP
Adopted Resolution 25- 5893 approving Title VI Non -Discrimination Policy Implementation Plan in compliance with the Civil Rights Act of 1964 for the City of Lathrop.
4. 11 APPROVE CONTRACT CHANGE ORDER NO. 1 WITH GSE CONSTRUCTION COMPANY, INC., FOR CTF PHASE 4 EXPANSION, CIP WW 25-6 AND
APPROVE INTERFUND LOAN AGREEMENT AND CORRESPONDING
BUDGET AMENDMENT
1. Adopted Resolution 25- 5894 finding that an emergency exists, approving CCO No. 1 with GSE Construction
Company, Inc. for CTF Phase 4 Expansion, CIP WW 25-6
and approving related budget amendment; and
October 13, 2025 Lathrop City Council Regular Meeting Minutes Page 4 12 2. Adopt Resolution 25- 5895 approving an Interfund Loan from the Water Fund ( 5620) to the Wastewater ( Funds
6010, 6080, and 6030) to fund Capital Improvement
Projects ( 6090) and authorize immediate funding for the procurement and installation of the Phase 4 Headworks
Assembly.
4. 12 APPROVE AGREEMENT WITH ALISTO ENGINEERING GROUP, INC., TO
PROVIDE PROFESSIONAL ENGINEERING CONSULTING SERVICES FOR
THE MOSSDALE WASTEWATER PUMP STATION ACCESS
MODIFICATIONS AND UPGRADES PROJECT, CIP WW 26- 09
Adopted Resolution 25- 5896 approving an Agreement with Alisto Engineering Group, Inc., to provide professional engineering consulting services for the Mossdale Wastewater Pump Station Access Modifications and Upgrades Project, CIP WW 26- 09.
4. 13 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY ARROW DRILLERS INC., FOR CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03
Adopted Resolution 25- 5897 accepting public improvements constructed by Arrow Drillers, Inc., for Golden Valley Parkway and Sadler Oak Drive Fiber Optic Extension Project, CIP GG 22- 03 and authorizing the filing of a Notice of Completion, releasing of contract retention, and releasing of performance and payment bonds.
4. 14 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DSS COMPANY DBA
KNIFE RIVER CONSTRUCTION FOR LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND APPROVE
PROJECT BUDGET AMENDMENT
Adopted Resolution 25- 5898 accepting public improvements constructed by DSS Company, dba Knife River Construction, for Louise Avenue and McKinley Avenue, CIP PS 15- 02, authorizing the filing of a Notice of Completion, releasing of contract retention, releasing of Performance and Payment Bonds, and approving related budget amendment.
4. 15 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DSS COMPANY DBA
KNIFE RIVER CONSTRUCTION FOR CONSTRUCTION OF BULBOUTS ON 5TH STREET, CIP PS 25- 16
Adopted Resolution 25- 5899 accepting public improvements constructed by DSS Company dba Knife River Construction for bulbouts on 5th Street, CIP PS 25- 16, and authorizing the filing of a Notice of Completion, releasing of contract retention, and releasing of Performance and Payment Bonds.
October 13, 2025 Lathrop City Council Regular Meeting Minutes Page 5 13 4. 16 CREATE MISSIONARY MINNIE LEE COTTON PARK RESTROOM PROJECT, CIP PK 26-1 AND APPROVE BUDGET AMENDMENT
Adopted Resolution 25- 5900 creating Missionary Minnie Lee Cotton Park Restroom Project, CIP PK 26-1 and approving related budget amendment.
RIVER ISLANDS DEVELOPMENT CONSENT ITEMS
Councilmember Lazard recused herself at 8: 26 p. m. prior to the vote of Item 4. 17, due to declared conflict of interest related to her employment with Dell' 0sso Farms.
On a motion by Councilmember Diallo, seconded by Vice Mayor Torres - O' Callaghan, the City Council approved the River Island Development Consent Calendar, Items 4. 17 through 4. 22, by the following roll call vote unless otherwise noted:
Ayes: Diallo, Dresser, Torres -O' Callaghan, and Akinjo Noes: None
Abstain: Lazard
Absent: None
4. 17 APPROVE A PUBLIC INFRASTRUCTURE CREDIT AND REIMBURSEMENT AGREEMENT WITH RIVER ISLANDS DEVELOPMENT, LLC., AND CALIFIA, LLC., RELATING TO THE RIVER ISLANDS PROJECT
Adopted Resolution 25- 5901 approving Public Infrastructure Credit and Reimbursement Agreement with River Islands Development, LLC., and Califia, LLC., relating to the River Islands Development Project.
4. 18 APPROVE FINDING FOR 200 -YEAR URBAN LEVEL OF FLOOD
PROTECTION FOR THE RIVER ISLANDS PROJECT
Adopted Resolution 25- 5902 approving Finding for 200 -Year Urban Level of Flood Protection for the River Islands Project within Island Reclamation District No. 2062.
4. 19 APPROVE FINAL MAP, CFD ANNEXATION, IRREVOCABLE OFFER OF DEDICATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 38 LOTS IN TRACT 4207 VILLAGE 44 UNIT 1 WITHIN LAKE HARBOR WEST
DISTRICT OF RIVER ISLANDS
Adopted Resolution 25- 5903 approving Final Map for Tract 4207 Village 44 Unit 1 within the Lake Harbor West District, totaling 38 Lots, annexation into CFD 2023- 1, Irrevocable Offer of Dedication, and Subdivision Improvement Agreement with River Islands Development Area 1, LLC.
October 13, 2025 Lathrop City Council Regular Meeting Minutes Page 6 14 4. 20 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 73 LOTS IN TRACT 4224 VILLAGE 6 UNIT 2 WITHIN WOODLANDS
EAST DISTRICT OF RIVER ISLANDS
Adopted Resolution 25- 5904 approving Final Map for Tract 4224 Village 6 Unit 2 within the Woodlands East District, totaling 73 Lots, and Subdivision Improvement Agreement with River Islands Development Area 3, LLC.
4. 21 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 32 LOTS IN TRACT 4232 VILLAGE 26 UNIT 2 WITHIN WEST
VILLAGE DISTRICT OF RIVER ISLANDS
Adopted Resolution 25- 5905 approving Final Map for Tract 4232 Village 26 Unit 2 within the West Village District, totaling 32 lots, and Subdivision Improvement Agreement with River Islands Development Area 1, LLC.
4. 22 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 60 LOTS IN TRACT 4245 VILLAGE 28 UNIT 2 WITHIN WEST
VILLAGE DISTRICT OF RIVER ISLANDS
Adopted Resolution 25- 5906 approving Final Map for Tract 4245 Village 28 Unit 2 within the West Village District, totaling 60 lots, and a Subdivision Improvement Agreement with River Islands Development Area 1, LLC.
5. SCHEDULED ITEMS
Councilmember Lazard returned to the dais at 8: 28 p. m.
5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AMENDMENTS TO SECTION 12. 04.10 AND SECTION 12. 20. 010 OF THE LATHROP
MUNICIPAL CODE ( LMC)
Parks and Recreation Direction Todd Sebastian provided a presentation introducing amendments related to conduct in city parks and prohibited actions. Mayor Akinjo opened the public hearing. With no members of the public wishing to speak, Mayor Akinjo closed the public hearing. A City Council discussion followed. Councilmember Dresser expressed concern that the amendments could limit recreational activities for residents.
Mayor Akinjo stepped down from the dais at 8: 36 p. m. and returned at 8: 38 p. m.
On a motion by Councilmember Diallo, seconded by Vice Mayor Torres - O' Callaghan, the City Council considered the following:
1. Held a public hearing; and
October 13, 2025 Lathrop City Council Regular Meeting Minutes Page 7 15 2. Waived first reading and introduced an ordinance amending Municipal Code Section 12. 04.10 "Definitions" adding special use permit definition and Section 12. 20. 010 "Conduct in City Parks - Prohibited Actions" to clarify when a special use permit is required, by the following roll call vote.
Ayes: Diallo, Torres -O' Callaghan, and Akinjo
Noes: Dresser and Lazard
Abstain: None
Absent: None
5. 2 REVIEW AND CONSIDER TRAFFIC CONTROL OPTIONS FOR RIVER
ISLANDS PARKWAY AT THE INTERSECTIONS OF BOSCH AVENUE AND
IMPERIAL DRIVE
City Engineer Brad Taylor gave a presentation outlining traffic control options for River Islands Parkway at the intersections of Bosch Avenue and Imperial Drive. A question and answer period followed the presentation. Vice Mayor Torres -O' Callaghan expressed concerns with removing the sidewalk and stop sign, noting that residents would likely continue to cross the intersection regardless; expressed support for installing a pedestrian hybrid beacon or a traffic signal. Councilmember Diallo noted that the intersection is heavily trafficked and expressed support for the recommended option to remove the stop sign and crosswalk, thereby directing pedestrians to use the adjacent traffic signals. Public speaker Padma Mariam expressed concern with the unusually high number of stop signs and traffic signals along River Islands Parkway, noting that it is confusing and results in constant stop - and -go traffic.
On a motion by Councilmember Diallo, seconded by Councilmembers Lazard, the City Council considered traffic control options for River Islands Parkway at the intersections of Bosch Avenue and Imperial Drive, and provided staff with direction to move forward with Option 1, with additional public outreach within the River Islands Development community, by the following roll call vote:
Ayes: Diallo, Dresser, Lazard, and Akinjo
Noes: Torres -O' Callaghan
Abstain: None
Absent: None
5. 3 REVIEW AND CONSIDER OPTIONS FOR TRAFFIC SAFETY ON SPARTAN
WAY, CREATE SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26- 20, AND APPROVE BUDGET AMENDMENT
City Engineer Brad Taylor gave a presentation regarding traffic safety options on Spartan Way. A question and answer period followed.
October 13, 2025 Lathrop City Council Regular Meeting Minutes Page 8 16 On a motion by Vice Mayor Torres -O' Callaghan, seconded by Councilmembers Diallo, the City Council adopted Resolution 25- 5907 creating Spartan Way Traffic Safety Enhancements, CIP PS 26-0, and approved related budget amendment.
Ayes: Diallo, Dresser, Lazard, Torres -O' Callaghan and Akinjo Noes: None
Abstain: None
Absent: None
6. COUNCIL COMMUNICATIONS
6. 1 COUNCILMEMBER DIALLO REFERRAL - Discuss and Request Creating a 2x2 Committee between the City of Lathrop and San Joaquin County Sheriff' s Office for Matters Related to a Proposed Memorandum of Understanding Regarding Jurisdictional Waterways in Lathrop At the request of Councilmember Diallo, this referral was continued to the next meeting to allow the attorneys to continue their discussions.
6. 2 COUNCILMEMBER DRESSER REFERRAL - Discuss and Request Project for Street Pavement Repairs on 7th Street in Front of the Post Office Councilmember Dresser provided an overview of his referral, including concerns about limited parking spaces. A question and answer period followed. City Attorney Salvador Navarrete provided information regarding public right- of- way access on federal property, and City Manager Stephen Salvatore added details about surveying the area and returning to the Council with potential options for consideration. By consensus, the City Council directed staff to explore pavement repair options for 7th Street in front of the Post Office.
6. 3 COUNCILMEMBER DRESSER REFERRAL - Discuss and Request Red Light Violation Cameras at Multiple Intersections
Councilmember Dresser provided an overview of his referral, expressing concerns about red light violators and requesting that staff research the cost of installing red light violation cameras at multiple intersections.
City Manager Stephen Salvatore noted recently proposed legislation that would reduce penalties for red light violations. By consensus, the City Council directed staff to investigate the installation costs associated with red light violation cameras at multiple intersections.
6. 4 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Vice Mayor Torres- O' Callagan, Councilmember Diallo, and Mayor Akinjo reported their attendance at the recent Annual League of California Cities Conference.
October 13, 2025 Lathrop City Council Regular Meeting Minutes Page 9 17 During the conference, Councilmember Diallo was appointed President of the Central Valley Division and 1st Vice President of the African American Caucus, and Vice Mayor Torres -O' Callaghan was appointed as 2nd Vice President of the Central Valley Division.
6. 5 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Diallo expressed appreciation to City Engineer Brad Taylor for his collaboration with Caltrans on traffic signal timing adjustments. Vice Mayor Torres -O' Callaghan thanked Public Works staff for their storm preparations in anticipation of the heavy winds and rain.
Councilmember Dresser reported his attendance to the Lathrop - Manteca Fire Department open house event, and the Cheema Trucking grand opening. Mayor Akinjo echoed similar sentiments.
Prior to adjournment, Chief Sealy provided an update on a current traffic incident that resulted in the closure of McKinley between Louise Avenue and Yosemite Avenue
7. ADJOURNMENT — There being no further business, Mayor Akinjo adjourned the meeting at 9: 31 p. m.
sa Varga ; MC
Government Services Director
City Clerk
October 13, 2025 Lathrop City Council Regular Meeting Minutes Page 10 18 ITEM 4. 3
CITY MANAGER' SREPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
25- 475 OF THE CITY COUNCIL OF THE CITY OF
LATHROP TO ADD SECTIONS 13. 04. 125 AND
13.6.25 TO TITLE 13 (" PUBLIC SERVICES") TO
THE LATHROP MUNICIPAL CODE TO ESTABLISH
CAPACITY ALLOCATION AND CONSUMPTION
REVIEW
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 25- 475 to Add Sections 13. 04. 125 and 13.6.25 to Title 13
Public Services") to the Lathrop Municipal Code to
Establish Capacity Allocation and Consumption
Review
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 25- 475 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ADD SECTIONS
13. 04. 125 AND 13.6.25 TO TITLE 13 (" PUBLIC SERVICES") TO THE LATHROP
MUNICIPAL CODE TO ESTABLISH CAPACITY ALLOCATION AND CONSUMPTION REVIEW
SUMMARY:
On November 10, 2025, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Dresser, Lazard, Torres -O' Callaghan, and Akinjo NOES: None
ABSTAIN: None
ABSENT: Diallo
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
esa Vargas, City CI k Date
19 ORDINANCE NO. 25- 475
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ADD SECTIONS 13. 04. 125 AND 13.6.25 TO TITLE 13 (" PUBLIC SERVICES") TO
THE LATHROP MUNICIPAL CODE TO ESTABLISH CAPACITY ALLOCATION
AND CONSUMPTION REVIEW
WHEREAS, pursuant to California Government Code ( GOV) Section 66013, the local agency is authorized to impose capacity charges proportional to the benefit to the property being changed; and
WHEREAS, staff has identified necessary additions to Lathrop Municipal Code LMC) Title 13 titled " Public Services" to establish clear authority and methodology for the City to assess capacity charges based on measured water and sewer usage, as determined by metered consumption; and
WHEREAS, staff request that the City Council consider adopting LMC Sections
13. 04. 125 and 13.6.25, as shown in Exhibit A and B incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Lathrop does hereby approve the addition of Sections 13. 04. 125 and 13.6.25 of Title 13 (" Public Services") of the Lathrop Municipal Code as shown in Exhibit A and B, incorporated by reference herein.
Section 1. Sections 13. 04. 125 and 13.6.25 entitled " Capacity Allocation and Consumption Review" of the City of Lathrop Municipal Code are hereby added as shown in Exhibit A and B, attached hereto and incorporated by reference herein.
Section 2. Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any 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- 475
20 THIS ORDINANCE was regularly introduced at a Regular Meeting of the City Council of the City of Lathrop on the 10th day of November, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on day of , 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- 475
21 PROPOSED SECTIONS EXHIBIT A
Title 13. Public Services
Chapter 13. 04. WATER SERVICE SYSTEM
13. 04. 125. Capacity Allocation and Consumption Review.
A. Capacity Requirement. Prior to City' s
final approval of improvement plans, authorization of
any water service connection, issuance of a building permit, or issuance of a final inspection certificate for development, the applicant shall acquire or secure sufficient allocated water capacity for the property based on projected demand, as calculated by the City Engineer. The applicant shall pay all connection fees, capacity fees, and reimbursements determined by recorded consumption volumes or estimated capacity needs, calculated by the City Engineer in accordance with the City' sthen -applicable Fee Schedule, City Standards, implementing Resolutions, and City regulations. No permit or certificate described in this subsection shall be issued until such fees are paid and adequate allocated water capacity is acquired or secured.
B. Monitoring, Audits, and Records. The City may monitor and audit metered consumption and other records at any time to determine average daily use and confirm compliance with allocated capacity. The City may require submittal of usage records, meter readings, or other data reasonably necessary to implement this Section. The City may inspect meters and service connections during normal business hours, or at other reasonable times to verify actual consumption.
C. Exceedance, Mandatory Acquisition, and Cure Period. Any water use that causes average daily use to exceed the property' sallocated capacity is a violation of this Chapter. Upon written notice of violation, the property owner shall, within thirty (30) calendar days, either:
1. Secure sufficient additional allocated capacity to eliminate the violation by purchasing City -owned capacity or securing an approved private capacity transfer as allowed under Subsection D; or
2. Reduce average daily use to at or below allocated capacity through operational changes or other means acceptable under this Title.
If the applicant demonstrates to the satisfaction of the City Engineer that additional capacity cannot be procured within the thirty (30) day period despite good -faith efforts, the City Engineer may grant a limited - time extension to allow the City sufficient time to make capacity available for purchase. The extension is not automatic and is subject to approval of the City Engineer.
D. Private Capacity Transfers and City Facilitation. The owner may acquire required capacity 22 from the City or via a transfer or sale of an existing allocated capacity right from a private third property owner, subject to City Engineer approval and this Chapter. Private capacity transfers must be governed by the City' sgeneral rules for contracts, agreements, and purchasing authority and comply with applicable state law and City policies. The City may require verification that the transferred capacity does not cause noncompliance at the donor property.
E. Fees, Objective Determinations, and Role of the City Engineer. All Capacity Fees, surcharges, and calculations shall be made in accordance with the City' s Fees Schedule, City Standards, and implementing resolutions. The City Engineer' sdeterminations under this section shall apply the City' s Standards and Fee Schedule. Where the calculation methodology requires judgement in unit conversion or unusual cases, the City Engineer shall apply documented, objective criteria and shall briefly state the factual basis for any non - routine calculation in the administrative record.
G. Enforcement and Remedies. Violations of this Section may result in penalties, surcharges, administrative fines, permit denial, suspension of water service, or other enforcement measures as provided in this Title and Chapter 1.2. The City shall follow all required notice and hearing procedures prior to any suspension of service. In addition to fines and surcharges, the City may record a notice of noncompliance against the subject property and seek injunctive and other legal relief as appropriate.
23 PROPOSED SECTIONS EXHIBIT B
Title 13. Public Services
Chapter 13.6. SEWER SERVICE SYSTEM
13.6.25. Capacity Allocation and Consumption Review.
A. Capacity Requirement. Prior to City' sfinal approval of improvement plans, authorization of any sewer service connection, issuance of a building permit, or issuance of a final inspection certificate for development, the applicant shall acquire or secure sufficient allocated sewer capacity for the property based on projected discharge, as calculated by the City Engineer.
The applicant shall pay all connection fees, capacity fees, and reimbursements determined by recorded consumption volumes or estimated capacity needs, calculated by the City Engineer in accordance with the City' sthen -applicable Fee Schedule, City Standards, implementing Resolutions, and City regulations. No permit or certificate described in this subsection shall be issued until such fees are paid and adequate allocated sewer capacity is acquired or secured.
B. Monitoring, Audits, and Records. The City may monitor and audit metered sewer discharge, water -use -to -sewer conversion records, and other relevant documentation at any time to determine average daily discharge and confirm compliance with allocated sewer capacity. The City may require submittal of usage records, meter readings, flow monitoring reports, building occupancy and fixture counts, or other data reasonably necessary to implement this Section. The City may inspect meters, flow monitoring devices, service connections, or on -site collection facilities during normal business hours, or at other reasonable times to verify actual discharge.
C. Exceedance, Mandatory Acquisition, and Cure Period. Any discharge that causes average daily discharge to exceed the property' sallocated capacity is a violation of this Chapter. Upon written notice of violation, the property owner shall, within thirty ( 30) calendar days, either:
1. Secure sufficient additional allocated capacity to eliminate the violation by purchasing City -owned capacity or securing an approved private capacity transfer as allowed under Subsection D; or
2. Implement and document operational or structural changes ( including but not limited to flow reduction measures, fixture changes, or on -site storage/ treatment acceptable under this Title) to reduce average daily discharge to at or below allocated sewer capacity.
If the applicant demonstrates to the satisfaction of the City Engineer that additional capacity cannot be procured within the thirty (30) day period despite good -faith efforts, the City Engineer may grant a limited -time extension to allow the City sufficient time to make capacity available for purchase. The extension is not automatic and is subject to approval of the City 24 Engineer.
D. Private Capacity Transfers and City Facilitation. The owner may acquire required capacity from the City or via a transfer or sale of an existing allocated capacity right from a private third property owner, subject to City Engineer approval and this Chapter. Private capacity transfers must be documented in a form approved by the City, comply with applicable state law and City policies, and be recorded as required by the City. The City may require verification that the transferred capacity does not cause noncompliance at the donor property.
E. Fees, Objective Determinations, and Role of the City Engineer. All Capacity Fees, surcharges, and calculations shall be made in accordance with the City' s Fees Schedule, City Standards, and implementing resolutions. The City Engineer' s determinations under this
section shall apply the City' s
Standards and Fee Schedule. Where the calculation
methodology requires judgement in unit conversion or unusual cases, the City Engineer shall apply documented, objective criteria and shall briefly state the factual basis for any non - routine calculation in the administrative record.
G. Enforcement and Remedies. Violations of this Section may result in penalties, surcharges, administrative fines, permit denial, suspension of sewer service, or other enforcement measures as provided in this Title and Chapter 1.2. The City shall follow all required notice and hearing procedures prior to any suspension of service. In addition to fines and surcharges, the City may record a notice of noncompliance against the subject property and seek injunctive and other legal relief as appropriate.
25 PAGE LEFT
INTENTIONALLY
BLANK
26 ITEM 4.
CITY MANAGER' SREPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
25- 476 OF THE CITY COUNCIL OF THE CITY OF
LATHROP TO AMEND TITLE 13 (" PUBLIC SERVICE")
OF THE LATHROP MUNICIPAL CODE TO ESTABLISH A
GENERAL DEFINITION OF " PUBLIC WORKS
DIRECTOR"
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 25- 476 to Amend Title 13 (" Public Service") of the Lathrop
Municipal Code to Establish a General Definition of
Public Works Director"
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 25- 476 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND TITLE 13 (" PUBLIC SERVICE") OF THE LATHROP MUNICIPAL CODE TO ESTABLISH A GENERAL DEFINITION OF " PUBLIC WORKS DIRECTOR"
SUMMARY:
On November 10, 2025, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Dresser, Lazard, Torres -O' Callaghan, and Akinjo NOES: None
ABSTAIN: None
ABSENT: Diallo
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
1 T resa Vargas, Cit lerk Date
27 ORDINANCE NO. 25- 476
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND TITLE 13 (" PUBLIC SERVICE") OF THE LATHROP MUNICIPAL CODE TO ESTABLISH A GENERAL DEFINITION OF " PUBLIC WORKS DIRECTOR" WHEREAS, staff has identified necessary modifications and additions to Lathrop Municipal Code ( LMC) Title 13 titled " Public Services" to establishes a general and consistent definition of " Public Works Director" and removes duplicative or conflicting definitions; and
WHEREAS, staff request that the City Council consider amending LMC Title 13, as shown in Exhibits A -H incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Lathrop does hereby approve amendments to Title 13 (" Public Services) of the Lathrop Municipal Code as shown in Exhibits A -H, incorporated by reference herein.
Section 1. Sections 13. 04.10, 13. 08.30, 13. 09.20, 13.2. 030, 13.6. 010,
13. 24. 010, 13. 26. 010, 13. 28. 080, of the Lathrop Municipal Code are hereby amended as shown in Exhibits A -H, attached hereto and incorporated by reference herein.
Section 2. Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any 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- 476
28 THIS ORDINANCE was regularly introduced at a Regular Meeting of the City Council of the City of Lathrop on the 10th day of November, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on day of , 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- 476
29 Language Removed will be shown in RED STRIKETHROUGH
Revised Language will be shown in BLUE UNDERLINE
Title 13. Public Services
Chapter 13. 04 WATER SERVICE SYSTEM
EXHIBIT A
13. 04.10 Definitions.
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
City" means the city of Lathrop.
City clerk" means secretary to the city.
City manager" means manager of the city of Lathrop.
Commercial" means viewed with regard to or designed for profit, emphasizing skills and services useful in business.
Consumer" means any person, be they an owner or otherwise, who uses or consumes water supplied by the city.
Council" means the city council of the city of Lathrop.
Dwelling unit" means a house, or a room, or suite of rooms in an apartment house, or in a duplex/ triplex/ quadruplex, occupied or vacant, which is intended or designed for occupation by one family for living or sleeping purposes.
Governmental agency" means an agency which exercises authority and performs functions of a political unit responsible for the direction and supervision of public business and affairs.
Industrial" means characterized by uniquely developed industries engaged/ employed in industrial production or service designed for profit.
Owner" means that person or entity identified by the tax rolls of the county as the holder of the legal title to the property being served by the city.
Professional" means following a profession for gain or livelihood.
Public works director" means the du y appointed manager of the water system of the city.
City Engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including but not limited to, the duly appointed manager of the City water system.
Residential" means any use not otherwise defined in this section. 30 Language Removed will be shown in RED STRIKETHROUGH
Revised Language will be shown in BLUE UNDERLINE
EXHIBIT B
Title 13. Public Services
Chapter 13. 08 WATER CONSERVATION AND RATIONING
13. 08.30 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
City" means the city of Lathrop.
City clerk" means secretary of the city of Lathrop.
City manager" means the manager of the city of Lathrop.
Consumer unit" or "unit" means 100 cubic feet of water, or 748 gallons.
Council" means the city council of the city of Lathrop.
Drought" means a water shortage as declared by the Governor of California which affects the local water supply; or any unusual situation or circumstance affecting the quantity of the local water supply.
Flow restrictor" means any device expressly used to limit water flow or pressure to a water service.
Public works director" means the du y appointed manager of the water system o the city.
City Engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including but not limited to, the duly appointed manager of the City water system.
Water emergency" means an event, time or situation that requires extraordinary management or restrictions on water use caused as a result of natural events or as an unanticipated manmade event affecting the quantity or quality of the local water supply. 31 Language Removed will be shown in RED STRIKETHROUGH
Revised Language will be shown in BLUE UNDERLINE
Title 13. Public Services
Chapter 13. 09 RECYCLED WATER SERVICE SYSTEM
EXHIBIT C
13. 09.20 Definitions.
Agricultural purposes" include the growing of field and nursery crops, row crops, trees, and vines; and the feeding of fowl and livestock.
Artificial lake" means a human -made lake, pond, lagoon, or other body of water that is used wholly or partly for landscape, scenic, or non -contact recreational purposes.
City" means the city of Lathrop.
Commercial landscape irrigation" means any building for office or commercial uses with water requirements which include, but are not limited to, landscape irrigation and decorative fountains.
Construction water" means water used for dust control during construction.
Consumer" means any person/ entity who uses recycled water supplied by the city.
Council" means the city council of the city of Lathrop.
Cross -connection" means any physical connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved for human consumption. This includes direct piping between the two systems, regardless of the presence of valves, backflow prevention devices, or other appurtenances.
CVRWQCB" shall mean Central Valley Regional Water Quality Control Board.
DDW" shall mean California State Water Resources Control Board Division of Drinking Water.
Governmental agency" means an agency which exercises authority and performs functions of a political unit responsible for the direction and supervision of public business and affairs.
Greenbelt areas" means an area including, but not limited to, golf courses, cemeteries, parks, open space and landscaping.
Industrial process water" is water used by any industrial facility with process water requirements which include, but are not limited to, rinsing, washing, cooling and circulation, or construction, including any facility regulated by the industrial waste discharge ordinance of the city.
32 On -site recycled water supervisor" means the designated party operating recycled water facilities on behalf of the owner.
Owner" means that person or entity identified by the tax rolls of the county as the holder of the legal title to the property.
Potable water" shall mean water which conforms to the federal, state and local standards for human consumption.
Professional" means following a profession for gain or livelihood.
Public works director" means the duly appointed manager of the recycled water system of the city or designee. City Engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including but not limited to, the duly appointed manager of the City recycled water system.
Recycled water" shall mean water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. (See Water Code Section 13050( n).) Recycled water shall be treated and disinfected by the city to comply with tertiary treated recycled water requirements established by the State of California Code of Regulations, Title 22, Division 4, Chapter 3.
Recycled water distribution and dual plumbed system" means a piping system intended for the delivery of recycled water only and which is separate from any potable water distribution system.
Residential irrigation" means residential or multifamily front or backyard irrigation dual plumbed within the development area.
Rules and regulations" means the city of Lathrop rules and regulations for use of recycled water as approved by the CVRWQCB. The rules and regulations may be amended from time to time.
Service area" means the city of Lathrop utilities service area.
User agreement" means an agreement issued to the user by the city as required by State DDW and the CVRWQCB that defines the conditions of recycled water service and permits the use of recycled water by the user.
Utility bill" means the monthly statement issued by the city which reflects the costs of services rendered on behalf of customers during the preceding 30 day period.
Waste discharge" means water deposited, released, or discharged into a sewer system from any commercial, industrial, or residential source which contains levels of any substance which may cause substantial harm to any water treatment or reclamation facility or which may prevent any use of reclaimed water authorized by law, provided levels exceed those found in water delivered to the source of the waste discharge by the city of Lathrop.
WDR" means the waste discharge requirements and master recycling permitissued to the city from the CVRWQCB.
33 Language Removed will be shown in RED STRIKETHROUGH
Revised Language will be shown in BLUE UNDERLINE
Title 13. Public Services
Chapter 13.2 CROSS -CONNECTION CONTROL
EXHIBIT D
13.2. 030 Definitions.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Approved" means accepted by the general manager as meeting an applicable specification stated or cited in this title, or as suitable for the proposed use.
Auxiliary water supply" means any water supply on or available to the premises other than the purveyor' sapproved public water supply will be considered as an auxiliary water supply.
These auxiliary waters may include water from another purveyor' spublic potable water supply or any natural source( s) such as a well, spring, river, stream, harbor, and the like or used waters or industrial fluids. These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control.
Backflow" means the flow of any foreign liquids, gases or substances into the distributing pipe lines of a potable supply of water. Backflow may occur under two conditions: pressure greater than atmosphere ( see " backpressure" below); and pressure that is subatmospheric see " back siphonage" below).
Backflow preventer" means an assembly or means designed to prevent backflow.
1. "Air gap" means unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing, fixture or other device and the flood level rim of the vessel. An approved air -gap shall be at least double the diameter of the supply pipe, measured vertically, above the overflow rim of the vessel; and in no case less than one inch.
2. "Double check valve assembly" means an assembly of two independently operating approved check valves with tightly closing shut- off valves on each end of the check valves, plug properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications as determined by a laboratory and field evaluation, program resulting in an approval by the health officer and approved by the AWWA for backflow prevention assemblies. To be approved these assemblies must be readily accessible for in - line testing and maintenance.
3. "Reduced -pressure -principle backflow prevention device" means an assembly containing a minimum of two independently acting approved check valves, together 34 with an automatically operated, pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow the pressure between these two check valves shall be less than the upstream ( supply) pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the checks at less than the supply pressure. The unit must include tightly closing shut off valves located at each end of the device, and each device shall be fitted with properly located test cock. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved these assemblies must be readily accessible for in -line testing and maintenance and be installed in location where no part of the assembly will be submerged.
Backpressure" means backflow caused by a pump, elevated tank, boiler or other means that could create pressure within the system greater than the supply pressure.
Back siphonage" means the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply from any source other than its intended source caused by the reduction of pressure in the potable water supply system.
City" means the city of Lathrop.
Contamination" means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual or potential hazard to the public health through poisoning or through the spread of disease.
Cross -connection" means any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other non -potable water or industrial fluids of questionable safety, through which, or because of which, backflow may occur into the potable water system. This would include any temporary connections, such as swing connections, removable sections, four- way plug valves, spools, dummy section of pipe, swivel or change -over devices or sliding multi -port tube.
Cross -connections ( controlled)" means a connection between a potable water system and a nonpotable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.
Cross -connection control by containment" means the installation of an approved backflow prevention assembly at the water service connection to find and permanently eliminate or control all actual or potential cross -connections within the customer' swater system; or, it shall mean the Installation of an approved backflow prevention assembly on the service line leading to and supply a portion of a customer' swater system where there are actual or potential cross -connections which cannot be effectively eliminated or controlled at the point of the cross - connection.
General manager" means the general manager of the city, or his or her designated agent in charge of the water departmen- of the city City Engineer, or the city official, or his or her duly authorized anent, responsible for the implementation of this chapter, including but not limited to, the duly appointed manager of the City water system., who is invested with the authority 35 and responsibility for the implementation of an effective cross -connection control program and for the enforcement of the provisions of this chapter.
Hazard, Degree of. "Degree of hazard" means the term is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
Hazard, Health. "Health hazard" means any condition, device or practice in the water supply system and its operation which could create, or in the judgment of the State Department of Health Services, local health agency or the general manager may create a danger to the health and well- being of the water consumer.
Hazard, Plumbing. "Plumbing hazard" means a plumbing -type cross - connection in a consumer' spotable water system that has not been properly protected by an approved air - gap or approved backflow prevention assembly.
Hazard, Pollutional. " Pollutional hazard" means an actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer' spotable water system, but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
Hazard, System. "System hazard" means an actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer' spotable water system or of a pollution or contamination which would have a protracted affect on the quality of the potable water in the system.
Health officer" means State Department of Health Services Officer or a representative or the local health agency representative.
Industrial fluids systems" means any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated waters; all types of process waters and used waters originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalines, circulating cooling waters connected to an open cooling tower and/ or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from well, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, and the like; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for firefighting purposes.
Pollution" means the presence in water of any foreign substance ( organic, inorganic, radiological or biological) which tends to degrade its quality so as to constitute a hazard or impair the potability or usefulness.
Public water system" means any potable water supply approved by or under the public health supervision of a public health agency of the state or local health agency.
Service connection" means the point at which the public piping begins. If a meter is installed 36 as part of public water system then the term " service connection" shall mean the stream end of the meter.
Water, Nonpotable. " Nonpotable water" means water which is not safe for human consumption or which is of questionable potability.
Water, Potable. "Potable water" means any water which, according to recognized standards, is safe for human consumption.
Water service connection" means the terminal end of a service connection from the public potable water system; that is, where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer' swater system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any water
meter or any backflow prevention assembly located at the point of delivery to the customer' s system. "Service connection" shall also include water service connections from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.
Water, Used. "Used water" means any water supplied by a water purveyor from a public potable water system to a consumer' swater system after it has passed through the point of delivery and is no longer under the sanitary control of the water purveyor.
Water purveyor" means any person, corporation, public utility, municipality, district or other agency or institution that operates a public water system. 37 Language Removed will be shown in RED STRIKETHROUGH
Revised Language will be shown in BLUE UNDERLINE
EXHIBIT E
Title 13. Public Services
Chapter 13.6 SEWER SERVICE SYSTEM
13.6. 010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Billing unit ( BU)" means 1, 000 gallons or any portion thereof of sewage, sewerage or wastewater discharged by a nonresidential user.
Biochemical oxygen demand ( BOD)" means the measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized over a period of five days at 20 degrees Centigrade and as determined by the appropriate procedure in Standard Methods."
Boron" means naturally occurring element that in high concentrations is toxic to plant life.
Chemical oxygen demand ( COD)" means the measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in " Standard Methods." Chloride (CI)" means anion typically associated with various salt compounds.
Chlorine demand" means the difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a 30 minute period as determined by the procedures given in " Standard Methods." City" means the city of Lathrop.
City council" or "council" means the city council of the city of Lathrop.
City manager" or "manager" means the city manager of the city of Lathrop.
Citywide user" means any user who has the ability to discharge to the Manteca facility.
Commercial use" means use of the sewage system by an entity or for a business which is operated with regard to, or designed for profit, or for a trade or professional use, such as a medical office. For the purpose of this chapter, commercial use includes business or entities which would be commercial in nature, except that they are organized for a nonprofit purpose.
Commercial use does not include industrial use.
Commodity rate" means charge based upon estimated volume of wastewater generated.
Crossroads facility" means the wastewater treatment facility owned and operated by the city and located in the Crossroads Industrial Park.
38 Crossroads user" means any user who has the ability to discharge to the Crossroads Facility.
Discharger" means any person that discharges or causes a discharge to a public sewer.
Dissolved solids" or " dissolved matter" means the solid matter in solution in the wastewater; dissolved solids shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration, as determined by the procedures in " Standard Methods."
Domestic wastewater" means the water -carried wastes produced from nonindustrial activities and which result from normal human living processes.
Effluent" means the liquid outflow of any facilities designed to treat, convey or retain wastewater.
Electrical conductivity" means the measure of a solution' sability to conduct current between two electrodes and general indicator of a solution' ssalt content.
Force main" means a closed sewer line designed to operate under pressure at higher velocities than gravity sewers. This allows for the use of smaller lines and the elimination of manholes.
Governmental use" means use of the sewage system by hospitals, schools, rest homes, churches, community centers or equivalent uses, where the waste produced is in the nature of domestic wastewater, and the use is not a commercial, industrial or residential use.
Gravity separation interceptor" means any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious or prohibited constituents from wastewater by differential gravity separation before discharge to the public sewer.
Gravity sewer" means a pipeline laid at a gradient to grade elevation to allow for gravity flow.
Manholes are spaced at intervals along the line for cleanouts. The pipeline is not designed to operate under pressure.
House connection" means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying domestic wastewater.
Industrial connection sewer" means the sewer connecting the building waste drainage system to the public sewer for the purpose of conveying industrial wastewater.
Industrial use" means use of the sewage system by an entity engaged in activity related to manufacturing, processing of material or the production of goods or services on a large scale, as distinguished from retail commercial establishments. In case of a question as to whether the use is industrial or commercial, the public works director shall decide, and the decision of the public works director shall be final, except as provided in Section 13.6. 290.
Industrial wastewater" means all water -carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin.
39 Inspector" means a person authorized by the public works director to inspect the construction and completion of sewage collection systems, transmission lines, gravity sewers, force mains, treatment and disposal facilities, service laterals and service connection sewers.
Lateral sewer," "collecting sewer" or " main line sewer" means the public sewer, usually six inches or larger in diameter, used to collect wastewater from house connection and industrial connection sewers and to transport it to trunk sewers.
Local sewering agency" means the city or the public agency legally authorized to construct, maintain and operate a system of lateral or collecting sewers.
Manteca facility" means the wastewater facility owned and operated by the city of Manteca and to which the city has the right to discharge wastewater, sewage and sewerage generated by persons in the city for treatment and disposal.
Nonresidential use" means a use of the sewage system by a person, including, but not limited to, all businesses; corporations; companies; partnerships; stores; commercial warehouses; hospitals; educational, health care, military and correctional institutions; multiple -family dwelling units of four or more units; and other entities utilizing either the Manteca facility or the Crossroads facility, including commercial uses, governmental and industrial uses. "Nonresidential uses" include all uses other than residential uses, as defined in this section.
Peak flow rate" means the average rate of flow during any continuous three- hour period that produces a maximum quantity.
Person" means any individual, partnership, committee, association, corporation, public agency and any other organization or group of persons, public or private. pH" means the measure of solution' shydrogen ion concentration and indicator of acid -base properties.
Public corporation" means the state of California and any political subdivision therefor, any incorporated municipality therein, any public agency of the state or any political subdivision thereof; or any corporate municipal instrumentality of the state.
Public sewer" means any sewer dedicated to public use and whose use is controlled by a public corporation.
Public works director" or " director" means the pub is works director o the city of Lathrop. City Engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including but not limited to, the duly appointed manager of the City sewer system
Radioactive material" means material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms.
Residential use" means a use of the sewage system by a person who generates domestic wastewater, as by single- family dwelling unit or multiple -family dwelling units, where such use is not a commercial, industrial or institutional use.
40 Sewage" or " sewerage" means wastewater.
Sewage pumping plant" or " lift station" means any facility designed and constructed to raise wastewater in elevation or to overcome head losses due to pipeline friction.
Sewerage system" means a network of wastewater collection, conveyance, treatment and disposal facilities interconnected by sewers, and owned by the city or a network of wastewater collection and conveyance facilities owned by others.
Sodium ( Na+)" means the cation typically associated with various salt compounds.
Solid wastes" mean the non - liquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites.
Standard methods" mean the current edition of "Standard Methods for the Examination of Water and Wastewater" as published by the American Public Health Association.
Stand- by charge" means a charge levied against certain enumerated properties based upon the ability of the person against whom such charge is levied to discharge sewage, sewerage or wastewater into the sewerage system.
Street" or " road" means any public highway, road, street, avenue, way, alley, easement or right- of- way.
Substantial industrial discharger ( SID)" means one whose discharge contributes more than 10, 000 gallons per day ( excluding sanitary, non -contact cooling and boiler blow -down water), or whose discharge contributes a process waste -stream which makes up 10% or more of the average dry weather hydraulic or organic capacity of the city' s wastewater treatment plant.
Suspended solids" or "suspended matter" means the insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedure described in " Standard Methods."
TDS ( total dissolved solids)" means a measure of the amount of solids dissolved in a solution.
TKN (total Kjeldahl nitrogen)" means a combined measure of ammonia ( NH3), ammonium NH4),+ and organic nitrogen present in a sample. In raw wastewater, the majority of nitrogen is in the form of ammonia, ammonium, and organic nitrogen.
Total nitrogen" means a measure of the following forms of nitrogen: ammonia ( NH3), ammonium ( NH4),+ organic nitrogen, nitrite ( NO2), and nitrate ( NO3).
Trunk sewer" means a sewer constructed, maintained and operated by the city that conveys wastewater to city facilities and into which lateral and collecting sewers discharge.
TSS ( total suspended solids)" means a measure of the amount of non -dissolved solids in a solution. This value is determined by how much material can be removed by screening with a filter of a specified pore size.
Uncontaminated water" means any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the municipal storm water drainage system. 41 User" means a discharger, or the legal owner of premises served, as provided in this chapter.
User classification" means classification of nonresidential users based on anticipated BOD and suspended solids.
User rates" mean the charges to each user of the city' ssewerage system for the privilege of discharging wastewater, sewer and/ or sewerage into the system.
Wastewater" means the water carrying wastes of the community derived from human or industrial sources, including domestic wastewater and industrial wastewater.
Wastewater discharge permit" means a permit issued to all substantial industrial dischargers SID), significant industrial users ( SIU), and any other users that discharge to the city' s wastewater system a waste, of substantial volume or of a concentration, that the director of public works deems significant and therefore requires a permit. 42 Language Removed will be shown in RED STRIKETHROUGH
Revised Language will be shown in BLUE UNDERLINE
EXHIBIT F
Title 13. Public Services
Chapter 13. 24 UNDERGROUND UTILITY DISTRICTS
13. 24. 010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Clerk" means the city clerk of the city of Lathrop.
Commission" means the Public Utilities Commission of the state of California.
Director of Public Works" means the City Engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including but not limited to, the duly appointed manager of the City underground utility system Person" shall mean and include individuals, firms, corporations, partnerships and their agents and employees.
Poles," "overhead wires" and " associated overhead structures" mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service.
Underground utility district" or "district" means that area in the county within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13. 24. 030.
Utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. 43 Language Removed will be shown in RED STRIKETHROUGH
Revised Language will be shown in BLUE UNDERLINE EXHIBIT G Title 13. Public Services
Chapter 13. 26 SEWER USE AND INDUSTRIAL WASTEWATER
REGULATIONS
13. 26. 010 General provisions.
A. Purpose and Policy. This chapter sets forth uniform requirements for users of the publicly owned treatment works for the city of Lathrop and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code 1251 et seq.). The objectives of this chapter are:
1. To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
2. To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
3. To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
4. To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;
5. To enable the city to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements, and any other federal, state, or county laws to which the publicly owned treatment works is subject.
B. Condition or Denial of Waste Discharge. This chapter establishes the right of the city to condition or deny any waste discharge into the city sewer system. The chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this chapter.
C. Administration. Except as otherwise provided herein, the director of public works shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director of public works may be delegated by the director of public works.
D. Abbreviations.
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
44 COD Chemical Oxygen Demand
EPA U. S. Environmental Protection Agency
gpd gallons per day
mg/ L milligrams per liter
pg/ L micrograms per liter
NPDES National Pollutant Discharge Elimination System
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
TDS Total Dissolved Solids
TSS Total Suspended Solids
U. S. C.United States Code
WWTP Wastewater Treatment Plant
E. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
Act" or "the Act" means the Federal Waste Pollution Control Act, also known as the Clean Water Act, as amended, 33 U. S. C. Section 1251 et seq.
Additional inclusions" means violations of compliance schedule milestones, by 90 days or more after the schedule date; failure to provide reports within 30 days from the due date; failure to accurately report noncompliance and any other violation or group of violations that the city considers to be significant.
Agent" means any person designated, or retained by the city, to conduct monitoring of businesses regulated under this chapter.
Approval authority" means the state of California Regional Water Quality Control Board — Central Valley Region ( RWQCB- CVR). Authorized representative of the user.
1. If the user is a corporation:
a. The president, secretary, treasurer, or a vice- president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision -making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty- five million dollars ($ 25, 000,00. 0) (in second- quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
3. If the user is a federal, state, or local governmental facility: a director or highest official 45 appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
4. The individuals described in subsections A through C of this section, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
Biochemical oxygen demand ( BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration measured in milligrams per liter mg/ I).
Categorical pretreatment standard" or " categorical standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307( b) and ( c) of the Act (33 U. S. C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-71.
City" means the city of Lathrop, California; the city council of Lathrop; or other duly authorized official of the city of Lathrop. The city official is responsible for implementation of this chapter.
Director of public works" means the city official, or his or her duly authorized agent, responsib e for imp ementation o' this chapter. City Engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including but not limited to, the duly appointed manager of the City sewer system.
Discharger" means any person discharging industrial waste to the city sanitary sewer system. This term specifically includes any categorical user connected to the city sanitary sewer, whether or not they discharge process wastewater. It also includes any facilities with a reasonable potential for discharging significant quantities of industrial waste, whether or not they are currently discharging process wastewater.
Environmental Protection Agency" or "EPA" means the U. S. Environmental Protection Agency, or where appropriate, the regional water management division director, or other duly authorized official of such agency.
Existing source" means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
Fat, oil and grease ( FOG)" is defined by the method of analysis. As applicable to this chapter, "fat, oil and grease ( FOG)" means the total n -hexane extractable material ( HEM) as measured in EPA Method 1664. Petroleum based FOG, or O and G, is the portion of the material measured in the EPA Method 1664 as the silica -gel treated n -hexane extractable material ( SGT -HEM). "Animal/ vegetable- based FOG" means the mathematical difference between the total n -hexane extractable material and the silica -gel treated n -hexane extractable M materials measured in EPA Method 1664.
46 Grab sample" means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
Indirect discharge" or " discharge" means the introduction of pollutants into the POTW from any non -domestic source regulated under Sections 307( b), ( c), or (d) of the Act.
Interference" means a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefor, is a cause of a violation of the city' s
NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/ regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act RCRA); standards for the use and disposal of sewage sludge (40 CFR 503); the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Medical waste" means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
Municipal Code" means the Lathrop Municipal Code of chapters.
New source" means:
1. Any building, structure, facility, or installation from which there is ( or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307( c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
a. The building, structure, facility, or installation is constructed at a site at which no other source is located;
b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. The production of wastewater generating processes of the building, structure, facility, or installation is substantially independent of any existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of above subsections but otherwise alters, replaces, or adds to existing process or production equipment.
3. Construction of a new source as defined under this subsection has commenced if the owner or operator has:
47 a. Begun, or caused to begin, as part of a continuous on -site construction program. i. Any placement, assembly, or installation of facilities or equipment; or ii. Significant site preparation work, including clearing, excavation, or removal or existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment. b. Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used to its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.
Noncontact cooling water" means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
Pass through" means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city' s NPDES permit,
including an increase in the magnitude or duration of a violation.
Person" means any individual, partnership, co -partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state and local governmental entities.
pH" means a measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater ( e.g., pH, temperature, TSS, TDS, turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards" or " standards" means prohibited discharge standards, categorical pretreatment standards, and local limits.
Process wastewater" means any water, which during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by- product, or waste product. 48 Prohibited discharge standards" or " prohibited discharges" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Sections 13. 26. 020( A) and (B) of this chapter.
Publicly owned treatment works ( POTW)" means a treatment works, as defined by Section 212 of the Act ( 33 U. S. C. Section 1292) which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
Septic tank waste" means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
Service area" means the geographical area served by a specific wastewater treatment plant.
Sewage" means human excrement and gray water ( household showers, dishwashing operations, etc.)
Shall" is mandatory and " may" is permissive.
Significant industrial user" means:
1. A user subject to categorical pretreatment standards; or
2. A user that:
a. Discharges an average of 25, 000 gpd or more of process wastewater to the POTW excluding sanitary, noncontact cooling, and boiler blowdown wastewater), b. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or c. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW' soperation or for violating any pretreatment standard or requirement;
3. Upon a finding that a user meeting the criteria in above subsection of this section, has no reasonable potential for adversely affecting the POTW' s operation or for violating
any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403. 8( f)(6), determine that such user should not be considered a significant industrial user.
Slug load" or "slug" means any discharge of a nonroutine, episodic nature, including, but not limited to, a bypass of the pretreatment system, or a noncustomary batch discharge released at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 13. 26. 020 of this chapter.
Standard Industrial Classification (SIC) Code" means a classification pursuant to the standard industrial classification manual issued by the United States Office of Management and Budget.
Storm water" means any flow occurring during or following any form of natural precipitation, 49 and resulting from such precipitation, including snowmelt.
Total suspended solids" means the total suspended matter that floats on the surface of, is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
User" or " industrial user" means a source of indirect discharge.
Wastewater" means liquid and water -carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
Wastewater treatment plant" or " treatment plant" means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. 50 Language Removed will be shown in RED STRIKETHROUGH
Revised Language will be shown in BLUE UNDERLINE
EXHIBIT H
Title 13. Public Services
Chapter 13. 28 STORMWATER MANAGEMENT AND DISCHARGE
CONTROL
13. 28. 00 Definitions and abbreviations.
Any terms defined in the Federal Clean Water Act and acts amendatory thereof of supplementary thereto, and/ ordefined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 as from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definitions of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and stormwater. These terms and other terms presently are defined as follows:
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Accelerated erosion" means erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.
Authorized enforcement official" or "Enforcement official" means the city engineer, or respective designee( s) of the city engineer that is/ are authorized to enforce the provisions of this chapter.
Best management practices" ("BMPs") means schedule of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices found in the SWPPP to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to the waters of the United States ( 33 CFR Section 328.). Best management practices include treatment requirements; operating procedures; practices to control site runoff, spillage, or leaks, sludge, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures, and such other provisions as the city determines appropriate for the control of pollutants.
Building" means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
Channel" means a natural or artificial watercourse with a definite bed and banks that 51 conducts continuously or periodically flowing water.
City" means the city of Lathrop.
City storm drain system" means and includes, but is not limited to, any of those facilities within the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-ade channels or storm drains, which is not part of a publicly owned treatment works ("POTW") as defined at 40 CFR, Section 122. 2.
Clean Water Act" means the Federal Water Pollution Control Act (33 U. S. C. Section 1251 et seq.), and any subsequent amendments thereto.
Construction activity" includes any public or private projects involving roadwork, paving, utility installation, structural construction ( new or redevelopment), demolition, grading, excavation, or landscaping that has soil disturbance or has pollutants exposed to stormwater.
It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purposes of a facility, nor does it include emergency construction activities required to immediately protect public health and safety.
Detention" means the temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
Detention facility" means a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
Developer" means a person who undertakes land disturbance activities.
Development" means any new construction, rehabilitation, redevelopment or reconstruction of any public or private residential project ( whether single -or multifamily planned unit development); industrial, commercial, retail and other nonresidential projects, including public agency projects; or grading for future construction.
Discharge" means any addition of any pollutant to the city storm drain system, including creeks, ditches, culverts and gutters, from any point source.
En- orcement officia " means the director of pub is wor< s, or designee, or any agent of city of Lathrop authorized to enforce comp iance with this chapter.
Erosion and sediment control plan" means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
Hazardous materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration of physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when properly treated, stored, transported, disposed of or otherwise managed ( California Health and Safety Code Section 25117).
Hazardous waste" means any material, including any substance, waste or combination 52 thereof, that because of its quality, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment, when improperly treated, stored, transported, disposed of, or otherwise managed ( California Health and Safety Code Section 25117).
Illegal discharge" means any discharge to the stormwater conveyance system that violates this chapter, or is prohibited by federal, state or local laws, or that degrades the quality of receiving waters in violation of any plan standard.
Illicit connection" means either:
1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non- stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system from indoor drains and sinks, regardless of whether such drain or connection had been previously allowed, permitted, or approved by a government agency; or
2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city.
Industrial activity" means any activity subject to an NPDES industrial permit, as defined in 40 CFR, Section 122. 26( b)( 14).
Infiltration" means the process of percolating stormwater into the subsoil.
Infiltration facility" means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.
Land disturbance activity" means any activity that changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-ade watercourse.
Maintenance agreement" means a legally recorded document that acts as a property deed restriction, and which provides for long- term maintenance of stormwater management practices.
National Pollutant Discharge Elimination System ( NPDES) permit" means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board, pursuant to Division 7, Chapter 5. of the California Water Code ( commencing with Section 13370), to control discharges from point sources to waters of the United States.
Non- commercial vehicle washing" means the washing and rinsing of passenger vehicles on private property in which no commercial enterprise or non- profit fundraising is being conducted in the washing of those vehicles.
Non -point source pollution" means pollution from any source other than from any discernible, confined, and discrete source, and shall include, but not be limited to, pollutants from 53 agricultural, mining, construction, subsurface disposal and urban runoff sources.
Non- stormwater discharge" means any discharge to the stormwater conveyance system that is not entirely composed of stormwater except those exemptions noted within an NPDES permit and this chapter.
Notice of intent" ("NOI") means a document filed with the State Water Resources Control Board which can be used to clearly identify the responsible parties, locations, and scope of operations of dischargers covered by the general NPDES permit and to document the discharger' sknowledge of the requirements for a SWPPP.
Person" means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee or otherwise.
Pollutant" means any contaminant that can degrade the quality of the receiving water in violation of any water quality standard or NPDES permit. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure ( including, but not limited to, sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind. The term " pollutant" shall also include any increment of increase in the total volume or rate of stormwater runoff resulting from any activity or development occurring after the effective date of the ordinance codified in this chapter.
Porter -Cologne Act" means the Porter -Cologne Water Quality Control Act (California Water Code Section 13000 et seq.) and any subsequent amendments thereto.
Premises" means any building, lot, parcel of land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
Public works director" or " director of public works" means the pub is wor< s director of the city of Lathrop. City Engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including but not limited to, the duly appointed manager of the City storm drain system.
Redevelopment" means any land disturbing activity occurring on existing developed property.
Regional board" means the state of California Regional Water Quality Control Board, Central Valley Region.
SSJID shared facilities" means facilities owned by the South San Joaquin Irrigation District SSJID) that are also used by the city of Lathrop for storm drainage.
Stormwater" means surface runoff and drainage associated with storm events, which is free of pollutants.
Stormwater conveyance system" means those artificial and natural facilities within the city of Lathrop, whether publicly or privately owned, by which stormwater may be conveyed to a 54 watercourse or waters of the United States, including without limitation, any roads with drainage systems, streets, catch basins, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.
Stormwater management" means the use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/ or peak flow discharge rates.
Stormwater pollution prevention plan ( SWPPP)" means a document that describes the best management practices to be implemented by the owner or operator of a business, commercial development, residential development, or construction project, to eliminate nonstormwater discharges and/ orto reduce, to the maximum extent practicable ( as defined by the State of California Regional Water Quality Control Board), pollutant discharges to the stormwater conveyance system.
Stormwater treatment facility" means a device installed or constructed to reduce or control stormwater peak runoff rates or to reduce stormwater contaminants, including, but not limited to, the construction of vegetated channels, grass filter strips, detention ponds, retention and percolation ponds, infiltration devices, wetlands, oil/ water separators, catch basin screens or filters, and proprietary stormwater treatment devices.
Surface water" means all water naturally open to the atmosphere (rivers, lakes, reservoirs, ponds, streams, impoundments, seas, estuaries, etc.) and all springs, wells, or other collectors directly influenced by surface water.
Urban runoff means any flow of water originating from urban areas, including, but not limited to, rain, irrigation, wash water, and air conditioning condensate.
Watercourse" means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs and rivulets.
Waters of the United States" means surface watercourses and water bodies as defined in 40 CFR, Section 122. 2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.
Any term( s) defined in the Federal Clean Water Act, as amended, and/ or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this section, shall, when used in this chapter, have the same meaning as set forth in such act or regulation.
55 PAGE LEFT
INTENTIONALLY
BLANK
56 ITEM 4. 5
CITY MANAGER' S REPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM: EXTENSION OF FIXED ROUTE FARE - FREE PROGRAM
AND ALIGNMENT OF FIXED ROUTE SCHEDULE WITH
LATHROP HIGH SCHOOL SCHEDULE
RECOMMENDATION: Adopt Resolution to Approve Lathrop Transit Fixed Route Fare -Free Program through June 30, 2026,
and Modification of the Fixed Route (" School
Tripper") Schedule to Mirror the Lathrop High School
Schedule
SUMMARY:
The City of Lathrop' s
microtransit system Lathrop Transit was launched in Quarter 2, 2025. Lathrop Transit continues to develop as a critical community mobility resource through combination of fixed -route and dial - a - ride portions of the service. The fixed - route " School Tripper" service was designed to complement school commute periods and is fully accessible to the general public and has become an important feature of the overall system. The City Council' sdecision to introduce a fare -free pilot program through December 31, 2025 has played a pivotal role in accelerating ridership growth, reducing barriers to access, and improving overall service efficiency.
Since implementing fare -free service on the " school tripper" route, Lathrop Transit has experienced steady month -over -month increases in ridership, indicating rising community awareness and acceptance. The fare -free fixed route pilot program is successfully stimulating early -stage ridership that new transit systems often struggle to cultivate. New " Bus Stop" signs have been placed along the " school tripper" route to mark each official stop. The continued upward trend suggests strong community support and growing reliance on transit as a daily mobility option for students, families, and residents.
Given this momentum, staff recommends extending the fare -free pilot program through June 30, 2026, providing a full academic year of fare -free service that aligns with school - year transit demands. In addition, because ridership peaks for the " school tripper correspond directly with the Lathrop High School schedule, staff recommends modifying the fixed - route service to mirror the school' s schedule. This will improve service reliability for the largest ridership segment and enhance system efficiency.
Together, these actions will further strengthen ridership growth, enhance accessibility, and provide a more accurate, uninterrupted dataset for evaluating longterm transit needs, system performance, and future funding opportunities.
BACKGROUND:
Lathrop Transit was developed to increase transportation equity, convenience, and accessibility for residents throughout the City, including youth/ students, seniors, and 57 CITY MANAGER' S REPORT PAGE 2
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
EXTENSION OF FIXED ROUTE FARE - FREE PROGRAM AND ALIGNMENT OF
FIXED ROUTE SCHEDULE WITH LATHROP HIGH SCHOOL SCHEDULE
individuals without access to transportation. The system includes a flexible dial - a - ride microtransit component supported by a fixed -route " School Tripper" operating during morning and afternoon peak school commute times. While the route was designed to support student mobility, the service is not a school bus and remains open to all members of the public, consistent with state and federal funding requirements that prohibit restricting transit exclusively to school purposes.
In August 2025, the City Council approved a fare -free pilot program through December 31, 2025 to increase accessibility, reduce economic barriers, and accelerate early adoption of the system. Since implementing the fare -free pilot, the system has shown consistent monthly ridership increases. New " Bus Stop" signs have been placed along the " school tripper" route to mark each official stop. With these new signs in place catching the School Tripper is clearer and easier than ever.
Staff analysis further indicates that fixed - route demand is closely tied to the Lathrop High School schedule. Aligning the fixed -route service with morning start times and afternoon dismissal times will improve operational efficiency, support students and families who rely on consistent transportation, and enhance the overall usefulness of the system during its busiest periods.
The recommended extension through June 30, 2026 will allow the City to collect data for a complete academic year under consistent operating conditions, providing a clearer understanding of travel patterns, service demand, and system performance.
This information will be critical for informing future route planning, funding strategies, long- term system design, and assessments of whether fare -free service should continue beyond June 2026.
Proposed Fixed Route Fare Free Pilot Program for Lathrop Transit through 6/ 30/ 26:
Fixed Route Fares Dial -A -Ride & ADA Paratransit
One Wa y
10 -Ride
Pass
31 -Day
Pass '
One Wa y
10 -Ride
Pass
31 -Day
Pass
General ( 18-
61)
Free Free Free 2 18 45
Seniors, ADA,
Youth( 2-17)
Free Free Free 1 9 30
Children
Under 2 ( with
accompanying
adult)
Free ' Free Free Free Free Free
58 CITY MANAGER' SREPORT PAGE 3
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
EXTENSION OF FIXED ROUTE FARE -FREE PROGRAM AND ALIGNMENT OF
FIXED ROUTE SCHEDULE WITH LATHROP HIGH SCHOOL SCHEDULE
The pilot program will also allow staff to collect data on ridership and utilization that may otherwise take years to materialize. By making the microtransit system as accessible as possible staff will be able to see the true demand that exists within Lathrop. The current fares collected on fixed route microtransit are de minimis to the overall funding of the system. The fare free pilot program meets the funding criteria for all revenue sources that the City currently uses to fund Lathrop Transit. The assumption of low fare revenue has been built into the microtransit systems operational budget. Impacts of this pilot program will be re- evaluated in Q2 2026 to determine if it is operationally and financially feasible to extend the program beyond June 30, 2026.
The hours of operation for microtransit are Monday through Friday 7am until 5pm, except on holidays. More information on the specific route and pickup times are available on the Lathrop Transit website at: www. lathroptransit. com A mobile application is in the development stages and should be available soon. For more information on the new micro -transit service, please call Lathrop Transit at ( 866) 495 -LIFT ( 5438) to make a reservation.
REASON FOR RECOMMENDATION:
The extension of the " school tripper" free fare structure will remove a financial barrier for transit riders and families to access public transportation. The tasks associated with the oversight, management, and security of transit fares are onerous considering the de minimis funds collected. Aligning the fixed -route schedule with Lathrop High School ensures the route serves the highest concentration of daily users at the times they need it most. Free fares and schedule synchronization are proven strategies for boosting ridership and improving system efficiency. Staff recommends the City Council approve the Fixed Route Fare Free Pilot Program for Lathrop Transit through June 30, 2026.
FISCAL IMPACT:
The current fares collected on fixed route microtransit are de minimis to the overall funding of the system. The extension of the fare free program meets the funding criteria for all revenue sources that the City currently uses to fund Lathrop Transit.
The assumption of low fare revenue has been built into the transit operational budget.
Impacts of this fare free program will be re- evaluated in Q2 2026 to determine if it is operationally and financially feasible to extend the program beyond June 30, 2026. 59 CITY MANAGER' S REPORT PAGE 4
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
EXTENSION OF FIXED ROUTE FARE - FREE PROGRAM AND ALIGNMENT OF
FIXED ROUTE SCHEDULE WITH LATHROP HIGH SCHOOL SCHEDULE
ATTACHMENTS:
A. Resolution to Approve Lathrop Transit Fixed Route Fare -Free Program through June 30, 2026, and Modification of the Fixed Route (" School Tripper") Schedule to Mirror the Lathrop High School Schedule 60 Thomas Hedegard
Deputy City Manager
CITY MANAGER' SREPORT PAGE 5
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
EXTENSION OF FIXED ROUTE FARE -FREE PROGRAM AND ALIGNMENT OF
FIXED ROUTE SCHEDULE WITH LATHROP HIGH SCHOOL SCHEDULE
APPROVALS:
1 i 1 to 12025
Date
ZD- Ix) 2, 5
Salvador Navarrete Date
City Attorney
11. 24- LS
Stephen J. Salvatore Date
City Manager
61 RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
AUTHORIZE THE LATHROP TRANSIT FIXED ROUTE FARE -FREE PROGRAM THROUGH JUNE 30, 2026, AND MODIFICATION OF THE FIXED ROUTE SCHOOL TRIPPER") SCHEDULE TO MIRROR THE LATHROP HIGH SCHOOL
SCHEDULE
WHEREAS, the City of Lathrop recently launched a new microtransit system that offers a flexible, on -demand transportation service aimed at improving mobility throughout the City; and
WHEREAS, there is also a fixed route component to the service called the School Tripper" that runs in the morning and afternoon to ensure that students, parents, and school employees are able to get to school. This is not a school bus and is available to the public as well as the funding for this program cannot be restricted to school use only; and
WHEREAS, fare free fixed routes make the microtransit system accessible to all potential transit riders in the community. This pilot program will allow the City to provide transit equitably, eliminating the fixed route fare can make a tangible difference for many riders. Eliminating fixed route fares injects money back into the local economy. Riders and families spending $ 30- 60 per month on fares today can instead invest those dollars back into their family, their homes, food, health care, and retail in Lathrop; and
WHEREAS, the pilot program will also allow staff to collect data on ridership and utilization that may otherwise take years to materialize. By making the microtransit system as accessible as possible staff will be able to see the true demand that exists within Lathrop; and
WHEREAS, the proposed fare changes are listed in the tables below.
Proposed Fixed Route Fare Free Pilot Program for Lathroq Transit through 6/ 30/ 26:
Fixed Route Fares. Dial -A -Ride & ADA Paratransit
One Way 10- Ridedes
31 -Day 10- RidePass31s -Day
General ( 18-
61)
Free Free Free 2 18 45
Seniors, ADA,
Youth( 2-17)
Free Free Free 1 9 30
Children
Under 2 ( with
accompanying
adult)
Free Free Free Free Free Free
and
62 WHEREAS, the current fares collected on fixed route microtransit are de minimis to the overall funding of the system. The fare free pilot program meets the funding criteria for all revenue sources that the City currently uses to fund Lathrop Transit. The assumption of low to no fare revenue has been built into the microtransit systems operational budget. Impacts of this pilot program will be re- evaluated in Q2 2026 to determine if it is operationally and financially feasible to extend the program beyond June 30, 2026; and
WHEREAS, aligning the fixed - route schedule with Lathrop High School ensures the route serves the highest concentration of daily users at the times they need it most. Free fares and schedule synchronization are proven strategies for boosting ridership and improving system efficiency.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop authorizes the Lathrop Transit Fixed Route Fare - Free Program through June 30, 2026, and Modification of the Fixed Route (" School Tripper") Schedule to Mirror the Lathrop High School Schedule for Days of Operation. 63 The foregoing resolution was passed and adopted this 8th day of December 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney APPROVED AS TO FORM:
64 ITEM 4. 6
CITY MANAGER' SREPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
RATIFY THE PURCHASES FROM CDW- G FOR
CYBER SECURITY RELATED SOFTWARE
SUBSCRIPTIONS AND AUTHORIZE
ADDITIONAL CYBER SECURITY PURCHASES
Adopt a Resolution to Ratify Purchases from
CDW- Gfor a Cyber Security Related Software
Subscriptions and Authorize Additional Cyber
Security Purchases
SUMMARY:
The Information Systems Department ( ISD) utilizes an array of cyber security related software subscriptions as tools to protect the City' s
network systems. However, it' s
imperative to note that the details of the proposed cyber security software subscriptions cannot be publicly disclosed due to significant security risks associated with such sensitive information. Publishing these details could inadvertently provide malicious actors with valuable insights, potentially enabling them to exploit vulnerabilities and launch harmful cyber- attacks against the City' s systems.
Therefore, to safeguard against such threats and ensure the continued integrity of the City' s cyber security infrastructure, the specific details of the software subscriptions must remain undisclosed.
The City Manager approved the purchase of two ( 2) software subscription extensions in November 2025, to ensure no disruption to the services provided by the software subscriptions. The purchase of these software subscriptions aligns with the urgency of maintaining compliance with the rigorous standards set forth by the Department of Homeland Security ( DHS) and Department of Justice ( DOJ) compliance. By ensuring services will not be disrupted, the City aims to mitigate potential risks and ensure adherence to regulatory standards. Moreover, maintaining compliance with these standards is essential for securing cyber insurance coverage, which not only enhances the City' s overall cyber security resilience but also has the potential to reduce associated costs. Hence, this investment serves as a proactive measure to enhance the City' scyber security defenses and safeguard the integrity of the City' s digital infrastructure. Additional cyber security software expenses are projected at 75, 000 for the fiscal year 25-6 from CDW- Government, Inc. (CDW- G).
Tonight, Staff requests City Council adopt a resolution to ratify purchases from CDWG for a sum not to exceed $ 77, 601 for the purchase of two ( 2) second year cyber security related software subscription extensions and authorize the City Manager to authorize additional expenses up to $ 75, 000 related to cyber security software expenses.
65 CITY MANAGER' SREPORT PAGE 2
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
RATIFY THE PURCHASES FROM CDW- G FOR CYBER SECURITY RELATED
SOFTWARE SUBSCRIPTIONS AND AUTHORIZE ADDITIONAL CYBER
SECURITY PURCHASES
BACKGROUND:
The ISD utilizes a variety of cyber security software subscriptions, essential for aligning with the rigorous standards outlined by the National Institute of Standards and Technology ( NIST). Compliance with these standards is not only mandated by the Department of Homeland Security ( DHS) and the Department of Justice ( D0J) but also required for the City to pursue State and Federal Grants in the future.
Additionally, adherence to NIST guidelines enables the City to maintain its' cyber security insurance, thereby potentially reducing the overall cyber security insurance expenses incurred by the City. By continuing to invest in this initiative, the City demonstrates its commitment to proactive cyber security measures, ensuring resilience against emerging threats.
The software subscriptions previously approved to be purchased by City Council in March 2024 require extension prior to termination for a sum of $ 77, 601. The City Manager has previously authorized purchases from CDW- G for other cyber security subscription extensions from CDW- G. Approval of these purchases are therefore above his signing authority for the aggregate of this vendor as would be any additional purchases from CDW- G for cyber security software subscription extensions.
Tonight, Staff requests City Council adopt a resolution to ratify purchases from CDWG for a sum not to exceed $ 77, 601 for the purchase of two ( 2) second year cyber security related software subscription extensions and authorize the City Manager to approve additional expenses up to $ 75, 000 related to cyber security software expenses.
REASON FOR RECOMMENDATION:
To ensure compliance with the requirements of the Department of Homeland Security DHS) and the Department of Justice ( D0J), enhance the City' s cyber security posture, maintain cyber security insurance coverage, and potentially reduce insurance premiums.
FISCAL IMPACT:
There are sufficient funds in the budget for GL 1010-7- 20- 435- 10- 0as approved by the City Council in the biennial budget for fiscal year 25-6.
ATTACHMENTS:
A. Resolution to Ratify Purchases with CDW- G for Cyber Security Related Software Subscriptions and Authorize Additional Cyber Security Purchases B. Redacted PO # 2026-50 with CDW- G for the Cyber Security Related Software Subscription
C. Redacted PO # 2026- 304 with CDW- G for the Cyber Security Related Software Subscription
66 CITY MANAGER' S REPORT PAGE 3
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
RATIFY THE PURCHASES FROM CDW- GFOR CYBER SECURITY RELATED
SOFTWARE SUBSCRIPTIONS AND AUTHORIZE ADDITIONAL CYBER
SECURITY PURCHASES
APPROVALS:
ernandes Date
Inf. rma ion Systems Director
Carl Jam
Finance Dector
nda4/ aoas
Date
Z/ V/o
Thomas Hedegard Date
Deputy City Manager
Zy- tom- S -
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore
City Manager
iz• `4'. zZG".
Date
67 RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
PURCHASES FROM CDW- G FOR CYBER SECURITY RELATED SOFTWARE
SUBSCRIPTIONS AND AUTHORIZE ADDITIONAL CYBER SECURITY
PURCHASES
WHEREAS, cybercrime poses a significant threat to the privacy and economic security of all consumers and businesses; and
WHEREAS, every day the City is faced with hundreds of thousands of relentless attempts by hackers and web pirates attempting to steal financial, business, personal, or otherwise sensitive information; and WHEREAS the Information Systems Department ( ISD) utilizes an array of cyber security related software subscriptions as tools to protect the City' s network systems; and
WHEREAS, it' s imperative to note that the details of the proposed cyber security software subscriptions cannot be publicly disclosed due to significant security risks associated with such sensitive information; and
WHEREAS, the City Manager approved the purchase of two ( 2) software subscription extensions in November 2025, to ensure no disruption to the services provided by the software subscriptions; and
WHEREAS, additional cyber security software expenses from CDW- G are projected at $ 75, 000 for the fiscal year 25-6; and
WHEREAS, this investment serves as a proactive measure to enhance the City' s cyber security defenses and safeguard the integrity of the City' s digital infrastructure; and
WHEREAS, staff requests that the City Council adopt a resolution to ratify purchases with CDW- G for cyber security related software subscriptions in the amount not to exceed $ 77, 601 and authorize the City Manager to approve additional cyber security purchases from CDW- Gfor a sum not to exceed $ 75, 000.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify purchases from CDW- G for cyber security related software subscriptions in the amount not to exceed $ 77, 601 and authorize the City Manager to approve additional cyber security purchases from CDW- G for a sum not to exceed 75, 000.
68 The foregoing resolution was passed and adopted this 8th day of December 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 69 Docusign Envelope ID: 90A1FBEA- C60C- 4BA8- 80E7- F297675D56E8 The parties to this agreement
are:
Vendor No. 1568
CDW Government, Inc
a) 75 Remittance Dr, Suite 1515
C Chicago, IL 60675- 1515
350. 00
180. 00
175. 00
530. 00
250. 00
530. 00
EACH
EACH
EACH
EACH
EACH
EACH
a0 390 Towne Centre Dr
Lathrop, CA 95330
4 to 390 Towne Centre Dr
2 Lathrop, CA 95330
4 o
Purchase Order
No. 2026- 00000250
Date 10// 2025
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE 1of3
ORIGINATOR Emily Malay
17.500 $ 6, 002. 50
28. 6000 $ 5, 148. 00
27. 9800 $ 4, 896. 50
16. 2000 $ 8, 586. 00
15.600 $ 3, 790. 0
8. 6500 $ 4, 584.0
The contractor agrees to furnish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be clone, where is to be done and include work specifications, if applicable.)
rDocuiloned
by:
ruustkits 10/ 6/ 2025 51% Sluirtuf
33, 007. 50
10/ 6/ 2025
CITY OF LATHROP VENDOR ( Signature)
RECOMMENDED FOR APPROVAL DATE APPROVED BY DATE
Tim Sharkey 10/ 6/ 2025
CITYISF LATHROP VENDOR ( Pant Name) APPROVED BY DATE APPROVED BY DATE Special Instructions
70 Docusign Envelope ID: 90A1FBEA- C60C- 4BA8- 80E7- F297675D56E8
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
ACCEPTANCE. Acceptance of this Purchase Order, whether by written acknowledgement or by performance by Seller, shall be upon the terms and conditions hereof; no other terms or conditions shall be binding on Buyer unless written approval thereof specifically referring to such other terms and conditions shall have been given to Seller.
INVOICES. Separate invoice shall be supplied for each Purchase Order shipment Each invoice shall be itemized and shall show Contract Number, terms, discounts, date of shipment or service dates, and Purchase Order Number. Failure to show said items may result in delay ofpayment with all rights reserved, including cash discounts. The Vendor name on this Purchase Order resulted from a quotation signed in the same name. Payment will not be made to a firm name other than that shown on the face hereof without written assignment.
3. PAYMENT TERMS. Seller shall receive payment either by One -Time payment ( Lump Sum), Monthly or Quarterly ITEMIZED INVOICE. All payments are in arrears.
4. ORDER CHANGES. The Buyer shall have the right from lime to time by written notices to make changes in gantities andfor delivery dates of any article, material, at services covered by this Purchase Order prior to the time the item or items are actually placed into final production by the Seller. If such changes are made alter the article, material, or services are placed into final production by the Seller and such changer cause a substantial increase or decrease in Seller' s performance will be made and this order will be modified in writing accordingly, provided that any claim far adjustment must be asserted by the Seller within a reasonable time (in no case to exceed twenty days) after the change is ordered.
5. SIPPING. Seller will indicate plainly the Purchase OrderNumber on all bills oflading, all goads shipped pursuant to said order, and an all invoices, freight bills, and packages. Each padcage must contain a memorandum showing Seller' s name, contents of package, and Purchase Order Number.
Shipments of goods specified on this Purchase Order member should result in lowest possible freight rate unless otherwise specified by Buyer. Penalties or increased charges due to failure to observe this provision will be charged to Seller.
Slopping costs for goods on back order shall be paid only at the rate which would have been applicable had the complete order been shipped at one time. All excess costs shall be borne by Seller. Partial shipments must be identified as such on shipping memoranda and invoices.
When shipping, Seller will make no declaration ofvalue to carried, except where shipment is subject to released value ratings.
Any materials supplied to City which are covered by the OSHA Hazard Commhmication Standard must be accompanied by the applicable Material Safety Data Sheet (MSDS) at the time of delivery.
6. DELIVERY. Unless otherwise expressly provided, Seller shall deliver all articles to Buyer' s premises, free of all freight handling, transportation, drayage, boxing and similar charges. All times in this contract are of the essence.
7. TERMINATION. Buyer may terminate all or part of this contract, with or without cause. If buyer terminates without cause, then Buyer shall pay all reasonable termination charges incurred by Seller a. DECLINE IN PRICES. Buyer shall be protected in the event of declining prices on the undelivered portion of this Purchase Order. If prices decline got items ordered, Seller may elect to meet priced reductions or other vendors, or is own lower prices to other purchasers, but ifSeller should raise to do so, Buyer shall have the right to cancel any or all ofthe balance due on this Purchase Order without cost to Buyer.
9. FORCE MAJEURE. Neither Seller nor Buyer shall be liable for nonperformance due to causes beyond reasonable control. Where only a part of Seller' s
capacity to perform is excused under this paragraph, Seller must allocated production and deliveries among the various customer then under contract for similar goods during the period. The allocation must be made in a fair and equitable manner. Where either Seller or Buyer claims an excuse for nonperformance under this paragraph, it must give notice in writing to the other party. Seller shall not be obligated to sell, nor Buyer obligated to purchase, at a later date, that portion ofthe goods that Seller is unable to deliver or Buyer is unable to receive or use due to any excused cause. No goods are to be tendered by Seller after the expiration of the terms specified in this Purchase Order without consent of Buyer.
10. WARRANTY. Seller warrants that all articles and services covered by this Purchase Order will conform to drawings, specifications, or samples and will be merchantable and of good material, design and workmanship, tree from all defects, and suitable for the use intended.
All articles will be subject to Buyer' sinspection and rejection at the place of delivery. Defective articles may be returned to the Seller for full credit or replacement at the Seller' srisk and expense, including transportation charges both ways, but no defective articles shall be replaced without formal replacement order signed by the Buyer.
11. ASSIGNMENT. Neither party shall assign or transfer this Purchase Order without the written consent ofthe other.
12. INDEMNITY. SELLER WARRANTS THAT GOODS FURNISHED UNDER THIS PURCHASE ORDER DO NOT INFRINGE ANY PATENT, TRADEMARK, OR TRADE NAME, OR COPYRIGHT AND AGREES TO INDEMNIFY AND SAVE HARMLESS BUYER OR ITS VENDEES FROM ANY AND ALL CLAIMS, SUITS, LL. BILITIES, DAMAGES, LOSSES, OR EXPENSES INCURRED BY BUYER OR ITS VENDEES BY REASON OF ANY ALLEGED INFRINGEMENT OF ANY SUCH RIGHTS. 71 Docusign Envelope ID: 90A1 FBEA- C60C- 4BA8- 80E7- F297675D56E8 PAGE 3 OF 3
SELLER SHALL INDEMNIFY AND HOLD HARMLESS BUYER AND ITS AGENTS AND EMPLOYEES FROM AN AGAINST ALL CLAIMS. DAMAGES, LOSSES AND EXPENSES, INCLUDING ATTORNEY' SFEES, ARISING OUT OF OR
RESULTING FROM THE PERFORMANCE OF THE WORK CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF SELLER, ANY SUBCONTRACTOR, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE. IN CASE OF CONCURRING FAULT, EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS.
13. BUYER' SPROPERTY. Any property ofBuyer in Seller' sactive or constructive possession or custody hereumder will be at Sellers risk, and Seller agrees to reimburse Buyer for any loss or damage to such property however caused_ 14_ COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS_ By acceptance hereof, Seller Warrants:
a) that all goods, merchandise, and materials delivered and services rendered hereunder will have been produced and provided in compliance with allrequirements ofthe Fair Labor Standards Act of 1938, as amended, and b) that all goods, materials, and equipment delivered hereunder shall comply with the applicable federal standards prescribed by the Occupational Safety and Health Act of 1970, or as amended c) that Seller will comply with all applicable laws, rules and regulations of federal, state and local governments and agencies, thereof, including but not limited to Executive Orders 11246, 11701, and section 503 ofPublic Law 93- 112, The Rehabilitation Act of 1973, the provisions of The Americans and Disabilities Act, Transient Employer Law ( 285.30 RS Mo. et seq.) and Excessive Unemployment law (Section 290. 550 et seq R. S. Mo.) which are hereby incorporated by reference, unless this Purchase Order is exempt pursuant to said Executive Orders, or Acts and the regulations issued thereunder_
15. WORKER' SCOMPENSATION, EMPLOYER' SLIABILITY, AND GENERAL LIABILITY. When work is performed on Buyer' s premises, Seller agrees to carry at Seller' sown expense. a) Worker' sCompensation and Employer' sliability Insurance. b) General liability ( including Contractual Liability and Products Liability/ Completed Operations) Insurance and Auto liability insurance each in amounts no less than $ I,000,00 per occurrence. Insurance certificates ofsuch coverage shall be submitted to City Utilities' Risk Management upon request ofBuyer.
16. INSOLVENCY. If Seller shall become insolvent, file a petition in bankruptcy, or shall make an assignment for the benefit of creditors. or if a receiver or trustee shall be appointed of or for any of Seller' s property or business, the Purchase Order may
option without liability.
be cancelled at Buyer' s
17. TAXES. Seller agrees to cooperate with Buyer in opposing the imposition of any tax an any article covered by this Purchase Order, the legality ofwhichis questioned by Buyer, and in securing any abatement or any refund thereof sought by Buyer.
18. FOREIGN SHIPMENTS. Foreign shipments must be preceded by execution of formal Consular Invoice. At time of shipment. Ocean Bills of Lading, Consular Invoice, and Commercial Invoices, in triplicate, shall be forwarded directly to the Purchasing Agent issuing this Purchase Order.
19. VENUE. This Purchase Order shall be governed by the law of the State ofCalifornia.
20. BRANDING. Seller warrants that all materials covered by this Purchase Order are no altered or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act; not an article with may not , under provisions ofSection 404 or 505 of said act, be introduced into interstate commerce, and not adulterated or misbranded within the meaning of the pure food and drug laws or the ordinances of any state err city which are applicable to such shipment or delivery, and Seller hereby agrees to mdmmify and save the Buyer harmless from and against all claims, charges, action and proceedings brought against Buyer by any lawful government authority or by any person on account of any alleged adulteration or misbranding by Seller of any such material referred to above. Seller does no guarantee against any such material becoming adulterated or misbranded after delivery to Buyer by reason of causes beyond Seller' scontrol
21. CONFLICTING TERMS. In case of a conflict between these terms and conditions and those of a separate written contract signed by both Buyer and Seller, the written contract shall prevail.
22. REVIEW OF RECORDS. During the term ofthe purchase order/ agreement and for three years thereafter, City ofLathrop ( City) shall have the right to review Seller' srecords, only for the purposes of verifying claims for payment and compliance with the terms and conditions ofthe purchase order/ agreement for at least three years after final payment.
23. OFFSETTING BILLS. City nerves the right to apply offsetting payments for goods and/' or services that are due against delinquent utility bills which are due City.
24. NON- EXCLUSIVE AGREEMENT. The purchase order is a non- exclusive contract and City reserves the right to purchase same or like materials and/ or services from other sources as City deems necessary and appropriate. 72 Docusign Envelope ID: 90A1FBEA- C60C- 4BA8- 80E7- F297675D56E8 Thank you for choosing CDW. We have received your quote.
Hardware Software Services IT Solutions Brands Research Hub
QUOTE CONFIRMATION
TONY FERNANDES,
Thank you for considering CDWG for your technology needs. The details of your quote are below. If you are an eProcurement or single siap on customer. please too into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.
For all other customers, click below to convert your quote to an order.
This quote is subject to CDW' s Third Party Cloud Services Order Form Terms and Conditions set forth at
https:// www. cdg.om/ content/ cdwg/ en/ terms- conditions/ third- paty- cloud- services- order- torm-er ms - and -conditions-. html
Convert Quote to Order
ACCOUNT MANAGER NOTES: Thank You.
QUOTE N QUOTE DATE QUOTE REFERENCE CUSTOMER • GRAND TOTAL 9/4/ 2025 33, 0077.. 5050
IMPORTANT - PLEASE MEAD
Special Instructions;
QUOTE DETAILS
ITEM QTY
350
180
175
530
UNIT PRICE EXT. PRICE
17.5 $ 6, 002. 50
28. 60 $ 5, 148. 00
27. 98 $ 4, 896. 50
0.0 $ 0.0
16. 20 $ 8, 586. 00
73 Docusign Envelope ID: 90A1FBEA- C80C- 45A8- 80E7- F297675056E8 QUOTE DETAILS ( CONT.)
250
530
5 15.6 $ 3, 790. 0
8. 65 $ 4, 584.0
0.0 $ 0.0
These services are considered Third Party Services, and this purchase is subject to CDW' s Ipird rim land loam Iguny mg Conditions, unless you have a written agreement with CDW covering your purchase of products and services, in which case this purchase is subject to such other written agreement.
The third -party Service Provider will provide these services directly to you pursuant to the Service Provider' sstandard terms and conditions or such other terms as agreed upon directly between you and the Service Provider. The Service Provider, not CDW, will be responsible to you for delivery and performance of these services. Except as otherwise set forth in the Service Provider' s agreement, these services are
non - cancellable, and all fees are non- refundable.
PURCHASER BILLINI INFO
Billing Address:
CM OF LATHROP
ACCTS PAYABLE
390 TOWNE CENTRE DR
LATHROP, CA 95330-58
Phone: (209) 941- 7200
Payment Terms: NET 30 -VERBAL
4 Sales Contact Info
SUBTOTAL
SHIPPING
SALES TAX
GRAND TOTAL
DELIVER TO
Shipping Address:
CITY OF LATHROP
TONY FERNANDES
390 TOWNE CENTRE DR
LATHROP, CA 95330-58
Phone: (209) 941- 7200
Shipping Method: ELECTRONIC DISTRIBUTION
Please runt payments to:
CDW Government
75 Remittance Drive
Suite 1515
Chicago, R. 60675- 1515
Tim Sharkey I ( 877) 881- 6919 I timshar@cdwq. com
33, 007. 50
0.0 0.0
33, 007. 50
74 Docusign Envelope ID: 90A1FBEA- C60C- 4BA8- 80E7- F297675D56E8 Need Help?
My Account Support Call 800. 4239
About Us I Privacy Policy I Terms and Conditions
This order is subject to CDW' sTerms and Conditions of Sales and Service Projects at http:// www. mwg. comicontentiterms- concitions/ product- sales. asox For more information, contact a CDW account manager.
2025 CDWG LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 1800. 808. 4239
75 Docusign Envelope ID: 48AB003C- F591- 473A- 9558- 6AE1FSCCC4C6 igkiv
The parties to this agreement
are:
Vendor No. 1568
CDW Government, Inc
3 75 Remittance Dr, Suite 1515
Q Chicago, IL 60675- 1515
250. 00 EACH
150. 00 EACH
400. 00 EACH
5. 00 EACH
250. 00 EACH
1. 00 EACH
470. 00 EACH
470. 00 EACH
W 390 Towne Centre Dr
Lathrop, CA 95330
0 Cl) 390 Towne Centre Dr
Z. Lathrop, CA 95330
mi
0 Purchase Order
No. 2026- 00000304
Date 10/ 27/025
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE 1 of 3
ORIGINATOR Emily Malay
62.100 $ 15, 652. 50
62.100 $ 9, 391. 50
3. 0600 $ 1, 224. 00
955. 0000 $ 4, 775. 00
4. 7800 $ 1,95. 00
665. 9900 $ 665. 99
18.300 $ 8, 521. 10
6. 7400 $ 3, 167. 80
The contractor agrees to furnish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
Doaasbn. dby:
vww./ wf
10/ 28/025
CITY OF LATHROP
RECOMMENDED FOR APPROVAL
r—Siened by:
lSD
VENDOR ( Signature)
DATE APPROVED BY
CITY OF LATHROP
APPROVED BY DATE
Special Instructions
Tim Sharkey
44, 592. 89
10/ 28/025
DATE
10/ 28/025
VENDOR ( Print Name)
APPROVED BY DATE
76 Docusign Envelope ID: 48AB0D3C- F591- 473A- 9558- 6AE1F8CCC4C6
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
1. ACCEPTANCE. Acceptance of this Purchase Order, whether by written acknowledgement or by performance by Seller, shall be upon the terms and conditions hereof; no other terms or conditions shall be binding on Buyer unless written approval thereof specifically referring to such other terms and conditions shall have been given to Seller.
2. INVOICES. Separate invoice shall be supplied for each Purchase Order shipment_ Each invoice shall be itemized and shall show Contract Number, tams, discounts, date of shipment or service dates, and Purchase Order Number. Failu a to show said items may result in delay ofpayment with all rights reserved, including cash discounts. The Vendor name on this Purchase Order resulted from a quotation signedin the same name. Payment will not be made to a firm name other than that shown on the face hereofwithout written assignment.
3. PAYMENT TERMS. Seller shall repave payment either by One -Time payment ( Lump Sum), Monthly or Quarterly ITEMIZED INVOICE. All payments are in arrears.
4. ORDER CHANGES. The Buyer shall have the right from time to time by written notices to make changes in quantities and/ or delivery dates of any article, material, or services covered by this Purchase Order prior to the time the item or items are actually placed into final production by the Seller. If such changes are made alter the article, material, or services are placed into final production by the Seller and such changes cause a substantial increase or decrease in Seller' s performance will be made and this order will be modified in writing accordingly, provided that any claim for adjustment must be asserted by the Seller within a reasonable time (in no case to exceed twenty days) alterthe change is ordered
5. SHIPPING. Seller will indicate plainly the Purchase Order Number mall bills of lading, all goods shipped pursuant to said order. and on all invoices, freight bills, and packages. Each package must contain a memorandum showing Seller' sname. contents of pack age, and Purchase Order Number.
Shipments of goods specified on this Purchase Order amber should result in lowest possible freight rate unless otherwise specified by Buyer. Penalties or increased charges due to failure to observe this provision will be charged to Seller_ Shipping costs for goods on back order shall be paid only at the rate which would have been applicable had the complete order been shipped at one time. All excess costs shall be borne by Seller. Partial shipments must be identified as such on shipping memoranda and invoices.
When shipping, Seller will make no declaration ofvalue to carried: except where shipment is subject to released value ratings.
Any materials supplied to City which are covered by the OSHA Hazard Communication Standard must be accompanied by the applicable Material Safety Data Sheet (MSDS) at the time ofdelivery.
6. DELIVERY. Unless otherwise expressly provided, Seller shall deliver all articles to Buyer' s premises, free of all freight, handling. transportation, drayage, boxing and similar charges. All times in this contract are ofthe essence.
7. TERMINATION. Buyer may tam/ nate all or part of this contract with or without cause. If buyer terminates without cause, then Buyer shall pay all reasonable temrinatim charges incurred by Seller.
8. DECLINE IN PRICES. Buyer shall be protected in the event of declining prices on the undelivered portion of this Purchase Order. If prices decline got items ordered, Seller may elect to meet priced reelections or other vendors, or is own lower prices to other purchasers, he ifSeller should reline to do so, Buyer shall have the right to cancel any or all of the balance due on this Purchase Or without cost to Buyer.
9. FORCE MAJEURE_ Neither Seller nor Buyer shall be liable for nonperformance due to causes beyond reasonable control. Where only a part of Seller' srapacity to perfonu is excused under this paragraph. Seller must allocated production and deliveries among the various customers then under contract for similar goods dining the period. The allocation must be made in a fair and equitable manner. Where either Seller or Buyer claims an excuse for nonperformance under this paragraph, it must give notice in writing to the other party. Seller shall not be obligated to sell, nor Buyer obligated to purchase, at a later date, that portion ofthe goods that Seller is unable to deliver or Buyer is unable to receive or use due to any excused cause_ No goods are to be tendered by Seller after the expiration of the terms specified in this Purchase Order without consent of Buyer.
10. WARRANTY. Seller warrants that all articles and services covered by this Purchase Order will conform to diawings, specifications, or samples and will be merchantable and of good material, design and workmanship, free from all defects, and suitable for the use intended.
All articles will be subject to Buyer' sinspection and rejection at the place of delivery. Defective articles may be returned to the Seller for full credit or replacement at the Seller' srisk and expense, including transportation charges both ways, but no defective articles shall be replaced without formal replacement order signed by the Buyer.
11. ASSIGNMENT. Neither party shall assign or transfer this Purchase Order without the written consent ofthe other.
12. INDEMNITY. SELLER WARRANTS THAT GOODS FURNISHED UNDER THIS PURCHASE ORDER DO NOT INFRINGE
ANY PATENT, TRADEMARK, OR TRADE NAME, OR COPYRIGHT AND AGREES TO INDEMNIFY AND SAVE
HARMLESS BUYER OR ITS VENDEES FROM ANY AND ALL CLAIMS, SUITS, LLABILTIIES, DAMAGES, LOSSES, OR
EXPENSES INCURRED BY BUYER OR ITS VENDEES BY REASON OF ANY ALLEGED INFRINGEMENT OF ANY SUCH RIGHTS.
77 Docusign Envelope ID: 48AB0D3C- F591- 473A- 9558- 6AE1F8CCC4C6 PAGE 3 OF 3
SELLER SHALL INDEMNIFY AND BOLD HARMLESS BUYER AND ITS AGENTS AND EMPLOYEES FROM AN
AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING ATTORNEY' SFEES, ARISING OUT OF OR
RESULTING FROM THE PERFORMANCE OF THE WORK CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF SELLER, ANY SUBCONTRACTOR, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE. IN CASE OF CONCURRING FAULT, EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS.
13. BUYER' SPROPERTY. Any property of Buyer in Seller' sactive or constructive possession or custody hereunder will be at Self' srisk. and Seller agrees to reimburse Buyer for any loss or damage to such property however caused.
14. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. By acceptance hereof, Seller Warrants:
a) that all goods, merchandise, and materials delivered and services rendered hereunder will have been produced and provided in compliance with all requirements of the Fair Labor Standards Act of 1938, as amended, and that all goods, materials, and equipment delivered hereunder shall comply with the applicable federal standards prescribed by the Occupational Safety and Health Act of 1970, or as amended. c) that Seller will comply with all applicable laws, rules and regulations of federal, state and local governments and agencies, thereof, including but not limited to Executive Orders 11246, 11701, and section 503 ofPublic law 93- 112, The Rehabilitation Act of 1973, the provisions of The Americans and Disabilities Act, Transient Employer Law ( 285.30 RS. Mo. et seq.) and Excessive U: ne mployment law (Section 290. 550 et seq RS. Mo.) which are hereby incorporated by reference, unless this Purchase Order is exempt pursuant to said Executive Orders, or Acts and the regulations issued thereunder, b)
15. WORKER' S COMPENSATION, EMPLOYER' SLIABILITY, AND GENERAL LIABILITY. When work is performed on Buyer' s premises, Seller agrees to carry at Seller' sown expense a)
b)
Worker' sCompensation and Employer' sLiability Insurance.
General liability ( including Contractual Liability and Products Liability/ Completed Operations) Insurance and Auto liability insurance each in amounts no less than $ 1, 000,00 per occurrence. Insurance certificates of such coverage shall be submitted to City Utilities' Risk Management upon request ofBuyer.
16. INSOLVENCY. If Seller shall become insolvent, file a petition in bankruptcy, or shall make an assignment forthe benefit of creditors. or if a receives or trustee shall be appointed of or for any of Seller' s property or business, the Purchase Order may be cancelled at Buyer' s option without liability.
17. TAXES. Seller agrees to cooperate with Buyer in opposing the imposition of any tax on any article covered by this Purchase Order, the legality ofwhich is questioned by Buyer, and in securing any abatement or any refund thereof sought by Buyer.
18. FOREIGN SHIPMENTS. Foreign shipments must be preceded by execution of formal Consular Invoice. At time of shipment Ocean Bills of Lading, Consular Invoice, and Commercial Invoices, in triplicate, shall be forwarded directly to the Purchasing Agent issuing this Purchase Order.
19. VENUE. This Purchase Order shall be governed by the law ofthe State of California.
20. BRANDING. Seller warrants that all materials covered by this Purchase Order are no altered or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act; not an article with may not , under provisions ofSection 404 or 505 of said act, be introduced into interstate commerce, and not adulterated or misbranded within the meaning of the pure food and drug laws or the ordinances of any state or city which are applicable to such shipment or delivery, and Seller hereby agrees to mdeanify and save the Buyer harmless from and against all claims, charges, action and proceedings brought against Buyer by any lawful government authority or by any person on account of any alleged adulteration or misbranding by Seller of any such material referred to above. Seller does no guarantee against any such material becoming adulterated or misbranded after delivery to Buyer by reason of causes beyond Seller' scontrol
21. CONFLICTING TERMS. In case of a conflict between these tams and conditions and those of a separate written contract signed by both Buyer and Seller, the written contract shall prevail.
22. REVIEW OF RECORDS. During the term of the purchase order/ agreement and for three years thereafter, City of Lathrop ( City) shall have the tight to review Seller' srecords, only for the purposes of verifying claims for payment and compliance with the terms and conditions ofthe purchase order/ agreement for at least three years after final payment.
23. OFFSETTING BILLS. City reserves the right to apply offsetting payments for goods and/ or services that are due against delinquent utility bills which are due City.
24. NON- EXCLUSIVE AGREEMENT. The purchase order is a non- earh, dve contract and City reserves the right to purchase same or like materials and/ or services from other sources as City deems necessary and appropriate. 78 Docusign Envelope ID: 48AB0D3C- F591- 473A- 9558- 8AE1F8CCC4C8 Thank you for choosing CDW. We have received your quote.
Hardware Software Services IT Solutions Brands Research Hub
QUOTE CONFIRMATION
TONY FERNANDES,
Thank you for considering CDW• Gfor your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer. Dieast km into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.
For all other customers, click below to convert your quote to an order.
This quote is subject to CDW' s Third Party Cloud Services Order Form Terms and Conditions set forth at
https: //www. cdwa.om/ cntent/ cdwq/ en/ terms- conditions/ third- paty- cloud- services- order- form -ter ins- and- conditions-. html
Convert Quote to Order
ACCOUNT MANAGER NOTES: Thank You.
QUOTE ! QUOTE DATE
10/ 21/025
QUOTE REFERENCE CUSTOMER S GRAND TOTAL
44, 592.9
IMPORTANT - PLEAS! READ
Special Imtructbnux
QUOTE DETAILS
ITEM QTY COWS UNIT PRIG! EXT. PRIG!
250 $ 62.1 $ 15, 652. 50
150
400
5 250
62.1 $ 9, 391. 50
3. 06 $ 1, 224. 00
955. 00 $ 4, 775. 00
4. 78 $ 1,95. 00
79 Docusign Envelope ID: 48AB0D3C- F591- 473A- 9558. 8AE1 F8CCC4C8 QUOTE DETAILS ( CONT.)
1 1
470
470
665. 99 $ 665. 99
0.0 $ 0.0
18.3 $ 8, 521. 10
6. 74 $ 3, 167. 80
These services are considered Third Party Services, and this purchase is subject to CDW' s Ih1r4 fjay& Services SQL unless you have a written agreement with COW covering your purchase of products and services, in which case this purchase is subject to such other written agreement.
The third -party Service Provider will provide these services directly to you pursuant to the Service Provider' sstandard terms and conditions or such other terms as agreed upon directly between you and the Service Provider. The Service Provider, not COW, will be responsible to you for delivery and performance ci these services. Except as otherwise set forth in the Service Provider' sagreement, these services are non - cancellable, and all fees are non- refundable.
L
PURCHASER sauna INPO
Billing Address:
CITY OF LATHROP
ACCTS PAYABLE
390 TOWNE CENTRE DR
LATHROP, CA 95330-58
Phone: (209) 941- 7200
Payment Terms: NET 30 -VERBAL
SUBTOTAL
SNIPPING
SALES TAX
GRAND TOTAL
DELIVER TO
Shipping Address:
CITY OF LATHROP
TONY FERNANDES
390 TOWNE CENTRE DR
LATHROP, CA 95330-358
Phone: (209) 941- 7200
Shipping Method: ELECTRONIC DISTRIBUTION
Please remit payments to:
COW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675- 1515
44, 592. 89
0.0 0.0
44, 592. 89
80 Need Help?
Docusign Envelope ID: 48AB0D3C- F591- 473A- 9558- 6AE1F8CCC4C6 Sales Contact Info
Tim Sharkey I ( 877) 881- 6919 I
timshar© cdwc.om
My Account Support CaII 800. 4239
About Us Privacy Policy I Terms and Conditions
This order is subject to CDW' s Terms and Conditions of Sales and Service Projects at htta:// vvww. cdwa.om/ content/ terms- concitlans/ Droduct- sa es. asox For more Information, contact a CDW account manager.
2025 CDWG LLC, 200 N. Milwaukee Avenue, Vernon HIIIs, IL 60061 1800. 808. 4239
81 PAGE LEFT
INTENTIONALLY
BLANK
82 ITEM 4. 7
CITY MANAGER' S REPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE THE NAMING OF CITY PARK
Adopt a Resolution to Approve of Naming the
Basin Neighborhood Park as Sonny Dhaliwal
Park
SUMMARY:
The City of Lathrop has historically recognized individuals who have made substantial contributions to the growth, identity, and well- being of the community. Basin Neighborhood Park, which is currently a public park without a formal name, has been identified to be formally named and recognized as Sonny Dhaliwal Park. Staff request that the City Council adopt a resolution to naming the Basin Neighborhood Park, Sonny Dhaliwal Park.
BACKGROUND:
During his longstanding public service, Sonny Dhaliwal led the City through a period of significant development, strengthened community and regional partnerships, and supported initiatives that advanced the quality of life for Lathrop residents. Most notably, he oversaw the successful formation and launch of the Lathrop Police Department, which increased local control, enhanced public safety services, and expanded community policing. Under his leadership, the City also experienced positive economic growth, major residential and commercial expansion, and improved municipal services.
Basin Neighborhood Park, located at the northeast corner of Woodfield Drive and Lathrop Road, is currently a public park without a formal name. Naming the park in honor of Sonny Dhaliwal would formally recognize his long and impactful service to the City of Lathrop and provide a lasting acknowledgement of his contributions.
RECOMMENDATION:
Adopt a resolution to approve of naming the Basin Neighborhood Park as Sonny Dhaliwal Park.
FISCAL IMPACT:
The fiscal impact of naming the Basin Neighborhood Park as Sonny Dhaliwal Park is 10,50, which includes a park sign, park monument plaque, and a grand opening celebration and ribbon cutting. Sufficient funds have been allocated in the Fiscal Year 2025-6
500 1010- 5- 80- 430- 26- 00).
budget ($ 8, 650 1010- 5- 80- 420- 75- 00, $1, 000 1010- 30-2- 430- 20- 00, 83 CITY MANAGER' S REPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
NAMING OF CITY PARK
ATTACHMENTS:
PAGE 2
A. A Resolution of the City Council of the City of Lathrop to Approve of Naming the Basin Neighborhood Park as Sonny Dhaliwal Park.
B. Park Location Map
84 CITY MANAGER' S REPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
NAMING OF CITY PARK
APPROVALS:
PAGE 3
1. Lo. to -Ls
Todd Sebastian Date
Director of Parks and Recreation
Cari Jame
Director o ' nance
020/ 9„3'
Date
II/ to /to t5'
Thomas Hedegard Date
Deputy City Manager
Michael King Date
Assistant City Manager
II•Zo•2S
Salvador Navarrete Date
City Attorney
11• Z4•• zc
Stephen J. Salvatore Date
City Manager
85 RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE OF NAMING THE BASIN NEIGHBORHOOD PARK AS SONNY
DHALIWAL PARK
WHEREAS, the City of Lathrop honors individuals who have made substantial and lasting contributions to the advancement, prosperity, and civic identity of the community; and
WHEREAS, Sonny Dhaliwal served the residents of Lathrop with integrity, dedication, and distinction for more than 21 years in public service, including 3 years as a Planning Commissioner, 6 years as a City Council Member, and 12 years as Mayor; and
WHEREAS, during his tenure, Mayor Dhaliwal provided steady and forward - thinking leadership during a period of significant growth and evolution in the City of Lathrop; and
WHEREAS, Mayor Dhaliwal successfully guided the City through the establishment of the Lathrop Police Department, strengthening community policing, enhancing public safety services, and ensuring greater local control over law - enforcement operations; and
WHEREAS, Mayor Dhaliwal' s leadership fostered positive economic development, increased local employment opportunities, and supported the expansion of both residential and commercial investment throughout the city; and WHEREAS, the City wishes to formally recognize and honor Sonny Dhaliwal for his many years of public service, dedication, and contributions to the City of Lathrop and its residents; and
WHEREAS, the Basin Neighborhood Park, located at the northeast corner of Woodfield Drive and Lathrop Road, is currently a public park without a formal name and is an appropriate location to recognize Mayor Dhaliwal' slong- standing service to the community; and
WHEREAS, approving the name " Sonny Dhaliwal Park" will provide a lasting
and meaningful tribute to his legacy and commitment to the City of Lathrop.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve of naming the Basin Neighborhood Park as Sonny Dhaliwal Park.
86 The foregoing resolution was passed and adopted this 10th day of November, 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 87 88
ITEM 4. 8
CITY MANAGER' SREPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A SERVICE CONTRACT WITH WEST COAST
ENERGY SYSTEMS, LLC. FOR GENERATOR
MAINTENANCE AND REPAIR SERVICES AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving a Service Contract with West Coast Energy Systems LLC for Generator
Maintenance and Repair Services and Approve
Budget Amendment
SUMMARY:
Electrical and fire water pump generators provide back- up power for all elements of the City' s utility infrastructure and are therefore critical to maintaining operation during electrical service outage.
The City needs to have a specialized generator maintenance repair service under contract to provide timely routine maintenance and both planned or emergency repairs ( Project).
The specifications for the Project were completed by staff and advertised for bid on November 19, 2025 and November 26, 2025 pursuant to bidding procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC)
2. 36. 060. The City Clerk received and opened eight ( 8) bids on December 2, 2025, all determined to be from responsible bidders. The bid results are summarized in Table 1 below:
Table 1
Contractor Total Bid
West Coast Energy Systems LLC 114, 70
Collicutt Energy Services, Inc. 134, 050
Bay City Electric Works 151, 459
Prime Power, LLC 155, 50
Got Power, Inc. 170, 270
Holt of California, Inc. 184, 510
Dynamic Generator Services, Inc. 198, 950
Powergen, Inc. 228, 433
Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be West Coast Energy Systems LLC Energy Systems) with a bid of $114, 70.
Staff requests that City Council approve a service contract for $ 114, 70 with Energy Systems for the generator maintenance and repair services. 89 CITY MANAGER' S REPORT PAGE 2
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A SERVICE CONTRACT WITH WEST COAST ENERGY SYSTEMS LLC
FOR GENERATOR MAINTENANCE AND REPAIR SERVICES AND APPROVE
BUDGET AMENDMENT
Staff also request City Council approve a budget amendment of $ 137, 000 for the routine maintenance, and planned and emergency repair services for the City' s generators, as detailed in the Fiscal Impact section of this report.
BACKGROUND:
During times of electrical service outages, the City' s 47 backup generators provide electrical and kinetic power for critical infrastructure such as pumping of waste, potable, storm and recycled water, delivery of water for fire -suppression, and delivery of electricity to power the City' s Supervisory Control and Data Acquisition ( SCADA) network and network communications. These large diesel - powered generators require extensive routine maintenance to minimize instances of failure when needed.
On the rare occasions that a generator cannot be started when needed or fails during use, on -call emergency and planned repair services are also included in the contract.
REASON FOR RECOMMENDATION:
The requested contract approval will provide scheduled routine maintenance and repair services, and emergency repair services within 2 hours. The proactive and reactive services provided by the requested contract are critical to the City' s consistent delivery of life -safety utility services.
FISCAL IMPACT:
The proposed service contract with West Coast Energy is for $ 114, 70. Staff also request City Council approve a budget amendment of $ 137, 000, as detailed below for the routine maintenance, and planned and emergency repair services for the City' s generators:
Increase Appropriation FY 2025-6
2510- 5- 20- 420- 75- 00 1, 000
2500- 5- 21- 420- 75- 00 17, 000
2570- 5- 63- 420- 75- 00 13, 000
2670- 5-5- 420- 75- 00 5, 000
2680- 5-5- 420- 75- 00 20, 000
5620--0- 420- 75- 00 65, 000
6010- 5- 30- 420- 75- 00 16, 000
ATTACHMENTS:
A. Resolution to Approve a Service Contract with West Coast Energy Systems LLC for Generator Maintenance and Repair Services
B. Service Contract with West Coast Energy Systems LLC for Generator Maintenance and Repair Services
90 CITY MANAGER' SREPORT PAGE 3
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A SERVICE CONTRACT WITH WEST COAST ENERGY SYSTEMS LLC
FOR GENERATOR MAINTENANCE AND REPAIR SERVICES AND APPROVE
BUDGET AMENDMENT
APPROVALS:
71„. eem„, 6QL lZ. 3.25
Steven Hollenbeak Date
Assistant Engineer
Brad Vaylor
City Engineer
i f —art G. J.
Cari James
Director of Finance
10/ ZvzS
Date
17/ v/ toZcDate
Thomas
r2/ y/ zotC—
Hedegard Date
Deputy City Manager
z • y• 2oaS
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Z• 14 • Z
Stephen J. Salvatore Date
City Manager
91 RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A SERVICE CONTRACT WITH WEST COAST ENERGY SYSTEMS LLC
FOR GENERATOR MAINTENANCE AND REPAIR SERVICES AND APPROVE
BUDGET AMENDMENT
WHEREAS, electrical and fire water pump generators provide back- up power for all elements of the City' s utility infrastructure; and WHEREAS, the City desires to obtain routine maintenance and repair services for these generators ( Project) to ensure their performance when needed; and WHEREAS, on November 19, 2025 and November 26, 2025, the City solicited bids for the Generator Maintenance and Repair Services contract pursuant to bidding procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, a total of eight ( 8)) bids were received and opened by the City Clerk on December 2, 2025; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be West Coast Energy Systems LLC ( Energy Systems) with a bid of $ 114, 70; and WHEREAS, staff request City Council approve a service contract with Energy Systems in the amount of $ 114, 70 for the provision of generator maintenance and repair services; and
WHEREAS, staff also request City Council approve a budget amendment of 137, 000, as detailed below; and
Increase Appropriation FY 2025-6
2510- 50- 20- 420- 75- 00 1, 000
2500- 5- 21- 420- 75- 00 17, 000
2570- 5- 63- 420- 75- 00 s13, 000
2670- 5-5- 420- 75- 00 5, 000
2680- 5-5- 420- 75- 00 20, 000
5620-- 420- 75- 00 65, 000
6010- 5- 30- 420- 75- 00 616, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approve a service contract with West Coast Energy Systems LLC in the amount of $ 114, 70 for the provision of generator maintenance and repair services; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment of $ 137, 000, as detailed above. 92 The foregoing resolution was passed and adopted this 8th day of December 8, 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 93 Attachment
SECTION 00500 s... 6_. a
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP
AND WEST COAST ENERGY SYSTEMS, LLC
FOR: GENERATOR MAINTENANCE AND REPAIR SERVICES
THIS SERVICE CONTRACT ( hereinafter " Contract") is made on December 8, 2025, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter City") and West Coast Energy Systems, LLC. (hereinafter " Contractor"), whose Taxpayer Identification Number is 88- 3026856.
For and in consideration of the following covenants, terms and conditions, City and Contractor the parties) agree:
SCOPE OF WORK
Contractor agrees to provide generator maintenance and repair services at any City facility within the City of Lathrop in accordance with the scope of work and bid provided by the Contractor, attached hereto as Exhibit " A" and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' ssatisfaction.
CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on a fixed fee for maintenance services and a time and materials basis for repair services not to exceed $ 114, 70 set forth in Exhibit " A", for provision of generator maintenance and repair services.
Contract rates shall remain fixed through June 30, 2026. Any request by the Contractor for contract price adjustment thereafter shall be substantiated by supportive documentation correlated to the State of California Department of General Services California Construction Cost Index ( CCCI), and in no case greater than 5% above existing rates. It is expressly understood that contract rate increases are not automatic nor guaranteed. All rate adjustment requests must be submitted in writing to the Project Manager no later than March 31st of the then -current contract term to be included in the following contract term, and will not go into effect until July 1st of that same year.
If considered, price adjustments due to an increase in said CCCI shall be calculated based upon the values for Februarys of the previous contract term and the then -current contract term.
TIME FOR PERFORMANCE
The effective date of this Contract is December 8, 2025, and it shall terminate no later than June 30, 2026 unless extended at the sole discretion of the City. 94 SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT This contract may be extended by the City at its sole discretion for up to three ( 3) additional two 2) -year terms as follows:
Optional Term 1: July 1, 2026 — June 30, 2028
Optional Term 1: July 1, 2028 — June 30, 2030
Optional Term 1: July 1, 2030 — June 30, 2032
The City shall notify the Contractor in writing of its intent to extend the contract by June 1 of the current contract term.
PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.
INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City. Should any such work be covered up without such notice, approval, or consent, it must, ifrequired by City, be uncovered for examination at the Contractor' s
expense.
NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party.
Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners:
Ifthe notice is given to the City, by personal delivery thereof to the City' s Director
of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s
Director of Public Works, postage prepaid
and certified;
If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' sBid postage prepaid and certified; or
95 SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT Ifthe notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property.
The safety provisions of applicable laws, building and construction codes shall be observed.
Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.
CONTRACTOR' SWARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.
APPRENTICES
The Contractor' sattention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6and 1777. 7of the California Labor Code.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division ofApprenticeship Standards and its branch offices.
Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars 100) for each calendar day of non- compliance pursuant to Section 1777. 7.
HOURS OF WORK
Eight (8) hours of work in any calendar day shall constitute alegal day' s work. The Contractor
and each subcontractor shall forfeit, as penalty to the City, twenty- five dollars ($ 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more 96 SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.
PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid 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 work.
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
A certified copy of the employee' spayroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the 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 the Contractor.
The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.
Any copy of records made available for inspection as copies and furnished upon request to the public or 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 97 SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT individual' sname, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.
The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the Contractor shall have ten 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.
Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.
PREVAILING WAGES
The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website ofthe Division of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www. dir. ca. gov/ dlsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' sprincipal place of business and at the Project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker 98 SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code.
The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, 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. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers'
sole cost
Compensation.
and expense, maintain
CONTRACTOR
Statutory
shall,
Workers'
at CONTRACTOR' S
Compensation
Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0) each accident, one million dollars ($ 1, 000,00) by disease -policy limit, and one million dollars ($ 1, 000,0) by disease -each employee. In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of selfinsurance is provided, shall waive all rights ofsubrogation against the CITY for loss arising from work perfoiiued under this Agreement. b)
own
Commercial
cost and
General
expense,
Insurance.
shall maintain
CONTRACTOR,
commercial general
at CONTRACTOR' S
liability insurance
for the period covered by this Agreement in an amount not less than one million dollars per occurrence ($ 1, 000,0), two million dollars 2, 000,0) general aggregate, and one million dollars ($ 1, 000,00) products and completed operations aggregate limits coverage for risks associated with the work contemplated by this Agreement. The general aggregate limit shall apply separately ( per project or location) to the work to be performed under this Agreement or the general aggregate limit shall bedoubled. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including 99 SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT 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 ( ISO) Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as additional insured using ISO endorsement forms CG 20 10 and CG 20 37 ( or equivalent) with respect to each of the following: liability arising out of activities performed by or on behalf of
CONTRACTOR, products and completed operations of
CONTRACTOR; premises owned, occupied or used by
CONTRACTOR.
ii) The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
iii) The insurance shall cover on an occurrence basis, and not on a claim made basis.
iv) 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.
v) Coverage shall state that CONTRACTOR' Sinsurance 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. vi) Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
vii) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.
c) Automobile
own cost and
Liability
expense,
Insurance.
shall maintain
CONTRACTOR,
automobile liability
at CONTRACTOR' S
insurance for the
period covered by this Agreement in an amount not less than one million dollars ($ 1, 000,00) each accident limit coverage for risks associated with 100
SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily injury, including death resulting therefrom, and damage to property resulting from use of owned, hired, and non -owned automobiles.
i) Coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered and endorsed as additional insured.
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.
iii) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII. ,
c) Notice of Cancellation. Each required insurance policy shall be endorsed to state that coverage shall not be cancelled, reduced, limited, or materially affected in any other manner 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.
If a carrier will not provide the required notice, the CONTRACTOR shall provide written notice to the City no later than five ( 5) business days before policy modification or cancellation.
d) Deductibles and Self -Insured Retentions. CONTRACTOR 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 CITY Manager, CONTRACTOR may increase such deductibles or self - insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self -insured retention levels upon a
requirement that
CONTRACTOR procure a bond guaranteeing payment oflosses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
101
SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT e) In addition to any other remedies CITY may have if CONTRACTOR 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 CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' Sbreach.
INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s
noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.
This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be 102
SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT curtailed and limited but only to the extent necessary to bring it within the requirements of the law.
If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.
COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.
Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.
INTERPRETATION
The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract.
In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.
APPLICABLE LAW
The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California.
In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
103
SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT
SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
Approved as to Form: City of Lathrop
City Attorney
Salvad avarrete
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved By:
Contractor:
1' z --y' zr
Date
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
NAME
ADDRES S
CITY, STATE ZIP
Fed ID #
Lathrop Business License #:
Signature Date
Print Name and Title
Signature Date
Print Name and Title
104
EXHIBIT
A
SECTI
ON00300
G
ENERATOMARINTENAN CEAND
REPAI
R
SERVICES
GENER
ATOR MAINTENANCE
AND REPAIR
SERVICES
BASE
BID
SCHEDULE
I. ROUTINE
A
NNUAL
MAINTENAN CEF
GE
RSORNERA TO
1 Facility
Address Make
Model
8 /
Siz
e
Serial #
Ana
eal
Maintenance
Load
Bank
Test
1 LAWTF
Genset 2112
E
Louise ast Ave nue Caterpillar
900kw
2F106
y/
a
r0
2 Well
G
enet
15926
Park
Street
Olympian Y
100kW
2013022
7 It
Al ?
3 Well
7 Genset
15800
South
Fifth
Street
Caterpillar
3208
29A02329
I
e
to •
00 y/
7 air4
Well
8 G
enset
2444
East
uis Lo
e
Avenue Onan 150kW
A920442585
9 73 • 1012
i' f
5 1
Well
Gen9
set
17550
Shideler
Parkway
Onan
150kW
14930516510 3•
s
yr
6 Well
10 G
enset
17440
Shideler
Parkway
Geaerac
250kW
9757736
I,
0 S •
N
yp
7 2
We7
ll
21Genet
18421
McKinley
Ave nue Generac
350kW
2076408 iJ
Me1S•
51D •
75—
8 BPS
I
Genset
802
3 Street
Cummins
125kW
2020023
1 187', ' "
o
Vt.... y
9 BPS
Fire1
Pump
802
J
Street
C
ummins
4BT- 3 .
9 44167360
10 BPS
2 Fire
Pump
1830
Howla
ndRoad
Cummins
6BTA5. 9
44838951
11 B
PS
3 O
man
13711 TracywoodA
venue
Onan
125kW
6990942975
17 $•
4 12
BPS
3 Fire
Pump
13711
T
racywood
Avenue
Caterpillar
3306
64228302
d
et0
13 BPS
4Genset
18151
South
Mmthey
Road
K
ohler
400kW
2084562
Si
4' 7,
1O
5 O •
7 14
BPS
6 Genset
15117
Stanford
Crossing
Generic
600kW
2093588
1 I $ ''''
4 W." '
15 I. MainR
19150
Cirrus
Court
Generic
MD
1000
2016109579
3 •
4 76
76'' '° 1.
16 Gateway
Genre
3540
West
Y
osemite
Avenue
Cummins
CI00D6C
100kW A220026609
71/'"
2g7 "
17 CallertonWWPS
17340
Caperton
Blue
Star
VD200- 02F4T
113046- 1
440904 . .
lie
7 as
18 Mossdale
Genset
703
River
Islan
dsParkway Kohler
80kW
P44045H344864
7 // •
0/
I '
19 River
Islands
Main
WWPS 1
19150Cr
rusCL ' ' Geterac
500kW
2016109579
j!
st
76•„
5 1D •
Br
Riv
20 Islaner
ds
Main
2 WWPS
19150
Cirrus
CL
G eneric
500kW
2016109581
3 Y .
aN
C
1D
s
r
21 River
Islands
2A
G
enset
2902
H
emswotth
Court
Generic
100kW
3002018851
i // •#
5 c°
22 CTF
18800 Christopher
Way
Caterpillar
C32
3S303317
9 f
If •"
a1J '
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Nd
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23 CTF
18800
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hristopher
Way Ca
terpillar
3412
BCW00786
17 24
CTF
18800Christopher
Way
K
oehler
180kW
355374
0 1
v
25 Harlan
Rd.
G
enset
11800
South
H
arlan
Road
G en
eric
100kW
3002018847
7// •
N
26 McKinley
Av.
Genset
16099
McKinley
Avenue Ko
hler
100kW
PE4045T208182
III
247"
27 Woodfield
G
enset
14855
Wo
odfield
Drive
K
ohler
50kW
5031801690
G
y
8 ''
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ft{',
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28 O
Street
980
O
Street
Katolight
215kW
127533- 0606
1 g
o
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7 5
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Yard80
Gar
kW
et- Portable
2112
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uise
Av
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ohler
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PE4045T208182
71) •"
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f"
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orp
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ard200
kW G Poonerrtable
2112
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Kohler
200kW
685474
1!1 '
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31 Crossroads
SDPS #
1 18400
Sou
th
H
arlan
Ro
ad
Ca
terpillar
3406
6TB12082
It
32 Crossroads
SDPS #
2 18400
South
H arlan
Road
Caterpillar
3406
6TB
12083
1 7
33 C ro
ssroads
SDPS #
3 18400
South
H
arlan
R
oad
Caterpilla
r
3406
6TB12094
7$ • y/
01 34
Ml
Genset
16130
Sheltered
Cove
Kohler
500kW
2078558
1 ,
a(
7 $
75/ 11.
35 M2
Genset
700
Towne
Centre
Driv
Generic
230kW
2079823
12. oft
Ar
36 Ge
M3
nset
17150
Cobblecreelt
Way
Ko
hler
800kW
2057094
A
H
l •
r,
7 r<
7 3 '
105
G
REPA
Golden
Ko
r
G
Pa
Kato
e
0 G
en
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G
S
Stanfo
C
G
Stan
G
i1
da
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4 Ston
G
Trave1
rt
GenS
er
25 207
4 L4d
q
17 2
6 44
South
Lathrop
5120 AvYosemite
enue
Generac
800kW
3004476954
a
Lq1 .
753.
76 6' 3
1.'
4117 •
ac -
2. 4f. `
es -
1t5•
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City
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all
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wne
Centre
Caterpillar
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P
y
jSO£
7-
L1
46 Lathrop
Police
Dept
940 IslanRiver
ds CuPkwy. C175D6Dmmins
D200755005
2 79 •".
3 Nf. "
46-. Z`
57D
12 47
Community
Ctr400
Ge
kW
nsetPortable
Lo2112 Ave.uise
Doosan
400kW 495888UTAD
H14
4., L'
7t5 °•
1. ANTOTALNCE
MAINTENA NUALROUTINE S
83 ,
LA2.
BOR
RATES
ITEM
D
ESCRIPTION
UNITS
HOURLY RATE
HOURSCOS
EXAMPLE EXAM
LE1
Labor
R
ate
8:AM — 00
5: 00Mon. — PM
Fri.
MAN- T3R
73 •?
D
100
7`
3 7(7/ 1
2Rate — Labor
After
Hours,
Sat., &
Sun.
MAN
n
y
20 t •
y /
J
i
f (!
2. TOTAL
LABOR:
S
da3,
L
6O
4d
3. MARKED -
UPCOST PARTS ITEM DESCRIPTION
UNITS
RATE
EXAMPLE PARTSOST C
EXAMPLE
MARKE
UP
PARTS
COST
1 Marked -
Up
Parts
Cost
l'3$'
30, 000
38,, to
0• DL
3. TAL TO
MAR KED -
UP
S
PARTS:
8, yfo-° D
TOTAL
BASE
BID (
ITEMS
1+2 +
3): $
731
G
T
OTAL
B
ASE
BI
IND
WOR
DS::`'
AZMt(
L
PNAW24m4E,
ilgagep%- ftwnec
300300-
106
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
INFORMATION REQUIRED OF BIDDER
The Bidder shall furnish the following information. This information is considered essential in enabling the Project Manager to determine if the Bidder is experienced in similar types of work and ifthe Bid is based on a careful study ofmethods applicable to the work and full realization of the various factors which, may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' s name and address:
2)
3)
LC` WERGy SYYS76rnS
7100 s. LOn4E S- i_ S - kw, CP ysa0(o
Bidder' stelephone number: 800 — gyS' Rsl
Bidder' semail address: SaWc6SRt+; S@ 6N64415Xisims, n, 4) Bidder' sContractor' sLicense # / Expiration Date / Classification:
5)
1- n1953Q -r
jI&iJa41 ca_
Bidder' s DIR Registration # / Expiration:
0n( ii s0`/ 0
6) Person who inspected site ofproposed work for Contractor' sfirm:
NOT APPLICABLE TO THIS SOLICITATION
7) List 5 current or recent projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
Gensr 4A -o (` Y114U) fs0144dt
infil " l"`O" Ly
n
L k
coed ' 1 c.s s / yonyco Fw4s - SDS" FhedMm,
vis wg. 0' nal1 QanrLLG.. sr! -441/ -dba6S'
c. ne t.r i i nt. e., ne;'
whiny • xhs(. o+;. , yeAfiy ss I
cagy of amy. 1r eloolf
AO Si 6 A7 fl' 19eJ° oaf
cn, Inn" Clat b m &to w iOS-'. 4 - $ 267
6. 00... Ae. wmirtcwcn ..
roar ' M , Ynsp•+ ron " 5
aimplieLy Iv g
SS 3 o,.. t, 0, eve yofoe use. tow (woof, c r
t6. 3so rte, i An2 h an do ao i •.181- 0,7
14611+ y ,
d, cne,,. 4-or,
Zne; Pte4iue ,
rvi4entens, Y
13 K
Mel teal Watte i €.+4, 6,1 'moo Losis' ht D .
S4Cafell CA, 9SZIS Levi Ponv ' Mai 'NW
Gourd' ors rvK; oto* c1.
tcsn. 5 ,10$ 1144 ' ar` l , r5 45
esniY, 6iow i3fl P' desen taw), S4eftNlmto, GA
4o9g/ q5116-, ' TomCot- borN ' 114 - far
00300- 4
107
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price or ten thousand dollars ($ 10, 000), whichever is greater. Shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4104 of the Public Contract Code.
After the opening ofbids, 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.
Work to be
Performed Subcontractor
Name
Subcontractor
Address
California
Contractor' s
License No.
DIR No. Percent
of Work
Note: Attach additional sheets ifrequired.
00300- 5
108
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
ADDENDA
Bidder certifies he reviewed ARC Stockton' swebsite for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
Respectfully submitted,
11 - Z 5- 2_025' IATEAr c o, f $ ofiT S'( Sysliel s
Dated Legal Name of Firm
ignature of Authorized Representative
Seal)
If Bidder 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.
6o 1past 5 -
ALA CI 414 ( iA. ' 311M - 025157
14, 4, 6 CottAA
00300- 6
109
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
NON -COLLUSION AFFIDAVIT
STATE OF
SS.
COUNTY OF
7141 £ 6a , being first duly sworn, deposes and says that he or she is of 4j/. C . L- rY SV6ieinsthe party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe bidder or any other bidder, or ofthat of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a coil or s13a bid.
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfullness,
accuracy, or validity of that document.
St re of: President, Secretary,
Manager, Project Manager or Representative
The County of So. n
Soarl. 3r
State of (.. a\-%
Subscribed and sworn to ( or affirmed) before me
on this 0
day of , 20 XS-, by
Tan•' j
ULLL Carson , proved to
me on the basis of satisfactory evidence to be the
persons) who appeared before me.
Seal
Signature
RIKKI DE LEON
Notary Public - California I
San Joaquin County 0
Commission 12429894 r
My Comm. Expires Dec 9, 2026
00300- 7
110
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty ofperjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No '
1 If the answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one fmal unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' sfailure to comply with an order of a federal court which orders the Contractor to comply with an order ofthe National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
00300- 8
111
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
AFFIRMATIVE ACTION PROGRAM CERTIFICATE
The Bidder hereby certifies that Bidder is in compliance with the Civil Rights Act of 1964, Executive Order No. 11246, and all other applicable Federal and State laws and regulations relating to equal opportunity employment.
BIDDER - LJ r C m A- S ?' if / G 4{ S Y 5 / K s L L. C. 2_/ vl ZoS
Bidder' sName:
Signature)
Date)
1145 Ce. 4-57 ag,, ed- y S')/ reitic
Address: 7/ P0 5 /.- 04 6c s -r goo
5 - iv C4 9 s2a,
The above certification of the Bidder regarding its affirmative action program shall be filled out completely, signed, and submitted by each Bidder and shall be a part of the Contract Documents.)
END OF SECTION)
00300- 9
112
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
SUBMIT WITH BID
Pursuant to Labor Code sections 1725. 5and 1771., all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
See https:// www. dir. ca. gov/ Public- Works/ PublicWorks. html for additional information.
No bid will be accepted nor any contract entered into without proof ofthe contractor' sand subcontractors' current registration with the Department ofIndustrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725. 5and 1771. and is currently registered as a contractor with the Department of Industrial Relations.
Name of Bidder: JE. y , cki
DIR Registration Number: , 01c) r7 Li a.
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration ofthe project.
2. Bidder shall include the requirements of Labor Code sections 1725. 5and 1771. in it contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any ofthe above requirements may result in a finding that the bid is non -responsive.
Bidder' sSignature:
Bidder' sName and Title: , L 22t/(/ V /Af6 -----
Firm: W4Sr Cogs r iE4Ct e y
S 5rgNlS
Date: 1 a , 1
END OF DOCUMENT)
00300- 1
113
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
CERTIFICATION OF DRUG -FREE WORKPLACE REQUIREMENTS
BIDDER CERTIFICATIONS
1. The Bidder certifies that it will or will continue to provide a drug -free work place by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder' swork place and specifying the actions that will be taken against employees for violation of such prohibition:
1. Making it a
requirement that each employee to be engaged in the performance of the contract be given a
copy of the statement.
2. Notifying the employee in the statement that, as a condition of employment under the Contract, the employee will:
a. Abide by the terms of the statement.
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the work place no later than 5 calendar days after such conviction:
1) Notifying the Owner in writing within 10 calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
2) Taking 1 ofthe following actions, within 30 calendar days of receiving notice, with respect to any employee who is so convicted:
a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of Federal and State law.
b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement, or other appropriate agency.
c) Notify the employee that in the event of a major accident/ incident resulting in loss of life, injury or damage to the facility, or equipment, all personnel involved shall be required to submit to substance testing as soon as possible after the incident, but not more than 4 hours after the incident.
00300- 11
114
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS B. Establishing an ongoing drug -free awareness program to inform employees about:
1. The dangers of drug abuse in the work place.
2. The Bidder' spolicy of maintaining a drug -free work place.
3. Any available drug counseling, rehabilitation, and employee assistance programs. The penalties that may be imposed upon employees for drug abuse violations occurring in the work place.
C. Making a good faith effort to continue to maintain a drug -free work place through implementation ofthe requirements stated in this Document.
WORK LOCATIONS
1. The Bidder acknowledges that the performance of work done in connection with this Contract will occur at the location( s) listed and / or described below:
Anywhere within the City Limits of the City of Lathrop
BIDDER
Signature) '
Date)
00300- 12
115
PAGE LEFT
INTENTIONALLY
BLANK
116
ITEM 4. 9
CITY MANAGER' SREPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASE OF PRECAST BIKE LANE
DIVIDERS FROM SEMA PRECAST FOR SPARTAN WAY
TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-O
RECOMMENDATION: Adopt Resolution to Approve the Purchase of Precast Bike Lane Dividers From SEMA Precast for the
Spartan Way Traffic Safety Enhancements, CIP PS
26-O
SUMMARY:
On October 13, 2025, City Council approved the creation of Capital Improvement Project ( CIP) PS 26-0 for the Spartan Way Traffic Safety Enhancements ( Project) to improve bicycle and pedestrian safety along Spartan Way near Lathrop High School.
Staff request City Council approve the purchase from SEMA Precast for a total cost of $ 195, 225 for the precast bike lane divider units in preparation for the construction phase of the Project.
BACKGROUND:
On October 13, 2025, City Council approved the creation of CIP PS 26-0 to improve bicycle and pedestrian safety along Spartan Way near Lathrop High School.
The lead time for the precast bike lane divider units is roughly 13 weeks therefore, staff is requesting Council approve the purchase of these units so the Project can be constructed while students are on spring break. SEMA Precast is the sole manufacturer of the precast bike lane divider units in accordance with Lathrop Municipal Code ( LMC) 2. 36. 110. Staff received a quote for the proposed product in the amount of $ 195, 225 for precast bike lane divider components including the 10 - foot long straight units, 4 -foot long male and female end units, steel anchor pins, and delivery, all of which are necessary components for installation ( see Attachment A
B„)
The bid solicitation package with plans and specifications for the placement of the dividers and other components of the Project was advertised on November 22, 2025 and November 28, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060. Due to the Project' slocation, construction will occur during the Spring Break and Administrative Closure of Lathrop High School in March 2026.
Staff request City Council approve the purchase from SEMA Precast for a total cost of $ 195, 225 to provide the SAFE - T Lane Bike Lane Dividers and components for the construction phase of the Project.
117
CITY MANAGER' S REPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF PRECAST BIKE LANE DIVIDERS FROM SEMA PRECAST FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26- 20 PAGE 2
REASON FOR RECOMMENDATION:
The proposed improvements will encourage bicyclists and users of other high- speed devices to utilize the bike lane in the vicinity of Lathrop High School, improve the safe school route for Lathrop High School students, and calm traffic on Spartan Way.
The proposed purchase approval would allow the Project to move forward with the construction phase of the Project.
FISCAL IMPACT:
The purchased products from SEMA Precast listed in Attachment " B" has a cost of 195, 225. Sufficient funds were allocated in the approved Fiscal Year ( FY) 2025/6 budget for CIP PS 26-0; therefore, no budget amendment is needed.
ATTACHMENTS:
A. Resolution to Approve the Purchase of Precast Bike Lane Dividers From SEMA Precast for the Spartan Way Traffic Safety Enhancements, CIP PS 26-0 B. SEMA Precast Bid Proposal
118
CITY MANAGER' SREPORT PAGE 3
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF PRECAST BIKE LANE DIVIDERS FROM SEMA PRECAST FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26- 20 APPROVALS:
Vero ca Albarran
12/ 2/ 101, c
Assi tant Engineer
rac1/ Taylor
City Engineer
Car Jam
Finance D actor
Date
Date
7Mecyz, 5
p- blApv3
Date
F, oCk
I2. 2 • ZoZs
Thomas Hedegard Date
Deputy City Manager
12. 2.ozS
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
tA
Stephe . Salvatore Date
City Manager
119
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE THE PURCHASE OF PRECAST BIKE LANE DIVIDERS FROM SEMA
PRECAST FOR THE SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0
WHEREAS, on October 13, 2025, City Council approved the creation of Capital Improvement Project ( CIP) PS 26-0 for the Spartan Way Traffic Safety Enhancements ( Project) to improve bicycle and pedestrian safety along Spartan Way near Lathrop High School; and
WHEREAS, due to the Project' slocation, construction will occur during the Spring Break and Administrative Closure of Lathrop High School in March 2026. The lead time for the SAFE - T Lane Bike Lane Divider requires the City to purchase the precast bike lane divider units and furnish them for the bid solicitor; and WHEREAS, SEMA Precast is the sole manufacturer of the SAFE -T Lane Bike Lane Divider that incorporates the patent -pending Slip - Lock Connection system in accordance with Lathrop Municipal Code ( LMC) 2. 36. 110. Staff received a quote for the precast bike lane divider components in the amount of $ 195, 225 for 10 -foot Tong straight units, 4 -foot long male and female end units, steel anchor pins, and delivery, all of which are necessary components for installation; and WHEREAS, staff request City Council approve the purchase from SEMA Precast for a total cost of $ 195, 225 to provide the SAFE - T Lane Bike Lane Dividers and components for the construction phase of the Project; and WHEREAS, sufficient funds were allocated in the approved Fiscal Year ( FY) 2025/6budget for the construction of the Project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the purchase from SEMA Precast for products listed in Attachment " B" of the City Manager' s Report that accompanied this Resolution, for an amount of $ 195, 225.
120
PASSED AND ADOPTED by the City Council of the City of Lathrop this 8th day of December 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas
City Clerk
Salvador Navarrete
City Attorney
121
ATTACHMENT
S
r' 'recas : r• •roposa
14585 Brighton Road, Brighton, CO 80601
Phone: (303) 654- 1788
Project: City of Lathrop, CA !\
Client: Veronica Albarran `- 1LNLl LU (
Date: 11/ 21/025 BEE LANE DIVL ER
Prepared: Tyler Brookhart '
REVISION # 1 11/ 21/025 PRECAS"F
ITEM NO. BID ITEM QTY UNITS UNIT PRICE EXTENSION
10 SAFE -T Lane Barrier - Straight 301 EA 480. 0 144, 480. 0 20 SAFE -T Lane Barrier - Female End 12 EA 228. 00 2, 736. 00 30 SAFE - T Lane Barrier- Male End 12 EA 228. 00 2, 736. 00 40 Steel Anchor Pins 337 EA 29. 00 9, 773. 00
50 2 Ton Lifting Clutch ( If needed) 2 EA 500. 00 1, 000. 60 Frei • ht to 1 Sta • in • Location On l 12 LD 2 875. 00 Total Bid =
34 500. 00
195, 225. 00
3, 106LF Quoted $ 63. 08/ LF
Due to Raw Material Price The Prices Stated on This Proposal are Valid for 30 Days Only from the Date Listed at Top of Quote - Volatility,
Must Be Issued to SEMA Precast Within 30 Da s in Order to Lock In Raw Material Prices Purchase Order/ Contract
Conditions, Inclusions, & Exclusions of Bid Proposal
SAFE -T Lane Precast Bike Lane Divider
INCLUSIONS:
Straight SAFE -T Lane Barrier - 1'- 6" Wide x 1'- 6" TaII x 10'- 0" Long Consisting of:
Black ( Uncoated) ASTM A615 Grade 60 Reinforcing Steel for Internal Reinforcing Steel Black (Uncoated) ASTM A572 Grade 50 Steel for External Male & Female SlipLock Connectors Between Barrier Units 5, 000 psi ( min.) CDOT Class S- 35 Concrete in Standard Concrete Grey Color 2) Lifting Points in Top of Barrier Unit
1) Drainage Slot in Bottom of Barrier Unit
Male & Female End SAFE - T Lane Barrier - 1'- 6" Wide x 1'- 6" Tall x 4'- 0" Long Consisting of:
Black ( Uncoated) ASTM A615 Grade 60 Reinforcing Steel for Internal Reinforcing Steel Black (Uncoated) ASTM A572 Grade 50 Steel for Extemal Male/ Female SlipLock Connectors Between Barrier Units 5, 000 psi ( min.) Concrete in Standard Concrete Grey Color 1) Lifting Point in Top of Barrier Unit
Anchor Pins - Consisting of:
Black ( Uncoated) ASTM A449 Grade 60 Steel Pin for Pinning Barrier to Roadway Surface ( Shipped Loose & Installed by Others in the Field) FOB Jobsite to 1 Staging Location Only ( Unloaded by Others) Full Truckloads Only. Delivery of Barriers to 1 Staging Location Only & to be Unloaded by Others Unloading Time 1 Hour, $150. 00 per Hour Backcharge After 1 Hour (Waiting Time) SEMA Precast Will Store a Maximum of 200 Barriers in its Yard for up to 3 Months. Additional Barriers to be Stored at Another Site at the GC' s Expense
0. 15 Monthly Storage Fee per SF/ LF for Precast Products in SEMA' s Precast Yard 90 Days Beyond Current Job Schedule at the Time SEMA Begins Fabrication of each Product
Shop Drawing of Precast SAFE -T Lane Barrier
EXCLUSIONS:
Installation & Unloading
Design & Supply of: PE -Stamped Shop Drawings & Calcs, Engineering Design of: Barriers to Withstand Traffic Impact, MASH Testing, Crash Testing, Connection Testing of Any Kind Design & Supply of: Epoxy Reinforcing Steel, Galvanized Reinforcing Steel, Chromium Reinforcing Steel, Stainless Steel Lifters Design & Supply of: Fibermesh Concrete
Any Onsite Representation/ Consultation
Supply of: Lifting Clutches, Rigging Hardware, Contractor Embeds, Connection Materials, & Loose Erection Materials Supply & Install of: Graphics, Reflectors, Saddle Brackets, Concrete Sealers, Concrete Coatings Supply of: Stained Concrete, Integral Color, Painted Concrete, or Colored Concrete Any & All Liability Including but Not Limited to: Any Harm to Personal Property, Vehicles, etc. or Personal/ Physical Injury of Any Kind as a - Result of Any Interaction with Barriers Once Received/ Offloaded at Jobsite/ Yard Delivery of Barriers to Multiple Locations
Weekend & Weekend Night Deliveries ( If Nights, Weekends, or Weekend Night Deliveries are Required, Additional Cost will Apply) Jobsite Cleaning, Patching, Sandblasting, Grouting, Caulking, Sealants, Stain, Paint, Coatings, Geomembrane, and Anti -Graffiti Applications Warranty, Retainage, Bonds, & Sales Tax
NOTES:
Precast Quantities & Proposal Based on email correspondence Lead Times:
Reinforcing Steel Lead Time: Approx. 4- 5 Weeks
Casting Days: 16 Business Days to Cast All Curbs ( After Receipt of Reinforcing Steel and Executed Purchase Order) Casting Schedule: Estimated Earliest Date to Begin Production is Aug -Sept 2025 ( Subject to Change Based on Receipt of Purchase Order) Capable of Casting Approx. 40 Curbs/ Week
Straight Curb Weight: Approx. 1, 689 lbs. Each
Male/ Female Curb Weight: Approx. 723 lbs. Each
One Week Advanced Notice ( Min.) Prior to Any & All Deliveries, Delivery Reschedules, or Delivery Cancellations Customer to be Invoiced Monthly for Curbs Shipped that Month. Sales Tax May be Applicable. No Retainage Payment Terms are Net 30, 1.5% Interest per Month Charged to Overdue Amounts SEMA Precast maintains ownership of all design performed by precast engineers, use of design by others is expressly forbidden Freight Charges are Subject to Fuel Surcharges as Stipulated by the Federal Government Department of Energy Regional Fuel Price Index Signature of Acceptance: Date:
Printed Name: Position:
122
ITEM 4. 10
CITY MANAGER' S REPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A CONSTRUCTION CONTRACT WITH
CERVANTES LANDSCAPE SERVICES, INC. FOR THE
MEDIAN FENCE ASSOCIATED WITH SPARTAN WAY
TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0
RECOMMENDATION: Adopt Resolution Approving a Construction Contract with Cervantes Landscape Services, Inc. for the
Median Fence associated with Spartan Way Traffic
Safety Enhancements, CIP PS 26-0
SUMMARY:
On October 13, 2025, City Council approved the creation of Spartan Way Traffic Safety Enhancements, Capital Improvement Project ( CIP) PS 26-0 to improve bicycle and pedestrian safety along Spartan Way near Lathrop High School.
The plans and specifications for the construction of a fence in the median of Spartan Way ( Project) were completed by staff, and advertised for bid on November 20, 2025 and November 27, 2025 pursuant to Bidding Procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060. The City Clerk received and opened three ( 3) bids on December 2, 2025, all determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results -Spartan Way Median Fence, CIP PS 26-0 Contractor Total Bid
Cervantes Landscape Services, Inc. 294,25
Westside Landscape & Concrete, Inc. 317,27
Golden Bay Fence Plus Iron Works, Inc. 641, 802
Based on the review and evaluation of the bids, the lowest responsible bidder for the Project was determined to be Cervantes Landscape Services, Inc. (CLS) with a bid of 294,25.
Staff request City Council approve a construction contract with CLS for the construction of the median fence in the amount of $ 294,25. Staff also request City Council authorize a 20% construction contingency of $ 58, 845 and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project for a total Project construction cost not to exceed $ 353, 070.
Sufficient funds were allocated in the approved Fiscal Year ( FY) 2025-6 budget to award the contract.
123
CITY MANAGER' S REPORT PAGE 2
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH CERVANTES LANDSCAPE SERVICES, INC. FOR THE MEDIAN FENCE ASSOCIATED WITH SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0
BACKGROUND:
Spartan Way Traffic Safety Enhancements Project CIP PS 26-0, was created to improve bicycle and pedestrian safety along Spartan Way near Lathrop High School.
In addition to this fence project, the overall improvements include: a raised crosswalk with pedestrian activated flashing lights near the skate park entrance; and a bike lane with concrete barrier and associated restriping to accommodate the bike lane and narrow the vehicular lanes.
The Project consists of the construction of a 4 foot tall steel fence in the median of Spartan Way, from Golden Valley Parkway to Stanford Crossing, to encourage the use of signal -controlled crosswalks. Additional improvements include extending existing segments of decomposed granite fines to provide a clean surface for fence installation. Minor removal of plant material and restoration of irrigation and control wiring are included in the contract.
REASON FOR RECOMMENDATION:
The proposed improvements will encourage pedestrians to use designated crosswalks when crossing Spartan Way near Lathrop High School. The fence' s placement and surrounding conditions will minimize impacts on median landscape maintenance, and the its color will match existing light poles and traffic signal poles in Central Lathrop.
FISCAL IMPACT:
The proposed construction contract with CLS is for $ 294,25. A 20% construction contingency is requested in the amount of $ 58, 845 for a total construction cost not to exceed $ 353, 070.
Sufficient funds were allocated in the approved Fiscal Year ( FY) 2025/6budget for CIP PS 26-0 to award the contract; therefore, no budget amendment is needed.
ATTACHMENTS:
A. Resolution to Approve a Construction Contract with Cervantes Landscape Services, Inc. for the Median Fence Associated with Spartan Way Traffic Safety Enhancements, CIP PS 26-0
B. Construction Contract with Cervantes Landscape Services, Inc. for the Median Fence Associated with Spartan Way Traffic Safety Enhancements, CIP PS 26- 20 124
CITY MANAGER' SREPORT PAGE 3
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH CERVANTES LANDSCAPE SERVICES, INC. FOR THE MEDIAN FENCE ASSOCIATED WITH SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0
APPROVALS:
erg 7/ cri- egt71.. aezi-/ L 2,. 1.5
Steven Hollenbeak Date
Assistant Engineer
iz/ 7// mss
Brad Saylor Date
City .?
Cari Ja Date
24/ gov- s
Director . t ance
Thomas Hedegard Date
Deputy City Manager
Michael King
Assistant City Manager
z•Li* zozs
Date
3. Lo 2-S
Salvador Navarrete Date
City Attorney
1z• 4•2S
Step n J. Salvatore Date
City Manager
125
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A CONSTRUCTION CONTRACT WITH CERVANTES LANDSCAPE SERVICES, INC. FOR THE MEDIAN FENCE ASSOCIATED WITH SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0
WHEREAS, on October 13, 2025, City Council approved the creation of Spartan Way Traffic Safety Enhancements, Capital Improvement Project ( CIP) PS 26- 20; and
WHEREAS, on November 20, 2025 and November 27, 2025, the City solicited bids pursuant to Bidding Procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060 for the construction of a steel fence and ancillary improvements in the median of Spartan Way ( Project); and WHEREAS, a total of three ( 3) bids were received and opened by the City Clerk on December 2, 2025; and
WHEREAS, upon review and evaluation of the bids, the lowest responsible bidder for the Project was determined to be Cervantes Landscape Services, Inc. (CLS) with a bid of $294,25; and
WHEREAS, staff request City Council approve a construction contract with CLS in the amount of $ 294,25for the construction of the Project; and WHEREAS, staff also requests that City Council authorize a 20% construction contingency in the amount of $ 58, 845 and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project for a total Project construction cost not to exceed $ 353, 070; and
WHEREAS, sufficient funds were allocated in the approved Fiscal Year ( FY) 2025/6budget for the construction of the Project; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to CLS for the construction of the Median Fence Associated with Spartan Way Traffic Safety Enhancements, CIP PS 26- 20 for a cost of $294,25; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 20% construction contingency of $ 58, 845 for a total cost not to exceed $ 353, 070for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 126
The foregoing resolution was passed and adopted this 8th day of December 8, 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 127
Attachment
SECTION 00500 ab • A
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
CONSTRUCTION CONTRACT
This Contract, dated December 8, 2025, is entered into by and between the City of Lathrop City"), a municipal corporation of the State of California ( City), and Cervantes Landscape Services, 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 SPARTAN WAY MEDIAN FENCE, CIP PS 26-0 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the construction of approximately 3, 000 lineal feet of 4' height tubular steel fencing, and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 60 Working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 294,25
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 Cervantes Landscape Services, Inc. on December 2, 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.
128
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements effecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' 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 129
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 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 perfoiiiiance 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 Rec uest 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 130
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance ofWork, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Ex press 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' 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 131
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
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' 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) 132
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date 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;
133
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
134
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
390 Towne Centre Drive
Lathrop, CA 95330
16. Miscellaneous.
1)
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Project Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
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 135
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day 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.
136
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
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) Contractor and subcontractors must comply with the regulations imposed by California Air Resources Board (" CARB") including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9, and all pending amendments Regulation").
20) 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).
21) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 22) 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.
23) 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.
24) 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 137
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
25) 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.
26) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
138
SECTION 00500
SPARTAN WAY MEDIAN FENCE CONTRACT
CIP PS 26-0
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
139
EXHIBIT A
SECTION 00300
SPARTANWAY MEDIAN FENCE HID PROPOSAL FORMS
CIP PS 26-0
BID PROPOSAL FORMS
TO: City ofLathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: SPARTAN WAY MEDIAN FENCE, CIP PS 26-0
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location ofthe proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City 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 ofthe 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 ofthe work.
ADDITIVE AND DEDUCTIVE ALTERNATES
As required by Public Contract Code section 20103. 8, ifthis bid solicitation includes additive or deductive items, the method checked below will be used to determine the lowest bid. Ifno method is checked, subparagraph ( A) will be used to determine the lowest bid. City retains the right to add to or deduct from the Contract any of the additive or deductive alternates included in Bid Proposal.
00300- 1
140
SECTION 00300
SPARTANWAY MEDIAN FENCE
CIP PS 26-0
BID PROPOSAL FORMS
SPARTAN WAY MEDIAN FENCE, CIP PS 26-0
BID SCHEDULE
BID
M
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
I Mobilization / Bonds / Insurance 1 LS 1, 5OO1d- 7 , 5o° u2 Traffic Control 1 LS x5, poa=- 1, SGD= j--
265, 11) 00 =—
t , sea =.
3 Provision and Implementation of
Erosion and Sediment Control Plan
ESCP) per Project Specifications
1 LS
4 Clearing & grubbing per Project
Plans & Specifications
1 LS t5, OoOs l5 , Oan
5 Supply and construct tubular steel
fencing @ 48" height per Project
Plans
2, 455 LF
yo. 3. ci t1, 200:
6 Supply and construct tubular steel
fencing @ 30" height per Project
Plans
555 LF 4544- 2.4, q 15- 2--
7 Earthwork per Project Plans &
Specifications 5, 760 SF 4—= 2.3, p -4V
8 PCC core drill 5" dia. holes @ 3.5"
deep
42 EA l5= 15,561:-
9 Supply and install 4" height
1, 250 LF 2 .. 5r oat, =-
aluminum edging per Project Plans
Specifications
10 Supply and install decomposed
granite fines w/ stabilizer @ 4"
deep per Project Plans &
Specifications
5, 760 SF 4 -- 51- I, 5 (oD 2-
11 Restoration of all damaged / moved
irrigation and landscaping
i LS 11, -too =- t
1,-00 zTOTAL BID 2q Ll , Z2 -5 -2 -
TOTAL BID : 5219 , 2' ZS
TOTAL BID IN WORDS : w o mycp r.d nck _' Four - o N hd -I- viO tAutytare. ctTwcnt• s- t.ve. Dote, and zcre> e -a its
00300- 3
141
SECTION 00300
SPARTAN WAY MEDIAN FENCE BID PROPOSAL FORMS
CIP PS 26-0
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 or ten thousand dollars ($ 10, 000), whichever is greater. Shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4104 of the Public Contract Code.
After the opening ofbids, 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.
f' 4,.. 7 -n2*Y' F
v
ork to be }
Performed",
4.r,,*, ir; y ^w
t' ',
W. f.,.
ubcantractor
Name y Y
r j _ wY. r- z*r :43. 7i'"
uw
rSabcofitractor 0.-- 1,-,-- 0,,,,,„ "
7 w Address Contractor' sx
Ltceaacc •
r`"
D1RNar
fi
PriYlt
o ,Work
WA -
Note: Attach additional sheets ifrequired.
00300- 5
142
SECTION 00300
SPARTAN WAY MEDIAN FENCE
CIP PS 26-0
BID PROPOSAL mina
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE C L S/ Cervantes Landscape Services Inc.
asPR1NCIPAL, and Granite Re, Inc. dba Granite Surety Insurance Company as SURETY are held; and firmly bond unto the City. of Lathrop in the penal sum of TEN PERCENT ( 1O%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named,. submitted by the Principal to the City ofLathrop for the work described below, for the payment of which suni in lawful money of the United States, well and truly to be made to the City ofLathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability ofthe surety hereunder exceed the sum of $ Ten Percent of Bid Amount ( 10%)
THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive; Lathrop, CA SPARTAN WAY MEDIAN FENCE, CIP PS 26-0
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by taw, then this obligation shall be null and void; otherwise, it. shali' be and remain in full force.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 2nd day of December , 2025.
C L S/ Cervantes Landscape Services Inc. ((s al)
eat)
Address: 16649 Sycamore Ave
Patterson, CA 95363
Granite Re, Inc. dba Granite
Surety Insurance Company
Kenneth D. Whittingto
t
Address: 14001 Quailbrook Dr.
Oklahoma City, OK 73134
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 7
143
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document.
ACKNOWLEDGMENT OF PRINCIPAL
State of Ca -it6 rn v`
County of 61- 11t4 1Sla) LLC
On this 2 day of , m U, 20 /...) appearedqr— before me AZiorneit personally Here insert Name and Title o
Aitlamy C la/ 1 e s , who proved to me on the basis of satisfactory evidence to be the person Name of Signer
whose name is subscribed to the within instrument and acknowledged to me that he/ sbo. executed the same in his/cr authorized capacity, and that by his/or signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
A. GOME7
Notary Public • California
San Joaquin Cpunty
Commission # 2512053
My Comm, Expires mar 'IQ, 2029
WITNESS my hand and official seal.
Signature
Signature of Notary
ACKNOWLEDGMENT OF SURETY
State of Oklahoma
County of Oklahoma
On this 2 day of Dece nber, 2025 before me personally come( s) Kenneth D. Whittington, Attomey- in- Fact of Granite Re, Inc. DBA Granite Surety Insurance Company with whom I am personally acquainted, and who, being by me duly swom, says that he reside( s) in Oklahoma City, Oklahoma that he is the Attorney -in -Fact of Granite Re, Inc. DBA Granite Surety Insurance Company, the company described in and which executed the within instrument; that he know( s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and he signed said instrument as Attomey( s)- in- Fact of the said Company by like order. ,.
LAMY-) ri • 1. j.. 21 -
tart' Public
GR- 34 (CA) Ed. 01- 22
144
GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
KENNETH D. WHITTINGTON; KYLE MCDONALD its true and lawful Attorney- in- Fact( s) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said:
KENNETH D. WHITTINGTON; KYLE MCDONALD may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Assistant Secretary, this 31st day of July, 2023.
STATE OF OKLAHOMA
SS:
COUNTY OF OKLAHOMA ) Ky , , istant Secretary
On this 31St day of July, 2023, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company.
Kenneth D. Whitti an,Preside nt
Ie' P. McDonald Ass
My Commission Expires:
Aprii 21, 2027
Commission #: 1101: J620
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY and that said Power of Attorney has not been revoked and is now in full force and effect.
RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attomeys- in- fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business.
On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsim le thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
IN WITNESS WHEREOF, the undersigned has sukseikV, foitititIte and affixed the corporate seal of the Corporation this December 2 , 2025 . 4*....*'? • op 0 R4 p ` .
ego
Kyle Pt/ McDonald, Assistant Secretary
GR- 40 (CA) Ed. 06- 24 I,j/I1111 \`•
145
SECTION 00300
SPARTAN WAY MEDIAN FENCE BID PROPOSAL FORMS
CIP PS 26-0
NON -COLLUSION AIi i1DAVIT
STATE OF atI Torn Gt„.
COUNTY OF LaP` ri I datts
ss.
dej, tyCerlai, eng first duly sworn, deposes and says that he or she is Cvv of CL5 /cN er bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or ofthat of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interestedin the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid deposito or to any member or agent thereof to effectuate a collsive orshy bid.
Signatu of: President, Secretary,
Manager, Project Manager or Representative
Subscribed and sworn too _ or affirmed) ,
rmed)) before me
on this 2 day of ` , 20 , by
PrI6imdft, C. ervarrtes, proved to
me on theeasis of satisfactory evidence to be the
person who appeared before me.
Seal A' C ' •G
Signature
A a A a A AA A
A. GOMEZ
Notary Public - California =
San Joaquin County
Commission 2512053
My Comm. Expires Mar' 10. 2029
00300- 8
146
SECTION 00300
SPARTAN WAY MEDIAN FENCE BID PROPOSAL FORMS
CEP PS 26-0
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation oflaw or a safety regulation? Yes No
Ifthe answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' sfailure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
00300- 9
147
SECTION 00300
SPARTAN WAY MEDIAN FENCE BID PROPOSAL FORMS
OP PS 26-0
PUBLIC WORKS CONTRACTOR REGISTRATION CERI IF'CATION
SUBIA T WITH BID
Pursuant to Labor Code sections 1725. 5and 1771., all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
See https:// www. dir. ca. gov/ Public- Works/ PublicWorks. html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor' sand subcontractors' current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725. 5and 1771. and is currently registered as a contractor with the Department of Industrial Relations.
Name of Bidder: C43 / [. trvar cg lrynd5cqpc, Se--. aL c; ecn,, sxtC.
DIR Registration Number: Zt?, S
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725. 5and 1771. in it contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non -responsive.
Bidder' sSignature:
Bidder' sName and Title: pkte a,,, rj,. b C, et. voan per, - L / CEO Firm: r
t 4 / Leind!, rr Gt^- viet.S
Date: t2../ 02_, 24525
END OF DOCUMENT)
00300- 11
148
SECTION 00300
SPARTAN WAY MEDIAN FENCE BID PROPOSAL FORMS
CAP PS 26-0
1. The dangers ofdrug abuse in the work place.
2. The Bidder' spolicy ofmaintaining a drug -free work place.
3. Any available drug counseling, rehabilitation, and employee assistance programs. The penalties that may be imposed upon employees for drug abuse violations occurring in the work place.
C. Making a good faith effort to continue to maintain a drug -free work place through implementation ofthe requirements stated in this Document.
WORK LOCATIONS
1. The Bidder acknowledges that the performance ofwork done in connection with this Contract will occur at the location( s) listed and / or described below:
Spartan Way: from Golden Valley Parkway to Stanford Crossing.
BIDDER
Sign e)
12.na12025
Date)
00300- 13
149
Public Works Department 390 Towne Centre Dr. — Lathrop, CA 95330 Phone ( 209) 941- 7430 - fax (209) 941- 7449
www. ci. lathron. ca. us
ADDENDUM NO. 1- Nov 25, 2025
Spartan Way Median Fence, CIP PS 26-0
Bids Due: December 2, 2025 by 2: 00 PM
This addendum amends the Contract Drawings and Specifications for this project as follows:
1. Revise Section 32 3100 Fencing 2. 02 G. accordingly:
G. Finish: all fence members shall be primed and powder coated Black — Green, RAL 6012.
2. Revise Section 32 3100 Fencing 3. 02 C accordingly:
1. Concrete Fill: Place 3, 000 psi concrete around posts to dimensions indicated and vibrate or tamp for consolidation. Protect aboveground portion ofposts from concrete splatter, and provide convex shaped finish to top of concrete pier to shed water away from post.
2. Concrete Color: Add 4 lbs. of lamp black per cubic yard of concrete to match existing random slate pattern ofmedian flatwork.
When submitting the bid for the project, the Contractor must acknowledge receipt of the addendum.
Recommended by:
Approved by:
i,, Ape/ 444
Steven Hollenbeak
Assistant Engineer
Date
Date
150
ITEM 4. 11
CITY MANAGER' SREPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A CONSTRUCTION CONTRACT WITH
LAFLUER ENGINEERING INC., FOR EAST LATHROP
WATER MAIN AND LATERAL UPGRADES, CIP PW 24-
12 RECOMMENDATION: Adopt Resolution to Approve a Construction Contract with LaFleur Engineering, Inc., for East Lathrop
Water Main and Lateral Upgrades, CIP PW 24- 12
SUMMARY:
The East Lathrop Water Main and Lateral Upgrades, Capital Improvement Project CIP) PW 24- 12 (Project) was established to upgrade designated portions of the City' s water system within the area bounded by Louise Avenue, Bizzibe Street, Cambridge Drive, and " O" Street.
On April 8, 2024, the City Council approved an agreement with BKF Engineers ( BKF) to provide engineering consulting services in support of the Project. BKF has since completed the plans and specifications for the Project.
The construction contract was formally advertised on October 14 and October 21, 2025, in accordance with the bidding procedures outlined in California Public Contract Code ( PCC) Section 20160 and Lathrop Municipal Code ( LMC) Section 2. 36. 060.
Following a thorough review and evaluation of the bids received, LaFleur Engineering Inc. was identified as the lowest responsive and responsible bidder, with a base bid of $ 1, 719, 237.
Staff recommend that the City Council:
Approve a construction contract with LaFleur Engineering, Inc. in the amount of $ 1, 719, 237;
Authorize a 15% construction contingency in the amount of $ 257, 886, for a total construction budget not to exceed $ 1, 977, 123;
Authorize staff to utilize the contingency funds as necessary to achieve the goals of the Project.
Sufficient funds have been allocated in the adopted FY 2025/6budget to support the award of the construction contract.
BACKGROUND:
The East Lathrop Water Main and Lateral Upgrades, Capital Improvement Project CIP) PW 24- 12 (Project) involves the replacement of aging water infrastructure in a residential neighborhood constructed approximately 50 years ago. The existing water 151
CITY MANAGER' S REPORT PAGE 2
DECEMBER 8, 2O25 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH LAFLEUR ENGINEERING INC., FOR EAST LATHROP WATER MAIN AND LATERAL UPGRADES, CIP PW 24- 12 mains consist of 6 -inch diameter Asbestos -Cement Pipe ( ACP), much of which is located on private property, primarily in the front yards of homes. This configuration has made maintenance and repair of the water mains and service laterals difficult and inefficient.
To address these issues, the Project will:
Abandon and replace the existing ACP mains with new 8 -inch PVC pipe located within the public right- of- way;
Install new valves and fire hydrants as needed to comply with current City standards.
On April 8, 2024, the City Council approved an agreement with BKF to provide engineering consulting services for the Project. BKF has since completed the design and prepared the technical specifications.
The bid solicitation package, including plans and specifications, was advertised on October 14 and October 21, 2025, in accordance with California Public Contract Code PCC) Section 20166 and Lathrop Municipal Code ( LMC) Section 2. 36. 060. A total of ten bids were received and publicly opened by the City Clerk on November 4, 2025.
All bids were determined to be responsive and responsible.
Table 1: Summary of Bid Results
CIP PW 24- 12 East Lathrop Water Main and Lateral Upgrades Contractor Base Bid
La Fleur Engineering, Inc. 1, 719, 237. 00
West Valley Construction Company, Inc. 1, 778, 255. 7
Westland Contractors Inc. 1, 798, 918. 00
Soracco, Inc. 1, 885,84. 00
Frontline General Engineering Construction, Inc. 1, 937, 106.9 United Pavement Maintenance, Inc. 1, 970,56. 40
Knife River Construction 2,77, 019.0
DPI, Inc. 2, 391,29. 00
Flowline Contractors, Inc. 2, 535, 685. 00
Mozingo Construction, Inc. 2, 777, 255. 00
Following a thorough review, LaFleur Engineering, Inc. was determined to be the lowest responsive and responsible bidder, with a base bid of $ 1, 719, 237. Staff request City Council adopt a resolution to approve a construction contract with LeFleur Engineering Inc. for $ 1, 719, 237 for the construction of the Project. 152
CITY MANAGER' SREPORT PAGE 3
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH LAFLEUR ENGINEERING INC., FOR EAST LATHROP WATER MAIN AND LATERAL UPGRADES, CIP PW 24- 12 Staff also request City Council authorize a 15% construction contingency of $257, 886 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 1, 977, 123.
REASON FOR RECOMMENDATION:
Completion of the Project is necessary to upgrade designated portions of the water system located in an area bounded by Louise Avenue, Bizzibe Street, Cambridge Drive, and " 0" Street
Staff recommend that the City Council:
Adopt a resolution approving a construction contract with LaFleur Engineering, Inc. in the amount of $ 1, 719, 237
Authorize a 15% construction contingency in the amount of $ 257, 886, for a total not -to -exceed construction cost of $ 1, 977, 123 FISCAL IMPACT:
The proposed construction contract with LaFleur Engineering, Inc. is in the amount of $ 1, 719, 237. A 15% construction contingency in the amount of $ 257, 886 is also requested, bringing the total not -to -exceed project cost to $ 1, 977, 123.
Sufficient funds have been allocated in the adopted FY 2025/6 budget for CIP PW 24- 12 to support the award of the construction contract.
ATTACHMENTS:
A. Resolution to Approve a Construction Contract with LaFleur Engineering, Inc., for East Lathrop Water Main and Lateral Upgrades, CIP PW 24- 12 B. Construction Contract with LaFleur Engineering, Inc., for East Lathrop Water Main and Lateral Upgrades, CIP PW 24- 12
153
CITY MANAGER' SREPORT PAGE 4
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH LAFLEUR ENGINEERING INC., FOR CIP PW 24- 12 EAST LATHROP WATER MAIN AND LATERAL UPGRADES APPROVALS:
Greg ibson
Seni r Civil Engineer
Brad aylor
City ngineer
Cari Ja
Finance IM ector
c Fort
Thomas Hedegard
Deputy City Manager
7 Date
Date
iit) I0102, 25
Date
2ce • zoZS
Date
zCo• zoZS"
Michael King Date
Assistant City Manager
2... 5- • 1-0 Z5
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
154
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE A CONSTRUCTION CONTRACT WITH LAFLEUR ENGINEERING, INC., FOR EAST LATHROP WATER MAIN AND LATERAL UPGRADES, CIP PW 24- 12 WHEREAS, the East Lathrop Water Main and Lateral Upgrades, Capital Improvement Project ( CIP) PW 24- 12 (Project) was created to upgrade designated portions of the City' s
water system located in an area bounded by Louise Avenue, Bizzibe Street, Cambridge Drive, and " O" Street; and
WHEREAS, on April 8, 2024, the City Council approved an agreement with BKF Engineers ( BKF) to provide engineering consulting services needed to support the project; and
WHEREAS, BKF has completed the plans and specifications for the Project; and
WHEREAS, the bid solicitation package was formally advertised on October 14 and October 21, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 20166 and Lathrop Municipal Code ( LMC) 2. 36. 060; and WHEREAS, a total of ten bids were received and opened by the City Clerk on November 4, 2025, and each bid was determined to be responsive and responsible; and
WHEREAS, following a thorough review, LaFleur Engineering Inc. (LaFleur) was determined to be the lowest responsive and responsible bidder, with a base bid of $ 1, 719, 237; and
WHEREAS, staff request City Council adopt a resolution to approve a construction contract with LeFleur for $ 1, 719, 237 for the construction of the Project; and
WHEREAS, staff also request City Council authorize a 15% construction contingency of $257, 886 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 1, 977, 123; and WHEREAS, sufficient funds have been allocated in the adopted FY 2025/6 budget for CIP PW 24- 12 to support the award of the construction contract.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with LeFleur Engineering Inc. for the East Lathrop Water Main and Lateral Upgrades, CIP PW 24- 12 with a base bid of 1, 719, 237; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency of $257, 886 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 1, 977, 123.
155
The foregoing resolution was passed and adopted this 8th day of December 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 156
Attachment
SECTION 00500
EAST LATHROP WATER MAIN AND LATERAL UPGRADES CONTRACT
CIP PW 24- 12
CONTRACT
This Contract, dated December 8, 2025, is entered into by and between the City of Lathrop (" City"), a municipal corporation of the State of California, and LaFleur 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 EAST LATHROP WATER MAIN AND LATERAL UPGRADES, CIP PW 24- 12 (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 ofthis 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 to the construction of approximately 4, 700 linear feet of new 8 -inch PVC water main pipe to replace existing 6 -inch ACP water mains. The work also includes replacing service laterals, appurtenances, valves, hydrants and interconnections with existing mains and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 110 Working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $1, 719, 237 (One Million Seven Hundred Nineteen Thousand Two Hundred Thirty -Seven 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 LaFleur Engineering, Inc. on November 4, 2025. For the purposes of construing, interpreting and resolving 00500- 1
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inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements effecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a
person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 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' s noncompliance
with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused 00500- 2
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by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' s verification 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.
00500- 3
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d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s
proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' s
performance of Work, the Contractor shall request the CITY' 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. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion ofthe Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under
the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
Record of wages paid: Inspection
Pursuant to Labor Code section 1776, Contractor stipulates 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 00500- 4
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same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
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 00500- 5
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after such 10 -day period, Contractor shall pay apenalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date 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;
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8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
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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
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Zak Karver, Project Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time 00500- 8
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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 acopy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
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EAST LATHROP WATER MAIN AND LATERAL UPGRADES CONTRACT
CIP PW 24- 12
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) Contractor and subcontractors must comply with the regulations imposed by California Air Resources Board (" CARB") including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9, and all pending amendments Regulation").
20) 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).
21) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 22) 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.
23) 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.
24) 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.
00500- 1
166
SECTION 00500
EAST LATHROP WATER MAIN AND LATERAL UPGRADES CONTRACT
CIP PW 24- 12
25) 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.
26) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
00500- 11
167
SECTION 00500
EAST LATHROP WATER MAIN AND LATERAL UPGRADES CONTRACT
CIP PW 24- 12
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
CITY OF LATHROP
Resolution No. 25 -
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)
00500- 12
168
SECTION 00300
EAST LATHROP WATER MAIN AND LATERAL UPGRADES
CIP PW 24. 1E
BID PROPOSAL FORMS
TO:
BID PROPOSAL FORMS
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: EAST LATHROP WATER MAIN AND LATERAL UPGRADES, CIP
PW 24- 12
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 City of Lathrop reserves the right to reject any and all bids. Contract award will be made to the lowest single responsive and responsible bidder. The lowest bid shall be determined based on the total of the base bid schedule.
00300- 1
169
SECTION 00300
EAST LATHROP WATER MAIN AND LATERAL UPGRADES
CJPPW2412
BID PROPOSAL FORMS
EAST LATHROP WATER MAIN AND LATERAL UPGRADES,
CIP PW 24- 12
BID SCHEDULE
BID
ITEM DESCRIPTION QUAN
TITY
UNITS UNIT
PRICE
EXTENDED
TOTAL
1 Mobilization and Demobilization(') 1 LS 945 16(. 5. 0o 0 (2i1). 00
VA; AS. 00
2 0111.‘ 10, 00
Traffic Control and General Safety
Measures
1 IS
3 Stormwater Pollution Prevention 1 LS 4 \to, Q13 , 20 1 b 223. 00 4 Trench Safety Measures 1 LS V2304100 S13, 641. 00
5 Abandon Water Valve or Blow Off Valve
and Remove Valve Box
15 EA ISb, 00 5k0, 0
6 Abandon Existing Water Main 4, 113 LF 45, 0 a 10 1 5b 5. 00 7 Remove Fire Hydrant 7 EA 1 \ (SCAM() 94, 10'. Q
ialq`t` i0. 90
1HK,% iL. 00
8 8" PVC Water Main 4, 631 LF qb
10 9 8"
Install
Gate
Air
Valve
Release
and Valve
Valve
Box 36
2 EA
EA Vi%OVA. 0®
b, Rtl' 1. 04
4 \2 14' 7A, Y3
S i'DNIR. 00
11 Blowoff Valve Assembly 1 EA 0i Q, 2°1, 00
12 Fire Hydrant Assembly Installation 7 EA ieW 05 .0 0 4 V1 ciM,' k 0 0 13 Water Main Tie -In 9 EA
r5
b, 414. 00 cW114y \ , 0 0
14 1.5" Polyethelene Water Service 93 EA t'?") 041.0 1' L4+ 3371. 00 15 Disposal of Class II Spoils ( Revocable) 100 CY 4 141. 0t 4 vo, ti 0. O 0 16 Fire Hydrant Service Vertical
Realignment ( Revocable)
12 EA As, \ 131 . 400 ck,\, LkbA 0 0
17 Replace Water Meter Box ( Revocable) 10 EA El S 0k .0o 5i, 0 HO. O0 18 Additional Trenching Depth of 6" to 24"
Revocable) 300 0 0 1$\°C) 430. 0
19 Additional Trenching Depth of 24" or
More ( Revocable) 300 I.F
CJl . VI \ • 40
TOTAL BID 0\ L) i2' S' j
o
I
TOTAL BASE BID : % 1 ‘ C\ : 2- 151 • O t
TOTAL BASE BID IN WORDS : AP, NAV ba ever\ \-\ v i\ JA N,& eLe' n `\ A0\ 1S0,, r Ao4fcb 1- W, Av3 c -fen s
t.\\ 00
00300- 2
170
SECTION 00300
EAST LATHROP WATER MAIN AND LATERAL UPGRADES
CJP PW 24- 12
BID PROPOSAL FORMS
INFORMATION REQUIRED OF BIDDER
The Bidder shall furnish the following information. This information is considered essential in enabling the Project Manager to determine if the Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' sname and address:
1.4I1,\ K ingonce,(,, f1 'uric .
15( 0) Fie , c\\ Lk . v, t' CZos, v11e., (6'\ 1
2) Bidder' stelephone number: \ o" R V9 " 210 t0
3) Bidder' s email address: 1excAANIOtV A0? 1t, 4JYta1k• ()" 4) Bidder' sContractor' sLicense # / Expiration Date / Classification:
9590$ 0 , ti13ortnt, ,
5) Bidder' sDIR Registration # / Expiration:
I CM OSIVL / O6/ 30/ 2O21
6) Person who inspected site ofproposed work for Contractor' sfirm:
Name: 6. f Date of Inspection: ii/ 31 /212, 5
7) List 5 projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
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ry
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171
i,
SECTION 00300
EAST LATHROP WATER MAIN AND LATERAL UPGRADES
CIP PW E412
BID PROPOSAL FORMS
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' sTotal Bid Price or ten thousand dollars ($ 10, 000), whichever is greater. Shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4104 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.
be
Subcontractor
Name
Subcontractor
Address
California
Contractor' s
License No.
DIR No. Percent of
Work
11 Pti el -b+
i
114c..
t'd SAle' WSr)
ea -re, '
1oUor- ita' 41449
1710
Nivt./.
SRw
wt.- A.. nu* e
LPL
4o2D tl 9lu
5ctuarh j
704
Ilia -4' 3 0' ',
0 1.
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5ezo / Mk rl. eu ex,
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55. 627
c cY0 d
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r -
Vt" tbt
P
c0410- 11, ha.
ill whom fr.,
ice, GA
eitu4 wall lS/'
CV -ASS 6449
Noll,
d `,%.' f
r3) 10 £ "(swat
foal -tot c.'
ls1DSt- I
to
c —
SwPPP SwpPo
POOLS 5
s
tco( 5Qb , 31133442 t°
0 Note: Attach additional sheets ifrequired.
00300- 4
172
SECTION 00300
EAST IATHROP WATER MAIN AND LATERAL UPGRADES
CIP PW 24- 12
BID PROPOSAL FORMS
ADDENDA
Bidder certifies he reviewed ARC Stockton' swebsite for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
o!
Respectfully submitted,
04 ttrtg 1 P eL' - C -w' L& , II -4 G .
Dated Legal Name of Firm
Sig+ YSature of Authorized Representative
Seal)
If Bidder is a corporation, show State in which incorporated.) C- 4144$.3•4
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.
DAr, io,- 1t2- oiStor t-4- c tL 704c S6E. ri'? 4- l a- r 1hve.. 02- e510t3 r
J
r o / C, E' D 00. A.- t vvact. 1r64, 2
ry , er a i
1 gO- 4.. 14 4q -L ( ( c 70 ' ski -N-' Jt, M 4, 1T t4&
t4- F- c, w , G4- ff
6 2
00300- 5
173
Public Works Department
October 29, 2025
390 Towne Centre Dr. — Lathrop, CA 95330
Phone (209) 941- 7430 — fax (209) 941- 7449
www. ci. lathrop. ca. us
ADDENDUM NO. 1
East Lathrop Water Main and Lateral Upgrades
OP PW 24- 12
1. This addendum provides responses to questions received regarding the project specifications as follows:
RFI- 1 Will the contractor be responsible for compaction testing and a soils technician? Al No, the City is responsible to hire the compaction testing firm/ soils technician...
RFI- 2 Wi11 the contractor be responsible for conducting the survey and staking by a licensed surveyor?
A2 Yes.
RFI- 3 Wi11 the contractor be responsible for water quality sampling and testing? A3 No, the City is responsible for disinfection water quality sampling and testing..
RFI- 4 Wi11 directional drilling be an approved method for the water service installation? A4 Yes. Contractor will be responsible for potholing and confirming utilities to avoid damage.
RFI- 5 What detail should we assume for trench paving restoration and will glass grid be required?
A5 Detail R51 shall be used for trench paving restoration including the use of glass grid prior to repaving the top lift.
RFI- 6 For the connections at the meters, should we assume reconnection on the City' s side of the meter, should we assume any work on the residential side of the meter? A6 Yes, work may be required on both sides ofthe meter to restore service. Contractor will be responsible for resorting area around meter to its pre- existing condition.
RFI- 7 How many water meters are in concrete driveways? Can line items be added to the bid schedule, for driveway SF restoration. One for standard concrete and one for stamped concrete? Can a line item be added for curb, gutter and sidewalk SF restoration?
A7 The water meters are generally visible from the street. The Bidder should visit the site and include in their unit price the full cost for restoration including paved concrete driveways, curbs, gutters and sidewalks where specified in the Bid Item Descriptions.
174
PW 24- 12 - Addendum No. 1