CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT-F- SATE TRAVEL FOR TWO CITY
STAFF TO ATTEND THE TYLER CONNECT 2026
CONFERENCE
RECOMMENDATION: Adopt a Resolution to Authorize Out -of -State Travel for the Accounting Manager and Utility & Revenue
Services Manager to Attend the Tyler Connect 2026
Conference in Las Vegas, Nevada From
April 7 - 10, 2026
SUMMARY:
The Tyler Technology Connect 2026 ( Connect 26) is the annual user conference for the City' s comprehensive Enterprise Resource Planning ( ERP) software. This conference is for Tyler Technology clients only and provides insight into the best practices as well as unique opportunities to improve our services by making full use of our financial, billing, human resources, licensing and budget software. Connect 2026 offers wide- ranging workshop options, product training, technical applications, and business best practices. This event will give staff opportunities to discover new ways to learn of software enhancements, tips and tricks, and advanced product uses to improve performance and efficiencies.
Aligned with the goals of keeping City staff informed and up- to- date on the latest technology, Staff requests approval for the Accounting Manager and Utility & Revenue Services Manager to attend the Connect 26 Conference to be held in Las Vegas, Nevada from April 7, 2026 through April 10, 2026. Tyler Connect 2026 is exclusively for Tyler clients to interact and learn directly from Tyler experts and Tyler user communities and will assist the City with making better use of our technology investment in daily work. Staff will attend sessions that will benefit the Department and the City as a whole. Staff will then take a train the trainer' s approach upon return by updating the rest of the Department on lessons learned from the experts in the usage of the ERP system.
Staff requests that the City Council approve the out-f- sate travel for the Accounting Manager and Utility & Revenue Services Manager to attend the Connect 2026 Conference in Las Vegas, Nevada, from April 7, 2026 to April 10, 2026. The estimated cost is $ 7, 000. Sufficient funds were allocated in the approved FY 2025- 26 budget to cover the cost of the training and travel.
BACKGROUND:
Since 2012, the City has been utilizing New World Systems ( NWS) Enterprise Resource Planning ( ERP) software for various functions including Financial Management, Human Resources, Utility Management, and Community 367
CITY MANAGER' S REPORT PAGE 2
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
APPROVE OUT-F- STATE TRAVEL FOR TWO CITY STAFF TO ATTEND THE TYLER CONNECT 2026 CONFERENCE
Development. In 2015, Tyler Technologies acquired NWS software. The ERP system has supported City staff in the delivery of government services and improved the efficiency and effectiveness of the City' scustomer service and business practices.
Over time, Tyler Technologies has created online content and regional training programs providing opportunities for City staff to enhance their skills and knowledge of the ERP system.
This spring, Tyler Technologies will be holding their annual user conference in Las Vegas, Nevada. Tyler Connect 2026 ( Connect 26) is the City of Lathrop Financial System' s annual user conference. Connect 2026 provides extensive workshop options, product training, technical applications, and best business practices. This event will provide staff with opportunities to explore new ways to learn about software updates, tips and tricks, advanced product use to improve performance and efficiency, and learn from Tyler experts and Tyler user communities.
Staff requests the City Council to approve the out-f- sate travel for the Accounting Manager and Utility & Revenue Services Manager to attend the Connect 2026 Conference in Las Vegas, Nevada from April 7, 2026 to April 10, 2026. The estimated cost is $ 7, 000.
REASON FOR RECOMMENDATION:
This event will give staff opportunities to discover new ways to learn software enhancements, tips and tricks, and advanced product use to help improve performance and efficiency. Staff will attend sessions that will benefit the approach
Department and the City as a whole. Staff will then take a train the trainer' s upon return by updating the rest of the Department on lessons learned from the experts in using the ERP system.
FISCAL IMPACT:
The estimated total cost of attending the Tyler Connect 2026 Conference is $ 7, 000.
Sufficient
budget as
funds
approved
were
by
allocated
the City Council.
in the approved FY 2025-6 Finance Department' s
ATTACHMENTS:
A. A Resolution to the City Council of the City Of Lathrop to Authorize Out - of -State Travel for the Accounting Manager and Utility & Revenue Services Manager to Attend the Tyler Connect 2026 Conference in Las Vegas, Nevada from April 7- 10, 2026.
B. Tyler Connect 2026 Conference Information and Agenda 368
CITY MANAGER' S REPORT PAGE 3
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
APPROVE OUT-F- STATE TRAVEL FOR TWO CITY STAFF TO ATTEND THE TYLER CONNECT 2026 CONFERENCE
APPROVALS:
Cari James
Finance Dir or
Date
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
A/ x. 0v/
to - 240
Stephen J. Salvatore Date
City Manager
369
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
AUTHORIZE OUT-F- STATE TRAVEL FOR THE ACCOUNTING MANAGER AND
UTILITY & REVENUE SERVICES MANAGER TO ATTEND THE TYLER CONNECT 2026 CONFERENCE IN LAS VEGAS, NEVADA FROM APRIL 7- 10, 2026 WHEREAS, since 2012, the City has been utilizing New World Systems ( NWS) Enterprise Resource Planning ( ERP) software for various functions including Financial Management, Human Resources, Utility Management, and Community Development; and
WHEREAS, the ERP system has supported City staff in the delivery of government services and improved the efficiency and effectiveness of the City' s customer service and business practices; and
WHEREAS, the Tyler Connect 2026 ( Connect 26) Conference is the City of Lathrop Financial System' s annual user conference for Tyler clients only and provides a unique opportunity to improve our services by fully utilizing our New World Systems ERP software; and
WHEREAS, the Connect 26 offers comprehensive workshop options, product training, technical applications, and business best practices; and WHEREAS, this event will give staff opportunities to discover new ways to learn of software enhancements, tips and tricks, and advanced product use to help improve performance and efficiencies; and
WHEREAS, aligned with the goals of keeping City staff informed and up- todate on the latest technology, Staff requests approval for the Accounting Manager and Utility & Revenue Services Manager to attend the Tyler Connect Conference to be held in Las Vegas, Nevada from April 7, 2026 through April 10, 2026; and WHEREAS, the estimated cost is $ 7, 000 and sufficient funds have been allocated in the approved FY 2025-6 Finance Department' sbudget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop authorizes the out-f- state travel for the Accounting Manager and Utility & Revenue Services Manager to attend the Tyler Connect 2026 Conference in Las Vegas, Nevada from April 7, 2026 through April 10, 2026. 370
The foregoing resolution was passed and adopted this 12th day of January 2026, 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 371
ATTACHMENT " B"
Connect > Conference Info > Agenda
FuII Conference Agenda
All times are listed in Pacific time
Conference Schedule
Explore the agenda to plan your time and maximize your conference experience.
Registration Opens
12: 00 p. m. -6: 30 p. m.
Workshop Sessions
12: 30 p. m. -4: 30 p. m.
Connect & Collaborate Welcome Reception
4: 30 p. m. -6: 30 p. m.
New to Connect?
If you' ve never been to Tyler Connect — or if it' s been a while — check out our Connect 101 pjgg to learn more about our premier user conference. We' v captured the collaborative energy of the event, but attending is believing! We hope to see you this year. 372
ATTACHMENT "B"
Connect > Conference Info > Agenda
FuII Conference Agenda
All times are listed in Pacific time
Conference Schedule
Explore the agenda to plan your time and maximize your conference experience.
Registration & Solutions Hub Open
7; 30 a. m.- 4: 30 p. m.
Opening & Keynote
8: 30 a. m.- 9: 45 a. m.
Break
9: 45 a. m.- 10: 00a. m.
Session 2
10: 00 a. m.- 11: 00 a. m.
Break
11: 00 a. m.- 11: 30a. m.
Session 3
11: 30 a. m.- 12: 30 p. m.
Lunch
12: 30 p. m. -2: 00 p. m.
Session 4
2: 00 p. m. -3: 00 p. m.
Break
3: 00 p. m. -3:0 p. m.
Session 5
3:0 p. m. -4: 30 p. m.
Client Happy Hour
4: 30 p. m. -6: 00 p. m.
New to Connect?
If you' ve never been to Tyler Connect — or if it' s been a while — check out our Connect 101 ( egg to learn more about our premier user conference. We' ve captured the collaborative energy of the event, but attending is believing! We hope to see you this year. 373
ATTACHMENT " B"
Connect > Conference Info > Agenda
FuII Conference Agenda
All times are listed in Pacific time
Conference Schedule
Explore the agenda to plan your time and maximize your conference experience.
Registration & Solutions Hub Open
8: 00 a. m.- 4: 30 p. m.
Session 6
8: 30 a. m.- 9: 30 a. m.
Break
9: 30 a. m.- 10: 00a. m.
Session 7
10: 00 a. m.- 11: 00a. m.
Break
11: 00 a. m.- 11: 30 a. m.
Session 8
11: 30 a. m.- 12: 30 p. m.
Lunch
12: 30 p. m. -2: 00 p. m.
Session 9
2: 00 p. m. -3: 00 p. m.
Break
3: 00 p. m. -3:0 p. m.
Closing Keynote
3:0 p. m. -4: 30 p. m.
New to Connect?
If you' ve never been to Tyler Connect — or if it' s been a while — check out our Connect 101 pagg to learn more about our premier user conference. We' ve captured the collaborative energy of the event, but attending is believing! We hope to see you this year. 374
ATTACHMENT " B"
Connect > Conference Info > Agenda
FuII Conference Agenda
All times are listed in Pacific time
Conference Schedule
Explore the agenda to plan your time and maximize your conference experience.
Registration Open
8: 00 a. m.- 12: 30 p. m.
Session 11
8: 30 a. m.- 9: 30 a. m.
Break
9: 30 a. m.- 10: 00a. m.
Session 12
10: 00 a. m.- 11: 00a.m.
Break
11: 00 a. m.- 11: 30a. m.
Session 13
11: 30 a. m.- 12: 30 p. m.
New to Connect?
If you' ve never been to Tyler Connect — or if it' s been a while — check out our Connect 101 page to learn more about our premier user conference. We' ve captured the collaborative energy of the event, but attending is believing! We hope to see you this year. 375
PAGE LEFT
INTENTIONALLY
BLANK
376
ITEM 4. 10
CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ESTABLISH THE CITY OF LATHROP POLICE
DEPARTMENT TOW ROTATION PROGRAM POLICIES
AND FEES AND AUTHORIZE CITY MANAGER TO
CONTRACT FOR SERVICES
RECOMMENDATION: Adopt a Resolution to Establish the City of Lathrop Police Department Tow Rotation Service Policies and
Associated Fees for Participation in the Lathrop
Police Department Tow Rotation Program and
Authorize the City Manager to Enter into Contracts
for Tow Services with up to Five ( 5) Tow Service
Providers
SUMMARY:
The City of Lathrop Police Department contracts with the City of Ripon to provide police dispatch services since July 1, 2022. As part of those services, the City of Ripon utilizes a tow rotation to provide Lathrop Police Department tow services as needed during the course of law enforcement services.
Although a tow rotation was established with dispatch services, Lathrop Police Department did not adopt a Tow Rotation Program or enter into contracts with the various tow service providers.
The City of Lathrop Police Department wishes to formalize a Tow Rotation Program and establish contractual agreements with multiple tow services providers. Tonight, staff is requesting Council adopt a resolution to establish the City of Lathrop Police Department Tow Rotation Service Policies and associated fees for participation in the Lathrop Police Department Tow Rotation Program and authorize the City Manager to enter into contracts for tow services with up to five ( 5) tow service providers at any given time.
BACKGROUND:
On July 1, 2022, the City of Lathrop established the Lathrop Police Department. At that time, the City of Lathrop contracted with the City of Ripon to provide dispatch services to Lathrop Police Department. The contract has a 10 -year term and includes initial staff and equipment as well as full dispatch services.
Occasionally, tow services are required during the course of law enforcement services. These services are requested by Lathrop Police Department staff through City of Ripon Dispatch, utilizing a tow rotation that includes multiple tow service providers.
377
CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ESTABLISH THE CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM AND AUTHORIZE CITY MANAGER TO CONTRACT FOR SERVICES At this time, Lathrop Police Department does not have an established Tow Rotation Program outlining requirements of tow service providers. As part of the Tow Rotation Program, the proposed Lathrop Police Department Tow Service Policies establish program rules and regulations for tow service providers. The proposed Lathrop Police Department Tow Services Policy is included as Attachment B.
If adopted, the City of Lathrop will contract with up to five ( 5) tow service providers at any given time, to formalize a tow rotation list to be utilized by City of Ripon police dispatch staff to provide tow service to Lathrop Police Department, as needed, during the course of law enforcement services.
PAGE 2
Additionally, the Lathrop Police Department desires to recover the administrative and procedural costs associated with the implementation of the tow rotation program.
These proposed fees are outlined in the Lathrop Police Department Tow Services Policy and are as follows:
Service
Annual Participation Fee
Tow Truck Driver Fee
REASON FOR RECOMMENDATION:
Fee Amount
300. 00 annually ( per tow service company)
100. 00 one- time (per driver background)
The proposed program intends to establish clear guidelines and requirements for tow service providers and eliminate any uncertainty of responsibility and reduce the potential for the City of Lathrop to be liable for the actions of tow service companies providing service on behalf of the City of Lathrop Police Department.
FISCAL IMPACT:
The proposed Lathrop Police Department Tow Rotation Policies includes tow services for City owned vehicles at no cost to the City, saving the City approximately $ 9, 000 per fiscal year.
ATTACHMENTS:
A. Resolution to Establish the City of Lathrop Police Department Tow Rotation Program and Authorizing the City Manager to Enter into Contracts for Tow Services with up to Five ( 5) Tow Services Providers at any given time at no cost to the City.
B. Lathrop Police Department Tow Service Policies
C. City of Lathrop Sample Tow Service Agreement
378
CITY MANAGER' SREPORT PAGE 3
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ESTABLISH THE CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM AND AUTHORIZE CITY MANAGER TO CONTRACT FOR SERVICES APPROVALS:
en S
Chief of Po ice
ik.a .2.
Date
f/7/o7&
Thomas Hedegard Date
Deputy City Manager
Cari Ja
Finance% Director
1/• 20
Date
Salvador Navarrete Date
City Attorney
I
I
t•Z g,
Stephen J. Salvatore Date
City Manager
379
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
ESTABLISH THE LATHROP POLICE DEPARTMENT TOW SERVICE POLICIES
AND ASSOCIATED FEES FOR PARTICIPATION IN THE LATHROP POLICE
DEPARTMENT TOW ROTATION PROGRAM AND AUTHORIZE THE CITY
MANAGER TO ENTER INTO CONTRACTS TO MAINTAIN TOW SERVICES WITH UP TO FIVE ( 5) TOW SERVICE PROVIDERS
WHEREAS, under the Police Power ( California Constitution article XI, section 7), the City of Lathrop may set policies and fees for services, such as a tow truck service program; and
WHEREAS, Sections 12110 and 2432. 3 (B) of the California Vehicle Code specifically authorize municipalities to charge fees for participation in an authorized tow truck program, including for undertaking background checks for tow truck drivers; and
WHEREAS, the Lathrop Police Department has drafted the proposed Lathrop Police Department Tow Service Policies, attached hereto as Exhibit A, to govern and ensure the fair implementation of tow services by tow truck businesses participating in the tow program; and
WHEREAS, the Lathrop Police Department desires to recover the administrative and procedural costs associated with the implementation of the tow rotation program; and
WHEREAS, the fees charged are solely to recover the administrative costs in the implementation and maintenance of the tow truck program; moreover, such fees are in no way to be construed as a commission, referral fee, or inducement for services provided or for participation in the program; and WHEREAS, the Lathrop Police Department wishes to enter into contract for tow services with multiple tow service providers to establish a tow rotation utilized by City of Ripon dispatch in the course of providing dispatch services to the City of Lathrop Police Department;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby adopt the Lathrop Police Department Tow Service Policies, attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby adopt associated fees related to participation in the tow rotation program, as outlined in Section II (B) of the Lathrop Police Department Tow Services Policies; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby find and determine that, based on the data, information, analysis, and oral and written evidence presented, the administrative charges identified in Lathrop 380
Police Department Tow Services Policies, Exhibit " B" to the City Manager' sReport, incorporated herein by reference, do not exceed the reasonable cost of providing the services for which they are imposed; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby authorize the City Manager to enter into contracts to maintain tow services with up to ( 5) tow service providers at any given time. 381
The foregoing resolution was passed and adopted this 12th day of January 2026, 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 382
EXHIBIT B
LATHROP POLICE DEPARTMENT
TOW SERVICE POLICIES
383
Table of Contents
I. Introduction 4
II. The Rotation Tow List. 4
A. In General 4
B. Fees for Participation in the Program 5
III. Tow Operations 5
A. Incident Commander Authority 5
B. Response to Calls 5
C. Response Times 6
D. Accident Scene Cleanup 6
E. Accidents Encountered in the Course of Business 6
F. Request for an Additional Operator 6
G. Operator' sTemporary Unavailability 7
H. Towing ofVehicles Owned by the City of Lathrop 7
I. Failure to Respond to Calls 7
IV. Qualifications and Duties ofOperators 7
A. Qualifications of Operators 7
B. Qualifications ofTow Truck Drivers 8
C. Tow Truck Classifications 8
D. Inspections 8
E. Insurance 8
V. Fees and Rates 9
A. In General 9
B. Validity and Reasonableness 9
C. Changing Rates 9
D. Determination ofRates 10
E. Cancellation of Services 10
F. Hourly Rates 10
a Fees for Special Operations 11
H. Storage Fees 11
I. Liens 11
VI. Business Operations 12
A. Storage Facilities 12
B. Location of Storage Facilities 12
C. Signage for Storage Facilities/ Business Office 12
D. Business Hours 12
E. Business License 13
F. Business Records 13
G. Business Advertising 13
384
VII. Removal of Personal Property and Cargo 14
VIII. Conduct and Behavior 14
A. Conduct and Demeanor 14
B. Conflicts of Interest. 15
C. Collusion 15
IX. Compliance and Disciplinary Actions 15
A. Compliance with the Law 15
B. Compliance with the Agreement. 16
C. Major Violations 16
D. Minor Violations 17
E. Disciplinary Action 18
X. Various Provisions 18
A. Agent. 18
B. Indemnification 18
C. Annual Meetings 18
D. Term 19
E. Midterm Review ofPolicies 19
XL Definitions 20
385
Lathrop Police Department
Tow Service Policies
I. INTRODUCTION
The Lathrop Police Department Tow Service Policies (the "Policies") contain the rules and regulations that Tow Company Operators (" Operators") must abide by in order to participate in the Lathrop Police Department Rotation Tow Program (the "Program"). Participation in the Program is voluntary. However, compliance with the terms and conditions set forth in the Policies is mandatory. Also, in order to participate in the Program, Operators must enter into a Lathrop Police Department Tow Agreement
II. THE ROTATION TOW LIST
A. IN GENERAL
The Lathrop Police Department ( the " Department") and the Lathrop Police Department Chief of Police (the " Chief of Police") have established a rotation tow list for each class of tow truck to facilitate the distribution of calls and meet the needs of the Department with regard to response time and availability oftow services. The Department will maintain separate rotation tow lists for each class of tow truck to ensure an equitable distribution of calls.
However, when in an officer' sopinion, a situation requires certain tow -related resources or services, and such resources or services are not available from the Operator at the top of the rotation tow list, the officer may select the next qualified Operator. In such an instance the Operator selected will be the next tow company on the list which has the qualifications ( such as the equipment, skills, availability and readiness) to provide the required resources and/ or services. After the request, the selected Operator will go to the bottom ofthe rotation tow list and remain there until it rotates back into its original position. Operators on the same list that were bypassed remain in the same order until they are selected for a rotation tow for which they are qualified.
A call to an Operator shall constitute one tum on the list and the Operator shall be moved to the bottom of the list. This includes situations when the Operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the Operator is not needed and is canceled by the Department, at any time up to or upon arrival at the scene, there shall be no charges, and the Operator will be placed back at the top of the list.
With regard to the private tow lists, if the vehicle' s owner or agent, prior to the Operator taking possession of the vehicle, cancels the Operator' sservices, there shall be no charges for towing. The Operator shall immediately contact the Depaituient and advise them of the
386
cancellation. The Operator will then be placed back at the top of the list.
B. FEES FOR PARTICIPATION IN THE PROGRAM
There shall be an annual fee of Three Hundred Dollars for participation in the Program.
The fee shall be used to cover the administrative costs of the implementation of the Program by the Department. In addition, there shall be a one- time One Hundred Dollar fee that must be submitted for each individual tow truck driver employed by an Operator that will participate in the Program. This fee shall cover the administrative expenses of the Department performing a background check on the individual to ensure his or her qualifications for the position. Please refer to Section IV( B) for a more detailed explanation.
III. TOW OPERATIONS
A. INCIDENT COMMANDER AUTHORITY
Command of Department resources at a police situation rests with the Lathrop Police Department' s
Watch Commander or the assigned senior officer. Such person has the authority to direct the operation and is responsible for its outcome.
The Lathrop Police Department Incident Commander may allow an Operator to dispatch more than one tow truck to a multi -vehicle collision scene in response to a rotation tow call. If two or more Operators are called to the same incident, distribution of vehicles shall be at the discretion of the Lathrop Police Department Incident Commander.
The Lathrop Police Department Incident Commander may direct a rotation tow Operator to move vehicles to help clear a
roadway or for lifesaving operations. Operators must provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not affect the Operator' sposition in the rotation.
B. RESPONSE TO CALLS
The Operator shall respond to the Department calls 24 hours a day, seven days a week, within the maximum response time limits as established by the Chief of Police. The Operator shall respond with a tow truck of the class required to tow the vehicle specified by the Lathrop Police Department' sCommunications Center. The Operator shall advise the Lathrop Police Department' s
Communications Center, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Operator is unable to respond or will be delayed in responding, the Operator shall immediately notify the Lathrop Police Department Communications Center. The Operator may not assign initial calls to other Operators.
Only the tow truck personnel and equipment requested shall respond to a Lathrop Police Department call. Additional tow truck personnel and equipment shall be at the approval of the Lathrop Police Department' sIncident Commander. This shall not preclude the Operator from responding to an incident to ascertain if additional assistance or equipment is required. There
387
shall be no additional charge for any personnel or equipment that is not necessary to perform the required service.
An Operator may not respond to a Department call assigned to another Operator unless requested to do so by the Department.
C. RESPONSE TIMES
The Chief of Police has determined the maximum response time, along with reasonable rates and minimum number oftrucks needed, within the City of Lathrop. The Chief of Police may establish a maximum radius for the location of a business office from which an Operator may provide services. An Operator must have a business office and storage facility located within the limit set by the Chief of Police.
1. The maximum response time for any request for a tow shall not exceed 30 minutes from the time the Operator accepts the call until the arrival of the tow at the requested site. •
2. Any vehicle towed shall be stored at a facility within twenty- five (25) miles of the City of Lathrop.
D. ACCIDENT SCENE CLEANUP
It shall be the responsibility of the responding tow truck driver to clear the roadway of any and all accident debris.
Furthermore, the Lathrop Police Department Incident Commander may direct an Operator to move vehicles to help clear a
roadway or for lifesaving operations. Operators must provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not affect the Operator' sposition in the rotation.
E. ACCIDENTS ENCOUNTERED IN THE COURSE OF BUSINESS
There may be times when an Operator, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a Department officer
requests the Operator' s assistance in clearing the roadway. In such a case, the Operator may be requested to move the vehicle to a safe location, as directed by the officer. The Operator may not charge for this assistance, and the assistance provided shall not change the Operator' splace in the rotation.
F. REQUEST FOR AN ADDITIONAL OPERATOR
When the initial Operator assigned by the Department requires the assistance of an additional Operator at the scene, the Operator assigned the initial call may request a specific Operator' sassistance. Prior to the request, the requested Operator must have a prior agreement with the Depaitinent, and the Lathrop Police Department Incident Commander must concur with the request. The additional Operator will then be notified by the Department.
388
G. OPERATOR' STEMPORARY UNAVAILABILITY
When an Operator will be temporarily unavailable to provide services due to a scheduled activity, e.g., vacation, maintenance, medical leave, the Operator must notify the Department at least 24 hours prior to the date that services will be unavailable, noting the exact times and dates ofthe unavailability.
H. TOWING OF VEHICLES OWNED BY THE CITY OF LATHROP
The Operator agrees, as a condition of participation in the Program, to tow all City of Lathrop Owned Vehicles at no charge to the City of Lathrop from where the vehicle is located to the Department Station, the City Corporation Yard, or any other location as designated by the Department. A request to tow a City Owned Vehicle by the Lathrop Police Department will not affect the position of the Operator' srotation position.
I. FAILURE TO RESPOND TO CALLS
Failure to respond to and/ or meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of the Program. The Chief of Police may take immediate disciplinary action for any such violations.
Any refusal to respond or to perform the required towing or service will subject the Operator to suspension, if deemed appropriate by the Department.
IV. QUALIFICATIONS AND DUTIES OF OPERATORS
A. QUALIFICATIONS OF OPERATORS
The Department requires that each Operator be in full compliance with and provide documentation that they have a current Tow Service Agreement with the California Highway Patrol and are in compliance with all City, County, and State laws and regulations.
Operators applying to participate in the Program must have minimum of three ( 3) years verifiable for hire towing experience, as an owner or principal. Operators already participating and having less than the required three years' experience are exempt from this provision.
Operators must also have a separate Tow Service Agreement with the Department, signed by the Operator and the Department, in order to be eligible to participate in the Program.
389
B. QUALIFICATIONS OF TOW TRUCK DRIVERS
The Department requires that each Operator submit a list of tow truck operators that it employs within thirty days of agreeing to abide by the Policies, or within thirty days from the date of hire of the tow truck operator. The participation of the individual tow truck drivers shall be subject to a background check by the Department of the tow truck operator, in order for the Department to ensure that such individual is qualified for such position, pursuant to California Vehicle code section 2432. 3. Operator must also inform the Department when a participating driver is no longer employed by Operator within thirty (30) days so the Department may maintain an updated list of active drivers.
C. TOW TRUCK CLASSIFICATIONS
An Operator shall equip and maintain tow truck( s) covered under these Policies as specified in their California Highway Patrol Tow Service Agreement.
D. INSPECTIONS
The California Highway Patrol provides not less than one annual inspection of all tow trucks at no charge to the Operator. The Department may conduct additional inspections without notice during normal business hours. The Operator shall not dispatch a tow truck ( to a Department call) that has not been inspected and approved by the California Highway Patrol or the Department.
E. INSURANCE
The Operator shall maintain the following minimum levels of insurance from an insurance carrier admitted in California or admitted in the state in which the Operator' sbusiness is located and is authorized to do business in California.
Minimum Level of Financial Responsibility ( as required by Section 34631. 5 of the California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than $ 750, 00 for Class A tow trucks. The combined limits for Classes B, C, and D shall not be less than $ 1, 000,00. These minimum standards are to include non -owned and hired auto coverage.
Uninsured Motorist - The legal minimum combined single limit shall be in accordance with the required minimums as set forth by City of Lathrop' s Risk Management Agency. The
Department shall supply such minimums upon request.
On -Hook Coverage - Insuring the vehicle in tow with limits based on the size of the tow truck.
a) Class A tow truck $ 25, 000
b) Class B tow truck $ 50, 000
c) Class C tow truck $ 100, 00
390
d) Class D tow truck $ 100, 00
Garage Liability includes premises and operations. Garage Keepers Liability shall be the same minimum as on -hook coverage for vehicles in the care, custody, and control ofthe Operator in the storage yard. Coverage for bodily injury and property damage must have a combined single limit of not less than $ 500, 00. Operators must carry Workers' Compensation Insurance in accordance with the legal minimum requirements.
Proof of insurance must be shown in the form of a certificate of insurance. Policy expiration or cancellation will immediately nullify the Operator' sparticipation in the Program. The Operator shall provide the Lathrop Police Department with a written notice in the event the insurance policy is canceled or is due to expire within 30 days.
The Operator' sremoving a vehicle from a hazardous materials incident to the nearest reasonable and safe stopping location will be considered to be transporting property subject to normal minimum insurance requirements of Section 34631. 5of the California Vehicle Code ( which outlines the minimum insurance requirements).
V. FEES AND RATES
A. IN GENERAL
Fees charged for response to calls originating from the Department shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person. The reasonableness of the fees charged shall be determined as described below.
The Department rates and fees shall be determined by the Chief of Police. The Chief of Police shall consider the average of all of the fees and rates submitted by all the Operators participating in the Program.
B. REASONABLENESS OF RATES
The Operator shall submit its hourly retail rate to the Department. The Chief of Police shall determine the validity and reasonableness of the submitted rates.
Reasonableness will be based upon telephone quotes, posted rates, charges to retail customers, and other such information. Any rate submitted in excess of an Operator' sretail rate will be considered invalid and will not be accepted. An Operator who submits an invalid rate shall not be allowed to resubmit a new rate and will be disqualified from the Program until the next enrollment period.
C. CHANGING RATES
In an effort to remain competitive in the open market, the Operator may lower retail rates
391
at any time by first notifying the Department. When an Operator lowers its retails rate, the Chief of Police shall take this into account in determining the Department rate. The Department rate may be changed at any time by the Chief of Police after an Operator' sretail rate is changed.
Operators may raise rates for non -Lathrop Police Department calls at any time. Any Operator who charges rates above its retail hourly rates or submitted rates for a Department call shall be in violation of the Policies and subject to disciplinary action, to be determined by the Chief ofPolice.
D. DETERMINATION OF RATES
The rate for towing shall be computed from portal to portal. Time expended shall be charged at a rate not to exceed the hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than five- minute ( 5) increments. There shall be no additional charges for mileage, labor, or other related charges. The Operator may charge up to a thirty- minute (30) minimum per call for base services. The Operator may charge up to a one -hour minimum per call for public safety response calls.
The Operator shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck.
Rates for a service call ( e.g., out of gas, lockouts, tire changes) shall be from portal to end of service and may be at the hourly rate with up to a
thirty -minute (30) minimum. Charges in excess
of thirty (30) minutes may be charged in no more than five- minute (5) increments.
E. CANCELLATION OF SERVICES
If an Operator begins to provide services, other than towing and/ or recovery services, and the vehicle owner or agent thereafter cancels the services, the Operator may charge a maximum of one half of the regular hourly service charge for time expended. For purposes of cancellation, service begins when actual physical work on the vehicle commences, not including Operator initial response time to drive to the vehicle.
F. HOURLY RATES
Hourly rates may be charged for the following:
Auxiliary Equipment, e.g., air bags, converter gear/ dolly, additional trailers, etc.
Contracted Equipment, e.g., airbags, converter gear/ dolly, additional trailers, forklifts, scoop loaders, etc.
Contract labor.
The Chief of Police shall determine the reasonableness of the fees for these types of operations. This determination shall be based upon the average of the proposed fees submitted and a comparison to industry standards for similar operations. Operators shall submit a mark- up
392
rate ( percentage of the cost to the Operator) for retail equipment and specialized labor not otherwise listed on the application.
If an Operator performs a service for which a
required rate was not submitted to, and
approved by, the Department, the Operator shall only be entitled to charge for the actual cost of that service. Example: For contract labor rate not submitted, the Operator may only charge for the actual rate paid for the labor. The total fees charged for after- hours release shall be no more than one and one- halftimes the hourly rate, and shall only be allowed outside posted business hours, which must be before 8 a. m. and after 6 p. m. on business days, weekends and holidays.
G. FEES FOR SPECIAL OPERATIONS
For special operations involving Class B, C, and D tow trucks, the Operator shall submit its proposed fees for vehicle recovery operations and load salvage operations to the Chief ofPolice.
Fees shall be reasonable and consistent with industry standards for similar operations. Charges in excess of thirty (30) minutes may be charged in no more than five- minute (5) increments.
H. STORAGE FEES
The Operator shall submit its proposed storage fees for inside and outside storage to the Chief of Police. The Chief of Police shall determine the validity and reasonableness ofthe fees for inside and outside storage, based upon the average of the proposed fees submitted by those applying for rotation.
The Operator shall display in plain view at all cashiers' stations a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate. Vehicles stored 24 hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day. The approved schedule ofrates charged by the Operator shall be available in the tow truck, and shall be presented upon demand to the person( s) for whom the tow services were provided, or its agent, or any Department officer at the scene.
Rate requirements represent the maximums an Operator may charge on a Department call. An Operator is not precluded from charging less when deemed appropriate by the Operator.
These requirements shall not be construed as requiring a charge when an Operator would not normally charge for such service. No Operator or employee shall refer to any rate as the minimum required or set by the Lathrop Police Department or by the Program.
I. LIENS
No lien shall arise for the service of a vehicle unless the Operator has presented a written statement to the vehicle' sowner or agent for the signed authorization of services to be performed. Moreover, the Operator shall not attempt to take possession of the vehicle in order to establish a lien for any non -towing services performed, or commenced and subsequently canceled, when Operator is not entitled to such lien by law. Formation and attachment of liens must be in accordance with California Civil Code section 3068. 1.
393
VI. BUSINESS OPERATIONS
A. STORAGE FACILITIES
The Operator shall be responsible for the security of vehicles and property at the place of storage. At a minimum, the Operator must place vehicles within a fenced or enclosed area. The Operator is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles.
Operators shall maintain sufficient storage facilities. The primary storage facility shall normally be at the same location as the business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/ or personal property shall be released at the primary storage facility or place of business ( even when the primary storage facility and the place of business are not at the same location) upon request of the owner or a person having a legal entitlement to the vehicle and/ or property. Prior to the utilization of new storage facilities that were not listed on the application for the Program, the Operator shall furnish the address and obtain the Chief of Police' sapproval. Secondary storage facilities shall be located reasonably close to the main business office.
B. LOCATION OF STORAGE FACILITIES
The primary storage facility shall normally be at the same location as the business address.
If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary storage location. The vehicle and/ or personal property shall be released at the primary storage facility or place of business ( when the primary storage facility and the place of business are not at the same location) upon request of the vehicle or property owner or his or her agent.
Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Operator shall furnish the address and obtain the Chief ofPolice' sapproval.
Secondary storage facilities shall be located reasonably close to the main business office.
C. SIGNAGE FOR STORAGE FACILITIES/ BUSINESS OFFICE
An Operator' splace of business shall have a sign that clearly identifies it to the public as a
towing service. The sign shall have letters that are clearly visible to the public from the street.
The sign must be visible at night.
D. BUSINESS HOURS
For the purpose of this Agreement, " normal business hours" shall not be less than 8 a. m. to 6 p. m., Monday through Friday, except for the following State recognized holidays: New Year' s Day, Martin Luther King Day, Lincoln Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after
394
Thanksgiving Day, and Christmas Day. Business hours shall be posted in plain view to the public.
Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/ property.
E. BUSINESS LICENSE
Operators must obtain and maintain a current City of Lathrop Business License. A copy of the current City ofLathrop Business License must be received each year no later than January 15th. If a current copy of the Operator' sCity ofLathrop Business License has not been received by January 15th of each year, the Operator may be immediately disqualified from participation in the Program. Operator may participate in the Program upon obtaining a current City of Lathrop Business License and all other requirements have been met.
F. BUSINESS RECORDS
The Operator shall maintain records at the Operator' s place of business of all tow services furnished by the Operator. The Department may inspect an Operator' srecords without notice during normal Business hours. Operators shall permit the Department to make copies of business records at their place of business, or to remove business records for the purpose of reproduction. The Department shall provide a
receipt for any (original) records removed from the
tow company' splace of business.
Records shall, at a minimum, include a description of vehicle, nature of service, start time, end time, location of call, and the itemized costs of towing and storage. Records for each call shall indicate the tow truck driver' s name and the truck used. The Operator shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, FCC licensing, and non- Department tows. Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement. Failure of the Operator to comply with the inspection requirements shall be grounds for forfeiture of participation in the Program, if deemed appropriate by the Chief of Police.
G. BUSINESS ADVERTISING
The operator shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the Department. Examples include, but are not limited to, "Official Lathrop Police Department Tow," "Approved by Lathrop Police Department," and " Lathrop Police Department Rotation Tow."
However, the Department may still implement a system to mark and identify particular tow trucks as having passed the Department inspection and as being eligible to participate in the Program. A violation of this section is cause for suspension. At a minimum, the suspension will be for the duration of the advertisement.
395
VII. REMOVAL OF PERSONAL PROPERTY AND CARGO
The Operator shall obtain approval from the Department prior to the removal of any personal property from a stored or impounded vehicle and shall provide a receipt specifying all items removed, with a
copy of the receipt placed in the stored vehicle. The requirement to obtain approval from the Department prior to the removal of property may be excused by the Chief of Police if it is determined that proper safeguards and procedures are utilized by the Operator. The requirement to first obtain Department approval may not be waived in cases where a vehicle has been impounded for evidence or investigation.
Upon approval by the Department and at the request of the vehicle owner or his/er agent, the Operator shall release personal property from an impounded vehicle. For stored vehicles, personal property shall be released upon the request of the vehicle owner or agent.
There shall be no charge for the release of personal property during normal business hours.
Operators may charge an after- hours release fee for property released after normal business hours. The fees charged shall be consistent with the after- hours vehicle release provisions.
Cargo shall be released upon demand ofthe carrier orpursuant to a court order.
VIII. CONDUCT AND BEHAVIOR
A. CONDUCT AND DEMEANOR
While involved in the Program, the Operator shall refrain from any acts of misconduct, including but not be limited to any ofthe following:
1. Rude or discourteous behavior.
2. Lack ofservice, selective service, or refusal to provide service which the Operator is or should be capable ofperforming.
3. Any act of sexual harassment or sexual impropriety.
4. Unsafe driving practices.
5. Exhibiting any objective symptoms of alcohol and/ or drug use.
6. Appearing at the scene of a Lathrop Police Department rotation tow call, with the odor of an alcoholic beverage emitting from his/er breath.
The Operators shall submit to a preliminary alcohol screening test upon demand of the Department.
All tow service complaints received by the Department against an Operator or its employee( s) will be accepted and investigated in a fair and impartial manner. As a result of the investigation, the Depaitnient may initiate disciplinary action as deemed appropriate. In any
396
event, the Operator will be notified of the results of any investigation.
If an Operator' s behavior warrants a criminal investigation and/ or prosecution, the Department may proceed to investigate and recommend prosecution. Any violation of this element is cause for suspension, if deemed appropriate by the Chief of Police.
B. CONFLICTS OF INTEREST
No Operator or applicant shall be directly involved in the towing -related business of any other Operator or applicant within the City of Lathrop towing area. " Directly involved" shall mean shared use between the Operators or applicants with regard to any of the following: 1) business licenses; 2) insurance; 3) tow truck or equipment ownership; and 4) employees.
Storage facilities owned by an Operator, and shared with another Operator, shall only be approved if the Operator charges for the space exclusively on a flat monthly rate rather than a vehicle -by -vehicle basis, or combination thereof. Facilities shared by Operators shall be physically separated and secured from each other. The Chief of Police may waive this requirement if deemed appropriate.
The sale or transfer of the controlling interest in business of an Operator shall immediately terminate Operator' s participation in the Program. The new owner( s) may apply to participate in the Program at any time during the remainder of the current term, regardless of the City' senrollment period. A violation of this element is cause for suspension, if deemed appropriate by the Chief of Police.
C. COLLUSION
An Operator or applicant Operator shall not conspire or collude, or attempt to conspire or collude, with any other Operator or applicant Operator for the purpose of establishing an unfair outcome regarding rates or conditions to the Program.
Examples of "collusion" include, but are not limited to, 1) conspiracy by an Operator to establish artificially high or low rates for services performed; 2) conspiracy or attempt to circumvent the midterm review process as described in the Midterm Review Process section of this Policy; or3) in any other action taken to circumvent application of the Policy.
A finding by the Department that any Operator or applicant has been involved in collusion shall be cause for denial of an application and shall disqualify the Operator from participating in the Program for the current term, plus three years.
IX. COMPLIANCE AND DISCIPLINARY ACTIONS
A. COMPLIANCE WITH THE LAW
The Operator and its employees shall, at all times, comply with federal, state, and local
397
laws and ordinances, which include, but are not limited to, those laws which are applicable to the Operator.
In the event of a minor traffic violation by the Operator, which is known by the Department, the Operator shall be advised of the violation by the Lathrop Police Department. The Operator will be granted the opportunity to take necessary steps to ensure that its driver is in compliance with law. Any subsequent traffic violation may be cause for disciplinary action against the Operator and/ or the involved employee. Any flagrant traffic violation may be cause for immediate disciplinary action against the Operator and/ orthe involved employee.
Any conviction of Operator' s employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony driving while under the influence of alcohol and/ or a drug, misdemeanor driving while under the influence of alcohol and/ or a drug while involved in a Program tow call, or moral turpitude shall be cause for the removal of the Operator' semployee from the Program.
An Operator or his or her employee who is arrested and/ orcharged for a violation involving any of the above crimes may be suspended until the case is adjudicated. The provisions contained herein do not preclude the Department from taking appropriate enforcement or administrative action for any violations of law.
B. COMPLIANCE WITH THE AGREEMENT
The Operator agrees, as a condition of participation in the Program, to comply with the terms and conditions of the Program Policies outlined herein. Furthermore, the Operator agrees that the failure to comply with these terms and conditions shall be cause for written reprimand, suspension, or termination from the Program. Alleged Operator violations of the Program Policies will
findings
be investigated
within 30 days
by
after
the Department,
the conclusion
and
of
the
the investigation.
Operator will be notified of the Department' s
C. MAJORVIOLATIONS
Violations of the terms and conditions ofthe Program Policies that are subject to suspension for the first violation are categorized as a major violation. Any subsequent or continuing major violations may be cause for termination. When considering punitive action for a major violation of the Policies, the Chief of Police may take into consideration all major and minor violations that occurred within 36 months prior to the date of the current violation.
Termination shall be invoked if, in the Chief of Police' sjudgment, continued participation in the Rotation Tow Program by the affected tow Operator may result in a hazard to public safety or welfare, or if the Operator has been convicted of a crime. In lieu of termination, the Lathrop Police Department may impose additional suspensions for longer periods, if deemed appropriate.
398
Major violations include:
1. The failure of the Operator to maintain the minimum insurance requirements as set forth in Section IV( D) of the Policies.
2. The refusal to respond to or perform the required towing service when directed as set forth in Section II1() of the Policies.
3. The failure to meet the inspection requirements as set forth in Section IV( C) of the Policies.
4. The submission to the Department or to a vehicle owner of an unreasonable rate as set forth in Section V (Fees and Rates) ofthe Policies.
5. The failure to obtain and maintain a current City ofLathrop business license by January 15th of each year as set forth in Section VI( E) of the Policies.
6. The failure to comply with the business records requirements as set forth in Section VI( F) of the Policies.
7. The failure to comply with the business advertising requirements as set forth m Section VI( G) of the Policies.
8. The failure to comply with the Conduct and Behavior requirements as set forth in Sections VIII( A)-( C) of the Policies.
9. A violation of any ofthe equipment requirements related to public safety.
10. A failure of the Operator to satisfy a court order mandating reimbursement to the vehicle or property owner for damage or loss which occurred while the vehicle was in the Operator' scustody.
11. A violation of the Gross Vehicle Weight Rating (" GVWR") and safe loading requirements of a tow truck.
12. A violation of the Biennial Inspection of Terminals (" BIT") Program requirements D. MINOR VIOLATIONS
Except as specifically stated in the Agreement, minor violations of the terms and conditions of the Agreement may be cause for disciplinary action in the following manner.
1. First violation within a 12 -month period - Letter ofwritten reprimand.
2. Second violation within a 12 -month period — Thirty -day (30) suspension.
399
3. Third violation within a 12 -month period - Sixty to Ninety (60 to 90) day suspension.
4. Fourth violation within a 12 -month period - Removal from the Program.
In lieu of a
termination, the Lathrop Police Department may impose additional suspensions for longer periods, if deemed appropriate. Nothing herein shall be deemed to prohibit the Lathrop Police Department from immediately suspending any Operator whose conduct, or that of his/er employee( s), in the discretion of the Chief of Police, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a
flagrant violation of the Policies or the Tow
Service Agreement.
E. DISCIPLINARY ACTION
The Chief of Police shall take disciplinary action against Operators for violations investigated and confirmed or sustained. The Chief of Police shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement. Records of violations shall be retained by the Lathrop Police Department for at least 36 months.
An Operator tow driver, while on -duty and driving a tow truck, who is arrested and subsequently convicted for misdemeanor driving under the influence of alcohol and/ or drugs, will be subject to suspension from participating as a tow truck driver under the provisions of this Agreement. The length of suspension will be at the ChiefofPolice' sdiscretion.
Ifthe Operator is serving a suspension for one year or more, the Operator shall be required to comply with all terms and conditions of the current Tow Service Agreement and Policies at the time of the reinstatement. There will be no approval of equipment that is not in compliance with the equipment specifications contained in the Policies at the time of reinstatement.
X. VARIOUS PROVISIONS
A. AGENT
An Operator by agreeing to participate in the program is not acting as an agent for the Lathrop Police Department or the City of Lathrop when performing services under the Program.
Thus, the Operator has no authority to make agreements, decisions, or any other action on behalf of the Department or the City of Lathrop. Moreover, the Department and the City of Lathrop are not liable for any intentional or negligent act on the part of the Operator.
B. INDEMNIFICATION
Operator agrees to indemnify, defend and save harmless the City of Lathrop, the Department, its officers, agents, and employees from any and all claims and losses accruing to or resulting from the actions by the Operator or the City of Lathrop or the Department in connection with the performance of the Program. The Operator also agrees to indemnify, defend, and
400
save harmless the City of Lathrop, the Department, its officers, agents, and employees and from any and all claims and losses accruing or resulting to any person, firm, or Corporation who may be injured or damaged by the Operator in the performance of this Program.
C. ANNUAL MEETINGS
The Chief of Police may conduct an annual meeting to discuss issues concerning the tow rotation. Attendance at the annual meetings shall be mandatory for the Operator or his/er designee.
The Lathrop Police Department shall provide the Operator with 30 days' written notice prior to such a meeting.
D. TERM
The term of the Policies and the Tow Service Agreement shall be one ( 1) year. Both the Policies and the Tow Service Agreement are renewable every January of each year.
E. MIDTERM REVIEW OF POLICIES
The purpose of this section is to provide a
process for a midterm review of the terms and
conditions of the Policies in the event that there is a legitimate and substantial change in conditions
or law affecting the majority of the Operators participating in the Program.
Examples of such conditions may include, but are not limited to:
1) Substantial increase or decrease in business expenses. 2) Advances in technology in the industry related to safety issues. 3) Changes in law requiring the Department or the Operators to perform specific functions or operations in order to comply.
4) Changes in the terms and conditions of the Agreement brought about as a result of recommendations from the Tow Service Agreement Advisory Committee. 5) Proposed changes to the terms and conditions agreed upon by the Chief of Police and the Operators at the time that the Agreement was signed ( e.g. response times).
A midterm review of the terms and conditions of the Policies may only be granted by the Chief of Police. A request for a midterm review ofthe terms and conditions of the Agreement must be directed to the Chief of Police, in writing, from a
representative of the towing industry, not
merely at the request of a single Operator. The Chief of Police may also request a midterm review if he/ she feels it is in the best interest of the motoring public, the tow industry, or the Department to conduct such a review. However, conditions indicating a need for midterm review must be substantial and must affect the entire towing industry or the Lathrop Police Department.
401
For purposes of this agreement, the midterm review process is not intended to provide relief for a small number of Operators who wish to increase their rates or change any other term or condition of the Agreement, to compensate for financial problems brought about as a result of business decisions or conditions which affect a small percentage of the industry.
The Chief ofPolice, after completing the review of all issues, may authorize the Operators to submit their proposed changes or he/ she may notify the Operators of the changes to be implemented and direct them to comply with those changes. If, after evaluating all pertinent information the Chief of Police authorizes or directs a change in the terms and conditions of the Policies, or ifhe/ she decides that a change is not justified, the Chief ofPolice shall notify the towing industry representative within 14 calendar days after making the decision.
Operators shall resubmit their proposed changes in writing to the Chief of Police within 7 calendar days ofthe date that the Chief of Police announces his/er decision. Failure to resubmit a written proposal within the specified time may result in the Operator forfeiting his/er ability to propose more equitable conditions or rates or may be cause for disciplinary action or termination of participation in the Program.
If the proposed change affects tow rates only, Operators shall resubmit their proposed rates.
The Chief of Police shall determine the reasonableness of the rate, based upon the average of the proposed rates submitted. An additional page with the new rate( s) shall be signed and attached to the original application.
In the event that the towing industry representative is dissatisfied with the Chief of Police' s decision regarding the midterm review, the towing industry, through its representative, may request a hearing by submitting a
request in writing to the Chief of Police within 7 calendar days. If a hearing is requested, it shall be conducted by the Chief of Police, or his/er designee, as soon as practicable. The number ofrepresentatives at the hearing shall be limited to a maximum of two.
The representative( s) shall be entitled to present all relevant factors and circumstances in support of the industry' sposition. A designated representative shall be notified in writing of the decision of the Chief of Police within 7 calendar days of the date of the hearing. The decision of the Chief of Police is final.
XI. DEFINITIONS
A. CARGO
Cargo includes business commodities, goods, and supplies in transit.
B. CITY OWNED VEHICLE
A vehicle owned, leased or rented and used by the City ofLathrop, or any of its departments or agencies.
402
C. CITY OF LATHROP CORPORATION YARD
The corporation yard for the City of Lathrop located at:
2112 E Louise Ave
Lathrop, CA 95330
D. DEPARTMENT STATION
The Department Station located at:
Lathrop Police Department
940 River Islands Parkway
Lathrop, CA 95330
E. INCIDENT COMMANDER
The Incident Commander is the Police Officer who is in charge of a specific major accident or incident.
F. OPERATOR
An Operator is a tow truck company that has a Tow Service Agreement with the Department and that has satisfied the qualifications and requirements as stated in the Policies. Where applicable, an Operator also includes the Operator' s employees.
G. PERSONAL PROPERTY
Personal property are items which are not affixed to the vehicle. Personal property includes, but is not necessarily limited to, papers, transportable cellular telephones, pull- out radios, portable radios and portable stereo equipment, clothes, luggage, and tools.
H. DEPARTMENT COMMUNICATION CENTER
The Lathrop Police Department' s
Communications Center is located within the City ofRipon Police Dispatch Center, located at 259 N Wilma Ave, Ripon, CA 95366. It is responsible for all incoming and outgoing calls with the public and with Department officers.
I. RISK MANAGEMENT AGENCY ( RMA)
The RMA is the insurance program for the City of Lathrop and for the Department.
403
J. TOW SERVICE AGREEMENT
The agreement specific to the Department and the Operator for the Operator to participate in the Tow Rotation Program.
K. WATCHCOMMANDER
The Watch Commander is the Police Officer who is in charge of a specific shift.
404
EXHIBIT C
CITY OF LATHROP
TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW
ROTATION PROGRAM
THIS AGREEMENT, dated for convenience this day of MONTH YEAR is by and between OPERATOR NAME, (" OPERATOR"), and the CITY OF LATHROP, a California municipal corporation (" CITY").
RECITALS:
WHEREAS, from time to time, the Lathrop Police Department requires the use of tow services for itself or for third parties, either in the course of operations or for emergency services; and
WHEREAS, the Lathrop Police Department Chief of Police has established a rotation tow list for each class of tow in order to properly distribute and select a tow company when such tow services are required pursuant to Police Powers and California Vehicle Code section 12110( B); and
WHEREAS, selection is made in accordance with the Lathrop Police Department Tow Rotation Program, the terms of which are described in the Lathrop Police Department Tow Policies (" POLICIES"), hereby attached as Exhibit " A"; and WHEREAS, OPERATOR' Sparticipation in the Tow Rotation Program is voluntary, but in order for OPERATOR to be eligible to participate in the Tow Rotation Program, OPERATOR must agree to and abide by the terms set forth in this Agreement and in the POLICIES; and
NOW, THEREFORE, OPERATOR and the CITY agree as follows:
AGREEMENT
1) Scope of Service
OPERATOR agrees to perform services in accordance with the POLICIES provided by the CITY, attached hereto as Exhibit "A", and incorporated herein by reference. OPERATOR agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' ssatisfaction. 2) Fees
a) OPERATOR agrees to pay a Three Hundred Dollar ($ 300. 00) annual fee for participation in the Tow Rotation Program to cover administrative 405
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
costs of the program implementation incurred by the CITY. This fee may be adjusted from time to time.
b) OPERATOR agrees to pay a One Hundred Dollar ($ 100. 00) fee for every tow truck driver employed by the OPERATOR participating in the program. The fees must be paid within Thirty (30) days from the Effective Date, or if the tow truck driver is hired after the Effective Date, within Thirty ( 30) days from the date of hire. This is a one- time fee per tow truck driver for the Department to perform a background check on the driver to ensure qualification. This fee may be adjusted from time to time. 3) Effective Date and Term
The effective date of this Agreement is DATE, and it shall be for a term ending December 31, 20_. CITY and OPERATOR shall agree to renew each January thereafter, given all requirements have been met and the annual fee has been paid by DATE.
4) Independent OPERATOR Status
It is expressly understood and agreed by both parties that OPERATOR, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent OPERATOR and not an employee of the CITY.
OPERATOR expressly warrants not to represent, at any time or in any manner, that OPERATOR is an employee of the CITY.
5) Non -Transferable
This Agreement and the services stated herein are exclusive to the OPERATOR stated above, and are not transferrable or assignable to any other OPERATOR, person or entity. The sale or transfer of the controlling interest by OPERATOR in its company shall immediately terminate the Agreement. A new owner may apply to the Tow Rotation Program at any time during the remainder of the current Agreement Term or thereafter.
6) Participation in the Rotation Program
In return for the OPERATOR' Scompliance with this Agreement and with the Policies, the CITY will include OPERATOR on the rotation tow list in accordance with the Policies.
7) Position on the Rotation List
A call to an OPERATOR shall constitute one turn on the list, after which the OPERATOR shall be moved to the bottom of the list. This includes when the
406
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
OPERATOR fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the OPERATOR is not needed and is canceled by the CITY, at any time up to or upon arrival at the scene, there shall be no charges, and the OPERATOR will be placed back at the top of the list. 8) Department Discretionary Authority
Nothing in this Agreement or in the Policies shall prohibit a Department officer from requesting a specific tow company when, in the officer' sdiscretion, the situation calls for resources or services that cannot be provided by the tow company that would otherwise have first priority under the Tow Rotation Program. 9) Emergency Situations
The Lathrop Police Department Incident Commander may direct an OPERATOR to move vehicles to help clear a
roadway or for lifesaving operations. OPERATOR
must provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not affect the OPERATOR' Sposition in the rotation.
10) Accident Scene Incurred in the Ordinary Course of Business There may be times when an OPERATOR, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a
Department officer requests the OPERATOR' Sassistance in clearing the roadway. In such a case, the OPERATOR may be requested to move the vehicle to a safe location, as directed by the officer. The OPERATOR may not charge for this
place
assistance,
in the rotation.
and the assistance provided shall not change the OPERATOR' S 11) City of Lathrop Vehicles
The OPERATOR agrees, as a condition of participation in the Tow Rotation Program, to tow all City of Lathrop owned vehicles at no charge to the City of Lathrop from where the vehicle is located to the Department Station, the City Corporation Yard, or any other location as designated by the CITY. A request to tow a City Owned Vehicle by the Lathrop Police Department will not affect the position of the OPERATOR' Srotation position.
12) Limitation on Rates
In an effort to remain competitive in the open market, the OPERATOR may lower retail rates at any time by first notifying the CITY. When an OPERATOR lowers its retail rate, that retail rate becomes the new approved CITY rate. OPERATORS
407
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
may only raise rates for CITY calls upon approval by the CITY. OPERATORS may raise rates for non -Lathrop Police Department calls at any time. 13) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of OPERATOR, its employees, agents, or sub operators by federal or state law, OPERATOR warrants that such license has been obtained, is valid and in good standing, and OPERATOR shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
14) Business License Requirement
The OPERATOR must obtain and maintain a current City of Lathrop Business License. A copy of the current City of Lathrop Business License must be received each year no later than January 15th. If a current copy of the OPERATOR' SCity of Lathrop Business License has not been received by January 15th of each year, the OPERATOR may be immediately disqualified from participation in the Tow Rotation Program. Operator may participate in the Program upon obtaining a current City of Lathrop Business License and all other requirements have been met.
15) Insurance Requirement
Proof of insurance must be shown in the form of a certificate of insurance in the amounts specified in the Policies. Insurance policy expiration or cancellation will immediately nullify the OPERATOR' Sparticipation in the Tow Rotation Program.
The OPERATOR shall provide the Lathrop Police Department with a written notice in the event the insurance policy is canceled or is due to expire within Thirty ( 30) days.
16) Indemnification - OPERATOR' SResponsibility
Notwithstanding anything contrary to anything contained in the Agreement OPERATOR agrees to defend and hold City of Lathrop harmless from and against any and all loss, cost, liability and expense from third party claims where any equipment provided and installed by OPERATOR hereunder is the sole and direct cause of any property damage or personal injury ( as opposed to cases where failure or malfunction of the system merely contributes to a loss or injury started from another source), or where an employee of OPERATOR causes personal injury or property damage in performing the installation or servicing of equipment while on User' s premises or where the loss or injury is caused by negligent acts or omissions of installers or maintenance personnel of OPERATOR, constituting intentional and willful misconduct. User shall indemnify, defend, protect and hold
408
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
OPERATOR harmless from and against any and all property loss claims including all third party property losses except where any equipment provided and installed by OPERATOR hereunder is the sole and direct cause of any property damage or personal injury ( as opposed to cases where failure or malfunction of the system merely contributes to a loss or injury started from another source), or where an employee of OPERATOR causes personal injury or property damage in performing the installation or servicing of equipment while on User' spremises or where the loss or injury is caused by negligent acts or omissions of installers or maintenance personnel of OPERATOR, constituting intentional and willful misconduct.. For any third -party losses where OPERATOR' sactions while on site are the sole and direct cause of aforesaid loss vs equipment or monitoring failure, OPERATOR has the duty to defend as set forth in Section 2778 of the California Civil Code. 17) Conflict between the Agreement and the Policies
The OPERATOR must fully comply with all terms contained in this Agreement and in the Policies as amended from time -to -time. However, this Agreement is the controlling document if there is a conflict between the Agreement and the Policies. 18) Termination
Either CITY or OPERATOR may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the OPERATOR shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon OPERATOR' Sdelivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to OPERATOR or prepared by or for OPERATOR or the CITY in connection with this Agreement.
19) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
409
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: Lathrop Police Department
Chief of Police
940 River Islands Parkway
Lathrop, CA 95330
To Operator:
20) Miscellaneous
MAIN: (209) 647-400
FAX: ( 209) 647-428
OPERATOR NAME
OPERATOR ADDRESS
OPERATOR ADDRESS
OPERATOR PHONE NUMBER
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in
410
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
the Agreement and shall be deemed to be part of this Agreement. g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.
All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
k) Status of OPERATOR. In the exercise of rights and obligations under this Agreement, OPERATOR acts as an independent
OPERATOR and not as an agent or employee of CITY. OPERATOR shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and OPERATOR expressly waives any and all claims to such right and benefits.
Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder,
411
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non -prevailing party.
21) Notice to Proceed
Prior to commencing work under this agreement, OPERATOR 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. 22) 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 OPERATOR and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
412
EXHIBIT C
CITY OF LATHROP - TOW SERVICE AGREEMENT WITH OPERATOR NAME FOR
PARTICIPATION IN CITY OF LATHROP POLICE DEPARTMENT TOW ROTATION
PROGRAM
Approved as to Form:
Recommended for Approval:
Approved By:
OPERATOR:
City of Lathrop
City Attorney
Salvador Navarrete Date
City of Lathrop
Chief of Police
Stephen Sealy Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
OPERATOR NAME
OPERATOR ADDRESS
OPERATOR ADDRESS
Fed ID #
Business License #
Signature Date
Print Name and Title)
Signature Date
Print Name and Title)
413
PAGE LEFT
INTENTIONALLY
BLANK
414
ITEM 4. 11
CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY EMERGENCY SERVICE CONTRACT WITH
ADVANCED INTEGRATION & CONTROLS TO PROVIDE
TECHNICAL SERVICES AND SUPPORT FOR CONTROL
SYSTEMS HARDWARE AND SOFTWARE
RECOMMENDATION: Adopt a Resolution to Ratify an Emergency Service Contract with Advanced Integration & Controls to
Provide Technical Services and Support for Control
Systems Hardware and Software
SUMMARY:
The emergency service contract that includes an initial assessment along with maintenance service and on -call support with Advanced Integration & Controls ( AIC) was initiated due to the termination of the previous contract for support services related to the City' s Supervisory Control and Data Acquisition ( SCADA) system on December 11, 2025. The SCADA system provides continuous, 24 -hour monitoring and control of the City' s
water facilities and river discharge process, both of which are governed by State and Federal environmental regulations The City Manager signed the Emergency Service Contract on November 20, 2025, with AIC to provide technical services and support for controls systems hardware and software prior to the termination of the previous contract to ensure continuity of services and preservation of property. Uninterrupted support services for these facilities is critical due to the critical necessity to maintain the water utility stations and wells throughout the City. Staff requests City Council ratify the service contract with AIC to provide technical services and support for control systems hardware and software in the amount of $ 234, 400, through June 30, 2026. Sufficient funds have been included in the approved budget for fiscal year ( FY) 25/6 annual expense.
BACKGROUND:
The City of Lathrop' s Supervisory Control and Data Acquisition ( SCADA) System monitors and controls the City' scommon infrastructure in the following utility groups:
Water system, Storm Water system, Wastewater system, and Recycled Water system equipment. The river discharge process is a critical and highly regulated operation, overseen by the State Water Resources Control Board ( SWRCB) and subject to Environmental Protection Agency ( EPA) standards. Any disruption or system failure could place the City at risk of non- compliance with these regulations and threaten essential public health and environmental protections.
415
CITY MANAGER' SREPORT PAGE 2
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
RATIFY SERVICE CONTRACT WITH ADVANCED INTEGRATION & CONTROLS
TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL SYSTEMS
HARDWARE AND SOFTWARE
The SCADA system is composed of both hardware and software components that monitor and control the wells, booster stations, lift stations and pump stations for the City' s storm drainage, water, wastewater and recycled water systems. The SCADA system allows staff to remotely monitor processes and production of the City' s infrastructure by providing real- time data visualization and alarms of City Infrastructure, to help improve production efficiency.
The contract with AIC guarantees 24 -hour availability and includes a two- hur emergency response commitment to ensure uninterrupted operation of the City' s critical systems. The terms of this contract further stipulate that AIC is required to provide a minimum credit of $ 1, 000 for any instance in which AIC fails to respond to an emergency support call within the two- hour window, ensuring accountability and operational reliability.
The contract with AIC includes all the water station facilities while the previous agreement only allowed for maintenance and repair of a portion of the City' sfacilities.
The funding for the contract with AIC is sufficient as no maintenance work has been completed by the vendor previously under contract for these services since January of 2025. Therefore, no maintenance invoices have been issued for this fiscal year and there are sufficient funds for this expense.
At the request of staff, AIC submitted a proposal for technical and support services which includes an initial assessment to establish remote capability, preventative and break fix services at all water facilities for a total cost not to exceed $ 234, 400.
Due to the critical necessity to maintain the water utility stations and wells throughout the City, the City Manager signed the Emergency Service Contract on November 20, 2025. Pursuant to Lathrop Municipal code ( LMC) 2. 36. 080( a), the emergency service contract is vital to preserving property, protecting public health and ensuring compliance with environmental and municipal requirements. The City Manager signed the emergency contract with AIC prior to the termination of the previous contract to ensure continuity of support services for these vital City facilities.
Staff recommends City Council ratify the Emergency Service Contract to provide Technical Service and Support with AIC for the Supervisory Control and Data Acquisition ( SCADA) System for a total cost not to exceed $ 234, 400 through June 30, 2026.
REASON FOR RECOMMENDATION:
The SCADA Water system, Storm Water system, Wastewater system, and Recycled Water system computer equipment requires a level of technical skill that the City does not have. The SCADA Technical Services and Support Agreement with AIC is necessary to avoid interruption and to ensure efficient and effective operation of the City' s
SCADA system.
416
CITY MANAGER' S REPORT PAGE 3
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
RATIFY SERVICE CONTRACT WITH ADVANCED INTEGRATION & CONTROLS
TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL SYSTEMS
HARDWARE AND SOFTWARE
FISCAL IMPACT:
The annual costs to provide SCADA technical and support services are budgeted in the Council approved operating budget for the various districts. The SCADA Support contract is allocated to each of these districts based on their usage of the SCADA technical and support services.
ATTACHMENTS:
A. Resolution to Ratify an Emergency Service Contract with Advanced Integration & Controls to Provide Technical Services and Support for Control Systems Hardware and Software
B. Emergency Service Contract with Advanced Integration & Controls to Provide Technical Services and Support for Control Systems Hardware and Software 417
CITY MANAGER' S REPORT PAGE 4
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
RATIFY SERVICE CONTRACT WITH ADVANCED INTEGRATION & CONTROLS
TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL SYSTEMS
HARDWARE AND SOFTWARE
APPROVALS:
ernandes Date
Information Systems Director
171-? 1 tr 1..). 12 / ! id / 10 z4
Cari James Date
Finance Director
it)H) 2u2'
Thomas Hedegard Date
Deputy City Manager
2- f7- Zo1-
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
418
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
EMERGENCY SERVICE CONTRACT WITH ADVANCED INTEGRATION &
CONTROLS TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL
SYSTEMS HARDWARE AND SOFTWARE
WHEREAS, the previous contract to provide technical services and support for control systems hardware and software terminated on December 11, 2025; and WHEREAS, maintaining continuous operation of the SCADA and river discharge systems is vital to preserving property, protecting public health, and ensuring compliance with environmental and municipal requirements; and WHEREAS, pursuant to LMC 2. 36. 080( A), the emergency service contract with AIC for on -call support along with preventative maintenance of the SCADA systems is necessary to preserve property and maintain essential public services; and
WHEREAS, the City Manager signed the Emergency Service Contract on November 20, 2025, with AIC to provide technical services and support for controls systems hardware and software in the amount of $ 234, 400, through June 30, 2026; and
WHEREAS, funding for the proposed contract with AIC is sufficient as no maintenance work has been completed by the vendor previously under contract for these services since January of 2025; and
WHEREAS, staff recommends City Council ratify the Emergency Service Contract to provide Technical Service and Support with AIC for the Supervisory Control and Data Acquisition ( SCADA) System for a total cost not to exceed 234, 400, through June 30, 2026;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the Emergency Service Contract to provide Technical Service and Support with AIC for the Supervisory Control and Data Acquisition ( SCADA) System for a total cost not to exceed $ 234, 400, through June 30, 2026. 419
The foregoing resolution was passed and adopted this 12th day of January 2026, 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 420
Office of the City Manager
Attachment " B"
390 Towne Centre Dr. - Lathrop, CA 95330
Phone ( 209) 941- 7220 - fax (209) 941- 7248
www. ci. lathrop. ca. us
NOTICE TO PROCEED
November W, 2025
Advanced Integration & Controls
Attn: Shain Thomas
525 W. Alluvial Avenue
Fresno, CA 93711
Dear Ms. Thomas:
Enclosed please find your original executed emergency service contract to provide technical services and support for control systems hardware and software. This is your Notice to Proceed to the attached service contract.
Should you have any questions regarding the project, please contact Tony Fernandes at 209) 941- 7349, the staff member directly involved with this project.
Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
421
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
EMERGENCY SERVICE CONTRACT BETWEEN THE CITY OF
LATHROP AND ADVANCED INTEGRATION & CONTROLS
TO PROVIDE TECHNICAL SERVICES AND SUPPORT FOR CONTROL
SYSTEMS HARDWARE AND SOFTWARE
THIS EMERGENCY SERVICE CONTRACT ( hereinafter " Contract") dated for November ye> 2025 is by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter " City") and Advanced Integration & Controls hereinafter "Consultant"), whose Taxpayer Identification Number is 33- 1475345 For and in consideration of the following covenants, terms and conditions, City and Consultant ( the parties) agree:
SCOPE OF WORK
Consultant agrees to provide Technical Services and Support for Control Systems Hardware and Software with the City' sstandard in accordance with the scope of work and fee proposal provided by the Consultant, attached hereto as Exhibit " A" and Exhibit B" and incorporated herein by reference. Consultant agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' s satisfaction.
When paid in full at the beginning of the emergency service contract term, the CITY is entitled to listed contract rates, priority response, and guaranteed a one -hour call back response time during normal business hours, and a two- hur call back response time after normal working hours with a $ 1, 000 credit for each missed response. These rates and terms are identified in Exhibit " A".
CONTRACT PRICE
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 154, 800, for maintenance and support services as identified and set forth in Exhibit "A" and a sum not to exceed $ 50, 000 for on -call emergency services on a time and materials basis as described in the rate sheet listed on Exhibit " A" for emergency support services. CITY hereby agrees to pay CONSULTANT a one- time fee for not to exceed $ 38, 600 for an initial assessment as identified and set forth in Exhibit " B". Total contract amount shall not exceed $ 243, 400. CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work.
422
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
EMERGENCY SERVICE CONTRACT
ADVANCED INTEGRATION & CONTROLS PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
TIME FOR PERFORMANCE
The effective date of this Agreement is November W , 2025, and shall terminate no later than June 30, 2026. Additional extensions of this agreement beyond June 30, 2026 shall not be automatic and shall require a separate letter extending the agreement based upon the agreement of the parties at that time.
PERMITS; COMPLIANCE WITH LAW
The Consultant 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 Consultant 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, if required by City, be uncovered for examination at the Consultant' 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 the following manner.
a) If the 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;
b) if the notice is given to the Consultant, by personal delivery thereof to said Consultant 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 Consultant at the address set forth in the Consultant' sBid postage prepaid and certified; or
c) If the 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
423
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
EMERGENCY SERVICE CONTRACT
ADVANCED INTEGRATION & CONTROLS PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
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.
CONSULTANT' SWARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any
scope of work to said building,
loss
work,
or damage
or equipment
that may
or any
happen
part thereof,
in relation
or
to
in,
Consultant' s
on, or about
the same during its construction and before acceptance. Consultant 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.
HOURS OF WORK
Eight (8) hours of work in any calendar day shall constitute a legal day' swork. The
Consultant 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 Consultant or any subcontractor under him for each calendar day during which such worker is required or permitted to work more 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 Consultant 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.
INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
424
Docusign Envelope ID: D370A288- AC3A- 4EEB- 809D- CD4CBBFAFBE3
EMERGENCY SERVICE CONTRACT
ADVANCED INTEGRATION & CONTROLS PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
a) Workers'
sole cost
Compensation.
and expense, maintain
CONSULTANT
Statutory
shall,
Workers'
at CONSULTANT' S
Compensation
Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,00). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.
CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence ($ 1, 000,0), combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
425
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
EMERGENCY SERVICE CONTRACT
ADVANCED INTEGRATION & CONTROLS PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California - admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of CITY Manager, CONSULTANT 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 CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
426
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
EMERGENCY SERVICE CONTRACT
ADVANCED INTEGRATION & CONTROLS PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
INDEMNIFICATION
Consultant 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 Consultant, or which results from Consultant' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Consultant' sfailure to do anything required under this Contract or for doing anything which Consultant is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Consultant in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole negligence, active negligence, or willful misconduct 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 Consultant 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 curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or
427
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
EMERGENCY SERVICE CONTRACT
ADVANCED INTEGRATION & CONTROLS PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
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
a) 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. b) 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
a) 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.
b) 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.
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.
SIGNATURES TO FOLLOW ON NEXT PAGE]
428
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
EMERGENCY SERVICE CONTRACT
ADVANCED INTEGRATION & CONTROLS PROVIDE TECHNICAL SERVICES AND SUPPORT FOR
CONTROL SYSTEMS HARDWARE AND SOFTWARE
Approved as to Form: City of Lathrop
Salvador Navarrete
City Attorney
Recommended for Approval: City of Lathrop
Approved by:
Resolution :
Consultant:
Date
D: oeuSigned by:
rlitat, pI -t,S 11/7/ 2025
1c_ oor631o1r17o...
Tony Fernandes Date
Director of Information Services
City of Lathrop
Step en J. Salvatore
City Manager
Advanced Integration & Controls
525 W. Alluvial Avenue
Fresno, CA 93711
il•zfl•5
Date
Fed ID # 33- 1475345
Business License # NLB- 002002- 2025
CSsigned
by:
aitA, VORActS
ar>z,,nar, an
Signature
Shain Thomas
11/4/ 2025
Date
11/4/ 25
Print Name and Title
Signed by:
t FaSSib
4FE1193DABA547o..
Signature
Tim Fassio
11/7/ 2025
Date
11/7/ 2025
Print Name and Title
429
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
AOVAN CEO
AUF INTEGRATION A CONTROLS
Exhibit A
November 1, 2025
City of Lathrop
390 Towne Center Drive
City of Lathrop, Ca. 95330
Re: Proposal for SCADA System Support Services November 1st, 2025 —June 30t'', 2026 RTUs & SCADA System Hardware & Software
AIC Quote # 56- 2025- 0136
Attn: Tony Fernandes, IT Director
Tony,
Advanced Integration & Controls ( AIC) appreciates the opportunity to provide this proposal to the City of Lathrop for SCADA system support services for your RTUs and SCADA- related computer systems. This service contract shall provide monthly on -site visits to your City to provide support for your process control system. Normal services will be scheduled 2-4weeks prior to required work. Additional work provided beyond the contract allowance will be provided at the contract' s rates on a time -and -material basis. With this agreement, when paid in full at the beginning of the service contract term, the signee is entitled to listed contract rates, priority response, and emergency services that are available 24 hours a day, 7 days a week, 365 days a year. The City is guaranteed a 1 - hour call back response time during normal business hours, and a 2 -hour call back response time after normal working hours with a $ 1000 penalty for missed responses. These rates and terms are identified under the " Standard Professional Services Rates for Time and Material Services" section as included herein.
Thank you for the opportunity to submit this proposal and please reach out if any questions arise.
Regards,
Advanced Integration & Controls
Keith Webb
Senior industrial Control Systems Engineer
Sacramento Office: 9332 Tech Center Drive, Suite 300, Sacramento, CA 95826 - Main Office Telephone: 916. 644. 9500 Temecula Office: 42142 Roick Drive, Temecula, CA 92590
www.ateraic. com
430
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
ADVANCED
AINTEGRATION A CONTROLS
llllll NMI
ISIMALIMING SYSTEM IMIEGIATIOM
Employee
Classification
Standard
Hourly Rate
Overtime
Hourly Rate
Double -Time
Hourly Rate
Estimating Review 225. 00 N/ A N/ A
Project 225. 00 N/ A N/ A
Management
C Engineering 225. 00 350. 00 550. 00
Automation 250. 00 375. 00 600. 00
Engineering
Production ( InHouse)
200. 00 275. 00 450. 00
Field Services 225. 00 350. 00 550. 00
Terms & Conditions
1. Not to Exceed On -Call, and task -based service contracts are available ( Not to Exceed amount to be determined by the Owner Agency)
2. Hourly Rate Breakdown
A. Standard Rates: 6: 00 AM to 6: 00 PM
B. Overtime Rates: 6: 00 PM to 6: 00 AM
1. Must be pre -authorized by City and AIC Division Manager C. Double -Time Rates: Hours 12+
1. Must be pre -authorized by City and AIC Division Manager
3. Saturday Working Hours
A. Billed at Double -Time Rates defined above. A maximum of 8 -hours of On - Site time is allowed on Saturday' s — not Including drive time.
4. Sunday & Holiday Working Hours
A. Billed at three -(3) times the Standard Rate defined above. A maximum of 8 - hours On -Site time is allowed on Sunday' s & holidays — not Including drive time.
s. Rental equipment, lodging and meals ( travel expenses) are billed at cost plus 25%
6. On -Site and Overtime rate requests include a 4 -hour minimum charge
7. Travel time
A. $ 150. 00 per hour for employee travel to site
B. Milage rate is $ 1. 00 per mile
City of Lathrop Page 2 of 10 Advanced Integration & Controls Proposal for SCADA System Support Services April 25, 2025 431
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3 A 1e*
ADVANCED INTEGRATION • CONTROLS
1i •
SCOPE OF WORK SUMMARY
ITEM # DESCRIPTION OF SERVICES COST
Specialized Preventative Maintenance & Support Services for PLC and SCADA System Hardware/ Software:
Perform scheduled monthly SCADA computer operating system and database updates as recommended by the manufacturer. All updates will be pre -tested on a virtualized replica of the Lathrop SCADA computer system located within a test environment at our AIC office headquarters. Critical security patches will be tested and applied to the City SCADA computers within 72 hours if no adverse effects of the patch are discovered.
Once all updates are verified for compatibility in the test environment, updates will be remotely applied to the City system (one computer at a time) and tested for field compatibility before being deployed to the remaining City SCADA assets. If possible, full system backups shall be performed before and after each operating system and database update to ensure operational continuity. The first operating system and database updates will be performed on -site to minimize the chances of disruption to the control system. Subsequent monthly updates will be tested on our internal environment and installed and tested remotely on the City Servers.
The following services will be prescheduled and performed quarterly, and include a full customer service report detailing our findings:
System Services for all SCADA Servers
Cleaning and inspection of equipment covered by agreement Addition of any requested SCADA application updates
SCADA additions will be configured within our test
environment at standard hourly rates and deployed and field tested during our quarterly visit)
Tested and compatible Inductive Automation Ignition
software updates shalt be applied to the SCADA computers The SCADA dashboard at Master, Backup, and CTF will be
evaluated, and any concerns will be identified
Verify proper operation of software after updates
City of Lathrop
Proposal for SCADA System Support Services
April 25, 2025
432
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3 0 A 1e*
ADVANCED INTEGRATION • CONTROLS
M 1M NI NIIIIPF
f.r•LIMINa srsrfr iMifEll. iOM
SCADA System Diagnostics for all SCADA Servers
Verification of RAM, CPU usage, Database growth rates
Create comprehensive full operating system and application backups for the City and store a copy offsite at AIC
Evaluation of available storage and error logs for all servers and drives will be performed and concerns will be
documented
PLC System Diagnostics for all sites
Go online with each PLC, verify program offline. If programs match, perform offline save with same version number with date of verification. If programs do not match, save with new version number (incremented by 01) and include date that save was performed
When online with each PLC, check battery status coil to verify battery condition. Replace battery if needed and document PLC locations with Maple alpha -numeric OIT will have
configurations uploaded and saved with version number and upload date
PLC locations with Magelis OIT will have configurations uploaded and saved with upload date and if local SD card is installed ( we will note sites that do not have SD card in our report), site specific programs will be stored on the card All PLC and OIT backups will be saved to " current" folders on Corp. Yard SCADA and MCC Servers as well as securely
stored at AIC corporate office
All sites will be evaluated for any additional maintenance needs including uninterruptible power supplies, switches, cables and ancillary equipment
A final written report will be generated using the City' s Site
maintenance software application that details work
performed and recommendations for each site
Quarterly Visits
AIC will perform three ( 3) quarterly visits based on the seven ( 7) month contract duration
TOTAL COST 154, 800. 0
City of Lathrop
Proposal for SCADA System Support Services
April 25, 2025
433
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
ADVANCED
AINTEGRATION • 1f*
CONTROLS
IN III • NNW
IY• GIMiMG Y IMIEL•• t1aM
ADDITIONAL SERVICES
Additional services, which are not included within the base Service Contract coverage ( as defined above), are available and can be administered through this contract. Such services are offered at AIC' s "standard rates" per the rate schedule included herein, and billed separately on a Time-& Material (T&M) basis. These services will be subject to the service provisions defined herein and scheduled accordingly. Service and support may include any of the following disciplines/ items as needed to fulfill the additional service requests.
Field Service Technician - to provide field support services as needed, including, but not limited to, instrumentation troubleshooting, calibrations, and loop testing, electrical control modifications control system troubleshooting, motor control (VFD' s, RVSS' s, Pump Control Panels, etc.), and communication system tuning and troubleshooting services. Additional services can include Infrared Thermal Imaging Scan( s) for verifying/ identifying poor electrical connections, resistive " hot spots", and early detection of pending equipment failures.
PLC Programmer —to provide PLC programming support services as needed, including, but not limited to, programming modifications, OIT programming services, troubleshooting, and training.
SCADA System Programmer - to provide SCADA system support services as needed, including, but not limited to, software troubleshooting, network infrastructure, telemetry and communications, system tag additions/ deletions/ modifications, alarming, process database/ historian, reporting, process graphics, programming additions/ modifications, and overall system training.
EI& C Engineer — to provide engineering and consulting services related to electrical controls and system engineering, including, but not limited to, electrical control system assessments, tracing, general engineering, control system operations engineering, as - built drawings, system documentation, and training.
Materials, travel, expenses, and/ orthird -party services will be billed separately. Any material required shall be approved by owner/ customer prior to procurement.
City of Lathrop
Proposal for SCADA System Support Services
April 25, 2025
434
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3 A 1 Ali'
AOVAN CEO IMTIONATION I CONTROLS
q11Iw• GIMIMO AAAI. Y iM Il GMA I10M
TERMS & CONDITIONS
1) This proposal is valid for 180 days from the date of this quotation. 2) This proposal excludes payment and performance bonds. a) If required, add 0.5% to the price quoted above.
3) This proposal is based on mutually agreeable contract terms and conditions, to be negotiated and executed prior to any work being performed.
4) This proposal is based on a standard 12 - hour workday and a 60 -hour work week — no on -site overtime, weekend, or holiday work has been included or allowed herein. a) Additional mobilizations requested will be invoiced on a time & material basis. 5) Delivery of Equipment: N/ A
a) Written submittal approval is required for a Notice to Proceed ( NTP) with the purchase of products.
b) Due to current manufacturer lead time constraints affecting our industry, anticipated delivery durations may be subject to change and updates will be provided to the customer as timeframe constraints arise.
6) AIC' sproposal includes FOB to job site full freight. 7) AIC includes a 12 -month warranty from the date of equipment installation or 18 months from the date of shipment ( unless an extended warranty is specified and defined in the above proposal).
a) Includes coverage for defects or failures of materials provided by AIC. 8) Schedule of work is subject to an approved and mutually agreeable timeline between the Owner, General Contractor, Electrical Contractor, and AIC. 9) Interest will be applied on all past due invoices.
10) Final retention to be paid within 10 days of project completion. 11) Contact of services is from November 1
S` 2025 through June 30th 2026.
12) Terms are NET 30 days on approved credit accounts.
CLARIFICATIONS & EXCLUSIONS
1) This proposal is based on the following clarifications and exclusions. a) Based on the seven ( 7) month contract duration, AIC will perform three (3) quarterly visits. b) Typical equipment & services exclusions (unless specifically included in the above scope):
i) Local control stations.
ii) Junction and pull boxes.
iii) Disconnect switches.
iv) Security equipment ( cameras, DVRs, card readers, etc.). v) Conduit, field wire, and tubing.
vi) Basic trade materials ( screws, bolts, brackets, stanchions, sunshields, anchor bolts, etc.).
vii) Fiber optic patch panels, fiber optic cable, fiber optic cable testing and terminations.
City of Lathrop
Proposal for SCADA System Support Services April 25, 2025
435
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3 A 1 e4 AOVANCEO INTEGRATION $ CONTROLS
MIN
OIIM• ZMING SSSSS IMT[ GY• TION
Exhibit B
November 1st, 2025
City of Lathrop
390 Towne Center Drive
City of Lathrop, Ca. 95330
Re: Proposal for Initial System Assessment
Allen- Bradley and Typical Site Assessment
AIC Quote # 56- 2025- 0135
Attn: Tony Fernandes, IT Director
Tony,
Advanced Integration & Controls ( AIC) appreciates the opportunity to provide this proposal to the City of Lathrop for an assessment of your existing Allen- Bradley treatment plant PLCs and typical sites that comprise your system. The typical site assessment would include the existing SCADA computer and networking infrastructure and a mutually agreed upon Well site, Booster Pump Station, Lift Station, and Turnout. Additional services for an assessment of all locations can be proposed after the initial assessment is complete. Field assessment services will be scheduled 4-6 weeks prior to activity to allow your team time to coordinate access to the remote locations. Our intent is to familiarize our organization with your infrastructure to be better prepared to assist you with future needs and emergencies. The deliverable of this initial assessment will be accurate site documentation and recommendations for the locations assessed.
Thank you for the opportunity to submit this proposal and please reach out if any questions arise.
Regards,
Advanced Integration & Controls
Keith Webb
Senior industrial Control Systems Engineer
Sacramento Office: 9332 Tech Center Drive, Suite 300, Sacramento, CA 95826 — Main Office Telephone: 916. 644. 9500 Temecula Office: 42142 Roick Drive, Temecula, CA 92590
www.ateraic. com
436
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3
ADVANCED
AINTEGEATION &
If*
CONTGOIE
lw AGl wlwG w lw/( GI111GM
SCOPE OF WORK SUMMARY
ITEM # DESCRIPTION OF SERVICES COST
System Assessment of existing SCADA computer infrastructure, AllenBradley treatment plant PLCs and a typical WeII, Booster Pump Station, Lift Station, and Turnout location:
AIC' s team consisting of experienced engineers and subject matter experts ( SMEs), will work collaboratively with your staff to collect information and documentation, discuss and analyze the information collected, and then present the information in the form of a technical memorandum and follow- uppresentation. Key deliverables shall consist of the following at a minimum:
SCADA & PCS block diagram
Automation asset inventory spreadsheet for sites assessed List of IP networks, VLANs, and IP devices present in your system ( for sites assessed)
Technical memorandum report
Presentation to key stakeholders
The information collected and the analysis performed will help AIC develop and properly document an up- to- date baseline of your assessed SCADA and process control system configuration and provide recommendations for improvement.
System Assessment Services
1) AIC will host a kickoff meeting to discuss our general approach to the assessment, including an overview of the overall scope of the assessment. This meeting will be utilized to establish the project framework with the City, define the boundaries and remote sites for the actual scope of work to be performed, align expectations for AIC and the City, identify the key stakeholders and staff that should directly participate in this assessment, define the project timeline and schedule, as well as identify any special logistical issues that should be considered as execution moves forward.
2) AIC will work closely with City staff to identify and assemble the available system information and documentation that
collectively defines the SCADA and PCS infrastructure. This City of Lathrop
Proposal for SCADA System Initial Assessment
April 25, 2025
437
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3 A i dr*
A0VANCRD INTR0RATION L CONTROLS
NAGININC IMISGR.+ iow
task is to be considered a preliminary step in the overall assessment process. The initial focus will be on the following:
Types of systems, specific facilities, and processes involved Types of PLCs and OlTs utilized in the system
Types of communication interfaces utilized by the PLCs, OITs, and SCADA computers
Current network component configurations
3) AIC will conduct workshops and interviews of key staff as required to aide in the collection of information related to SCADA and the process control system overall. Some of the topics to be covered include existing issues and pain points, hardware/ software preferences, future expansion, and
budget considerations.
4) Initial field investigations and data gathering to develop an asset inventory of all known Process Control System (PCS) network and communication assets. Perform a physical inspection of all observed network communication components, including
digital photographs of devices and labels, to assist in the development of documentation. If available, leverage the discovery and mapping capabilities of the City' s
Network
Management System ( NMS).
5) AIC will carefully document the assessed base system architecture including all connections into and out of the process control system.
6) AIC will perform a comprehensive analysis of all information and documentation gathered prior to the formal compilation of the technical memorandum.
7) AIC will host a final presentation of deliverables to the City that includes the System Block Diagram, Automation Asset List, and Technical Memorandum detailing conditions observed and
recommendations for improvements
TOTAL COST 38, 600. 0
City of Lathrop
Proposal for SCADA System Initial Assessment
April 25, 2025
438
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3 A 1e*
ADVANCED INTEGRATION t CONTROLS
III NMI
w [. NAG. w. NG N IMIEGNI1, O
TERMS & CONDITIONS
1) This proposal is valid for 180 days from the date of this quotation. 2) This proposal excludes payment and performance bonds. a) If required, add 0.5% to the price quoted above.
3) This proposal is based on mutually agreeable contract terms and conditions, to be negotiated and executed prior to any work being performed.
4) This proposal is based on a standard 12 -hour workday and a 60 -hour work week — no on -site overtime, weekend, or holiday work has been included or allowed herein. a) Additional mobilizations requested will be invoiced on a time & material basis. 5) Delivery of Equipment: N/ A
a) Written submittal approval is required for a Notice to Proceed ( NTP) with the purchase of products.
b) Due to current manufacturer lead time constraints affecting our industry, anticipated delivery durations may be subject to change and updates will be provided to the customer as timeframe constraints arise.
6) AIC' sproposal includes FOB to job site full freight. 7) AIC includes a 12 -month warranty from the date of equipment installation or 18 months from the date of shipment ( unless an extended warranty is specified and defined in the above proposal).
a) Includes coverage for defects or failures of materials provided by AIC. 8) Schedule of work is subject to an approved and mutually agreeable timeline between the Owner, General Contractor, Electrical Contractor, and AIC. 9) Interest will be applied on all past due invoices.
10) Final retention to be paid within 10 days of project completion. 11) Terms are NET 30 days on approved credit accounts.
CLARIFICATIONS & EXCLUSIONS
1) This proposal is based on the following clarifications and exclusions. a) Typical equipment & services exclusions ( unless specifically included in the above scope):
i) Local control stations.
ii) Junction and pull boxes.
iii) Disconnect switches.
iv) Security equipment ( cameras, DVRs, card readers, etc.). v) Conduit, field wire, and tubing.
vi) Basic trade materials ( screws, bolts, brackets, stanchions, sunshields, anchor bolts, etc.).
vii) Fiber optic patch panels, fiber optic cable, fiber optic cable testing and terminations. viii) 3' d party testing, harmonic testing / analysis, protective device coordination studies, short circuit studies, and Arc -Flash Hazard analysis / training.
City of Lathrop
Proposal for SCADA System Initial Assessment
April 25, 2025
439
Docusign Envelope ID: D370A288- AC3A- 4EE6- 809D- CD4CBBFAFBE3 0 AOVAN CEO
AINTEGRATION
If*
i CONTROLS
If IR II
NTINIGINING , Y, tTN I.t, GNAtION
ix) Electrical interconnection wiring diagrams, ISA loop diagrams and signal loop diagrams for equipment not provided by AIC or when specifications do not define the requirements for these specific professional services.
x) Approved submittals are considered to meet the needs of the project specifics based on the Engineer of Record' s (EOC) review, comments, and approval. a) Requests for modifications to the professional services or equipment supplied after submittal approval will require a change order before any modifications occur, regardless of potential schedule constraints.
xi) Equipment & services not specifically defined in the above scope of work. xii) Noise mitigation equipment and/ or noise barriers. xiii) Ventilation equipment and team watch resources for work required in confined spaces.
xiv) Removal, replacement and/ orrelocation of existing utilities. xv) Seismic anchoring calculations for any stanchion mounted equipment. xvi) Advanced Integration & Controls ( AIC) shall not be liable for, and no claim( s) shall be made by Client against Advanced Integration & Controls (AIC) and/ orits insurance carrier( s) for,any damages, losses, or disruptions resulting from cybersecurity attacks, including but not limited to hacking, malware, or denial of service attacks.
This exclusion applies to any direct costs including but not limited to incident response, remediation, and legal expenses, and any consequential and/ orindirect damages including but not limited to disruption, lost productivity, reputational damage, and any other legal liabilities. This exclusion applies to both new and preexisting cybersecurity vulnerabilities or compromises in the Client' ssystems.
City of Lathrop
Proposal for SCADA System Initial Assessment
April 25, 2025
440
ITEM 4. 12
CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CHANGE ORDER NO. 36 FOR LANDSCAPE
MAINTENANCE WITH DAVID SILVA, DBA SILVA
LANDSCAPE, TO ADD QUEIROLO PARK, AND
APPROVE THE ASSOCIATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve Contract Change Order No. 36 with David Silva, dba Silva Landscape, to Add
Queirolo Park, and Approve the Associated Budget
Amendment
SUMMARY:
On November 10, 2025, City Council accepted public landscaping and park improvements in Tract 4151 from D. R. Horton Bay, Inc., including the neighborhood park ( Queirolo Park) and associated public landscaping. To ensure ongoing professional maintenance of these City assets, staff recommends approval of Contract Change Order No. 36 ( included as Attachment " C") with David Silva, dba Silva Landscape, to include these areas in the scope of the City' s existing landscape maintenance program. A Vicinity Map is included as Attachment " B".
The not -to -exceed amount of this change order is $ 31, 800 annually.
BACKGROUND:
On November 10, 2025, City Council accepted the public landscaping and park improvements in Tract 4151 from D. R. Horton Bay, Inc., including the neighborhood park ( Queirolo Park) and related landscape improvements. These improvements require ongoing professional landscape maintenance.
David Silva, dba Silva Landscape, maintains a master agreement with the City for landscape maintenance services, dated September 1, 2017. Contract Change Order No. 36, included as Attachment " C", adds the public landscaping and park areas in Tract 4151 to the scope of this master agreement for continued maintenance services. A Vicinity Map showing the maintenance area is included as Attachment " B".
The City' sService Maintenance CFD 2024- 01 has been established to help fund City maintenance and operating costs. The initial budget for CFD 2024- 01 was planned for gradual development; however, with the rate of development, staff is requesting a budget amendment to cover the cost of maintenance for the improvements proposed for ongoing maintenance.
441
CITY MANAGER' SREPORT PAGE 2
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
APPROVE CHANGE ORDER NO. 36 FOR LANDSCAPE MAINTENANCE WITH
DAVID SILVA, DBA SILVA LANDSCAPE, TO ADD QUEIROLO PARK, AND
APPROVE THE ASSOCIATED BUDGET AMENDMENT
REASON FOR RECOMMENDATION:
Staff recommends City Council approve Contract Change Order No. 36 to incorporate the newly accepted landscape and park areas from Tract 4151 into the City' s ongoing landscape maintenance program under the existing master agreement with David Silva, dba Silva Landscape. This action will ensure continuity of professional landscape care for the City' s accepted public improvements in Tract 4151 and integrate them into the existing maintenance contract.
FISCAL IMPACT:
Contract Change Order No. 36 ( Attachment " C") for landscape maintenance with David Silva, dba Silva Landscape, is not to exceed $ 31, 800 annually. Staff also requests a 5% contingency for general miscellaneous purchases needed for maintenance ( e.g., minor irrigation parts, small repairs, and incidental supplies) estimated at $ 1, 590, for a total requested maintenance/ contingency amount of 33,90.
Funding is proposed from the Service Maintenance CFD 2024- 01. Staff requests approval of the following budget amendments for Trees & Landscaping to support this added maintenance scope for Tract 4151.
Fiscal Year 2025-026 (6 months)
Increase Appropriation ( Trees & Landscaping)
1010- 5- 80- 420- 32- 00 $12, 232. 50
2581- 50-5- 420- 32- 00 $4,62. 50
Fiscal Year 2026-027
Increase Appropriation ( Trees & Landscaping'
1010- 5- 80- 420- 32- 00 $24, 465
2581- 50-5- 420- 32- 00 $8, 925
Staff is requesting City Council adopt the Resolution to approve Contract Change Order No. 36 with David Silva, dba Silva Landscape, for maintenance services, and approve the associated budget amendment.
ATTACHMENTS:
A. Adopt Resolution to Approve Contract Change Order No. 36 with David Silva, dba Silva Landscape and Associated Budget Amendment B. Vicinity Map
C. Contract Change Order No. 36 with David Silva dba Silva Landscape 442
CITY MANAGER' S REPORT PAGE 3
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
APPROVE CHANGE ORDER NO. 36 FOR LANDSCAPE MAINTENANCE WITH
DAVID SILVA, DBA SILVA LANDSCAPE, TO ADD QUEIROLO PARK, AND
APPROVE THE ASSOCIATED BUDGET AMENDMENT
APPROVALS:
Bellal Nabizadah Date
Assistant Engineer
Bradraylor
City Engineer
Cari Ja
Finance P' rector
Date
I hit07. 4.
ilff/ aoa6,
Date
Thomas Hedegard Date
Deputy City Manager
8- loi ,
Michael King Date
Assistant City Manager
7-1- 0z6
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
443
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE CONTRACT CHANGE ORDER NO. 36 WITH DAVID SILVA, DBA
SILVA LANDSCAPE, TO ADD QUEIROLO PARK, AND APPROVE THE
ASSOCIATED BUDGET AMENDMENT
WHEREAS, on November 10, 2025, City Council accepted the public landscaping and park improvements in Tract 4151 from D. R. Horton Bay, Inc., including the neighborhood park ( Queirolo Park) and related landscape improvements. These improvements require ongoing professional landscape maintenance; and
WHEREAS, David Silva, dba Silva Landscape, maintains a master agreement with the City for landscape maintenance services, dated September 1, 2017; and WHEREAS, Contract Change Order No. 36, included as Attachment " C" to the City Manager' s Report that accompanied this Resolution, adds the public landscaping and park areas in Tract 4151 to the scope of this master agreement for continued maintenance services. Vicinity Maps showing the maintenance areas are included as Attachment " B" to the City Manager' sReport that accompanied this Resolution; and WHEREAS, the City' s
Service Maintenance CFD 2024- 01 has been established
to help fund City maintenance and operating costs. The initial budget for CFD 2024- 01 was planned for gradual development; however, with the rate of development, staff is requesting a budget amendment to cover the cost of maintenance for the improvements proposed for ongoing maintenance; and
WHEREAS, it is necessary and appropriate to incorporate the newly accepted landscape and park areas from Tract 4151 into the City' s ongoing landscape maintenance program under the existing master agreement with David Silva, dba Silva Landscape; and
WHEREAS, this action will ensure continuity of professional landscape care for the City' s accepted public improvements in Tract 4151 and integrate them into the existing maintenance contract; and
WHEREAS, Contract Change Order No. 36 ( Attachment " C") for landscape maintenance with David Silva, dba Silva Landscape, is not to exceed $ 31, 800 annually. Staff also requests a 5% contingency for general miscellaneous purchases needed for maintenance ( e.g., minor irrigation parts, small repairs, and incidental supplies) estimated at $ 1, 590, for a total requested maintenance/ contingency amount of $ 33,90; and
444
WHEREAS, staff requests approval of the following budget amendments for Trees & Landscaping to support this added maintenance scope for Tract 4151:
Fiscal Year 2025-026 (6 months)
Increase Appropriation ( Trees & Landscaping)
1010- 5- 80- 420- 32- 00 $12, 232. 50
2581- 50-5- 420- 32- 00 $4,62. 50
Fiscal Year 2026-027
Increase Appropriation ( Trees & Landscaping;
1010- 5- 80- 420- 32- 00 $24, 465
2581- 50-5- 420- 32- 00 $8, 925
and
WHEREAS, Staff is requesting City Council adopt the Resolution to approve Contract Change Order No. 36 with David Silva, dba Silva Landscape, for maintenance services, and approve the associated budget amendment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does approve Contract Change Order No. 36 with David Silva, dba Silva Landscape to add new landscape to maintenance services, included as Attachment C", and the associated budget amendment as detailed above. 445
PASSED AND ADOPTED by the City Council of the City of Lathrop this 12th day of January 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Teresa Vargas
City Clerk
Paul Akinjo, Mayor
APPROVED AS TO FORM:
Salvador Navarrete
City Attorney
446
CHANGE ORDER NO. 36
Monthly Fee
Landscape Maintenance for Queirolo Park City of Lathrop CONTRACT CHANGE ORDER NO. 36
MONTHLY FEE — Landscape Maintenance for Queirolo Park
Contractor: David Silva DBA Silva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date
Contract Execution Date:
Notice to Proceed Date:
January 12, 2026
September 1, 2017
September 1, 2017
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT: LANDSCAPING SERVICES COMMENCED IN JANUARY 2025 Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and David Silva DBA Silva Landscape dated September 1, 2017.
I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S) TO CONTRACT
Monthly Fee — Landscape Maintenance for Queirolo Park 2, 650/ mo.
MONTHLY FEE COST FROM CHANGE ORDER NO. 36 ( MONTHLY FEE) 2, 650/ mo.
ORIGINAL CONTRACT AMOUNT ( MONTHLY FEE) 57, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 ( MONTHLY FEE) 13, 900. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5 ( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 8 ( MONTHLY FEE) 1, 850. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11 ( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14 ( MONTHLY FEE) 3, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15 ( MONTHLY FEE) 8, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23 ( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25 ( MONTHLY FEE) 250. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 26 ( MONTHLY FEE) 825. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 27 ( MONTHLY FEE) 625. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 28 ( MONTHLY FEE) 675. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 29 ( MONTHLY FEE) 450. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 30 ( MONTHLY FEE) 3, 725. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 31 ( MONTHLY FEE) 9, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 32 ( MONTHLY FEE) 1, 200. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 33 ( MONTHLY FEE) 4,50. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 34 ( MONTHLY FEE) 950. 00 447
CHANGE ORDER NO. 36
Monthly Fee
Landscape Maintenance for Queirolo Park City of Lathrop TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 35 ( MONTHLY FEE) 650. 00 TOTAL REVISED MONTHLY CONTRACT AMOUNT 112, 789. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2 ( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3 ( ONE TIME FEE) 22, 800. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4 ( ONE TIME FEE) 3, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6 ( ONE TIME FEE) 11, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7 ( ONE TIME FEE) 1, 780. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9 ( ONE TIME FEE) 2,00. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10 (ONE TIME FEE) 950. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12 (ONE TIME FEE) 3, 800. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13 (ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16 ( ONE TIME FEE) 1, 200. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17 ( ONE TIME FEE) 2, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18 ( ONE TIME FEE) 1, 650. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 19 ( ONE TIME FEE) 2, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20 ( ONE TIME FEE) 2,00. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21 ( ONE TIME FEE) 1, 300. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22 ( ONE TIME FEE) 1, 200. 0 TOTAL ADDITIONAL COST FROM CHANFE ORDER NO. 24 (ONE TIME FEE) 4, 500. 0 TOTAL ONE- TIME ADDITIONS TO CONTRACT AMOUNT 78, 900. 0
END OF CHANGES)
DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.
TIME OF COMPLETION
To run throughout the duration of the contract.
RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 36. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:
A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.
END OF SECTION)
448
CHANGE ORDER NO. 36
Monthly Fee
Landscape Maintenance for Queirolo Park City of Lathrop Approved As
To Form:
Recommended
By:
Approved By:
Accepted By
Contractor:
Salvador Navarrete
City Attorney
City of Lathrop
Michael King
Assistant City Manager
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
1-7-` LoZ6
Date
Date
Date
Signature Date
Print Name and Title
Signature Date
Print Name and Title
449
EXHIBIT " A "
SILVA
Silva Landscape
PO Box 607
Patterson, CA 95363
19254133192
LANDSCAPE david. silvalandscape@gmail. com
ADDRESS
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ESTIMATE # 4108
DATE 10/ 03/ 2025
AREA
Queirolo Park
AREA
Queirolo Park -
Monthly Maintenance price to follow city spec - Monthly
RATE AMOUNT
2, 650. 0
Approved by TOTAL
Accepted By Accepted Date
2, 650. 0
450
ITEM 4. 13
CITY MANAGER' SREPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A CONSTRUCTION CONTRACT WITH
UNITED PAVEMENT MAINTENANCE, INC. FOR
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS,
CIP PS 26-0 AND APPROVE BUDGET AMEDMENT
RECOMMENDATION: Adopt Resolution to Approve a Construction Contract with United Pavement Maintenance, Inc. for Spartan
Way Traffic Safety Enhancements, CIP PS 26-0 and
Approve Budget Amendment
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 installation of a raised crosswalk, bike lane physical barrier and revised traffic striping on Spartan Way ( Project) were completed by staff and advertised for bid on the 22nd and 28th of November 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 four ( 4) bids on December 15, 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
n Way Traffic Safety Enhancements, CIP PS 26-0
Contractor Total Bid
United Pavement Maintenance, Inc. 230, 84
FBD Vanguard Construction, Inc. 5275, 608
297, 126
5352,84
Platinum General Engineering LLC
Dirt Dynasty, Inc.
Based on the review and evaluation of the bids, the lowest responsible bidder for the Project was determined to be United Pavement Maintenance, Inc. (United Pavement Maintenance) with a bid of $ 230, 84.
Staff request City Council approve a construction contract with United Pavement Maintenance for the construction of the Project in the amount of $ 230, 84. Staff request City Council authorize a 20% construction contingency of $ 46, 161 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 $ 276, 95. 451
CITY MANAGER' S REPORT PAGE 2
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH UNITED PAVEMENT
MAINTENANCE, INC. FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0 AND APPROVE BUDGET AMENDMENT
To provide sufficient funding for the Project construction, staff also request City Council approve a budget amendment transferring $ 200, 00 from the Measure C fund ( 1060) to the CIP Project fund ( 3310) as detailed in the Fiscal Impact section of this report.
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.
The Project' simprovements include a raised crosswalk with pedestrian - activated Rapid Rectangular Flashing Beacons ( RRFB) crossing Spartan Way at the skate park entrance and a concrete barrier and associated restriping and signage to accommodate a bicycle lane and narrow the vehicular lanes. A separate contract for the installation of a steel fence within the Spartan Way median was approved by City Council under CIP PS 26-0 on November 10, 2025.
REASON FOR RECOMMENDATION:
The proposed improvements will provide a conveniently located crosswalk to protect pedestrians crossing Spartan Way at Lathrop High School. The narrowed vehicle lanes, Class 2 bicycle lane and vehicle barrier will increase safety for bicyclists as well as reduce vehicle speed. The bicycle lane will also provide a more suitable venue than the sidewalk for those utilizing motorized transportation devices.
FISCAL IMPACT:
The proposed construction contract with United Pavement Maintenance is for 230, 84. A 20% construction contingency is requested in the amount of $ 46, 161 for a total construction cost not to exceed $ 276, 95.
Staff also request City Council approve a budget amendment to transfer $ 200, 00 from the Measure C fund ( 1060) to the CIP Project fund ( 3310) as detailed below, contingent upon approval by the Measure C Oversight Committee:
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000 PS 26-0
Increase Expenditures
3310- 8000- 420- 12- 00 PS 26-0
200, 00
200, 00
200, 00
452
CITY MANAGER' S REPORT PAGE 3
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH UNITED PAVEMENT
MAINTENANCE, INC. FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0 AND APPROVE BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution to Approve a Construction Contract with United Pavement Maintenance, Inc. for Spartan Way Traffic Safety Enhancements, CIP PS 26- 20 and Approve Budget Amendment
B. Construction Contract with United Pavement Maintenance, Inc. for Spartan Way Traffic Safety Enhancements, CIP PS 26-0
453
CITY MANAGER' SREPORT PAGE 4
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH UNITED PAVEMENT
MAINTENANCE, INC. FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0 AND APPROVE BUDGET AMENDMENT
APPROVALS:
e- t/eee 40- egadel
Steven Hollenbeak Date
Assistant Engineer
Brad T lor
City Engineer
Fog C.
1Z. i7. 2.5
Date
11/ L / ZozC--
Cari James Date
Director of Finance
Thomas Hedegard Date
Deputy City Manager
12 • 22. ZoZS'
Michael King Date
Assistant City Manager
Z, ' / - - 5
Salvador Navarrete Date
City Attorney
1 • Zlo
Stephen J. Salvatore Date
City Manager
454
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A CONSTRUCTION CONTRACT WITH UNITED PAVEMENT
MAINTENANCE, INC. FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0 AND APPROVE BUDGET AMENDMENT
WHEREAS, on October 13, 2025, City Council approved the creation of Spartan Way Traffic Safety Enhancements, Capital Improvement Project ( CIP) PS 26- 20 ( Project); and
WHEREAS, on November 22, 2025 and November 28, 2025, the City solicited bids for the Project pursuant to bidding procedures in California Public Contract Code PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060 for the construction of the Project; and
WHEREAS, a total of four (4) bids were received and opened by the City Clerk on December 15, 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 United Pavement Maintenance, Inc. ( United Pavement Maintenance) with a bid of $ 230, 84; and WHEREAS, staff request City Council approve a construction contract with United Pavement Maintenance in the amount of $ 230, 84 for the construction of the Project; and
WHEREAS, staff request that City Council approve a 20% construction contingency in the amount of $ 46, 161 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 $ 276, 95; and
WHEREAS, to fund the Project, staff request City Council approve a budget amendment in the amount of $ 200, 00 from the Measure C fund ( 1060) to the CIP Project fund ( 3310) as detailed below, contingent upon approval by the Measure C Oversight Committee:
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000 PS 26-0
Increase Expenditures
3310- 8000- 420- 12- 00 PS 26-0
200, 00
200, 00
200, 00
455
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract for $ 230, 84 with United Pavement Maintenance for the construction of Spartan Way Traffic Safety Enhancements, CIP PS 26-0; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 20% construction contingency of $ 46, 161 for a total cost not to exceed $ 276, 95for the construction of the Project and authorizes staff to spend up to the amount of the contingency as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the requested budget amendment as detailed above. 456
The foregoing resolution was passed and adopted this 12th day of January 2026 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 457
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
CONSTRUCTION CONTRACT
This Contract, dated January 12, 2026 is entered into by and between the City of Lathrop City"), a municipal corporation of the State of California ( City), and United Pavement Maintenance, 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 TRAFFIC SAFETY ENHANCEMENTS, 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 a 3" grind of asphalt paving, minor demolition of concrete curb and landscape, installation of 2" conduit, construction of two concrete raised crosswalks with # 4 reinforcement, installation of four City furnished 14' type 1-B poles, and Safe -T Lane Interlocking Concrete Bike Lane Dividers with long and tapered end units at Site 1, installation of striping, pavement markings, ADA ramps, and landings at both Project Sites; and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 32 Working days following issuance of Notice to Proceed and as defined herein.
No road closures for this project will be authorized outside of the following dates:
March 14 — March 22, 2026.
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: $ 230, 84 - Two Hundred Thirty Thousand Eight Hundred and Four Dollars
458
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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 United Pavement Maintenance, Inc. on December 15, 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.
4. Compensation. In consideration of Contractor' sperformance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements effecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a
person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance
with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.
459
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in 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.
460
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' s obligations under
the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
461
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
Record of wages paid: Inspection
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
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. 462
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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 ofOne- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
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. IA.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s
warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 463
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 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. 464
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:
Copy to:
City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
209) 941-. 7430
ATTN: Veronica Albarran, Project Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
465
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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. A11 documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
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.
1 1) 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.
466
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 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).
467
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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.
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.
468
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS 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 FO M:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Brad Taylor, City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
469
EXHIBIT A
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, 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 ofLathrop, in the form ofthe Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the price ofthe base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid, or none of the work.
ADDITIVE AND DEDUCTIVE ALTERNATES
As required by Public Contract Code section 20103. 8, if this bid solicitation includes additive or deductive items, the method checked below will be used to determine the lowest bid. If no 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
470
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
X ( A) The lowest bid will be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items.
B) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation or Bid Proposal as being used for the purpose of determining the lowest bid price.
C) The lowest bid will be the lowest total of the bid prices on the base contract and those additive and deductive items taken in order from a specifically identified list of those items that, when in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a
funding amount publicly disclosed by City before the first bid is opened.
D) The lowest bid will be determined in a manner that prevents any information that would identify and ofthe bidders or the proposed subcontractors or suppliers from being revealed to City before the ranking of all bidders from lowest to highest has been determined. 00300- 2
471
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS
CIP PS 26-0
BID PROPOSAL FORMS
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0
BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Mobilization / Bonds / Insurance 1 LS 22, 480 22, 480 2 Traffic Control 1 LS 34, 250 34, 250
3 Erosion and Sediment Control Plan
ESCP) 1 LS 5, 080 5, 080
4 Remove Existing Thermoplastic
Striping 950 LF 10. 00 9, 500
5 Landscape Demolition 520 SF 12. 70 6,04
6 Reestablish All Landscaping and
Irrigation Disturbed by Construction 1 LS 1, 560 1, 560 7 Install Irrigation Sleeves Beneath
New Concrete Improvements to
Reconnect / Maintain Irrigation
Service 1 LS 1, 440 1, 440
8 Grind / Off -Haul / Remove Existing
Asphalt Concrete ( d 3" Depth 800 SF 11. 40 9, 120
9 Remove and replace PCC Curb Per
Project Plans and Specs 56 LF 80. 00 4,80
10 Construct PCC Sidewalk Per Project
Plans and Specs 520 SF 14. 00 7, 280
11 Construct PCC Curb Ramp Case F 2 EA 2, 500 5, 000
12 Construct PCC Curb Ramp Case G 1 EA 3, 000 3, 000
13 Construct PCC Curb Ramp Case C 2 EA 1, 500 3, 000
14 Install City -Furnished Safe -T Lane
Interlocking Concrete Bike Lane
Dividers with long and tapered end
units 3106 LF 17. 35 53, 889. 10
15 Install City -Furnished Signage and
Poles with PCC Footings 12 EA 400. 00 4, 800
16 Insta11 2" Conduit per Plans & Specs 75 LF 139. 20 10, 440 17 Install # 4 @ 12 O. C. Both Ways per
Project Plans & Specs 800 SF 13. 05 10, 440
18 Supply / Staking / Place PCC Raised
Crosswalk per Project Plans and
Specs 1 LS 8, 490 8, 490
19 Install Thermoplastic Striping —
MUTCD Figure 3B-0 Option A 2 EA 1, 000 2, 000
20 Install Thermoplastic Striping —
Caltrans Std. Pln. A20D, Detai139 3310 LF 5. 00 16, 550 21 Install Thermoplastic Striping —
Caltrans Std. Pln. A20D, Detail 39A 1135 LF 3. 00 3, 405 22 Install Thermoplastic Striping —
Caltrans Std. Pln. A20, Detail 39A 1315 LF 3. 00 3, 945 00300- 3
472
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS
CIP PS 26-0
BID PROPOSAL FORMS
with Methyl Methacrylate ( MMA)
Green Enhancement
23 Install Thermoplastic Striping —
Ladder Crosswalk 2' Rungs @ 2'
Spaces per Caltrans Std. Pln. A24F l00 LF 3. 00 300. 00 24 Install Thermoplastic Markings -
Shared Lane Marking MUTCD
Figure 9C- 8 EA 250. 00 2, 000
25 Install Thermoplastic Markings -
Helmeted Bicyclist Marking
MUTCD Figure 9C- 3 Option B 7 EA 250. 00 1 , 750
TOTAL BID 230, 83. 10
TOTAL BID : $ 230, 83. 10
TOTAL BID IN WORDS : TWO hundred thrirty thousand eight hundred three and one tenth 00300- 4
473
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
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 resection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' s name and address:
United Pavement Maintenance, Inc.
2907 Tully Rd, Hughson, CA, 95326
Mailing - P. O. Box 1017 Hughson, CA, 95326
2) Bidder' stelephone number: ( 209) 8834345
3) Bidder' s email address: rudy@asphaltpavingpros. net 4) Bidder' s Contractor' sLicense # / Expiration Date / Classification:
905503 / 08/ 31/ 2027 / A, B, C10, C31, C32.
Bidder' s DIR Registration # / Expiration:
1000878534 / 06/ 30/ 226
5)
6) Person who inspected site of proposed work for Contractor' sfirm:
Name: Javier Ruvalcaba Date of Inspection: 12/ 03/ 2025 7) List 5 projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
Citywide Sidewalk Repair 2, 815, 330
City of Stockton 22 E Weber Ave Rm 301
Stockton, Ca. 95202 209- 937- 8411
23- 031 Pkg- 1 Roads Program 1, 314,74
City of Turlock 156 S. Broadway St
Turlock, Ca. 95382 209- 668- 5600
Patterson Rd Sidewalk
Project 315, 280
City of Riverbank 6617 Third Ave
Riverbank, Ca 95367 209- 863- 7155
Jail Courthouse Walkway 160, 719
County of Tuolumne 2 S Green St
Sonora, Ca. 95370 209- 533-904
Citywide Curb Ramps 2024
CDBG 2023- 06 533, 077
City of Elk Grove 8401 Laguna Palms Way
Elk Grove, Ca. 95758 916- 627- 3315
00300- 5
474
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS 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 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.
Work to be
Performed
Subcontractor
Name' . . `-
Subcontractor
Y :: Address -,,
California
Contractor` s
License No..
DIR No `
f
Percent of=
Work
Mobilization( p), T. C.( p),
Remove Existing
Thermoplastic Striping,
Install Thermoplastic
Striping & Markings
Central
Striping
Service, Inc
3489 Luyung Drive,
Rancho Cordova,
CA 95742
403896 1000006499
26.%
Staking( p) JDE Engineering Manteca, CA 95336k Ct, N/ A 2000015362
2.5%
WPCP,
Site Visits
Genesis SWPPP 1841 Tenaya Ave,
Clovis, CA 93611
N/ A 2000016857
1.3%
Note: Attach additional sheets ifrequired.
00300- 6
475
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
ADDENDA
Bidder certifies he reviewed ARC Stockton' swebsite for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
1 Respectfully submitted,
12/5/ 2025 United Pavement Maintenance, Inc.
Dated Legal Name of Firm
I, a C-&
Signature ofAuthorized Representative
Seal)
IfBidder is a corporation, show State in which incorporated.) A California Corporation
2907 Tully Rd,
Hughson, CA 95326
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.
United Pavement Maintenance, Inc. S Corporation A California Corporation Rodolfo Ruvalcaba President, Treasurer, and Manager
Mabel Ruvalcaba Corporate Secretary
00300- 7
476
RESOLUTION OF United Pavement Maintenance, Inc.
Authorized Officers - Certificate of Secretary
I, Mabel Ruvalcaba, the Secretary of United Pavement Maintenance, Inc. ("Corporation"), a corporation organized under the laws of the state of California, with its primary place of business at 2907 Tully Rd, P. O. Box 1017 , Hughson , California, 95326, hereby certify that the following is a true and complete copy of a resolution the Board of Directors of the Corporation (" Board") adopted by a vote of the members of the Board at the Board meeting taking place on May 17, 2013. A quorum was present, and the vote complied with the bylaws of the corporation.
NOW THEREFORE LET IT BE:
RESOLVED, that any one of the following directors, with titles as designated, are authorized and directed to execute on behalf of and as the act of this corporation all bids, contracts, and other documents necessary.
Director: Rodolfo Ruvalcaba, President
Director: Rodolfo Ruvalcaba, Vice President
Director: Rodolfo Ruvalcaba, Treasurer
Director: Mabel Ruvalcaba, Corporate Secretary
Signature:
I further certify that this resolution has not been amended, modified, or repealed.
IN WITNESS WHEREOF, I have set my hand on behalf of the Corporation on January 24, 2024.
By:
Print Name: Mabel Ruvalcaba
Title: Corporate Secretary Date: 12/5/ 2025
477
Bond No. CSBA- 32988
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS
CIP PS 26-0
BID PROPOSAL FORMS
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE United Pavement Maintenance, Inc.
as PRINCIPAL, and Atlantic Specialty Insurance Company
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment ofwhich sum in lawful money of the United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ Ten Percent ( 10%) of the Amount Bid
THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, 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 law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 1st day of December , 2025.
United Pavement Maintenance, Inc. ( Seal)
1, .._.
LaLA ( Seal),
040( g -g. P- va( cae re s', 014 ebti--
Address: P. O. Box 1017
Huahson, CA 95326
Atlantic Specialty Insurance Coman, ( Seal)
R. Wolfe, Attorney -in -pact
Address: One Towne Square, Ste. 1470
Seal)
Southfield. NI 4807E
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 8
478
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
on
DEC 0. 1 2025
before me, Benjamin Wolfe, Notary Public
insert name and title of the officer)
personally appeared Magdalena R. Wolfe
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ' ( Seal)
o*a BENJAMIN wQLFE
Notary Public • California
3 ^'; -
a
3 Marin County
Commission M 2513526
My Comm. Expires Mar 3, 2029
479
i
intact] INSURANCE Power of Attorney
Bond No. CSBA- 32988
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Adrian Langrell, Arturo Ayala, Ben Stong, Benjamin Wolfe, Chelsea Liberatore, Daniel Huckabay, Frank Morons, Magdalena R. Wolfe, Michael D Stong, Robert Wood, Shaunna Rozelle Ostrom, each individually if there be more than one named, its true and lawful Attorney - in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty- fifh day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President ( each an " Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney - in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact.
Resolved: That the Attomey- in- Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney - in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey- in- Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty- fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.
STATE OF MINNESOTA
HENNEPIN COUNTY
e, rAPORAl ss,
SEAL • m
1986 " o
rZS FW Yo'
e
ry
Abe
By
Sarah A. Kolar, Vice President and General Counsel
On this fist day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ALISON D. NASH- TROUT
NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2030
J/ , il// t.4
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 1st day of December 2025
This Power of Attorney expires
January 31, 2030
Y I M g49 i
441(.' G
cpSV Ortvi
SEAL r'
1986 0
ex.
w. OD -.' 4./
Kara L.B. Barrow, Secretary
Please direct bond verifications to alt. t. `z! 1tiit Lct i nsu. fi.. om 480
Trustee
Other:
Signer is Representing:
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Stanislaus
On
December 12, 2025
before me,
Annette M Kinsfater, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Rodolfo Ruvalcaba - President
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ tey executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
ANNETTE M. KINSFATER
Notary Public • California
Merced County
Commission # 2460852
My Comm. Expires Aug 25, 2027
Place Notary Seal and/ orStamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
Anni, ttSignature orN1r Pub c
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Bidder' s Bond
Document Date: December 1, 2025
Signer( s) Other Than Named Above:
No other signers
Capacity( ies) Claimed by Signer( s)
Signer' s
Name: Rodolfo Ruvalcaba
Corporate Officer — Title( s): President
Partner — Limited General
Individual Attorney in Fact
Guardian or Conservator
Number ofPages: Three
Signer' s
Name:
Corporate Officer — Title( s):
Partner — Limited General
Individual Attorney in Fact
o Trustee Guardian or Conservator
Other:
Signer is Representing:
2019 National Notary Association
481
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
NON -COLLUSION AFFIDAVIT
STATE OF California
ss.
COUNTY OF Stanislaus
Rodolfo Ruvalcaba , being first duly sworn, deposes and says that he or she is United Pavement Maintenance, Inc.
President of the party making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Sig( natu' reof: President, Secretary,
Manager, Project Manager or Representative
The County of
State of
Subscribed and sworn to (or affi d) before me
on this day of , 20 by
proved to
me on the basis of sat' actory evidence to be the
person( s) who app - , red before me.
Seal
Sig • ure
See Attached Notary
00300- 9
482
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document ( Notary to cross out lines 1-6 below) D See Statement Below ( Lines 1- 6 to be completed only by document signer[ s], not Notary) 5 Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Stanislaus
ANNETTE M. KINSFATER
Notary Public • California
Merced County
Commission # 2460852
My Comm. Expires Aug 25, 2027
Place Notary Seal and/ orStamp Above
Subscribed and sworn to (or affirmed) before me
on this 12 day of December
by Date
1) Rodolfo Ruvalcaba
Month
2025 ,
Year
and (2)
Name( s) of Signer( s)
proved to me on the basis of satisfactory evidence to
be the person( s) vy# fo appeared before me.
Signature
OPTIONAL
Signature of Nry PL/ blic
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Non -Collusion Affidavit
Document Date:
No Date
Number of Pages:
One
Signer( s) Other Than Named Above: No other signers
2019 National Notary Association
483
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP 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 of law or a safety regulation? Yes No
If the answer is yes, explain the circumstances in the following space.
N/ A
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 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- 1
484
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
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
rl„. A Signature)
12/5/ 2025
Date)
Bidder' sName: United Pavement Maintenance, Inc.
Address: 2907 Tully Rd, Hughson, CA, 95326
Mailing - P. O. Box 1017 Hughson, CA, 95326
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 ofthe Contract Documents.)
END OF SECTION)
00300- 11
485
Bidder' sSignature:
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS
CIP PS 26-0
BID PROPOSAL FORMS
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
SUBMIT WITH BID
Pursuant to Labor Code sections 1725. 5 and 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' s and 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 ofBidder: United Pavement Maintenance, Inc.
DIR Registration Number: 1000878534
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.
Uvu. I at/
Bidder' sName and Title: Rodolfo Ruvalcaba - President
Firm: United Pavement Maintenance, Inc.
Date: 12/5/ 2025
END OF DOCUMENT)
00300- 12
486
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
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 ofthe 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 of the following actions, within 30 calendar days ofreceiving 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.
B. Establishing an ongoing drug -free awareness program to inform employees about:
00300- 13
487
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
1. The dangers of drug abuse in the work place.
2. The Bidder' s
policy 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 of the 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:
1. Spartan Way, from Stanford Crossing to Golden Valley Parkway
2. Intersection of Barbara Terry Boulevard and Adobe Way BIDDER United Pavement Maintenance, Inc.
4/ vGIi, C-- q6 .`
Signature)
12/5/ 2025
Date)
00300- 14
488
ITEM 4. 14
CITY MANAGER' SREPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH
EP NO. 21- 83, LOCATED AT 17401 MANTHEY ROAD,
FROM MANTHEY ROAD INVESTMENTS, LLC
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Associated with Encroachment Permit No. 21- 83,
Located at 17401 Manthey Road from Manthey Road
Investments, LLC
SUMMARY:
Manthey Road Investments, LLC, the developer of the Fairfield Inn hotel located at 17401 Manthey Road, has completed the public improvements associated with Encroachment Permit ( EP) No. 2021- 83. A vicinity map of the improvements is included as Attachment " B".
Staff has inspected the improvements listed in Attachment " C" and the City Engineer has deemed them complete and in compliance with the approved plans and specifications. The approximate value of the improvements constructed is 192, 069. 61, as shown in the GASB 34 Report included as Attachment " C".
Manthey Road Investments, LLC has provided a one- year warranty bond based on 10% of the completed construction costs, as well as lien releases for the improvements proposed for acceptance.
Staff requests that City Council accept the public improvements listed in Attachment C,,
BACKGROUND:
The City of Lathrop Planning Commission approved Conditional Use Permit 21- 54 CUP -21- 54) and Site Plan Review 21- 55 (SPR- 21- 55) by Resolution 21- 19 on July 14, 2021, for a 4 -story, 53, 800 -square -foot hotel with 97 guestrooms.
The Conditions of Approval ( COAs) associated with CUP -21- 54 and SPR- 21- 55 required the installation of frontage improvements along Manthey Road, including, but not limited to, paving, landscaping, lighting and sidewalk. The work was completed under EP 2021- 83.
Staff has inspected the public improvements associated with EP 2021- 83 as listed in Attachment " C", and the City Engineer has deemed them complete and in compliance with the approved plans and specifications.
489
CITY MANAGER' S REPORT PAGE 2
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 21- 83, LOCATED AT 17401 MANTHEY RD, FROM MANTHEY ROAD INVESTMENTS, LLC Manthey Road Investments, LLC has submitted a one- year warranty bond equal to 10°/ 0 of the completed construction costs, along with lien releases for the improvements proposed for acceptance. Upon acceptance, the cashier' s check guarantee will be released and replaced with the warranty bond. The guarantee associated with the improvements proposed for acceptance is detailed in Table 1 below:
Table 1
Description Cashier' sCheck Warranty Bond
Number & Amount
Encroachment Permit
2021- 83
3880513643
110, 40
73779975
19, 206. 9
REASON FOR RECOMMENDATION:
Staff has inspected the public improvements associated with EP 2021- 83 listed in the GASB 34 Report, and the City Engineer has deemed them complete and in accordance with the approved plans and specifications.
Manthey Road Investments, LLC has provided unconditional lien releases and a oneyear warranty bond for the completed improvements. Staff recommends that the City Council accept the public improvements listed in Attachment " C".
FISCAL IMPACT:
The City' s maintenance costs will increase to maintain the accepted improvements.
The warranty bond will cover any repairs or replacements due to defective materials or workmanship required during the one- year period beginning with this acceptance.
The City' s
Service Maintenance Capital Facilities District 2004- 01 has been established to fund City maintenance and operating costs.
ATTACHMENTS:
A. Resolution to Accept Public Improvements Associated with Encroachment Permit ( EP) No. 2021- 83 Located at 17401 Manthey Road from Manthey Road Investments, LLC
B. Vicinity Map
C. GASB 34 Report - 17401 Manthey Road
490
CITY MANAGER' SREPORT PAGE 3
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 21- 83, LOCATED AT 17401 MANTHEY RD, FROM MANTHEY ROAD INVESTMENTS, LLC APPROVALS:
Bellal Nabizadah
Assistant Engineer
Brad aylor
City gine
Cari
Finance D. ector
i/5/ XP
Date
Date
7/ A0aLe
Date
lv Iioto
Thomas Hedegard Date
Deputy City Manager
7• Zozc
Michael King Date
Assistant City Manager
Salvador Navarrete
City Attorney
202 -
Date/
I. 2.. o
Steph J. Salvatore Date
City Manager
491
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 21- 83, LOCATED AT 17401 MANTHEY ROAD, FROM MANTHEY ROAD
INVESTMENTS, LLC
WHEREAS, on July 14, 2021, the City of Lathrop Planning Commission approved Conditional Use Permit 21- 54 (CUP -21- 54) and Site Plan Review 21- 55 SPR- 21- 55) by Resolution 21- 19 for a 4 -story, 53, 800 -square -foot hotel with 97 guestrooms located at 17401 Manthey Road; and
WHEREAS, the Conditions of Approval ( COAs) associated with CUP -21- 54 and SPR- 21- 55 required the installation of frontage improvements along Manthey Road, including, but not limited to, paving, landscaping, lighting and sidewalk. The work was completed under Encroachment Permit No. 2021- 83 (EP 2021- 83); and WHEREAS, construction of the frontage improvements is complete, and the approximate value of the improvements proposed to be accepted is $ 192, 069. 61, as shown in the GASB 34 Report; and
WHEREAS, Manthey Road Investments, LLC has submitted a one- year warranty bond equal to 10% of the completed construction costs, along with lien releases for the improvements proposed for acceptance. Upon acceptance, the cashier' scheck guarantee will be released and replaced with the warranty bond. The bonds associated with the improvements proposed for acceptance are detailed in Table 1 below:
Table 1
Description Cashier' s Check Warranty Bond
Number & Amount
Encroachment Permit
2021- 83
3880513643
110, 40
73779975
19, 206. 9
and
WHEREAS, staff has inspected the public improvements associated with EP 2021- 83 listed in the GASB 34 Report and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and WHERERAS, the one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
492
WHEREAS, staff recommends that the City Council accept the public improvements listed in Attachment " C" of the City Manager' s Report that accompanied this Resolution; and
WHEREAS, the City' s
maintenance costs will increase because of the
additional improvements that have to be maintained. The future operating and maintenance costs of these improvements will be funded by the Council approved Community Facilities District 2004- 01.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements associated with Encroachment Permit No. 2021- 83 located at 17401 Manthey Road from Manthey Road Investments, LLC.
493
PASSED AND ADOPTED by the City Council of the City of Lathrop this 12th day of January 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 494
GOLDEN
VALLEY
PARKWAY
r
I
r
PUBLIC
RIGHT- WAYOF- 1
MANTHEY
ROAD ®
o
OFF -
SITE
DRIVEWAY
30'
PUE
J
PROPERTY
LINE
INSTALLATION
Watt
I1 _
L
FAIRFIELD
BY
MARRIOTT
LATHROP,
CA
DATE:
12/ 29/025
1"
100'
0 100'
mem
495
ATTACHMENT
C "
City of Lathrop
Project Acceptance
GASB 34 Report)
Submitted by: MCR Engineering
Proiect: Fairfield Inn by Marriott
Address: 17401 S Manthev Road
Soft Costs
Date: 12/ 29/025
Unit Cost Total
1. Civil Engineering ( MCR Engineering, Inc.)
2. Construction Staking ( MCR Engineering, Inc.)
Item
A. Site Preparation
1. Mobilization
2. Site Clearing and Grubbing
Description
B. Sanitary Sewer
1. 6" Sewer ( PVC)
2. 48" Sanitary Sewer Manhole
3. Connect to Existing Sewer
C. Water System
1. 1. 5" Landscape Irrigation Water (PVC)
2. 4" Water ( PVC)
3. 4" Gate Valve
4. Thrust Block
5. 1" Backflow & Meter
6. 4" Backflow & Meter
7. Stub On -Site
8. Connect to Existing Water
D. Paving
1. 3.0" AC / 14" Class II AB
2. Concrete Sidewalk / Driveway
E. Miscellaneous
1. Erosion Control ( During Construction)
2. Sawcut Pavement Removal
mcR
Quantity
19, 750. 0
5, 000.
SUBTOTAL
Unit Cost
1 LS $ 10, 000.
1 AC $ 2, 500. 0
SUBTOTAL
265 LF $ 32. 00
2 EA $ 10, 000.
1 EA $ 6, 000.
SUBTOTAL
244 LF $
255 LF $
1 EA $
2 EA $
1 EA $
1 EA $
1 EA $
1 EA $
21. 00
30. 00
1, 300. 0
2, 500. 0
2, 500. 0
5,00. 0
1, 000.
2, 500. 0
SUBTOTAL
6, 000 SF $ 5. 06
6, 216 SF $ 7. 50
SUBTOTAL
1 LS $ 5, 000.
6, 000 SF $ 1. 50
SUBTOTAL
Hard Cost Subtotal:
Soft Cost Subtotal:
GRAND TOTAL
19, 750. 0
5, 000.
24, 750. 0
Total
10, 000.
1, 250. 0
11, 250. 0
8, 480. 0
20, 000.
6, 000.
34, 480. 0
5, 124. 00
7, 660. 11
1, 300. 0
5, 000.
2, 500. 0
5,00. 0
1, 000.
2, 500. 0
30, 584. 11
30,85. 50
46, 620. 0
77, 005. 50
5, 000.
9, 000.
14, 000.
167, 319. 61
24, 750. 0
192, 069. 61
ENGINEERING
496
ITEM 4. 15
CITY MANAGER' SREPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH
EP NO. 22- 128, LOCATED AT 1500 E. MADRUGA
ROAD, FROM CUNHA TRUCKING
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Associated with Encroachment Permit No. 22- 128,
Located at 1500 E. Madruga Road, from Cunha
Trucking
SUMMARY:
Cunha Trucking ( Cunha), the developer of the trucking facility expansion located at 1500 E. Madruga Road, has completed the public improvements associated with Encroachment Permit ( EP) No. 22- 128. A vicinity map of the improvements is included in Attachment " B".
Staff has inspected the improvements listed in Attachment " C" and the City Engineer has deemed them complete and in compliance with the approved plans and specifications. The approximate value of the improvements constructed is 784, 800. 0, as shown in the GASB 34 Report included as Attachment " C".
Cunha has provided a one- year warranty bond based on 10% of the completed construction costs, as well as lien releases for the improvements proposed for acceptance.
Staff requests that City Council accept the public improvements listed in Attachment BACKGROUND:
On August 12, 2021, the City of Lathrop Planning Division approved Minor Site Plan Review No. 21- 48 (MSPR- 21- 48) for the expansion of the existing trucking facility at 1500 E. Madruga Road ( APN: 241- 030- 33). The expansion authorizes an additional 11 commercial truck trailer parking spaces and 21 automobile parking spaces including 1 accessible parking space). This approved construction includes expansion of the existing roadway, utility extensions, landscaping, and related site improvements.
The conditions of approval associated with MSPR- 21- 48required the installation of offsite improvements along Madruga Road, including but not limited to curb, gutter, sidewalk, landscaping, and utilities. The work was completed under EP 22- 128. 497
CITY MANAGER' S REPORT PAGE 2
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 22- 128, LOCATED AT 1500 E. MADRUGA ROAD, FROM CUNHA TRUCKING
Staff has inspected the public improvements associated with EP 22- 128, as listed in Attachment " C" and the City Engineer has deemed them complete and in compliance with the approved plans and specifications.
Cunha has submitted a one- year warranty bond equal to 10% of the completed construction costs, along with lien releases for the improvements proposed for acceptance. Upon acceptance, the performance bond will be released and replaced with the warranty bond. The bonds associated with the improvements proposed for acceptance are detailed in Table 1 below.
Table 1
Description Performance Bond Warranty Bond
Encroachment Permit
22- 128
4459688
173, 524. 00
4459688W
78, 480. 0
REASON FOR RECOMMENDATION:
Staff has inspected the public improvements associated with EP 22- 128 listed in the GASB 34 Report, and the City Engineer has deemed them complete and in accordance with the approved plans and specifications.
Cunha has provided unconditional lien releases and a one- year maintenance bond for the completed improvements. Staff recommends that the City Council accept the public improvements listed in Attachment " C".
FISCAL IMPACT:
The City' s
maintenance costs will increase to maintain the accepted improvements.
The warranty bond will cover any repairs or replacements due to defective materials or workmanship required during the one- year period beginning with this acceptance.
The City' s
Service Maintenance Capital Facilities District 2019- 01 has been established to fund City maintenance and operating costs.
ATTACHMENTS:
A. Resolution to Accept Public Improvements Associated with Encroachment Permit ( EP) No. 22- 128 Located at 1500 E. Madruga Road from Cunha Trucking
B. Vicinity Map
C. GASB 34 Report - 1500 E. Madruga Road
498
CITY MANAGER' S REPORT PAGE 3
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 22- 128, LOCATED AT 1500 E. MADRUGA ROAD, FROM CUNHA TRUCKING
APPROVALS:
Bellal Nabizadah
Assistant Engineer
Brad A" aylor
City Engineer
Car
Finance rector
V5 72 6
Date
is/ 1,6A)-
Date
Date
ih/ o2( 7a-- C
C11 z
Thomas Hedega h—' Date
Deputy City Manager
J 7 . 2ozc4,
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
499
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
THE PUBLIC IMPROVEMENTS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 22- 128, LOCATED AT 1500 E. MADRUGA ROAD, FROM CUNHA TRUCKING WHEREAS, on August 12, 2021, the City of Lathrop Planning Division approved Minor Site Plan Review No. 21- 48 (MSPR- 21- 48) for the expansion of the existing trucking facility at 1500 E. Madruga Road ( APN: 241- 030- 33). The expansion authorizes an additional 11 commercial truck trailer parking spaces and 21 automobile parking spaces ( including 1 accessible parking space), and includes expansion of the existing roadway, utility extensions, landscaping, and related site improvements; and
WHEREAS, the conditions of approval associated with MSPR- 21- 48 required the installation of offsite improvements along Madruga Road, including but not limited to curb, gutter, sidewalk, landscaping, and utilities. The work was completed under Encroachment Permit No. 22- 128 (EP 22- 128); and
WHEREAS, Cunha Trucking has submitted a one- year warranty bond equal to 10% of the completed construction costs, along with lien releases for the improvements proposed for acceptance. Upon acceptance, the performance bond will be released and replaced with the warranty bond. The bonds associated with the improvements proposed for acceptance are detailed in Table 1 below:
Table 1
Description Performance Bond Warranty Bond
Encroachment Permit
22- 128
4459688
173, 524. 00
4459688W
78, 480. 0
and
WHEREAS, staff has inspected the public improvements associated with EP 22- 128 listed in the GASB 34 Report and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and WHEREAS, the one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, staff recommends that the City Council accept the public improvements listed in Attachment " C" of the City Manager' s Report that accompanied this Resolution; and
WHEREAS, the City' s Service Maintenance Capital Facilities District 2019- 01 has been established to fund City maintenance and operating costs. 500
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements associated with Encroachment Permit No. 22- 128 located at 1500 E. Madruga Road from Cunha Trucking. 501
PASSED AND ADOPTED by the City Council of the City of Lathrop this 12th day of January 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas
City Clerk
Salvador Navarrete
City Attorney
502
503
ATTACHMENT
C ..
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB34 REPORT)
Submitted by: Paul Bottini
Projecty Name: CUNHATRUCKING FACILITY
Description
Off -site UG Improvements
15" Storm Drain
24" Storm Drain
60" Storm Drain Manhole
Storm Drain Catch Basin
CTE Storm Drain Stub
8" Septic Sewer
60" Sewer Manhole
CTE Septic Sewer Stub
6" Water
8" Water
Hydrant Lateral W/ GV & Hydrant
6" RP Backflow
8" Backflow
6" Gate Valves
8" Gate Valves
4" Water Meter & Vault
Off -Site Street Improvements ( Topside)
Demo Asphalt
Install 10" CL II AB
Install6" HMA
Driveway
Sidewalk 6"
Curb and Gutter
Road stripping
Bollards
Signage
Unit Qty Unit Price Amount
LF 23 $ 260. 87 $ 6, 000.0
LF 307 $ 342. 02 105, 000.
EA 2 $ 14, 000. 28, 000.
EA 1 $ 7, 000. 7, 000.
EA 1 $ 7, 000. 7, 000.
LF 305 $ 573. 77 175, 000.
EA 2 $ 25, 000. 50, 000.
EA 1 $ 7, 600. 0 7, 600. 0
LF 51 $ 147. 06 7, 500. 0
LF 350 $ 185. 71 65, 000.
EA 1 $ 15, 000. 15, 000.
EA 1 $ 24, 000. 24, 000.
EA 1 $ 28, 000. 28, 000.
EA 3 $ 3, 000.0 9, 000.
EA 1 $ 4, 000.0 4, 000.0
EA 1 $ 18, 000.0 18, 000.
556, 100. 0
SF 16883 $ 0. 95 $ 16, 000.0
SF 16979 $ 3. 53 60, 000.0
SF 16979 $ 6. 48 110, 000.
SF 250 $ 8. 00 2, 000.
SF 2612 $ 9. 38 24, 500. 0
LF 1007 $ 9.3 10, 000.
EA 1 $ 4, 800. 00 4, 800. 0
EA 2 $ 200. 00 400. 00
EA 4 $ 250. 00 1, 000.
228, 700. 0
Total Offsite Underground and Topside $ 784, 800. 0
504
CITY MANAGER' SREPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
ITEM 5. 1
PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER AMENDMENTS TO CHAPTER 2.0
YOUTH ADVISORY COMMISSION OF THE
LATHROP MUNICIPAL CODE ( LMC)
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an
Ordinance to Amend the Lathrop
Municipal Code ( LMC) Section 2.0. 020
Membership", Section 2.0. 030 "Term
of Office" and Section 2.0. 060 "Duties
and Responsibilities"
SUMMARY:
After a review of the goals of the Youth Advisory Commission, an update to the Lathrop Municipal Code ( LMC) as it relates to Membership, Term of Office, and the Duties and Responsibilities of the commissioners is recommended by staff. Updates to the LMC Chapter 2.0, specifically to section 2.0. 020 "Membership", section
2.0. 030 "Term of Office" and section 2.0. 060 "Duties and Responsibilities" are recommended to align with the goals of the commission.
BACKGROUND:
Staff has identified the proposed amendments to the LMC Chapter 2. 20, specifically to section 2.0. 020 "Membership", section 2.0. 030 "Term of Office" and section
2.0. 060 "Duties and Responsibilities" to more closely align with the goals of the commission.
Each of the proposed amendments to LMC Chapter 2.0 are stated below and are outlined in Exhibit A to Attachment A. (Recommended new verbiage identified with an underline, and any proposed deleted verbiage identified by a strike through.) The proposed changes include the following:
Update Section 2.0. 020 "Membership" to no longer require members to be represented by three ( 3) freshman, three ( 3) sophomore, three ( 3) juniors and three 3) seniors, but rather represented by those individuals who are interested, apply and are committed to the commission goals regardless of grade level.
Update Section 2.0. 030 "Terms of Office" to incorporate the revised terms recommended by staff and supported by a vote of the members of YAC to eliminate the position of secretary and treasurer because the Parks and Recreation Manager acts as the official secretary for the Youth Advisory Commission and the City Manager acts as the official treasurer for all City affairs.
505
CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ORDINANCE TO AMEND CHAPTER 2.0 OF THE LATHROP MUNICIPAL CODE Additionally, staff recommends eliminating the need for a liaison between the Youth Advisory Commission and the Parks and Recreation Commission as pertinent information is relayed to the Parks and Recreation Commission through the Secretary.
With regard to the " Duties and Responsibilities" as outlined in LMC 2.0. 060, the proposed updates align with the goals of the commission and are as follows:
The Youth Advisory Commission shall have the following duties and responsibilities:
A. To advise staff on recreational, education, and social service opportunities for those ages 12-7 within the City of Lathrop.
To develop recreational, educational, and social service opportunitics for those teens no less than 13 and no more than 18 years of age; B. To act in an advisory capacity to the city council in all matters pertaining to the youth and teen population;
C. To foster close coordination of services between agencies in the county of San Joaquin providing services to youth and teens and the city to avoid duplication of services;
To encourage a sound program to expand youth - acilitics including development and maintenance;
D. To interpret youth programs to public officials and the general citizenry in order to promote understanding and financial support from public and private sources;
E. To act in an advisory capacity to the city staff council in making plans for and conducting activities for youth;
F. To work with staff to develop new recreation programs, activities and special events for those ages 12-7, provided they can be accommodated within the youth development approved budget;
C. To recommend to thc city council thc cstab ishmcnt of general policies, rulc3 and regulations, and rates or fccs to be charged with rcspcct to the operation of a Lathrop teen program and its services as defined by the annual budget; H. To consider recommendations and requests originating from any source; I. To make periodic inspections of the youth facilities; J. To advise the city council in the acquisition, development, beautification and maintenance of additional facilities for use by youth;
K. To advise thc city council in coordinating thc youth services with thc program3 of othcr organizations and government agencies;
L. To advise in the preparation of the annual teen budget and long range capital improvement programs for youth and teen amenities for submission to the city council;
506
CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ORDINANCE TO AMEND CHAPTER 2.0 OF THE LATHROP MUNICIPAL CODE Additionally, staff recommends eliminating the need for a liaison between the Youth Advisory Commission and the Parks and Recreation Commission as pertinent information is relayed to the Parks and Recreation Commission through the Secretary.
With regard to the " Duties and Responsibilities" as outlined in LMC 2.0. 060, the proposed updates align with the goals of the commission and are as follows:
The Youth Advisory Commission shall have the following duties and responsibilities:
A. To advise staff on recreational, education, and social service opportunities for those ages 12-7 within the City of Lathrop.
To develop recreational, educational, and social scrv+ c-epportunitics for those teens no less than 13 and no more than 18 years of age; B. To act in an advisory capacity to the city council in all matters pertaining to the youth and teen population;
C. To foster close coordination of services between agencies in the county of San Joaquin providing services to youth and teens and the city to avoid duplication of services;
To encourage a sound program to expand youth facilities including development and maintenance;
D. To interpret youth programs to public officials and the general citizenry in order to promote understanding and financial support from public and private sources;
E. To act in an advisory capacity to the city staff council in making plans for and conducting activities for youth;
F. To work with staff to develop new recreation programs, activities and special events for those ages 12-7, provided they can be accommodated within the youth development approved budget;
E. To rccommcnd to thc city council thc establishment of general policies, rulc3 and regulations, and rates or fees to be charged with respect to the operation of a Lathrop teen program and its services as defined by the annual budget; H. To consider Fecenifficndations and requests originating € Fom any source; I. To make periodic inspections of the youth facilities; J. To advise the city council in the acquisition, development, beautification and maintenance of additional facilities for use by youth;
K. To advise the city council in coordinating the youth services with the programs of other organizations and government agcncics;
L. To advise in thc preparation of thc annual tccn budget and long range capital - improvement programs for youth and teen amenities for submission to the city council;
507
CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ORDINANCE TO AMEND CHAPTER 2.0 OF THE LATHROP MUNICIPAL CODE RECOMMENDATION:
The proposed amendments of Lathrop Municipal Code Section 2.0. 020 Membership", Section 2.0. 030 "Term of Office" and Section 2.0. 060 "Duties and Responsibilities" are intended to update and align the LMC with the goals of the commission.
FISCAL IMPACT: None
ATTACHMENTS:
A. An Ordinance of the City Council of the City of Lathrop to Amend the Lathrop Municipal Code Section 2.0. 020 "Membership", Section 2.0. 030 "Term of Office" and Section 2.0. 060 "Duties and Responsibilities".
Exhibit A: Chapter 2.0 Youth Advisory Commission Section 2.0. 020 Membership", Section 2.0. 030 "Term of Office" and Section 2.0. 060 Duties and Responsibilities"
508
CITY MANAGER' S REPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ORDINANCE TO AMEND CHAPTER 2.0 OF THE LATHROP MUNICIPAL CODE APPROVALS:
48bsIl 12. 16 =Ls
Todd Sebastian Date
Director of Parks and Recreation
Thomas Hedegard Date
Deputy City Manager
2 // S/ 7cnf
z • /Co • 20• Z.5. -
Michael King Date
Assistant City Manager
Z.-(> - w?
Salvador Navarrete Date
City Attorney
l.a. -Vo
Stephen J. Salvatore Date
City Manager
509
ORDINANCE NO. 26 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND THE LATHROP MUNICIPAL CODE SECTION 2.0. 020 " MEMBERSHIP", SECTION 2.0. 030 "TERM OF OFFICE" AND SECTION 2.0. 060 "DUTIES AND RESPONSIBILITIES"
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on January 12, 2026, to review and consider this Ordinance; and
WHEREAS, staff identified the proposed amendments to more closely align the Lathrop Municipal Code with the goals of the commission; and WHEREAS, staff request that the City Council consider amending LMC section
2.0. 020 "Membership", section 2.0. 030 "Term of Office" and section 2.0. 060 Duties and Responsibilities" as shown in Attachment A, incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Lathrop does hereby approve amending section 2.0. 020 "Membership", section
2.0. 030 "Term of Office" and section 2.0. 060 "Duties and Responsibilities" of the Lathrop Municipal Code as shown in Attachment A, incorporated by reference herein.
Section 1. The Lathrop Municipal Code is hereby amended as shown in Attachment A, attached hereto and incorporated by reference herein.
Section 2. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. - Severability. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. - Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. - Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall make a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
510
THIS ORDINANCE was introduced at a Regular Meeting of the City Council of the City of Lathrop on the 12th day of January, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 2026 by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO, FORM:
S
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 511
EXHIBIT A
City of Lathrop, CA
2.0. 010
CHAPTER 2.0
YOUTH ADVISORY COMMISSION
2.0. 040
2.0. 010. Established.
The youth advisory commission of the city, hereinafter referred to in this chapter as the commission," is created.
Ord. 01- 186 § 1)
2.0. 020. Membership.
A. The youth advisory commission shall consist of no less than seven and no more than 13 members represented by three freshman, three sophomores, three juniors, three seniors and one member who can be in any grade level to serve as the chair. Each commissioner shall:
1) be no less than 13 years of age and no more than 18 years of age; and ( 2) a student in grades 9 through 12, in an approved education program for high school students; and ( 3) a resident of the city or its sphere of influence, at the time of application for appointment and continuously thereafter.
B. A quorum shall consist of a majority of the then -appointed members.
C. The members shall be appointed by the mayor, with the approval ofthe city council.
Ord. 01- 186 § 1; Ord. 03- 224 § 4; Ord. 07- 272 § 6; Ord. 16- 368 § 1)
2.0. 030. Term of office.
A. Members of the commission shall serve for a period of one year. If a vacancy shall occur otherwise than the expiration of a term, it shall be filled by appointment by the mayor, with the approval of the city council, for the unexpired portion of the term. No person appointed as a commissioner shall be eligible to serve more than three consecutive terms or majority portions thereof.
B. A member of the commission may be removed from office by the mayor, with the approval by the city council. Whenever a member of the youth advisory commission has missed three meetings in a year of the youth advisory commission, the question of that person' s continuance in office must be placed on the agenda for the next regular meeting of the city council. The secretary of the youth advisory commission shall keep an attendance record and inform any member by letter when he or she has two absences.
C. The youth advisory commission shall select a chair and; vice -chair, secretary and treasurer from among its members. The term of these offices shall be one year.
D. One member of youth advisory commission will act as a liaison to the Lathrop parks and recreation commission. Their responsibilities shall be to attend parks and recreation commission meetings; acting as a conduit for information between the two commissions. He or she will provide a
report monthly to the YAC members on issues addressed by the parks Ord. 01- 186 § 1; Ord. 07- 272 § 7; Ord. 16- 368 § 1)
Downloaded from https:// ecode360. com/ LA4956 on 2025- 07- 23 512
City of Lathrop, CA
2.0. 040 2.0. 060
2.0. 040. Meetings.
A. The youth advisory commission shall schedule at least one meeting per month at such time and place as it may fix by resolution. Special meetings of the commission may be called at any time by the chairperson or by any three or more members of the commission upon 24 hour personal notice being given to all members ofthe commission. Ifpersonal notice cannot be given, written notice must be mailed to such members at least five days prior to the meeting. Notice shall be posted at the city offices at least 24 hours prior to a special meeting.
B. A majority of members shall constitute a quorum at any regular or special meeting of the commission.
Ord. 01- 186 § 1)
2.0. 050. Rules and records.
The youth advisory commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, correspondence, findings and determinations, which shall be public record. The commission shall render such reports to the city council as may be required.
Ord. 01- 186 § 1)
2.0. 060. Duties and responsibilities.
The youth advisory commission shall have the following duties and responsibilities:
tA. To advise staff on recreational, education, and social service opportunities for those ages 12-7 within the City of Lathrop. T develop recreational, educational, and social service opportunities for those teens no less than 13 and no more than 18 years of age; B B. To act in an advisory capacity to the city council in all matters pertaining to the youth and teen population;
Q To encourage a sound program to expand youth facilities including development and maintenance;
DCTo foster close coordination of services between agencies in the county of San Joaquin providing services to youth and teens and the city to avoid duplication of services; B: DTo interpret youth programs to public officials and the general citizenry in order to promote understanding and financial support from public and private sources; R ETo act in an advisory capacity to the city=- euileilcity staff- jn making plans for and Formatted: Font 12 pt conducting activities for youth;
O. To recommend to the city council the establishment of general policies, rules and regulations, and rates or fees to be charged with respect to the operation of a Lathrop teen program and its services as defined by the annual budget;
H. To consider recommendations and requests originating from any source; I. To make periodic inspections of the youth facilities; J. To advise the city council in the acquisition, development, beautification and maintenance of Formatted: Indent: Left: 0. 33", No bullets or
numbering
Formatted: Font: 12 pt
Formatted: Normal, No bullets or numbering
Formatted: Font: 12 pt
Formatted: Font 12 pt
Downloaded from httpsl/ ecode360. com/ LA4956 on 2025- 07- 23 513
City of Lathrop, CA
2.0. 060
additional facilities for use by youth;
2.0. 060
organizations and government agencies;
L. To advise in the preparation of the annual teen budget and long range capital improvement programs for youth and teen amenities for submission to the city council; M. To advise the city council on the problems of the do, elopment of facilities, programs and improved services for youth;
extent possible, agreements « ith other governing bodies for the best possible joint use of youth and other facilities;
facilities to be erected in conjunction with senior activities; P. To recommend to the city council policies, rules and regulations relating to the conduct of youth facilities and activities and rates or fees to be charged for the use of youth facilities or programs;
Q.
R.
To perform such other duties as may be requested from time to time by the city council; The city council shall not receive recommendations from the commission on the same subject matter within a six month period without significant additional information and/ or without a majority vote of the commission;
S. To annually hold a
joint meeting with the parks and recreation commission to discuss goals for the coming year.
F. To work with staff to develop new recreation programs activities and special events for those ages 12-7, provided they can be accommodated within the youth development approved budget;
G. To approve the disbursement and/ or expenditure of funds identified as commission funds in the youth development budget provided that these expenditures shall in all instances follow the city' s purchasing system as defined in LMC Section 2. 36. 050( A) and ( B) for purchases up to $ 4, 999 requiring the signature of the appropriate department head; and expenditures above $ 5, 000 requiring the approval and signature of the city manager and further provided that such expenditures shall also be to carry on programs for those ages 12-7, while allowing the commission to make non -teen programming -related financial discretionary expenditures of up to $ 3, 000 annually, provided they can be accommodated within the youth development approved budget, and not to make physical changes to any city property.
H. To perform such other duties as may be reauested from time to time by the cites council.
Ord. 01- 186 § 1; Ord. 03- 224 § 5)
Downloaded from https:// ecode360. com/ LA4956 on 2025- 07- 23 Formatted: Font 12 pt
Formatted: Indent Left: 0. 33", No bullets or
numbering
Formatted: List Paragraph, Right 0. 25", Numbered +
Level: 1 + Numbering Style: A, B, C, ... + Start at: 7 + Alignment Left + Aligned at 0. 31" + Indent at 0. 56",
Tab stops: 0. 33", Left
Formatted: Font: 12 pt
Formatted: Justified, Numbered + Level: 1 +
Numbering Style: A, B, C, ... + Start at 7 + Alignment:
Left + Aligned at 0. 31" + Indent at 0. 56"
514
ITEM 5. 2
CITY MANAGER' SREPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: REVIEW AND CONSIDER RED- LIGHT SAFETY
CAMERAS AT THE INTERSECTIONS OF RIVER
ISLANDS PARKWAY & MCKEE BOULEVARD, LATHROP
ROAD & 5TH STREET/ WOODFIELD DRIVE, AND
GOLDEN VALLEY PARKWAY & SPARTAN WAY
RECOMMENDATION: Council to Consider Red - Light Safety Cameras at the Intersections of River Islands Parkway & Mckee
Boulevard, Lathrop Road & 5th Street/ Woodfield
Drive, and Golden Valley Parkway & Spartan Way
SUMMARY:
During the October 13, 2025 Council Meeting, Council Member Dresser made a referral requesting that staff investigate red- light safety cameras at multiple intersections throughout the City. In addition, staff have received complaints from residents and reports from the Lathrop Police Department ( LPD) regarding frequent red -light - running at numerous intersections throughout the City.
Red -light -running remains a
leading cause of severe right- angle ("T- bone") crashes at signalized intersections nationally, resulting in hundreds of deaths and tens of thousands of injuries each year. Studies by the Insurance Institute for Highway Safety IIHS), Federal Highway Administration ( FHWA), and other safety organizations show that automated red- light enforcement can reduce red- light violations by roughly 40% and fatal red -light -running crashes in large U. S. cities by approximately 21-4%.
Staff recommends that Council consider the installation of red- light safety cameras at the intersections of River Islands Parkway & Mckee Boulevard, Lathrop Road & 5th Street/ Woodfield Drive, and Golden Valley Parkway & Spartan Way to reduce violations and increase safety.
BACKGROUND:
Staff identified Verra Mobility, a leading company in automated red- light enforcement technology, as the only available comprehensive solution for automated enforcement.
Verra Mobility assisted staff with identifying intersections where automated red- light enforcement may be most effective and the intersections of River Islands Parkway & Mckee Boulevard, Lathrop Road & 5th Street/ Woodfield Drive, and Golden Valley Parkway & Spartan Way were selected.
515
CITY MANAGER' S REPORT PAGE 2
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER RED- LIGHT SAFETY CAMERAS AT THE
INTERSECTIONS OF RIVER ISLANDS PARKWAY & MCKEE BOULEVARD, LATHROP ROAD & 5T" STREET/ WOODFIELD DRIVE, AND GOLDEN VALLEY
PARKWAY & SPARTAN WAY
The primary purpose of automated red- light enforcement is to improve intersection safety, not to generate revenue. Key objectives include:
Reducing the frequency and severity of right- angle and other red -light -running crashes that tend to cause serious injuries and fatalities.
Improving driver compliance with traffic signals citywide through deterrence and predictable enforcement, including a spillover effect at non -camera intersections.
National and regional evaluations provide a strong evidence base for automated redlight enforcement:
An IIHS- cited study found that installation of red- light cameras reduced red- light violations by about 40% at treated intersections.
Large -city studies report about a 21-4% reduction in fatal red -Tight -running crashes after implementing red light camera programs.
FHWA research has documented roughly a 25% decrease in total right- angle crashes and a 16% reduction in injury right- angle crashes at intersections with red light cameras, though some locations see modest increases in rear -end crashes, which are generally less severe.
Automated red- light enforcement cameras are typically placed at the approach to the intersection and are connected to the traffic signal cabinet to determine when the traffic signal transitions from yellow to red. The traffic signal cabinet connection is on -way, meaning that the traffic signal operation and timing cannot be altered by the enforcement camera.
The State of California adopted Senate BiII 720 ( SB 720) on January 1, 2026, which regulates the use of automated red- light enforcement cameras. SB 720 creates an optional " Safer Streets Program" that lets cities and counties run red light camera systems under a new, less punitive framework: violations are treated as civil, not criminal, with tickets issued to the vehicle owner based on the license plate rather than to the identified driver, and fines are capped at about $ 100 including fees, instead of the previous system where tickets could exceed $ 500, add points to a driver' s record, and were processed through the court system. The bill requires strong privacy protections by focusing cameras on the rear plate and limiting use and retention of images, and it directs any revenue specifically to road safety and street improvement projects rather than general funds. In addition, the revenue for the contractor providing and maintaining the automated red- light enforcement camera system is limited to a flat rate of $5250 with the remaining revenue from violations going to the City.
516
CITY MANAGER' SREPORT PAGE 3
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER RED- LIGHT SAFETY CAMERAS AT THE
INTERSECTIONS OF RIVER ISLANDS PARKWAY & MCKEE BOULEVARD, LATHROP ROAD & 5TH STREET/ WOODFIELD DRIVE, AND GOLDEN VALLEY
PARKWAY & SPARTAN WAY
The expected monthly revenue for each intersection is as follows:
River Islands Parkway & Mckee Boulevard: $10, 540
Lathrop Road & 5th Street/ Woodfield Drive: $7, 500
Golden Valley Parkway & Spartan Way: $7, 640
To participate in SB 720, the City must adopt an automated traffic enforcement system impact report at a public hearing before implementing the automated red- light enforcement cameras. The system impact report must be made available for public review at least 30 days before the public hearing and the City must announce the implementation 30 days in advance of operation, in addition to a 60 day no fine warning period.
Staff recommends that Council consider the installation of red- light safety cameras at the intersections of River Islands Parkway & Mckee Boulevard, Lathrop Road & 5th Street/ Woodfield Drive, and Golden Valley Parkway & Spartan Way to reduce violations and increase safety. If Council decides to proceed, staff will return with the automated traffic enforcement system impact report and detailed implementation information for final approval of a contract.
REASON FOR RECOMMENDATION:
Red -light -running remains a leading cause of severe right- angle ("T- bone") crashes at signalized intersections nationally, resulting in hundreds of deaths and tens of thousands of injuries each year. Studies by the Insurance Institute for Highway Safety IIHS), Federal Highway Administration ( FHWA), and other safety organizations show that automated red- light enforcement can reduce red- light violations by roughly 40% and fatal red -Tight -running crashes in large U. S. cities by approximately 21-4%.
FISCAL IMPACT:
No fiscal impacts associated with this item. Future fiscal impacts will be addressed based on council direction.
ATTACHMENTS:
A. Intersection Feasibility Report
517
CITY MANAGER' S REPORT PAGE 4
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER RED- LIGHT SAFETY CAMERAS AT THE
INTERSECTIONS OF RIVER ISLANDS PARKWAY & MCKEE BOULEVARD, LATHROP ROAD & 5T" STREET/ WOODFIELD DRIVE, AND GOLDEN VALLEY
PARKWAY & SPARTAN WAY
APPROVALS:
Date
01- °'.- 6
o Fernandes Date
Information Systems Director
phen Sealy
Chief of Police
1/; 720
Date
Thomas Hedegard Date
Deputy City Manager
I-7• zdz4.
Michael King Date
Assistant City Manager
Salvador Navarrete
City Attorney
7- ZoZ6
Date
8•Z(o
Stephen J. Salvatore Date
City Manager
518
Attachment A
Intersection
Average Daily
Traffic Rating
Expected Total
Revenue
Expected City Revenue
less $ 5250/ mo)
NB GOLDEN VALLEY PKWY @ SPARTAN WAY 9311 4. 17 9, 382. 50 4, 132. 50 WB SPARTAN WAY @ GOLDEN VALLEY PKWY 9311 3. 89 8, 752. 50 3, 502.0 EB RIVER ISLANDS PKWY @ MCKEE BLVD 13349 4. 53 10,92. 50 4, 942. 50 WB RIVER ISLANDS PKWY @ MCKEE BLVD 13349 4. 82 10, 845. 00 5,95. 00 EB W LATHROP @ 5TH ST / WOODFIELD DR 14938 3.5 7, 537.0 2,87. 50 WB W LATHROP @ 5TH ST / WOODFIELD DR 14938 4. 65 10, 462. 50 5, 212. 50 EB E LOUISE AVE @ S HARLEN RD 17400 2. 08 4, 680. 0 570. 00 WB E LOUISE AVE @ S HARLAN RD 17400 3. 15 7, 087. 50 1, 837. 50 EB W LATHROP RD @ S HARLAN RD 15596 3. 67 8, 257. 50 3, 007. 50 WB W LATHROP RD @ S HARLAN RD 15596 3. 63 8, 167. 50 2, 917. 50 519
PAGE LEFT
INTENTIONALLY
BLANK
520