September 14, 2026 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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September 14, 2026 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
City Council
Paul Akinjo, Mayor
Jennifer Torres-O’Callaghan, Vice Mayor
Minnie Diallo, Councilmember
Stephen Dresser, Councilmember
Diane Lazard, Councilmember
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Thomas Hedegard, Deputy City Manager
Stephen Sealy, Chief of Police
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, Public Works Director / City
Engineer
Tony Fernandes, Information Systems
Director
Cari James, Finance Director
Juliana Burns, Human Resources Director
Rick Caguiat, Community Development
Director
Todd Sebastian, Parks and Recreation
Director
General Order of Business
1. Preliminary
• Call to Order
• Closed Session
• Roll Call
• Invocation
• Pledge of Allegiance
• Announcements by Mayor/City Mgr.
• Informational Items
• Declaration of Conflict of Interest
2. Presentations
3. Citizen’s Forum
4. Consent Calendar
5. Scheduled Items
• Public Hearings
• Appeals
• Referrals and Reports from
Commissions and Committees
• All Other Staff Reports and/or Action
Items
• Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after
introduction of an item by the Mayor will include
comments and information by staff followed by
City Council questions and inquiries. The
applicant, or their authorized representative, or
interested residents, may then speak on the item;
each speaker may only speak once to each item.
At the close of public discussion, the item will be
considered by the City Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by
one motion and one vote. There will be no
separate discussion of these items unless a
Councilmember or interested resident so requests,
in which case the item will be removed from the
Consent Calendar and considered separately.
1 September 14, 2026 Lathrop City Council Regular Meeting Agenda Page 1
IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcome in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1658461870?pwd=j2eBBibzgQUWVBi LvKIXPnKXCsX8Aw.1
• During the meeting, those joining ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter. Please ensure your computer speaker and microphone are fully functional.
• For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
• Meeting Webinar ID: 165 846 1870 / Passcode: 946054
• If you are not able to attend the meeting in person or virtually - Public comment / questions will be accepted by email to City Clerk Teresa Vargas at [email protected]. Please refer to the Agenda Item or Public Comment Matter, and the date of the City Council Meeting, in your written communication.
• Questions or comments submitted by email must be submitted by 4:00 p.m., on the day of the meeting.
• To address the City Council in person, please submit a purple card to the City Clerk indicating name and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage by accessing the Live Stream link.
Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address the City Council, a card must be submitted to the City Clerk indicating the name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. To ensure all persons, have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 September 14, 2026 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest in speaking, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item. Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941- 7230. To send an e-mail for Councilmembers simultaneously email:
[email protected]. This City Council Agenda and meeting materials can be accessed at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the Lathrop-Manteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested people must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230.
Information about the City or items scheduled on the agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 September 14, 2026 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 14, 2026, 7:00 P.M.
CLOSED SESSION, 6:30 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:30 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 LIABILITY CLAIMS: Pursuant to CA Government Code Section 54956.95:
a. Claimant: Alejandra Maldonado
Agency Claimed Against: City of Lathrop
RECONVENE
1.2.2 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM(S)
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 PROCLAMATION DECLARING HISPANIC HERITAGE MONTH FROM SEPTEMBER 15, 2026 - OCTOBER 15, 2026
4 September 14, 2026 Lathrop City Council Regular Meeting Agenda Page 4
3. CITIZEN’S FORUM
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest in speaking, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)).
Unless directed otherwise by City Council majority, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular City Council Meeting of July 13, 2026
4.3 TREASURER’S REPORT FOR JUNE 2026
Approve Quarterly Treasurer’s Report for June 2026
4.4 2026 CONFLICT OF INTEREST CODE BIENNIAL AMENDMENT
Adopt Resolution Adopting an Amended Conflict of Interest Code
4.5 RATIFY THE SERVICE CONTRACT WITH ASTOUND BUSINESS
SOLUTIONS, LLC FOR THE RENEWAL OF INTERNET CIRCUIT SERVICES Adopt Resolution Ratifying the Service Contract with Astound Business Solutions, LLC for the Renewal of Internet Circuit Services 5 September 14, 2026 Lathrop City Council Regular Meeting Agenda Page 5
4.6 POLICY AND PROCEDURE TO PRIORITIZE WATER AND SEWER SERVICE
FOR AFFORDABLE HOUSING DEVELOPMENT
Adopt Resolution to Approve a Policy and Procedure Prioritizing Water and Sewer Service for Affordable Housing Development
4.7 ADOPT EAST LATHROP STORMWATER MASTER PLAN AND APPROVE CEQA DETERMINATION, CIP SD 25-17
Adopt Resolution to Adopt East Lathrop Stormwater Master Plan, CIP SD 25-17 and Approve Addendum to the General Plan Environmental Impact Report in Accordance with CEQA Guidelines Sections 15162 and 15164
4.8 APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH UNIFIED CALIFORNIA SERVICES FOR
MICROTRANSIT SERVICES AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Authorize the City Manager or Designee to Execute an Amendment to the Professional Services Agreement with Unified California Services for Microtransit Services and Approve Budget Amendment
4.9 APPROVE AN EASEMENT DEED TO PACIFIC GAS AND ELECTRIC
COMPANY FOR UNDERGROUND ELECTRIC DISTRIBUTION FACILITIES ON CITY PROPERTY AT 18300 HOWLAND ROAD (APN 198-130-11) Adopt Resolution to Approve an Easement Deed to Pacific Gas and Electric Company for Underground Electric Distribution Facilities on City Property at 18300 Howland Road (APN 198-130-11) and Authorize the City Manager to Execute the Easement Deed
4.10 APPROVE TASK ORDER NO. 1 UNDER A MASTER AGREEMENT WITH MBK
ENGINEERS TO PROVIDE PERMITTING AND PROJECT SUPPORT FOR CIP SD 26-26 CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE
REPAIRS AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Approve Task Order No. 1 Under a Master Agreement with MBK Engineers to Provide Permitting and Project Support for CIP SD 26-26 Crossroads Storm Drain Pump Station Outfall Pipe Repairs, and Approve Budget Amendment
4.11 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY NORGO
ENGINEERING, INC., FOR CHRISTOPHER WAY PIPELINE MAINTENANCE
PROJECT
Adopt Resolution to Accept Public Improvements Constructed by Norgo Engineering, Inc., for Christopher Way Pipeline Maintenance Project, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds 6 September 14, 2026 Lathrop City Council Regular Meeting Agenda Page 6
4.12 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PANELIZED STRUCTURES, INC., FOR THE LATHROP ELECTRIC VEHICLE CHARGING STATION, CIP GG 24-28
Adopt Resolution to Accept Public Improvements Constructed by Panelized Structures, Inc., for the Lathrop Electric Vehicle Charging Station, CIP GG 24-28, and Authorize the Filing of a Notice of Completion, the Release of Contract Retention, and the Release of Performance and Payment Bonds
4.13 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CONSOLIDATED ENGINEERING, INC., FOR TESLA DRIVE AND CHRISTOPHER WAY
PAVING, CIP PS 24-05
Adopt Resolution to Accept Public Improvements Constructed by Consolidated Engineering, Inc., for Tesla Drive and Christopher Way Paving, CIP PS 24-05, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.14 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CERVANTES LANDSCAPE & CONCRETE, INC., FOR SPARTAN WAY MEDIAN FENCE, CIP PS 26-20
Adopt Resolution to Accept Public Improvements Constructed by Cervantes Landscape & Concrete, Inc., for Spartan Way Median Fence, CIP PS 26-20 and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.15 CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG 27-04, APPROVE A CONSTRUCTION CONTRACT WITH TIM PAXIN’S PACIFIC
EXCAVATION, INC., DBA PACIFIC EXCAVATION, AND APPROVE BUDGET
AMENDMENT
Adopt Resolution to Create Fire Station 34 Safety Upgrades CIP GG 27- 04, Approve a Construction Contract with Tim Paxin’s Pacific Excavation, Inc., DBA Pacific Excavation, and Approve Budget Amendment
4.16 CREATE 2026 ANNUAL MICRO-SURFACING, CIP PS 27-01, AWARD A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC.,
AND APPROVE A BUDGET AMENDMENT
Adopt Resolution to Create 2026 Annual Micro-Surfacing, CIP PS 27-01, Award a Construction Contract to American Pavement Systems, Inc., and Approve a Budget Amendment
4.17 CREATE CAPITAL IMPROVEMENT PROJECT PS 27-06 CITYWIDE TRAFFIC
SYSTEMS AND SAFETY UPGRADES AND APPROVE BUDGET AMENDMENT Adopt Resolution to Create CIP PS 27-06 City Wide Traffic Systems and Safety Upgrades and Approve Budget Amendment
4.18 LATHROP POLICE DEPARTMENT MONTHLY REPORT FOR AUGUST 2026 Receive Monthly Police Department Report for August 2026 7 September 14, 2026 Lathrop City Council Regular Meeting Agenda Page 7
RIVER ISLANDS DEVELOPMENT CONSENT ITEM(S)
4.19 APPROVE AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE ANNUAL PUMPKIN MAZE EVENT AT DELL’OSSO FARMS
Adopt Resolution to Approve Agreement to Provide Law Enforcement Services to Dell’Osso Farms, LLC., for the Annual Pumpkin Maze Event from October 9, 2026, through October 30, 2026
4.20 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 72 LOTS IN TRACT 4227 VILLAGE 5 UNIT 2 WITHIN WOODLAND
EAST DISTRICT OF RIVER ISLANDS
Adopt Resolution to Approve Final Map for Tract 4227 Village 5 Unit 2 within the Woodland East District, Totaling 72 Lots and a Subdivision Improvement Agreement with River Islands Development Area 3, LLC
4.21 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 125 LOTS IN TRACT 4273 VILLAGE 4 UNIT 1 WITHIN WOODLANDS EAST DISTRICT OF RIVER ISLANDS
Adopt Resolution to Approve Final Map for Tract 4273 Village 4 Unit 1 within the Woodland East District, Totaling 125 Single Family Lots, Annexation into CFD 2023-1, and a Subdivision Improvement Agreement with Califia, LLC
4.22 APPROVE FINAL MAP, CFD ANNEXATION, IRREVOCABLE OFFER OF DEDICATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 248 LOTS IN TRACT 4284 VILLAGE 19 WITHIN WOODLANDS EAST DISTRICT
OF RIVER ISLANDS
Adopt Resolution to Approve Final Map for Tract 4284 Village 19 within the Woodlands East District, Totaling 248 Single Family Lots, Annexation into CFD 2023-1, an Irrevocable Offer of Dedication and a Subdivision Improvement Agreement with Califia, LLC
4.23 ACCEPT PHASE 2 SEWER LIFT STATION C2 LOCATED AT 4250 RIVER
ISLANDS PARKWAY ASSOCIATED WITH THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT 4226 FROM RIVER ISLANDS DEVELOPMENT AREA 3, LLC., AND CALIFIA, LLC
Adopt Resolution to Accept Phase 2 Sewer Lift Station C2 located at 4250 River Islands Parkway Associated with the Subdivision Improvement Agreement for Tract 4226 from River Islands Development Area 3, LLC., and Califia, LLC
8 September 14, 2026 Lathrop City Council Regular Meeting Agenda Page 8
5. SCHEDULED ITEMS
NOTICE TO THE PUBLIC: The public hearings for Items 5.1 and 5.2 were previously noticed. Although the City Council will not consider or take action on these items, members of the public who are present and wish to comment will be given an opportunity to speak. If either matter is scheduled for future consideration, a new public hearing notice will be published as required by law.
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO APPROVE AN AGREEMENT TO PROVIDE RIVER ISLANDS DEVELOPMENT, LLC. LAW ENFORCEMENT
SERVICES AT VARIOUS RIVER ISLANDS LOCATIONS
5.2 PUBLIC HEARING (PUBLISHED NOTICE) TO APPROVE AN AGREEMENT TO PROVIDE ISLAND RECLAMATION DISTRICT NO. 2062 LAW
ENFORCEMENT SERVICES FOR SPECIAL ENFORCEMENT AT VARIOUS RIVER ISLANDS LOCATIONS.
5.3 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER THE
AUTOMATED TRAFFIC ENFORCEMENT SYSTEM IMPACT REPORT FOR
THE PROPOSED RED-LIGHT CAMERA PROGRAM AND THE CITY’S
PARTICIPATION IN THE SB 720 SAFER STREETS PROGRAM
City Council to Consider the Following:
1. Conduct a Public Hearing and Receive Public Input on the City of Lathrop Automated Traffic Enforcement System Impact
Report for the Proposed Red-Light Camera Program; and
2. Consider Adoption of a Resolution to (a) Find, Consistent with California Vehicle Code Section 21455.9, that Automated Traffic Enforcement is Recommended to Enhance Traffic
Safety within the City of Lathrop and that the Proposed Deployment Locations Identified in the Impact Report Present Heightened Safety Risks Warranting Additional Enforcement Measures; (b) Approve the City of Lathrop Automated Traffic Enforcement System Impact Report in Accordance with
Senate Bill 720, the Safer Streets Program; and (c) Authorize the City’s Participation in the SB 720 Safer Streets Program and Direct Staff to Continue Program-Development Activities for a Civil, Plate-Based Red-Light Camera Program, Including Procurement, Final Engineering Review, Development of
Administrative Procedures, and Future Presentation of a Proposed Photo-Enforcement Services Agreement and Final Implementation Actions for City Council Consideration; and
3. Direct that Any Future Implementation of an Automated Traffic Enforcement System, Including Final Camera-Location Determinations, Vendor Selection, Contract Approval,
Installation, Warning-Period Implementation, and
Enforcement Activation, Remain Subject to Applicable Law, City Policy, and any Additional City Council Approvals Required Before Implementation
9 September 14, 2026 Lathrop City Council Regular Meeting Agenda Page 9
5.4 FISCAL YEAR (FY) 2025-26 YEAR-END BUDGET REPORT AND RELATED AMENDMENTS AND AMENDMENTS TO THE FISCAL YEAR 2026-27
BUDGET
Adopt Resolution Approving the FY 2025-26 Year-End Report and Related Budget Amendments and Amending the FY 2026-27 Budget
5.5 REVIEW AND PROVIDE DIRECTION ON CITY COUNCIL CHAMBER
SECURITY IMPROVEMENTS
Adopt Resolution to Provide Direction for City Council Chamber Safety Improvements
6. COUNCIL COMMUNICATIONS
6.1 MAYOR AKINJO REFERRAL – Discuss and Appoint a New City Council Delegate to Serve on the Ava Community Energy Board of Directors
6.2 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • SJ Co. Council of Governments (Akinjo/Diallo)
• SJ Co. Council of Governments Executive Committee (Akinjo) • Integrated Waste Management Task Force (Dresser/TorresO’Callaghan) • Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Banaban)
• San Joaquin Valley Air Pollution Control District (Dresser/Akinjo) • SJ Co. Water Advisory Board (Torres-O’Callaghan/Lazard) • Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Dresser/Lazard/TorresO’Callaghan) • Ava Community Energy (Diallo/Dresser)
• Local Agency Formation Commission (LAFCo) (Diallo)
6.3 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MSL, MMC
Government Services Director
City Clerk
10 CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
D. ••
CLOSED SESSION, P. M.
COUNCIL CHAMBER, CITY HALL
Towne Centre
Lathrop, CA 95330
1. 1 CALL TO ORDER - Mayor Akinjo called the meeting to order at 5: 01 p. m. and adjourned to Closed Session.
1. 2 CLOSED SESSION
1. 2. 1 LIABILITY CLAIMS: Pursuant to CA Government Code Section 54956. 95:
a. Claimant: Edward Short
Agency Claimed Against: City of Lathrop
b. Claimant: Alejandra Maldonado
Agency Claimed Against: City of Lathrop
c. Claimant: Bobby D. Gray III
Agency Claimed Against: City of Lathrop
d. Claimant: Clara Shanae Precious Mayberry
Agency Claimed Against: City of Lathrop
e. Claimant: Cathy Dawson
Agency Claimed Against: City of Lathrop
1. 2. 2 CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to California Government Code Section 54957. 6
Agency Negotiator: Stephen J. Salvatore, City Manager
Employee Organization: Lathrop Police Officers Association Employees Association ( LPOA)
1. 2. 3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957:
Police Chief
City Attorney
City Manager
July 13, 2026 Lathrop City Council Regular Meeting Minutes Page 1 11 RECONVENE - Mayor Akinjo reconvened the meeting at 7: 17 P. M.
City Attorney Salvador Navarrete reported that Liability Claim b under Item 1. 2. 1 was continued and Liability Claims a, c, d, and e were denied. Mr. Navarrete further reported that the City Council provided direction to staff regarding the matter under Item 1. 2. 2.
Mayor Akinjo deferred to Government Services Director and City Clerk ( City Clerk) Teresa Vargas to report on Item 1. 2. 3. Ms. Vargas reported that the City Council conducted performance evaluations and that no reportable action was taken.
1. 3 ROLL CALL
Present: Mayor Akinjo; Councilmembers Diallo, Dresser and Lazard.
Absent: Vice Mayor Torres -O' Callaghan*
Vice Mayor Torres -O' Callaghan arrived and participated in the Closed Session beginning at 5: 01 p. m.; however, she departed at 7: 15 p. m., before the commencement of the Regular Meeting, due to previously scheduled travel related to City business.
1. 4 INVOCATION - Senior Pastor Don Britton, Grace Community Church provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE - Senior Pastor Don Britton led the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Clerk Teresa Vargas announced that the Nomination Period for the November 3, 2026, General Municipal Election would begin Monday, July 13, 2026, and close Friday, August 7, 2026, at 5: 00 p. m. Prospective candidates were encouraged to contact the City Clerk' s Office at ( 209) 941- 7230 to schedule an appointment to obtain Nomination Papers during the Nomination Period.
1. 7 INFORMATIONAL ITEMS)
1. 7. 1 INFORMATIONAL PRESENTATION REGARDING DRONES AS FIRST
RESPONDERS
July 13, 2026 Lathrop City Council Regular Meeting Minutes Page 2 12 Police Chief Stephen Sealy provided a presentation that included an overview of the Drone as First Responder ( DFR) program, examples of incidents appropriate for a DFR response, and the program' s public safety benefits. A question and answer period followed. The City Council received the information and took no action on the matter.
1. 7. 2 INFORMATIONAL PRESENTATION TO PROVIDE AN UPDATE
REGARDING POTENTIAL ACQUISITION OF AN ARMORED RESCUE
VEHICLE FROM THE REDLANDS POLICE DEPARTMENT UTILIZING
LAW ENFORCEMENT SUPPORT OFFICE ( LESO) PROGRAM
Police Chief Stephen Sealy provided a presentation regarding the potential acquisition of an armored rescue vehicle from the Redlands Police Department through the Law Enforcement
Support Office ( LESO) Program. The presentation included an overview of the proposed acquisition, estimated costs, intended use, and compliance with Assembly Bill 481 requirements governing military equipment. A question and answer period followed. The City Council received the information and took no action on the matter.
1. 8 DECLARATION OF CONFLICTS) OF INTEREST
Councilmember Lazard declared a conflict of interest with Items 4. 12 to
4. 14, due to her employment with Dell' Osso Farms.
Councilmember Dresser requested clarification regarding a potential conflict of interest involving an item related to street maintenance near his residence. City Attorney Salvador Navarrete advised that, provided the program was generally applicable, benefited the City as a whole, and did not confer a direct financial benefit on Councilmember Dresser or
PR
his property, no disqualifying financial conflict of interest would exist. 1 DECLARING•
MONTH
Mayor Akinjo, joined by the City Council, presented a proclamation declaring July 2026, as Parks and Recreation Month. Parks and Recreation Department staff were present to accept the proclamation.
2. 2 INTRODUCTION OF NEW EMPLOYEE( S)
Assistant City Manager Michael King introduced LaWana Bluford as the new Permit Technician for the Building Division of the Public Works Department.
July 13, 2026 Lathrop City Council Regular Meeting Minutes Page 3 13 CITIZEN' S FORUM
City Clerk Teresa Vargas announced the receipt of two written public comments from Torie Cortez, dated June 9 and July 13, 2026. Victoria " Torie" Cortez, participating via Zoom, expressed various concerns primarily related to traffic safety and discussed a March 23, 2026, communication requesting a community traffic -safety education event.
On a motion by Councilmember Dresser, seconded by Councilmember Diallo, the City Council approved the regular Consent Calendar, Items 4. 1 through
4. 11, by the following roll call vote, unless otherwise indicated:
Ayes: Diallo, Dresser, Lazard, and Akinjo
Noes: None
Abstain: None
Absent: Torres -O' Callaghan
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.
EAW Ajaal
Approved Minutes for the Regular City Council Meeting of June 8, 2026.
Received Monthly Police Department Report for June 2026.
4. 4 APPROVE OUT OF STATE TRAVEL FOR THE ECONOMIC DEVELOPMENT ADMINISTRATOR TO ATTEND THE IAMC FALL FORUM IN OCTOBER 2026 Adopted Resolution 26- 6063 authorizing out of state travel for the Economic Development Administrator to attend and represent the City of Lathrop at the Industrial Asset Management Council' s Fall Forum in Columbus, OH from October 17- 21, 2026.
4. 5 APPROVAL OF NEW JOB CLASSIFICATIONS FOR THE PUBLIC WORKS
AND GOVERNMENT SERVICES DEPARTMENTS
Adopted Resolution 26- 6064 authorizing the Public Outreach and Communications Coordinator, Water Operations Superintendent, and Wastewater, Recycled Water and Environmental Operations Superintendent job classifications; eliminating the existing Utility July 13, 2026 Lathrop City Council Regular Meeting Minutes Page 4 14 Operations Superintendent Classification; approving the updated Salary Schedule and Position Control Roster; and approving the related budget amendments.
4. 6 APPROVE FISCAL YEAR 2026- 27 PROJECT LIST ASSOCIATED WITH SENATE BILL 1, THE ROAD REPAIR ACCOUNTABILITY ACT OF 2017 Adopted Resolution 26- 6065 approving Fiscal Year 2026- 27 Project List funded by Senate Bill 1, the Road Repair and Accountability Act of 2017.
4. 7 APPROVE INSTALLATION OF NEW RESIDENTIAL WATER WELL LOCATED AT 11674 HARLAN ROAD ( APNs 196- 020- 15 & 196- 020- 16) PURSUANT TO LMC SECTION 8. 36. 040
Martin Torres, the property owner, spoke in person and stated that connecting to the City' s water system would be cost prohibitive. He supported the proposed water well installation as an alternative that would allow the property to remain in compliance. Public Works Director/ City Engineer Brad Taylor explained that staff had worked with Mr. Torres to identify an appropriate solution and that the Lathrop Municipal Code requires City Council approval of a well when City water service is available.
Adopted Resolution 26- 6066 authorizing the installation of a new residential water well located at 11674 Harlan Road ( APNs 196- 020- 15 196- 020- 16) pursuant to Lathrop Municipal Code Section 8. 36. 040.
4. 8 APPROVE REPLACEMENT OF THE SOUTH LATHROP COMMERCE CENTER
BONDS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR PARCEL MAP 17- 01 AND FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 17- 01 Adopted Resolution 26- 6067 authorizing replacement of the South Lathrop Commerce Center bonds associated with the Subdivision Improvement Agreement for Parcel Map 17- 01 and approve the First Amendment to the Subdivision Improvement Agreement for Parcel Map 17- 01 to designate PRIII CHI Tripoint Logistics Center Owner, LLC., as the responsible party and extend the deadline for completion of the remaining public improvements.
4. 9 APPROVEPURCHASE OFTURBIDITY! FROM UG9
CHEMICAL FEED, INC., FOR THE LOUISE AVENUE WATERTREATMENT
FACILI-V
Adopted Resolution 26- 6068 authorizing the purchase of turbidity meter equipment from UGSI Chemical Feed, Inc., for the Louise Avenue Water Treatment Facility.
July 13, 2026 Lathrop City Council Regular Meeting Minutes Page 5 15 4. 10 APPROVE MASTER AGREEMENT AND TASK ORDER NO. 1 WITH DAHLIN GROUP, INC., FOR CORPYARD VEHICLE STORAGE BUILDING, CIP GG 26- 01
Adopted Resolution 26- 6069 authorizing a Master Agreement and Task Order No. 1 with Dahlin Group, Inc., for Professional Architectural and Engineering Services for the Corpyard Vehicle Storage Building, CIP GG 26- 01.
4. 11 ACCEPT TRAFFIC SIGNAL IMPROVEMENTS ASSOCIATED WITH OFFSITE IMPROVEMENT AGREEMENT FOR PARCEL MAP 24- 01 AT THE GOLDEN
VALLEY PARKWAY AND LOCOMOTIVE STREET INTERSECTION FROM
LATHROP LAND ACQUISITION, LLC
Adopted Resolution 26- 6070 accepting traffic signal improvements associated with the Offsite Improvement Agreement for Parcel Map 24- 01 at the Golden Valley Parkway and Locomotive Street intersection from Lathrop Land Acquisition, LLC.
At 8: 14 p. m., following the vote on the Consent Calendar, Councilmember Lazard recused herself from the consideration of and voting on Items 4. 12 through 4. 14 due to the conflict of interest declared under Item 1. 8.
On a motion by Councilmember Diallo, seconded by Councilmember Dresser, the City Council approved the River Islands Development Consent Items, Item
4. 12 through Item 4. 14, by the following roll call vote:
Ayes: Diallo, Dresser, and Akinjo
Noes: None
Absent: Torres -O' Callaghan
Abstain: Lazard
4. 12 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 56 LOTS IN TRACT 4279 UNIT 5
WITHIN WEST VILLAGE DISTRICT OF RIVER ISLANDS
Adopted Resolution 26- 6071 approving Final Map for Tract 4279 Unit 5 within the West Village District, totaling 56 single family lots, annexation into CFD 2023- 1, and a Subdivision Improvement Agreement with River Islands Development Area 1, LLC.
4. 13 CREATE CIP WW 26- 32 FOR CLSP AND RIVER ISLANDS 2A SEWER PUMP
STATION FLOW METER REPAIRS, APPROVE MASTER AGREEMENT AND TASK ORDER NO. 1 WITH SANBELL FOR ENGINEERING SERVICES, AND
APPROVE BUDGET AMENDMENT
July 13, 2026 Lathrop City Council Regular Meeting Minutes Page 6 16 Adopted Resolution 26- 6072 creating CIP WW 26- 32 for CLSP and River Islands 2A Sewer Pump Station Flow Meter Repairs, approving a Master Agreement and Task Order No. l with Sanbell for Professional Engineering Services, and approving related budget amendment.
4. 14 FIND THAT A PORTION OF PARCEL B OF TRACT 4219, VILLAGE 21 IS
NO LONGER NEEDED FOR ITS DEDICATED PURPOSE AND ACCEPT AN
IRREVOCABLE OFFER OF DEDICATION OF ROAD RIGHT- OF- WAY FOR
THE CAUFIELD WAY EXTENSION FROM CALIFIA, LLC
Adopted Resolution 26- 6073 finding a portion of Parcel B of Tract 4219, Village 21, is no longer needed for its dedicated purpose and accepting an Irrevocable Offer of Dedication of road right- of-way for the Caufield Way extension from Califia, LLC.
Councilmember Lazard returned to the dais at 8: 17 p. m.
5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE OF THE CITY OF LATHROP TO AMEND SECTION 10. 24. 030 TO TITLE 10 VEHICLES AND TRAFFIC") OF THE LATHROP MUNICIPAL CODE TO
DESIGNATE NO PARKING AREAS ON YOSEMITE COURT AS NO PARKING OF VEHICLES OVER 5 TONS
Public Works Director/ City Engineer Brad Taylor provided a presentation regarding the proposed amendment to Lathrop Municipal Code Section
10. 24. 030, which would prohibit the parking of vehicles exceeding five tons in designated areas on Yosemite Court, Mayor Akinjo opened the public hearing. There were no speakers. Mayor Akinjo closed the public hearing.
On a motion by Councilmember Lazard, seconded by Councilmember Diallo, the City Council considered the following:
1. Held a public hearing; and
2. Waived first reading and introduced an ordinance
amending Section 10. 24. 030 to Title 10 (" Vehicles and Traffic") of the Lathrop Municipal Code to designate no parking areas on Yosemite Court as no parking of vehicles over 5 tons, by the following roll call vote:
Ayes: Diallo, Dresser, Lazard, and Akinjo
Noes: None
Absent: Torres - O' Callaghan
Abstain: None
July 13, 2026 Lathrop City Council Regular Meeting Minutes Page 7 17 5. 2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER STATUS OF CITY
OF LATHROP EMPLOYEE VACANCIES AND RECRUITMENT AND
RETENTION EFFORTS AS REQUIRED BY ASSEMBLY BILL 2561
GOVERNMENT CODE SECTION 3502. 3)
Deputy City Manager Thomas Hedegard and Human Resources Director Juliana Burns provided a presentation regarding the City' s compliance with Assembly Bill 2561, including employee vacancies, recruitment and retention efforts, and benefits available citywide and under applicable employee bargaining agreements. A question and answer period followed. City Attorney Salvador Navarrete clarified that the item did not include discussion of ongoing negotiations with the Lathrop Police Officers' Association ( LPOA). Deputy City Manager Hedegard provided additional information in response to questions.
Police Officer Vatche Tatarian, President of the LPOA, spoke regarding the importance of recruiting and retaining experienced personnel, compaction issues involving supervisory and nonsupervisory sworn personnel, professional development for existing employees, and the creation of long- term career opportunities and workforce stability for officers.
Mayor Akinjo opened the public hearing. There were no speakers. Mayor Akinjo closed the public hearing.
On a motion by Councilmember Dresser, seconded by Councilmember Diallo, the City Council to considered the following:
1. Held a public hearing; and
2. Adopted Resolution 26- 074 accepting the status of City of Lathrop employee vacancies and recruitment and
retention efforts as required by Assembly Bill 2561
Government Code Section 3502. 3), by the following roll call vote:
Ayes: Diallo, Dresser, and Akinjo
Noes: None
Absent: Torres -O' Callaghan
Abstain: Lazard*
Pursuant to page 13, Chapter IV, Section B( 5) of the Handbook Procedures of the Lathrop City Council, an abstention for a reason identified legal disqualification is counted as an affirmative vote.) of Rules and
other than an
July 13, 2026 Lathrop City Council Regular Meeting Minutes Page 8 18 v, TOURR31iffig
Councilmember Dresser reported on his attendance at a recent San Joaquin Area Flood Control Agency ( SJAFCA) meeting, at which regional floodplain protection was discussed. Mayor Akinjo reported on his attendance at a recent League of California Cities meeting and emphasized continued advocacy and the pursuit of state and federal funding opportunities for the City.
6. 2 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Dresser commented on a recent Kaiser Permanente School of Allied Health Sciences event, highlighting expanded access to mental health services in the region; he also commented on the flashing yellow traffic signals at major intersections throughout the City. Mayor Akinjo commented on the city' s development and credited the City leadership with contributing to the City' s growth; highlighted a recent church sponsored backpack giveaway, and recognized community volunteers and organizations for their service. He also commented on the progress of traffic safety improvements along Spartan Road.
Councilmember Diallo thanked Congressman Gray' s office for holding district office hours in the River Islands community and assisting residents with mail delivery issues; and she complimented staff for their participation on the recent Battle of the Badges event between the Lathrop -Manteca Fire District and the Lathrop Police Department.
7. ADJOURNMENT - There being no further business, Mayor Akinjo adjourned the meeting at 10: 22 p. m.
Uere sa Vargas, MS MMC
Government Services Director
City Clerk
July 13, 2026 Lathrop City Council Regular Meeting Minutes Page 9 19 ILIVNIL mm
20 ITEM 4. 3
City of
Quarterly Treasurer Report
June 2026
This report presents a detailed discussion of the City' sfund balances and investment portfolio as ofJune 30, 2026.
It includes all investments managed by the City on its own behalf as well as the City' s Trustees. The report provides information on cash flows, broken down by both investment manager ( City or Trustee) and by percentage allocation within the portfolio.
As of June 30, 2026, the investment portfolio was in compliance with all state laws and the City' sInvestment Policy.
Current Portfolio Summary
As directed by the Investment Policy adopted by City Council, City staff strives to attain three primary goals with the City' s
investments as follows ( in order of priority):
1. Safety — Preservation of the principal of invested funds
2. Liquidity — Ability to liquidate one or more of the City' s investments if unexpected expenditures arise
3. Return — Attainment of a market rate of return
The majority of the portfolio is invested in the Local Agency Investment Fund ( LAIF), which is administered by the California State Treasurer' s office. LAIF provides the City with an investment vehicle with yields that are slightly greater than U. S. Treasuries ( T -bills) with a 2 -year maturity or less. LAIF is a high quality investment in terms of safety, liquidity, and yield. Additionally, LAIF is an " On Demand" account; meaning funds may be withdrawn upon with 1 day notice, representing maximum liquidity.
In addition to LAIF, the City holds investments in Money Market Mutual Funds, Nonnegotiable Certificates of Deposit, and State and Local Government Securities ( SLGS). These investments are prudent investment choices and are included in the City' s Investment Policy as allowable investments.
Each investment mentioned above has a specific maturity date. However, much of the portfolio is On Demand.
The short weighted average maturity provides the City with a great deal of liquidity during this period of heightened economic uncertainty and period of moderate investment yields. This liquidity places the City in a position to invest in longer term maturity investments once interest rates begin to stabilize toward their historical norms; overall macroeconomic indicators signal solid and consistent growth in future years.
The following table ( Table: 1) provides a summary of the City' scash and investments, by holding party, based on recorded value as of June 30, 2026 compared with the prior quarter:
21 Table: 1
qaa, .. n , o fl fln , o .,,, w ri ,
Ii a : March, 31,. 2026 . Q ,
a n ' ` triune 30; 2026,
Holding Party Fund Amounts (1)
Portfolio
Fund Amounts (1)
Portfolio
Investments/ Cash held by the City 225, 010,80 61% 242, 339, 842 63% Investments held by Trustees 142,39, 018 39% 142, 992, 253 37% TOTAL , ' g a b
R '• 367A49, 098 _ d ,.. 100%, ' 385,32, 095• °.,100% `.. . . 1) Small variances are due to the summation and rounding of multiple figures to the nearest whole dollar Please see the following pages ( Tables: 2 through 5) for a more detailed analysis of transactional additions and reductions due to cash flow needs, debt service payments, and maturities/ rollovers of certain investments.
Revenues arrived during the quarter, per City staff expectations, are as follows: utility payments, property tax, franchise fees, sales tax ( including Measure C), developer billing fees, grant reimbursements, building permit fees, plan check fees, and Transient Occupancy Tax (TOT).
Significant payables paid out during the quarter include:
Nonrecurring Expenditure Debt Service Payments, Capital Improvement Projects — General Government, Parks, Streets, Water, and Wastewater
I I. Recurring Expenditures
a. Contractual — Park & Street Landscaping, and Wastewater Treatment Services b. Intergovernmental payments — South San Joaquin Irrigation District ( Surface Water Contract), Lathrop Manteca Fire District, City of Manteca ( Wastewater Contract) Quarterly Economic Update
According to the latest projections from PFM Asset Management; The second quarter of 2026 began with heightened concerns surrounding the conflict in the Middle East, rising energy prices, and inflationary consequences of supply disruptions. As the quarter progressed, easing geopolitical tensions and a pullback in oil prices improved investor sentiment, allowing markets to refocus on economic fundamentals and monetary policy.
The quarter marked a significant transition at the Federal Reserve ( Fed). The Federal Open Market Committee FOMC) held its target range unchanged at 3. 50% to 3. 75% at Kevin Warsh' s first meeting as Fed Chair. As expected, the Fed removed all forward guidance, signaling a more data -dependent approach. Economic growth remained supported by business investment, while consumer spending made its weakest contribution to gross domestic product ( GDP) in several years. Declining savings rates and slowing wage gains suggest continued moderation in consumption. Technology, software, and AI - related capital expenditures continue to support business activity and productivity expectations. Labor market conditions normalized as payroll growth slowed and wage gains moderated, particularly among lower -income households. Despite this cooling, job openings remained elevated and layoffs historically low, reinforcing a " low -hire, low -fire" environment.
I certify that all of the investments reported herein are in accordance with the " City of Lathrop Investment Policy" adopted on October 13, 2025, with the Government Code, and other contractual agreements. I further certify the investments reported herein provide for the ability of the City to meet cash flow needs for the next six months.
Stephen J. Salvatore
City Manager
Carl Jam
Director of inance
22 TABLE: 2
CITY OF LATHROP
Summary of All Investments
As of June 30, 2026
City Held Investments Recorded Value Current Yield Percent of Portfolio Market Value Local Agency Investment Fund
Wells Fargo Money Market Mutual Funds
California Asset Management Program
75, 000,00
3, 405, 946
99, 758, 638
3. 816%
3. 520%
3. 770%
23. 35%
1. 06%
31. 06%
75, 000,00
3, 405, 946
99, 758, 638
Total Investments Held by the City ( 1) 178,64, 584 3. 785% 55. 48% 178,64, 584 Trustee Held Investments Recorded Value Current Yield Percent of Portfolio Market Value US Bank
UMB Bank
Union Bank
SJ County Pooled Funds
PFM Asset Management + Year End FMV
PNC Bank
3, 784, 999
1, 752, 075
202, 659
136, 700, 518
552, 002
3. 150%
3. 020%
0.00%
0. 260%
3. 870%
4. 700%
1.8%
0. 55%
0.0%
0.6%
42. 57%
0. 17%
3, 784, 999
1, 752, 075
202, 659
136, 700, 518
552, 002
Total Investments ° Held by Trustees ( 2) 142, 992, 253 3. 839% 44. 52% 142, 992, 253 Total City &. Trustee Held Investments & Recorded Value Current Yield. Percent of Portfolio Market Value Investments Held by the City and Trustees
Cash in Checking Accounts - Recorded Value
321, 156, 837
64, 175, 258
3. 809% 100. 00% 321, 156, 837
Total Cash and Investments 385,32, 095
One month benchmark for U. S. Treasuries:
Three month benchmark for U. S. Treasuries:
Notes:
1) See Table: 4 for detailed investments held by the City. 2) See Table: 5 for detailed investments held by Trustees.
3. 69%
3. 81%
23 TABLE: 3
CITY OF LATHROP
Investments Cash Flow Analysis
As of June 30, 2026
Investments Held by the City
Prior Month
Recorded Value
Purchased
Buy)
Redeemed
Sell)
Current Month
Recorded Value
Local Agency Investment Fund ( 1)
Wells Fargo Money Market Mutual Funds ( 2)
California Asset Management Program
75, 000,00
3,95, 876
99, 450, 672
10, 071
307, 966
75, 000,00
3, 405, 946
99, 758, 638 ,
Total Investments Held by the City 177, 846, 54. 8 318, 036 178,64, 584 Investments Held by Trustees
Prior Month
Recorded Value
Purchased
Buy)
Redeemed
Sell)
Current Month
Recorded Value
PNC Bank
SJ County Pooled Funds
UMB Bank
US Bank ( 3)
PFM Asset Management + Year End FMV
549, 808
203, 787
1, 748, 085
3, 478, 119
135, 39, 066
2, 195
296, 732
306, 880
6, 036, 595
1,28)
292, 743)
4, 695, 143)
552, 002
202, 659
1, 752, 075
3, 784, 999
136, 700, 518
Total Investments Held by Trustees 141, 338, 865 $ 6,42, 401 $ ( 4, 989, 014) 142, 992, 253 Total Cash in Checking Accounts
Held by the City ( 2) 63, 161,98 11, 737, 577 10, 723, 518) 64, 175, 258 Total Cash and Investments Held by the City
and Trustees 382,46, 611 $ 18, 698, 015 $ (15, 712, 531) $ 385,32, 095 Notes:
1) LAIF interest income is paid quarterly ( Mar/ Jun/ Sept/ Dec) and received in the following month ( Apr/ Jul/ Oct/ Jan). 2) Property Tax, Sales Tax, Building permit revenue, TOT, Developer payments, and Utility payments; nonrecurring expenses paid during the month: General government, Parks, Streets, Wastewater, and Water CIPs; also, recurring expenses: Park & street landscape maintenance, and water treatment services; lastly, intergovernmental payments and transfers: SSJID SCSWSP O & M expenses. 3) Interest earnings from BlackRock Liquidity Funds T -Funds 30 Day Yield 3. 150%, debt service payments. 24 TABLE: 4
CITY OF LATHROP
Investments Held by City - Detail
As of June 30, 2026
Agency ( Broker)
Investment
Description
Yield Market
Coupon to Purchase Maturity Value Recorded
Rate Maturity Date Date ( No Accruals) Value
Local Agency Investment Fund
Money Market Fund City
Acct No. 98- 39- 437
N/ A 3. 816% Varies On Demand 75, 000,00 75, 000,00
75, 000,00 $ 75, 000,00
Wells Fargo Mutual Funds
Money Market Mutual Fund City Acct No.
12641627
N/ A 3. 520% Varies On Demand 3, 405, 946 3, 405, 946
3, 405, 946 $ 3, 405, 946
Califorina Asset Management Program
Liquidity Account No. 6084- 001 N/ A 3. 770% Varies On Demand 99, 758, 638 99, 758, 638 99, 758, 638 $ 99, 758, 638
TOTAL INVESTMENTS HELD BY CITY $ 178,64, 584 $.178,"64, 584 25 TABLE: 5
CITY OF LATHROP
Investments Held by Trustee - Detail
As of June 30, 2026
Investment
Description Acct Number CUSIP
Current Purchase Maturity Value Recorded
Yield Date Value
Investments Held by US Bank
03- 1Series 2015 - Mossdale Village Assessment District Mossdale Village Assessment Dist. No. 03- 1 Series 2015 - Redemption Fund Mossdale Village Assessment Dist. No. 03- 1 Series 2005/15 - Reserve Fund Mossdale Village Assessment Dist. No. 03- 1 Series 2015 - Prepayment Fund LTHRP FIN AUTH REVENUE BONDS 2023 SERIES A
Money Market - Revenue Account
Money Market - Special Tax Fund
Money Market - CFD Reserve Account
Money Market - ReAD Reserve Account
Money Market - Acquired Obligations Fund
2003-ALathrop CFD
Money Market- Interest Account
Money Market - Reserve Account
LAIF - Interest Account
CDPH/DWR - SRF Loan
Agreement Account
Agreement Account - Reserve Fund
2015 Crossroads Series B
2015 Crossroads Series B -
2015 Crossroads Series B -
2015 Crossroads Series B -
2015 Crossroads Series B -
2015 Crossroads Series B -
LOIB RDP
LOIB Reserve
Cost of Issuance
Improvements
COI Custodian Agreement
Investments Held by PNC Bank by Account
2012 Water Loan ( Refunding of 2000 Water COPs)
Certificate of Deposit - Reserve Fund
6712138601
6712138602
6712138604
278276000
278276003
278276004
278276006
278276008
6711720001
6711712200
6711720002
6711908800
6711908801
6712138801
6712138803
6712138804
6712138805
6712198801
3. 150%
3. 150%
3. 150%
3. 150%
3. 150%
3. 150%
3. 150%
3. 150%
3. 150%
3. 150%
3. 816%
10/8/ 05
10/8/ 05
10/8/ 05
7/ 1/ 23
7/ 2/3
7/ 1/ 23
7/ 1/ 23
7/ 2/3
12/ 03
12/ 03
03/ 19/ 03
On Demand
On Demand
On Demand
On Demand
On Demand
On Demand
On Demand
On Demand
On Demand
On Demand
On Demand
291 $
252, 544 $
734 $
13, 455 $
4, 768 $
227, 610 $
652, 786 $
37 $
444 $
767, 609 $
3. 150% 12/ 22/ 10 On Demand $
3. 150% 12/ 22/ 10 On Demand $
3. 150%
3. 150%
3. 150%
3. 150%
3. 150%
09/1/ 15
09/1/ 15
09/1/ 15
09/1/ 15
09/1/ 15
On Demand
On Demand
On Demand
On Demand
On Demand
Total Investments Held by Trustee - US Bank $
291
252, 544
734
13, 455
4, 768
227, 610
652, 786
37 444
767, 609
301, 142 $ 301, 142
684, 830 $ 684, 830
1, 297 $ 1, 297
877, 450 $ 877, 450
1 $ 1
3, 784, 999 $ 3, 784, 999
4. 700% 5/ 22/ 19 $ 552, 002 $ 552, 002
Total Investments Held by Trustee -PNC Bank $ 552, 002 $ 552, 002 26 TABLE: 5
CITY OF LATHROP
Investments Held by Trustee - Detail
As of June 30, 2026
Investment
Description Acct Number CUSIP
Current Purchase Maturity Value Recorded
Yield Date Value
Investments Held by UMB Bank by Account
2018- 1Central Lathrop CFO
Improvement Area 1- Admin Expense Reserve Fund
Other Improvement Areas - Admin Expense Reserve Fund
Improvement Area 1- Principal Account
Improvement Area 1- Redemption Account
Improvement Area 1- Interest Account
Improvement Area 1- Admin Expense Account
Improvement Area 1- Reserve Fund
Improvement Area 1- Surplus Fund
Improvement Area 2 - Principal Account
Improvement Area 2 - Redemption Account
Improvement Area 2 - Interest Account
Improvement Area 2 - Admin Expense Account
Improvement Area 2 - Reserve Fund
Improvement Area 2 - Surplus Fund
Improvement Area 3 - Principal Account
Improvement Area 3 - Redemption Account
Improvement Area 3 - Interest Account
Improvement Area 3 - Admin Expense Account
Improvement Area 3 - Reserve Fund
Improvement Area 3 - Surplus Fund
Improvement Area 4 - Principal Account
Improvement Area 4 - Redemption Account
Improvement Area 4 - Interest Account
Improvement Area 4 - Admin Expense Account
Improvement Area 4 - Reserve Fund
Improvement Area 4 - Surplus Fund
Improvement Area 5 - Principal Account
Improvement Area 5 - Redemption Account
Improvement Area 5- Interest Account
Improvement Area 5 - Admin Expense Account
149232. 1
149232. 2
149232. 3
149232. 4
149232. 5
149232. 6
149232. 7
149232. 8
149265. 1
149265. 2
149265. 3
149265. 4
149265. 5
149265. 6
149267. 1
149267. 2
149267. 3
149267. 5
149267. 6
149267. 7
149268. 1
149268. 2
149268. 3
149268. 4
149268. 5
149268. 6
149269. 1
149269. 2
149269. 3
149269. 4
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
3. 020% 02/1/ 19 On Demand
46, 61
189, 550
52, 912
84 13, 244
346, 490
32, 755
53 15,88
217, 847
65, 509
104
13, 559
428, 53
22, 500
14, 233
151,0
15, 099
19 27
12, 410
46, 661
189, 550
52, 912
84 13, 244
346, 490
32, 755
53 15,88
217, 847
65, 509
104
13, 559
428, 53
22, 500
14, 233
151,0
15, 099
19 27
12, 410
27 TABLE: 5
CITY OF LATHROP
Investments Held by Trustee - Detail
As of June 30, 2026
Investment
Description Acct Number,
Current Purchase Maturity
CUSIP Yield Date
Value Recorded
Value
Improvement Area 5 - Reserve Fund
Improvement Area 5 - Surplus Fund
2018- Central Lathrop CFD
Special Tax Fund
Surplus Fund
Investments Held by San Joaquin County by Account
Sanitary Sewer Assessment District # 1
Pooled Funds - Redemption Account
Investments Held by PFM Asset Management by Account
PFM Asset Management
Money Market Fund
US Treasury Bond / Note
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
149269. 5
149269. 6
149261. 1
149261. 2
SJ CO FUND # 57961
3. 020%
3. 020% 02/1/ 19 On Demand $
02/1/ 19 On Demand $
3. 020% 02/1/ 19 On Demand $
3. 020% 02/1/ 19 On Demand $
114,0 $ 114,0
Total Investments Held by Trustee - UMB Bank $ 1, 752, 075 $ 1, 752, 075
0. 260% 10// 87 On Demand $ 202, 659 $ 202, 659
Total Investments Held by Trustee - San Joaquin County $ 202, 659 $ 202, 659 20260109 PFM Funds - Govt Select AAAm
91282CNL1 3. 750% 06/ 30/ 25 06/ 30/ 27
91282CKZ3 4. 375% 07/ 15/ 24 07/ 15/ 27
91282CKZ3 4. 375% 07/ 15/ 24 07/ 15/ 27
91282CKZ3 4. 375% 07/ 15/ 24 07/ 15/ 27
91282CLG4 3. 750% 08/ 15/ 24 08/ 15/ 27
91282CLL3 3.75% 09/ 16/ 24 09/ 15/ 27
91282CLQ2 3. 875% 10/5/ 24 10/5/ 27
91282CPE5 3. 500% 10/ 31/ 25 10/ 31/ 27
91282CLX7 4. 125% 11/5/ 24 11/5/ 27
91282CPL9 3.75% 12/ 01/ 25 11/ 30/ 27
91282CM B4 4. 000% 12/6/ 24 12/5/ 27
91282CPS4 3.75% 12/ 31/ 25 12/ 31/ 27
91282CMF5 4. 250% 01/ 15/ 25 01/ 15/ 28
91282CGH8 3. 500% 01/ 31/ 23 01/ 31/ 28
91282CMN8 4. 250% 02/ 18/ 25 02/ 15/ 28
91282CMS7 3. 875% 03/ 17/ 25 03/ 15/ 28
91282CMW8 3. 750% 04/ 15/ 25 04/ 15/ 28
91282CN D9 3. 750% 05/ 15/ 25 05/ 15/ 28
91282CND9 3. 750% 05/ 15/ 25 05/ 15/ 28
91282CND9 3. 750% 05/ 15/ 25 05/ 15/ 28
91282C053 4. 000% 06/1/ 26 05/ 31/ 28
91282CNH0 3. 875% 06/ 16/ 25 06/ 15/ 28
91282CN HO 3. 875% 06/ 16/ 25 06/ 15/ 28
91282CNM9 3. 875% 07/ 15/ 25 07/ 15/ 28
91282CNU1 3. 625% 08/ 15/ 25 08/ 15/ 28
301, 781 $ 301, 781
498, 246
100, 250
300, 750
551, 374
7, 617, 128
1, 833, 235
4, 533, 647
1, 586, 250
7, 595, 250
1, 632, 276
3, 691, 472
988, 555
3, 503, 829
1, 336, 079
7, 258,14
4,28,44
1, 787, 204
595,47
2, 183, 672
4, 863, 632
1, 645, 166
1, 317, 754
2, 486, 328
2, 386, 219
7, 022, 347
498, 246
100, 250
300, 750
551, 374
7, 617, 128
1, 833, 235
4, 533, 647
1, 586, 250
7, 595, 250
1, 632, 276
3, 691, 472
988, 555
3, 503, 829
1, 336, 079
7, 258,14
4,28,44
1, 787, 204
595,47
2, 183, 672
4, 863, 632
1, 645, 166
1, 317, 754
2, 486, 328
2, 386, 219
7, 022, 347
28 TABLE: 5
CITY OF LATHROP
Investments Held by Trustee - Detail
As of June 30, 2026
Investment
Description Acct Number
Current Purchase Maturity Value Recorded
CUSIP Yield Date Value
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Notes
US Treasury Subtotal:
91282CNY3
91282CNY3
91282CNY3
91282CPC9
91282CPC9
91282CPK1
91282CPK1
91282CPP0
91282CPT2
91282CQA2
91282CQE4
91282CQE4
91282CQJ3
91282CQJ3
91282COR5
91282COR5
91282COR5
3375%
3.75%
3.75%
3. 500%
3. 500%
3. 500%
3. 500%
3. 500%
3. 500%
3. 500%
3. 500%
3. 500%
3. 875%
3. 875%
3. 875%
3. 875%
3. 875%
09/ 15/ 25
09/ 15/ 25
09/ 15/ 25
10/5/ 25
10/5/ 25
11/7/ 25
11/7/ 25
12/5/ 25
01/ 15/ 26
02/ 17/ 26
03/ 16/ 26
03/ 16/ 26
04/ 15/ 26
04/ 15/ 26
05/ 15/ 26
05/ 15/ 26
05/ 15/ 26
09/ 15/ 28
09/ 15/ 28
09/ 15/ 28
10/5/ 28
10/5/ 28
11/5/ 28
11/5/ 28
12/5/ 28
01/ 15/ 29
02/ 15/ 29
03/ 15/ 29
03/ 15/ 29
04/ 15/ 29
04/ 15/ 29
05/ 15/ 29
05/ 15/ 29
05/ 15/ 29
1, 720, 878
2, 310, 894
3, 245, 085
1, 625, 960
2, 315, 761
2,16, 162
3, 693,04
4, 824, 202
3,94, 610
4, 671, 331
3, 588,49
4, 178, 447
2, 481, 055
1, 720, 878
2, 310, 894
3, 245, 085
1, 625, 960
2, 315, 761
2,16, 162
3, 693,04
4, 824, 202
3,94, 610
4, 671, 331
3, 588,49
4, 178, 447
2, 481, 055
2, 654, 729 $ 2, 654, 729
1, 686, 852 $ 1, 686, 852
2,82,12 $ 2,82,12
2, 778, 345 $ 2, 778, 345
121, 41, 540 $ 121, 41, 540
29 TABLE: 5
CITY OF LATHROP
Investments Held by Trustee - Detail
As of June 30, 2026
Investment
Description Acct Number
Current Purchase Maturity Value Recorded
CUSIP Yield Date Value
Supra -national Agency Bond / Note
Intl Finance Corp Notes
Inter -American Devel BK Corporate Notes
Inter -American Devel BK Corporate Notes
Intl BK Recon & Develop Notes
Supra - National Agency Subtotal
Federal Agency Bond/ Note
Federal Home Loan Banks Notes ( Callable)
Fannie Mae Notes ( Callable)
Federal Home Loan Bank
Federal Home Loan Bank
Federal Home Loan Bank
Federal Agency Subtotal:
Interest
Total Accrued Interest
FMV Adj.
45950KDF4 4. 375% 12/ 06/ 23 01/ 15/ 27
4581X0EM6 4. 375% 12/ 23 02/1/ 27
45818WFN1 4. 850% 04/ 25/4 07/ 19/ 27
459058LT8 3. 625% 05/6/ 25 05/ 28
3130ANCD0 1.10% 07/ 30/ 21 07/ 27/6
3135G06L2 0. 875% 12/8/ 20 12/8/ 26
3130B6R24 3. 875% 06/ 13/ 25 06/4/ 27
3130B9RC6 3. 500% 03/5/ 26 03/ 28
3130BB3J2 4. 125% 0/ 12/ 26 06/1/ 28
555, 844 $ 555, 844
1, 402,78 $ 1, 402,78
2, 506, 215 $ 2, 506, 215
1, 025,52 $ 1, 025,52
5, 489, 589 $ 5, 489, 589
1, 580, 197 $ 1, 580, 197
813, 00 $ 813, 00
2, 016, 107 $ 2, 016, 107
2, 360, 768 $ 2, 360, 768
1, 473, 798 $ 1, 473, 798
8, 243, 901 $ 8, 243, 901
1, 253, 708 $ 1, 253, 708
Total Investments Held by Trustee -PFM Asset Management $ 136, 700, 518 $ 136, 700, 518 Total Investments Held by Trustees $ 142, 992, 253 $ 142, 992, 253 30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
ITEM 4. 5
CITY MANAGER' S REPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
RATIFY THE SERVICE CONTRACT WITH
ASTOUND BUSINESS SOLUTIONS, LLC FOR THE
RENEWAL OF INTERNET CIRCUIT SERVICES
Adopt a Resolution Ratifying the Service
Contract with Astound Business Solutions, LLC
for the Renewal of Internet Circuit Services.
SUMMARY:
The City of Lathrop requires secure, reliable, and uninterrupted internet connectivity to support essential municipal operations, public safety communications, critical business systems, and communications among City facilities.
Astound Business Solutions, LLC ( Astound) currently provides the City' s primary internet circuits through fiber infrastructure already established at the City locations covered by the existing Service Contract. The circuits are configured to comply with the City' s network design and technical standards and provide the capacity, speed, reliability, and compatibility required to support City operations. They are also integrated with the City' s existing network equipment, routing, security configurations, and redundant telecommunications architecture. Therefore, these circuits meet the City' sconnectivity requirements and are configured to operate with its existing telecommunications infrastructure and network design.
Based on the City' s technical assessment performed by the Information Systems Department, Astound is the only currently available provider that can continue these specific primary circuits without substantial reconfiguration, replacement or construction of supporting infrastructure, and the associated risk of disrupting essential City operations. The procurement therefore qualifies for the sole -source bidding exemption under Lathrop Municipal Code ( LMC) Section 2. 36. 110( A). To prevent a lapse in critical internet services, the City Manager executed the Service Contract before Council consideration. Staff request that the City Council ratify the agreement at an annual cost of $ 186, 783. Sufficient funding is available within the approved Fiscal Year 26-7 Information Systems Department operating budget.
BACKGROUND:
The Information Systems Department manages the City' s telecommunications infrastructure and is responsible for maintaining secure, reliable, and continuous connectivity among City facilities. Internet circuit services support cloud - based applications, telephone and critical communication systems, financial and administrative software, public safety technologies, remote access, electronic records, and other systems essential to the delivery of municipal services. 111
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
RATIFY SERVICE CONTRACT WITH ASTOUND BUSINESS SOLUTIONS, LLC The City' s network architecture uses separate providers for primary and secondary internet connectivity. Astound provides the City' s primary internet circuits, while AT& T provides secondary connectivity for backup and redundancy. Maintaining separate service providers is an important component of the City' s continuity of operations strategy because it reduces the risk that an outage or service interruption affecting one provider will result in a complete loss of City connectivity.
Astound' sfiber connectivity is already established at the City facilities covered by the Service Contract. The circuits are configured to comply with the City' s network design and technical standards and provide the capacity, speed, reliability, and compatibility required to support City operations. They are also integrated with the City' s existing network equipment, routing, security configurations, and redundant telecommunications architecture.
Although AT& Talso provides fiber connectivity, its service is maintained as the City' s secondary connection. It is not an interchangeable replacement for Astound' sprimary circuits because using the secondary provider as the City' s primary and backup connection would eliminate the carrier diversity incorporated into the City' s network design. Depending on a single provider for both functions would increase the City' s exposure to a provider specific outage or other service disruption.
For the specific circuits included in this renewal, Astound is the only provider with existing fiber connectivity that can continue the required primary service at the affected locations while maintaining the City' s current network configuration and technical standards. Transitioning to another provider could require construction of new fiber connections, replacement or reconfiguration of network equipment, modification of routing and security settings, and coordinated migration, testing, and service cutovers. These activities would involve additional costs and could interrupt access to systems necessary for City operations.
The service being renewed is therefore not a readily interchangeable internet service that can be transferred to another provider without material changes to the City' s telecommunications infrastructure. Astound' sexisting fiber connectivity, compliance with the City' s network design, and role, within the City' s redundant network architecture make the service not readily substitutable without substantial reconfiguration or replacement.
LMC Section 2. 36. 060( A) generally requires contracts for services with an estimated value of $ 75, 000 or more to be awarded through formal bidding procedures.
However, LMC Section 2. 36. 110( A) expressly exempts sole -source purchases from those bidding requirements.
A formal bidding process would not produce a readily substitutable service capable of continuing the affected primary circuits under the City' s existing network design.
Any alternative provider would first need to establish compatible connectivity and complete the infrastructure, equipment, configuration, security, testing, and transition work necessary to replace Astound' sexisting service. 'Such an undertaking would constitute a separate network replacement or reconfiguration project rather than a continuation of the City' s existing internet circuits. 112
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
RATIFY SERVICE CONTRACT WITH ASTOUND BUSINESS SOLUTIONS, LLC Based on these circumstances, the Information Systems Department has determined that Astound is the sole source for the uninterrupted continuation of the specific primary internet circuits covered by the Service Contract. The procurement therefore qualifies for the exemption from formal bidding provided by LMC Section 2. 36. 110( A).
LMC Section 2. 36. 110( C) requires the department head responsible for the procurement to certify in writing the reason for an exemption from the City' s purchasing procedures. This staff report documents and certifies the operational and technical basis for the sole -source exemption.
The prior agreement was approaching expiration, and a lapse in service could have disrupted the City' s ability to access critical systems and provide municipal services.
To maintain continuity of operations, the City Manager executed the renewal agreement before Council consideration. Because the annual contract amount exceeds $ 75, 000, City Council authorization is required pursuant to LMC Section
2. 36. 140( C). Staff therefore request that the City Council ratify the executed Service Contract.
To avoid disclosing information that could reveal vulnerabilities in the City' s information technology systems or increase the potential for an attack, specific technical and security information regarding circuit routes, network configurations, and supporting infrastructure has not been included in this report, consistent with California Government Code Section 7929. 210.
REASON FOR RECOMMENDATION:
Ratification of the Service Contract will ensure the continued availability of the City' s primary internet circuits and maintain reliable connectivity for daily operations, public safety technologies, communications, cloud - based applications, and other critical business systems. Continuation of Astound' sservices will maintain compatibility with the City' s existing telecommunications infrastructure, preserve the separation between its primary and secondary service providers, and avoid the costs and operational risks associated with replacing or substantially reconfiguring the existing circuits.
FISCAL IMPACT:
The annual cost of the Service Contract with Astound Business Solutions, LLC is 186, 783. This expenditure was included in the approved Fiscal Year 2026-7 budget, and sufficient funding is available within the Information Systems Department operating budget.
ATTACHMENTS:
A. Resolution Ratifying the Service Contract for the Renewal of Internet Circuit Services with Astound Business Solutions, LLC
B. Redacted Service Contract with Astound Business Solutions, LLC 113
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
RATIFY SERVICE CONTRACT WITH ASTOUND BUSINESS SOLUTIONS, LLC APPROVALS:
on Fernandes
Information Systems Director
resa Vargas
overnment Services Director
City Clerk
Cari Jam
Finance ector
Date
qithwie
Date
o( 7e /.z o z fo
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
114
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
THE SERVICE CONTRACT FOR THE RENEWAL OF INTERNET CIRCUIT SERVICES WITH ASTOUND BUSINESS SOLUTIONS, LLC.
WHEREAS, the City of Lathrop requires secure, reliable, and uninterrupted internet connectivity to support essential municipal operations, public safety communications, critical business systems, and connectivity among City facilities; and
WHEREAS, Astound Business Solutions, LLC (" Astound") provides the City' s primary internet circuits through existing fiber infrastructure integrated with the City' s telecommunications infrastructure, network equipment, and security configurations; and
WHEREAS, Astound is the only provider currently capable of continuing the specific primary circuits without substantial reconfiguration, replacement, or construction that could disrupt essential City operations; and WHEREAS, pursuant to Lathrop Municipal Code Section 2. 36. 110( A), sole - source purchases are exempt from competitive bidding procedures; and WHEREAS, the existing service agreement was approaching expiration, and the City Manager executed the Service Contract prior to City Council consideration to prevent a lapse in critical internet services; and
WHEREAS, sufficient funding is available within the approved Fiscal Year 2026-7 Information Systems Department operating budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby ratifies the Service Contract with Astound Business Solutions, LLC for the renewal of the City' s primary internet circuit services at an annual cost of 186, 783.
BE IT FURTHER RESOLVED, that the City Council confirms the procurement qualifies for the sole - source exemption pursuant to Lathrop Municipal Code Section
2. 36. 110( A) and authorizes the City Manager, or designee, to take all necessary actions to administer and implement the Service Contract.
Resolution No. 26-
115
The foregoing Resolution was passed and adopted this 14th day of September 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 Resolution No. 26-
116
City of
Office of the City Manager
Astound
P. O. Box 31001- 274
Pasadena, CA 91110
To whom it may concern:
390 Towne Centre Drive, Lathrop, CA 95330
Phone (209) 941- 7220 — Fax (209) 941- 7229
www. ci. lathrop. ca. us
NOTICE TO PROCEED
Enclosed please find your original executed Service Contract to Renew Internet Circuit Services. This is your Notice to Proceed to the attached Service Contract.
Should you have any questions regarding this project, please contact Tony Fernandes at 209) 941- 7340.
Thank you,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
117
118
119
120
ITEM 4. 6
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: POLICY AND PROCEDURE TO PRIORITIZE WATER
AND SEWER SERVICE FOR AFFORDABLE HOUSING
DEVELOPMENT
RECOMMENDATION: Adopt Resolution to Approve a Policy and Procedure to Prioritize Water and Sewer Service for Affordable
Housing Development
SUMMARY:
The City of Lathrop' s 2023-031 Housing Element requires the City to establish conformance with Program # 4 ( Priority Sewer and Water for Affordable Housing) of its Housing Element by adopting policies and procedures to provide priority water service for developments that include lower income housing units pursuant to California Government Code Section 65589. 7.
BACKGROUND:
In 2005, the State Legislature of California enacted Chapter 727 ( Senate Bill 1087), which amended California Government Code Section 65589. 7to require all public and private utility providers of water and sewer services to grant priority for such services to proposed developments that include housing units that are affordable to lower income households. -
Furthermore, California Government Code Section 65589. 7 (as amended with Senate Bill 1087) also requires that all public agencies that provide water and sewer services to adopt written policies and procedures with specific objective standards by July 1, 2006, and at least once every five ( 5) years thereafter, to establish such priority for affordable housing projects. Since the City of Lathrop is its own water and sewer provider, the City of Lathrop is subject to compliance with the requirements of California Government Code Section 65589. 7.
ANALYSIS:
Lower income households are defined in California Health and Safety Code Section 50079.. as people and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time by the federal government under Section 8 of the United States Housing Act of 1937.
Developments that qualify for service prioritization must include units reserved for lower income households that are sold or rented at an affordable cost under the terms of California Health and Safety Code 50052. and 50053. Senate Bill 1087 requires all agencies providing sewer or water services to adopt written policies and 121
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
POLICY AND PROCEDURE TO PRIORITIZE WATER AND SEWER SERVICE FOR
AFFORDABLE HOUSING DEVELOPMENT
procedures with specific objective standards for providing the priority service by July 1, 2006, and once every five ( 5) years thereafter. ,
The policy must account for regulations and restrictions relating to water shortage emergencies, water supply availability as described in an urban water management plan and existing agency policies used to administer service determinations.
The City Council is being asked to approve the attached resolution, policy, and procedures, so that the City will continue to maintain compliance with its 2023-031 Housing Element and with California Government Code Section 65589. 7. Once approved, the City will begin implementing the service prioritization policy. The policy will be revised ( if necessary) and brought to the City Council at a minimum of every five ( 5) years to maintain compliance with Senate Bill 1087.
CEQA REVIEW:
This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and, therefore, does not require environmental review.
REASON FOR RECOMMENDATION:
Staff recommends that the City Council approve the proposed policy and procedure to prioritize water and sewer service for affordable housing development.
FISCAL IMPACT:
There is no fiscal impact to the City of Lathrop, only staff time to prepare the report.
ATTACHMENTS:
A. Resolution to Approve a Policy and Procedure to Prioritize Water and Sewer Service for Affordable Housing Development.
B. City of Lathrop Policy and Procedure to Prioritize Water and Sewer Service for Affordable Housing Development.
122
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
POLICY AND PROCEDURE TO PRIORITIZE WATER AND SEWER SERVICE FOR
AFFORDABLE HOUSING DEVELOPMENT
APPROVALS:
1/ 0616
Bra f
Taylor Date
Pub is Works Director / City Engineer
9 • Z - Zo2( 0
Michael King Date
Assistant City Manager
9, Log
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
123
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A POLICY AND PROCEDURE TO PRIORITIZE WATER AND SEWER
SERVICE FOR AFFORDABLE HOUSING DEVELOPMENT
WHEREAS, the State Legislature of California has enacted Chapter 727, Statues of 2005 ( SB 1087), which amends California Government Code Section 65589. 7 and requires water and sewer providers to grant priority water and sewer services for proposed developments that include housing units affordable to lower income households; and
WHEREAS, the City of Lathrop' s2023-031 Housing Element requires the City to establish conformance with Program # 4 ( Priority Sewer and Water for Affordable Housing) of its Housing Element by adopting policies and procedures to provide priority water service for developments that include lower income housing units pursuant to California Government Code Section 65589. 7; and WHEREAS, proposed developments that include housing units affordable to lower income households are defined as dwelling units that shall be sold or rented to lower income households, as defined in Section 50079. of the California Health and Safety Code, at an affordable housing cost, as defined in Section 50052. of the California Health and Safety Code, or an affordable rent, as defined in Section 50053 of the California Health and Safety Code; and
WHEREAS, California Government Code Section 65689. 7requires that the public agency that provides water and sewer services adopts written policies and procedures, not later than July 1, 2006 and at least once every five ( 5) years thereafter, to establish such priority for affordable housing projects; and WHEREAS, the City of Lathrop is the water and sewer provider for the City of Lathrop and is, therefore, subject to the requirements of Government Code Section 65589. 7; and
WHEREAS, this action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environmental and, therefore, does not require environmental review; and
WHEREAS, the City of Lathrop staff has prepared the required policy and procedures listed as attached" Attachment B" of the September 14, 2026 Staff Report in compliance with California Government Code Section 65589. 7.
Resolution No. 26-
124
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop does hereby approve the policy and procedures to prioritize water and sewer services for proposed developments that include housing units affordable to lower income households, as provided in the City Council Policy listed as " Attachment B" of the September 14, 2026 Staff Report that accompanied this resolution.
Resolution No. 26-
125
The foregoing Resolution was passed and adopted this 14th day of September 2026, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Paul Akinjo, Mayor
APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 26-
126
Attachment B
Ciity of
Lahro;p
DATE: September 14, 2026
RESOLUTION NO.: 26 -
SUBJECT: Water and Sewer Service Priority Policy for Proposed Developments that include Housing Units Affordable to
Lower Income Households.
PURPOSE
The purpose of this policy is to establish conformance with Program # 4 ( Prior Sewer and Water for Affordable Housing) of the City of Lathrop' s2023-031 Housing Element and with California Government Code Section 65589. 7 by memorializing written procedures to prioritize water and sewer service needs for proposed developments that include housing units affordable to lower income households.
POLICY
In accordance with Senate Bill 1087 and California Government Code Section 65589. 7, the City shall grant sewer and water service priority for proposed developments that include housing units affordable to lower income households as defined in Section 50079. of the California Health and Safety Code.
PROCEDURE
The following definitions shall apply to this policy:
1. "Proposed developments that include housing units affordable to lower income households" means that dwelling units shall be sold or rented to lower income households, as defined in Section 50079. of the California Health and Safety Code, at an affordable housing cost, as defined in Section 50052. of the California Health and Safety Code, or an affordable rent, as defined in Section 50053 of the California Health and Safety Code.
2. "Water or sewer services" means the supply of a service through a pipe or other constructed conveyance system for residential purposes. This does not include the resale of water for human consumption from one water supplier to another. This also does not include passing sewerage from one sanitary agency' scollection system to another.
127
Attachment B
This policy shall be implemented and enforced per the conditions listed herein:
1. Based upon existing regulations and restrictions relating to water shortage emergencies, coupled with the availability of the water supply as determined by the City of Lathrop, the Public Works Director/ City Engineer shall ensure that priority for waterandsewer services is given to proposed developments that include housing units affordable to lower income households.
2. The City shall not deny or condition the approval of an application for water or sewer services to, or reduce the amount of services applied for by, a proposed development that includes housing units affordable to lower income households unless the City makes specific written findings that the denial, condition, or reduction is necessary due to the existence of one of the following:
a. The City does not have " sufficient water supply as defined, by Section 66473. 7(a)( 2) of the California Government Code.
b. The City is operating under a water shortage emergency as defined by Section 350 of the California Water Code.
c. A written engineering analysis and report demonstrate the existing water distribution system does not have sufficient water distribution capacity to serve the proposed development.
d. A written engineering analysis and report demonstrate the existing sewerage collection system does not have sufficient collection capacity . to serve the proposed development. :
e. The State Water Board Division of Drinking Water, State Water Resources Control Board, Central Valley Regional Water Quality Control Board and/ orthe San Joaquin County Department of Environmental Health issues an order to the City that prohibits new water connections or that prohibits new sewer connections.
f. The developer has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking service from the City, including, but not limited to, the requirements of local, state, orfederal laws, codes, standards, regulations or payment of a fee or charge imposed pursuant to California Government Code Section 66013.
3. The City shall revisit, revise ( if necessary) and readopt an update to these procedures and policies at least once within five ( 5) years of the issuance date. 128
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document consisting of an updatedland use map and:. a policy document of goals, policies, and actions to guidefuture development activities and City actions on a citywide basis. No specific development projects were proposed as part of the General Plan Update itself. The Program EIR. analyzed the potentially significant environmental impacts associated with adoption and implementation of the General,. Plan across the full range. of CEQA topics, and the City adopted findings, a statement of overriding considerations, and a mitigation monitoring and reporting program in connection with its certification.
Because the General Plan Update established the land use framework and buildout assumptions for.. the City - including the eastern ( Historic Lathrop) portion of the City that is the focus of the SWMP the public facilities and infrastructure needed to serve planned growth, includingstorm' drainage conveyance,. detention, and pumping facilities, were within the scope of the impacts: analyzed in the certified EIR.
APPROVALS
As part of the Original Project, the City undertook the following actions:
Certified the City of Lathrop General Plan Update EIR ( SCH # 2021100139); Adopted CEQA Findings of Fact and a Statement of Overriding Considerations; Adopted the Mitigation Monitoring and Reporting Program for the project; and Adopted the City of Lathrop General Plan
3. PROPOSED: PROJECT
The proposed Project is the adoption and implementation of the East .Lathrop Stormwater Master Plan. The SWMP updates the City' sstormwater planning for the East ( Historic) Lathrop area for the first time since the draft 2006 Master Plan. It develops an updated hydrologic and hydraulic model of the existing stormwater system, evaluates existing and future system performance, and recommends a prioritized set of operational : adjustments, maintenance projects, arid capital improvement projects ( CIPs) to reduce flood risk and support responsible growth and infill redevelopment. The specific objectives of the Plan are to:
Update.
Develop an updated XPSWMM hydrologic and hydraulic model reflecting current infrastructure, land use, and topographic conditions;
Evaluate existing system performance and identify areas where capacity is limited or flooding occurs;
Assess future system needs under projected growth and full buildout conditions. consistent with the City' s General Plan land use; and
Provide a prioritized Capital Improvement Program to guide investments in detention, pumping, and conveyance facilities.
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STUDY AREA
The study area is located within the City in San Joaquin County, California, along Interstate 5 just north of the Interstate 5 / Highway 120 interchange, with Stockton to the north and Manteca to the east. Thearea of focus encompasses the eastern portion of the City, generally defined as east of Interstate 5, south of Saint Andrew Street, west of the Union Pacific Railroad, and north of Louise Avenue. This area — known as East Lathrop or Historic Lathrop —is primarily urbanized with a mix of residential, commercial, and industrial land uses. The study area also includes two adjacent reference areas evaluated to understand potential hydraulic interactions: the Stonebridge area north of St. Andrew Street) and the Mossdale M- 2 area ( west of Interstate 5). The total area is approximately 1, 300 acres, of which the East Lathrop area is approximately 835 acres.
EXISTING STORMWATER SYSTEM.
The City' s stormwater system in the East Lathrop area conveys runoff through a network of approximately 21 detention and retention basins and 15 lift, surge, and pump stations, ultimately discharging to the San. Joaquin River through the San Joaquin River Storm Water. Pump Station. The collection system includes both gravity mains andforce mains. The Lift, surge, and pump stations range in capacity from small 3. 5 -horsepower units to 50 -horsepower pumps, and are monitored and controlled through the City' ssupervisory control and dataacquisition ( SCADA) system.. The Plan documents areas of chronic, nuisance flooding identified. by City operations staff, including locations along O Street; Fifth and Seventh Streets, South:. Harlan Road, and areas near Camish Pond and Woodfield Pond, and uses this information together with the updated model to develop and prioritize proposed. solutions..
PROPOSED SOLUTIONS
The SWMP prioritizes low- cost solutions where feasibleand: maximizes useof existing infrastructure.
Proposed solutionswere located and conceptually sized using City operations staff experience and the City' s 2024 Storm Drainage Standards, and are organized into three categories: operational adjustments, maintenance projects, and capital improvement projects.
OPERATIONAL ADJUSTMENTS
Operational adjustments consistof modifications to pump set points that make more efficient use of the system' sexisting capacity and can be implemented by City operations staff at their discretion as routine operations and maintenance activities. Proposed adjustments include modifying the set points at the Woodfield, Horizon Park, Libby Lane, J Street, and New Harlan storm water lift stations to retain flows in, or shift flows toward, basins withavailable capacity ( for example, Woodfield Pond, Horizon Park Pond, Libby Lane Pond, Charmaine Basin, and New Harlan Road Basin)
MAINTENANCE PROJECTS
Maintenance projects derive from the condition assessment completed for selected storm drains and consist primarily of cleaning, root removal, and spot repair or lining intended to extend the Addendum to the City of Lathrop General Plan EIR
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design life of the system. Most of these projects can be completed by the City' s operations and maintenance staff, with a limited number of higher -priority lining or replacement projects ( for example, along pipe segments L12SDMAGV31 and M11SDMAGV325) recommended for programmatic rehabilitation in the near term through the Capital Improvement Program.
CAPITAL IMPROVEMENT PROJECTS
The SWMP recommends the following seven capital improvement projects to reduce chronic flooding and address end -of -useful - life concerns in the East Lathrop area. Planning -level construction cost estimates are summarized in Table 1.
Table 1. Recommended East Lathrop SWMP Capital Improvement Projects Project Description Planning - Level
Construction Cost
Project 1 Lathrop Road, Avon Avenue, and Shilling Avenue relief storm drains ( 15- inch, 12 -inch, and 12 -inch relief pipes) to redirect flows from the at - capacity system serving the Avon Avenue / Reverend Maurice Cotton Drive / Shilling Avenue / Woodfield Pond area into portions of the system with excess capacity.
1, 775, 800
Project 2a Expansion of the pond on the parcel near the skatepark to a total of
2. 64 acre- feet of storage, with associated park improvements, to manage and retain flows from the Fifth, Sixth, and Seventh Street area. 6, 195, 700
Project 2b Roadside swales and driveway culverts in the Fifth, Sixth, and Seventh Street areas, discharging to O Street Pond or the expanded skateparkparcel pond; implementable block -by -block as funding allows. 9, 692, 800
Project 3 Camish Pond relief: a 15 -inch pipe connecting Camish Pond to Charmaine Pond to utilize available capacity in Charmaine Pond and reduce chronic flooding on Ryhiner Lane.
856, 100
Project 4 Reconstruction of the South Harlan Road storm pipe, upsized to 48- inch, discharging to the New Harlan Basin to relieve chronic flooding without adverse downstream impacts.
7, 887, 200
Project 5 Decommissioning of the aging San Joaquin River Storm Water Pump Station and diversion of flows to the Mossdale M- 2 Storm Water Pump Station, including a new drop -structure manhole with energy dissipation.
330, 20
Project 6 Replacement of the pump at the N Street Surge Station with a new 15- horsepower pump to convey flows into N Street Basin and relieve pressure on Thomsen Pond.
331, 500
Total 27, 069, 300
Note: Planning -level construction costs are approximate and drawn from the East Lathrop Stormwater Master Plan ( Carollo Engineers, June 2026, Public Administrative Draft). Total may not equal the sum of components due to rounding. Source:
East Lathrop Stormwater Master Plan, Chapter 7.
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Together with the operational adjustments and maintenance projects, these CIPs constitute the physical improvements contemplated by the proposed Project. The improvements are located within the already -urbanized East Lathrop study area, generally within existing rights -of -way, existing City -owned parcels and detention basin sites, or areas planned for redevelopment consistent with the land use designations analyzed in the certified General Plan Update EIR.
APPROVALS SOUGHT
In connection with the proposed Project, the City anticipates taking the following discretionary action:
Adoption of the East Lathrop Stormwater Master Plan.
Individual capital improvement projects identified in the SWMP will be subject to the City' sstandard project -level design, permitting, and CEQA compliance review as they are advanced for implementation.
4. ENVIRONMENTAL ANALYSIS
This section evaluates the proposed Project —adoption and implementation of the East Lathrop Stormwater Master Plan —against the environmental impact conclusions reached in the certified City of Lathrop General Plan Update EIR (SCH # 2021100139). For each impact, the analysis considers whether the proposed Project would result in a new significant effect not identified in the certified EIR, a substantial increase in the severity of an effect identified in the certified EIR, or any other condition described in CEQA Guidelines Section 15162 that would require preparation of a subsequent EIR.
The certified EIR is a program EIR that analyzed buildout of the City, including the storm drainage conveyance, detention, and pumping facilities needed to serve planned growth. The proposed Project consists of localized drainage improvements within the already - urbanized East Lathrop area —generally within existing rights -of -way, existing City -owned parcels and detention basin sites, or areas planned for redevelopment consistent with the land use designations analyzed in the certified EIR— together with operational adjustments and maintenance activities. The proposed Project does not modify the City' sland use map, increase planned densities or intensities, or induce growth beyond that analyzed in the certified EIR. Construction - related effects of the proposed Project would be temporary and localized and are within the scope of, and not greater than, the construction effects contemplated in the program - level analysis. Individual capital improvement projects will remain subject to project -level environmental review as they are advanced for implementation.
As a program EIR, the certified EIR minimized impacts through General Plan goals, policies, and actions rather than through discrete project -level mitigation measures. Accordingly, the certified EIR did not identify any impacts as less than significant with mitigation; impacts were identified as less than significant, less than cumulatively considerable, or significant and unavoidable. Each category is addressed below.
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ANALYSIS OF IMPACTS FOUND TO BE LESS THAN SIGNIFICANT
Specific impacts within the following categories of environmental effects were found to be less than significant, as set forth in more detail in the certified EIR. Following each category is a conclusion on whether the proposed Project changes the impact conclusion reached in the certified EIR.
Aesthetics and Visual Resources: The following specific impacts were found to be less than significant: 3. 1-, 3.1-2, 3. 1-, and 3. 1-4.
o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than -significant conclusion reached in the certified EIR.
Agricultural and Forest Resources: The following specific impacts were found to be less than significant: 3. 2-and 3. 2-4.
o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than -significant conclusion reached in the certified EIR.
Air Quality: The following specific impact was found to be less than significant: 3.- o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than -significant conclusion reached in the certified EIR.
Biological Resources: The following specific impacts were found to be less than significant: 3. 4- 1, 3. 4-2, 3. 4-, 3. 4-, 3. 4-5, and 3. 4-6.
o The proposed Project' s improvements are located primarily within the already - urbanized East Lathrop area and existing detention basin sites; ground -disturbing work and any activity near the San Joaquin River or drainage features would remain subject to applicable General Plan policies and resource - agency permitting. The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than - significant conclusion reached in the certified EIR.
Cultural Resources: The following specific impacts were found to be less than significant: 3.5-1,
3. 5-2, and 3. 5-
o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than -significant conclusion reached in the certified EIR.
Geology, Soils, and Minerals: The following specific impacts were found to be less than significant: 3. 6-1, 3. 6-2, 3. 6-, 3. 6-4, 3. 6-5, and 3. 6-. 8 Addendum to the City of Lathrop General Plan EIR
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o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than -significant conclusion reached in the certified EIR.
Greenhouse Gases and Climate Change: The following specific impact was found to be less than significant: 3. 7-2.
o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than -significant conclusion reached in the certified EIR.
Hazards: The following specific impacts were found to be less than significant: 3.8-1, 3. 8-2, 3. 8- 3, 3. 8-4, 3. 8-5, and 3. 8-6.
o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than -significant conclusion reached in the certified EIR.
Hydrology and Water Quality: The following specific impacts were found to be less than significant: 3. 9-1, 3.9-2, 3. 9-, and 3. 9-4.
o The proposed Project is intended to reduce chronic, localized flooding and improve management of stormwater within the East Lathrop area, consistent with the drainage - related conclusions of the certified EIR; it would not alter regional drainage patterns in a manner that increases erosion, siltation, or flooding beyond that analyzed. The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less - than -significant conclusion reached in the certified EIR.
Land Use and Population: The following specific impacts were found to be less than significant:
3. 10-, 3. 10- 2, 3. 10-, and 3. 10- 4.
o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than - significant conclusion reached in the certified EIR.
Noise: The following specific impacts were found to be less than significant: 3. 12- 2, 3. 12-, 3. 12- 4, 3. 12- 5, and 3. 12- 6.
o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than -significant conclusion reached in the certified EIR.
Public Services and Recreation: The following specific impacts were found to be less than significant: 3. 13- and 3. 13- 2.
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o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than -significant conclusion reached in the certified EIR.
Utilities and Service Systems: The following specific impacts were found to be less than significant: 3. 15- 2, 3. 15-, 3. 15- 4, 3. 15- 5, and 3. 15- 6, including Impact 3. 15- 5concerning the construction or relocation of storm water drainage facilities. o The proposed Project provides the type of storm water drainage improvements contemplated to serve the buildout analyzed in the certified EIR and does not require new or expanded water or wastewater treatment facilities. The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less - than -significant conclusion reached in the certified EIR.
Wildfire: The following specific impact was found to have no impact: 3. 16-. o The proposed Project would not result in a new significant effect, or a substantial increase in the severity of any effect analyzed in the certified EIR, and does not change the less -than -significant conclusion reached in the certified EIR.
ANALYSIS OF. IMPACTS FOUND TO BE LESS THAN CUMULATIVELY
CONSIDERABLE
Specific impacts within the following categories of environmental effects were found to result in a less than cumulatively considerable contribution, as set forth in more detail in the certified EIR.
Following each category is a conclusion on whether the proposed Project changes the impact conclusion reached in the certified EIR.
Aesthetics and Visual Resources: The following specific impact was found to be less than - cumulatively considerable: 4. 1.
o The proposed Project would not result in a new significant cumulative effect, or a substantial increase in the severity of any cumulative effect analyzed in the certified EIR, and does not change the less -than -cumulatively - considerable conclusion reached in the certified EIR.
Biological Resources: The following specific impact was found to be less than cumulatively considerable: 4.
o The proposed Project would not result in a new significant cumulative effect, or a substantial increase in the severity of any cumulative effect analyzed in the certified EIR, and does not change the less - than -cumulatively - considerable conclusion reached in the certified EIR.
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Cultural Resources: The following specific impact was found to be less than cumulatively considerable: 4. 5.
o The proposed Project would not result in a new significant cumulative effect, or a substantial increase in the severity of any cumulative effect analyzed in the certified EIR, and does not change the less -than -cumulatively - considerable conclusion reached in the certified EIR.
Geology and Soils: The following specific impact was found to be less than cumulatively considerable: 4. 6.
o The proposed Project would not result in a new significant cumulative effect, or a substantial increase in the severity of any cumulative effect analyzed in the certified EIR, and does not change the less -than -cumulatively -considerable conclusion reached in the certified EIR.
Hazards and Hazardous Materials: The following specific impact was found to be less than cumulatively considerable: 4. 8.
o The proposed Project would not result in a new significant cumulative effect, or a substantial increase in the severity of any cumulative effect analyzed in the certified EIR, and does not change the less -than -cumulatively - considerable conclusion reached in the certified EIR.
Hydrology and Water Quality: The following specific impact was found to be less than cumulatively considerable: 4.9.
o The proposed Project would not result in a new significant cumulative effect, or a substantial increase in the severity of any cumulative effect analyzed in the certified EIR, and does not change the less -than -cumulatively - considerable conclusion reached in the certified EIR.
Land Use, Population, and Housing: The following specific impact was found to be less than cumulatively considerable: 4. 10.
o The proposed Project would not result in a new significant cumulative effect, or a substantial increase in the severity of any cumulative effect analyzed in the certified EIR, and does not change the less -than -cumulatively - considerable conclusion reached in the certified EIR.
Public Services and Recreation: The following specific impact was found to be less than cumulatively considerable: 4. 13.
o The proposed Project would not result in a new significant cumulative effect, or a substantial increase in the severity of any cumulative effect analyzed in the certified EIR, Addendum to the City of Lathrop General Plan EIR 1 11
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and does not change the less -than - cumulatively - considerable conclusion reached in the certified EIR.
Wildfire: The following specific impact was found to be less than cumulatively considerable:
4. 16.
o The proposed Project would not result in a new significant cumulative effect, or a substantial increase in the severity of any cumulative effect analyzed in the certified EIR, and does not change the less -than -cumulatively - considerable conclusion reached in the certified EIR.
IMPACTS FOUND TO BE SIGNIFICANT AND UNAVOIDABLE
The certified EIR identified a number of project -level and cumulative impacts that would remain significant and unavoidable following implementation of all feasible General Plan goals, policies, and actions. Because no feasible mitigation was available to reduce these impacts to a less -than - significant level, the City adopted CEQA Findings of Fact and a Statement of Overriding Considerations upon certification of the EIR. As identified in the certified EIR, these significant and unavoidable impacts are driven by citywide land use buildout rather than by the provision of storm drainage infrastructure. The proposed Project does not change the land use assumptions analyzed in the certified EIR and does not induce growth; its physical effects are limited to temporary, localized construction associated with drainage improvements in the already -urbanized East Lathrop area. The project -level significant and unavoidable impacts are addressed below.
Agricultural and Forest Resources: The following specific impacts were found to be significant and unavoidable: 3.2-1 (conversion of farmland) and 3. 2- (conflict with agricultural zoning or a Williamson Act contract).
o The proposed Project' simprovements are located within the already -urbanized East Lathrop area and would not convert farmland or conflict with agricultural zoning or Williamson Act lands. The proposed Project would not increase the severity of this significant and unavoidable impact beyond the. level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Air Quality: The following specific impacts were found to be significant and unavoidable: 3.-1 conflict with the applicable air quality plan or cumulatively considerable increase in criteria pollutants) and 3.-2 (exposure of sensitive receptors to substantial pollutant concentrations).
o The proposed Project would generate only temporary, localized construction emissions subject to San Joaquin Valley Air Pollution Control District rules and applicable General Plan policies, and would not add a new operational source of criteria pollutants. The 12 Addendum to the City of Lathrop General Plan EIR
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proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Greenhouse Gases and Climate Change: The following specific impact was found to be significant and unavoidable,: 3. 7-1 (generation of GHG emissions and/ or conflict with an applicable GHG- reduction plan).
o The proposed Project would generate only minor, temporary construction - related GHG emissions and would not induce growth or increase long- term operational emissions beyond those analyzed in the certified EIR. The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Mineral Resources: The following specific impacts were found to be significant and unavoidable:
3. 11- (loss of a known mineral resource of regional or statewide value) and 3. 11- 2 (loss of a locally -important mineral resource recovery site).
o The proposed Project is located within the already -urbanized East Lathrop area and would not preclude recovery of mineral resources beyond the urbanization already analyzed in the certified EIR. The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Noise: The following specific impact was found to be significant and unavoidable: 3. 12- exposure to significant traffic noise sources).
o The proposed Project would not increase vehicular traffic or add a permanent traffic - noise source; construction noise would be temporary and subject to applicable General Plan policies. The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Transportation and Circulation: The following specific impacts were found to be significant and unavoidable: 3. 14- (vehicle miles traveled), 3. 14- 2 (conflict with a circulation program, Addendum to the City of Lathrop General Plan EIR 13
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plan, policy, or ordinance), and 3. 14- (hazards due to a design feature, incompatible use, or inadequate emergency access).
o The proposed Project would not change land use or employment and would not generate new vehicle miles traveled; any construction traffic would be temporary and localized. The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Utilities and Service Systems: The following specific impact was found to be significant and unavoidable: 3. 15- (insufficient water supplies during normal, dry, and multiple dry years). o The proposed Project is a storm water plan that would not increase potable water demand and therefore has no bearing on the water - supply deficiency identified in the certified EIR. The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
CUMULATIVE IMPACTS FOUND TO BE SIGNIFICANT AND UNAVOIDABLE The certified EIR also identified the following cumulative impacts as significant and unavoidable, for which the City' sStatement of Overriding Considerations applies. As with the project -level impacts above, these cumulative impacts are associated with citywide land use buildout rather than with storm drainage infrastructure.
Agricultural Resources: Cumulative impact 4. 2 was found to be significant and unavoidable. o The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Air Quality: Cumulative impact 4. 3 was found to be significant and unavoidable. o The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply. 14 Addendum to the City of Lathrop General Plan EIR
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Greenhouse Gases, Climate Change, and Energy: Cumulative impact 4. 7 was found to be significant and unavoidable.
o The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Mineral Resources: Cumulative impact 4. 11 was found to be significant and unavoidable. o The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Noise: Cumulative impact 4. 12 was found to be significant and unavoidable. o The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Transportation Network: Cumulative impact 4. 14 was found to be significant and unavoidable. o The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the . certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Utilities: Cumulative impact 4. 15 was found to be significant and unavoidable. o The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
Significant Irreversible Effects: Impact 4. 17 (irreversible and adverse effects) was found to be significant and unavoidable.
o The proposed Project would not increase the severity of this significant and unavoidable impact beyond the level analyzed in the certified EIR, would not result in a new significant effect, and does not constitute new information of substantial importance Addendum to the City of Lathrop General Plan EIR 15
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under CEQA Guidelines Section 15162. The Statement of Overriding Considerations adopted by the City upon certification of the EIR continues to apply.
In summary, the proposed Project would not result in any new significant environmental effect, would not substantially increase the severity of any effect analyzed in the certified EIR, and would not otherwise meet any of the conditions in CEQA Guidelines Section 15162 that would require preparation of a subsequent EIR. Consistent with CEQA Guidelines Section 15164, this Addendum is the appropriate CEQA document for the City' s adoption and implementation of the East Lathrop Stormwater Master Plan.
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ITEM 4. 8
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH UNIFIED CALIFORNIA
SERVICES FOR MICROTRANSIT SERVICES , AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Authorize the City Manager or Designee to Execute an Amendment to the
Professional Services Agreement with Unified
California Services for Microtransit Services and
Approve Budget Amendment
SUMMARY:
Lathrop Transit began operating in April 2025 as a new locally operated publictransit system. The service combines on -demand microtransit, which allows passengers to request trips within the service area, with School Tripper service scheduled around local school needs. Unified California Services, doing business as Unified Transit, currently operates and maintains the system under a Professional Services Agreement approved by the City Council in January 2025 and executed in February 2025.
Since service began, the City has gained operating experience, ridership has continued to grow following the introduction of free fares, and additional transit funding has become available due to collaboration with other agencies in the Stockton Urbanized Area ( UZA) and regional efforts. These developments create an opportunity to increase service hours, improve connections to regional transportation and essential destinations, and establish clearer operating, regulatory, and reporting requirements.
Amendment No. 1 would increase annual vehicle service hours by 5, 000, to. a total of up to 8, 966 hours; add early -morning, evening, and weekend service; align School Tripper service with the school calendar; extend microtransit service to Kaiser in Manteca; and require a computerized scheduling system and passenger application.
The amendment also clarifies responsibilities for vehicles, fuel, facilities, insurance, maintenance, regulatory compliance, and required reporting. The expanded services would be supported with dedicated transit funds and would have no impacton the General Fund.
BACKGROUND:
In 2024, the City conducted a request for proposals to select a contractor to provide microtransit operations. Unified Transit submitted a proposal and, in January 2025, the City Council awarded the company a five- year agreement structured as a one499 CITY MANAGER' SREPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
AUTHORIZE THE AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH UNIFIED CALIFORNIA SERVICES
year base term with four one- year extension options. The agreement was executed in February 2025, and Lathrop Transit launched in April 2025 as a turnkey operation managed by Unified Transit under City oversight with consultant support.
Microtransit provides flexible, on -demand transportation that can respond to trip requests throughout the service area rather than requiring every passenger to travel to a fixed - route stop. This operating model is well suited to a growing community with residential neighborhoods, schools, employment centers, public facilities, and regional transportation connections distributed across the City. School Tripper service complements microtransit by providing scheduled trips when schools are in session.
The original agreement established the framework needed to launch service. After more than a year of operation, the City is now positioned to refine that framework based on operating experience, community demand, available funding, and the compliance requirements associated with the use of federal transit funds.
Amendment No. 1 updates the service plan and more clearly assigns responsibilities between the City and Unified Transit so the system can grow in a controlled and accountable manner.
KEY PROVISIONS OF AMENDMENT NO. 1
The proposed amendment makes the following service and administrative changes:
1. Expanded operating hours. Increase service by 5, 000 vehicle service hours, to a total of up to 8, 966 hours, and add early -morning, evening weekday, Saturday, and Sunday service. The broader span of service is intended to provide all -day transit options and improve connections with Altamont Corridor Express ( ACE) train schedules and RTD commuter bus schedules.
2. School - day scheduling. Operate School Tripper service only when schools are in session, Monday through Friday, for approximately 180 school days. This directs scheduled service to the periods when student transportation demand exists.
3. Regional and medical access. Extend LathropTransit microtransit service to Kaiser in Manteca and improve connections with Manteca Transit, giving passengers an additional option for reaching medical services and connecting to the neighboring transit network.
4. Passenger scheduling technology. Require implementation of a computerized scheduling platform and passenger application to make trip requests and service administration more convenient, consistent, and transparent.
5. Federal compliance. Incorporate applicable Federal Transit Administration clauses, certifications, and operating requirements associated with the use of federal transit funds.
6. Clear allocation of responsibilities. Define the respective roles of the City and 500
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AGREEMENT WITH UNIFIED CALIFORNIA SERVICES
Unified Transit for facilities, insurance, vehicles, fuel, and maintenance. The agreement would also allow responsibilities to be adjusted during the contract term, including corresponding cost reductions when the City directly provides a function.
7. State operating requirements. Add requirements addressing Unified Transit' s compliance with applicable California Highway Patrol and Department of Motor Vehicles requirements.
8. Reporting and compensation. Establish clearer contractor reporting responsibilities so the City can meet funding - agency requirements and revise the fixed and variable compensation schedule to reflect the expanded service level and updated division of responsibilities.
COMMUNITY AND OPERATIONAL BENEFITS
The proposed service expansion is intended to make Lathrop Transit more useful for a wider range of daily trips. Earlier and later weekday service would better accommodate passengers whose work, school, medical, or connecting transportation schedules fall outside the current service window. Weekend service would provide an option for residents who need transportation when weekday - only service is not available.
Improved coordination with ACE, RTD and Manteca Transit would strengthen regional mobility, while service to Kaiser in Manteca would expand access to an important health- cre destination. Aligning School Tripper operations with the school calendar would concentrate resources when students are in session and allow the broader microtransit program to be operated more efficiently.
The administrative provisions are equally important to the City' s Tong -term stewardship of the system. Clear roles, federal and state compliance standards, and defined reporting responsibilities will support contract oversight, reimbursement requests, required reports to funding agencies, and future service planning. The ability to adjust responsibilities and the related variable cost also gives the City flexibility as it evaluates vehicle ownership, fuel, facilities, and maintenance arrangements over time.
REASON FOR RECOMMENDATION:
Staff recommends approval because Amendment No. 1 advances the City Council' s investment in a reliable, accessible, and financially sustainable local transit system.
The proposed changes respond to Lathrop' scontinued growth and to the practical transportation needs of residents traveling between neighborhoods, schools, regional rail service, neighboring transit systems, and medical services. 501
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AGREEMENT WITH UNIFIED CALIFORNIA SERVICES
The amendment would also place the operating agreement on a stronger administrative foundation. Requirements tied to federal funding, state vehicle and driver oversight, technology, reporting, and the allocation of operating responsibilities will provide clearer expectations for Unified Transit and better tools for City oversight.
Finally, the revised cost structure preserves flexibility for future service decisions.
When the City directly provides vehicles, fuel, facilities, maintenance, or another assigned function, the agreement allows the associated contractor cost to be reduced.
This approach supports continued service expansion while protecting the City' sability to manage long- term operating costs.
FISCAL IMPACT:
The amended compensation schedule reflects the increase in service hours and the revised allocation of operating responsibilities. Estimated City costs for the remainder of Year 2 and the remaining contract periods are shown below:
Contract Period Estimated Annual Cost
Remainder of Year 2 826, 20. 58
Year 3 1, 639, 809. 46
Year 4 1, 762,95. 17
Year 5 1, 895, 004. 81,
The amendment revises both the monthly fixed cost and the hourly variable cost for each contract year. Funding for the additional transit service and related contract costs will be provided from Measure K and Local Transportation Fund revenues allocated through the San Joaquin Council of Governments, together with Federal Transit Administration, Section 5307 funds. There is no impact to the General Fund.
The proposed action authorizes an amendment to the Lathrop Transit budget adopted by the City Council in June 2025 to increase contractual services expenditures by $ 558, 404. The amendment also increases budgeted revenues from FTA Section 5307 funding by $ 481, 335 and Local Transportation Fund ( LTF) Transit Set -Aside funding by $ 251, 465, and makes minor adjustments to other revenue sources to reflect actual grant awards and implementation of fare -free service for Fiscal Year 2026-027.
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AGREEMENT WITH UNIFIED CALIFORNIA SERVICES
ATTACHMENTS:
A. Resolution to Authorize the City Manager or Designee to Execute an Amendment to the Professional Services Agreement with Unified California Services for Microtransit Services and Approve Budget Amendment B. Amendment No. 1 to the Professional Services Agreement with Unified California Services for Microtransit Services
C. Amendment to the Transit Operations and Capital Budget 503
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SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
AUTHORIZE THE AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH UNIFIED CALIFORNIA SERVICES
APPROVALS:
9/ 6/ 2ozr,
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
Step en J. Salvatore Date
City Manager
504
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH UNIFIED
CALIFORNIA SERVICES FOR MICROTRANSIT SERVICES AND APPROVE
BUDGET AMENDMENT
WHEREAS, Lathrop Transit began operating in April 2025 as a new locally operated public transit system. The service combines on -demand microtransit, which allows passengers to request trips within the service area, with School Tripper service scheduled around local school needs; and
WHEREAS, Unified California Services; doing business as Unified Transit, currently operates and maintains the system under a Professional Services Agreement approved by the City Council in January 2025 and executed in February 2025; and
WHEREAS, since service began, the City has gained operating experience, ridership has continued to grow following the introduction of free fares, and additional transit funding has become available due to collaboration with other agencies in the Stockton Urbanized Area ( UZA) and regional efforts; and WHEREAS, these developments create an opportunity to increase service hours, improve connections to regional transportation and essential destinations, and establish clearer operating, regulatory, and reporting requirements; and WHEREAS, Amendment No. 1 would increase annual vehicle service hours by 5, 000, to a total of up to 8, 966 hours; add early -morning, evening, and weekend service; align School Tripper service with the school calendar; extend microtransit service to Kaiser in Manteca; and require a computerized scheduling system and passenger application; and
WHEREAS, the proposed service expansion is intended to make Lathrop Transit more useful for a wider range of daily trips. Earlier and later weekday service would better accommodate passengers whose work, school, medical, or connecting transportation schedules fall outside the current service window. Weekend service would provide an option for residents who need transportation when weekday - only service is not available; and
WHEREAS, improved coordination with ACE, RTD and Manteca Transit would strengthen regional mobility, while service to Kaiser in Manteca would expand access to an important health- cre destination; and
WHEREAS, staff recommends approval because Amendment No. 1 advances the City Council' sinvestment in a reliable, accessible, and financially sustainable local transit system. The proposed changes respond to Lathrop' scontinued growth and to the practical transportation needs of residents traveling between neighborhoods, schools, regional rail service, neighboring transit systems, and medical services; and 505
WHEREAS, the amended compensation schedule reflects the increase in service hours and the revised allocation of operating responsibilities. Estimated City costs for the remainder of Year 2 and the remaining contract periods are shown below:
Contract Period Estimated Annual Cost
Remainder of Year 2 826, 20. 58
Year 3 1, 639, 809. 46
Year 4 1, 762,95. 17
Year 5 s1, 895, 004. 81
The amendment revises both the monthly fixed cost and the hourly variable cost for each contract year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lathrop authorizes the City Manager or Designee to Execute an Amendment to the Professional Services Agreement with Unified California Services for Microtransit Services; and
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop hereby approves the budget amendments set forth in Attachment C to the accompanying City Manager' s Report, incorporated herein by reference, and authorizes Finance Department staff to make the necessary budget adjustments and accounting entries to implement those amendments.
506
The foregoing resolution was passed and adopted this 14th day of September 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 507
AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
WITH UNIFIED CALIFORNIA SERVICES LLC
TO PROVIDE MICROTRANSIT OPERATION SERVICES
This Amendment No. 1 (" Amendment") to the Agreement, THIS AGREEMENT FOR PROFESSIONAL SERVICES ( this " Agreement"), dated for convenience this 14t" day of September, 2026, is by and between UNIFIED CALIFORNIA SERVICES LLC, a California limited liability company (" CONTRACTOR") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS
A. On February 10, 2025, the CITY approved an Agreement with CONTRACTOR to operate and maintain the Lathrop Transit system; and B. CITY now desires to amend the Agreement as provided herein; and C. CONTRACTOR represents that it has the necessary professional skills and experience to satisfactorily provide transit operations and maintenance services in a timely manner.
NOW, THEREFORE, the parties hereby agree as follows:
1. Paragraph 16 ( q) is added in the Agreement is hereby added to read in full as follows:
q) Federal Funds. The Consultant acknowledges that the CITY shall use Federal funds to pay for the services in this Agreement. Therefore CONTRACTOR, shall comply with the appropriate Federal Clauses and Certifications in Exhibit C, certify any use of Disadvantaged Business Enterprise ( DBE) vendors in this Agreement and register with Systems for Awards Management or SAM at www. sam. gov. Any reference in Exhibit C to Agency, Sub -Recipient or Recipient shall mean CITY and any reference to CONTRACTOR or Respondent shall mean CONTRACTOR.
2. Exhibit A in the Agreement is hereby amended to include Exhibit A- 1 to amend the Scope of Services related to the CONTRACTOR providing the following:
Additional service hours on weekdays and weekends;
Operate the School Tripper routes, Monday -Friday only during Manteca Unified School District high school days;
CITY will provide fuel and vehicles to CONTRACTOR and
CONTRACTOR shall maintain vehicles unless the scope is
removed at the CITY' s discretion;
Compliance with National Transit Database reporting;
Compliance with Drug and Alcohol Management Information 1 508
System ( DAMIS);
Compliance with Public Transportation Agency Safety Plan for large urban areas; and
Compliance with civil rights, which includes, but not limited to:
Title VI and Americans with Disabilities Act (ADA);
3. Exhibit B in the Agreement is hereby amended to Exhibit B- 1 to reflect revised pricing to reflect changes in service defined in Exhibit A- 1.
4. Effective Date. This Amendment is effective September 15, 2026 ( the " Effective Date"). Year 1 compensation under Exhibit B- 1 is prorated for the period from the Effective Date through March 31, 2027. Year 2 compensation shall begin on April 1, 2027 to March 31, 2028, Year 3 compensation shall begin on April 1, 2028 to March 31, 2029 and Year 4 compensation shall begin on April 1, 2029 to March 31, 2030.
5. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.
Signature Page Follows]
2 509
IN WITNESS WHEREOF, the Parties have executed and entered into this AMENDMENT NO. 1 as of the date first written above.
CITY OF LATHROP, CALIFORNIA
APPROVED BY:
By:
Name: Stephen J. Salvatore
Title: City Manager
ATTEST:
By:
Name: Teresa Vargas
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Salvador Navarrete
Title: City Attorney
RECOMMENDED FOR APPROVAL:
By:
Name: Thomas Hedegard
Title: Deputy' City Manager
UNIFIED CALIFORNIA SERVICES LLC
By:
Name:
Title:
By:
Name:
Title:
3 510
EXHIBIT A- 1
REVISED SCOPE OF SERVICES
CONTRACTOR has calculated the cost proposal based on the service parameters outlined in the Scope of Work. The following assumptions were made to ensure accuracy and transparency in pricing:
Service Days: Seven Days A Week
Exclusion Days: Federal and CITY Holidays*
Daily Service Hours: 15-7 hours per weekday, 9 hours per weekend, inclusive of pre -trip and post -trip responsibilities ( actual operational hours may vary) Annual Service Days: 250 Days Per Year — Weekdays, 104 Days Per Year - Weekends Total Annual Service Hours: Up to 8, 996 hours.
Excluded Holidays:
New Year' sDay — January 1
Dr. Martin Luther King Jr. Day — Third Monday in January Presidents' Day — Third Monday in February
Memorial Day — Last Monday in May
Juneteenth National Independence Day — June 19
Independence Day —July 4
Labor Day — First Monday in September
Columbus Day — Second Monday in October
Veterans Day — November 11
Thanksgiving Day — Fourth Thursday in November
Christmas Day — December 25
School Tripper Services:
School Tripper Routes A, B, C and D shall operate weekdays only during Manteca Unified School District high school days of operations. Should passenger capacity exceed nine ( 9), CONTRACTOR shall be prepared to deploy additional vehicles at the variable hourly rate of as defined in Exhibit B- 1 per service hour, subject to vehicle availability.
Special Event and Weekend Services:
The CITY may request service for special events on an hourly basis. These additional services will be billed at the variable hourly rate as defined in Exhibit B- 1 and are subject to mutual agreement on scheduling and availability.
Upon 90 calendar day written notice to the CONTRACTOR, starting in Year 2 of the Agreement, the CITY shall provide the following services for the CONTRACTOR, and the CONTRACTOR shall be relieved from providing the following functions:
Lease of a
facility for operations and/ or maintenance purposes, including ancillary needs such as utilities, facility maintenance and environmental compliance. 4 511
Provision of maintenance equipment for use in a leased facility provided by the CONTRACTOR. Any equipment purchased by the CONTRACTOR and reimbursed by CITY shall be owned by the CITY at the end of the Agreement.
Provision of fuel for revenue and non -revenue vehicles.
Provision of five ( 5) nine passenger vehicles and one ( 1) 29 foot trolley for use by CONTRACTOR with CONTRACTOR providing appropriate insurance.
Provision of maintenance services for some or all of the CITY owned vehicles.
Notwithstanding the foregoing: (i) CITY shall provide fuel for revenue and non -revenue vehicles from the Effective Date of this Amendment; ( ii) CITY shall provide the five ( 5) nine -passenger vehicles upon delivery of the CITY fleet ( estimated April 2027), with CONTRACTOR' svehicles bridging service until such delivery at no vehicle capital charge; (iv) should CITY exercise the facility provision above, CITY shall assume or reimburse CONTRACTOR' sunamortized lease obligations incurred for this Agreement.
Upon delivery of the CITY' svehicles to CONTRACTOR, the CONTRACTOR shall provide a credit equal to the straight- line depreciated value of the CITY' s $ 180, 00 vehicle capital contribution, computed on a four- year useful life from the February 2025 contract execution date, applied in equal monthly credits against the monthly invoice over the remaining term of the Agreement.
It is estimated that two ( 2) peak vehicles will be needed for Lathrop Transit microtransit service and two (2) peak vehicles will be needed for Lathrop Transit school tripper service starting in year
2. Additional revenue vehicles may be needed during the Agreement term. Should the CITY add beyond six ( 6) vehicles, the Parties shall negotiate a modification to the Exhibit B- 1. It is anticipated that a 29 foot trolley vehicle will be added to the fleet by Year 3 of the Contract. The Parties will enter into a new amendment, should the trolley be added to fleet to reflect any changes in operational and maintenance costs.
Should CONTRACTOR operate vehicles greater than 10 passengers, CONTRACTOR shall ensure that it complies with all requirements of the California Highway Patrol, including but not limited to participation in the Employee Pull Notice Program, obtaining a CA number and completing a motor carrier profile, participation in the Basic Inspection of Terminals ( BIT) Program, ensuring all vehicles greater than 10 passengers meet the General Public Paratransit Vehicle ( GPPV) requirements and conducting appropriate training related to verification of transit training (VTT) requirements as defined by the California Department of Motor Vehicles ( DMV).
Should CONTRACTOR operate vehicles greater than 26, 001 Gross Vehicle Weight Rating GVWR) and/ or have more than 15 passengers, the CONTRACTOR' sOperators shall have a Commercial Class B Driver' s License with passenger and air brake endorsements as defined by the DMV.
CONTRACTOR shall prepare a Monthly Report that includes key operating statistics, such as revenue hours and miles, vehicle hours and miles, ridership, complaints, major and other 5 512
mechanical failures, fleet statistics, route revenue, and safety and security data as required by National Transit Database ( NTD). Additionally, any critical information typically included in the Daily Operations Report ( e.g., missed trips, road calls, vehicle accidents/ incidents, employees' levels, Operator training status) that is necessary for ongoing monitoring of service quality and performance should also be included. The report must be submitted in a format approved by the CITY no later than the 15th day of the following month. In the event the 15th is a Saturday, Sunday, or Holiday, the report must be submitted on the next business day by 3: 00 p. m.
For NTD reporting, CONTRACTOR shall provide data, analyses, and reports to the CITY to support, monthly and annual reporting to NTD for contractor - provided services. The data, analyses, and reports must include all data elements and details necessary to comply with being a full reporter for an urban and rural system as defined in the latest NTD reporting policy manual, available here at: https:// www. transit. do. gv/ ntd/ manuals.
Sampling for School Tripper: CONTRACTOR shall support the requirement to estimate fixed route annual passenger miles for NTD reporting according to the CITY latest sampling plan. This includes the CONTRACTOR Operators and/ or other CONTRACTOR employees recording passenger boardings and alightings by stop for randomly selected trips. The CITY has tools and templates to support trip selection and data collection ( e.g., paper -based data collection sheets); however, the CONTRACTOR may propose their own tools and templates if available.
Reporting for Microtransit: CONTRACTOR shall support the requirement to report demand response annual passenger miles for NTD reporting. CONTRACTOR shall collect and report passenger miles data using its own resources (e.g., scheduling and dispatching software) and shall provide the data to CITY.
The CONTRACTOR shall support the CITY in maintaining compliance with the Public Transportation Agency Safety Plans ( PTASP) regulation (49 CFR Part 673). The CONTRACTOR shall serve as CITY' sTransit Safety Officer supporting the CITY' sAccountable Executive or designee. CONTRACTOR shall participate in the development of the CITY' s safety plan for
CITY' stransit operations to be submitted to the FTA that is compliant with the requirements as defined here: https:// www. transit. do. gv/ PTASP and that the CONTRACTOR shall adopt the Safety Management System ( SMS) approach.
CONTRACTOR shall ensure that Operations Manager participate in monthly System Safety meetings with CITY personnel and/ or contracted agents. CONTRACTOR shall conduct periodic emergency readiness training and drills. CONTRACTOR shall also participate in such drills at the direction of CITY. CONTRACTOR Operations Manager shall participate in the Public Transportation Safety Certification Training Program shall complete certification by the end of the third year ofthe Agreement.
CONTRACTOR shall provide to its applicable employees a program for post -accident training.
The CONTRACTOR must implement a written Drug and Alcohol Testing program that is in compliance with FTA Regulations found at 49 CFR Parts 40 and 655. This program must be submitted and approved by the CITY by the end of year 2 of the Agreement. This includes having 6 513
written policies describing which employees are subject to testing, what types of testing will occur, which behavior is prohibited and the consequences of violating the policy. The following types of tests must be included in the CONTRACTOR' s
program:
Pre -Employment;
Post -Accident;
Random;
Reasonable suspicion;
Return to Duty;
Follow -Up; and
Resting ( alcohol only)
The CONTRACTOR' sDrug and Alcohol Testing Program must be Contract specific to Lathrop Transit. Corporate - wide policies that have been found to comply with FTA regulations may be used as long as they are first modified to be specific to Lathrop Transit. This includes identifying specific contact people, testing centers, and resources.
The CONTRACTOR' sPolicy shall not contradict any requirements of FTA' s Drug and Alcohol Testing Policy. The CONTRACTOR' sDrug and Alcohol Testing Program is subject to approval and audit by the FTA. Any recommended changes by FTA shall be implemented in the CONTRACTOR' sDrug and Alcohol Testing Policy.
The CONTRACTOR must also maintain a variety of records to document compliance with the FTA' sDrug and Alcohol testing requirements. Procedures need to be in place detailing, which records need to be kept, their duration, and when individual employee records may be released.
The CONTRACTOR must make use of the most recently approved U. S. DOT Drug Testing Custody and Control and the U. S. DOT Breath Alcohol Testing (OMB No. 2105- 0529) forms. No later than January 31 ofeach calendar year, the CONTRACTOR shall submit a properly completed FTA Drug & Alcohol Management Information System ( DAMIS) annual report summarizing the drug and alcohol test results from safety sensitive employees of the CONTRACTOR from the previous calendar year. The CONTRACTOR must fill out separate DAMIS Report forms for each subcontractor as well.
The CONTRACTOR must secure the services of a Department of Health and Human Resources certified Testing Laboratory and use an Evidential Breath Testing device approved by the National Highway Traffic Safety Administration ( NHTSA). The CONTRACTOR' sMedical Review Officer (MRO), Blood -Alcohol Technician ( BAT), and Substance Abuse Professional ( SAP) must all be properly certified and licensed according to 49 CFR Parts 40 and 655. Prior to the beginning ofthis Contract, the CONTRACTOR shall submit copies of all requiredlicenses and certifications for these individuals, labs, and devices to the CITY. At any time should any of the individuals or firms listed above be changed, the CONTRACTOR shall immediately notify the CITY.
To the extent permitted by law, authorized representatives from the CITY, State of California or FTA should be documented in the CONTRACTOR' s Policy to have access to test results and other documentation that the CONTRACTOR has access to. The CITY, State of California, or FTA shall 7 514
have access to the names of the Testing Laboratory, Medical Review Officer ( MRO), Blood - Alcohol Technician ( BAT), and Substance Abuse Professional ( SAP).
The CONTRACTOR shall implement a training program to ensure that all CONTRACTOR employees comply with the CITY' s Title VI Program and the ADA as well as any FTA Civil Rights programs.
The CONTRACTOR shall have a computerized scheduling software implemented for microtransit operations no later than December 31, 2026 with a passenger app available for download from Google and Apple app platforms to allow passengers to schedule and cancel trips in real time during microtransit service hours. The computerized scheduling software shall also provide appropriate reporting to meet the needs of the NTD and FTA. The initial production release shall include, at a minimum: passenger trip booking and cancellation in real time through the passenger app; dispatch and scheduling functions; capture and reporting of the data elements required for NTD reporting; and operator and compliance features supporting daily operations. Additional features, refinements and enhancements may be deployed on a rolling basis following the initial
release, and the software shall be deemed implemented upon substantial conformance with the foregoing minimum capabilities. The software specifications, platform' sfull capability roadmap; the initial production release and the implementation standard for the software is defined in Exhibit D. The Parties acknowledge that the original proposal submitted by CONTRACTOR commits a computerized scheduling software and the CITY shall not be charged any additional costs associated with the computerized scheduling app.
8 515
EXHIBIT B- 1
REVISED PRICING
Year 1( Rermainder) Year 2 Year 3 Year 4
Fixed (annual) 1, 034, 664. 15 1,12, 263. 96 1,95, 683. 76 1, 285, 360. 04 Variable ( annual) 490, 740. 0 527,45. 50 567, 111. 4 609,44. 77 Fixed ( monthly) 86, 222. 01 92, 688.6 99, 640. 31 107,13. 34 Variable ( hourly) 54.5 58. 64 63. 04 67. 77
Revenue Hours ( up to) 8, 996. 25
9 516
EXHIBIT B- 1 — Lathrop Transit Revised Pricing ( Amendment No. 1) Service Level: 8, 996. 25annual vehicle revenue hours ( recommended). Billed monthly on delivered revenue hours; Year 1 covers September 15, 2026 — March 31, 2027 ( 6. 5 months).
Item
Unit
Count
Annual Rate Basis ( Full Year)
Year 1( Sep15, 2026 - Mar 31,
2027)
Year 2 ( FY 2027-8) . Year 3 ( FY 2028-9) Year 4 (FY 2029- 30) Fixed Variable Fixed Variable' Fixed Variable. Fixed Variable Fixed Variable - A. Salaries and Wages
1 Administrative Personnel 2 195, 000. 105, 625. 00 209, 625. 00 225, 346. 88 242,47. 89 2 Contractors
3 Drivers 8 300, 00. 162, 500. 0 322, 500. 0 346, 687. 50 372, 689. 06 4 Support Staff ( Dispatch / Road Supervision) 2 140, 00. 75, 833. 3 150, 50. 0 161, 787. 50 173, 921. 56 B Payroll Taxes and Fringe Benefits.
1 Administrative Personnel 54, 600. 0 29, 575. 00 58, 695. 00 63, 097. 13 67, 829. 41 2 Contractors
3 Drivers 84, 000. 45, 500. 0 90, 300. 0 97, 072. 50 104, 352. 94 4 Support Staff 39, 200. 0 21,33. 3 42, 140. 0 45, 300. 5 48, 698. 04 5 Workers Compensation: Non -Drivers 6, 700. 0 3, 629. 17 7, 202. 50 7,42. 69 8, 323.9 6 Workers Compensation: Drivers 38,40. 0 20, 767. 50 41, 215. 50 44, 306. 6 47, 629.6 C Office Expenses -
1 Rent / Leases 45, 000. 24, 375. 00 48, 375. 00 52, 003. 1 55, 903. 36 2 Office Supplies 4, 200. 0 2,75. 00 4, 515. 00 4, 853. 6 5, 217. 65 3 Utilities 25, 800. 0 13, 975. 00 27, 735. 00 29, 815. 13 32, 051. 26 D Insurance Expenses
1 General Liability 15, 000. 8, 125. 00 16,25. 00 17, 334.8 18, 634. 45 2 Employment Practices Liability 12, 500. 0 6, 770. 83 13, 437. 50 14, 445. 31 15, 528. 71 3 Auto Liability 96, 000. 52, 000. 103, 200. 0 110, 940. 0 119, 260. 5 4 Auto Physical Damage 22, 000. 11, 916. 67 23, 650. 0 25, 423. 75 27, 330. 53 E . Vehicle Expenses
1 OEM Maintenance 24, 000. 13, 000. 25, 800. 0 27, 735. 00 29, 815. 13 2 Predictive Maintenance (i.e. Tires) 18, 000. 9, 750. 0 19, 350. 0 20, 801. 25 22, 361.4 3 Systematic Maintenance 30, 000. 16, 250. 0 32, 250. 0 34, 668. 75 37, 268. 91 4 Fuel Expense (provided by CITY)
F ,EquipmentlSupplies Purchase
1 Vehicles ( provided by CITY) 4
2 Safety Equipment 9, 500. 0 5, 145. 83 10, 212. 50 10, 978. 44 11, 801.2 3 Administrative Tools 7, 200. 0 3, 900. 0 7,40. 0 8, 320. 5 8, 94454 4 Compliance — Federal Programs (NTD, PTASP, DAMIS, Title VI) 88, 000. 47, 666.7 94, 600. 0 101, 695. 00 109, 322. 13 5 Scheduling Software & Public Booking App ( new scope, Exhib tA- 1) 58, 000. 31, 416, 67 62, 350. 0 67, 026. 25 72, 053. 22 G Miscellaneous Expenses
1 Employee Miscellaneous 3, 600. 0 1, 950. 0 3, 870. 0 4, 160. 25 4,72. 27 2 Vehicle Miscellaneous 8, 400. 0 4, 550. 0 9, 030. 9, 707. 25 10, 435. 29 3 Technology Miscellaneous 9, 600. 0 5, 200. 0 10, 320. 0 11, 094.0 11, 926. 05 4 Other Miscellaneous 3, 000. 1, 625. 00 3, 225. 00 3, 466. 88 3, 726. 89 H Overhead & Profit
1 Overhead 82, 000. 44,16. 67 88, 150. 0 94, 761. 25 101, 868. 34 2 Profit 105, 764. 15 57, 288, 91 113, 696. 4 122, 23. 70 131, 390. 47 I Cost
1 Total Fixed Cost 1, 034, 664. 15 560, 443. 08 1,12, 263. 96 1,95, 683. 76 1, 285, 360. 04 2 Total Variable Cost 490, 740. 0 265, 817. 50 527,45. 50 567, 111. 4 609,44. 77 3 Total Cost ( per period) 1, 525, 404. 15 826, 20. 58 1, 639, 809. 46 1, 762,95. 17 1, 895, 004. 81 Billing Basis: Fixed $ 86, 222. 01 per month, plus Variable $54.5 per delivered vehicle revenue hour ( equivalent to $169. 56 per delivered revenue hour at the scheduled service level).
Notes: Fuel and vehicles are provided by CITY per Amendment No. 1; no fuel or vehicle acquisition cost appears in this Exhibit. Trolley costs are excluded and will be priced by separate amendment upon delivery. Non -revenue time ( pull- out, pull -in, pre - trip and post -trip) is included within the rate; billing is on delivered vehicle revenue hours only, supported by trip and hour logs. Annual totals govern; monthly and hourly figures are derived from them. 517
EXHIBIT C
FEDERAL CLAUSES AND CERTIFICATIONS
10 518
ACCESS TO RECORDS AND REPORTS
1. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records. (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.
2. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C. F. R. § 200. 334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three ( 3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
3. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200. 337.
4. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200. 337.
AMERICANS WITH DISABILITIES ACT(DA)
The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U. S. C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U. S. C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U. S. C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U. S. GSA, U. S. EEOC, U. S. FCC, any subsequent amendments thereto and any other nondiscrimination statute( s) that may apply to the Project.
CHARTER SERVICE
The contractor agrees to comply with 49 U. S. C. 5323( d), 5323( r), and 49 C. F. R. part 604, which provides that Recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 U. S. C. § 5323( d); 2. FTA regulations, "Charter Service," 49 C. F. R. part 604; 3. Any other federal Charter Service regulations; or 4. Federal guidance, except as FTA determines otherwise in writing.
The contractor agrees that if it engages in a pattern of violations of FTA' sCharter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: 1. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA' sCharter Service regulations; or 3. Any other appropriate remedy that may apply. The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.
CHANGES TO FEDERAL REQUIREMENTS
Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient' s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and Applicable changes to those federal requirements will apply to each Third Party Agreement and parties thereto at any tier.
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U. S. C. § 7401-671q) and the Federal Water Pollution Control Act as amended ( 33 U. S. C. § 1251- 1387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150, 00:
Clean Air Act
1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean AirAct, as amended, 42 U. S. C. § 7401 et seq.
2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3) The contractor agrees to include these requirements in each subcontract exceeding $ 150, 00 financed in whole or in part with Federal assistance provided by FTA.
Federal Water Pollution Control Act
1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U. S. C. 1251 et seq.
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2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3) The contractor agrees to include these requirements in each subcontract exceeding $ 150, 00 financed in whole or in part with Federal assistance provided by FTA."
CIVIL RIGHTS LAWS AND REGULATIONS
The following Federal Civil Rights laws and regulations apply to all contracts.
The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U. S. C2000d, and U. S. DOT regulation " Nondiscrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of the Title VI of the Civil rights Act, "49 C. F. R. Part 21 and any implementing requirement FTA may issue. 1 Federal Equal Employment Opportunity ( EEO) Requirements. These include, but are not limited to:
a) Nondiscrimination in Federal Public Transportation Programs. 49 U. S. C. § 5332, covering projects, programs, and activities financed under 49 U. S. C.
Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex ( including sexual orientation), disability, or age, and prohibits discrimination in employment or business opportunity.
b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U. S. C. § 2000e, Title VI of the Civil Rights Act of 1964," 49 CFR Part 21, and 49 U. S. C. § 5332, prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. 2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U. S. C. § 1681 et seq. and implementing Federal regulations, " Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C. F. R. part 25 prohibit discrimination on the basis of sex.
3 Nondiscrimination on the Basis of Age. The "Age Discrimination Act of 1975," as amended, 42 U. S. C. § 6101 et seq., and Department of Health and Human Services implementing regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C. F. R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U. S. C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, " Age Discrimination in Employment Act," 29 C. F. R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age. 4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U. S. C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.
Civil Rights and Equal Opportunity
The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U. S. C. 5323( h) ( 3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.
1. Nondiscrimination. In accordance with Federal transit law at 49 U. S. C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2. Equal Employment Opportunity. In accordance with Title VII of the Civil Rights Act, as amended, 42 U. S. C. § 2000e et seq., Title I of the Americans with Disabilities Act of 1990, as amended, 42 U. S. C. §§ 12101, et seq.; and Federal transit laws at 49 U. S. C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements, without regard to their race, color, religion, national origin, or sex ( including sexual orientation). In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
3. Age. In accordance with the Age Discrimination in Employment Act, 29 U. S. C. §§ 621-34, U. S. Equal Employment Opportunity Commission ( U. S.
EEOC) regulations, " Age Discrimination in Employment Act," 29 C. F. R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U. S. C. § 6101 et seq., U. S. Health and Human Services regulations, " Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C. F. R. part 90, and Federal transit law at 49 U. S. C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.
4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U. S. C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U. S. C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U. S. C. § 4151 et seq., and Federal transit law at 49 U. S. C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
5. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U. S.
Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. 520
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Applicability: This requirement applies to all FTA grant and cooperative agreement programs. b. Where applicable ( see 40 U. S. C. § 3701), all contracts awarded by the non -Federal entity in excess of $100, 00 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U. S. C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C. F. R. Part 5. See 2 C. F. R. Part 200, Appendix II. c. Under 40 U. S. C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. d. The requirements of 40 U. S. C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. e. The regulation at 29 C. F. R. § 5.(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:
Compliance with the Contract Work Hours and Safety Standards Act. 1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph ( 1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph ( 1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph ( 1) of this section. 3) Withholding for unpaid wages and liquidated damages. The agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account ofwork performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph ( 2) of this section. 4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph ( 1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs ( 1) through ( 4) of this section."
DEBARMENT AND SUSPENSION
Debarment and Suspension ( Executive Orders 12549 and 12689). A covered transaction ( see 2 C. F. R. §§ 180. 220 and 1200. 220) must not be entered into with any party listed on the govemmentwide exclusions in the System for Award Management ( SAM), in accordance with the OMB guidelines at 2 C. F. R. 180 that implement Executive Orders 12549 ( 31 U. S. C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 ( 31 U. S. C. § 6101 note, 54 Fed. Reg. 34131), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Recipient agrees to include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:
1) Complies with federal debarment and suspension requirements; and 2) Reviews the SAM at https:// www. sam. gov, if necessary to comply with U. S. DOT regulations, 2 CFR Part 1200.
DISADVANTAGED BUSINESS ENTERPRISE ( DBE)
Does not apply to projects fully funded by the Tribal Transportation Program ( TTP).) It is the policy of the Agency and the United States Department of Transportation (" DOT") that Disadvantaged Business Enterprises (" DBE' s"), as defined herein and in the Federal regulations published at 49 C. F. R. part 26, shall have an equal opportunity to participate in DOT -assisted contracts.
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C. F. R. part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Agency deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/ or
4) Disqualifying the contractor from future bidding as non - responsible. 49 C. F. R. § 26. 13( b). 521
Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C. F. R. § 26. 29( a).
Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency' swritten consent; and that, unless the Agency' sconsent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C. F. R. § 26. 53( 0 (1).
ENERGY CONSERVATION
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U. S. C.§ 6201).
FLY AMERICA
a) Definitions. As used in this clause -
1) "International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. 2) "United States" means the 50 States, the District of Columbia, and outlying areas. 3) "U. S.- flag air carrier" means an air carrier holding a certificate under 49 U. S. C. Chapter 411. b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 ( 49 U. S. C. 40118) (Fly America Act) requires contractors, Agencys, and others use U. S.- flag air carriers for U. S. Government -financed international air transportation of personnel and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign - flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign - flag air carrier if a U. S.- flag air carrier is available to provide such services.
c) If available, the Contractor, in performing work under this contract, shall use U. S.- flag carriers for international air transportation of personnel ( and their personal effects) or property.
d) In the event that the Contractor selects a carrier other than a U. S.- flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:
Statement of Unavailability of U. S.- Flao Air Carriers International air transportation of persons (and their personal effects) or property by U. S.- flag air carrier was not available or it was necessary to use foreign - flag air carrier service for the following reasons. See FAR § 47.03. [State reasons]:
e) Contractor shall include the substance of this clause, including this paragraph ( e), in each subcontract or purchase under this contract that may involve international air transportation.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION ( FTA) TERMS The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220. 1are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party ( whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
NOTICE TO FTA AND U. S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE,
ABUSE, OR OTHER LEGAL MATTERS
If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a covered transaction" according to 2 C. F. R. §§ 180. 220 and 1200. 220. 1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a
legal disagreement in any forum for any reason.
2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government' sinterests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government' sadministration or enforcement of federal laws, regulations, and requirements.
3) The Recipient must promptly notify the U. S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U. S. C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, 522
employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U. S. C. § 3801 et seq. and U. S. DOT regulations, " Program Fraud Civil Remedies," 49 C. F. R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U. S. C. chapter 53, the Government reserves the right to impose the penalties of 18 U. S. C. § 1001 and 49 U. S. C. § 5323( 1) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 523
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
1) Procure or obtain covered telecommunications equipment or services; 2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or 3) Enter into a contract ( or extend or renew a contract) to procure or obtain covered telecommunications equipment or services. b) As described in section 889 of Public Law 115- 232, "covered telecommunications equipment or services" means any of the following:
1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation ( or any subsidiary or affiliate of such entities); 2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company ( or any subsidiary or affiliate of such entities); 3) Telecommunications or video surveillance services provided by such entities or using such equipment; 4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; c) For the purposes of this section, "covered telecommunications equipment or services" also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. d) In implementing the prohibition under section 889 of Public Law 115- 232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained. e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.
f) For additional information, see section 889 of Public Law 115- 232 and 200. 471.
PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS
The Contractor agrees to comply with the following employee protective arrangements of 49 U. S. C. § 5333( b):
1. U. S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U. S. DOL is a condition of the Contract.
2. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U. S. C. § 5311, U. S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U. S. DOL Special Warranty is a condition of the Contract.
3. Special Arrangements. The conditions of 49 U. S. C. § 5333( b) do not apply to Contractors providing public transportation operations pursuant to 49 U. S. C. 5310. FTA reserves the right to make case - by -case determinations of the applicability of 49 U. S. C. § 5333( b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required.
PROMPT PAYMENT
Does not apply to projects fully funded by the Tribal Transportation Program ( TTP).) The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor' sreceipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor' swork related to this contract is satisfactorily completed.
The contractor must promptly notify the Agency, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Agency.
RESTRICTIONS ON LOBBYING
Conditions on use of funds.
a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, that the person has not made, and will not make, any payment prohibited by paragraph ( a) of this section. 524
c) Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph ( a) of this section if paid for with appropriated funds. d) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, whether that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
e) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form if that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
Certification and disclosure.
a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for:
1) Award of a Federal contract, grant, or cooperative agreement exceeding $ 100, 00; or 2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $ 150, 00. b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of:
1) A Federal contract, grant, or cooperative agreement exceeding $ 100, 00; or 2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $ 150, 00, Unless such person previously filed a certification, and a disclosure form, if required, under paragraph ( a) of this section. c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs ( a) or (b) of this section. An event that materially affects the accuracy of the information reported includes:
1) A cumulative increase of $25, 000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or
2) A change in the person( s) or individual( s) influencing or attempting to influence a covered Federal action; or, 3) A change in the officer( s), employee( s), or Member( s) contacted to influence or attempt to influence a covered Federal action. d) Any person who requests or receives from a person referred to in paragraphs ( a) or ( b) of this section:
1) A subcontract exceeding $ 100, 00 at any tier under a Federal contract; 2) A subgrant, contract, or subcontract exceeding $ 100, 00 at any tier under a Federal grant; 3) A contract or subcontract exceeding $ 100, 00 at any tier under a Federal loan exceeding $ 150, 00; or, 4) A contract or subcontract exceeding $ 100, 00 at any tier under a Federal cooperative agreement, Shall file a certification, and a disclosure form, if required, to the next tier above. e) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraphs ( a) or ( b) of this section. That person shall forward all disclosure forms to the agency. f) Any certification or disclosure form filed under paragraph ( e) of this section shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared by any tier to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31, U. S. Code. g) For awards and commitments in process prior to December 23, 1989, but not made before that date, certifications shall be required at award or commitment, covering activities occurring between December 23, 1989, and the date of award or commitment. However, for awards and commitments in process prior to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at time of award or' commitment but shall be filed within 30 days. h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or C.
SAFE OPERATION OF MOTOR VEHICLES
Seat Belt Use
The Contractor is encouraged to adopt and promote on- the- jobseat belt use policies and programs for its employees and other personnel that operate company -owned vehicles, company rented vehicles, or personally operated vehicles. The terms "company -owned" and " company -leased" refer to vehicles owned or leased either by the Contractor or Agency.
Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately -owned vehicle when on official business in connection with the work performed under this Contract.
SCHOOL BUS OPERATIONS
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The contractor agrees to comply with 49 U. S. C. 5323( f), and 49 C. F. R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under:
1. Federal transit laws, specifically 49 U. S. C. § 5323( f);
2. FTA regulations, " School Bus Operations," 49 C. F. R. part 605
3. Any other Federal School Bus regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
If Contractor violates this School Bus Agreement, FTA may:
1. Bar the Contractor from receiving Federal assistance for public transportation; or
2. Require the contractor to take such remedial measures as FTA considers appropriate.
When operating exclusive school bus service under an allowable exemption, the contractor may not use federally funded equipment, vehicles, or facilities.
The Contractor should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services.
SIMPLIFIED ACQUISITION THRESHOLD
Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U. S. C. § 1908, or otherwise set by law, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 C. F. R. §§ 200. 317-27.
The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy America' seligibility and process requirements apply to any procurement in excess of $150, 00. 49 U. S. C. § 5323( j)( 13).
SOLID WASTES ( RECOVERED MATERIALS)
a) A Recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U. S. C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency ( EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $ 10, 000 or the value of the quantity acquired during the preceding fiscal year exceeded $ 10, 000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single -use plastic products. See Executive Order 14057, section 101, Policy.
SPECIAL NOTIFICATION REQUIREMENTS FOR STATES
Applies to States —
a. To the extent required under federal law, the State, as the Recipient, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities:
1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project; 2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized; and
3) The amount of federal assistance FTA has provided for a State Program or Project. b. Documents - The State agrees to provide the information required under this provision in the following documents:
1) applications for federal assistance,
2) requests for proposals or solicitations,
3) forms,
4) notifications,
5) press releases,
6) other publications.
SUBSTANCE ABUSE REQUIREMENTS
The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C. F. R. part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency, or Agency, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C. F. R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with part 655 and to submit the Management Information System ( MIS) reports to the Agency.
TERMINATION
Termination for Convenience (General Provision)
The Agency may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Agency' sbest interest. The Contractorshall be paid its costs, including contract close- out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to Agency to be paid the Contractor. If the Contractor has any property in its possession belonging to Agency, the Contractor will account for the same, and dispose of it in the manner Agency directs. 526
Termination for Default [ Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Agency may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default.
The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Agency, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
Opportunity to Cure (General Provision)
The Agency, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [ an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to Agency' ssatisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ 10 days] after receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Agency from also pursuing all available remedies against Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach
In the event that Agency elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by Agency shall not limit Agency' sremedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.
Termination for Convenience ( Professional or Transit Service Contracts) The Agency, by written notice, may terminate this contract, in whole or in part, when it is in the Agency' sinterest. If this contract is terminated, the Agency shall be liable only for payment under the payment provisions ofthis contract for services rendered before the effective date of termination.
Termination for Default (Supplies and Service)
If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency.
Termination for Default (Transportation Services)
If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Agency goods, the Contractor shall, upon direction of the Agency, protect and preserve the goods until surrendered to the Agency or its agent. The Contractor and Agency shall agree on payment for the preservation and protection of goods.
Failure to agree on an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency.
Termination for Default (Construction)
If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will ensure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provision of this contract, Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default.
In this event, the Agency may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Agency resulting from the Contractor' srefusal or failure to complete the work within specified time, whether or not the Contractor' sright to proceed with the work is terminated. This liability includes any increased costs incurred by the Agency in completing the work.
The Contractor' sright to proceed shall not be terminated nor shall the Contractor be charged with damages under this clause if: 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts ofAgency, acts of another contractor in the performance of a contract with Agency, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The Contractor, within [ 10] days from the beginning of any delay, notifies Agency in writing of the causes of delay. If, in the judgment of Agency, the delay is excusable, the time for completing the work shall be extended. The judgment ofAgency shall be final and conclusive for the parties, but subject to appeal under the Disputes clause( s) of this contract. 3. If, after termination of the Contractor' sright to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience ofAgency.
Termination for Convenience or Default ( Architect and Engineerinc) The Agency may terminate this contract in whole or in part, for the Agency' sconvenience or because of the failure of the Contractor to fulfill the contract obligations. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall ( 1) immediately discontinue all services affected ( unless the notice directs otherwise), and ( 2) deliver to the Agency ' s Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. Agency has a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other information and materials.
If the termination is for the convenience of the Agency, the Agency' s Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Agency may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Agency.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall 527
be the same as if the termination had been issued for the convenience ofAgency Termination for Convenience or Default (Cost -Type Contracts) The Agency may terminate this contract, or any portion of it, by serving a Notice of Termination on the Contractor. The notice shall state whether the termination is for convenience of Agency or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the Contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the Agency, or property supplied to the Contractor by the Agency. If the termination is for default, the Agency may fix the fee, if the contract provides for a fee, to be paid the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Agency and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of Agency, the Contractor shall be paid its contract close- out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
If, after serving a Notice of Termination for Default, the Agency determines that the Contractor has an excusable reason for not performing, the Agency, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
VIOLATION AND BREACH OF CONTRACT
Disputes:
Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the agency. This decision shall be final and conclusive unless within [ 10] days from the date of receipt of its copy, the Contractor -mails or otherwise furnishes a written appeal to the agencies authorized representative. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the agencies authorized representative shall be binding upon the Contractor and the Contractor shall abide be the decision.
Performance during Dispute:
Unless otherwise directed by the agencies authorized representative, contractor shall continue performance under this contract while matters in dispute are being resolved.
Claims for Damages:
Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
Remedies:
Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the agencies authorized representative and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Agency is located.
Rights and Remedies:
Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Agency or contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
OTHER RECOMMENDED CONTRACT REQUIREMENTS
CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
Intelligent Transportation Systems ( ITS) projects shall conform to the National ITS Architecture and standards pursuant to 23 CFR § 940. Conformance with the National ITS Architecture is interpreted to mean the use of the National ITS Architecture to develop a regional ITS architecture in support of integration
and the subsequent adherence of all ITS projects to that regional ITS architecture. Development of the regional ITS architecture should be consistent with the transportation planning process for Statewide and Metropolitan Transportation Planning ( 49 CFR Part 613 and 621).
FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS
1) The contractor certifies that it:
a) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and b) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.
If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third Party Agreement with the Third Party Participant without FTA' swritten approval.
2) Flow -Down. The Recipient agrees to require the contractor to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement.
SEVERABILITY
The Contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidance will continue in effect.
TRAFFICKING IN PERSONS
The contractor agrees that it and its employees that participate in the Recipient' sAward, may not:
528
a) Engage in severe forms of trafficking in persons during the period of time that the Recipient' sAward is in effect; b) Procure a commercial sex act during the period of time that the Recipient' s Award is in effect; or
c) Use forced labor in the performance of the Recipient' s Award or subagreements thereunder.
529
Federal Certifications
CERTIFICATION AND RESTRICTIONS ON LOBBYING
hereby certify
Name and title of official)
On behalf of that:
Name of Bidder/ Company Name)
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers including sub -contracts, sub -grants and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U. S. C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10, 000 and not more than $ 100, 00 for each such failure.,
Name of Bidder/ Company Name:
Type or print name:
Signature of authorized representative: Date / /
530
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION
NONPROCUREMENT)
Recipients, contractors, and subcontractors that enter into covered transactions are required to verify that the entity ( as well as its principals and affiliates) with which they propose to contract or subcontract is not excluded or disqualified. This is done by: (a) checking the SAM exclusions; (b) collecting a certification from that person (found below); or ( c) adding a clause or condition to the contract or subcontract.
Instructions for Certification: Signing below indicates the prospective lower tier participant is providing the signed certification. 1) It will comply and facilitate compliance with U. S. DOT regulations, " Nonprocurement Suspension and Debarment," 2 CFR part 1200, which adopts and supplements the U. S. Office of Management and Budget ( U. S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension Nonprocurement)," 2 CFR part 180,
2) To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:
a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:
1. Debarred,
2. Suspension,
3. Proposed for debarment,
4. Declared ineligible,
5. Voluntarily excluded, or
6. Disqualified
b. Its management has not within a three- year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for:
1. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public ( Federal, State, or local) transaction, or contract under a public transaction,
2. Violation of any Federal or State antitrust statute, or,
3. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property,
c. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity ( Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 2. bof this Certification, d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three- year period preceding this Certification,
e. If, at a later time, it receives any information that contradicts the statements of subsections 2. a — 2. d above, it will promptly provide that information to FTA,
f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:
1. Equals or exceeds $25, 000,
2. Is for audit services, or,
3. Requires the consent of a Federal official, and
g. It will require that each covered lower tier contractor and subcontractor:
1. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and
2. Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be:
a. Debarred from participation in its federally funded Project, b. Suspended from participation in its federally funded Project, c. Proposed for debarment from participation in its federally funded Project, d. Declared ineligible to participate in its federally funded Project, e. Voluntarily excluded from participation in its federally funded Project, or f. Disqualified from participation in its federally funded Project, and 3) It will provide a written explanation as indicated on a page attached in FTA' sTrAMS plafform or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its Third -Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group.
Certification
Contractor:
Signature of Authorized Official: Date / /
Name and Title of Contractor' sAuthorized Official:
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EXHIBIT D
SOFTWARE SPECIFICATIONS
11 532
O0O GRACI
Q4 2026 Delivery Overview
What to expect from GRACI development • Municipal microtransit RELEASE 1. 0
Se' 11 I) ( ?026
By the end of December 2026, GRACI will be live for city -contracted, zone -based on -demand service: a full Operator Suite for the provider, a driver app, a rider app, and NTD reports that can be pulled directly from the trip ledger. Scope is fixed for the quarter, with general availability targeted for the end of December.
BY THE END OF Q4 2026
RIDER & DRIVER APPS
Released to residents and
drivers
NTD REPORTS
Pullable directly from the
trip ledger
What ships in Release 1. 0
Operator Suite ( web)
Trip intake: on -demand, scheduled, recurring, multi -leg, return will -call; live fare or contract quote
Dispatch: timeline board, real- time insertion into live routes, manual & automaticassignment, at -risk alerts, status management Live map: fleet status, wait -time and on -time indicators, asset telematics, proximity & time -scrub search
Trips repository with bulk actions & export; rider directory with accessibility needs and notification preferences
Fleet: vehicles, service -zone assignment, pre/ost- trip inspections, maintenance telemetry & fault alerts
Team: staff directory, driver & attendant profiles, recurring shift scheduling Fares & billing: general/ discount fares, 10 -ride & 31 -day passes, transfers, free rides; contract rate schedules; invoices, payouts & collections Safety dashboard & incident log; document vault; training library; org settings; roles Si permissions; feedback
Rider app (V1)
Book on demand or ahead, modify/ cancel, live vehicle tracking & ETA, driver/ vehicle identity, fare & pass selection, receipts, notifications Driver app ( V1)
Manifest & navigation, arrive/ board/ drop events, fare & pass validation, bicycle/ wheelchair boarding capture, incident capture with media, pay stubs Platform -
Telematics, mapping, payments, payroll, SMS + push and partner -trip -request integrations
Encryption in transit & at rest, privacy & SOC 2 control monitoring, cloud auto - scale, graceful error handling, live support tooling
PLATFORM
Integrations, privacy & SOC
2 controls in monitoring
NTD reports pullable at GA
Service hours & miles.
Total vehicle hours
Revenue vehicle hours ( NTD definition)
Total vehicle service miles
Revenue vehicle miles ( NTD definition)
Ridership
DAR daily passenger total
Fare categories
General & discount fare
General & discount 10 -ride pass
General & discount 31 -day pass
Transfer • Free
Equipment
Bicycles • Wheelchairs
What the city can expect
Residents book in -app or by phone and
see a live ETA
Trips are inserted into live routes with
shared - ride matching
Driver and vehicle status visible per trip,
not self -reported
Invoices tie to trip and telemetry records
NTD figures come from an auditable trip
ledger
Operational KPIs alongside: wait time,
on -time %, passengers per revenue hour,
cost per trip
Tentative • scope is fixed for Q4 2026 • Prepared September 8, 2026 1 533
hat' s in store 000 W
Operations, compliance & the driver experience
BEYOND RELEASE 1. 0 • 1 OF 3
Everything below builds on the Release 1. 0 Operator Suite. Items are grouped by theme, not by order of delivery; timing will be set with the city as each capability approaches readiness.
Dispatch, routing & modes
Microtransit at scale: mufti -zone service, cross - zone transfers, demand forecasting for vehicle positioning
First/ last- milefeeder with timed connections to fixed - route stops and rail
Fixed & deviated fixed -route timetables on the same core Standing orders & subscription rides for recurring
community trips
ADA paratransit complement: pickup -window negotiation, maximum ride -time, regulated no- show and late -cancel policy
Expanded map views: vehicle overview and trip -
assignment detail
Fleet, safety & workforce
Predictive maintenance alerts and real- time diagnostics from telematics
Out -of -service status blocks dispatch; fault codes
automatically create work orders
Dashcam- based driver behavior analytics: camera events, coaching queues, event review workflow
Training LMS: assign courses, track completion, past -due escalation, compliance warnings at dispatch
Background - check integration; certification monitoring and renewal reminders
Incident & claims management: investigation workflow,
ledger evidence pull, insurer packet export
EV state -of -charge, charging sessions and depot energy Compliance rules engine & trip ledger
Rules as code: city- or agency - defined requirements bound to driver, vehicle, rider and trip, evaluated at booking, assignment, pre -trip and on every credential change
o
Outcomes of allow, warn, restrict, block or escalate, with versioned rules and every evaluation recorded
Compliance -gated assignment: an ineligible driver or
vehicle is never a candidate
Credentialing: expiry forecasting, renewal tasks, document vault
Append -only trip ledger with compliance snapshots at
each transition, so ' prove every trip' is a query
Policy simulation: see what breaks before a rule change goes live
Driver app 2. 0
Pre/ post- tripinspections with defect capture
o
Hours - of -service and shift timers
E -signature and attendant verification
Offline event queue for low -coverage areas
Two- way messaging with dispatch
Billing, contracts & analytics
o
Contract invoicing validated against telemetry; fare
reconciliation; funding -source allocation
Contracts & performance: rate tables, SLAs/ KPIs,
incentives and penalties
Fleet utilization; cost and productivity by zone, route and time of day
Customizable dashboard widgets
Communications hub: templated notifications, mass
service alerts, delivery logs
Capabilities in development • sequencing and timing to be confirmed • no dates implied 2 534
What' sin store
City & transit agency oversight • data & reporting
BEYOND RELEASE 1.0 • 2 OF 3
The oversight side of the platform: the same trip, compliance and telemetry ledger the operator runs on, viewed from the city' s side of the contract.
City & Transit Agency Suite
Provider network management
Operator onboarding, contract repository, insurance and certificate verification, rate cards, accessible - vehicle inventory, service -area coverage
Compliance oversight
Live status of every contracted driver and vehicle, not self - reported; exceptions feed; corrective - action tracking City -authored rules pushed to operators through the rules engine, with version control
Program, zones & eligibility
ADA eligibility certification and conditional eligibility Service zones, fare and no- show policy, reduced - fare programs
Trip authorization & distribution
Authorize trips and distribute across providers by rules: cost, proximity, accessibility, performance
Standing - order approvals and partner -initiated requests Performance & SLA monitoring
On -time %, wait time, missed trips, no- shows, complaints, cost per trip / mile / hour by provider, zone and program Automated SLA scoring; incentive and penalty computation from ledger data
Financial oversight
Invoice validation against telemetry and ledger: was the trip real, on time, compliant?
Funding -source allocation, grant and program cost tracking, qualifying - expense evidence
Safety & incident oversight
Incident feed across providers, investigation status, evidence access, trend analytics
Regulatory reporting module
NTD form -ready datasets that extend the Release 1. 0 reports:
passenger miles, vehicles in maximum service, revenue - vehicle inventory, safety & security events, operating
expense, asset -management targets
Title VI service and fare equity analyses from trip geography and demographics
ADA performance: eligibility, denials, on -time, excessive ride - time, no- show adjudication
Safety management hazard log; asset condition and useful - life benchmarks
Audit packets with ledger evidence behind every figure; Triennial Review readiness
Annual NTD extract generated directly from the trip ledger Staff -run council, board and grant reports; cross -provider benchmarking; equity and coverage maps with small - cell suppression
Privacy & compliance safeguards
Rider identity stays with the operator; the city sees
compliance status and aggregates only
Consent & preference center: text/ SMS, location sharing and caregiver linking, all revocable by the rider
Access audit log of who viewed which rider record, when and why; break -glass access with review
Purpose - based field masking: the driver sees only what the trip requires
Data -retention and purge automation per program, with legal hold
De -identified export mode with redaction tooling for anything shared with the city or produced for a records request
Rider data requests: access, correction and deletion under state privacy law
Driver privacy notice and consent for telematics and any future camera use
Background -check adverse - action workflow under federal consumer - reporting rules
Breach - notification and incident -response workflow
Payment tokenization so card data never touches the
platform
Capabilities in development • sequencing and timing to be confirmed • no dates implied 3 535
What' sin store
BEYOND RELEASE 1. 0 • 3 OF 3
Reaching every resident, connecting to the agency' sexisting systems, and turning a proven deployment into a repeatable product for other
cities and operators.
Rider & community experience
Rider app
In -app pass purchase and wallet; reduced -fare and ADAcertified rider status Ratings,, issue reporting, saved places, post -ride surveys - In -app messaging with dispatch
Beyond the app
Embedded web booking on the city website with cancel
and modify
Phone/ IVR booking and status, SMS- only flows and a call - center console, so no smartphone is required
Caregiver portal: consented links to one or many riders, book on their behalf, live location, two- way messaging Partner & facility portal for senior centers and employers:
schedule rides, batch bookings, status boards; clinical partners only under a signed business associate
agreement
Accessibility & trust
Accessibility conformance, large -type modes, adjustable contrast and text size, multilingual interface.
What the rider sees ( driver, vehicle, ETA) is the same ledger the city audits
Service - model expansion
ADA paratransit as a complement to microtransit
School transportation pack: bell -time routing, student - privacy scoping, aide and equipment requirements
III Integrations & open platform
Open transit schedule data export for fixed and flexible service
Real- time passengerinformation and vehicle location
feeds; trip -planner and third -party app feeds
Agency fare system and fare -capping integration
Single sign -on for city and agency staff
Accounting, grant and e -signature exports
Additional partner trip -request feeds
Vendor - agnostic telematics ingestion
Public API and webhooks for trips, riders, vehicles, drivers, compliance status and events
Platform, security & scale
SOC 2 Type I and Type II reports;. recurring penetration testing
Privacy attestation and data -retention policies per
program .
Service - level objectives for dispatch and notifications; observability and incident response
Tenant onboarding: importers for riders, credentials,
vehicles and history with validation before go -live
Configuration packs ( rules, programs, zones, integrations) and cutover tooling
Multi -tenant replication of isolated workspaces; self -serve operator sign- up
Availability to other cities, transit agencies and operators, proven in live municipal service first
Capabilities in development • sequencing and timing to be confirmed • no dates implied 4 536
GRACI
Governance, Risk, Accountability, Compliance & Intelligence Global Routing and Communications Infrastructure
Governance without infrastructure is paperwork;
infrastructure without governance is just dispatch.
L ow: sync,`; t
rvf yfirYlii:.
THLN
Operator Suite, driver app and rider app
in production for live municipal on
demand service
City -oversight and community -facing
suites, plus the regulatory reporting
module
Available to other cities, transit
agencies and operators, proven in real
service first
q; 2076 Delivery Overview • vliini< Microtransit • Prepared September 8. 2026 Tentative • re- baselined quarterly
537
Attachment C - Lathrop Transit Budget: Fiscal Years 2025-027 Revenues FY 25-6 FY 26-7 Notes
FTA Section 5307 500, 00 981, 355 FFY 25 and FFY 26 funds FTA Section 5339 100, 00 100, 00 FFY 25 and FFY 26 funds LTF 651, 39 727, 403 Use 50% transit set -a -side
LCTOP 192 Potential in FY 26-7
SGR 60, 842 Potential in FY 26-7
SB 125 100, 00
Need to request funds in Phase
2 STA 99313 Need to change policy
STA 99314 Available in FY 27-8
Fares 30, 000 Lathrop Transit is Fare Free
Misc. Revenues 25, 000
No advertising bus shelters at
this time
Measure K 1, 500, 000 100, 00 Request to SJCOG
Measure C 100, 00 100, 00
Transportation Reserves
411, 000 in transit set -
aside)
SJVAPCD Grants Need to apply
Grand Total 2, 906, 319 2, 169, 792
Operating Expenses FY 25-6 FY 26-7 Notes
Personnel Services 291, 89 304, 950
10% City Manager' s
Office Cost
Allocation, 10% Public Works
Administration Division
Allocation, 5%
Finance/ Accounting Oversight
Allocation
Contractual Services 1, 277, 000 1, 625, 404
Unified Transit, Transit
Consultant, Bus Shelter
Maintenance, park and ride lot
maintenance ( Save Mart and
Community Center)
Supplies and Materials 52,00 113, 813
Advertising, Operational
Expenses, Membership,
Telephone, Fuel
Fixed Chargers 25, 000 25, 625 City Overhead
Grand Total 1, 646, 319 2, 069, 792
Red = Revised
Year Transit Set Aside Balance
Amount
Claimed
LTF 21-2 285, 91 84, 374 201, 577
LTF 22-3 873, 420 402, 901 470, 519
LTF 23-4 1, 018, 735 1, 617, 867
LTF 24-5 1,83, 354 1,83, 354
LTF 25-6 1, 254, 435 1, 254, 435
LTF 26-7 1, 296, 839 1, 296, 839
Total Available 4, 615, 895 2, 437, 789
Balance of LTF - F 1, 786, 470
Balance of LTF - F 1, 059,67
City Overhead Breakout
CityManager 1, 007, 299. 00 10% 100, 729. 90
Deputy City
Manager,
Project
Manager
Public Works .
Administration 1, 241,22. 00 10% 124,22. 20
Assistant City
Manager,
Associate
Engineer
Finance 1, 339,30. 0 5% 66, 966. 50
Finance
Analyst
Grand Total 291, 88. 60
538
Attachment C - Lathrop Transit Budget: Fiscal Years 2025-027 Red = Revised Capital Expenses FY 25-6 FY 26-7 Notes
Complete Transit
Study 25, 000
Consultant to finalize RTD' s
work and incorporate into SRTP
to meet SJCOG requirements
Bus Parking Area 350, 00
Establish a secure area for bus
parking
Purchase Vehicles 660, 00 See below
Replacement Bus
Shelters 125, 000
For RTD Hopper stops on Louise
Rd @ Harlan Rd ( EB), Louise Rd
@ Lof Wy ( EB), Lathrop Rd @
Harlan Rd ( WB), Harlan Rd @
Lathrop Rd ( SB), Harlan Rd @
Lathrop Rd ( NB)
Miscellaneous Transit
Capital 100, 00 100, 00
Minor capital needs using FTA
5339 @ 80%, other funds
@20%
Grand Total 1, 260, 000 100, 00
Total of Operations &
Capital 2, 906, 319 2, 169, 792
Vehicle Capital Costs
Item Qty Cost Total Cost
CAL ACT Class D
Chevy Voyager
Minivan 3 90, 000 270, 00
CAL ACT Class D RAM
Promaster 2 180, 00 360, 00
Vehicle Branding 5 6, 000 30, 000
Total 660, 00
539
PAGE LEFT
INTENTIONALLY
BLANK
540
ITEM 4. 9
CITY MANAGER' S REPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AN EASEMENT DEED TO PACIFIC GAS AND
ELECTRIC COMPANY FOR UNDERGROUND ELECTRIC
DISTRIBUTION FACILITIES ON CITY PROPERTY AT
18300 HOWLAND ROAD ( APN 198-30- 11)
RECOMMENDATION: Adopt a Resolution to Approve an Easement Deed to Pacific Gas and Electric Company for Underground
Electric Distribution Facilities on City Property at
18300 Howland Road ( APN 198-30- 11) and
Authorize the City Manager to Execute the Easement
Deed
SUMMARY:
Pacific Gas and Electric Company (" PG& E") has requested an underground electric distribution easement across City -owned property at 18300 Howland Road, Assessor' s Parcel Number 198-30- 11, known as the Crossroads Booster Station Parcel, in /order to extend PG& E' s Vierra 1704 distribution feeder. A Vicinity Map is included as Attachment " B" and the draft Easement Deed, LD# 2201= 06- 11510, is included as Attachment " C".
The parcel contains the City' s
water storage tank and booster pump station, and the
Easement Deed includes provisions protecting those facilities. PG& E has agreed to reimburse the City for relocating a portion of the perimeter fence so that the easement area falls outside the secured water facility, and to pay for the City surveyor' sreview of the plat and legal description.
Staff recommends Council approve the Easement Deed to PG& Ein substantially the form included as Attachment " C".
BACKGROUND:
The City acquired the Crossroads Booster Station Parcel from Crossroads Ventures in 1994. The parcel is developed with the City' s
water storage tank, booster pump
station, and associated water system infrastructure, and is enclosed by a perimeter fence.
PG& E is extending the Vierra 1704 distribution feeder and requires an easement to install, maintain, and replace underground conduit, conductors, junction boxes, and associated equipment for the distribution of electric energy and for communication purposes. The easement area is a narrow strip across the parcel, as described and depicted in the Easement Deed.
541
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
APPROVE AN EASEMENT DEED TO PACIFIC GAS AND ELECTRIC COMPANY FOR UNDERGROUND• ELECTRIC DISTRIBUTION FACILITIES ON CITY PROPERTY AT 18300 HOWLAND ROAD ( APN 198-30- 11)
Unlike the 115, 000 volt transmission facilities the City Council considered in October 2021, these are distribution facilities and will be placed underground consistent with Lathrop Municipal Code Section 16. 28. 00 (Underground Utilities).
Because the parcel supports an active potable water facility, the Easement Deed restricts excavation, construction, and maintenance in the vicinity of the City' s water infrastructure without the prior written approval of the Public Works Director, City Engineer, or designee. It also requires PG& E to indemnify the City, restore any excavation within the easement area, and remove or seal its facilities at its own expense should it abandon them.
The existing perimeter fence encloses a portion of the easement area., Relocating the fence places the easement area outside the secured water facility, allowing PG& Eto construct and maintain its facilities without entering the water tank site and becoming subject to the City' s more stringent access and security requirements for potable water facilities. PG& E has agreed to reimburse the City for the cost of the relocation.
REASON FOR RECOMMENDATION:
The easement allows PG& E, a public utility regulated by the California Public Utilities Commission, to extend the Vierra 1704 distribution feeder and provide electric service in the surrounding area. PG& E' sfacilities will be located underground.
The provisions of the Easement Deed and the relocation of the perimeter fence preserve the security and continued operation of the City' s water system, and PG& E
is bearing the cost of the fence relocation and the survey review, so the City incurs no net cost. Granting the easement supports the delivery of electric service to the community while protecting the City' s
water system, and is in the public interest.
FISCAL IMPACT:
There is no fiscal impact for this project as PG& Ehas agreed to fund or reimburse any time or material needed to implement the recordation of the easement and the fence relocation.
ATTACHMENTS:
A. Resolution to Approve an Easement Deed to Pacific Gas and Electric Company for Underground Electric Distribution Facilities on City Property at 18300 Howland Road ( APN 198-30- 11) and Authorize the City Manager to Execute the Easement Deed
B. Vicinity Map and Proposed Fence Relocation
C. Easement Deed LD# 2201- 06- 11510, including Exhibit " A" (Legal Description) and Exhibit " B" (Plat)
542
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
APPROVE AN EASEMENT DEED TO PACIFIC GAS AND ELECTRIC COMPANY
FOR UNDERGROUND ELECTRIC DISTRIBUTION FACILITIES ON CITY PROPERTY AT 18300 HOWLAND ROAD ( APN 198-30- 11)
APPROVALS:
Bellal Nabizadah Date
Assistant Engineer
er• g ZbV0
Brad Taylor Date
Public Works Director / City Engineer
Cari Jam
Finance tor
1 e1
Date
A/ 2v? 9
Thomas Hedegard Date
Deputy City Manager
R • 8 • zozla
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
1. 2110
Stephen J. Salvatore Date
City Manager
543
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE AN EASEMENT DEED TO PACIFIC GAS AND ELECTRIC COMPANY
FOR UNDERGROUND ELECTRIC DISTRIBUTION FACILITIES ON CITY PROPERTY AT 18300 HOWLAND ROAD ( APN 198-30- 11) AND AUTHORIZE
THE CITY MANAGER TO EXECUTE THE EASEMENT DEED
WHEREAS, the City of Lathrop (" City") owns that certain real property located at 18300 Howland Road, Assessor' s Parcel Number 198-30- 11, known as the Crossroads Booster Station Parcel, which is developed with the City' swater storage tank, booster pump station, and associated water system infrastructure; and WHEREAS, Pacific Gas and Electric Company (" PG& E") has requested an easement across the parcel in order to install, maintain, and replace underground conduit, conductors, junction boxes, and associated equipment for the distribution of electric energy and for communication purposes in connection with the extension of the Vierra 1704 distribution feeder, as described in the draft Easement Deed, LD# 2201- 06- 11510, included as Attachment " C" to the City Manager' sReport; and WHEREAS, PG& E' s facilities within the easement area will be located underground, consistent with Lathrop Municipal Code Section 16. 28. 00 Underground Utilities); and
WHEREAS, because the parcel supports an active potable water facility, the Easement Deed restricts excavation, construction, and maintenance in the vicinity of the City' swater infrastructure without the prior written approval of the Public Works Director, City Engineer, or designee, and requires PG& Eto indemnify the City, restore any excavation within the easement area, and remove or seal its facilities at its own expense should it abandon them; and
WHEREAS, the existing perimeter fence encloses a portion of the easement area, and relocating the fence will place the easement area outside the secured water facility so that PG& E may construct and maintain its facilities without entering the water tank site, and PG& E has agreed to reimburse the City for the cost of the relocation; and
WHEREAS, City Council has considered the City Manager' s Report dated September 14, 2026 and the attachments thereto, and finds that granting the easement supports the delivery of electric service to the community while preserving the security and continued operation of the City' s
water system, and is in the public
interest.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Easement Deed to Pacific Gas and Electric Company, LD# 2201- 06- 11510, over that certain City property located at 18300 Howland Road, Assessor' s Parcel Number 198-30- 11, in substantially the form attached as Attachment " C" to the City Manager' sReport dated September 14, 2026, 544
and authorizes the City Manager to execute the Easement Deed together with such non -substantive changes as may be approved by the City Attorney, and to execute such other documents and take such other actions as may be necessary to complete and record the grant of easement; and
BE IT FURTHER RESOLVED, that the Easement Deed shall not be executed or recorded until the City has confirmed receipt of the funds from Pacific Gas and Electric Company necessary to complete the relocation of the perimeter fence at the water tank site.
545
The foregoing resolution was passed and adopted this 14th day of September 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 546
ATTACHMENT " B"
VICINITY MAP
547
FENCE RELOCATION
APPROXIMATE LOCATION
a
14 ilk it AM
Old fence to be
removed
New fence location
Ale Ns\
548
Attachment
Distribution Electric and Gas Easement Version 1. (Rev. 09/ 25) RECORDING REQUESTED. BYAND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland; CA 94612
Attn:: Land Rights Library
Location: City/ Uninc . .
Recording Fee $
Document Transfer Tax $
This is a conveyance wherethe consideration and
Value is less than $ 100. 00 (R&T 11911)..
Computed on Full ofProperty: Conveyed, or
Computed onFull Value Less Liens
Encumbrances Remaining at Time of Sale
Exempt from the fee per GC 27388. 1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
SPACE ABOVE FOR RECORDER' SUSE ONLY)
LD# 2201- 06- 11510
35193782) 02 26 1
Vierra 1704 Feeder
EASEMENT DEED
CITY OF LATHROP, a public body ofthe State ofCalifornia, Grantor"), hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (" Grantee"), the right from time to time to excavate for, construct, reconstruct, install, replace ( of initial or any other size), remove, maintain, inspect and use facilities of the type hereinafter specified, together with a right of way therefor, within the easement area set forth below, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of Lathrop, County of San Joaquin, State ofCalifornia, described as follows:
APN 198=30- 11)
The parcel of land described in the deed from Crossroads Ventures to The City of Lathrop by deed dated March 14, 1994 and recorded as Instrument No. 94043754, San Joaquin County Records.
The facilities and easement area are described as follows:
Underground duct banks, conduits, manholes, electrical conductors, wires, cables, junction boxes, enclosures, appurtenances, and associated equipment, as Grantee deems necessary, for the distribution of electric energy and for communication purposes, all to be located within the strip of land described as follows:
The strip of land designated Easernent Area described in EXHIBIT " A" and: shown upon EXHIBIT "B" attached heretoand made a part hereof
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall 549
Distribution Electric and Gas Easement Version 1. (Rev. 09/ 25) have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.
Notwithstanding any other provision hereof, Grantee shall not perform any excavation, construction, reconstruction, or maintenance within fifteen ( 15) feet of Grantor' swater storage tank, booster pump station, or associated water system infrastructure located on the subject parcel without the prior written approval of Grantor' sPublic Works Director, City Engineer, or designee.
Grantee shall indemnify Grantor against any loss and damage which shall be caused by any negligent act or omission of Grantee or of its agents or employees in the course of their employment, provided, however, that this indemnity shall not extend to that portion of such loss or damage that shall have been caused by Grantor' s
comparative negligence or willful misconduct.
Grantee shall promptly backfill any excavation made by it within said easement area and restore said area excavated to as near as practicable to the condition that existed prior to such excavation.
Grantee shall not abandon any facilities within the easement area without providing Grantor with no less than ninety (90) days' prior written notice. Upon abandonment, Grantee shall, -either remove all abandoned facilities and restore the easement area, or cap and seal all abandoned facilities, at Grantee' ssole expense.
Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.
The provisions hereof shall inure to the benefit of and bind the successors and assigns ofthe respective parties hereto, and all covenants shall apply to and run with the land.
Dated:
550
CITY OF LATHROP, a public body of the
State of California
By:
Name:
Title:
I hereby certify that a resolution was adopted
on the day of , 20 , by the
authorizing the foregoing grant of easement.
By
By:
Name:
Title:
551
LD# 2201- 06- 11510
35193782) 0226 1
Vierra 1704 Feeder
EXHIBIT " A"
APN: 198-30- 11)
Lands Description:
The parcel of land described in the deed from Crossroads Ventures to The City of Lathrop by deed dated March 14, 1994 and recorded as Instrument No. 94043754, San Joaquin County Records.
Easement Area: -
A strip of land of the uniform width of 10 feet extending from the northwesterly boundary line of said lands southeasterly to the southeasterly boundary line of said lands, and lying 5 feet on each side of the. line described as follows:
Commencing at the most northerly comer of said lands as shown upon the map filed for record July 28, 2004 in Book 23 ofParcel Maps at page 47, San Joaquin County Records and running southwesterly along said northwesterly boundary line aY south 20°6' 15" west 123. 79 feet
to the TRUE POINT OF BEGINNING, thence leaving said northwesterly boundary line 1) south 60° 20'6" east 146. 77 feet, more or less,
to a point in the southeasterly boundary line of said lands.
As shown on EXHIBIT " B" attached hereto and made a part hereof.
Containing 1, 468 square feet of land, more or less.
The basis of bearings used is based on the northwesterly boundary line of said lands which according to Parcel Map filed for record July 28, 2004 in Book 23 of Parcel Maps at page 47, San Joaquin County Records, has a bearing of North 20°6' 15" East and a distance of 134. 99 feet.
Prepared By:
Pacific Gas & Electric Company
552
TOWNSHIP 01 SOUTH, RANGE 06 EAST,
SW 1/ 4 OF SE 1/ 4, SECTION 35, M. D.
LEGEND
P. O. C.
T. P. O. B.
O
R1)
SUBJECT PARCEL LINES
EXISTING EASEMENT LINES
10' WIDE ELECTRIC DISTRIBUTION
EASEMENT AREA= 1, 468 SQ. FT. +/-
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
DIMENSION POINT
BOOK 23 PARCEL MAPS PAGE 47
PARCEL 7
23 PM 47
04 CO Cr
ti
Cr O
CO r•i
11) ti
0) =y
c,
rO 0
O
T. P. O
oJ
P. O. C.
BASIS OF BEARINGS
THE LINES AND COURSES SHOWN HEREON ARE
BASED ON THE PARCEL MAP FILED FOR RECORD
JULY 28, 2004 IN BOOK 23 OF PARCEL MAPS AT
PAGE 47, SAN JOAQUIN COUNTY RECORDS
NOTES
S. J.C. R. SAN JOAQUIN COUNTY RECORDS
PW FUND B, LP
APN: 198=30= 57
CITY OF LATHROP
BOOSTER STATION PARCEL - 23 PM 47
DOC NO. 94043754 S. J.C. R.
B, APN: 198-30- 11
116
UNLESS OTHERWISE SHOWN ALL COURSES
EXTEND TO OR ALONG ALL BOUNDARY LINES
LD 2201- 06- 11510
BY JK2C
DR AAHE
CH CXOQ
O. K. T2M7
DATE 02/6/ 2026
EXHIBIT " B"
CITY OF LATHROP
VIERRA 1704
ELECTRIC DISTRIBUTION FEEDER EASEMENT
18300 HOWLAND ROAD, LATHROP, CALIFORNIA
PACIFIC GAS AND ELECTRIC COMPANY
Oakland, California
LAND
ENGINEERING
PROJ. NO.
AREA
COUNTY
SCALE
351937E2
5, NORTH VALLEY
SAN JOAQUIN
1. INCH a 50 FEET
SHEET NO. 1 OF 1
DRAWING NUMBER
SL -1989
CHANGE
0 553
PAGE LEFT
INTENTIONALLY
BLANK
554
ITEM 4. 10
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: - APPROVE TASK ORDER NO. 1 UNDER A MASTER
AGREEMENT WITH MBK ENGINEERS TO PROVIDE
PERMITTING AND PROJECT SUPPORT FOR CIP SD 26-
26 CROSSROADS STORM DRAIN PUMP STATION
OUTFALL PIPE REPAIRS AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve Task Order No. 1 under a Master Agreement with MBK Engineers to Provide
Permitting and Project Support for CIP SD 26-6
Crossroads Storm Drain Pump Station Outfall Pipe
Repairs and Approve Budget Amendment
SUMMARY:
The Crossroads Storm Drain Pump Station pipelines and outfall structure were constructed in 1993 to convey stormwater runoff from the Crossroads commercial and industrial park to the San Joaquin River.
Pursuant to the City' s lease agreement with the State Lands Commission ( SLC) for the Crossroads Storm Drain Pump Station outfall, the City is required to periodically assess the condition of the outfall pipelines and headwall structure. V&A Consulting Engineers ( V&A) completed the required condition assessment and identified repairs needed for the 48 -inch - diameter storm drain pipeline at the outfall structure.
On June 8, 2026, the City Council approved the establishment of CIP SD 26-6, Crossroads Storm Drain Pump Station Outfall Pipe Repairs; approved an agreement with V&Afor engineering design services in the amount of $ 39, 792; and approved an associated budget amendment.
The proposed repair work involves a pipeline crossing of the State Plan of Flood Control levee system. The existing facility is subject to Central Valley Flood Protection Board CVFPB) Encroachment Permit No. 15845 GM and is located within Reclamation District No. 17 along the San Joaquin River and Tributaries Flood Control Project levee.
Staff recommends approval of Task Order No. 1 with MBK Engineers in an amount not to exceed $ 10, 000 to provide permitting coordination and project support services necessary to maintain compliance with applicable CVFPB encroachment permit requirements during design and implementation of the repair project. Staff also recommends approval of a $ 10, 000 budget amendment to fund the Task Order. 555
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 1 UNDER A MASTER AGREEMENT WITH MBK
ENGINEERS TO PROVIDE PERMITTING AND PROJECT SUPPORT FOR CIP SD 26-6 CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIRS
AND APPROVE BUDGET AMENDMENT
BACKGROUND:
On June 23, 2022, the City of Lathrop entered into a General Lease Agreement with the SLC for the existing Crossroads Storm Drain Pump Station outfall and the Consolidated Treatment Facility discharge to the San Joaquin River.
Under the lease agreement, the City is required to conduct a comprehensive condition assessment of the 12 -inch- and 48 -inch -diameter pipelines and the headwall structure within six months of the lease commencement date and at least once every five years thereafter.
On March 10, 2025, the City Council approved an agreement with V&Ato perform a condition assessment of the Crossroads Storm . Drain Pump Station outfall and pipelines in accordance with the SLC lease requirements.
V&A subsequently completed the assessment and prepared a report identifying recommended repairs to the 48 -inch -diameter storm drain pipeline located at the outfall structure. At staff' request, V&A submitted a proposal to provide engineering design services, including preparation of plans, specifications, and bid documents for the recommended repair work. On June 8, 2026, the City Council approved the creation of CIP SD 26-6 and an agreement with V&A in the amount of $ 39, 792 for those engineering design services.
The 48 -inch storm drain pipeline crosses a CVFPB- administered State Plan of Flood Control levee within Reclamation District No. 17. The existing encroachment is authorized under CVFPB Encroachment Permit No. 15845 GM. Because the proposed repair work may affect the existing permitted encroachment, the City requires specialized permitting coordination and project support to ensure that project design and construction activities remain consistent with CVFPB requirements.
MBK Engineers has been selected to provide permitting and project support services for the project. Under Task Order No. 1, MBK Engineers will assist the City with coordination related to CVFPB permit requirements, review of the proposed repair approach for consistency with encroachment requirements, and other project support necessary to facilitate compliance during project delivery.
REASON FOR RECOMMENDATION:
The Crossroads Storm Drain Pump Station outfall is an essential component of the City' sstorm drainage system and conveys stormwater runoff from the Crossroads commercial and industrial park to the San Joaquin River. The condition assessment performed by V&A identified repairs needed to the 48 -inch -diameter storm drain pipeline at the outfall structure.
556
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 1 UNDER A MASTER AGREEMENT WITH MBK
ENGINEERS TO PROVIDE PERMITTING AND PROJECT SUPPORT FOR CIP SD 26-6 CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIRS
AND APPROVE BUDGET AMENDMENT
The proposed repair work will occur at an existing encroachment crossing a State Plan of Flood Control levee administered by the CVFPB. MBK Engineers' specialized permitting and project support services are necessary to assist the City with coordination and compliance associated with CVFPB Encroachment Permit No. 15845 GM and applicable requirements for work affecting the levee system.
Approval of Task Order No. 1 will allow MBK Engineers to provide the required permitting coordination and project support services during the design and implementation of CIP SD 26-6. Approval of the associated budget amendment will provide the funding necessary to complete the Task Order.
Therefore, staff recommends that the City Council approve Task Order No. 1 under a Master Agreement with MBK Engineers in an amount not to exceed $ 10, 000 and approve the associated budget amendment.
FISCAL IMPACT:
The cost of Task Order No. 1 with MBK Engineers for permitting and project support services is not to exceed $ 10, 000.
Sufficient funds are not currently available in the Crossroads Storm Drain Fund for this additional project cost. Therefore, staff requests approval of a budget amendment transferring $ 10, 000 from the General Fund ( Fund 1010) to CIP SD 26-6, Crossroads Storm Drain Pump Station Outfall Pipe Repairs, as shown below:
Increase Transfer Out
1010- 9900-90- 9010 $ 10, 000
Increase Transfer In
3910- 9900- 393- 0000
Increase Appropriation
3910- 8000- 420- 840
SD 26-6 $ 10, 000
SD 26-6 $ 10, 000
557
CITY MANAGER' SREPORT PAGE 4
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 1 UNDER A MASTER AGREEMENT WITH MBK
ENGINEERS TO PROVIDE PERMITTING AND PROJECT SUPPORT FOR CIP SD 26-6 CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIRS
AND APPROVE BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution to Approve Task Order No. 1 under a Master Agreement with MBK Engineers to Provide Permitting and Project Support for CIP SD 26-6 Crossroads Storm Drain Pump Station Outfall Pipe Repairs and Approve Budget Amendment
B. • Task Order No. 1 under a Master Agreement with MBK Engineers to Provide Permitting and Project Support for CIP SD 26-6 Crossroads Storm Drain Pump Station Outfall Pipe Repairs
558
Greg G' son
Senio Civil Engineer
CITY MANAGER' SREPORT PAGE 5
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 1 UNDER A MASTER AGREEMENT WITH MBK
ENGINEERS TO PROVIDE PERMITTING AND PROJECT SUPPORT FOR CIP SD 26-6 CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIRS
AND APPROVE BUDGET AMENDMENT
APPROVALS:
Date
Bra Taylor Date
Public Works Director / City Engineer
rod
Cari James Date
Finance Director
1/// gott.
evii744
9/ i/Za24
Thomas Hedegard Date
Deputy City Manager
Michael King Date
Assistant City Manager
9. 2• ZoZ
Salvador Navarrete Date
City Attorney
gi • eR• Zly
Step en J. Salvatore Date
City Manager
559
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE TASK ORDER NO. 1 UNDER A MASTER AGREEMENT WITH MBK
ENGINEERS TO PROVIDE PERMITTING AND PROJECT SUPPORT FOR CIP SD 26-6 CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIRS
AND APPROVE BUDGET AMENDMENT
WHEREAS, the Crossroads Storm Drain Pump Station pipelines and outfall structure were constructed in 1993 to convey storm water runoff from the Crossroads commercial and industrial park to the San Joaquin River; and WHEREAS, on June 23, 2022, the City of Lathrop entered into a General Lease Agreement with the State Lands Commission ( SLC) for the existing Crossroads Storm Drain Pump Station outfall and the Consolidated Treatment Facility discharge to the San Joaquin River; and
WHEREAS, pursuant to the SLC lease agreement, the City is required to periodically conduct a comprehensive condition assessment of the 12 -inch- and 48 - inch - diameter pipelines and headwall structure associated with the Crossroads Storm Drain Pump Station outfall; and
WHEREAS, on March 10, 2025, the City Council approved an agreement with V&A Consulting Engineers to perform a condition assessment of the Crossroads Storm Drain Pump Station outfall and pipelines; and
WHEREAS, V&A Consulting Engineers completed the condition assessment and identified recommended repairs to the 48 -inch -diameter storm drain pipeline located at the Crossroads Storm Drain Pump Station outfall structure; and WHEREAS, on June 8, 2026, the City Council approved the establishment of CIP SD 26-6, Crossroads Storm Drain Pump Station Outfall Pipe Repairs; approved an agreement with V&A Consulting Engineers in the amount of $ 39, 792 for engineering design services; and approved an associated budget amendment; and WHEREAS, the 48 -inch - diameter storm drain pipeline crosses a State Plan of Flood Control levee within Reclamation District No. 17 and is subject to Central Valley Flood Protection Board ( CVFPB) Encroachment Permit No. 15845 GM; and WHEREAS, permitting coordination and project support services are necessary to assist the City with compliance with applicable CVFPB requirements and the conditions of CVFPB Encroachment Permit No. 15845 GM during the design and implementation of CIP SD 26-6; and
WHEREAS, MBK Engineers is able to provide professional services to the City under a Master Agreement; and
560
WHEREAS, Task Order No. 1 with MBK Engineers provides for permitting coordination and project support services for CIP SD 26-6 in an amount not to exceed $ 10, 000; and
WHEREAS, sufficient funding is not currently available in the Crossroads Storm Drain Fund to fund Task Order No. 1, and a budget amendment is necessary to transfer $ 10, 000 from the General Fund to CIP SD 26-6 as follows:
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3910- 9900- 393- 0000
Increase Appropriation
3910- 8000- 420- 840
SD 26-6
SD 26-6
10, 000
10, 000
10, 000
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 1 under a Master Agreement with MBK Engineers for permitting and project support services associated with CIP SD 26-6, Crossroads Storm Drain Pump Station Outfall Pipe Repairs, in an amount not to exceed Ten Thousand Dollars ($ 10, 000) and approve a budget amendment as detailed above.
561
The foregoing resolution was passed and adopted this 14th day of September 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 562
CITY OF LATHROP
TASK ORDER NO. 1 PURSUANT TO MASTER CONSULTING AGREEMENT WITH MBK ENGINEERS DATED SEPTEMBER 14, 2026
TO PROVIDE ENGINEERING AND PERMITTING ASSISTANCE FOR CROSSROADS STORM DRAIN OUTFALL REPAIRS CIP SD 26-6
THIS TASK ORDER NO. 1, dated for convenience this 14th day of September 2026, is by and made and entered into by and between MBK Engineers (" CONSULTANT"), and the City of Lathrop, a California municipal corporation of the State of California (" CITY"); RECITALS:
WHEREAS, on SEPTEBMBER 14, 2026, CONSULTANT entered into a Master Agreement (" AGREEMENT") with the CITY, by which the CONSULTANT has agreed to provide professional engineering and permitting assistance services on an on -call, as -needed basis; and WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform on -call architectural and engineering consulting services, which are required by this agreement; and
WHEREAS, CONSULTANT is willing to render such on -call architectural and engineering services, as hereinafter defined, on the followingterms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation of Master Agreement
This Task Order No. 1 hereby incorporates by reference all terms and conditions set forth in the Master Agreement for On -Call Engineering and Permitting Assistance Consulting Services dated September 14, 2026, unless specifically modified by this Task Order. 2) Scope of Service
CONSULTANT agrees to perform services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' ssatisfaction. 3) Effective Date and Term
The effective date of Task Order No. 1 is September 14, 2026, and it shall terminate no later than June 30, 2028.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges not to exceed 10, 000 for the On -Call Engineering and Permitting Assistance Consulting Services described in Exhibit "A" of Task Order No. 1 pursuant to the Master Agreement dated SEPTEMBER 1 563
CITY OF LATHROP - MBK ENGINEERS
TASK ORDER NO. 1 TO PROVIDE ENGINEERING AND PERMITTING ASSISTANCE SERVICES FOR CROSSROADS STORM DRAIN PUMP STATION REPAIRS, CIP SD 26-6 14, 2026. CONSULTANT shall be paid any uncontested sum due and payable within thirty 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation beyond what is expressed in this agreement and Exhibit " A", unless CITY has authorized representative has executed a written change order or authorization describing the extra work and payment terms prior to the commencement of the work.
5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary documents and insurance have been received. CITY shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 6) 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.
2 564
Approved as to Form:
Recommended for Approval:
Approved by:
Consultant:
City of Lathrop
City rney
Salvador Navarrete
City of Lathrop
City Engineer
0 j4 lihN
Date
Brad Taylor
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Date
Stephen J. Salvatore Date
City Manager
MBK Engineers
455 University Avenue, Suite 100
Sacramento, California 95825
Fed ID #
Lathrop Business License #
Signature Date
Print Name and Title
Signature Date
Print Name and Title
3 565
EXHIBIT "
MBK
DON TRIEU, P. E.
DARREN CORDOVA, P. E
NATHAN HERSHEY, P. E., P. L.S.
LEE G. BERGFELD, P. E.
BEN TUSTISON, P. E.
THOMAS ENGLER, P. E., CFM
MICHAEL MONCRIEF, P. E.
NICOLE ORTEGA- JEWELL, PMP
KYLE KNUTSON, P. E.
ANNE WILLIAMS, P. E.
PATRICK HO, P. E.
MICHAEL KYNETr, P. E.
Water Resources • Flood Control • Water Rights
August 20, 2026
City of Lathrop; Department of Public Works
Jonah Sonner, Operations Superintendent
390 Town Centre Drive
Lathrop, CA 95330
Via Email to: %sonner(&, ci. lathrop. ca. us and ggibson( a,, ci. lathrop. ca. us Subject: MBK Engineers Scope of Work: City of Lathrop/ CVFPB/ RD17 Action: Permitting and Client/ Project Support for SD 26-6 San Joaquin River, LM 12. 0, CVFPB Permit 15845 GM
FOUNDERS:'
ANGUS NORMAN MURRAY
1913-985
JOSEPH I. BURNS
1926- 2021
DONALD E. KIENLEN
1930- 2023
Dear Mr. Sonner:
MBK Engineers ( MBK) is providing the Scope of Work to assist City of Lathrop ( Client) in their effort to support coordination and permit compliance for the SD 26-6 project on the Central Valley Flood Protection Board ( CVFPB) permitted encroachment identified under 15845 GM. The primary scope items are regarding compliance to CVFPB regulations and permit requirements for pipe crossing the State Plan of Flood Control ( SPFC) levee on a Project levee, within Reclamation District No. 17 ( District), part of the San Joaquin River and Tributaries Flood Control Project Levee that is administered by the CVFPB. The service will support your compliance with your authorized and permitted encroachment requirements.
We do not foresee this work as requiring any federal authorizations, or in -water work.
SMMARY OF TASKS
Task 1. City, Engineering, RD17, CVFPB Coordination, Notification, and Review Task 1 involves engagement with the City and Engineering to review project SD 26-6 and ensure compliance to CVFPB requirements, incorporation of any RD 17 requirements for notification and review, and. prepare maintenance notification or minor alteration request to CVFPB based on .the iterative collaboration between the Client, Engineers and RD 17.
Task 2. CVFPB and RD 17 permit administration, and Final Submittal Process Task 2 involves our support with CVFPB and RD 17, to administer the notification or minor alteration approval, establish connections with CVFPB staff, RD 17, and project engineers to meet requirements and support submittal process with Client and CVFPB and RD 17, as necessary:
455 University Ave. Suite 100 • Sacramento, California 95825 • Phone: (916) 456-400 • Fax: (916) 456- 0253 • Website: www. mbkengineers. com 566
City of Lathrop
CVFPB Permit 15845 GM
August 20, 2026
able 1. Anticipated Budget for Client Services
Tasks and Activities Associated Client/ CVFPB/ RD17 Support Budget Task 1 City, Engineering, RD17, CVFPB Coordination 5, 000 Task 2 Permit Compliance and Enforcement Closure 5, 000.
Grand Total 10, 000
MBK anticipates the budget to complete the aboveitems will. not exceed $ 10, 000, to meet the objectives of notification : and modification of the CVFPB encroachment identified under permit No: 15845 GM. This estimate assumes the CVFPB will accept the Option of the client to modify the discharge pipes to comply with SLC requirements: under either a maintenance. notification or minoralteration agreement.
If there is a need for. 408 reviews, or a need to replace any componentof these diversions that results in work performed in the channel, additional permitting will be necessary. Any trigger of a 408 review would require scoping changes; these additional costs could add up to an additional $ 60, 000-, and 18 -24 -month delay in project timing. We do not anticipate this, but want to protect the Client from this possibility. The services offered. by MBK are provided at the discretion of the Client/ Owner, on an actual time -and -expense basis, in accordance with our current fee. schedule (Attachment 1):
Please review the anticipated budget and; if this scope meets your approval, indicate your acceptance of the terms by signingand returning a copy of this letter ( enclosed). We appreciate the opportunity to assist the City of Lathrop. Please let me know if you have any questions or concerns regarding the MBK Scope of Work:
Sincerely,
MBK ENGINEERS
Michael Moncrief,' P.E.
MM
Attachments: MBK Schedule of Fees
567
PAGE LEFT
INTENTIONALLY
BLANK
568
ITEM 4. 11
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
NORGO ENGINEERING, INC. FOR CHRISTOPHER WAY
PIPELINE MAINTENANCE PROJECT
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Norgo Engineering, Inc. for
Christopher Way Pipeline Maintenance Project, and
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Norgo Engineering, Inc. (Norgo), has completed construction of the Christopher Way Pipeline Maintenance ( Project).
City staff has inspected the work, and the City Engineer has determined that the improvements were completed in accordance with the approved plans and specifications. Norgo has submitted lien releases confirming that all subcontractors and suppliers have been paid in full. A one- year warranty bond in the amount of 15, 600 (exceeding the 10% of the contract amount) has been provided for the improvements being accepted.
Staff request that City Council accept the public improvements completed by Norgo for the Project. Staff also requests that Council authorize the filing of the Notice of Completion with the San Joaquin County Clerk, the release of contract retention totaling $ 7, 662 to Norgo within forty-ive (45) days after the Notice of Completion is recorded, and the release of performance and payment bonds.
BACKGROUND:
On August 11, 2025, City Council adopted Resolution No. 25- 5860, to approve a construction contract with Norgo for $ 140, 650, a 25% construction contingency of 35, 160, and authorizing staff to expend contingency funds as necessary to achieve Project goals. The City Council also approved a budget amendment of $ 200, 00 to the CTF- MBR Sewer Fund ( 6080- 5- 34- 420- 75- 00) to fund Project construction.
The Project consisted of closed- circuit television ( CCTV) evaluation, repairs, and short extensions to both ends of an existing 1, 600 -foot, 20 -inch C905 recycled water line along Christopher Way between D' Arcy Parkway and Tesla Drive, as well as minor asphalt and concrete restoration work.
569
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY NORGO ENGINEERING, INC. FOR CHRISTOPHER WAY PIPELINE MAINTENANCE PROJECT
During construction, staff discovered a 20 -inch butterfly valve in the flow path of the future sewer force main. Because butterfly valves are unsuitable for sewer service, Change Order No. 1 was issued to remove the valve and relocate the tie- in connection.
REASON FOR RECOMMENDATION:
Norgo has completed the Project pursuant to the contract documents dated August 11, 2025. Staff has inspected the improvements, and the City Engineer has determined they are complete and in accordance with the approved plans and specifications.
Norgo submitted all required lien releases and provided a one- year warranty bond in the amount of $ 15, 600. The warranty bond covers any necessary repairs or replacements due to defective materials or workmanship for one year following acceptance. Upon City Council acceptance, the performance and payment bonds will be released and replaced by the one- year warranty bond.
FISCAL IMPACT:
The awarded contract was $ 140, 650, with an authorized 25% contingency of 35, 160, for a total budget of $ 175, 810. During construction, one ( 1) change order totaling $ 12, 578 was issued to remove the butterfly valve and relocation the tie- in connection, bringing the final contract cost to $ 153, 228.
Sufficient funds were allocated to the CTF budget in the adopted Fiscal Year 2025- 26 budget, as amended by City Council on August 11, 2025, to cover all expenses and close out the Project.
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Norgo Engineering, Inc. for Christopher Way Pipeline Maintenance Project, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Christopher Way Pipeline Maintenance Project 570
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY NORGO ENGINEERING, INC. FOR CHRISTOPHER WAY PIPELINE MAINTENANCE PROJECT
APPROVALS:
2 Bellal Nabizadah Date
Assistant Engineer
06/ 106
Bra Taylor Date
Public Works Director / City Engineer
Cari Jame
Finance Di ctor
3/ P/ pwfDate
w, a7c.
Thomas Hedegard Date
Deputy City Manager
I • l•ZoZ(. 0
Michael King Date
Assistant City Manager
1—I —7-0-z-C
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
9. 3 •ZCQ
571
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY NORGO ENGINEERING, INC. FOR
CHRISTOPHER WAY PIPELINE MAINTENANCE PROJECT, AND AUTHORIZE
THE FILING OF A NOTICE OF COMPLETION, THE RELEASE OF CONTRACT
RETENTION, AND THE RELEASE OF PERFORMANCE AND PAYMENT BONDS WHEREAS, on August 11, 2025, the City Council approved a construction contract with Norgo Engineering, Inc. (Norgo) for construction of Christopher Way Pipeline Maintenance ( Project) in the amount of $ 140, 650, approved a 25% construction contingency of $ 35, 160 and authorized staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project; and WHEREAS, on August 11, 2025, the City Council also approved a budget amendment of $ 200, 00 to the CTF- MBR Sewer Fund ( 6080- 5- 34- 420- 75- 00) to fund construction of the Project; and
WHEREAS, the scope of work included the closed- circuit television ( CCTV) evaluation of, and repairs and short extensions to both ends of, an existing 1, 600 - foot length of 20 -inch C905 recycled water line in Christopher Way between D' Arcy Parkway and Tesla Drive, and minor asphalt and concrete restoration work; 'and WHEREAS, City staff have inspected the work, and the City Engineer has determined that the improvements have been completed in accordance with the approved plans and specifications; and
WHEREAS, Norgo submitted lien releases confirming that all subcontractors and suppliers have been paid in full, and a one- year warranty bond in the amount of 15, 600 exceeding 10% of the construction contract amount, -for the improvements being accepted; and
WHEREAS, staff request that City Council accept the public improvements constructed by Norgo for the Project; and
WHEREAS, staff also request that City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Norgo in the amount of $ 7, 662 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds; and WHEREAS, upon City Council' s acceptance of the improvements, the performance and payment bonds will be released and replaced with a one- year warranty bond in the amount of $ 15, 600; and
WHEREAS, the warranty bond ensures coverage for any necessary repairs or replacements due to defective materials or workmanship discovered within one year from the date of acceptance; and
572
WHEREAS, during construction, one ( 1) change order for $ 12, 578 was issued to remove a 20 -inch butterfly valve from the flow path of the future sewer force main and relocate the tie- in connection, bringing the final contract cost to $ 153, 228.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Norgo Engineering, Inc. for Christopher Way Pipeline Maintenance; and BE IT FURTHER RESOLVED, that City Council authorizes the filing of the Notice of Completion with the San Joaquin County Clerk, release of contract retention to Norgo in the amount of $ 7, 662 within forty-ive (45) days after the recording of the Notice of Completion, and release of performance and payment bonds. 573
The foregoing resolution was passed and adopted this 14th day of September 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 574
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees ( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' SUSE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co - owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co - owners is fee title (e.g. fee title, leasehold, joint tenancy, etc.).
4. That on the 14th day of September 2026 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: Norgo Engineering, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Norgo Engineering, Inc. 2525 Flosden Canyon Rd. Spc 145 American Canyon, CA 94503
7. That the real property herein referred to is situated in the Joaquin, State of California, and is described as follows:
Christopher Way Pipeline Maintenance
City of Lathrop County of San
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.
CITY OF LATHROP
By:
By:
Stephen J. Salvatore, City Manager Date
Teresa Vargas, City Clerk Date
575
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated September 14, 2026 by Norgo Engineering, Inc to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by resolution of the City Council adopted on September 14, 2026, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
576
ITEM 4. 12
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
PANELIZED STRUCTURES, INC. - FOR LATHROP
ELECTRIC VEHICLE CHARGING STATION, CIP GG 24-
28 RECOMMENDATION: Adopt a Resolution to Accept Public Improvements Constructed by Panelized Structures, Inc. for
Lathrop Electric Vehicle Charging Station, CIP GG 24-
28, and Authorize the Filing of a Notice of
Completion, Release of Contract Retention, and
Release of Performance and Payment Bonds
SUMMARY:
Panelized Structures, Inc. ( Panelized Structures), has completed construction of Lathrop Electric Vehicle ( EV) Charging Station, CIP GG 24-8 (Project).
City staff have inspected the work, and the City Engineer has determined that the improvements have been completed in accordance with the approved plans and specifications. Panelized Structures has submitted lien releases confirming that all subcontractors and suppliers have been paid in full. A one- year warranty bond equal to 10% of the construction contract amount been provided for the improvements being accepted.
Staff request that City Council accept the public improvements completed by Panelized Structures for the Project. Staff request that Council authorize the filing of the Notice of Completion with the San Joaquin County Clerk, release of contract retention totaling $ 32, 766 to Panelized Structures within forty-ive (45) days after the Notice of Completion is recorded and the release of performance and payment bonds associated with the Project.
BACKGROUND:
April 14, 2025, City Council awarded a contract to Panelized Structures, Inc.
Panelized Structures) for construction of Lathrop Electric Vehicle ( EV) Charging Station, CIP GG 24-8 (Project) in the amount of $ 624, 900, approved a 10% construction contingency of $ 62, 490 and authorized staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project. The Project scope of work included installing an array of solar panels on an overhead vehicle parking canopy, ten ( 10) EV chargers and constructing landscape and parking modifications. 577
CITY MANAGER' SREPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PANELIZED
STRUCTURES, INC. FOR LATHROP ELECTRIC VEHICLE CHARGING STATION, CIP GG 24-8
REASON FOR RECOMMENDATION:
Panelized Structures has completed the Project pursuant to the contract documents dated April 14, 2025. Staff have inspected the improvements, and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.
Panelized Structures has submitted a one- year warranty bond for the improvements to be accepted ( based on 10% of the construction contract) and lien releases confirming all sub -contractors and suppliers have been paid in full. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.
The performance bond and payment bond will be released and replaced with the oneyear warranty bond upon City Council' sacceptance of the improvements.
FISCAL IMPACT:
The awarded contract was for $ 624, 900, with an authorized 10% construction contingency of $ 62, 490, for a total construction budget of $ 687, 390. During construction, three change orders totaling $ 30, 410 were issued, bringing the final contract cost to .$ 655, 310. Sufficient funds were allocated to CIP GG 24-8 in the adopted Fiscal Year 2026-7 budget to fund all expenses and close out the Project.
Federal funds totaling $ 692, 381 were utilized for the construction of the project.
Acceptance of the public improvements allows staff to submit the final reimbursement request and a Federal Report of Expenditure in accordance with the funding guidelines.
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Panelized Structures, Inc. for Lathrop Electric Vehicle Charging Station, CIP GG 24-8, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Lathrop Electric Vehicle Charging Station, CIP GG 24- 28 578
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PANELIZED
STRUCTURES, INC. FOR LATHROP ELECTRIC VEHICLE CHARGING STATION, CIP GG 24-8
APPROVALS:
egona,
Steven Hollenbeak
Assistant Engineer
9. /•24
Date
Brad aylor Date
Publ. c Works Director / City Engineer
Fro C.). fl( /10r,
Cari James Date
Finance Director
Thomas Hedegard Date
Deputy City Manager
fZ• Zoz°
Michael King Date
Assistant City Manager
210,
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
579
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY PANELIZED STRUCTURES, INC.
FOR LATHROP ELECTRIC VEHICLE CHARGING STATION, CIP GG 24-8, AND
AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, THE RELEASE OF
CONTRACT RETENTION, AND THE RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on April 14, 2025, City Council awarded a contract to Panelized Structures, Inc. (Panelized Structures) for construction of Lathrop Electric Vehicle EV) Charging Station, CIP GG 24-8 (Project) in the amount of $624, 900, approved a 10% construction contingency of $62, 490 and authorized staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project; and WHEREAS, the scope of work included installing an array of solar panels on an overhead steel canopy, ten ( 10) EV chargers and constructing landscape and parking modifications; and
WHEREAS, City staff have inspected the work, and the City Engineer has determined . that the improvements have been completed in accordance with the approved plans and specifications; and
WHEREAS, Panelized Structures has submitted lien releases confirming that all subcontractors and suppliers have been paid in full, and a one- year warranty bond equal to 10% of the construction contract amount for the improvements being accepted; and
WHEREAS, staff request that City Council accept the public improvements constructed by Panelized Structures for the Project; and WHEREAS, staff also request, that City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Consolidated in the amount of $ 32, 766 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds; and
WHEREAS, upon City Council' s acceptance of the improvements, the performance and payment bonds ( Bond No. 30187680) will be released and replaced with a one- year warranty bond in the amount of $ 65, 531 (Bond No. 30187680); and WHEREAS, the warranty bond ensures coverage for any necessary repairs or replacements due to defective materials or workmanship discovered within one year from the date of acceptance; and
WHEREAS, during construction, three change orders totaling $ 30, 410 were issued, bringing the final contract cost to $ 655, 310. 580
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Panelized Structures, Inc. for Lathrop EV Charging Station, CIP GG 24-8; and BE IT FURTHER RESOLVED, that City Council authorizes the filing of the Notice of Completion with the San Joaquin County Clerk, release of contract retention to Panelized Structures in the amount of $ 65, 531 within forty-ive (45) days after the recording of the Notice of Completion, and release of performance and payment bonds.
581
The foregoing resolution was passed and adopted this 14th day of September 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 582
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees ( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrm 390 Towne Centre Drive Lathrop CA 95330
If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, ifthere is only one owner, and that the full names and addresses of all the co -owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is, more than one owner, are set forth in the preceding paragraph.
3. Thatthe nature of the title of stated owner, or if more than one owner, then of the stated owner and co - owners is fee title ( e.g. fee title, leasehold, joint tenancy, etc.).
4. That on the 14th day of September 2026 a work of improvement on the real property herein described was completed.
5. - That the name of the original contractor, if any, for said work of improvement was: Panelized Structures, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Panelized Structures, Inc. 5731 Stoddard Road Modesto, CA 95356
7. That the real property herein referred to is situated in the City of Lathrop County of San Joaquin, State of California, and is described as follows:
Lathrop EV Charging Station, CEP GG 24-8
That the undersigned has knowledge of the contents herein and states under penalty ofperjury that the foregoing is true and correct.
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
By:
Teresa Vargas, City Clerk Date
583
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated September 14, 2026 by Panelized Structures, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf ofthe City Council pursuant to authority conferred by resolution ofthe City Council adopted on September 14, 2026, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
584
ITEM 4. 13
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
CONSOLIDATED ENGINEERING, INC. FOR TESLA
DRIVE AND CHRISTOPHER WAY PAVING, CIP PS 24-
05 RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Consolidated Engineering, Inc. for
Tesla Drive and Christopher Way Paving, CIP PS 24-
05, and Authorize the Filing of a Notice of
Completion, Release of Contract Retention, and
Release of Performance and Payment Bonds
SUMMARY:
Consolidated Engineering, Inc. ( Consolidated Engineering), has completed construction of Tesla Drive and Christopher Way Paving, CIP PS 24- 05 (Project).
City staff has inspected the work, and the City Engineer has determined that the improvements have been completed in accordance with the approved plans and specifications. Consolidated Engineering has submitted lien releases confirming that all subcontractors and suppliers have been paid in full. A one- year warranty bond equal to 10% of the construction contract amount has been provided for the improvements being accepted.
Staff requests that the City Council accept the public improvements completed by Consolidated Engineering for the Project. Staff further requests that Council authorize the filing of the Notice of Completion with the San Joaquin County Clerk, the release of contract retention totaling $ 45; 594 to Consolidated Engineering within forty-ive 45) days after the Notice of Completion is recorded, and the release of performance and payment bonds associated with the Project.
Following acceptance, staff requests that any unused project funds be returned to the General Fund Street Reserves ( Fund 1010).
BACKGROUND:
On August 11, 2025, the City Council awarded a contract to Consolidated Engineering, Inc. for construction of the Project in the amount of $ 807, 954, approved a 20% construction contingency of $ 161, 590, and authorized staff to spend up to the contingency amount as necessary to achieve the goals of the Project. The Project consisted of grinding off the existing pavement surfaces and constructing two raised crosswalks on Riverfront Drive with new striping and signage.
REASON FOR RECOMMENDATION:
585
CITY MANAGER' SREPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CONSOLIDATED
ENGINEERING, INC. FOR TESLA DRIVE AND CHRISTOPHER WAY PAVING, CIP PS 24- 05
Consolidated Engineering has completed the Project pursuant to the contract documents dated August 11, 2025. Staff has inspected the improvements, and the City Engineer has deemed them complete and in accordance with the approved plans and specifications by the City Engineer.
Consolidated Engineering has submitted a one- year warranty bond ( equal to 10% of the construction contract) for the improvements to be accepted and lien releases confirming all subcontractors and suppliers have been paid in full. The warranty bond covers any repairs or replacements that become necessary during the one- year period following acceptance due to defective materials or workmanship. ,.
The performance bond and payment bond will be released and replaced with the oneyear warranty bond upon City Council' sacceptance of the improvements.
FISCAL IMPACT:
The awarded contract was for $ 807, 954, with an authorized 20% construction contingency of $ 161, 590, resulting in a total authorized construction budget of 969, 545. During construction, three change orders totaling $ 103, 911 were issued, bringing the final contract cost at $ 911, 866. Sufficient funds were allocated to CIP PS 24- 05 in the adopted Fiscal Year 2026-7 budget to cover all expenses and close out the Project. Following acceptance, staff requests that all remaining unused project funds be returnedtothe General Fund Street Reserves ( Fund 1010).
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Consolidated Engineering, Inc. for Tesla Drive and. Christopher Way Paving, CIP PS 24- 05, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion Tesla Drive and Christopher Way Paving, CIP PS 24- 05 586
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CONSOLIDATED
ENGINEERING, INC. FOR TESLA DRIVE AND CHRISTOPHER WAY PAVING, CIP PS 24- 05
APPROVALS:
u/ e4 , 7/ 04, 114/
Steven Hollenbeak Date
Assistant Engineer
el/ l/X6
Bra Taylor Date
Public Works Director / City Engineer
fihirl
Cari James Date
Finance Director
ZaLcro
Thomas Hedegard Date
Deputy City Manager
Z• 2oZ( a
Michael King Date
Assistant City Manager
e1. s - LC=
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
587
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
PUBLIC IMPROVEMENTS CONSTRUCTED BY CONSOLIDATED ENGINEERING, INC. FOR TESLA DRIVE AND CHRISTOPHER WAY PAVING, CIP PS 24- 05, AND
AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, THE RELEASE OF
CONTRACT RETENTION, AND THE RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on August 11, 2025, City Council awarded a contract to Consolidated Engineering, Inc. (Consolidated) for construction of Tesla Drive and Christopher Way Paving, CIP PS 24- 05 ( Project) in the amount of $ 807, 955, approved a 20% construction contingency of $ 161, 590 and authorized staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work included paving an asphalt overlay on the entire lengths of Tesla Drive and Christopher Way, and installing new traffic striping, markings and markers; and
WHEREAS, City staff have inspected the work, and the City Engineer has determined that the improvements have been completed in accordance with the approved plans and specifications; and
WHEREAS, Consolidated has submitted lien releases confirming that all subcontractors and suppliers have been paid in full, and a one- year warranty bond equal to 10% of the construction contract amount for the improvements being accepted; and
WHEREAS, staff request that City Council accept the public improvements constructed by Consolidated for the Project; and
WHEREAS, staff also request that City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Consolidated in the amount of $ 45, 594 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds; and
WHEREAS, upon City Council' s acceptance of the improvements, the performance and payment bonds ( Bond No. 7483164) will be released and replaced with a one- year warranty bond in the amount of $ 91, 187 (Bond No. 7483164); and WHEREAS, the warranty bond ensures coverage for any necessary repairs or replacements due to defective materials or workmanship discovered within one year from the date of acceptance; and
WHEREAS, during construction, three change orders for $ 103, 911 were issued, for a final contract cost at $ 911, 866; and
588
WHEREAS, following acceptance, staff request that any unused project funds be transferred back to the General Fund Street Reserves ( Fund 1O10).
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Consolidated Engineering, Inc. for Tesla Drive and Christopher Way Paving, CIP PS 24- 05; and BE IT FURTHER RESOLVED, that City Council authorizes the filing of the Notice of Completion with the San Joaquin County Clerk, release of contract retention to Consolidated in the amount of $ 45, 594 within forty-ive (45) days after the recording of the Notice of Completion, and release of performance and payment bonds; and
BE IT FURTHER RESOLVED, that City Council authorizes the return of unused project funds into the General Fund Street Reserves ( 1010). 589
The foregoing resolution was passed and adopted this 14th day of September 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 590
Attachment
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecordingfees (GC 11922)
it
SPACE ABOVE THIS LINE FOR RECORDER' SUSE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co -owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, ifthere is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co -owners is fee title ( e.g. fee title, leasehold, joint tenancy, etc.).
4. That on the 14th day of September 2026 a work of improvement on the real property herein described was completed.
5. That the name ofthe original contractor, if any, for said work of improvement was: Consolidated Engineering, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Consolidated Engineering, Inc. P. O. Box 701 Valley Springs, CA 95252
7. That the real property herein referred to is situated in the City of Lathrop County of San Joaquin, State of California, and is described as follows:
Tesla Drive and Christopher Way Paving, CIP PS 24- 05
That the undersigned has knowledge of the contents herein and states under penalty ofperjury that the foregoing is true and correct.
CITY OF LATHROP
By:
By:
Stephen J. Salvatore, City Manager Date
Teresa Vargas, City Clerk Date
591
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated September 14, 2026 by Consolidated Engineering, Inc. to the City of Lathrop, a political corporation and/ or governmental 'agency, is hereby accepted by the undersigned officer or agent on behalf ofthe City Council pursuant to authority conferred by resolution of the City Council adopted on September 14, 2026, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
592
ITEM 4. 14
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
CERVANTES LANDSCAPE SERVICES, INC. FOR
SPARTAN WAY MEDIAN FENCE, CIP PS 26-0
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Cervantes Landscape Services, Inc.
for Spartan Way Median Fence, CIP PS 26-0, and
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release . of
Performance and Payment Bonds
SUMMARY:
Cervantes Landscape Services, Inc. ( Cervantes Landscape), has completed construction of Spartan Way Median Fence, CIP PS 26-0 (Project).
City staff have inspected the work, and the City Engineer has determined that the improvements have been completed in accordance with the approved plans and specifications. Cervantes Landscape has submitted lien releases confirming that all subcontractors and suppliers have been paid in full. A one- year warranty bond equal to 10% of the construction contract amount been provided for the improvements being accepted.
Staff request that City Council accept the public improvements completed by Cervantes Landscape for the Project. Staff request that Council authorize the filing of the Notice of Completion with the San Joaquin County Clerk, release of contract retention totaling $ 15, 237 to Cervantes Landscape within forty-ive (45) days after the Notice of Completion is recorded and the release of performance and payment bonds associated with the Project.
Following acceptance, staff request that any unused project funds be returned to the Measure C Fund ( 1060).
BACKGROUND:
On December 8, 2025, City Council awarded a construction contract to Cervantes Landscape for $ 294,25, approved a 20% construction contingency of $ 58, 845 for construction of the Project and authorized staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project. The Project consisted of constructing a tubular steel fence and associated landscaping modifications in the median of Spartan Way from Stanford Crossing to Golden Valley Parkway. 593
CITY MANAGER' SREPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CERVANTES LANDSCAPE SERVICES, INC. FOR SPARTAN WAY MEDIAN FENCE, CIP PS 26-0 REASON FOR RECOMMENDATION:
Cervantes Landscape has completed the Project pursuant to the contract documents dated December 8, 2025. Staff have inspected the improvements, and they have been deemed complete and in accordance with the approved plans and, specifications by the City Engineer.
Cervantes Landscape has submitted a one- year warranty bond for the improvements to be accepted ( based on 10% of the construction contract) and lien releases confirming all sub -contractors and suppliers have been paid in full. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.
The performance bond and payment bond will be released and replaced with the oneyear warranty bond upon City Council' sacceptance of the improvements.
FISCAL IMPACT:
The awarded contract was for $ 294,25, with an authorized 20% construction contingency of $ 58, 845, for a total construction budget of $ 353, 070. During construction, one change order for $ 10, 500 was issued, for a final contract cost at 304, 725. Sufficient funds were allocated to CIP PS 26-0 in the adopted Fiscal Year 2026-7 budget to fund all expenses and close out the Project. Following acceptance, staff request that any unused Project funds be returned to the Measure C Fund 1060).
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Cervantes Landscape Services, Inc. for Spartan Way Median Fence, CIP PS 26- 20, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Spartan Way Median Fence, CIP PS 26-0 594
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CERVANTES LANDSCAPE SERVICES, INC. FOR SPARTAN WAY MEDIAN FENCE, CIP PS 26-0 APPROVALS:
7/,
Steven Hollenbeak Date
Assistant Engineer
Bra Taylor
Pub is Works Director / City Engineer
q/ i
Date
G7 b itu4
Cari James Date
Finance Director
I
9 ft/lo Z6
Thomas Hedegard Date
Deputy City Manager
ct• 2•oZ( o
Michael King Date
Assistant City Manager
14 Salvador Navarrete Date
City Attorney
S • 2to
Stephen J. Salvatore Date
City Manager
595
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
PUBLIC IMPROVEMENTS CONSTRUCTED BY CERVANTES LANDSCAPE
SERVICES, INC. FOR SPARTAN WAY MEDIAN FENCE, CIP PS 26-0, AND
AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, THE RELEASE OF
CONTRACT RETENTION, AND THE RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on December 8, 2025, City Council awarded a contract to Cervantes Landscape Services, Inc. ( Cervantes Landscape) for construction of Spartan Way Median Fence, CIP PS 26-0 (Project) in the amount of $ 294,25, approved a 20% construction contingency of $ 58, 845 and authorized staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work included constructing a pedestrian fence and landscape improvements in the median of Spartan Way between Stanford Crossing and Golden Valley Parkway; and
WHEREAS, City staff have inspected the work, and the City Engineer has determined that the improvements have been completed in accordance with the approved plans and specifications; and
WHEREAS, Cervantes Landscape has submitted lien releases confirming that all subcontractors and suppliers have been paid in full, and a one- year warranty bond equal to 10% of the construction contract amount for the improvements being accepted; and
WHEREAS, staff request that City Council accept the public improvements constructed by Cervantes Landscape for the Project; and WHEREAS, staff also request that City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Cervantes Landscape in the amount of $ 15, 237 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds; and
WHEREAS, upon City Council' s acceptance of the improvements, the performance and payment bonds ( Bond No. GRCA 72738) will be released and replaced with a one- year warranty bond in the amount of $ 29, 423 (Bond No. GRCA 72738); and
WHEREAS, the warranty bond ensures coverage for any necessary repairs or replacements due to defective materials or workmanship discovered within one year from the date of acceptance; and
596
WHEREAS, during construction, one ( 1) change order for $ 10, 500 was issued, resulting in a final contract cost' of $ 304, 725; and
WHEREAS, following acceptance, staff request that any unused project funds be transferred back to the Measure C Fund ( 1060).
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Cervantes Landscape for Spartan Way Median Fence, CIP PS 26-0; and BE IT FURTHER RESOLVED, that City Council authorizes the filing of the Notice of Completion with the San Joaquin County Clerk, release of contract retention to Cervantes Landscape in the amount of $ 15, 237 within forty-ive (45) days after the recording of the Notice of Completion, and release of performance and payment bonds; and
BE IT FURTHER RESOLVED, that City Council authorizes the return of unused project funds into the Measure C Fund ( 1060).
597
The foregoing resolution was passed and adopted this 14th day of September 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 598
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees ( GC 11922)
Attachment
1 SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co -owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co - owners is fee title ( e.g. fee title, leasehold, joint tenancy, etc.).
4. That on the 14th day of September 2026 a work of improvement on the real property herein described was completed.
5. That the name ofthe original contractor, if any, for said work of improvement was: Cervantes Landscape Services, Inc..
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Cervantes Landscape Services, Inc. 16649 Sycamore Ave. Patterson, CA 95363
7. That the real property herein referred to is situated in the State of California, and is described as follows:
Spartan Way Median Fence, CIP PS 26-0
City of Lathrop County of San Joaquin,
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.
CITY OF LATHROP
By:
By:
Stephen J. Salvatore, City Manager Date
Teresa Vargas, City Clerk Date
599
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated September 14, 2026 by Cervantes Landscape Services, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by resolution ofthe City Council adopted on September 14, 2026, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
600
ITEM4. 15
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG
27- 04, APPROVE A CONSTRUCTION CONTRACT WITH
TIM PAXIN' S PACIFIC EXCAVATION, INC. DBA
PACIFIC EXCAVATION, AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution to Create Fire Station 34 Safety Upgrades CIP GG 27- 04, Approve a Construction
Contract with Tim Paxin' sPacific Excavation Inc. DBA
Pacific Excavation, and Approve Budget Amendment
SUMMARY:
Fire Station 34 is located on River Islands Parkway, a six -lane arterial roadway with relatively high traffic volumes and operating speeds. Emergency vehicles exiting the station must cross multiple travel lanes to access the opposite direction of travel, creating potential conflicts with approaching vehicles. The proposed Opticomactivated flashing yield sign system will provide advance warning to motorists when emergency vehicles are exiting or crossing the roadway, improving safety for emergency responders and the traveling public.
Plans and specifications for the installation of the City -furnished SWARCO/ RTC Fire Station Warning System at Fire Station 34 ( Project) were advertised on August 6, 2026, in accordance with California Public Contract Code ( PCC) Section 22034 and Lathrop Municipal Code ( LMC) Section 3.0. 060. On August 20, 2026, the City received four bids. Following staff review, Tim Paxin' sPacific Excavation, Inc. DBA Pacific Excavation ( Pacific Excavation) was determined to be the lowest responsive and responsible bidder, with a base bid of $ 49, 670.
Staff request that City Council approve the creation of Capital Improvement Project CIP) GG 27- 04 Fire Station 34 Safety Upgrades, award a construction contract to Pacific Excavation in the amount of $ 49, 670 and authorize a 15% contingency of 7, 451 for a total construction budget not to exceed $ 57, 121, and approve a budget amendment transferring $ 100, 00 from the Measure C Fund ( 1060) contingent upon review by the Measure C Oversight Committee to the General CIP Fund ( 3010).
BACKGROUND:
The Project will install a City -furnished SWARCO/ RTC Fire Station Warning System at Fire Station 34 to improve safety for emergency vehicles exiting the station and crossing River Islands Parkway. The work includes installation of four Opticomactivated flashing yield sign assemblies on. new Type 1B poles, including shoulder - and median - mounted signs on each approach to the station' seastern driveway. The Project also includes installation of an AC -powered network cabinet, Opticom card, 601
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG 27- 04, APPROVE A CONSTRUCTION CONTRACT WITH TIM PAXIN' SPACIFIC EXCAVATION, INC.
DBA PACIFIC EXCAVATION, AND APPROVE BUDGET AMENDMENT
four pole foundations, one cabinet foundation, electrical conduit and conductors from the existing point of service, system testing and activation, temporary traffic control, and restoration of disturbed landscaping.
The AC -powered cabinet will use a nearby existing electrical connection and will activate the warning system when Opticom- equipped Fire Station 34 emergency vehicles approach the station driveway. To avoid potential construction delays, the City procured the long -lead materials in advance of construction award. These materials include the RTC Fire Station Warning System, Opticom card, and network cabinet components, which have an estimated lead time of approximately 12 weeks from receipt of order.
Plans and specifications for construction of the Project were advertised on August 6, 2026, pursuant to PCC Section 22034 and LMC Section 3.0. 060. On August 20, 2026, the City received four responsive and responsible bids, summarized in Table 1. Pacific Excavation submitted the lowest bid of $ 49, 670. Staff reviewed the bid and recommends award of the construction contract to Pacific Excavation.
Table 1: Summary of Bid Results
Contractor Base Bid
Tim Paxin' s Pacific Excavation, Inc. 49, 670. 0
Saint Francis Electric, Inc. 52, 280. 0
City Light Construction LLC 62,28. 00
Bockmon & Woody Electric Co., Inc. 70, 486. 09
Staff also recommend Council approve the creation of CIP GG 27- 04 Fire Station 34 Safety Upgrades and a budget amendment.
REASON FOR RECOMMENDATION:
Approval of the Project will allow installation of an Opticom- activated advance - warning system to alert motorists when emergency vehicles are exiting or crossing River Islands Parkway, thereby improving safety for emergency responders and the traveling public.
FISCAL IMPACT:
To avoid construction delays associated with an estimated 12 -week lead time, the City procured the City -furnished materials in advance of construction award. The estimated Project costs are summarized below:
RTC Fire Station Warning System: $ 33, 207. 90
Opticom card: $4, 079
Network cabinet and related components: $709. 60
602
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG 27- 04, APPROVE A CONSTRUCTION CONTRACT WITH TIM PAXIN' SPACIFIC EXCAVATION, INC.
DBA PACIFIC EXCAVATION, AND APPROVE BUDGET AMENDMENT
The proposed construction contract with Pacific Excavation is for $ 49, 670. A 15% contingency is requested in the amount of $ 7, 451 for a total construction budget of 57, 121.
Staff request City Council approve a budget amendment transferring $ 100, 00 from Measure C fund ( 1060) contingent upon review by the Measure C Oversight Committee to the General CIP fund ( 3010) as follows:
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 27- 04
Increase Appropriation
3010- 8000- 420- 12- 00 GG 27- 04
ATTACHMENTS:
100, 00
100, 00
100, 00
A. Resolution to Create Fire Station 34 Safety Upgrades, CIP GG 27- 04, Approve a Construction Contract with Tim Paxin' s Pacific Excavation, Inc. DBA Pacific Excavation, and Approve Budget Amendment
B. Construction Contract with Tim Paxin' s Pacific Excavation, Inc. DBA Pacific Excavation for Fire Station 34 Safety Upgrades, CIP GG 27- 04 603
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG 27- 04, APPROVE A CONSTRUCTION CONTRACT WITH TIM PAXIN' SPACIFIC EXCAVATION, INC.
DBA PACIFIC EXCAVATION, AND APPROVE BUDGET AMENDMENT
APPROVALS:
va / vaava- cp
Veronica Albarran Date
Assistant Engineer
9/ zptcle
Bra6Jaylor DatePubl Works Director/ City Engineer
Cari Ja
Finance ctor
Thomas Hedegard
Deputy City Manager
q1310105a,
Date
Date
V 9. 4 • Zoz (o
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Steph n J. Salvatore Date
City Manager
604
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG 27- 04, APPROVE A CONSTRUCTION CONTRACT WITH TIM PAXIN' SPACIFIC EXCAVATION, INC.
DBA PACIFIC EXCAVATION, AND APPROVE BUDGET AMENDMENT
WHEREAS, Fire Station 34 is located along River Islands Parkway, a six -lane arterial roadway where emergency vehicles exiting the station must cross multiple travel lanes to access the opposite direction of travel; and WHEREAS, the City proposes to create Capital Improvement Project ( CIP) GG 27- 04, Fire Station 34 Safety Upgrades ( Project), to improve safety for emergency responders and the traveling public through installation of an Opticom- activated flashing yield sign warning system; and
WHEREAS, the Project scope of work includes installation of the City -furnished SWARCO/ RTC Fire Station Warning System, including four Opticom- activated flashing yield sign assemblies on new Type 1B poles, an AC -powered network cabinet, Opticom card, pole and cabinet foundations, electrical conduit and conductors, system testing and activation, temporary traffic control, and restoration of disturbed landscaping; and
WHEREAS, the City procured the Tong - lead RTC warning system, Opticom card, and network cabinet components in advance of construction award to avoid delays associated with an estimated 12 -week lead time; and WHEREAS, plans and specifications for construction of the Project were advertised on August 6, 2026, in accordance with bidding procedures in California Public Contract Code ( PCC) Section 22034 and Lathrop Municipal Code ( LMC) Section
3.0. 060; and
WHEREAS, staff received and opened four (4) bids on August 20, 2026; and WHEREAS, after review and evaluation, the lowest responsive and responsible bidder was determined to be Tim Paxin' s Pacific Excavation, Inc. DBA Pacific Excavation ( Pacific Excavation), with a bid of $49, 670; and WHEREAS, staff request City Council approve a construction contract with Pacific Excavation for construction of the Project in the amount of $ 49, 670 and authorize a 15% construction contingency of $ 7, 451, for a total construction budget of $ 57, 121; and
WHEREAS, staff request City Council approve the creation of CIP GG 27- 04, Fire Station 34 Safety Upgrades and a budget allocation in the amount of $ 100, 00 from the Measure C Fund ( 1060) to the General CIP Fund ( 3010) as detailed below, contingent upon approval by the Measure C Oversight Committee:
605
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 27- 04
Increase Appropriation
3010- 8000- 420- 12- 00 GG 27- 04
100, 00
100, 00
100, 00
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the creation of Fire Station 34 Safety Upgrades, CIP GG 27- 04; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Tim Paxin' s Pacific Excavation, Inc.
DBA Pacific Excavation for Fire Station 34 Safety Upgrades, CIP GG 27- 04, in the amount of $49, 670; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby authorizes a 15% construction contingency of $7, 451, for a total construction budget not to exceed $ 57, 121, and authorizes staff to expend 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. 606
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas
City Clerk
Salvador Navarrete
City Attorney
607
ATTACHMENT
0.4 •
CONSTRUCTION CONTRACT
This Contract, dated September 14, 2026, is entered into by and between the City of Lathrop (" City"), a municipal corporation of the State of California ( City), and Tim Paxin' s Pacific Excavation, Inc. DBA Pacific Excavation, (Contractor), whose Taxpayer Identification Number is 95- 4398585.
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, andshall 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 Fire Station 34 Safety Upgrades, CIP GG 27- 04 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the installation of four Opticom- activated flashing yield sign assemblies on new Type 1B poles, including shoulder- and median -mounted signs on each approach to the station' s eastern driveway. The Project also includes installation of an AC -powered network cabinet, Opticom card, four pole foundations, one cabinet foundation, electrical conduit and conductors from the existing point of service, system testing and activation, temporary traffic control, and restoration of disturbed landscaping; and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 25 Calendar days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 49, 670 (Forty Nine Thousand Six Hundred Seventy Dollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Pacific Excavation on August 608
20, 2026. 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 Engineer or his designee 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 ofinsurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety ofthe Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property ofContractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
609
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes ,without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Recuest Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of 610
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. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation andsubmittal for all Subcontractors of every tier:
b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion ofthe Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Depaitnient of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
Record of wages paid: Inspection
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist ofpayroll 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.
611
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 ofthe 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. Ifthe requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
612
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 Manage r the Bonds as required under Section 00700 — 5. 1A.
11. Re- aresentations 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;
Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City.
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;
3)
5)
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 613
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 teas'. 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 ofthe physical conditions of the Project site.
12. Assignment. This Contract and_ the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, ( 2) sent by the United States snail, 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 ofthe receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
614
8)
9)
PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Engineering Project Management
To Contractor:
16. Miscellaneous.
Tim Paxin' sPacific Excavation, Inc., dba
Pacific Excavation
9796 Kent St,
Elk Grove, CA 95624
PHONE: ( 916) 686- 2800
EMAIL:
ATTN: Prescilla
pgastelum@pacificexcavation. com
Gastelum
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 ofthis Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 615
10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terns 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. 616
19) Contractor and subcontractors must comply with the regulations imposed by California Air Resources Board (" CARB") including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9, and all pending amendments Regulation").
20) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
21) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 22) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
23) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall, not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
24) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
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 Informal Bid Packet
617
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
Resolution No.: 26 -
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Brad Taylor, Public Works Director/ City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
618
EXHIBIT ""
BID
EXCAVATION INC.
UC. #694400 C- 10 8 A
9796 Kent Street
Elk Grove, Ca 95624
916) 686- 2800 Est. Fax ( 916) 686- 2806
DIR # 1000000188
To: PRIME CONTRACTORS
Attn: ESTIMATOR
Subject: BID PROPOSAL
From: TODD HANSON
Cell: ( 916) 870- 7171
Pages: 5
Project: INSTALL RRFB' SAT FIRE STATION # 34
Est. No. 8075
Date: 8/ 20/26
PROPOSED SCOPE FOR THE ABOVE PROJECT
PER PLANS AND SPECIFICATIONS
ADDENDUMS NOTED: 0
UNION
BOND RATE 1%
TRAFFIC CONTROL FOR OUR PORTION OF WORK
PROPOSAL VALID FOR 30 DAYS
SCHEDULE OF VALUES
EXCLUSIONS**
ANY & ALL PERMITS, UTILITY FEES, RAILROAD / FLAGGING FEES
ANY & ALL AGENCY INSPECTION OR TESTING REPORT FEES OF ANY KIND
TEMPORARY POWER, TEMPORARY GENERATORS, TEMPORARY STREET -
LIGHTING, TEMPORARY CAMERAS OR TEMPORARY SIGNALIZATION
IMPACT ATTENUATOR VEHICLE AND CMS BOARD FOR TRAFFIC CONTROL ANY & ALL LOCATING 8z MAPPING OF EXISTING OR NEW FACILITIES
CIVIL IMPROVEMENTS
SURVEY AND STAKING
MAPPING OR LOCATING OF EXISTING SYSTEMS
ANY COST INCREASES DUE TO UNFORESEEN TARRIFS
619
EXCAVATION INC.
L1C.# 694400 C- 10 & A
9796 Kent Street
Elk Grove, CA 95624
916) 686- 2800 * Fax (916) 686- 2806
California License # 694400 - C- 10 & A
DIR # 1000000188
BID PROPOSAL
DATE ESTIMATE NO.
08/ 20/6 8075
PROJECT
INSTALL RRFB' SAT FIRE STATION # 34
fitivc::::::::::::::::::::::::::::::::::::::::::::::::::::::: ESTimATED:::::::: UNl OE:::: ::::::::::JNI: T;:::::::::::::::
13:.:. Nf::
DESCRIPTIO t•:•. . . . . . . ... . . . . . . . ... . . QUANTITY..:-::: MEASURE::.:::: PRLCE•::TOTAL::::.:;:.
INSTALL RRFB SYSTEM COMPLETE PER PROVIDED
8-1/2" x 11" SITE PLAN SHEETS 1
Proposal Expires in 30 Days
Acceptance of Estimate:
The above prices, specifications and conditions are satisfactory and hereby accepted.
You are authorized to do the work as specified.
See attached cover letter for Inclusions and Exclusions.
Printed Name, Signature & Date:
LS 49, 670. 0 49, 670. 0
620
SCHEDULE OF VALUES ( COST BREAKDOWN )
ITEM
DESCRIPTION
QTY _ UNIT
PRICE
PER EXT.
TYPE 1-B FOUNDATION 4 5,50. 0 EA 22,00. 0
SURVEILLANCE CABINET FOUNDATION 1 4, 567. 00 EA 4, 567. 00 INSTALL CITY FURNISHED 1-B STANDARD 4 1, 900. 0 EA 7, 600. 0 INSTALL CITY SURVEILLANCE CABINET 1 1, 453. 00 EA 1, 453. 00 INSTALL CITY FURNISHED SIGNS 10 555. 00 EA 5,50. 0
UNDERGROUND CONDUIT SYSTEM INSTALLATION - TRENCHER 50 70. 00 LF 3, 500. 0 PVC 2" 50 8. 00 LF 400. 00
TRAFFIC CONTROL 1 4,00. 0 LT 4,00. 0
TOTAL AMOUNT 49, 670. 0
621
IMPAIRMENT CI NYYIMIA RMIHIS
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C: 1= STATE LICENSE BOARD
ACTIVE LICENSE
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9y11RCas NuP TIM PAXIN' SPACIFIC
EXCAVATION INC DBA PACIFIC
EXCAVATION
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622
CA
Ato
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State of California
Department of
Industrial Relations
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1000000188 - Tim Paxin' sPacific Excavation Inc
1000000188 - Tim Paxin' sPacific Excavation Inc
Customer Account Lookup
PWCR
1000000188
Contractor Status
DIR Approved
CSLB
694400
Business Phone
9166862800
Ext
Registration Start Date
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Legal Entity Name
Tim Paxin' sPacific Excavation Inc
Doing Business As ( DBA)
Tim Paxin' s
Pacific Excavation Inc
Business Structure
None
l _
President
TIM PAXIN
Email
pgastelum@pacificexcavation. com
fv rskr aticrn E' ndDat..'-,
2025- 07-1 12028- 06- 30
Crafts
Laborer and Related Classifications . Electrician Cement Mason Operating Engineer ( Heavy and Highway Work)
LABORER
Address
Mailing Address
I 9796 Kent St176089142
Mailing Address - City
I Elk Grove
Physical Address
L
Mailing Address - State
Mailing Address - Zip
95624
Physical Address - City
Physical Address - State
r
Physical Address - Zip
Mailing Address - Country Physical Address - Country
623
624
ITEM 4.. 16
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: CREATE 2026 ANNUAL MICROSURFACING, CIP PS
27- 01, AWARD A CONSTRUCTION CONTRACT TO
AMERICAN PAVEMENT SYSTEMS, INC. AND APPROVE
A BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Create 2026 Annual
MicroSurfacing, CIP PS 27- 01, Award a Construction
Contract to American Pavement Systems, Inc. and
Approve a Budget Amendment
SUMMARY:
Various streets in River Islands are scheduled for Microsurfacing, a preventive maintenance treatment typically applied to asphalt paved surfaces five to seven years after initial placement.
The plans and specifications for the application of Microsurfacing to subject streets Project) were prepared by staff and advertised for bid on July 23, 2026, pursuant to bidding procedures set forth in California Public Contract Code 22037 and Lathrop Municipal Code 2. 36. 060. The City Clerk received and opened six ( 6) bids on August 11, 2026. All six bids were determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:
Table 1; Summary of Bid Results -2026 Annual Micro -Surfacing Contractor Total Bid
American Pavement Systems, Inc. 655, 726
Dryco Construction, Inc. 5779, 79
American Asphalt South, Inc. 6790, 858
VSS International, Inc. S799, 671
Sierra Nevada Construction, Inc. 811, 007
Pavement Coatings Co. 903,45
Based on the review and evaluation of the bids, American Pavement Systems, Inc.
American Pavement) was determined to be the lowest responsive and responsible bidder for the Project, with a bid of $655, 726.
Staff recommends that the City Council approve the creation of the 2026 Annual MicroSurfacing, CIP PS 27- 01, and a budget amendment of $ 819, 000, as detailed in the Fiscal Impact section, to provide funding for the construction of the Project. Staff also recommends awarding a construction contract to American Pavement in the amount of $ 655, 726 and authorizing a construction contingency in accordance with the Fiscal Impact section, for a total project construction cost not to exceed 819, 000.
625
CITY MANAGER' SREPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE 2026 ANNUAL MICROSURFACING, CIP PS 27- 01, AWARD A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. AND
APPROVE A BUDGET AMENDMENT
BACKGROUND:
MicroSurfacing is preventive maintenance treatment routinely applied to asphalt surfaces 5-7 years following placement, and consists of liquid asphaltic emulsion and fine aggregate. The streets proposed for Microsurfacing were approved by City Council through Resolution 25- 5785 on May 12, 2025, and are listed and shown in Attachment B - 2026 Annual Micro -Surfacing Street List and Attachment C - 2026 Annual MicroSurfacing Map.
Funding for the Project is provided by the Road Maintenance and Rehabilitation Account ( RMRA), established pursuant to California Senate Bill ( SB) 1 in 2017.
REASON FOR RECOMMENDATION:
Microsurfacing is a standard preventive maintenance treatment for asphalt paving in its fifth to seventh year of service life. The process reseals the street surface, extending the service life by five to seven years and improving traction.
FISCAL IMPACT:
The proposed construction contract with American Pavement Systems is $ 655, 726.
A construction contingency of approximately is requested in the amount of $ 163, 274 for a total construction cost not to exceed $ 819, 000.
Staff request that the City Council approve a budget amendment transferring 819, 000 from the RMRA Fund ( 2030) to the CIP Project Fund ( 3310) to fund the construction contract and contingency, as follows:
Increase Transfer Out
2030- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
PS 27- 01
PS 27- 01
819, 000
819, 000
819, 000
626
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE 2026 ANNUAL MICRO -SURFACING, CIP PS 27- 01, AWARD A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. AND
APPROVE A BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution to Create 2026 Annual Micro -Surfacing, CIP PS27- 01, Approve a Construction Contract. with American Pavement Systems, Inc. and Approve a Budget Amendment
B. Construction Contract with American Pavement Systems, Inc. for the 2026 Annual Micro -Surfacing, CIP PS 27- 01
C. List of Streets for 2026 Annual Micro -Surfacing, CIP PS 27- 01 627
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE 2026 ANNUAL MICRO - SURFACING, CIP PS 27- 01, AWARD A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. AND
APPROVE A BUDGET AMENDMENT
APPROVALS:
Steven Hollenbeak Date
Assistant Engineer
Brad Taylor / Date
Public Works Director / City Engineer
r -awl cJ. 7/ aea,
Cari James Date
Director of Finance
Thomas Hedegard ' Date
Deputy City Manager
Michael King Date
Assistant City Manager
t•Z•czZG
2.. 6
Salvador Navarrete Date
City Attorney
Steph n J. Salvatore
City Manager
Date
628
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE 2026 ANNUAL MICROSURFACING, CIP PS 27- 01, AWARD A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. AND APPROVE A
BUDGET AMENDMENT
WHEREAS, on July 23, 2026 the City solicited bids for the construction of the 2026 Annual Microsurfacing, Capital Improvement Project ( CIP) PS 27- 01, (Project) pursuant to Bidding Procedures in California Public Contract Code 22037 and Lathrop Municipal Code 2. 36. 060; and
WHEREAS, a total of six ( 6) bids for the Project were received and opened by the City Clerk on August 11, 2026; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be American Pavement Systems, Inc. (American Pavement) with a bid of $ 655, 726; and WHEREAS, staff request that City Council approve the creation of 2026 Annual Microsurfacing, CIP PS 27- 01; and
WHEREAS, staff request that City Council award a contract to American Pavement in the amount of $655, 726for the construction of the Project; and WHEREAS, staff request that City Council approve a construction contingency in the amount of $ 163, 274 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 $ 819, 000; and
WHEREAS, staff request Council approve a budget amendment transferring 819, 000 from the RMRA Fund ( 2030) to the CIP Project Fund ( 3310) to fund the construction contract and contingency as follows:
Increase Transfer Out
2030- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
819, 000
PS 27- 01 $ 819, 000
PS 27- 01 $ 819, 000
629
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of 2026 Annual Microsurfacing, CIP PS 27- 01; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment as detailed above; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby award a contract to American Pavement for the construction of 2026 Annual Microsurfacing, CIP PS 27- 01 for $ 655, 726; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a construction contingency of $163, 274 for a total cost not to exceed 819, 000 for 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.
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment transferring $ 819, 000 from the Gas Tax Fund 2030) to the CIP Project Fund ( 3310) as listed above.
630
The foregoing resolution was passed and adopted this 14th day of September 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 631
Attachment
e g
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
SAMPLE CONTRACT
This Contract, dated September 14, 2026, is entered into by and between the City of Lathrop (" City"), a municipal corporation of the State of California ( City), and American Pavement Systems, Inc., (Contractor), whose Taxpayer Identification Number is 30- 0602049.
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 Pro' ect and Work. Construction Documents for 2026 Annual Micro - Surfacing, CIP PS 27- 01 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions ofthis Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to crack sealing, removal of existing, replacement in kind and installing of updated traffic. markers and thermoplastic striping and markings, placement of approximately 170, 00 square yards of Type II micro -surfacing with Black Rock, and performing all appurtenant work in place and ready for use, all as described in the Project Specifications, as shown in Attachment A - Map of Streets for 2026 Annual Micro -Surfacing, CIP PS 27- 01, as listed on Attachment B — List ofStreets for 2026 Annual Micro -Surfacing, CIP PS 27- 01, and as shown in Attachment C - Map and Detail Exhibit for Striping Modifications., and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 30 Working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 655, 725. 20 Six Hundred Fifty -Five Thousand, Seven Hundred Twenty -Five Dollars and Twenty Cents
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 632
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Contractor on August 11, 2026.
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 ofits obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements effecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perfoinu the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused 633
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
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 ofthis Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy ofthe Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 isa material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
634
2026 ANNUAL MICRO -SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance 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. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contract Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
Record of wages paid: Inspection
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the 635
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
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' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy ofrecords made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt ofwritten notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident 636
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City.
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;
3)
5)
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;
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;
7)
637
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
638
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
To City: City ofLathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Leisser Mazariegos, Project Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time 639
2026 ANNUAL MICRO -SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
8)
to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as .a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
640
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractor and subcontractors must comply with the regulations imposed by California Air Resources Board (" CARB") including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9, and all pending amendments Regulation").
20) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
21) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 22) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
23) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
24) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
641
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
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.
642
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
Seal:
By:
Name:
Title:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Brad Taylor, Public Works Director / City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
643
EXHIBIT A
SECTION 00300
2026 ANNUAL MICRO - SURFACING
CIP PS 27- 01
BID PROPOSAL FORMS.
TO:
BID. PROPOSAL FORMS
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
A' 1"' LNTION: City Clerk
FOR: 2026 ANNUAL MICRO -SURFACING, CIP PS 27- 01
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, orassociation; 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 of the Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award ofthe contract will be theprice of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid or none of the work.
ADDITIVE AND DEDUCTIVE ALTERNATES
As required by Public Contract Code section 20103. 8, ifthis bid solicitation includes additive or deductive items, the method checked below will be used to determine the lowest bid. Ifno method is checked, subparagraph ( A) will be used to determine the lowest bid.' City retains the right to add to or deduct from the Contract any of the additive or deductive alternates included in Bid Proposal.
00300- 1
644
SECTION 00300
2026 ANNUAL MICRO -SURFACING
CIP PS 27- 01
BID PROPOSAL FORMS.
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 lowestbid 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 toga 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 of the 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
645
SECTION 00300
2026
CIF PS
ANNUAL
27- 01
MICRO- SURFACI„ NG BID PROPOSAL FORMS. ,. .
2026 ANNUAL MICRO -SURFACING, CIP PS 27- 01
BID SCHEDULE
BID
ITEM DESCRIPTION QUANTITY UNITS UNIT
PRICE
EXTENDED
TOTAL
1 .. Mobilization / Bonds / Insurance: 1 :: LS 9 l0, 0(, U. Oa 0 y(p, 003. 2 Provide and Implement Traffic
Control Plan
1 LS 132160 ' 00: 3Z, 090. oo
3 Provide and Implement Erosion and
Sediment. Control Plan 1 LS - o oo S' oc vo
4: . .
Preserve and Protect all, Survey
Monuments
1 ;: : LS f S' w, oo .. U' r00 .00
5 Preserve and Protect all Utility
Covers
1 LS t
coo. 0O. pct
6 Furnish & Install Type II Micro="
Siufacing w/ Black Rock per
Project Plan and Specifications
177, 368 SY JI,. Io 1 ,( c.n •2a
7 : Furnish and Perform' Crack Sealing 1 LS: . t3I', 4oc . co IT 3r. ' 460- 9 8 Remove Existing Thermoplastic
Markings, Striping and Markers . 1 LS 13. 3, c00 •cv i33: SIP ^oo 9 Furnish,: Install & Remove
Temporary Pavement. Delineation. 1 LS i tips -0.a if 1 , ar0. 00. . 10 Furnish & Install Thermoplastic.
Traffic Markings and Striping to
Existing Conditions and per
Attachment C — Revised Traffic
Stripingand Markings Exhibit
1 LS
S 7"3, 1; ra3 ,z rc• 00
11 Furnish & Install Fire. Hydrant '
Pavement Markers
1 , _ LS .: 1104. 00 S60- 0
TOTAL BID torgIltr• 20
TOTAL BID : . 112 5. i ? 7
TOTAL BID INWORDS: . Romat- 0
FrPryffuri' NouSvIND, SEtiN Porat'
twemy 1
I"E OoNgAS t -rwE.,, yy fs •
00300- 3
646
SECTION 00300
2026 ANNUAL MICRO -SURFACING
Cif' PS 27- 01.
BID PROPOSAL FORMS
INFORMATION REQUIREDOF BIDDER
The Bidder shall furnish the following information. This information is considered essential in enabling the. Project Manager to determine if the Bidderis experienced in similar types of work and ifthe Bid is based on a careful study ofinethods applicable to the work and full realization of the various factors which may affect the progress of the work: Failure to comply with this requirement may render the Bid non -responsive -and. may.. cause its rejection. Additional sheets shall be attached as -required.
BIDDER' SINFORMATION
1) Bidder' sname and address:
AtvtU at' tjM/ 1n .IP+AuA N'. 1 tS-F/ L11vtca " / . w I 11 . . J}r. J • -r ( DOD V -" oohs v} . - a J S
v
2)
3)
4)
5).
Bidder' stelephone number: 2- 041 2. L 1-71
Bidder' semail address: 61111tAA19 PAANIOWI JUNVfrt '$ 4j'/ 1 -5. 004' 1 Bidder' sContractor' sLicense # / Expiration Date / Classification:
G, L, 3 e. 2. 1. 'LI ozyi .: r4 1
Bidder' sDIR Registration # /. Expiration:
WW® t9O02o t(1 3. OI9 PZi
6) Person who inspected site of proposed work for Bidder: . .
Name: Date of Inspection: eb H / 24v
t. J.
7) List 5 projects of a nature similar to this project completed by Bidder.
Project Contract
Price
Name, Address and
Telephone Number of :Owner
C, oLP&A '. i;
3o? S sCurr- :
lq
i 5.1) 26: 1
C.. 41 e f-t>iHui. bon \-- a'. kylt. l 'i., .- so,,. , wit ' s&'' 3 z. Qal-ti 5. 71. 660 Pe.(... a;' t
t
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I- .. . t
v
t AR. -7.
G O
i
O; LOA. t - 2Zt U-) A -t'-- c.. o ua i
W..
4Sz
20cA- 3 -5I -(o- 100
i'a" 1w ,,v't C- 6%-" k` i,
S tii3 o' t0- , s... l La•- ati 6. :37 2c,
A, 1$e4771
I , 4 c -s . Cc , tot• q61-- 6; n.' G• w
4oei' u,h
a. t14310.- E, Ac. a.:. I{v;1A.,%_ 5{u. 1G [: lL CL 2.s t CAT cAL1,.= krcrs • ..
1j
Va\) x+v.n , a, Ak_.\. e,
tt,. C
Ili t
aq
i
1. : 1 . act6 1_. ,it : Ccw
i
01 CwiF•- tpift' A
X30 yeti . c q t. -2' L,.,..
03- :2.4 Sot -C,,, scs,..\ ,.
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ii--' ni.' lk" t"- S' 1. 1t•..+ - r o- lu :s4rw. c - co,- 9ii `VS -3 . . s- ---i 1.- .-', e7, 1)
00300- 4
647
SECTION 00300
2026 ANNUAL MICRO -SURFACING BID PROPOSAL FORMS.
CIF PS 27- 01
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid hi excess of one- half of one percent ofthe Contractor' sTotal Bid Price or ten thousand dollars ($ 10, 000), whichever is greater. Shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4104 of the Public Contract Code.
After the opening ofbids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted. Failure to complywith 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
Email Address
and Phone #
California:
Contractor' s
License No.
DIR No. Percent
of Work
c14_ SciOhA b 14log 4l. goa0
Stahmh NC- C
IP'
os9Os hA. •b L. a
414. 019 .m2ys
i-f • s -f
l Id00009Wq i
co / 4
clam- Sti(;
STIM0IVA P 4#el? lltsp r°If o 3 y6)( 7°1170°°°° 3(1) I 4 Note: Attach additional sheets ifrequired.
00300- 5
gear
648
SECTION 00300
2026 ANNUAL MICRO -SURFACING BID PROPOSAL FORMS
CIP PS 27- 01
ADDENDA
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknowledges receipt ofthe following addendum ( addenda):
Respectfully submitted,
A- wl c& OJA Am t ClOVA/, 5.,
Dated Legal Name of Firm
Signature ofAuthorized Representative
Seal)
If Bidder is a corporation, show State in which incorporated.) The full names and post office addresses of all persons and parties interested in ;the foregoing Bid as principals are as follows:
NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case ofpartnerships and joint ventures, give names and Post Office addresses of all the individual members.
Nat\ --ires r)4.-
MlXC e c'L- ery. 4c UJL VP
beam!, i71- AAJN- WOOSVokl1012. 11 +- 5+., Sty. J1 M 1o, 443s -H JoJi 11ha- Sf
6 Iwo s, ' A lis'- 5s- ti
Id1U .IjL`- A,( 41-- IMO ieft £9J 41
00300- 6
649
SECTION 00300
2026 ANNUAL MICRO -SURFACING BID PROPOSAL FORMS
CIP PS 27- 01
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE American Pavement Systems, Inc..
as PRINCIPAL, and Western Surety 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 ofLathrop to which the bid was submitted, we bind ourselves, our heirs, executors, :administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ Ten Percent ( 10%) of the Total Amount of the 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 HaI1, 390 Towne Centre Drive, Lathrop, CA: 2026 ANNUAL MICRO -SURFACING, CIP PS 27- 01.
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 28th day of July , 202E
American Pavement Systems, Inc.( Seal)
Seal)
i \ fi Yres 4Av ,,+
Address: 1012 11th .Street, .#1000
Modesto, CA 95354
We ern Surety Company (Seal)
athleen West, Attorney -in -Fact •
Address: 2 21 N. California B vd.
Suite 760, Walnut Creek, CA 94596
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 7
650
CALIFORNIA CERTIFICATE OF 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 validityof that document.
State of California
County of Stanislaus
On Ivs- hou,
personally appeared
before me;
Tiffanie Lee, Notary Public
fi?„ 4
here insert name and title of the officer).
who proved to me on thebasis of satisfactory evidence. to be the person( s) whose name( s) is/ are subscribed to the within instrument arid, acknowledged to methat he/ she/ thy 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
TIFFANIE LEE
Notary Public • California
Stanislaus County L
Commission # 2462712
My Comm, Expires Oct ZS• 2027
Seal)
Optional information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attacheddocuinent.
Description of Attached Document
The preceding Certificate of; Acknowledgment is attached to a document titled/ for the purpose of
containing pages, and dated
The signer( s) capacity or authority is/ are as:
Individual( s)
Attorney -in -Fact
El Corporate Officers)
TItle( s)
Guardian/ Conservator
Partner - Limited/ General
CI Trustee( s)
Other:
representing:
Name( s) of Person( s) or Entity( ies) Signer is Representing r •
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
o forms) of identification O credible wiiness( e)
Notarial event is detailed in notary journal on:
Page # Entry ft
Notary contact: ..
Other
Additional Signer,( s) 0] Signer( s)' ihumbprint( s)
El
la Copyright 2007-018 Notary P. otary, PO Box 41400, Des Moines, IA 50311- 0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. 651
CALIFORNIA. ALL- PURPOSE 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 . . ...._._ . ContraCosta
On JUL 2 81016
Date.
personally appeared .•-Kathleen West _
before me, Yvonne Roncagliolo, Notary Public
Here Insert Name and Title of the Officer
Narne( s) ofSggner( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the withininstrument: andacknowledged to me that he/ she/ thy 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( e)- acted, executed the instrument:
YVONNE RONCAGLIOLO
Notary Public - California
San Francisco County g
Commission # 2455415
My Comm. Expires Aug 24, 2027
I certify under PENALTY OF PERJURY under the. Iavvs
of the State of California that the foregoing paragraph istrue and correct.
WITNESS my hand nd official seal.
Signature
Signature of Notary Public
Place. Notary Seal Above
OPTIONAL .
Though this section is optional, completing this information can deter alteration of the . document or fraudulent reattachment of this form t en unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: ,:._. - Signers) Other Than Named Above:._ —.
Capacity( ies) Claimed by Signer( s)
Signer' sName:;
C1 Corporate
Partner —
Officer-' Title( s) _
Limited General
Individual Attorney in Fact
Trustee Guardian or: Conservator
Other:_
Signer is Representing::
Signer' s
Name
Corporate Officer = Title( s):: "..
Partner .— Limited O General
D Individual b. Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
2014 National Notary Association • vvww. NationalNotary. org • 1=800 -US NOTARY (14) 0..,; 8766827) Item # 5907 652
esters Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City ofSioux Falls, and State of South Dakota, and that it does by virtue of the signature: and seal herein affixed hereby make, constitute and appoint Charles R Shoemaker, Kathleen West, Kelly Holtemann, Mark M Munekawa, Nerissa S Bartolome, Yvonne Roncagliolo, Patrick R Diebel, Karen Rhodes, Valerie Takeuchi, Erica Li, Christina Parsons, Zachary V Overbay, Andrew S Holloway, Rossio Polio, Lucy M Dunham, Christopher M Howell, Nathalia P Sholl, Jacquelin Muro Silva, Keith Lovitt, Individually of San Francisco, CA, its true and lawful Attorney( s)- in- Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts. -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day ofFebruary, 2026:
4,4
WESTERN SURETY COMPANY
h
tsa
his : a
St rte of South Dakota
County ofMinnehaha
ss
Larry Kasten, Vice President
On this 20th day ofFebruary, 2026, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President ofWESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Boardof Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
My commission expires
December 4, 2031
K. WASH
1 NO A Y vusuc
veZS SOUTH DAKOTA
K. Walsh, Notary Public
CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Laws and Resolutions ofthe corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal ofthe said corporation this 28th day of July, 2026:
4 ED.: c\ WESTERN SURETY COMPANY
Fi
S'.. a@:::// 4 GkQ ', oerN.. 6
Paula Kolsrud, Assistant Secretary.
Authorizing By -Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power ofAttorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders ofthe Company.
Section 7. All bonds, policies, undertakings, Powers ofAttorney, or other obligations ofthe corporation shall be executed in the corporate name. ofthe Company by the President, Secretary, and Assistant Secretary, Treasurer, orany Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary; or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings; Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile.
This Power of Attomey is signed by Larry Kasten, Vice President; who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27' b day ofApril; 2022:
RESOLVED: That it is in the -best interest ofthe Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed ofthe Company." Go to wwry. cnasuretv. com > Owner / Obligee Services > Validate; Bond Coverage, if you want to verify bond authenticity.
Form F4280- 8- 2023
653
SECTION 00300_ .
2026 ANNUAL MICRO -SURFACING
CIP PS -27- 01
NON -COLLUSION DECLARATION
STATE OFCALIFORNIA
COUNTY OF SAN JOAQUIN
1. 11 declares that he or she is
v ihL V ts of t,,,, f- Sens 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, orgaization, 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 shallrefrain from bidding;: that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or. conference with anyone to fix the bid price, ofthe bidder orany other bidder, or ofthat ofany 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 hasnot, directly or indirectly, submitted his or herbid 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 anycorporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a callus' sham bid.
BID PROPOSAL FORMS.
Signatureof President, Secretary,
Manager, Project Manager or Representative
C1/ 4' 0et- 1Nay: e \R( L reshotylk,-
00300- 8
654
SECTION 00300
2026 ANNUAL MICRO - SURFACING
CIP PS 27- 01
BID PROPOSAL FORMS
PUBLIC CONTRACT CODE SECTION 10162. QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty ofperjury, the following questionnaire:
Has the Bidder, any officer ofthe Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or. completing :a federal, state, or local government project because of a violation oflaw or a safety regulation'? No
Iftheanswer is yes, explain the circumstances in the following space.
PUBLIC: CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than onefinal 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- 9
655
SECTION 00300
2026 ANNUAL MICRO -SURFACING
CIP PS 27- 07
BID PROPOSAL FORMS
AFFIRMATIVE ACTION PROGRAM CERTIFICATE
The Bidder hereby certifies that Bidder is in compliance with the Civil Rights Act of 1964, Executive Order No. 11246, and all other applicable Federal and State laws and regulations relating to equal opportunity employment.
BIDDER
lpies, tku( Signature)
i(15 -1141 -co
Date)
Bidder' sName:
Address: t9 S+. 5 . loop
The above certification ofthe. 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.)
00300- 1
656
SECTION 00300
2026 ANNUAL MICRO -SURFACING BID PROPOSAL FORMS
CIP PS 27- 01
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
SUBMIT WITH BID
Pursuant to Labor Code sections 1725. 5and 1771., all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
See https:// www. dir. ca. gov/ Public- Works/ PublicWorks. htmlfor additional information.
No bid will be accepted nor any contract entered into without confirmation of the contractor' s and subcontractors' current registration with the Department ofIndustrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725. 5and 1771. and is currently registered as a contractor with the Department of Industrial Relations.
Name of Bidder: Atkkarioun ?( tt1- 914S S, - L
DIR Registration Number: —
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration ofthe project.
2. Bidder shall include the requirements of Labor Code sections 1725. 5and 1771. in it contract with subcontractors and ensure that all subcontractors are registered. at the time ofbid 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.
0 dUU;
Bidder' sSignature: `
I
Bidder' sName and Title: ` t1 ' •% , - . L Y \ V. f ie- eves u.& - Firm:
Date:
4un. r-u.A(\ Pa- 000. 4d- jiiAt›
51, 01 -co
00300- 11
657
SECTION 00300
2026 ANNUAL MICRO- SURFACLNG
Cif PS 27- 01, •
BID PROPOSAL FORMS
CERTIFICATION OF DRUG -FREE WORKPLACE REQUIREMENTS
BIDDER CERTIFICATIONS
1: The Bidder certifies that it will or will continue to provide a drug -free work place by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ofa controlled substance is prohibited in the.
Bidder' sworkplace 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 ofthe contractbe 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 ofthe statement.
b.. Notifythe employer in writing ofhisor her conviction for violation of a criminal drug statute occurring in the work place no later than 5 calendar days after such conviction
1) Notifying the Owner in writing within 10 calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
2) Taking 1 ofthe following actions, within 30 calendar days ofreceiving notice, with respect to any employee who is so convicted:
a) Taking appropriate personnel action against such an employee, up to and including tenn nation, 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 orlocal 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 afterthe incident, but not more than 4 hours after the incident.
00300- 12
658
SECTION 00300
2026 ANNUAL MICRO -SURFACING BID PROPOSAL FORMS
CIP PS 27- 01
B. Establishing an ongoing drug -free awareness program to inform employees about:
1. The dangers of drug abuse in the work place.
2. The Bidder' spolicy ofmaintaining a drug -free work place.
3. Any available drug counseling, rehabilitation, and employee assistance programs. The penalties that may be imposed upon employees for drug abuse violations occurring in the work place.
C. Making a good faith effort to continue to maintain a drug -free work place through implementation of the requirements stated in this Document.
WORK LOCATIONS
1. The Bidder acknowledges that the performance ofwork done in connection with this Contract will occur at the location( s) listed and / or described below:
Various residential and minor collector streets in the City of Lathrop, bounded by the following streets: River Islands Parkway, Dell` Osso Drive, Stewart Road and River Bend Drive.
BIDDER
Signature)
Date)
sls- iwic. o
END OFSECTION)
00300- 13
659
California Environmental: Protection Agency
Air Resources Board
January 1, 2026
CERTIFICATE OF : REPORTED COMPLIANCE
FF- ROAD :DIESEL VEHICLE REGULATION
This certificate indacates thatthe fleet' lisedabove has reported off -road diesel vehicles to. the California Air Resources Board, and has certified they are in compliance with title 13 CCR, section 2449.: All applicable'. vehlcles owned bythe Individual,, company, or agency must be reported and labeled, as specified in Section .2449; with alP possible .completeness, else this certificate_ is null and void. Certificate expires: 2/8/027 Michelle Buffington
Chief, Mobile Source Control Division '
California Air Resources Board
To verify the authenticity of this certificate, enter this number at http:// www. arb. ca. govidoors/ compliance_ cert1, html 660
CALIFORNIA
AIR RESOURCES BOARD
Certificate of Reported Compliance With:
Advanced Clean: Fleets Regulation
Truck, and :Bus I Regulation
Issued to: _ .. American Pavement Systems
This certificate confirms that the fleet owner has attested _under penalty: of perjury: that the statements and: information they provided to the California: Air. Resources Board; (CARE) are true, accurate, and complete regarding all relevant vehicles in the fleet required toshow compliance. GARB hereby finds that the fleetlistedhas met requirements of:
Trtlee13" CCR' Sections 2013 2016 (Advanced Clean: Fleets Regulation) Title. 1aCCR 2025 (Truck and Bus Regulation)
If CARB subsequently finds _that .the' stateenents and. inforrnatian that have been provided are not true, accurate, and complete, this certificate, shlVbe. effectiyely revoked and the fleet subject to penalties.
This certificate is vahcl until December 31, Z026
TRUCRS Fleet Identification
Printed on 025- 12- 29 137170
To verify the authenticity of this certificate, visit
ww w. arb. ca. gov/ msprog/ onrdicsei/ tblookup. Php
0 Pticileile Buffington
Division. Chief, Mobile Source Control
DivislonCeliforrtta Air urces Board
T-,
79 Vehicles
661
AMERICAN PAVEMENT SYSTEMS, INC.
CERTIFICATE OF SECRETARY
Resolved; that effective January. 2, 2026 through December 31, 2026, the individuals named on the attached Exhibit 1' are authorized to negotiate; execute and attest electronic and paper documents necessary forthe conduct of the company' saffairs with respect to the submission and execution of construction project bids,idproposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company, relating to any and all domestic :construction projects arising out of the Company' soperations.
I, David Pimley, do hereby certify that I am duly qualified as Secretary of American Pavement Systems, Inc., a California corporation ( the " Company"); that the foregoing is a true and correct copy of resolutions duly adopted effective January 2, 2026 by the Board of Directors, at a meetingin accordance with the provisions of the Company Bylaws; that the directors acting were duly and regularly elected; and that the. resolution adopted has not been modified trrepealed and is still: in full force and effect DATED: January 2, 2026
David Pimley, Secretary:
662
EXHIBIT 1
AUTHORIZED SIGNERS
American Pavement Systems,. Inc., A California Corporation DESIGNATED SIGNERS.
Gregory B. Reed, President
Marc A. Bertsch, Executive Vice President
David Piniley, Vice President, Secretary, Treasurer
Michael Marchini, Vice President
Ryan Bangle, Operations Manager
663
ATTACHMENT C
2026 ANNUAL MICRO - SURFACING
CIP PS 27- 01
MICRO SURFACING STREET LIST
STREET NAME FROM TO SY
Academy Dr Sommerston Pkwy Silver Springs Wy 5, 635
Amador Dr Havasu Dr Calaveras Dr 5, 316
Amesbury Ct Silver Springs Wy End 2, 430
Andromeda Ct Mulholland Dr End 1, 951
Andromeda Wy Mulholland Dr Plumas Dr. 2, 544
Ansley Dr. Whitfield Dr Keswick Dr 2, 618
Antelope Ct Amador Dr End 1, 077
Arrowbrook Ct Mulholland Dr End 2, 559
Balfour Dr Big Bear Dr Broadmoor Wy 2, 879
Balsam Ct Silver Springs Wy End 2, 366
Big Bear Dr Balfour Dr Balfour Dr 1, 392
Bowling Ct Outrigger Ln End 1, 277
Bowling St Mulholland Dr Outrigger Ln 786
Branson Ct Silver Springs Wy End 1, 610
Broadmoor Wy Academy Dr Huntington Wy 3,92
Broadwell Ct Emerson St End 1, 914
Broadwell St Emerson St Gresham St 690
Calaveras Dr Amador Dr Havasu Dr 3, 225,
Chabot Wy Calaveras Dr Clementine Ct 800
Clementine Ct Chabot Wy End 1, 636
Colusa Dr Garden Farms Ave Solano Dr 2, 941
Cornwall Ct Silver Springs Wy End 1, 719
Courtwright Ct Hennessey Wy End 2, 897
Cranbrook Ct Silver Springs Wy End 1, 805
Crystal Dr Melones Dr Big Bear Dr 1, 869
Eastman Ct Gresham St End 2, 167
Echo Wy Marina Dr Havasu Dr 672
Emerson St Hennessey Wy Broadwell St 809
Garden Farms Ave DeII' Osso Dr Somerston Pkwy 7, 213
Gresham St Broadwell St Eastman Ct 1, 650
Harker Ct Silver Springs Wy End 1, 807
Hartford Ct Silver Springs Wy End 2, 392
Havasu Dr Amador Dr Calaveras Dr 2, 633
Hennessey Wy Academy Dr Emerson St 1, 661
Hidden Pond Ct Mulholland Dr End 1,33
Holborn Dr Imperial Dr Japonica Wy 3, 225
Huntington Wy Keswick Dr Yorkton Dr 5, 750
Imperial Dr Marina Dr Garden Farms Ave 4, 954
Isabella PI Chabot Wy End 1, 763
Japonica Wy Water Lily Dr Holborn Dr 1, 042
Jennings Dr Huntington Wy Locksley Dr 1,50
664
ATTACHMENT C
2026 ANNUAL MICRO -SURFACING
CIP PS 27- 01
MICRO SURFACING STREET LIST
Kerry Ct Gresham St End 2, 080
Keswick Dr Huntington Wy Locksley Dr 1, 264
Klamath Ct Silver Springs Wy End 2,38
Lakeside Dr Somerston Pkwy Dell' Osso Dr 10, 613
Leto Way Gresham St Marina Dr 1, 860
Lewiston Dr Huntington Wy Locksley Dr 1,40
Locksley Dr Yorkton Dr Stafford Dr 2, 553
Longview Ct Outrigger Ln End 1, 091
Loyola Ct. Outrigger Ln End 1, 570
Marina Dr Dell' Osso Dr Somerston Pkwy 7, 104
Mariners Dr Somerston Pkwy Keswick Dr 653
Maynell Dr Huntington Wy Locksley Dr 1,72
Melones Dr Academy Dr Balfour Dr 1, 850
Mendocino Ct Amador Dr End 1, 217
Merritt Dr Huntington Wy Locksley Dr 1,61
Minaret Ct Outrigger Ln End 1, 339
Mulholland Dr Dell' Osso Dr Andromeda Wy 6,28
Outrigger Ln Dell' Osso Dr Bowling St 3, 154
Plumas Dr Andromeda Wy Solano Dr 6,48
Regatta Wy Academy Dr Amador Dr 757
Rosamond St Riverfront Dr Mulholland Dr 1, 410
Silver Springs Wy Water Lily Dr Lakeside Dr 9, 437
Solano Ct Colusa Dr End 1, 899
Solano Dr Colusa Dr Plumas Dr. 2, 699
Stafford Dr Huntington Wy Locksley Dr 1, 203
Tioga Dr Balfour Dr Crystal Dr 1, 237
Water Lily Ct Silver Springs Wy End 1, 550
Water Lily Dr Silver Springs Wy Japonica Wy 1, 914
Whitfield Dr Huntington Wy Locksley Dr 1, 247
Yorkton Dr Huntington Wy Locksley Dr 1, 331
665
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INTENTIONALLY
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666
ITEM 4. 17
CITY MANAGER' S REPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CAPITAL IMPROVEMENT PROJECT PS 27- 06
CITY- WIDE TRAFFIC SYSTEMS AND SAFETY
UPGRADES AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Create CIP PS 27- 06 City -Wide Traffic Systems and Safety Upgrades and Approve
Budget Amendment
SUMMARY:
Staff is proposing the creation of CIP PS 27- 06 City- wide Traffic Systems and Safety Upgrades to provide ongoing, programmatic funding for traffic signal and traffic safety infrastructure, including replacement of inoperative traffic signal controllers, installation and lifecycle replacement of video and radar detection systems, communication upgrades to connect signals to the City network, and safety improvements such as guard rails, signs, striping, bicycle facilities, and other traffic safety measures.
Staff also requests that City Council approve a budget amendment of $260, 00 from the General Fund Street Reserves ( 1010) to the Streets CIP Fund ( 3310) to establish initial funding for CIP PS 27- 06, with future appropriations to be considered through the annual budget process.
BACKGROUND:
As the traffic signal and safety upgrades initiated under CIP PS 23- 01 are substantially completed, the, City' sfocus is shifting from initial deployment to ongoing maintenance, refinement, and replacement of those improvements as needed to sustain performance. The traffic signal controllers, detection systems, communications infrastructure, and associated striping, signing, guardrails, bicycle facilities, lighting, and education efforts require periodic rehabilitation and targeted enhancements to preserve reliable operation and safety for motorists, pedestrians, and bicyclists. CIP PS 27- 06 is proposed as a city- wide maintenance and improvement program to sustain the performance of the installed traffic systems, replace and repair equipment as needed, and implement new or expanded traffic signal and safety improvements at locations where emerging needs or gaps are identified.
The City now operates approximately 40 traffic signals, standardized on McCain Flex traffic signal controllers and the Iteris Next Vector video and radar detection system to support modern traffic operations and safety features. Over the past year, staff has had to replace at least two controllers and three Iteris central control units due to wear, component failures, and age, demonstrating that these assets require ongoing capital investment for lifecycle replacement rather than one- time installation 667
CITY MANAGER' SREPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE CAPITAL IMPROVEMENT PROJECT PS 27- 06 CITY- WIDE TRAFFIC
SYSTEMS AND SAFETY UPGRADES AND APPROVE BUDGET AMENDMENT alone. In addition, traffic management technology continues to evolve rapidly, including AI -based adaptive signal systems and advanced software platforms such as NoTraffic, and maintaining an ongoing, city- wide traffic systems and safety CIP will position the City to evaluate, pilot, and implement new technologies when they become cost- effective and operationally beneficial.
Staff requests that City Council approve the creation of CIP PS 27- 06 City -Wide Traffic Systems and Safety Upgrades to keep pace with traffic operations and maintain and improve the City' straffic infrastructure.
REASON FOR RECOMMENDATION:
Creation of CIP PS 27- 06 City -Wide Traffic Systems and Safety Upgrades is needed to continue and expand city- wide upgrades that maintain and improve the reliability, safety, and function of traffic control devices and traffic safety infrastructure as the City' s population and traffic volumes increase.
FISCAL IMPACT:
Staff request City Council approve a budget amendment transferring $ 260, 00 from the Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) as follows:
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Expenditures
3310- 8000- 430- 37- 00
Decrease Street Reserve
1010- 251- 03-0
ATTACHMENTS:
A. Resolution to Create City -Wide Traffic Systems and Safety Upgrades, CIP PS 27- 06 and Approve Budget Amendment
260, 00
PS 27- 06 $ 260, 00
PS 27- 06 $ 260, 00
260, 00
668
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE CAPITAL IMPROVEMENT PROJECT PS 27- 06 CITY- WIDE TRAFFIC
SYSTEMS AND SAFETY UPGRADES AND APPROVE BUDGET AMENDMENT APPROVALS:
1/; Ve( nica Albarran Date
Assistant Engineer
Bra Taylor
Pu is Works Director/ City Engineer
Cari J
Finance D17- ctor
oq / oa- laves
q/ S/ M6.
Date
Date
91SADZ4. 0
1f3/ Zoz 4
Thomas Hedegard Date
Deputy City Manager
I - K ZoZCo
Michael King Date
Assistant City Manager
Salvador avarrete
City Attorney
Date
Steph J. Salvatore Date
City Manager
669
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP PS 27- 06 CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES AND
APPROVE BUDGET AMENDMENT
WHEREAS, the City now operates approximately 40 traffic signals, standardized on McCain Flex traffic signal controllers and the Iteris Next Vector video and radar detection system to support modern traffic operations and safety features; and
WHEREAS, as the traffic signal and safety upgrades initiated under CIP PS 23- 01 are substantially completed, the City' sfocus is shifting from initial deployment to ongoing maintenance, refinement, and replacement of those improvements as needed to sustain performance; and
WHEREAS, the City proposes to create Capital Improvement Project ( CIP) PS 27- 06, City- wide Traffic Systems and Safety Upgrades ( Project), to provide ongoing, programmatic funding for traffic signal and traffic safety infrastructure, including replacement of inoperative traffic signal controllers, installation and Iifecycle replacement of video and radar detection systems, communication upgrades to connect signals to the City network, and safety improvements such as guard rails, signs, striping, bicycle facilities, and other traffic safety measures; and WHEREAS, staff request City Council approve the creation of CIP PS 27- 06, City- wide Traffic Systems and Safety Upgrades and a budget allocation in the amount of $ 260, 00from the Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) as detailed below:
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Expenditures
3310- 8000- 430- 37- 00
Decrease Street Reserve
1010- 251- 03-0
260, 00
PS 27- 06 $ 260, 00
PS 27- 06 $ 260, 00
260, 00
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the creation of City- wide Traffic Systems and Safety Upgrades, CIP PS 27- 06 and the requested budget amendment as detailed above. 670
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas
City Clerk
Salvador Navarrete
City Attorney
671
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INTENTIONALLY
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672
Lathrop Police Department Building
MONTHLY REPORT August 2026
Lathrop Police
Department Patch
673
ITEM 4.18
AUGUST 2026 GROUP A OFFENSES
Group A offenses are crimes tracked under the
National Incident-Based Reporting System
NIBRS)
Used to report detailed information about incidents
Help standardize reporting across jurisdictions
There have been 4 cases of weapon violations
with 4 arrests and 1 under active investigation.
There have been 25 cases related to assault
offenses. There have been 14 arrests. Out of all
the cases 10 were DV related.
Burglary offense type only include residential and
commercial.
Please note:
There can be multiple offenses in the same case
When dealing with small numbers they may yield
high percent changes.
NIBRS GROUP A OFFENSE
PERCENT
CHANGE
AUGUST
2026
AUGUST
2025OFFENSE TYPE
3028ASSAULT OFFENSES 7.1%
3030LARCENY/ THEFT OFFENSES 0.0%
1512DRUG/ NARCOTIC OFFENSES 25.0%
135WEAPON LAW VIOLATIONS 160.0%
109VANDALISM 11.1%
55FRAUD OFFENSES 0.0%
22MOTOR VEHICLE THEFT 0.0%
21STOLEN PROPERTY 100.0%
12BURGLARY/ 50.0% BREAKING &
ENTERING
13COUNTERFEIT/ FORGERY 66.7%
12SEX
NC10SEX
OFFENSES 50.0%
OFFENSES-NON FORCIBLE
NC10EXTORTION/ BLACKMAIL
NC10PORNOGRAPHY/ OBSCENE
MATERIAL
02ARSON 100.0%
02EMBEZZLEMENT 100.0%
113103TOTAL 9.7%
NC = Non - Calculable
674
GROUP A OFFENSES- COMPARISON BY MONTH
Compared to last month, offenses for crimes against persons are -30.4% lower.
Please note:
This does not reflect the number of cases per month.
There can be multiple offenses in the same case
When dealing with small numbers they may yield high percent changes.
ASSAULT OFFENSES KIDNAPPING/ ABDUCTIONS SEX OFFENSES
38 1
7 30
0 2
CRIMES AGAINST PERSON COMPARISON
JULY 2026 AUGUST 2026
PERCENT
CHANGE
AUGUST
2026
JULY
2026
CRIMES AGAINST
PERSONS
3246TOTAL 30.4%
675
GROUP A OFFENSES- COMPARISON BY MONTH CONT. (1)
4 DRUG/ NARCOTIC
OFFENSES
WEAPON LAW VIOLATIONS ANIMAL CRUELTY PORNOGRAPHY/ OBSCENE
MATERIAL
16 12
0 0
15 13
0 1
CRIMES AGAINST SOCIETY COMPARISON
JULY 2026 AUGUST 2026
PERCENT
CHANGE
AUGUST
2026
JULY
2026
CRIMES AGAINST
SOCIETY
2928TOTAL 3.6%
Compared to last month, offenses for crimes against society is 3.6% higher.
Please note:
This does not reflect the number of cases per month.
There can be multiple offenses in the same case
When dealing with small numbers they may yield high percent changes. 676
GROUP A OFFENSES- COMPARISON BY MONTH CONT. (2)
Compared to last month, offenses for crimes against property is 30.7% lower.
Please note:
This does not reflect the number of cases per month.
There can be multiple offenses in the same case
When dealing with small numbers they may yield high percent changes.
ARSON BURGLARY VANDALISM FRAUD OFFENSES THEFT OFFENSES EMBEZZLEMENT 0 3
22 12
29 101
10 5
30 0
CRIMES AGAINST PROPERTY COMPARISON
JULY 2026 AUGUST 2026
PERCENT
CHANGE
AUGUST
2026
JULY
2026
CRIMES AGAINST
PROPERTY
5275TOTAL 30.7%
677
GROUP A OFFENSES- COMPARISON BY MONTH CONT. (3)
Compared to last month, offenses for crimes against property is 30.7% lower.
Please note:
This does not reflect the number of cases per month.
There can be multiple offenses in the same case
When dealing with small numbers they may yield high percent changes.
VEHICLE THEFT ROBBERY STOLEN PROPERTY COUNTERFEIT/
FORGERY
EXTORTION/
BLACKMAIL
6 0
1 1
0 2
0 2
1 1
CRIMES AGAINST PROPERTY COMPARISON
JULY 2026 AUGUST 2026
PERCENT
CHANGE
AUGUST
2026
JULY
2026
CRIMES AGAINST
PROPERTY
5275TOTAL 30.7%
678
FELONY AND MISDEMEANOR COMPARISONS
7 Felonies and misdemeanors for August
2026 compared to previous year August
2025.
August 2026 Misdemeanor count is
approximately 37% higher than last
August 2025 count.
August 2026 Felony count is
approximately 3% lower than last August
2025.
Felony Misdemeanor
55 111
53 152
FELONY AND MISDEMEANOR COMPARISON BY
YEAR
AUGUST 2025 AUGUST 2026
679
INVESTIGATIONS – AUGUST 2026
Clearance Activity: Cases received or worked
on in the month of July 2026 that have been
solved or are still open.
Clearance Status: Where the case stands in the
investigation process or resulted in.
Activity: Assigned cases are cases detectives
take over and are the primary officer. Assisted
cases are cases in which detectives aid the
primary officer of the case.
In 2026
investigations
had a lower case
load than the
previous month
56% by 38%
44%
CLEARANCE ACTIVITY - JULY 2026
CLOSED CASES
OPEN CASES
COUNTCLEARANCE
10CLOSED CASES
8OPEN CASES
18TOTAL
COUNTCLEARANCE STATUS
7ARREST
1INFORMATION
7PENDING
1REFFERED TO DA
1SUSPENDED
1UNFOUNDED
55%
45%
CLEARANCE ACTIVITY - AUGUST 2026
CLOSED CASES
OPEN CASES
COUNTCLEARANCE
6CLOSED CASES
5OPEN CASES
11TOTAL
COUNTCLEARANCE STATUS
2ARREST
3PENDING
2SUSPENDED
2UNFOUNDED
2WARRANT
680
AUGUST 2025 AUGUST 2026
1504 1622
2065 2133
3569 3755
INITIATED COMPARISON
CALLS FOR SERVICE OFFICER INITIATED TOTAL INCIDENTS
PATROL – AUGUST 2026
9 Incidents below are split into two categories: Calls for Service and Officer Initiated
Calls for Service: calls from the community to report
incidents
Officer Initiated: incidents discovered through officer proactivity
Both Officer Initiated events and Calls for Service have increased
Most incidents have been Officer Initiated
5.2%
7.8%
3.3%
August cases have increased compared to the year
prior by 4.3% and arrests/citations have increased
by 19.4%
August incidents have also shown an increase
TOP 10 CALL TYPES FOR JULY 2026 COMPARISON
PERCENT
CHANGE
AUGUST
2026
AUGUST
2025CALL TYPE
689559Traffic Stop 23.3%
363849Security Check 57.2%
22185CODE ENFORCEMENT 160.0%
207243911 Hang-up 14.8%
201150TRAFFIC 34.0% ENFORCEMENT
156108Public Assist 44.4%
150111Medical Aid 35.1%
146124Follow up 17.7%
11992PARKING 29.3% ENFORCEMENT
118133Disturbing the Peace 11.3%
314301CASES 4.3%
8672ARREST/ CITATION 19.4%
681
REPONSE TIME
10 YEAR TO YEAR COMPARISON
The data shows the beginning of year to
end of month (January 1 – August 31)
response times comparing the previous
years (2025 vs 2026) response time
within the same time frame.
Response time is the time the call was
created to on scene arrival
Average response time includes all calls
Priority 1 calls require an immediate
response to life-threatening or potentially
life-threatening incidents
August 2026 there were 44 priority 1
calls compared to last year August
2025, 30 priority 1 calls
AVERAGE RESPONSE TIME ( MM:SS)
2026 YEAR
12:42
2025 YEAR
13:10
3.54%
2026 YEAR
5:05
2025 YEAR
6:44
AVG. PRIORITY 1 RESPONSE TIME ( MM:SS)
24.5%
2025 Year: Jan 1, 2025 – August 31, 2025
2026 Year: Jan 1, 2026 – August 31, 2026
682
TRAFFIC COLLISIONS
11 VEHICLE
COLLISONS
45 JULY 2026 AUGUST 2026
VEHICLE
COLLISIONS
47 HIT AND RUN
22 HIT AND RUN
19 4.44%
13.6%
Vehicle collisions and hit and run incidents have
decreased in August 2026 compared to the
month prior July 2026.
The object hit most in reported collision is other
vehicles, property and other objects are second,
and the least hit in the month of August have
been *bicyclists and pedestrians.
There have been more injuries reported in
August 2026 compared to July 2026, with
injuries mostly being minor.
Please note bicyclists also include those on
scooters, e-scooters, e-bikes, and similar vehicles
July 2026 August 2026
1 2
15 9
3 2
23 26
REPORTED COLLISIONS
Vehicle- Bicycle Vehicle- Object
Vehicle- Pedestrian Vehicle- Vehicle
2026TRAFFIC 2026July Augst INJURIES
1812Minor Injuries
10Major Injuries
00Fatal Injuries
1912TOTAL
683
TRAFFIC STOPS AND ENFORCEMENT
12 VEHICLE CODE CITATIONS
AUGUST 2025
270
AUGUST 2026
40048. 1%
Compared to last year for the month of
August officer activity has significantly
increased.
Traffic enforcement is 34% higher
Traffic stops have increased showing
23.3% higher.
Vehicle citations have increased with
approximately 48% more being issued.
PERCENT
CHANGE
AUGUST
2026
AUGUST
2025TRAFFIC CALLS
689559TRAFIC STOP 23.3%
201150TRAFFIC ENFORCEMENT 34.0%
AUGUST 2025 AUGUST 2026
559
689
150
201
TRAFFIC ENFORCEMENT COMPARISONS
TRAFFIC STOP TRAFFIC ENFORCEMENT
684
PARKING ENFORCEMENT – AUGUST 2026
13 PATROL COMMUNITY SERVICE
OFFICERS
PARKING
CITATIONS
94 51
These numbers represent the total of how many parking citations each unit served in the month of AUGUST 2026
685
CODE ENFORCEMENT – AUGUST 2026
14 Incidents responded to by the
Community Service Officers (CSOs)
Compared to last year August CSOs
have responded to more calls
Animal service calls, code enforcement
calls, proactivity, and follow ups for
previous incidents all have increased
Admin citations are included
Note: These numbers are under review
by CSO Supervisor
August 2025 vs August 2026
20262025
13492ANIMAL SERVICES
18983CODE ENFORCEMENT
204158COMMUNITY SERVICE
6946FOLLOW UP
5817PROACTIVE
654396TOTAL
4725TOTAL REPORTS
57TOTAL GO GOV REQUEST OPEN/ CLOSE 11175 / 108 /
8566TOTAL CITATIONS
654388TOTAL INCIDENTS RESPONDED TO
26TOTAL ANIMAL BITES CASES
686
CODE ENFORCEMENT – AUGUST 2026 CONT.
15 Breakdown of Code Enforcement
incidents: August 2025 vs August
2026
Types of code enforcement
incidents responded to by the
Community Service Officers
CSOs)
Note: These numbers are under review
by CSO Supervisor
August
2026
August
2025
Types of Code
Enforcement Incidents
50372 hours
20Basketball Hoop
50Business License
00Civil
10Damaged Fence
252Encroachments
00Food Truck
142Garbage Collection
10Home Occupation
00Industrial Hauling
00Lien
00Noise Complaints
3318Nuisances Trash
August
2026
August
2025
Types of Code
Enforcement Incidents
214Semi Truck parking
20Short Term Rental
187Storing Junk & Debris
51Substandard Building
20Unpermitted Vendor
143Unpermitted Work
40Vacant Properties
4815Vehicle Abatement
00Water Efficiency
00Water Softner
5741Weed Abatement
136Zoning Landscaping
76Zoning Signs
06Unlawful Camping
687
EVADING PEACE
OFFICER ARREST
On August 17, 2026, an officer was
conducting traffic enforcement when a
vehicle passed by at an accelerated speed.
The officer attempted a traffic stop; the
vehicle failed to yield and evaded the
officer.
During the pursuit, the officer was able to
identify the vehicle’ s license plate and
wrote a vehicle seizure warrant.
On August 18, 2026, San Bruno PD
located and seized the vehicle. The
suspect was also arrested after fleeing on
foot. It was also discovered that the driver’ s
license of the suspect was suspended.
16Incident Detail and Badge Stock Photo
688
THEFT SUSPECT
ARREST
On August 30, 2026, officers responded to
a report of shoplifting. Upon arrival,
officers located the described suspect
vehicle and conducted a traffic stop.
The stolen items were visible inside the
vehicle, and the suspect was positively
identified by the reporting party. The
suspect was arrested without incident.
Upon further investigation it was
determined that the same individual had
shoplifted at the same location hours prior
to this calls for service.
17Incident Detail and Badge Stock Photo
689
ACCOMPLISHED AND UPCOMING
EVENTS
Lathrop Police Department Building
Lathrop Police
Department Patch
690
Lathrop Police Department
STEP Operation
Held on 08/ 18/ 2026
Collaborated with Ripon PD
Focused on speed and speed related
traffic violations.
26 vehicle stops
23 citations issued
Lathrop Police
Department Patch
Lathrop Police
Department Badge
691
Lathrop National Night
Out
August 4, 2026
A night of neighborhood events
filled with community spirit, put
together by hard working
residents, organizers, and hosts.
Partnered with City of Lathrop,
Lathrop Manteca Fire, San
Joaquin County Probation, and
San Joaquin District Attorney’ s
Office.
20August 4, 2026, National Night Out Lathrop Police Department and City Employees
692
Touch a Truck Event
August 15, 2026
Community opportunity to
get up close and check out
the vehicles that keep
Lathrop moving.
Put together by the Lathrop
Parks and Recreation
Department
21 Manteca SWAT vehicle at Touch a Truck event
693
CHAT WITH THE CHIEF
Recent: August 19, 2026
Upcoming: September 16, 2026
22 694
ITEM 4. 19
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF AGREEMENT TO PROVIDE LAW
ENFORCEMENT SERVICES FOR THE ANNUAL
PUMPKIN MAZE EVENT AT DELL' OSSO FARMS
RECOMMENDATION: Adopt Resolution to Approve Agreement to Provide Law Enforcement Services to Dell' Osso Farms, LLC.,
for the Annual Pumpkin Maze Event from October 9,
2026 through October 30, 2026
SUMMARY:
The City of Lathrop and Dell' Osso Farms, LLC, have collaborated to prepare an agreement for the Lathrop Police Department to provide law enforcement services for the Annual Pumpkin Maze event at DeII' Osso Farms. The Pumpkin Maze event has become one of the largest and most popular seasonal events in Northern California.
In prior years, attendance has exceeded 100, 00visitors throughout the month -long event.
The event will be held this year from October 2, 2026 through October 31, 2026. Law enforcement services are requested from October 9, 2026 through October 30, 2026.
Services provided by the Lathrop Police Department will include, but are not limited to, traffic enforcement, crowd control, and incident response.
The agreement outlines the terms for DeII' Osso Farms, LLC, to reimburse the City of Lathrop for personnel costs incurred during the event. The Police Department anticipates assigning sworn and non -sworn personnel to the event for a total of 328 hours at an approximate total cost to Dell' Osso Farms of $46, 581. 76. Dell' Osso Farms will be billed for actual personnel hours worked.
BACKGROUND:
The Annual Pumpkin Maze at Dell' Osso Farms is a well- known attraction in the Central Valley, drawing large crowds and increasing the need for a formalized law enforcement presence. In past years, the City of Lathrop has entered into agreements with Dell' Osso Farms, LLC, to provide additional staffing and ensure the safety and enjoyment of all guests.
The Lathrop Police Department' sinvolvement has helped mitigate traffic congestion, improve emergency response capabilities, and ensure compliance with applicable laws and safety protocols. The Department continues to coordinate closely with event organizers to determine appropriate staffing levels and public safety needs for each year' sevent.
695
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
APPROVAL TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OSSO FARMS, LLC
FOR THE ANNUAL PUMPKIN MAZE EVENT
This year, the Pumpkin Maze event is scheduled from October 2, 2026 through October 31, 2026. Dell' Osso Farms has requested a total of 288 sworn overtime hours for the duration of the event. Additionally, Community Service Officers are being requested for traffic mitigation for a total of 40 non -sworn overtime hours.
Police and Probation Officers will work from a schedule with 18 eight -hour shifts and 12 six -hour shifts for a total of 216 hours, and Police Sergeants will work from a schedule with 6 eight -hour shifts and 4 six -hour shifts for a total of 72 hours.
Community Service Officers will be scheduled as needed for traffic mitigation for an estimated total of 40 overtime hours. Officers working the event will do so outside of their regularly assigned work schedule.
Dell' Osso agrees to pay the overtime costs to provide the requested sworn and non - sworn hours and further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at their event.
REASON FOR RECOMMENDATION:
Due to the large volume of attendees and the nature of the activities taking place, additional law enforcement services are necessary to ensure public safety and maintain order. The Lathrop Police Department is able to provide the law enforcement services requested, and an agreement has been prepared in which the City will be reimbursed by Dell' Osso Farms, LLC, for the costs associated with providing these services. Staff recommend Council approve the agreement to allow the Lathrop Police Department to provide law enforcement services for the annual Pumpkin Maze event.
FISCAL IMPACT:
Overtime for the event is estimated to cost approximately $ 46, 581. 76. At the conclusion of the event, the City will invoice Dell' Osso Farms for the cost of providing law enforcement services. Should circumstances arise requiring more hours than what was scheduled or mutual aid from other agencies if needed, Dell' Osso Farms will be responsible for reimbursement of the actual hours worked and costs for mutual aid. The is no fiscal impact to the City for this agreement and the Revenue and Overtime Expenses are included in the FY 26/7adopted budget.
ATTACHMENTS:
A) Resolution to Approve Agreement to Provide Law Enforcement Services to Dell' Osso Farms, LLC. For the Annual Pumpkin Maze Event from October 9, 2026 through October 30,; 2026
696
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
APPROVAL TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OSSO FARMS, LLC
FOR THE ANNUAL PUMPKIN MAZE EVENT
B) Agreement with DeII' Osso Farms, LLC. to Provide Law Enforcement Services for the Pumpkin Maze Event on from October 9, 2026 through October 30, 2026 697
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
APPROVAL TO PROVIDE LAW ENFORCEMENT SERVICES TO DELL' OSSO FARMS, LLC
FOR THE ANNUAL PUMPKIN MAZE EVENT
APPROVALS:
ephen Seal
Chief of Police
Thomas Hedegard
Deputy City Manager
Date
RI8I2. 0_ 4
Date
Y- 9, Lo "4-6
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
698
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING AN AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO
DELL' OSSO FARMS, LLC FOR THE ANNUAL PUMPKIN MAZE EVENT FROM OCTOBER 9, 2026 THROUGH OCTOBER 30, 2026
WHEREAS, Dell' Osso Farms, LLC. hosts an annual Pumpkin Maze event that is among the largest seasonal attractions in the region, drawing more than 100, 00 visitors to the City of Lathrop each October; and
WHEREAS, the size, duration, and popularity of the event require dedicated law enforcement resources to ensure the safety of attendees, event staff, and the surrounding community; and
WHEREAS, at the request of Dell' Osso Farms, LLC., the City of Lathrop and Dell' Osso Farms, LLC. have negotiated an agreement whereby the Lathrop Police Department will provide law enforcement services at the event from October 9, 2026 through October 30, 2026; and
WHEREAS, the agreement includes approximately 288 hours of sworn overtime and 40 hours of non -sworn overtime, fully reimbursed by Dell' Osso Farms, LLC.; and
WHEREAS, Police and Probation Officers will work from a schedule with 18 eight -hour shifts and 12 six -hour shifts for a total of 216 hours, and Police Sergeants will work from a schedule with 6 eight -hour shifts and 4 six -hour shifts for a total of 72 hours. Community Service Officers will be scheduled as needed for traffic mitigation for an estimated total of 40 overtime hours. Officers working the event will do so outside of their regularly assigned work schedule; and WHEREAS, the Lathrop Police Department is able to provide staffing for the requested overtime hours and Dell' Osso Farms, LLC. further agrees to reimburse the City for any additional costs incurred if mutual aid or special response is required to preserve or restore public safety during the event; and WHEREAS, the estimated total cost for the requested overtime is $ 46, 581. 76, and there is no fiscal impact to the City for this agreement because the entire cost will be reimbursed by Dell' Osso Farms, LLC., and the Revenue and Overtime Expenses are included in the FY 26/7adopted budget; and WHEREAS, the agreement is consistent with the City' s past practice of providing contracted law enforcement services for this event, including the prior year' sarrangement approved by the City Council on September 8, 2025.
Resolution No. Page 1 of 3
699
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby approve the Agreement to Provide Law Enforcement Services to Dell' Osso Farms, LLC. For the Annual Pumpkin Maze event from October 9, 2026 through October 30, 2026.
Resolution No. Page 2 of 3
700
PASSED AND ADOPTED this 14th day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PAUL AKINJO, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. Page 3 of 3
701
Attachment B
CITY OF LATHROP
AGREEMENT TO PROVIDE DELL' OSSO FARMS, LLC. LAW ENFORCEMENT SERVICES FOR THE PUMPKIN MAZE EVENT FROM OCTOBER 9, 2026 THROUGH OCTOBER 30, 2026
THIS AGREEMENT for law enforcement services to DELL' OSSO FARMS, LLC. for the PUMPKIN MAZE event ( hereinafter " EVENT"), dated for convenience this day of 2026 is by and between Dell' Osso Farms, LLC., a separate and distinct entity ( hereinafter " DELL' OSSO FARMS") and the City of Lathrop, a California municipal corporation (hereinafter " CITY"). The CITY and DELL' OSSO FARMS may be referred to herein as " Party" or collectively as " Parties".
RECITALS:
WHEREAS, DELL' OSSO FARMS requests the CITY to provide law enforcement security services for its EVENT; and
WHEREAS, the CITY desires to accommodate DELL' OSSO FARMS request and has no objections to providing law enforcement security services for the EVENT as allowed by Government Code 53069. 8and reserves the right to terminate EVENT for the purposes of public safety; and
WHEREAS, any costs associated with work hours pursuant to this AGREEMENT wherein Officers or Sergeants worked at the EVENT shall be paid for by DELL' OSSO FARMS at the rate indicated in the estimated cost schedule below.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions in this Agreement, DELL' OSSO FARMS and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CITY' sassigned police and/ or probation officers shall provide law enforcement security services to DELL' OSSO FARMS EVENT in accordance with the terms and conditions contained in this Agreement.
A. Each police officer shall be the CITY' semployee and shall be subject to the CITY' sadministration, supervision, and control.
B. Each outside agency officer shall remain the employee of their respective agency and shall be subject to that agency' s