Agenda packet, regular meeting, first session — Antioch City Council, June 24, 2025 (part 1 of 3)

ANNOTATED AGENDA
Antioch City Council

REGULAR MEETING
Including the Antioch City Council acting as Successor Agency/ Housing Successor to the Antioch Development Agency/
Antioch Public Finance Authority

Date: Tuesday, June 24, 2025
Time: 7:00 P.M. – Regular Meeting

Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509

City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see the inside cover for detailed Speaker Rules.

PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.

Ron Bernal, Mayor Melissa Rhodes, City Clerk
Louie Rocha, Mayor Pro Tem (District 2) Jorge R. Rojas, City Treasurer Tamisha Torres-Walker, Council Member District 1
Donald P. Freitas, Council Member District 3 Bessie Marie Scott, City Manager Monica E. Wilson, Council Member District 4 Derek Cole, Interim City Attorney

ACCESSIBILITY: In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabiliti es. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950, and e-mail: [email protected].

ANTIOCH CITY COUNCIL -1- JUNE 24, 2025

Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. The Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessions often occurring before or after the regular meeting. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: Notifications – City of Antioch, California (antiochca.gov) and enter your e-mail address to subscribe. To view the agenda information, click on the following link: City Council – City of Antioch, California (antiochca.gov) . Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.

Notice of Opportunity to Address Council
The public has the opportunity to address the City Council on each agenda item. To address the Council, fill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section. No one may speak more than once on an agenda item or during “Public Comments”. The Speaker Request forms are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.

7:00 P.M. ROLL CALL – REGULAR MEETING – for City / City Council Members acting as Successor Agency/ Housing Successor to the Antioch Development
Agency/ Antioch Public Financing Authority – All Present

PLEDGE OF ALLEGIANCE

[CITY CLERK READ OUT THE SPEAKER RULES FOR THE COUNCIL MEETING]

PUBLIC COMMENTS – Members of the public may comment only on unagendized items.

The public may comment on agendized items when they come up on this Agenda.

1. INTRODUCTION OF NEW CITY EMPLOYEES, PROMOTIONS AND RETIREMENTS

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

MAYOR’S COMMENTS

ANTIOCH CITY COUNCIL -2- JUNE 24, 2025

2. CONSENT CALENDAR

A. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 27, 2025 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR MAY 28, 2025 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.

C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR JUNE 9, 2025 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.

D. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 10, 2025 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

E. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.

F. REJECTION OF CLAIM: ESPIRIDION PUGA
Rejected, 5/0
Recommended Action: It is recommended that the City Council reject the claim submitted by Espiridion Puga.

G. RESOLUTION DECLARING THAT THE CITY OF ANTIOCH IS SUBJECT TO THE

GEOLOGIC HAZARD ABATEMENT DISTRICT LAW
Reso No. 2025/111 Adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution declaring that the City of Antioch is subject to Geologic Hazard Abatement District Law.

ANTIOCH CITY COUNCIL -3- JUNE 24, 2025

CONSENT CALENDAR – Continued

H. AWARD OF MULTI-YEAR AGREEMENT WITH TERRACARE ASSOCIATES FOR TURF MOWING IN THE AMOUNT OF $567,232
Reso No. 2025/112 Adopted, 5/0
Recommended Action: It is recommended that the City Council City Council adopt the resolution awarding the agreement with Terracare Associates to provide turf mowing services for a three (3) year period in the amount of $331,566 with an option to extend two (2) additional years in the amount of $235,666 for a total five (5) year amount not to exceed $567,232; and authorizing the City Manager or designee to execute the agreement in a form approved by the City Attorney.

I. AWARD OF EQUIPMENT PURCHASE AGREEMENT WITH TURN KEY SYSTEMS INC.

DBA TKS COLD STORAGE MFG & CONSTRUCTION FOR REPLACEMENT OF ANIMAL SERVICES WALK-IN REFRIGERATION UNIT IN THE AMOUNT OF $126,236.18 Reso No. 2025/113 Adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution awarding an Equipment Purchase Agreement with Turn Key
Systems Inc. dba TKS Cold Storage MFG & Construction for the replacement of Animal Services’ walk -in refrigeration unit in the amount not to exceed $126,236.18 and authorizing the Ci ty Manager or designee to execute the Agreement in a form
approved by the City Attorney.

J. ROAD MAINTENANCE AND REHABILITATION ACCOUNT (P.W. 707) Reso No. 2025/114 Adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving and adopting a list of projects for submittal to the California Transportation Commission for Fiscal Year 2025/26 that are eligible for funding by SB 1: the Road Repair and
Accountability Act of 2017.

K. SECOND AMENDMENT TO TELECOMMUNICATION NETWORK LICENSE AND

ENCROACHMENT AGREEMENT WITH CROWN CASTLE FIBER LLC
Reso No. 2025/115 Adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution approving a second amendment to Telecommunication Network License and Encroachment Agreement with Crown Castle Fiber LLC, and authorizing the City Manager or designee to execute the second amendment to Telecommunication Network License and Encroachment Agreement in a form approved by the City Attorney.

ANTIOCH CITY COUNCIL -4- JUNE 24, 2025

CONSENT CALENDAR – Continued

L. TRIENNIAL REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive the information advising that no report is required.

M. FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH

CENTRICITY GIS, LLC FOR IMPLEMENTATION SERVICES OF UNITY MAINTAIN (FORMALLY CITYWORKS) ASSET MANAGEMENT SOFTWARE
Reso No. 2025/116 Adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the first amendment to the consulting services agreement with Centricity GIS, LLC for implementation of asset management software in the amount of $70,000, for a total contract amount of $141,000, and extending the term of the agreement to June 30, 2026, and authorizing the City Manager or designee to execute the second amendment in a form approved by the City Attorney.

N. RESOLUTION APPROVING A CONSULTING SERVICES AGREEMENT WITH CHAPLIN AND HILL INVESTIGATIVE SERVICES IN AN AMOUNT NOT TO EXCEED $150,000 Reso No. 2025/117 Adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving a Consulting Services Agreement with Chaplin and Hill Investigative Services, in an amount not to exceed $150,000 for a term ending June 30, 2026, and authorizing the City Manager to execute the Consulting Services Agreement in a form approved by the City Attorney.

O. ACCEPTANCE OF FUNDING AWARD FROM CALIFORNIA VOLUNTEERS YOUTH

SERVICE CORPS
Reso No. 2025/118 Adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution accepting the funding award from the California Volunteers Youth Job Corps contract through the Office of the Governor, and authorizing the City Manager to execute the associated
agreements in a form approved by the City Attorney.

ANTIOCH CITY COUNCIL -5- JUNE 24, 2025

CONSENT CALENDAR – Continued

P. AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT WITH FELTON INSTITUTE FOR THE CITY OF ANTIOCH’S ANGELO QUINTO COMMUNITY RESPONSE

TEAM PROGRAM (AQCRT)
Reso No. 2025/119 Adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution to approve the second amendment to the Consulting Services Agreement with Felton Institute for the City of Antioch's Angelo Quinto Community Response Team program (AQCRT) to extend the term through August 31, 2026, or until American Rescue Plan ACT (ARPA) funds are exhausted; and authorizing the City Manager or designee to execute the second amendment to the Consulting Services Agreement in a form approved by the City Attorney.

Q. APPROVAL OF TREASURER’S REPORT FOR APRIL 2025
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and file the April 2025 Treasurer’s Report.

R. CITY COUNCIL OVERNIGHT TRAVEL TO CHICHIBU JAPAN ON JULY 16-26, 2025 Approved, 5/0
Recommended Action: It is recommended that the City Council authorize overnight travel for Mayor Ron Bernal and Council Member Torres -Walker to Chichibu, Japan from July 16 -26, 2025, for a sister -city cultural exchange representing the City of Antioch. It is further recommended that the City Council authorize the associated expenditures in an amount not to exceed $2,201.51.

9:03 P.M. RECESS
9:14 P.M. RECONVENED, ROLL CALL – All Present

PUBLIC HEARING

3. RESOLUTION APPROVING AND ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM 2025-2030 (P.W. 150-25)
Reso No. 2025/120 Adopted, 4/1-(Freitas-NO)
Recommended Action: It is recommended that the City Council adopt a resolution approving and adopting the Five -Year Capital Improvement Program 2025-2030 and authorizing the City Manager or designee to carry over and re-appropriate all remaining Fiscal Year 2024/25 Capital Improvement Program budgets to the Fiscal Year 2025/26 Operating Budget.

ANTIOCH CITY COUNCIL -6- JUNE 24, 2025

COUNCIL REGULAR / SUCCESSOR AGENCY / HOUSING SUCCESSOR TO THE ANTIOCH

DEVELOPMENT AGENCY / ANTIOCH PUBLIC FINANCING AUTHORITY AGENDA

4. COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) STANDING COMMITTEE RECOMMENDATIONS FOR FISCAL YEAR 2025 -30 CONTRA COSTA CONSORTIUM CONSOLIDATED PLAN AND 2025 -2026 CITY OF ANTIOCH ACTION PLAN FOR EXPENDING FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”), ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (“EECBG”) FUNDING , STATE PERMANENT LOCAL HOUSING ALLOCATION (“PLHA”) FUNDING, AND LOCAL

HOUSING SUCCESSOR FUNDING

Recommended Action: It is recommended that the City Council take the following actions:

Reso No. 2025/121 Adopted, 5/0
1) Consider the CDBG Committee recommendations for funding community grants with CDBG, PLHA, and EECBG funds and
Adopt the resolution approving the Contra Costa Consortium 2025-30 Consolidated Plan and draft Fiscal Year 2025 -26 Action Plan and authorize the C ity Manager or designee to make any necessary Fiscal Year 2025-26 budget adjustments for the approved funding and sign necessary documents and agreements for approved funding.

Reso No. 2025/122 Adopted, 5/0
2) Consider the CDBG Committee recommendations for funding community grants with Housing Successor funds and Adopt the resolution approving Housing Successor funding for
homeless services and administration as outlined in the 2025- 26 Action Plan and authorize the City Manager or designee to make any necessary Fiscal Year 2025-26 budget adjustments for the approved funding and sign necessary documents and agreements for approved funding.

5. RESOLUTION APPROVING AND ADOPTING THE FISCAL YEAR 2025-26 BUDGET AND REVISING THE FISCAL YEAR 2024-25 BUDGET
Reso No. 2025/123 Adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving and adopting a one-year operating budget for fiscal year 2025-26, appropriating the funds necessary to meet the
expenditures set forth therein, and revising the fiscal year 2024-25 budget.

ANTIOCH CITY COUNCIL -7- JUNE 24, 2025

COUNCIL REGULAR / SUCCESSOR AGENCY / HOUSING SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY / ANTIOCH PUBLIC FINANCING AUTHORITY AGENDA – Continued

6. RESOLUTION OF THE CITY OF ANTIOCH AS SUCCESSOR AGENCY AND HOUSING

SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY ADOPTING THE FISCAL YEARS 2025-26 BUDGET AND REVISING THE 2024-25 BUDGET
S.A. Reso No. 2025/44 Adopted, 5/0
Recommended Action: It is recommended that the City of Antioch as Successor Agency and Housing Successor to the Antioch Development Agency adopt a resolution approving and adopting the fiscal year 2025-26 budget and revising the fiscal year 2024-25 budget.

7. RESOLUTION OF THE ANTIOCH PUBLIC FINANCING AUTHORITY ADOPTING THE FISCAL YEAR 2025-26 BUDGET AND REVISING THE FISCAL YEAR 2024-25 BUDGET Reso No. 2025/124 Adopted, 5/0
Recommended Action: It is recommended that the Board of the Antioch Public Financing Authority adopt a resolution approving and adopting the fiscal year 2025-26 budget and revising the fiscal year 2024-25 budget.

PUBLIC COMMENTS

STAFF COMMUNICATIONS

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS – Council Members report out various activities and any Council Member may place an item for discussion and direction on a future agenda. Timing determined by Mayor and City Manager – no longer than 90 days.

MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A second motion is required, and then a majority vote is required to adjourn the meeting.

Motioned to adjourn the meeting at 11:38 p.m., Approved, 5/0

ANNOTATED AGENDA
Antioch City Council

REGULAR MEETING
Including the Antioch City Council acting as Successor Agency/ Housing Successor to the Antioch Development Agency/
Antioch Public Finance Authority

Date: Tuesday, June 24, 2025
Time: 7:00 P.M. – Regular Meeting

Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509

City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see the inside cover for detailed Speaker Rules.

PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.

ANTIOCH CITY COUNCIL -1- JUNE 24, 2025

PLEDGE OF ALLEGIANCE

[CITY CLERK READ OUT THE SPEAKER RULES FOR THE COUNCIL MEETING]

PUBLIC COMMENTS – Members of the public may comment only on unagendized items.

The public may comment on agendized items when they come up on this Agenda.

1. INTRODUCTION OF NEW CITY EMPLOYEES, PROMOTIONS AND RETIREMENTS

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

MAYOR’S COMMENTS

ANTIOCH CITY COUNCIL -2- JUNE 24, 2025

2. CONSENT CALENDAR

A. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 27, 2025 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR MAY 28, 2025 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.

C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR JUNE 9, 2025 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.

D. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 10, 2025 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

E. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.

F. REJECTION OF CLAIM: ESPIRIDION PUGA
Rejected, 5/0
Recommended Action: It is recommended that the City Council reject the claim submitted by Espiridion Puga.

G. RESOLUTION DECLARING THAT THE CITY OF ANTIOCH IS SUBJECT TO THE

ANTIOCH CITY COUNCIL -3- JUNE 24, 2025

CONSENT CALENDAR – Continued

I. AWARD OF EQUIPMENT PURCHASE AGREEMENT WITH TURN KEY SYSTEMS INC.

K. SECOND AMENDMENT TO TELECOMMUNICATION NETWORK LICENSE AND

ANTIOCH CITY COUNCIL -4- JUNE 24, 2025

CONSENT CALENDAR – Continued

M. FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH

O. ACCEPTANCE OF FUNDING AWARD FROM CALIFORNIA VOLUNTEERS YOUTH

ANTIOCH CITY COUNCIL -5- JUNE 24, 2025

CONSENT CALENDAR – Continued

P. AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT WITH FELTON INSTITUTE FOR THE CITY OF ANTIOCH’S ANGELO QUINTO COMMUNITY RESPONSE

Q. APPROVAL OF TREASURER’S REPORT FOR APRIL 2025
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and file the April 2025 Treasurer’s Report.

9:03 P.M. RECESS
9:14 P.M. RECONVENED, ROLL CALL – All Present

PUBLIC HEARING

ANTIOCH CITY COUNCIL -6- JUNE 24, 2025

COUNCIL REGULAR / SUCCESSOR AGENCY / HOUSING SUCCESSOR TO THE ANTIOCH

DEVELOPMENT AGENCY / ANTIOCH PUBLIC FINANCING AUTHORITY AGENDA

HOUSING SUCCESSOR FUNDING

Recommended Action: It is recommended that the City Council take the following actions:

ANTIOCH CITY COUNCIL -7- JUNE 24, 2025

COUNCIL REGULAR / SUCCESSOR AGENCY / HOUSING SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY / ANTIOCH PUBLIC FINANCING AUTHORITY AGENDA – Continued

6. RESOLUTION OF THE CITY OF ANTIOCH AS SUCCESSOR AGENCY AND HOUSING

PUBLIC COMMENTS

STAFF COMMUNICATIONS

Motioned to adjourn the meeting at 11:38 p.m., Approved, 5/0

STAFF REPORT

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F
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of June 24, 2025

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Derek Cole, Interim City Attorney D
DC

SUBJECT: REJECTION OF CLAIM: ESPIRIDION PUGA

RECOMMENDED ACTION
It is recommended that the City Council reject the claim submitted by Espiridion Puga.

Should the City Council desire to discuss this matter, it would be scheduled for a future closed session.

ATTACHMENTS
None.

G
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of June 24, 2025

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Scott Buenting, Public Works Director/City Engineer

APPROVED BY: Bessie Marie Scott, City Manager

SUBJECT: Resolution Declaring that the City of Antioch is Subject to the Geologic Hazard Abatement District Law

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution decl aring that the City of Antioch is subject to Geologic Hazard Abatement District Law.

FISCAL IMPACT
There is no direct fiscal impact because of this action.

BACKGROUND
The City of Antioch wishes to form a Geologic Hazard Abatement District (GHAD) for “The Ranch” development to address on-site geologic hazards in the l ong term. Division 17 (Sections 26500 et seq.) of the California Public Resources Cod e (GHAD Law) permits the formation and operation of GHADs within the City of Antioch provided that the legislative body of the City has adopted a resolution declaring that it is subject to the provisions of GHAD Law. State law authorizes GHADs to prevent, mitigate, abate, or control geologic hazards. GHADs are typically financed by asses sing property owners within their boundaries (subject to the restrictions of Proposition 218).

DISCUSSION
Prior to GHAD formation, GHAD Law (Public Resources Code 26550) r e q u i r e s a legislative body to (1) adopt a resolution declaring that it is subject to the provisions of GHAD law and (2) forward a copy of such resolution to the State Controller. Once the City has taken these steps, it can initiate the formation of a GHAD for the proposed “The Ranch” development, or other future developments. A separate re solution would be presented to the City Council for the actual formation of the G HAD or any future GHAD.

The resolution recommended by staff is simply a preliminary step that the City must take in order to exercise the powers authorized under GHAD Law.

Antioch City Council Report
June 24, 2025 Agenda Item #G 2

ALTERNATIVES:

If the City of Antioch does not choose to subject itself to GHA D law, developments proposed to be within a GHAD or GHADs would have to:

1. Petition for annexation into an existing GHAD outside of the City of Antioch

2. Form another City of Antioch-designated entity to prevent, m itigate, abate, or control geologic hazards within a development

ATTACHMENTS
A. Resolution

ATTACHMENT “A”

RESOLUTION NO. 2025/XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

DECLARING THAT THE CITY OF ANTIOCH IS SUBJECT TO GEOLOGIC HAZARD

ABATEMENT DISTRICT LAW

WHEREAS, Division 17 (Sections 26500 et seq.) of the California Public Resources Code (GHAD Law) permits the formation and operation o f geologic hazard abatement districts (GHADs) within the City of Antioch provided that the legislative body of the City has adopted a resolution declaring that it is subject to the provisions of GHAD Law;

WHEREAS, the City wishes to form a GHAD for “The Ranch” development to address on-site geologic hazards; and

WHEREAS, the City may in the future desire to consider the inclusion of other proposed developments into GHADs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby orders that:

Section 1. The City of Antioch i s subject to the provisions of GHAD Law;

Section 2. The City Clerk is directed to forward an executed co py of this resolution to the State Controller; and

Section 3. The City Council finds and determines that this Reso lution is exempt from the California Environmental Quality Act (“CEQA”) and the City Clerk is directed to cause to be filed a Notice of Exemption with the Co ntra Costa County Clerk and the State Office of Planning and Research on t he basis that this Resolution is not considered a “project” under CEQA.

* * * * * * * RESOLUTION NO. 2025/XXX
June 24, 2025

Page 2 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereo f, held on the 24 th day of
June 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MELISSA RHODES

CITY CLERK OF THE CITY OF ANTIOCH

!
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ATTACHMENT “A”
RESOLUTION NO. 2025/xxx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

AWARDING A MULTI-YEAR AGREEMENT WITH TERRACARE ASSOCIATES FOR TURF MOWING SERVICES IN THE AMOUNT OF $567,232 AND AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, the Turf Mowing Services agreement provides citywide mowing services to the medians and right of ways on major arterial roa dways, which include but are not limited to Hillcrest Avenue and Deer Valley Road; WHEREAS, on April 9, 2025, staff published a bid solicitation for Turf M owing Services through the local newspaper, builders’ exchanges, and the City's website; WHEREAS, on May 14, 2025, two (2) bids were received, and the lowest, responsive, and responsible bidder was Terracare Associates as shown in the bid tabulation;
WHEREAS, Terracare is a qualified and experienced landscape service contractor that can meet the service requirements of the City; and WHEREAS, the City Council has considered awarding the agreement with Terracare Associates to provide turf mowing services for a thre e (3) year period in the amount of $331,566 with an option to extend two (2) additional years in the amount of $235,66 for a total five (5) year amount not to exceed $567,232 and authorize the
City Manager or designee to execute the agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby awards the agreement with Terracare Associates to provide turf mowing services for a three (3) year period in the amount of $331,566 with an option to extend two (2) additional years in the amount of $235,66 for a total five (5) year amount not to exceed $567,232
and authorizes the City Manager or designee to
execute the agreement in a form approved by the City Attorney. * * * * * * *

RESOLUTION NO. 2025/***
June 24, 2025

Page 2 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

MELISSA RHODES

CITY CLERK OF THE CITY OF ANTIOCH

EXHIBIT “1”

45774.00005\8683697.5 (BB&K: January 2015)

CITY OF ANTIOCH

MAINTENANCE SERVICES AGREEMENT

1. P ARTIES AND DATE.

This Agreement (“Agreement”) is made and entered into this 24th day of June, 2025 (“Effective Date”) by and between the City of Antioch, a municipal corporation organized under the laws of the State of California with its principal place of business at 200 H Street, Antioch California 94509 (“City”) and Terracare Associates, with its principal place of business at 2800 East 18th St. Antioch, CA 94509 (“Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. R ECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing TURF MOWING services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the TURF MOWING RFB. 988-0514- 25A project (“Project”) as set forth in this Agreement.

3. T
ERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional TURF MOWING maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term.

The term of this Agreement shall be from July 1, 2025 to June 30, 2028 with the option to extend two additional years until June 30, 2030 , unless earlier terminated as provided herein. The City reserves Terracare Associates Page 2 of 27
the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervi sion. Contractor will deter mine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner.

Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Carlos Zepeda, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement.

Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Julio Ysalva, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized Terracare Associates Page 3 of 27
as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of what ever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth he rein and will be complied with . These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Terracare Associates Page 4 of 27
Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method.

Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section

3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate ag ainst any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

Terracare Associates Page 5 of 27

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.

(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comp ly with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state.

(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit “D” (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in Terracare Associates Page 6 of 27
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessa ry or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not- to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the ext ent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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3.2.13.5 Bond Amounts. Notwithstanding Sections 3.2.13.1 and 3.2.13.2, the City may, in its sole discretion, allow for any required Performance or Payment Bonds to be provided in increments of $100,000 of work. Once the Contractor has performed work valued at 80% of the bonded amount, the Contractor shall obtain additional bonds to cover the next $100,000 of work. This process shall continue consecutively throughout the term of the Agreement, up to the total, not-to-exceed compensation indicated in this Agreement. At no time shall work be performed without the required bonding in place. The Contractor is solely responsible for ensuring that all work complies with the bonding requirements set forth herein.

Alternatively, the City may, in its sole discretion, allow for any required Performance or Payment Bonds to be provided annually based on the yearly Agreement amount rather than the total not-to- exceed compensation. In such cases, the bond amount shall be equal to the compensation authorized for each "Contract Year." For purposes of this Agreemen t, a "Contract Year" shall be defined as a consecutive 12-month period beginning on the Effective Date of the Agreement or any anniversary thereof. At no time shall work be performed that exceeds the bonded annual amount within any given Contract Year, unless the Contractor has secured and provided to the City an additional bond covering the excess amount. The Contractor is solely responsible for ensuring that all work within each Contract Year does not exceed the bonded amount or that additional bonding is obtained as necessary.3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total three-year compensation shall not exceed Three Hundred Thirty-One Thousand Five Hundr ed and Sixty-Six Dollars ($3 31,566.00) with an option to extend an additional two years for a total not to exceed Two Hundred Thirty-Five Thousand Six Hundred and Sixty-Six Dollars ($235,666.00) for a five-year total contract amount not to exceed Five Hundred Sixty-Seven Thousand Two Hundr ed Thirty-Two Dollars ($567,232.00), without written approval of City’s Finance Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 California Labor Code Requirements
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, co sts, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Secti ons 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations.

Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the Ci ty, its officials, officers, employees and agents free and harmless from any claim or liabilit y arising out of stop orders iss ued by the Departmen t of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of Terracare Associates Page 9 of 27
such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.4.4 Agreement Subject to Appropriation of Funds. The Contractor understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Antioch City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, the Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and City Council. Contractor’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Terracare Associates
Julio Ysalva
2800 E 18
th St
Antioch, CA 94509
City:

Public Works
Carlos Zepeda
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City:

City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all cl aims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 t hat may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents, or volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Contra Costa County, California. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

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3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All re ferences to City incl ude its officials, office rs, employees , agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section

3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent juri sdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no me mber, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney’s fees and costs in an amount determined to be reasonable by a court of competent jurisdiction.

3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.19 Wage Theft Prevention.

3.5.19.1 Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

3.5.19.2 BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS THAT IT

HAS DISCLOSED ANY FINAL JUDGMENTS, DE CISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO EXECUTING

THIS AGREEMENT THAT CONTRACTOR OR ITS SUBCONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACT OR FURTHER AFFIRMS THAT IT OR ITS

SUBCONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT, DECISION OR ORDER, OR,

IF ANY JUDGMENT, DECISION OR ORDER H AS NOT BEEN FULLY SATISFIED, CONTRACTOR

AFFIRMS THAT IT OR ITS SU BCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT,

DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE

APPLICABLE COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS

SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.

3.5.19.3 If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, Terracare Associates Page 13 of 27
or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a paym ent or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.

3.5.19.4 For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

3.5.19.5 Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

3.5.19.6 Notice provided to the City shall be addressed to: Attention: City Manager, P. O. Box 5007, Antioch, CA 94531-5007. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ANTIOCH

AND TERRACARE ASSOCIATES

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 24th day of June, 2025.

CITY OF ANTIOCH
Approved By:

Bessie Marie Scott
City Manager

ATTEST:

Melissa Rhodes
City Clerk

Approved As To Form:

Derek Cole
Interim City Attorney

TERRACARE ASSOCIATES

Signature

Name

Title

EXHIBIT “A”

SCOPE OF SERVICES

1. Mowing Schedule and Height:

The contractor is to mulch mow (no bagging of cuttings) biweekly. The mowing height must be between 2” and 3”, unless otherwise directed by the City Representative.

2. Flexibility in Mowing Schedule:

The City will allow flexibility on the mowing schedule, as long as turf is mowed every 2 weeks or as directed. If mowing does not occur as scheduled, liquidated damages may be enforced (see Liquidated Damages, Section 20, Page 4).

3. Edging and Weed Eating:

The contractor will alternate between edging and weed eating around trees, utility boxes, and valve boxes every other mowing round. For example:
o First round of monthly mowing: Mow and Edge
o Second round of monthly mowing: Mow and Weed Eat Around Trees, Utility, and Valve Boxes o Exception: Areas 252-4521 (Downtown Area and Marina) and Antioch Police Department Offices must be mowed weekly during the active growing season (March–October) and biweekly from November–February.

4. Coordination of Irrigation and Mowing:

The contractor and City shall coordinate the irrigation and mowing schedules.

5. Equipment and Labor:

The contractor must provide all equipment, labor, and incidental items to mow and edge the turf as specified on the attached service maps (Attachment “A”). All equipment must be top-quality, commercial grade.

6. Irrigation Defects and Damage Reporting:

The contractor is required to report any irrigation defects observed during mowing operations (a contact number or email will be provided to the successful bidder). Any damage caused by the contractor during operations must be repaired at no additional cost to the City.

7. Fertilizing:

The contractor will apply fertilizer twice a year (spring and fall) to all turf areas specified in the contract. The City will provide the fertilizer and hand spreaders. Fertilizer must only be applied to turf areas. Any fertilizer spilled outside these areas (e.g., gutters, streets, or sidewalks) must be immediately cleaned up. Fertilizer must never enter storm drains.

8. Cleaning Mower Wheels, Blowing off Sidewalks, and Storm Drain Precaution:

The contractor must clean the wheels of all mowers before leaving the site to avoid tracking soil onto roads, walkways, or other paved areas. Additionally, the contractor will blow off sidewalks and make a special effort to prevent cuttings from entering the storm drain.

9. Winter Mowing Schedule Adjustments:

The City may reduce the mowing schedule during the winter months. If this occurs, the City will contact the contractor to adjust the schedule. Leaf drop removal may replace mowing during late fall and winter if the ground is saturated.

10. Litter Pickup and Removal of Leaves Before Mowing:

The mowing crew must pick up all litter on the turf prior to mowing. Litter should not be mowed over. Additionally, fall and winter leaves must be removed from the turf areas prior to mowing to avoid thatch build up. If litter and/or leaves are mowed over, the cost for that specific area will be deducted from the contractor’s next payment.

11. Invoice Detailing:

Due to various cost centers, the City will provide specific directions on how the contractor’s invoice should be detailed for payment.

Service Area Maps and Acreage:

Attached are the service area maps and acreage (Attachment “A”), with areas identified where the yellow shaded color meets the green-shaded mow strips, except where noted otherwise.

III. Zone Areas
Zone 256-4569

1. West Side of Deer Valley from 4417 Rock Island Dr to Asilomar

2. West Side of Deer Valley from Asilomar to Fallow Ct

3. A Northwest Corner of Lone tree @ Eagle Ridge
B Northeast Corner of Lone Tree @ Eagle Ridge

4. A Northwest Corner of Lone Tree @ Muir Wood
B Northeast Corner of Lone Tree @ Muir Wood

Zone 256-4568

1. Southeast Corner of Quezada Ct @ Silverado

Zone 256-4566

1. Buchanan @ Somersville Triangle

2. North & South side of Johnson Dr, East of Gentrytown

3. Mira Vista Ct, West of Rio Grande Dr

Zone 256-4563

1. Viera Ave East of 18th St

Zone 256-4561-1

1. Veterans War Memorial

2. East Side Parking Lot

3. S.W. Corner near exercise equipment

4. Path leading to boat sail structure

Zone 254-4541-1

1. North Side Hillcrest from Wildhorse to Bellflower

2. North Side Hillcrest from Bellflower to Terrace View

3. North Side Hillcrest from Terrace view to Wildflower

Zone 254-4541-2

1. Folsom Mini Park

2. Northeast corner of Wild Horse @ Folsom

3. A Armagosa Greenbelt Meadowlake St
B Armagosa Greenbelt Armagosa Dr

4. NB Hillcrest Ave @ Deer Valley Triangle Median

Zone 254-4542-1

1. East side of Deer Valley from Country Hills to Pampas Ct

2. A Southeast corner of Deer Valley @ Country Hills
B Northeast corner of Deer Valley @ Country Hills

3. Southeast corner of Deer Valley @ Carpenteria

4. East Side of Deer Valley from Contra Costa Canal to Sherwin Williams Paint store

Zone 254-4542-2

1. East Side of Via Dora from Wild Cat Circle to Golden Bear Dr

2. East Side of Via Dora from Golden Bear to La Jolla Dr

3. East Side of Via Dora from La Jolla Dr to San Gregorio Dr

4. East Side of Via Dora from San Gregorio Dr to Hillcrest

5. Southwest Corner of Via Dora @ Hillcrest

Zone 254-4542-3

1. A Southwest corner of Deerfield @ Hillcrest
B Northwest corner of Deerfield @ Hillcrest

2. West Side of Hillcrest from 4513 Deerhorn Ct to Golden Bear Dr

3. West Side of Golden Bear Dr to Contra Costa Canal

Zone 254-4542-4

1. West Side of Hillcrest from drainage ditch to Country Hills Dr

2. A Southwest corner of Country Hills @ Hillcrest
B Northwest corner of Country Hills @ Hillcrest

3. West Side of Hillcrest from Country Hills to Sterling Hills Dr

4. A Southwest corner of Sterling Hills @ Hillcrest
B Northwest corner of Sterling Hills @ Hillcrest

5. West Side of Hillcrest from Sterling Hill to Deerfield Dr

Zone 256-4561-2

1. North Side of Animal Control Building

2. A Section A – APD Public Parking Lot on 2nd Ct
B APD Public Parking Lot on 2nd Ct

3. A East Side of PD Entry Way
B East Side of PD Entry Way
C East Side of PD Entry Way
D East Side of PD Entry Way

4. A East Side Animal Control Center Entryway
B East Side Animal Control Center Entryway
C East Side Animal Control Center Entryway
D East Side Animal Control Center Entryway

5. North Side APD Conference Room

6. East Side of APD, L St from 3rd St to 4th St

7. Southside of APD, 4th St from L St to N St

8. A MSC West Side N St @ 4th St
B MSC West Side N St @ 4th St

9. A East Side Entry Way of MSC
B East Side Entry Way of MSC
C East Side Entry Way of MSC

10. MSC Public Parking lot, 4th St @ M St

11. West Side of PD parking lot

Zone 251-4514-1

1. West Side of Heidorn Ranch from Lone Tree to Lone Tree Plaza Drive

Zone 251-4514-2

1. A East Side of Hillcrest from Lone Tree to EBMUD Trail B East Side of Hillcrest from EBMUD Trail to Vista Grande C East Side of Hillcrest from Vista Grande to Prewett Ranch D East Side of Hillcrest from Prewett Ranch, South

Zone 255-4551

1. A Gentrytown Dr RV Parking Lot Driveway
B Gentrytown Park Strip from RV Driveway to Redwood Dr

2. West Side Gentrytown Park Strip from Redwood Dr to Johnson Dr

3. District 1A Greenbelt from Gentrytown, West Toward Cypress St

Zone 254-4544-3

1. NW Corner of Lone Tree @ Fairside

2. NE Corner of Lone Tree @ Vista Grande

3. A East Side of Hillcrest from Country Hills to Laurel B Southeast Corner of Hillcrest @ Country Hills
C East Side of Hillcrest from drainage ditch to Country Hills D Hillcrest @ Laurel Triangle Median

Zone 254-4544-2

1. Northeast Corner of Laurel @ Hillcrest

2. A East Side of Hillcrest from Laurel to Deerfield
B East Side of Hillcrest from Deerfield to Hidden Glen
Zone 254-4544-1

1. A Northeast Corner of Hidden Glen @ Hillcrest
B East Side of Hillcrest from Hidden Glen to 4349 Hillcrest

2. North Side of Hillcrest from 4321 Hillcrest Ave to Contra Costa Canal

Zone 251-4511

1. West Side Hillcrest from Williamson Ranch to Vista Grande Dr

2. Southwest corner of Williamson Ranch @ Indian Hills
Zone 252-4521

1. A 1st Amtrak Station
B 1st Amtrak Station
C 1st Lynn Art House

2. I St Parking Lot

3. 2nd St Turf to 1st St

4. Waldie Zig Zag to G St roundabout

5. 2nd St Parking lot across from Senior Center

EXHIBIT “B”

SCHEDULE OF SERVICES

SEE EXHIBIT “A” FOR SCHEDULE

EXHIBIT “C”

COMPENSATION

EXHIBIT “D”

INSURANCE REQUIREMENTS

Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s Agreement.

Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.

City has the right to require Contractor’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Commercial General Liability (CGL):

ȋ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold.

___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold.

___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold.

Automobile Liability:

ȋ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.

___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single limit for bodily injury and property damage.

___ Garage keepers’ ex tra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):

___ Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

___ Insurance appropriates to the Contractor’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate

Workers’ Compensation Insurance:

Ƹ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees. Waiver needed.)

The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

___ Insurance utilizing an “All Risk” (Special Perils ) coverage form, with limit s equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment.

The Property Installation Floater shall provide prop erty damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s Pollution Legal Liability:

___ Contractor’s pollution legal liability and/or Asbest os Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Cyber Liability Insurance

___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond
_Ƹ Performance Bond
_Ƹ Payment Bond

The Payment Bond and Performance Bond shall be in a sum equal to the contract price, or as otherwise specified and agreed to by the City in writing in its sole discretion pursuant to Section 3.2.13.5. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:

Ƹ Additional Insured Status and Primary/Non-Contributory Language:

as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)

Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage.

Such coverage shall name the City as a loss payee as their interest may appear.

___ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.

X Waiver of Subrogation:

Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors.

___ Completed Operations

For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

Deductibles and Self-Insured Retentions (“SIR”):

Any deductibles or self-insured retentions must be de clared to and approved by City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:

Insurance is to be placed with insurers with a curre nt A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.

Claims Made Policies: (note - should be applicable only to professional liability, see below)

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub- subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Failure to Comply:

Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

FY 26 109,427.76$ FY 26 202,800.00 $
FY 27 $ 109,427.76 FY 27 202,800.00 $
FY 28 $ 112,710.59 FY 28 202,800.00$
FY 29 $ 116,091.83 FY 29 $ 218,400.00
FY 30 $ 119,574.57 FY 30 $ 218,400.00
Five-Year Contract Total
331,566.11$
Three-Year Total
235,666.40$
Two-Year Extension Total
608,400.00$
Three-Year Total
436,800.00$
Two-Year Extension Total
Terracare Silva Landscape
$ 567,232.51
Five-Year Contract Total
$ 1,045,200.00
Bid Tabulation
Turf Mowing
Bid No. 988-0514-25A
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ATTACHMENT “A”
RESOLUTION NO. 2025/xxx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

AWARDING AN EQUIPMENT PURCHASE AGREEMENT WITH TURN KEY
SYSTEMS INC. DBA TKS COLD STORAGE MFG & CONSTRUCTION FOR THE REPLACEMENT OF ANIMAL SERVICES’ REFRIGERATION WALK-IN UNIT IN THE AMOUNT NOT TO EXCEED $126,236.18 AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE THE AGREEMENT

WHEREAS, the Animal Services facility us es a commercial-grade walk-in refrigeration unit to store animal remains prior to transfer for cremation or burial;

WHEREAS, this unit is essential for maintaining sanitary conditions and preventing health hazards;
WHEREAS, the existing unit has been in service for over 25 years, exceed ing its expected lifespan and over the past 10 years, it has experience d frequent failures and increased inefficiency, resulting in increased maintenance cost s and operational disruptions;
WHEREAS, a recent inspection by Air Control Services concluded that the unit's walls have delaminated reducing its ability to stay cool, that the cooling systems are failing, and that repairs are no longer cost-effective; WHEREAS, on May 12, 2025, staff published an Invitation to Bid for the C old Storage Unit project through the local newspaper, builders’ exc hanges, and the City's website;
WHEREAS, on May 21, 2025, one (1) bid was received, and the lowest, responsive, and responsible bidder was Turn Key Systems Inc. db a TKS Cold Storage MFG and Construction of Martinez, CA;
WHEREAS, staff recommends proceeding with the bid from TKS Cold Storage MFG & Construction for procurement and installation of a new wa lk-in refrigeration unit for the Animal Services Department;
WHEREAS, the proposed unit meets all the requirements for this applicati on essential for humane animal care, regulatory compliance, and facility sanitation; and WHEREAS, the City Council has considered awarding an Equipment Purchase Agreement with Turn Key Systems Inc. dba TKS Cold Storage MFG & Construction for the replacement of Animal Services’ refrigeration walk-in unit in the amount not to exceed $126,236.18 and authorizing the City Manager or designee to execute the Agreement in a form approved by the City Attorney.

RESOLUTION NO. 2025/***
June 24, 2025

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby awards an Equipment Purchase Agreement with Turn Key Systems Inc. dba TKS Cold Storage MFG & Construction for the replacement of Animal Services’ refrigeration walk-in unit in the amount not to exceed $126,236.18 and authorizes the City Manager or designee to execute the Agreement in a form approved by the City Attorney.

* * * * * * *

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereo f, held on the 24th day of June, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MELISSA RHODES

CITY CLERK OF THE CITY OF ANTIOCH

82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
1 CITY OF ANTIOCH

EQUIPMENT PURCHASE AGREEMENT
This Equipment Purchase Agreement (“Agreement”) is entered into this 24th day of June, 2025, by and between the City of Antioch (“City”), and Turn Key Systems Inc. , with its principal place of business at 6680 Alhambra Ave. #219 Martinez, CA 94553 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” an d collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

A. “Equipment” means all machinery, equipment, items, parts, mater ials, labor or other services, including design, engineering and delivery serv ices, provided by Contractor as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

B. “Delivery Date(s)” means that date or dates upon which the Equi pment is to be delivered to City, ready for approval, testing and/or use as sp ecified in Exhibit “B.”
Section 2. MATERIALS AND WORKMANSHIP.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Equipment without the approval req uired by this Section 2 will be deemed to be defective material for purposes of Section 4. Whe re machinery, equipment or materials are referred to in Exhibit “A” as equal to any partic ular standard, City will decide the question of equality. When requested by City, Contractor will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Equipment. Material samples will be submitted at City’s request.

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Equipment prior to acceptance. If upon inspection or testing the Equipment or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any oth er righ ts o r re medies, City may reject the Equipment or exercise any of its rights und er Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s fai lure to notify Contractor of a rejection of nonconforming goods or revocation of acceptance th ereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Section 4. WARRANTY.

A. Contractor warrants that the Equipment will be of merchantable quality and free from defects in design, engineering, material and workmanship f o r a p e r i o d o f two (2) years, or such longer period as provided by a manufactu rer’s warranty or as agreed to by Contractor and City, from the date of final wri tten acceptance of 82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
2 the Equipment by City as required for final payment under Secti on 7. Contractor further warrants that any services provided in connection with the Equipment will be performed in a professional and workmanlike manner and in ac cordance with the highest industry standards.

B. Contractor further warrants that all machinery, equipment or pr ocess included in the Equipment will meet the performance requirements and specif ications specified in Exhibit “A” and shall be fit for the purpose inten ded. City’s inspection, testing, approval or acceptance of any such machine ry, equipment or process will not relieve Contractor of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and S ection 4.B, Contractor will, immediately after receiving notice from City, at the option of City, and at Contractor’s own expense and without cost to City:

1. Repair the defective Equipment;

2. Replace the defective Equipment with conforming Equipment, F .O.B.

City’s plant, office or other location of City where the Equipm ent was originally performed or delivered; or

3. Repay to City the purchase price of the defective Equipment.

If City selects repair or replacement, any defects will be reme died without cost to City, including but not limited to, the costs of removal, repai r and replacement of the defective Equipment, and reinstallation of new Equipment. All such defective Equipment that is so remedied will be similarly warranted as st ated above. In addition, Contractor will repair or replace other items of the Equipment which may have been damaged by such defects or the repairing of the s ame, all at its own expense and without cost to City.

D. Contractor also warrants that the Equipment is free and clear o f all liens and encumbrances whatsoever, that Contractor has a good and marketa ble title to same, and that Contractor owns or has a valid license for all o f the proprietary technology and intellectual property incorporated within the Eq uipment.

Contractor agrees to indemnify, defend and hold City harmless a gainst any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Contractor of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4 , but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specif ied in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized represen tative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes 82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
3 applicable to the Equipment furnished to City hereunder; and (i i) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to an y surety, may make changes in the Equipment, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Equipment or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City an d Contractor and such change will be authorized by a change order document signed by City and accepted by Contractor.

Section 7. PAYMENTS.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milest ones. Final payment shall be made by City after Contractor has satisfied al l contractual requirements. Payment of invoices shall not constitute accepta nce of Equipment.

B. If Progress Milestones have been specified Exhibit “B,” then pa yments for the Equipment will be made as the requirements of such Progress Mil estones are met. Progress payments for the Equipment will be made by City upon proper application by Contractor during the progress of the Equipment and according to the terms of payment as specified in Exhibit “B.” Contractor’s progress billing invoice will include progress payments due for the original sco p e o f w o r k a n d changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or s upplier invoices attached to Contractor’s invoice. Other format and support doc uments for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of de fective Equipment not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Contractor to make payments properly to its subcontractors or for material or labo r, the failure of Contractor to perform any of its other obligations under the Ag reement, or to protect City against any liability arising out of Contractor’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If t he said causes are not removed within a reasonable period after written notice, City may remove them at Contractor’s expense.

D. Payment of the final Progress Milestone payment or any retentio n will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the am ount associated with the Progress Milestone;
82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
4 2. Written acceptance of the Equipment by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens aris ing out of this Agreement; and

5. Delivery of an affidavit listing all persons who might other wise be entitled to file, claim or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt i n full, Contractor may furnish a bond satisfactory to City to indemnify City again st any claim or lien at no cost to City.

E. Acceptance by Contractor of payment of the final Progress Miles tone payment pursuant to Section 7.D will constitute a waiver, release and d ischarge of any and all claims and demands of any kind or character which Contr actor then has, or can subsequently acquire against City, its successors and as signs, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the fi nal Progress Milestone by City will not constitute a waiver, release or disc harge of any claims or demands which City then has, or can subsequently acquire, ag ainst Contractor, its successors and assigns, for or on account of an y matter or thing arising out of, or in any manner connected with, the performanc e of this Agreement.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Contractor’s performance is of the essence for this Agreement. The Equipment will be delivered in accordance with the schedule set forth in Exhibit “B.” Contractor must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to a ny other rights City may have under this Agreement or at law, Contractor shall pay City the sum of $500.00 per item of Equipment for each calendar day for whic h the item of Equipment is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.”
B. In the event that the Equipment is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Con tractor will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

A. Contractor agrees to timely pay all sales and use tax (includin g any value added or gross receipts tax imposed similar to a sales and use tax) i mposed by any federal, state or local taxing authority on the ultimate purcha se price of the Equipment provided under this Agreement.

B. Contractor will withhold, and require its subcontractors, where applicable, to 82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
5 withhold all required taxes and contributions of any federal, s tate or local taxing authority which is measured by wages, salaries or other remuner ation of its employees or the employees of its subcontractors. Contractor w ill deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Equipment provided hereunder, will be the responsibility of Contractor. In addition, all taxes assessed by any taxing jurisdiction based o n Contractor property used or consumed in the provision of the Equipment suc h as and including ad valorem, use, personal property and inventory taxe s will be the responsibility of Contractor.

D. Contractor will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Contractor hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Contractor enters into this Agreement as an independent contrac tor and not as an employee of City. Contractor shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to b e inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontrac tors of the Contractor and not of City. City shall not be obligated in any way to pay any wag e claims or other claims made against Contractor by any such employees, agents, contractors o r subcontractors or any other person resulting from performance of this Agreement.

Section 11. SUBCONTRACTS.

Unless otherwise specified, Contractor must obtain City’s writt en permission before subcontracting any portion of the Equipment. Except for the in surance requirements in Section

13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Equipment, will require that the subco ntractor be bound by and subject to all of the terms and conditions of the Agreement. No subcon tract or order will relieve Contractor from its obligations to City, including, but not lim ited to Contractor’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of l oss of, all completed and partially completed portions of the Equipment upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Equipment. However, Contractor will be liable for any loss or damage to the Equipme nt and/or the materials caused by Contractor or its subcontractors, their agents or employees, and Contractor will replace or repair said Equipment or materials at its own cost to the compl ete satisfaction of City.

Notwithstanding the foregoing, in the event that the City has p aid Contractor for all or a portion of the Equipment which remains in the possession of Contractor, then City shall have title to, and the right to take possession of, such Equipment at any time following payment therefor.

Risk of loss for any Equipment which remains in the possession of Contractor shall remain with Contractor until such Equipment has been delivered or City has taken possession thereof.

Contractor will have risk of loss or damage to Contractor’s pro perty used in the construction of 82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
6 the Equipment but which does not become a part of the Equipment.

Section 13. INDEMNIFICATION.

A. Contractor shall defend, indemnify and hold the City, its offic ials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs , expenses, liability, loss, da mage or injury, in law or equity, to property or persons, including wrongful death , in any manner arising out of or incident to any alleged acts, omissions, negl igence or willful misconduct of Contractor, its officials, officers, employees, a gents, subcontractors and subconsultants arising out of or in connecti on with the Equipment or the performance of this Agreement, including witho ut limitation the payment of all consequential damages and attorneys’ fees and ot her related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Contractor’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or in stituted against the City, its officials, officers, employees, agents or volunte ers shall be at Contractor’s own cost, expense and risk. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, ac tion or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and co sts incurred by each of them in connection therewith or in enforcing the indemn ity herein provided.

C. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Section 14. INSURANCE.

A. General. Contractor shall take out and maintain, and shall req uire that its subcontractors take out and maintain, insurance meeting the Cit y’s requirements as set forth in Exhibit “D” attached to this Agreement and inco rporated herein by reference.

B. Freight. Contractor shall ensure that third party shippers con tracted by Contractor have adequate insurance coverage for the shipped Equipment.

Section 15. LIENS.

A. Contractor, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character agai nst the Equipment, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performan ce given under, arising out of, or in any manner connected with the Agreement ( such liens or claims referred to as “Claims”); and Contractor, subcontractor and suppliers expressly waive and relinquish any and all rights which they no w have, or may subsequently acquire, to file or maintain any Claim and Contractor, subcontractor and suppliers agree that this provision waiving the right of Cl aims will be an 82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
7 independent covenant.

B. Contractor will save and hold City harmless from and against an y and all Claims that may be filed by a subcontractor, supplier or any other per son or entity and Contractor will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Contractor at any time refuse or fail to deliver the Equ ipment with promptness and diligence, or to perform any of its other obliga tions under the Agreement, City may terminate Contractor’s right to proceed wit h the delivery of the Equipment by written notice to Contractor. In such event City may obtain the Equipment by whatever method it may deem expedient, including t he hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, ma chinery, equipment, tools and ap pliances and exercise all rights, options and privileges of Contractor. In such case Contractor will not be entitled to receive any further payments until the Equipment is delivered. If City’s cost of obta ining the Equipment, includin g compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Contractor will be liable for and wil l pay the difference to City.

B. City may, for its own convenience, terminate Contractor’s right to proceed with the delivery of any portion or all of the Equipment by written notice to Contractor.

Such termination will be effective in the manner specified in s uch notice, will be without prejudice to any claims which City may have against Con tractor, and will not affect the obligations and duties of Contractor under the A greement with respect to portions of the Equipment not terminated.

C. On receipt of notice under Section 16.B, Contractor will, with respect to the portion of the Equipment terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Equipment and th e placing of orders for materials, facilities, and supplies in connection wi th the Equipment,

2. Unless otherwise directed by City, make every reasonable eff ort to procure cancellation of all existing orders or contracts upon t erms satisfactory to City; and

3. Deliver only such portions of the Equipment which City deems necessary to preserve and protect those portions of the Equipment already i n progress and to protect material, plant and equipment at the Eq uipment site or in transit to the Equipment site.

D. Upon termination pursuant to Section 16.B, Contractor will be p aid a pro rata portion of the compensation in the Agreement for any portion of the terminated Equipment already delivered, including material and services fo r which it has made firm contracts which are not canceled, it being understood that City will be 82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
8 entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Co ntractor upon delivery by Contractor of the releases of liens and affidavit, pursuant to Section

7.C.

Section 17. MISCELLANEOUS PROVISIONS.

A. Delivery of Notices. All notices permitted or required under t his Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of Antioch
P. O. Box 5007
Antioch, CA 94531- 5007
Attn: Carlos Zepeda

City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: Cit
y Attorney
CONTRACTOR:

Turn Key Systems Inc.

Jenelle France Tognetti
6680 Alhambra Ave. #219
Martinez, CA 94553

Such notice shall be deemed made when personally delivered or w hen mailed, forty-eight (48) hours after deposit in the U.S. Mail, first c lass postage prepaid and addressed to the party at its applicable address. Actual n otice shall be deemed adequate notice on the date actual notice occurred, rega rdless of the method of service.

B. Assignment or Transfer. Contractor shall not assign or transfe r any interest in this Agreement whether by assignment or novation, without the p rior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Contractor from the City under this Agreement may be assigned to a financial institution or to a tr ustee in bankruptcy, without such approval. Notice of any assignment or t r a n s f e r , whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

D. Amendment; Modification. No supplement, modification or amendm ent of this Agreement shall be binding unless executed in writing and signe d by both Parties.

E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
9 F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Contra Costa County.

G. Interpretation. Since the Parties or their agents have partici pated fully in the preparation of this Agreement, the language of this Agreement s hall be construed simply, according to its fair meaning, and not strict ly for or against any Party.

H. No Third Party Beneficiaries. There are no intended third part y beneficiaries of any right or obligation assumed by the Parties.

I. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority t o m a k e t h i s Agreement and bind each respective Party.

J. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction , the remaining provisions shall continue in full force and effect.

K. Counterparts. This Agreement m ay be signed in counterparts, ea ch of which shall constitute an original.

L. City’s Right to Employ Other Contractors. City reserves its ri ght to employ other contractors in connection with the Equipment.

M. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Equipment specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

[SIGNATURES ON FOLLOWING PAGE]
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EQUIPMENT PURCHASE AGREEMENT
10 SIGNATURE PAGE FOR EQUIPMENT PURCHASE AGREEMENT

IN WITNESS WHEREOF, the Parties hereto have executed this Agree m e n t a s o f t h e day and year first above written.

CITY OF ANTIOCH
Approved By:

Bessie Marie Scott
City Manager

ATTEST:

Melissa Rhodes
City Clerk

Approved As To Form:

Derek Cole
Interim Cit
y Attorney
TURN KEY SYSTEMS INC.

Signature

Name

Title

ATTEST:

By: ____________________________
Its: ____________________________

82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
Exhibit B
1 EXHIBIT “A” TO EQUIPMENT PURCHASE AGREEMENT

EQUIPMENT SPECIFICATIONS

Procurement & Permitting
x Contractor will procure a new cold storage unit, including all necessary components, materials, and accessories.
x Dimensions of the new cold storage unit shall be determined based on measurements of the existing concrete slab to ensure a proper fit.
x The cold storage room will include two (2) access doors, designed for durability and thermal efficiency.
x Existing power rating at the electrical panel will be assessed to confirm compatibility with the new refrigeration equipment and ensure compliance with electrical requirements x Provide stamped construction drawings for permitting requirements. x Customer will be responsible for submitting permit applications and obtaining necessary approvals.

2. Demolition & Site Preparation
x Dismantle and remove the existing cold storage room, ensuring all debris is properly disposed of in compliance with local regulations.
x Thoroughly wash the existing concrete slab to remove dirt, debris, and contaminants in preparation for the installation of the new cold storage room.

3. Receiving & Unpacking of Equipment
x Receive, inspect, and unpack all components of the new cold storage room, including refrigeration equipment, to verify completeness and condition before installation.

4. Seismic Anchoring
x Install manufacture specified seismic bracing for the cold storage room to ensure compliance with structural safety requirements.
x Secure all concrete anchors to manufacturer specifications and prepare for city inspection and approval.

5. Cold Storage Room Construction
x Assemble and install new cooler panels, ensuring a secure connection to the pre-installed seismic anchors. If applicable apply a protective layer (coating, membrane, Ect) to the roof of the cold storage room to enhance durability and resistance to environmental conditions.

6. Refrigeration System Installation
x Position and securely fasten the refrigeration condensing unit onto the concrete slab using concrete anchors.
x Install and ceiling-mount the evaporator coil within the cold storage room. 82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
Exhibit B
2 x Connect the condensing unit to the evaporator coil using a rigid, insulated copper refrigerant line set.

7. Refrigerant System Testing & Charging
x Conduct a high-pressure leak test verify system integrity. x Perform system evacuation vacuum, test to confirm there are no leaks. x Charge the refrigeration system with refrigerant in accordance with manufacturer specifications.

8. Electrical Upgrades & Connections
x The city will have a 50-amp circuit available to the replacement location. If bidder determines that the equipment load will exceed 50 amps, replace the existing outdoor sub-panel with a new, weather-rated sub-panel to support the refrigeration systems. x Install electrical circuits to provide power connections for both the evaporator coil and condensing unit.
x Confirm that all electrical wiring and connections comply with local codes and manufacturer requirements.

9. Drainage & Lighting Installation
x Install and route the evaporator coil's condensate drain line to the nearest planter bed for proper water disposal.
x Upgrade and install new interior lighting within the cold storage room to enhance visibility and efficiency.

10. Start up and Warranty
x Energize and start up the system verifying all components power on correctly in accordance with the manufactures guidelines.
x Set the cold storage room to the specified temperature range and allow the system to reach and maintain the target temperature, verifying stable performance. x Provide the manufacturer maximum warranty covering all refrigeration components as per the manufacturer's terms.

11. Customer Training/Handover, Maintenance
x Conduct an on-site training session to familiarize the customer with system operation, troubleshooting, and maintenance best practices.
x Provide manufacturer documentation, including user manuals, maintenance schedules, and warranty details.
x Ensure the customer is informed about emergency procedures and how to contact support for service needs.

82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
Exhibit B
3 EXHIBIT “B” TO EQUIPMENT PURCHASE AGREEMENT

DELIVERY SCHEDULE

[TO BE INSERTED]

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EQUIPMENT PURCHASE AGREEMENT
Exhibit C
1 EXHIBIT “C” TO EQUIPMENT PURCHASE AGREEMENT

FEE SCHEDULE

82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
Exhibit D
1 EXHIBIT “D” TO EQUIPMENT PURCHASE AGREEMENT

INSURANCE REQUIREMENTS

Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s Agreement.

Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.

Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Commercial General Liability (CGL):

___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The required insurance limits may be met if an umbrella insurance provision explicitly supplements both the CGL and general aggregate limits to reach the required threshold.

82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
Exhibit D
2 Automobile Liability:

___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single limit for bodily injury and property damage.

___ Garage keepers’ ex tra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):

___ Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

___ Insurance appropriates to the Contractor’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate

Workers’ Compensation Insurance:

The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

Contractor’s Pollution Legal Liability:

82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
Exhibit D
3 ___ Contractor’s pollution legal liability and/or Asbest os Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.

Cyber Liability Insurance

___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond
__ Performance Bond
__ Payment Bond

The Payment Bond and Performance Bond shall be in a sum equal to the contract price, or as otherwise specified and agreed to by the City in writing in its sole discretion pursuant to Section 3.2.13.5. Bonds shall be duly executed by a responsible corporate surety , authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:

Ƹ Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its officers, officials, employees, and agents as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement provid ing completed operations 82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
Exhibit D
4 coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)

Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

X Notice of Cancellation, Suspensi on or Otherwise Voiding Policies:

X Waiver of Subrogation:

___ Completed Operations

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

Deductibles and Self-Insured Retentions (“SIR”):

EQUIPMENT PURCHASE AGREEMENT
Exhibit D
5 option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.

Claims Made Policies: (note - should be applicable only to professional liability, see below)

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold excl usion, and the definiti on of Pollution shall include microbial matter, including mold.

Subcontractors:

82595.00300\42021806.1

EQUIPMENT PURCHASE AGREEMENT
Exhibit D
6 Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub- subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Failure to Comply:

Applicability of Coverage:

Bid Tabulation
Cold Storage
ITB No. 740-0521-25A
Turn Key Systems Inc. dba
TKS Cold Storage Mfg and
Constrution
$ 126,236.18
Cold Storage Unit
$77$&+0(17%
82595.00300\42021806.1
Invitation to Bid (ITB) No. 740-0521-25A
FOR

COLD STORAGE UNIT

CITY OF ANTIOCH
200 “H” Street
Antioch, California 94531-5007
ITB Contract Person: Patrick Wentz and Eric Strongman
Key ITB Dates:

Invitation to Bid Issued May 12, 2025
Submit Bids May 21, 2025
$77$&+0(17&
82595.00300\42021806.1

1 NOTICE TO BIDDERS

COLD STORAGE UNIT
Notice is hereby given that the City of Antioch, hereinafter re ferred to as the "City", will receive, no later than 2pm on May 21, 2025, sealed bids for the award of a contract for the purchase of Cold Storage Unit.

Such bids shall be received at the following address:

Office of the City Clerk of the City of Antioch
Antioch City Hall
200 “H” Street
Antioch, California 94509

Bids must be clearly identified with the ITB number identified above. Bids received timely shall be opened and read aloud at the above stated time and place.

Patrick Wentz and Eric Strongman shall act as the City Representative on this procurement.

Each proposal must conform with and be responsive to this ITB, the Information for Bidders, the specifications, and all other pertinent contract documents.

The City reserves the right to reject any or all bids, to accep t or reject any one or more items of a bid, or to waive any irregularities or informalities in the bids.

Any person, corporation, firm or other entity submitting a bid in response to this ITB is referred to herein as a “Bidder”. No Bidder may withdraw their bid for a period of sixty (60) days after the date set for the opening of bids.

Patrick Wentz
[email protected]
APD Admin
City of Antioch

Eric Strongman
[email protected]
Facilities Leadworker
City of Antioch

82595.00300\42021806.1

2 INSTRUCTIONS TO BIDDERS

COLD STORAGE UNIT

In order to be entitled for consideration, all bids must be made in accordance with the following instructions:

1. Examination of Documents

Before submitting a bid, Bidders shall:
a. Carefully examine all specifications contained in this ITB. b. Fully inform themselves as to the facilities, conditions and limitations related to this ITB.
c. Include in their bid/proposal all required items described i n this ITB.

2. Interpretation

Should a Bidder find discrepancies in, or omissions from, the s pecifications or any term or condition of this ITB, or be in doubt as to their meaning, B idder shall promptly notify the City Representative, who will send written instructions or addenda to all Bidders.

The City will not make/give oral interpretations to any Bidder. All addenda issued shall be incorporated into the contract, as applicable.

3. Signature

Each bid must be signed by a legal representative authorized to bind the Bidder with their usual signature where indi cated on the Bid Sheet attached hereto. Bids by partnerships must be signed by one of the partners in the name of the partnership, followed by the designation of t he partner signing. Bids by co rporations must be signed with the legal name of the corporation, followed by the name of t h e s t a t e o f incorporation, date of incorporation, and the signature of the president, secretary or other person authorized to bind it in the matter. The name of each person signing shall be typed or printed below the signature of president, secretary or other person authorized to bind the corporation.

4. Submission of Bids

Bids shall be enclosed in an envelope with “ITB No. 740-0521-25A ” a n d t h e B i d d e r’s name identified in the lower left-hand corner and delivered in accordance with the Notice To Bidders. Any bids received after the bid opening time will be returned to the Bidder unopened.

5. Modifications/Medium for Submission of Bids.

No oral, telephonic or telegraphic bids or modifications shall be considered. No fax transmissions will be accepted. Hard copies of bids shall be d elivered pursuant to the bidding instructions herein.

82595.00300\42021806.1

3 6. Basis Of Award:

The City will award the contract to the lowest responsive respo nsible Bidder based on the total price indicated on the Bid Sheet.

7. Withdrawal of Bids
Any Bidder may withdraw its bid either personally or by writte n request at any time prior to the time set for bid opening. No bid may be withdrawn or mo dified after the time for bid opening unless and until award of the contract has been del ayed for a period exceeding sixty (60) days.

8. Notice of Award
Within ten (10) days after the notice of award, the successful Bidder shall enter into a formal contract(s) using the City ’s standard form purchase agreement/contract (“Contract”) which is attached hereto as Exhibit “B”.

In the event the Bidder to whom an award is made fails or refu ses to execute the Contract and provide required documents within fifteen (15) cal endar days after notification of the award, the City may award the Contract to t he next lowest responsive responsible Bidder or reject all bids.

9. Non-Collusion Declaration
Pursuant to Public Contract Code Section 7106, each bid shall b e accompanied by a Non-Collusion Declaration, the form of which is included in the bid documents.

10. Proprietary information
The City and this ITB are subject to the California Public Records Act (“PRA”), and Bids may be considered public records. However, the City understand s that due to the competitive nature of this ITB and the contractual terms and conditions that remain to be refined/negotiated and/or the proprietary nature or details tha t may exist, bids may be partially withheld or restricted from public disclosure if poss ible under the PRA. Bidders must communicate to the City in their bid any request regarding specific items requiring confidentiality and the City will attempt to accommodate such r equests, if permitted under the PRA. The City shall no t be liable to Bidder for any disclosure of a bid, or any portion thereof, made by the City pursuant to a PRA request, or as otherwise required by law.

11. Statement of Qualifications/References
Each Bidder shall include with its bid a list of references. References, if possible, should be to other public agencies that have purchased similar equipme nt from the Bidder.

Bidder shall include the reference’s name, address, contact, phone, and any relevant information such as dollar amount of current contract, etc.

82595.00300\42021806.1

4 BID SPECIFICATIONS

COLD STORAGE UNIT

1. BACKGROUND:

The City of Antioch currently desires to procure Cold Storage U nit. The purpose of this bid is to solicit prices for the City for the Cold Storage Unit listed in the quantities and meeting the minimum specifications set forth in Exhibit "A".

2. GENERAL PROVISIONS/CONDITIONS

A. Bid Response Mandatory Requirements
Bidders are to submit a complete written bid consisting of the following:
a . B i d F o r m
b. Bid Sheet with Additional Information attached
c. Statement of Qualifications/References
d. Non-Collusion Declaration
Bidders not submitting complete bids in accordance with the re quirements of this ITB may be determined to be non-responsive.

B. Additional Information Required to be Attached
Each Bid Sheet submitted shall also include the following to be attached to the bid:

Equipment Technical Specifications: Complete description of th e technical specifications of the proposed Cold Storage Unit, including verification that the equipment meets all of the requ ired specifications set forth in Exhibit "A" as well as information on any specific warranty or maintenance requirements.

C. Specified Equipm ent- Substitutions.

Bidders must submit a bid including the specific Cold Storage U nit listed in Exhibit “A” unless the Bidder obtains approval of its proposed equipment as an equal. All requests for substitution of any equipment as an “e qual” must be submitted in writing with appropriate documentation substantiat ing that is an equal to the specified equipment. All requests for substitution must be submitted with the Bidder’s bid. The City Representative retains sole discretion to approve or disapprove of a request for substitution of a product/equipment.

82595.00300\42021806.1

5 3. MISCELLANEOUS PROVISIONS
A. Right of Rejection
The City reserves the right to reject any or all bids, to acce pt or reject any one or more items of a bid, or to waive any irregularities or informalities in the bid.

B. Insurance & Indemnification
The successful Bidder shall be required to provide insurance a s indicated in the Contract, as well as indemnify and hold the City harmless, purs uant to the terms of the Contract.

C. Model Contract
B i d d e r s shall review the City’s standard form purchase agreement/contra ct (“Contract”) which is attached hereto as Exhibit “B”. Submissi on of a bid evidences Bidder’s acceptance of the terms of the Contract, and B i d d e r ’ s agreement to execute the Contract if selected for award.

82595.00300\42021806.1

6 BID FORM

COLD STORAGE UNIT
To: City of Antioch, herein called the “City”:

1. Pursuant to and in compliance with the City’s Notice to Bidders and other documents relating thereto, the undersigned Bidder, having revi ewed the terms of the Contract, the information for Bidders, specifications an d all other pertinent Contract documents, hereby proposes and agrees to per form within the time stipulated, the Contract, including all of its compone nt parts and everything required to be performed, all in strict conformity w ith the specifications and other Contract documents, including addenda numbers _______, _______, and on file at the offices of the City (collectively, the “Contract Documents”) for the prices set opposite the articles listed on the bid sheet.

2. It is understood that the City reserves the right to reject this bid in whole or in part, to waive informalities in the bid or in the bidding, and that this bid shall remain open and not be withdrawn for a period of sixty (60) day s from the date prescribed for the opening of this bid.

3. It is understood that the successful Bidder will be required to provide for purchase by the City the equipment as outlined in the specifica tions and the Contract Documents.

4. It is understood and agreed that if written notice of the ac ceptance of this bid is mailed, telegraphed, or delivered to the undersigned within six ty (60) days after the opening of the bid, or at any time thereafter before this bid is withdrawn, the undersigned agree s that they will execute and de liver to the City a Contract in the form included with the Contract Document s in accordance with the bid as accepted, all within ten (10) day af ter the receipt of notification of award, and that performance of the Contract sha ll be commenced immediately by the undersigned bidder, upon due execu tion.

5. Notices related to this bid should be addressed to the under signed as stated below.

Legal Name of Bidder

Authorized Officer or agent

Address

Telephone number

Email address
82595.00300\42021806.1

7 BID SHEET

COLD STORAGE UNIT
N A M E O F B I D D E R :

The undersigned, hereby declare that we have carefully examined the bid documents for ITB No. 740-0521-25A, and have read and examined the Contract Documents , including all specifications, and all addenda, if any, for the following:

The purchase, delivery and installation of the COLD STORAGE UNIT set forth in Exhibit “A.” We hereby propose to furnish all labor, materials, equipment, t ools, transportation, and services, and to discharge all duties and obligations necessary and requi red to perform and complete the Project for the following TOTAL BID PRICE:

UNIT PRICE QUANTITY SUBTOTAL BID PRICE
(Quantity X Unit Price)
Cold Storage Unit 1

TOTAL BID PRICE: In words:________________________________________________

In numbers:______________

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

82595.00300\42021806.1

8 STATEMENT OF QUALIFICATIONS/REFERENCES
Please provide a list of references. Preferably, references sh ould be other public agencies that have purchased similar products and services from Bidder. Include the reference’s name, address, contact, phone, and any other relevant informat ion. Attach additional sheets if necessary.

1. Reference name: ____________________________________________ _________ Address:______________ ______________________________________________ Contact Person Name:___________ ______________________________________ Phone Number:___________________ ___________________________________ Other relevant Information:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

2. Reference name: _____________ __________________________________________ Address:______________ ______________________________________________ Contact Person Name:___________ ______________________________________ Phone Number:___________________ ___________________________________ Other relevant Information:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

3. Reference name: _____________ __________________________________________ Address:______________ ______________________________________________ Contact Person Name:___________ ______________________________________ Phone Number:___________________ ___________________________________ Other relevant Information:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 82595.00300\42021806.1

9 NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the ___________________ of ___________________, the Bidder making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any un disclosed person, partnership, company, association, organization, or corporation . The bid is genuine and not collusive or sham. Bidder has not directly or indirectly induce d or solicited any other bidder to put in a false or sham bid. Bidder has not directly or indirec tly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. Bidder has not in any manner, directly or indirectly, sought by agreem ent, communication, or conference with anyone to fix the bid price of Bidder or any ot her bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any oth er bidder. All statements contained in the bid are true. Bidder has not, directly or indirectly, submi tted his or her bid price or any breakdown thereof, or the contents thereof, or divulged informa tion or data relative thereto, to any corporation, partnership, company association, organization , bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder tha t is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to exec ute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________[date], at ___________________[city], ___________________[state]. ___________________________________________________
(Signature)
___________________________________________________
(Print Name)
___________________________________________________
(Print Title)
____________________________
(Date)

82595.00300\42021806.1

EXHIBIT “A”

EXHIBIT “A” TO ITB
Specifications for COLD STORAGE UNIT
[Specifications Attached Behind This Page]

82595.00300\42021806.1

EXHIBIT “A”

Scope of Work:

1. Procurement & Permitting
x Contractor will procure a new cold storage unit, including all necessary components, materials, and accessories.
x Dimensions of the new cold stor age unit shall be determined based on measurements of the existing concrete slab to ensure a proper fit.
x The cold storage room will include two (2) access doors, desig ned for durability and thermal efficiency.
x Existing power rating at the electrical panel will be assessed to confirm compatibility with the new refrigeration equipment and ensure compliance with electrical requirements x Provide stamped construction drawings for permitting requireme nts. x Customer will be responsible for submitting permit application s and obtaining necessary approvals.

2. Demolition & Site Preparation
x Dismantle and remove the existing cold storage room, ensuring all debris is properly disposed of in compliance with local regulations.
x Thoroughly wash the existing con crete slab to remove dirt, debris, and contaminants in preparation for the installation of the new cold storage room.

3. Receiving & Unpacking of Equipment
x Receive, inspect, and unpack all components of the new cold st orage room, including refrigeration equipment, to verify completeness and condition before installation.

4. Seismic Anchoring
x Install manufacture specified seismic bracing for the cold sto rage room to ensure compliance with structural safety requirements.
x Secure all concrete anchors to manufacturer specifications and prepare for city inspection and approval.

5. Cold Storage Room Construction
x Assemble and install new cooler panels, ensuring a secure conn ection to the pre-installed seismic anchors. If applicable apply a protective layer (coating, membrane, Ect) to the roof of the cold storage room to enhance durability and resistance to environmental conditions.

6. Refrigeration System Installation
x Position and securely fasten the refrigeration condensing unit onto the concrete slab using concrete anchors.
x Install and ceiling-mount the ev aporator coil within the cold storage room. x Connect the condensing unit to the evaporator coil using a rig id, insulated copper refrigerant line set.

7. Refrigerant System Testing & Charging
x Conduct a high-pressure leak test verify system integrity. x Perform system evacuation vacuum, test to confirm there are no leaks. 82595.00300\42021806.1

EXHIBIT “A”

x Charge the refrigeration system with refrigerant in accordance with manufacturer specifications.

8. Electrical Upgrades & Connections
x The city will have a 50-amp circuit available to the replaceme nt location. If bidder determines that the equipment load will exceed 50 amps, replace the existing outdoor sub-panel with a new, weather-rated sub-panel to support the refrigeration systems. x Install electrical circuits to p rovide power connections for both the evaporator coil and condensing unit.
x Confirm that all electrical wiring and connections comply with local codes and manufacturer requirements.

9. Drainage & Lighting Installation
x Install and route the evaporato r coil's condensate drain line to the nearest planter bed for proper water disposal.
x Upgrade and install new interio r lighting within the cold storage room to enhance visibility and efficiency.

10. Start up and Warranty
x Energize and start up the system verifying all components powe r on correctly in accordance with the manufactures guidelines.
x Set the cold storage room to the specified temperature range a nd allow the system to reach and maintain the target temperature, verifying stable performance. x Provide the manufacturer maximum warranty covering all refrigeration components as per the manufacturer's terms.

11. Customer Training/Handover, Maintenance
x Conduct an on-site training session to familiarize the custome r with system operation, troubleshooting, and maintenance best practices.
x Provide manufacturer documentat ion, including user manuals, maintenance schedules, and warranty details.
x Ensure the customer is informed about emergency procedures and how to contact support for service needs.

J
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 24, 2025
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Mitchell Loving, Junior Engineer
APPROVED BY: Scott Buenting, Public Works Director/City Engineer SUBJECT: Road Maintenance and Rehabilitation Account; P.W. 707

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution appr oving and adopting a list of projects for submittal to the California Transportation Comm ission for Fiscal Year 2025/26 that are eligible for funding by SB 1: the Road Repair and Accountability Act of 2017.

FISCAL IMPACT
The City is expected to receive approximately $3,033,812 in Roa d Maintenance and Rehabilitation Account funds in FY 2025/26. Approval of the at tached resolution is required to receive the Road Maintenance and Rehabilitation Account funds.

DISCUSSION
On April 28, 2017, the Governor signed Senate Bill SB 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB 1: increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and prov ides for inflationary adjustments to tax rates in future years.

SB 1 emphasizes the importance of accountability and transparen cy in the delivery of California’s transportation programs. Therefore, to be eligible for Road Maintenance and Rehabilitation Account (RMRA) funding, the statute requires cities and counties to provide basic annual RMRA project reporting to the California Transport ation Commission (the “Commission”).

Antioch City Council Report
June 24, 2025, Agenda Item #J 2
The City must submit a list of projects proposed to be funded w ith RMRA funds to the Commission prior to receiving an apportionment of funds in a fiscal year. The project list does not limit the flexibility of the City to fund projects in accordance with its local needs so long as the projects are consistent with RMRA priorities. A ll projects proposed to receive funding were included in the City’s budget and 5 Year C IP that was adopted by the City Council at a regular public meeting held on June 25, 2 024, which included the projects listed below to be funded with RMRA funds.

The City’s list of projects proposed to be funded with RMRA fun ds and associated information is as follows:

1. The following proposed projects will be funded in-part or solely with FY 2025/26 RMRA revenues:

x Pavement Plugs and Leveling Courses Program

o Consisting of constructing asphalt concrete plugs and leveling courses in preparation for a full street width surface treatmen t application on the following streets:

Area 1P - Hillcrest Ave; E 13t h St; Minaker Dr; Jacobsen St; Miller St; Giovanni St; Botelho St; Simmons St; Azevedo St; Marshall St; Lipton St; Sandy Way; Hargrove St; Sandy Ct; Hargrove Ct; Jasmine Ct; Veronica Ct; and Trembath Ln.

Area 2P - Mesa Ridge Dr; Hill Ridge Way; Stonecrest Dr; Ranch Hollow Way; Ranch Point Way; Amberwood Ct;
Rockwall Way; Green Hollow Way; Rockspring Way;
Stonegate Way; Willow Haven Way; Halls Valley Rd;
Montgomery Hill Dr; Mt Hamilton; Mattole Rd; Rodgers
Canyon Rd; Mt Isabel Rd; Shel ter Cove Ct; Honeydew Ct; Cherry Pt Ct; White Rock Way; Stonewood Way; Pinehaven
Way; Woodhaven Way; Eastview Way; Hallow Ridge Way &
Ct; Spring Crest Ct; Packard Ridge Rd; Castle Canyon Ct; Lost Canyon Ct; and Mt Day Ct.

Area 3P – Ridgerock Dr; Del Favero Dr; Selena Ct; Shale Cir; Boulder Dr; Marble Dr; Pebble Dr; Rimrock; Flagstone Dr; Cobblestone Dr; Cinnabar; Agate Ct; Rockford Dr; Sandy Hill Ct; Redrock Dr; Ridgewood Ct; Greystone Dr; Greystone Ct; Falcon Ct; Condor Ct; Owl Ct; Eagleridge Dr; Eagleridge Ct; Eagle Ct; Alumrock Dr; Black Oak Way & Ct; Live Oak Ct; Barkwood Ct; Big Oak Ct; Spruce Way; Aspen Way; Sumac
Way; and Buttonwood Way & Ct.

Area 4P - Country Hills Dr; Vista Grande Dr; Canada Hills Dr; Horseshoe Cir; Stallion Way; Wagon Ct; Mare Ct; Carriage Way; Woodbridge; Rodeo Cir; Bronco Ct; Rodeo Ct;
Antioch City Council Report
June 24, 2025, Agenda Item #J 3
Winterglen Way & Ct; Vinewood Way; Chism Way; Pineview
Way; Brookcrest Way & Ct; Twincreek Ct; Brookfield Ct;
Lefebvre Way; Cherrywood Way; Longdale Ct; Woodmont
Way & Ct; Westwood Way; Catanzaro Way; Willowbrook
Way; Woodside Way & Ct; Waterford Way; Timberbrook Way; and Opal Way.

o Estimated Project Schedule: Start June 2025 – Completion Octob er 2026 based on the component being funded with RMRA funds. o Estimated Project Useful Life: 20 Years

x Surface Treatments: Antioch Cape Seal Program

o Consisting of placement of ½ inch PMAR Chip Seal with an application of Micro-Surfacing to residential streets on:

Area 2P - Mesa Ridge Dr; Hill Ridge Way; Stonecrest Dr; Ranch Hollow Way; Ranch Point Way; Amberwood Ct;
Rockwall Way; Green Hollow Way; Rockspring Way;
Stonegate Way; Willow Haven Way; Halls Valley Rd;
Montgomery Hill Dr; Mt Hamilton; Mattole Rd; Rodgers
Canyon Rd; Mt Isabel Rd; Shelter Cove Ct; Honeydew Ct;
Cherry Pt Ct; White Rock Way; Stonewood Way; Pinehaven
Way; Woodhaven Way; Eastview Way; Hallow Ridge Way &
Ct; Spring Crest Ct; Packard Ridge Rd; Castle Canyon Ct; Lost Canyon Ct; and Mt Day Ct.

o Estimated Project Schedule: Start June 2026 – Completion Octob er 2026 based on the component being funded with RMRA funds. o Estimated Project Useful Life: 20 Years

Antioch City Council Report
June 24, 2025, Agenda Item #J 4

2. The following previously proposed and adopted projects may also utilize FY 2025/26 RMRA revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Antioch is reaffirming to the public and the State our intent to fund these projects with RMRA revenues:

x L Street Improvements, Phase II (PW 234-16)

o Consisting of installation of s idewalks and bike lanes, roadwa y widening, installation of landscaped medians, and repair of the existing pavement on L Street from West 9 th Street to Sycamore Drive
o Estimated Project Schedule: Start June 2026 – Completion Octo ber 2027 based on the component being funded with RMRA funds. o Estimated Project Useful Life: 25 Years

ATTACHMENTS
A: Resolution
ATTACHMENT “A”
RESOLUTION NO. 2025/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING

AND ADOPTING A LIST OF PROJECTS FOR SUBMITTAL TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR FY 2025/26 TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal t ransportation funding shortfalls statewide;

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Antioch (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year;

WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitatio n Account (RMRA), created by SB 1, which must include a description and the locat ion of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement;

WHEREAS, the City will receive an estimated $3,033,812 in RMRA funding in FY 2025/26 from SB 1;

WHEREAS, this is the eighth year in which the City is receiving SB 1 f unding, which will enable the City to continue essential road maintenan ce and rehabilitation projects, safety improvements, repair and replacement of aging bridges, and provide increased access and mobility options for the traveling public that would not have otherwise been possible without SB 1;

WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list;

WHEREAS, the City used a pavement management system to develop the SB 1 project list to ensure that revenues are being used on the most high-priority and cost- effective projects that also align with the community’s priorit ies for transportation investment;

WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate many streets/roads throughout the City this year and three similar projects into the future; RESOLUTION NO. 2025/**
June 24, 2025

Page 2 of 4 ends

WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “g ood” condition and this revenue will increase the overall quality of the City’s road sy stem and over the next decade will bring City streets and roads into “very good” condition; and

WHEREAS, the SB 1 project list and overall investment in City streets and roads infrastructure with a focus on basic maintenance and safety, and investment in complete streets infrastructure, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby affirms the following:

1. The foregoing recitals are true and correct.

2. The following proposed projects will be funded in-part or s olely with FY 2025/26 Road Maintenance and Rehabilitation Account revenues:

x Pavement Plugs and Leveling Courses Program

o Construction of asphalt concrete plugs and leveling courses in preparation for a full street width surface treatment application on the following streets:

Area 3P – Ridgerock Dr; Del Favero Dr; Selena Ct; Shale Cir; Boulder Dr; Marble Dr; Pebble Dr; Rimrock; Flagstone Dr; Cobblestone Dr; Cinnabar; Agate Ct; Rockford Dr; Sandy Hill Ct; Redrock Dr; Ridgewood Ct; Greystone Dr; Greystone Ct; Falcon Ct; Condor Ct; Owl Ct; E agleridge Dr; Eagleridge Ct; RESOLUTION NO. 2025/**
June 24, 2025

Page 3 of 4 ends

Eagle Ct; Alumrock Dr; Black Oak Way & Ct; Live Oak Ct; Barkwood Ct; Big Oak Ct; Spruce Way; Aspen Way; Sumac
Way; and Buttonwood Way & Ct.

Area 4P - Country Hills Dr; Vista Grande Dr; Canada Hills Dr; Horseshoe Cir; Stallion Way; Wagon Ct; Mare Ct; Carriage Way; Woodbridge; Rodeo Cir; Bronco Ct; Rodeo Ct;
Winterglen Way & Ct; Vinewood Way; Chism Way; Pineview
Way; Brookcrest Way & Ct; Twincreek Ct; Brookfield Ct;
Lefebvre Way; Cherrywood Way; Longdale Ct; Woodmont
Way & Ct; Westwood Way; Catanzaro Way; Willowbrook
Way; Woodside Way & Ct; Waterford Way; Timberbrook Way; and Opal Way.

o Estimated Project Schedule: Start October 2025 – Completion October 2026 based on the component being funded with RMRA funds.
o Estimated Project Useful Life: 20 Years

x Surface Treatments: Antioch Cape Seal Program

o Consisting of placement of ½ inch PMAR Chip Seal with an application of Micro-Surfacing to residential streets on:

o Estimated Project Schedule: Start May 2025 – Completion September 2026 based on the component being funded with RMRA funds.
o Estimated Project Useful Life: 20 Years

RESOLUTION NO. 2025/**
June 24, 2025

Page 4 of 4 ends

3. The following previously proposed and adopted projects may also utilize FY 2025/26 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted f iscal year resolution, the City of Antioch is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabil itation Account revenues:

x L Street Improvements (PW 234-16)

o Installation of sidewalks and bike lanes, roadway widening, installation of landscaped medians, and repair of the existing pavement on L Street from Highway 4 to the Antioch Marina o Estimated Project Schedule: Start January 2023 – Completion October 2027 based on the component being funded with RMRA funds.
o Estimated Project Useful Life: 25 Years

* * * * * *

I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof; held on the 24th day of June, 2025 by, the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________________

MELISSA RHODES

CITY CLERK OF THE CITY OF ANTIOCH

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ATTACHMENT “A”
{00074937; 4}
RESOLUTION NO. 2025/xxx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE THE SECOND AMENDMENT TO TELECOMMUNICATION NETWORK

LICENSE AND ENCROACHMENT AGREEMENT WITH

CROWN CASTLE FIBER LLC

WHEREAS, the City of Antioch owns certain vertical infrastructure, such as streetlight poles, located in the public rights-of-way;

WHEREAS, Crown Castle Fiber LLC (Crown Castle) owns, maintains, operates and controls telecommunications networks serving wireless carriers and other customers through fiber-fed distributed antenna system facilities in publ ic rights-of-way in accordance with regulations promulgated by the Federal Communic ations Commission and the California Public Utilities Commission;

WHEREAS, on July 24, 2012, the City Council approved a Telecommunication Network License and Encroachment Agreement with Crown Castle’s predecessor-in- interest NextG Networks of California, Inc., whereby the City a uthorized Crown Castle’s encroachment upon, use of, and occupation of certain portions of the City’s public rights- of-way and vertical infrastructure–four City-owned streetlights –for the purposes of installing, maintaining, operati ng, controlling, relocating and removing Crown Castle’s equipment;

WHEREAS, on July 31, 2023, the City and Crown Castle entered into a firs t amendment to Telecommunication Network License and Encroachment Agreement to reinstate, renew and amend the Agreement, and the City Council ratified the first amendment on November 12, 2024;

WHEREAS, the City and Crown Castle negotiated the second amendment to Telecommunication Network License and Encroachment Agreement w herein certain new equipment and design configurations are authorized in Exhibit A and Exhibit B of the Agreement for the locations near the southeast corner of Prewett Ranch Drive and Forty Niner Way, the north side of Prewett Ranch Drive and Oneida Way , and the southwest corner of Geronimo Court and Piute Way; and

WHEREAS, Crown Castle will be responsible, at its sole cost and expense , for obtaining all necessary certificates, permits, and other approv als that federal, state, or local authorities may require, including but not limited to app licable permits or approvals required by any City department in the City’s regulatory capaci ty; and all work to install the modified design configurations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby:

Section 1. Finds the recitals above are true and correct and ar e incorporated by reference. The recitals constitute findings in this matter and, together with the staff report, RESOLUTION NO. 2025/xxx
June 24, 2025

Page 2 ends

{00074937; 4}
other written reports, public testimony and other information c ontained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Resolution.

Section 2. Approves the second amendment with Crown Castle atta ched as Exhibit “1” to this Resolution.

Section 3. Authorizes the City Manager or designee to execute t he second amendment in the form approved by the City Attorney.

Section 4. Finds that pursuant to the California Environmental Quality Act of 1970, Public Resources Code § 21000, et seq., as amended and implemen ting State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regul ations (collectively, “CEQA”), to the extent this Second Amendment constitutes a proj ect, this project is categorically exempt pursuant to Section 15301 of the CEQA Guid elines (Class 1 for “Existing Facilities”), exempting the operation, repair, mainte nance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use, because the minor modifications for construction of these telecommunications facilities licensed in the Agreement involve a negligible change, under CEQA, in the height of the existing telecommunications fa cilities and size of the ground equipment cabinets. Furthermore, the project does not tr igger any of the exceptions to the exemption outlined in CEQA Guidelines Section 15300.2.

Section 5. Declares that if any section, subsection, paragraph, sentence, clause, phrase or term (each a “Provision”) in this Resolution or any Provision’s application to any person or circumstance, is held illegal, invalid or unconstitutional by a court of competent jurisdiction, then all other Provisions not held illegal, inval id or unconstitutional, or such Provision’s application to other persons or circumstances, shall not be affected. The City Council declares that it would have passed this Resolution, and each Provision therein, whether any one or more Provisions be declared illegal, invalid or unconstitutional.

Section 6. Declares that this Resolution shall become effective immediately on the date of its passage and adoption by the City Council and shall remain effective until amended, superseded or repealed by a separate resolution adopted by the City Council.

Section 7. Directs the City Clerk to post and/or publish this R esolution as may be required by applicable law.

* * * * * * *

RESOLUTION NO. 2025/xxx
June 24, 2025

Page 3 ends

{00074937; 4}

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

MELISSA RHODES

CITY CLERK OF THE CITY OF ANTIOCH

Page 1 of 5 ends

SECOND AMENDMENT TO TELECOMMUNICATION NETWORK LICENSE

AND ENCROACHMENT AGREEMENT

THIS SECOND AMENDMENT TO TELECOMMUNICATION NETWORK LICENSE AND ENCROACHMENT AGREEMENT (“ Second Amendment”), effective as of the latter of the signature dates below (the “ Effective Date ”), is by and between the City of Antioch, a California municipal corporation (“Licensor” or the “City”), and Crown Castle Fiber LLC, a New York limited liability company (“Licensee”). Licensor and Licensee are each individually referred to herein as a “Party” and are collectively referred to herein as the “Parties.”

RECITALS
WHEREAS, Licensor and Licensee’s predecessor-in-interest Crown Castle NG West Inc., formerly known as NextG Networks of California, Inc., a Delaware corporation, entered into that certain Telecommunication Network License and Encroachment Agreement dated August 7, 2012, as approved by the City of Antioch City Council on July 24, 2012, and as amended by that certain First Amendment to Telecommunication Network License and Encroa chment Agreement dated July 31, 2023, as ratified by the City of Antioch City Council on November 12, 2024 (collectively, the “ Agreement”), whereby Licensor authorized Licensee’s encroachment upon, u se and occupation of certain portions of the City’s public rights-of-way and vertical infrastructure for the purposes of installing, maintaining, operating, controlling, re locating and removing Licensee’s Facilities (as defined in the Agreement); and
WHEREAS, Licensee owns, maintains, operates, and controls, in accordanc e with regulations promulgated by the Federal Communications Commissio n and the California Public Utilities Commission (“CPUC”), telecommunications networks serving wireless carrier and other customers through fiber-fed distributed antenna system faciliti es in public rights-of-way, among other locations, in the State of California; and
WHEREAS, Licensee is a competitive local exchange carrier and holds a v alid full facilities-based Certificate of Public Convenience and Necessit y issued by the CPUC to provide access to telecommunication services in California; and WHEREAS, Licensee desires to modify design configurations for certain l ocations of Licensee’s Facilities, and Licensor, as owner and licensor of t hose certain street light poles at which Licensee’s Facilities are installed pursuant to the Agree ment, agrees to amend the Agreement to authorize the modification of the design configura tions of Licensee’s Facilities as provided herein.

NOW THEREFORE , in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree as follows:
//
//
//
(;+,%,7

Page 2 of 5 ends

AGREEMENT

1. Modification of Design Configurations. Licensee’s modified design configurations for Licensee’s Facilities are respectively descr ibed and depicted at Attachment 1, attached hereto and incorporated herein by this reference, for the following locations:

(1) SPR-NORCAL-003M1 / SF74XB986 / SF19267Z / BA9003BA_11LAB located near the southeast corner of Prewett Ranch Drive and Forty Niner Way;

(2) SPR-NORCAL-016 / SF74XB986 / SF19267Z / BA9003BA_31LAB located near the north side of Prewett Ranch Drive and Oneida Way; and

(3) SPR-BRB-04 / SF74XB986 / SF19267Z / BA9003BA_41LAB located near the southwest corner of Geronimo Court and Piute Way.

From and after the Effective Date of this Second Amendment, Att achment 1 shall supplement Exhibit A to the Agreement with respect to the autho rized design configurations of Licensee’s Facilities at the locations identified above.

Additionally, from and after the Effective Date of this Second Amendment, the modified plan drawings at Attachment 1 for Licensee’s Facilities at the locations identified above shall respectively replace the original plan drawings in their entire ty for Licensee’s Facilities at such locations in Exhibit B to the Agreement.

All work to implement the modified design configurations of Lic ensee’s Facilities at the above locations shall be at Licensee’s sole cost and expense. P rior to the commencement of any such work, Licensee shall, at its sole cost and expense, obtain all necessary certificates, permits, and other approvals that federal, state, or local authorities m ay require, including but not limited to applicable permits or approvals required by any City departm ent in the City’s regulatory capacity.

2. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Second Amendment, the terms of t his Second Amendment shall control. Except as expressly set forth in this Second Amendment , the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Second Amendment.

3. Miscellaneous. The recitals set forth above are incorporated into the body of this Second Amendment as if fully set forth therein. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. Unles s otherwise specified, captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof. If any provision of this Second Amendmen t is held invalid, illegal or unenforceable, the remaining provisions of this Second Amendmen t shall remain in full force if the overall purpose of the Second Amendment is not rendered impossible and the original purpose, intent or consideration is not materially impaired. This Second Amendment and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and

Page 3 of 5 ends

will supersede all prior offers, negotiations and agreements wi th respect to the subject matter of this Second Amendment. The persons who have executed this Secon d Amendment represent and warrant that they are duly authorized to execute the same in th eir individual or representative capacity as indicated. This Second Amendment will become effect ive and binding only upon the handwritten legal execution, acknowledgment and delivery hereof by Licensor and Licensee. This Second Amendment may be executed in two (2) or more counterpart s, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties. All Parties need not sign the same counterpart.

[SIGNATURES APPEAR ON THE NEXT PAGE]

Page 4 of 5 ends

IN WITNESS WHEREOF , the Parties have caused their properly authorized representatives to execute this Second Amendment to be effective on the latter date set forth below.

LICENSOR:

City of Antioch,
a California municipal corporation

By:

Bessie Marie Scott
City Manager

D a t e :

ATTEST:

By:

Melissa Rhodes
City Clerk

APPROVED AS TO FORM:

By:

Derek P. Cole
Interim City Attorney

LICENSEE:

Crown Castle Fiber LLC,
a New York limited liability company

By:

Print Name:

Print Title:

Date: _____

Page 5 of 5 ends

ATTACHMENT 1

Modified Design Configurations

(1) Plan drawings dated 03/27/2025, rev. H, and photo simulations for SPR-NORCAL-003M1 / SF74XB986 / SF19267Z / BA9003BA_11LAB located near the southe ast corner of Prewett Ranch Drive and Forty Niner Way (15 pages);

(2) plan drawings dated 03/27/2025, rev. H, and photo simulations f or SPR-NORCAL-016 / SF74XB986 / SF19267Z / BA9003BA_31LAB located near the north side of Prewett Ranch Drive and Oneida Way (15 pages); and

(3) plan drawings dated 03/27/2025, rev. H, and photo simulations f or SPR-BRB-04 / SF74XB986 / SF19267Z / BA9003BA_41LAB located near the southwes t corner of Geronimo Court and Piute Way (15 pages) appear behind this cover (total 45 additional pages).

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ATTACHMENT “A”
ATTACHMENT “A”

TRIENNIAL REPORT ON WATER QUALITY

RELATIVE TO PUBLIC HEALTH GOALS

June 05, 2025

Prepared in Accordance with:

California Health and Safety Code, Section 116470
2025 City of Antioch’s Triennial Report on Water Quality Relative to Public Health Goals

2 | Page

TABLE OF CONTENTS
Section 1 -Background Information
H i s t o r y 3
W h a t a r e P H G s ? 3
R e p o r t i n g R e q u i r e m e n t s 3
W a t e r Q u a l i t y D a t a C o n s i d e r e d 4 G u i d e l i n e s F o l l o w e d 4
B e s t A v a i l a b l e T r e a t m e n t T e c h n o l o g y a n d C o s t E s t i m a t e s 4 Section 2
C o n s t i t u e n t s D e t e c t e d t h a t E x c e e d a P H G o r M C L G 4 Section 3
R e c o m m e n d a t i o n s f o r F u r t h e r A c t i o n 6 R e f e r e n c e s 7

City of Antioch – Water Treatment Plant

401 Putnam Street
Antioch, CA 94509
(925) 779-7024

2025 City of Antioch’s Triennial Report on Water Quality Relative to Public Health Goals

3 | Page

SECTION 1: Background Information
History:

The California Health and Safety Code Section 116470 specifies that water utilities serving more than 10,000 connections prepare a brief written report every three years that documents detections of any constituents that exceed a Public Health Goal (PHG) in the preceding three years. PHGs are non-enforceable goals established by the California Office of Environmental Health Hazard Assessment (OEHHA). The law also requires that where OEHHA has not adopted a PHG for a constituent, the water suppliers are to use the Maximum Contaminant Level Goal (MCLG) adopted by the United States Environmental Protection Agency (USEPA). Only constituents that have both a California primary drinking water standard and a PHG or MCLG as of December 31, 2021, are to be addressed in the report.

The City of Antioch prepared the last Triennial PHG Report in 2022. The 2025 Triennial PHG Report, due July 1, 2025, covers constituents detected in the City of Antioch’s water supply during calendar years 2022 through 2024 at a level exceeding an applicable PHG or MCLG, and provides the required health risk information for each exceeded constituent. Included is the numerical public health risk associated with the Maximum Contaminant Level (MCL) and the PHG or MCLG, the category or type of risk to health that could be associated with each constituent, the best technology available that could be used to reduce the constituent level, and an estimate of the cost to install that treatment if it is appropriate and feasible.

What are PHGs:

PHGs are set by the California Environmental Protection Agency’s OEHHA and are based solely on public health risk considerations. None of the practical risk-management factors that are considered by the USEPA or the State Water Resources Control Board, Division of Drinking Water (DDW) in setting drinking water standards (MCLs) are considered in setting the PHGs.

These factors include analytical detection capability, treatment technology available, benefits and costs. The PHGs are not enforceable and are not required to be met by any public water system. MCLGs are the federal equivalent to PHGs.

Reporting Requirements:

The purpose of this report is to inform consumers of the City’s drinking water public health goals that were exceeded during 2022, 2023 and 2024, pursuant to California Health and Safety Code Section 116470(b). In addition, this report provides information about the cost of achieving a water quality level that does not exceed the public health goals.

2025 City of Antioch’s Triennial Report on Water Quality Relative to Public Health Goals

4 | Page

Water Quality Data Considered:

All water quality data collected from the City of Antioch’s water system during calendar years 2022, 2023, and 2024 for the purpose of evaluating compliance with drinking water standards has been reviewed. The data was also summarized in the 2022 and 2023 Annual Water Quality Reports (AWQRs), which were made available on the City of Antioch’s website. The 2024 AWQR will be made available online by July 1, 2025. Postcards were mailed to all customers with a link to the City’s website and instructions on how to request a hard copy of the AWQR, if preferred.

Guidelines Followed:

This report was prepared following a document titled “Health Risk Information for Public Health Goal Exceedance Reports” published on February 2025 by California Environmental Protection Agency’s OEHHA.

Best Available Treatment Technology and Cost Estimates:

Both the USEPA and DDW adopt what are known as Best Available Technologies that are the best-known methods of reducing contaminant levels to the MCL. Costs can be estimated for such technologies. However, since many PHGs and all MCLGs are set much lower than the MCL, it is not always possible or feasible to determine what treatment is needed to further reduce a constituent downward to or near the PHG or MCLG, many of which are set at zero. Estimating the costs to reduce a constituent to zero is difficult, because it is not possible to verify by analytical means that the level has been lowered to zero.

In some cases, installing treatment to further reduce very low levels of one constituent may have adverse effects on other aspects of water quality.

SECTION 2: Constituents Detected that Exceed a PHG or MCLG We are pleased to report that during this reporting period, none of the regulated constituents were detected at levels exceeding their Public Health Goals (PHGs) or Maximum Contaminant Level Goals (MCLGs).

SECTION 3: Recommendations for Further Action
The City of Antioch drinking water quality meets all the DDW and USEPA drinking water standards set to protect public health. Therefore, no action is proposed at his time.

REFERENCES
Health and Safety Code Section 116470
As a condition of its operating permit, every public water system must annually prepare a Consumer Confidence Report and deliver a copy to each customer, either electronically or by mail —excluding occupants of recreational vehicle parks, as defined in Section 799.28 of the Civil Code. A public water 2025 City of Antioch’s Triennial Report on Water Quality Relative to Public Health Goals

5 | Page

system serving a recreational vehicle park with occupants, as defined in Section 799.28 of the Civil Code, must prominently display a copy of the Consumer Confidence Report on a bulletin board at the park entrance or in the park office, and make it available upon request.

On or before July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections that detect one or more contaminants in drinking water that exceed the applicable public health goal, shall prepare a brief written report in plain language that does all of the following:

1. Identifies each contaminant detected in drinking water that exceeds the applicable public health goal.

2. Discloses the numerical public health risk, determined by the office, associated with the maximum contaminant level for each contaminant identified in paragraph (1) and the numerical public health risk determined by the office associated with the public health goal for that contaminant.

3. Identifies the category of risk to public health, including, but not limited to, carcinogenic, mutagenic, teratogenic, and acute toxicity, associated with exposure to the contaminant in drinking water, and includes a brief plainly worded description of these terms.

4. Describes the best available technology, if any is then available on a commercial basis, to remove the contaminant or reduce the concentration of the contaminant. The public water system may, solely at its own discretion, briefly describe actions that have been taken on its own, or by other entities, to prevent the introduction of the contaminant into drinking water supplies.

5. Estimates the aggregate cost and the cost per customer of utilizing the technology described in paragraph (4), if any, to reduce the concentration of that contaminant in drinking water to a level at or below the public health goal.

6. Briefly describes what action, if any, the local water purveyor intends to take to reduce the concentration of the contaminant in public drinking water supplies and the basis for that decision.

7. Public water systems required to prepare a report pursuant to subdivision (b) shall hold a public hearing for the purpose of accepting and responding to public comment on the report. Public water systems may hold the public hearing as part of any regularly scheduled meeting.

8. The department shall not require a public water system to take any action to reduce or eliminate any exceedance of a public health goal.

9. Enforcement of this section does not require the department to amend a public water system's operating permit.

10. Pending adoption of a public health goal by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365, and in lieu thereof, public water systems shall use the national maximum contaminant level goal adopted by the United States Environmental Protection Agency for the corresponding contaminant for purposes of complying with the notice and hearing requirements of this section.

Notes for Public Health Goals Report 2025

Public Health Goal (PHG) Report
The triennial Public Health Goal (PHG) Report is one of many water quality reports prepared by the Water Treatment Division for the California State Water Resources Control Board. This report is unique to California and is required in addition to the federally mandated Consumer Confidence Report (CCR), also known as the Annual Water Quality Report—which is published each year by July 1. The current PHG Report covers monitoring results from calendar years 2022 through 2024.

Public Health Goals (PHGs) are contaminant levels in drinking water established by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA). Using current risk assessment principles, OEHHA defines PHGs as the concentrations of contaminants that pose no significant health risk if consumed daily over a lifetime.

Unlike enforceable drinking water standards—known as Maximum Contaminant Levels (MCLs)—PHGs do not incorporate practical risk-management considerations. These include:
x the ability of laboratories to detect contaminants,
x the availability and feasibility of treatment technologies, and x the cost-benefit implications of compliance.

As a result, PHGs are non-enforceable goals, and public water systems are not required to meet them.

Public Hearing
As required by the California Health and Safety Code, a water system must prepare a report that identifies the health risk category associated with exposure to each drinking water contaminant that has an established Public Health Goal (PHG), along with a brief description of the associated health risks. If any PHGs have been exceeded, the Code further mandates that a public hearing be held for the purpose of receiving and addressing public comments on the report.

Conclusion for the Council
In accordance with California Health and Safety Code §116470(b), our water system has completed the required triennial Public Health Goal Report. The report found no exceedances of any Public Health Goals. Therefore, a public hearing is not required. A copy of the report is available for public review on the city website, or upon request, and can be made available to council members if desired.

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Antioch City Council Report
June 24, 2025, Agenda Item M 2

Centricity GIS completed the software implementation with dashb oard creation, data migrations, and training Public Works staff on the new system. On March 26, 2024, the first amendment to extend the Centricity GIS contract was appro ved by City Council but not executed and work was not performed. The prior training rec eived under the CityWorks software proved to be adequate for Public Works staff . However, Unity Maintain software has enhancemen ts and upgraded system architec ture that requires Public Works staff to be re-trained after the software update.

Staff is recommending the City Council approve the first amendm ent to the consulting services agreement with Centricity GIS, LLC to include additional software configuration, state mandated report creation, staff training, and data migration to Trimble Unity Maintain software. This amendment will increase the existing contract by $70,000 for a total contract amount of $141,000 and extend the term of the agreemen t through June 30, 2026.

ATTACHMENTS
A. Resolution

1. Exhibit 1. First Amendment Draft
a. Exhibit A. Centricity GIS Services Proposal
B. Resolution dated March 26, 2024
ATTACHMENT “A”

RESOLUTION NO. 2025/xxx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING THE FIRST AMENDMENT TO THE CONSULTING SERVICES

AGREEMENT WITH CENTRICITY GIS, LLC FOR IMPLEMENTATION OF UNITY

MAINTAIN (FORMALLY CITYWORKS) ASSET MANAGEMENT SOFTWARE AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE FIRST

AMENDMENT

WHEREAS, on October 29, 2020, staff solicited qualifications from sever al software companies, published to plan rooms and posted on the C ity website, for implementation of a Mapcentric Enterprise Asset Management System;

WHEREAS, on November 20, 2020, ten proposals were received, including submissions by Centricity GIS, LLC and Timmons Group, with both f i r m s r e c e i v i n g placement on the short list of highest qualified consultants;

WHEREAS, on May 1, 2021, the City Council awarded the agreement to Timmons Group, LLC. with a two-year term ending on May 2023;

WHEREAS, on May 1, 2023, the contract with Timmons Group, LLC expired and implementation of the software was not complete;

WHEREAS, on May 1, 2023, Centricity GIS, LLC agreed to extend their or iginal proposal offer of $71,000, from November of 2020 to the City;

WHEREAS, on July 25, 2023, the City Council authorized the City Manager to execute the agreement for the implementation of asset managemen t software with Centricity GIS, LLC for a total amount of $71,000;

WHEREAS, on March 26, 2024 the first amendment to extend the Centricit y GIS contract was approved by City Council, but not fully executed, and work was not performed; and

WHEREAS, on June 24, 2025, the City Council has considered approving the first amendment to the consulting services agreement with Centricity GIS, LLC in the amount of $70,000 for a total contract amount of $141,000, and extendi ng the term of the agreement through June 30, 2026, and authorizing the City Manag er or designee to execute the amendment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the first amendment to the consulting services agreement with Centricity GIS, LLC for implementation of asset management software in the amount of $70,000, for a total contract amount of $141,000, and extending the term of the agreement to June 30, 2026, and authorizing the City Manager or designee to execu te the second amendment in a form approved by the City Attorney.

RESOLUTION NO. 2025/**
June 24, 2025

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Antioch City CouncilJune 24, 2025

Antioch City Council
June 24, 2025