Agenda packet — Lathrop City Council, May 8, 2023 (part 2 of 7)

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The foregoing resolution was passed and adopted this 8t'' day of May, 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney

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GacuSign Env iop i: OA5 43Dv 3- 1- 4i6- 8 29- 825 3 Go 53

CITY OF LATHROP

AGREEMENT FOR PROFESSIONAL AUDITING SERVICES WITH

BADAWI & ASSOCIATES
FOR FISCAL YEARS ENDING JUNE 30, 2023 THROUGH JUNE 30, 2025 THIS AGREEMENT, dated for convenience this day of May, 2023, is by and between BADAWI & ASSOCIATES (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Auditing Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Audit Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Scope of Service.

CONSULTANT agrees to perform Professional Auditing Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit" A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction.

Additional Work. If changes in the work seem merited by CONSULTANT or the CITY, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: CONSULTANT shall forward a letter outlining the changes to the CITY with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the CITY and executed by both Parties before performance of such services, or the CITY will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 CITY OF LATHROP — PROFESSIONAL AUDITING SERVICES
BADAWI 8 ASSOCIATES
2) Compensation.

Subject to Section 14 below, CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 54, 125 for fiscal year ending June 30, 2023, $ 55, 705 for fiscai year ending June 30, 2024, and $ 57, 365 for fiscal year ending June 30, 2025, for the Professional Auditing Services set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Section 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work.
3) Effective Date and Term.

The effective date of this Agreement is May 2023, and it shall terminate no later than June 30, 2026 ( which includes fiscal years ending June 30, 2023, 2024, and 2025), provided that the CITY may renew this agreement for an additional two 2) year periods, commencing on July 1 of each year and terminating on June 30 of each subsequent year. Each such renewal shall be automatic unless CONSULTANT is given thirty ( 30) days written notice of CITY' s intention not to renew this agreement.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billinqs
Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services perFormed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in Section 2 for either task or for the entire Agreement, unless modified by a properly executed change order. 6) Advice and Status Reportinq
COIvSVLT NT shall povid thc CITY with timely reports, raiiy r iii Vviiililc, of all significant developments arising during performance of its services hereunder, and

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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 CITY OF LATHROP — PROFESSIONAL AUDITING SERVICES

BADAWI & ASSOCIATES
shali furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assiqnment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the CITY to process a reason or explanation for its request.

The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Ahmed Badawi, President CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
8) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.

CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided wiih lir iis oi i c i fess than one millioi dollars. In the alternative, CONSULTANT may rely on a selfPage 3 of 12 211
DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 CITY OF LATHROP — PROFESSIONAL AUDITING SERVICES

BADAWI & ASSOCIATES
insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liabilitv Insurance.

CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.

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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 CITY OF LATHROP — PROFESSIONAL AUDITING SERVICES

BADAWI & ASSOCIATES
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($ 1, 000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self-insured retention shall not exceed 150, 000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:

1. The retroactive date of the policy must be shown and must be before the date of the Agreement.

2. Insurance must be maintained and evidence of
insurance must be provided for at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.

3. f C L2i'a 2 is canceled 01' CiOi i2 i2'vti2u iC It 18 ii i replaced with another claims made policy form with a

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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 CITY OF LATHROP — PROFESSIONAL AUDITING SERVICES

BADAWI & ASSOCIATES
retroactive date that precedes the date of this
Agreement, CONSULTANT must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work. The CITY
shall have the right to exercise at the CONSULTANT' S
cost, any extended reporting provisions of the policy
should the CONSULTANT cancel or not renew the
coverage.

4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of
any work under this Agreement.
d) Deductibles and Self- Insured Retentions. CONSULTANT shall disclose the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representaiive may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.

In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to siop work under ihis Hgreement or withhold any payment which becomes due to CONSULTANT

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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 CITY OF LATHROP — PROFESSIONAL AUDITING SERVICES

BADAWI & ASSOCIATES
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an aiternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
10) Indemnification - CONSULTANT' S Responsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perForm.

Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.

CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11) Licenses
li a license of any kind, which ierm is ii ie ded to include evidence of registratiori, is required of CONSULTANT, its employees, agents, or subcontractors by federal

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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 CITY OF LATHROP — PROFESSIONAL AUDITING SERVICES

BADAWI & ASSOCIATES
or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event oftermination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' S delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) Fundinq
CONSULTANT agrees and understands that funding of this agreement beyond the current fiscal year is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. 15) Notices
All contracts, appointments, approvals, authoriZations, claims, demands, change orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone fax number set forth below during regular business hours of the receiving party and followed with two 2) days by delivery of a hard copy of the material sent by facsimile transmission.

Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To CITY: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330

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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 CITY OF LATHROP — PROFESSIONAL AUDITING SERVICES

BADAWI & ASSOCIATES
Copy to: City of Lathrop
Finance Department
390 Towne Centre Drive
Lathrop, CA 95330
Main: ( 209) 941- 7320
Fax: ( 209) 941- 7339
To CONSULTANT: Badawi & Associates
Ahmed Badawi
2855 Telegraph Avenue
Suite 312
Berkeley, CA 94705
Phone: ( 510) 768- 8244
Fax: ( 510) 768- 8249
16) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
fl Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the gre2ment and shall be deemed to be part of this Agr m nt.

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BADAWI 8 ASSOCIATES
g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement befinreen the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.

All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

Q) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effec#.
k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.

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BADAWI & ASSOCIATES
o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, inciuding reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. CITY shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
18) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 CITY OF LATHROP — PROFESSIONAL AUDITING SERVICES
BADAWI 8 ASSOCIATES
Approved as to Form: City of Lathrop
City Attorney
Z Z .

Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Director of Finance
Cari Jame Date
Approved By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Badawi & Associates
Ahmed Badawi, President
2855 Telegraph Avenue
Suite 312
Berke ey, CA 94705
Fed I D #:

Business License #
DocuSigned by:

Q, nt,, ja. abvi 5/ 3/ zoz3
Signature Date
4hmed Badawi President
Print Name and Title)

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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 EXHIBIT '"A"
r . i
For Professianal Auditing Services for
the City of Lathrop
For fiscal years ending June 30, 2 23 through 2425,
with the option of extending the contract for each of
the two { 2} subsequent fiscal years.

April 26, 2023
Contact Person;
Ahmed Badawt, CPA
Sadawi 8 Assacfates
Certified Public Accountants
2855 7etegraph Avenue, Suite 372
Bericelsy, GA 94705
Phone;{ 510) 768-$ 244
Fax: ( 510) 768-8249
E- mail: abadaw' _- acpa. com
s BADAWf tASSflCIATES
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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 222
DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 City ot Lathrop Cost Proposaf
Name o# Firm a d Certification
Name of Firrn: Badawi& Associates
Address 2855 Telegraph Avenue, Suite 312
City, State, Zip: Berkefey, CA 94705
Contact Name° Ahmed Badawi
Conta t Yelephane Number( s): 5i0- 768- 8244
Contact Fax Number(s}; 510-768- 8249
Cantact E- mail Address: abadawiCa7b- acpa. com
i, the undersigned, certify 1 am duly authorized to represent the above named firrn and am empowered to subrnit this bid. In addition, i cert'sfy I am authorized to contract with the City of Lathrop on behaif of tt abave named rm. i'he Firm vii! honor the price listed in this proposal for 180 days from the submittal deadline. r,--'~
y
President Apri! 26, 2023
Signature Title Oate
Ahmed Badawi
Name
s- BanAwt& Assoc A s
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DocuSign EnvelopelD: 0A6448DD- 2FF1- 4169- 8829- 825F35E08858 Gity of Lathrap Cost Proposal
RFP Attachment A
AUD1T WORK COST PROPOSAL FORM
2025126 2426/ 27
Optional Op4anal
Service 2Q22/ 23 2023124 2U24l25 Yeac Year
Ci Audit and Related Re rts 43, 855 $ 44, 960 46, 230 + 47, 230 $ 48, 305 Sin le Audit 4, 625 4, 735 4. 915 5, 22Q 5, 495
GANN Limi# A reed- u n Procedures fi65 735 780 830 870
Ci State Controller' s Report 3, 434 3, 125 3, 155 3, 355 3,665 Annual Street Re art 1, 95D 2, 150 2, 285 2, 425 2, 445 Total for Fiscal Year{ not o ez eed 54, 125 S 55, 705 $ 57, 365 $ 59, 060 $ 6Q,78Q Note: included in our proposed fee are all out of pocket- expenses. t BADAWIZStASSO EATES 2
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DocuSign EnvelopelD: 0A6448D D- 2FF1- 4169- 8829- 825F35E08858 C1ty af Lathrop Cast Proposal
RFP Attachment B
ESTlMATE UF CQST
Name af Firm. Badawi& Assaciates CPA
Address: aA S Tel+graph Avenue Suite 312 Bericelev CA 94705 Contact Name: Ahmed Sadawi
Contact Phone#: 510- 768- 8244 Fax# 510- 768- 8249
Cantact Email d wi b- ac a. corn

1. Auditor' s Quoted Billing Rates`
2025f26 2028127
Qp#ional Optionai
Pasition 2022123 20 3124 2024t25 Year Year
1' a kner 150 i6 $ 985 $ 170 $ 175
Audit Mana er 120 130 135 140 150
Audit Seniar 85 95 105 110 115
Protessionai Audit Staff 75 85 90 100 1 a5
T Specialists 120 130 135 140 145
Administra6ve Assistant 60 60 65 65 70
Please see the Auditar' s S#andard Billing Rates on the next page. 7 BADAWI tASSOCIATE5 3
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DocuSign Envelope ID: OA6448DD- 2FF1- 4169- 8829- 825F35E08858 City of Lathrop CosE Proposal
Manner of Pavment:

Each Engagement Team member maintains detailed time sheets describing work petformed, date ai work, and amount of time spent on each task for the Engagement. The Finn will bili the City after camplefion of each phase of the audit and bill the City up to a maximum of 90°l0. The remaining 10% of the propasal amount will not be due until ail fnal reports are dali ered and accepted by the City. The City can anticipate three billings as follows:
of P aposat
Work Performed Amaunt
Far interim wark 45° l0
Far year- end work 45°l0
AE presentation and acceptance of finai eports i0%
Ta#al 100°! 0
Rates fiar Additional Pmfessional Services:

Any services outside the scope of our engagement will be promptly identified before the services are rendered. Upan mutual agreement, the out-af-scope services will be saparately billed at our standard hourly rates. While it c n be diKcult to simply 5tate hourly rates, as oRen times the needs of the clisnt and the specific tasks directly impact the billing rates for our services, we want to provide the following infarmation regarding aur published billing rates Po ition Hourly Rate
Partner 200 I
EQR 200 j
Manager 150
Senior i25
Staff 00
Admin. 75
Uur Standarcl Hourly Rates are adjusied annualty by 3% for Cost f Living and Inflation Adjustment Concfuslan:

A client relatipnship with the City wiil be of great va( ue to our Firm and we welcame the opportunity to develop a langterm relationship with the City. We are committed to:

Rendering thQ highest standard af service.

Developing a long- term working re{atiflnship dedicated t meeting the needs of the City.

Assisting the City in operational issues.

Producing a quality end- produc#.

We have the technica! qualifications and experience to prnvide the level of service desired and expected by the City and stand ready to provide our knawledge and experience for the benefit of yaur organization.

We wauld like to express our appreciation to the City and to its Staff for allowing us the opportunity to submit a proposal to perform professional auditing senrices. We are availabfe, at your convenience, to discuss any aspects of our proposal.

Thank yau fa allowing us to present our Firm ta you.
f t! R t*** it t 1# f•
tf ' BADAW I S A55+C} CIATES q
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CITY MANAGER' S REPORT ITEM 4. 12
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE RESOLUTION DECLARING THE

REMAINING REDEMPTION FUND BALANCE TO BE

SURPLUS, ORDERING THE DISPOSITION OF SUCH

SURPLUS, AND APPROVING THE CLOSEOUT

ANALYSIS REPORT PREPARED BY NBS FOR THE

NORTH HARLAN WATER IMPROVEMENT DISTRICT
99- 01
RECOMMENDATION: Adopt a Resolution Declaring the Remaining Redemption Fund Balance to be Surplus, Ordering
the Disposition of such Surplus, and Approving the
Closeout Analysis Report Prepared by NBS for the
North Harlan Water Improvement District 99- 01
SUMMARY:

The City retained NBS to review and prepare a District Closeout Analysis Report ( the Closeout Report") for the North Harlan Water Improvement District 99- 01 (" the Assessment District"). This Closeout Report identifies $ 47, 816 of Surplus funds and recommends the disposition of the remaining funds in accordance with applicable laws and bond documents.

Following a complete analysis of all funds associated with the Assessment District, the City has elected to transfer the Assessment District's Redemption Fund surplus to the City' s General Fund, pursuant to Section 8784 of the Streets and Highway Code.

The Resolution presented declares the remaining Redemption Fund balance to be surplus, orders the disposition of such surplus, and approves the Closeout Analysis Report prepared by NBS for the District.

BACKGROUND:

The City of Lathrop formed the Assessment District in 2000 pursuant to the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code and bonds were issued pursuant to the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code.

Limited Obligation Improvement Bonds, North Harlan Water Improvement District 99- 01 Series 2000 ( the Bonds") totaling $ 990, 885 were issued by the City to finance the construction of water main improvements and water service connections to the City' s water system ( the Project").

The City has confirmed that the Project for the Assessment District has been completed, and all remaining debt associated with the Bonds were retired on September 2, 2020.
228
CITY MANAGER' S REPORT PAGE 2
MAY 8, 2023 CITY COUNCIL REGULAR MEETING

CLOSEOUT ANALYSIS REPORT FOR THE NORTH HARLAN WATER
IMPROVEMENT DISTRICT 99- 01
REASON FOR RECOMMENDATION:

The Project for the Assessment District has been completed and all remaining Bonds were retired. Upon adoption of the attached Resolution, the funds associated with the Assessment District will be closed and the Assessment District will be closed out.

FISCAL IMPACT:

None. The cost of the Closeout Report and any associated administrative fees are paid from the Assessment District funds.

ATTACH M ENTS:

A. A Resolution Declaring the Remaining Redemption Fund Balance to be Surplus, Ordering the Disposition of such Surplus, and Approving the Closeout Analysis Report prepared by NBS for the District Note - Closeout Report is available for review in the City Clerk' s Office. 229
CITY MANAGER' S REPORT PAGE 3
MAY 8, 2023 CITY COUNCIL REGULAR MEETING

CLOSEOUT ANALYSIS REPORT FOR THE NORTH HARLAN WATER
IMPROVEMENT DISTRICT 99- 01
APPROVALS:
1 1.

Cari Jame Date
Director Finance
z- Z Zo z.3
Salvador Navarrete Date
City Attorney
T'• • Z3
Ste en J Salvatore Date
City Manager
230
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP DECLARING

THE REMAINING REDEMPTION FUND BALANCE TO BE SURPLUS, ORDERING

THE DISPOSITION OF SUCH SURPLUS, AND APPROVING THE CLOSEOUT

ANALYSIS REPORT PREPARED BY NBS FOR THE NORTH HARLAN WATER IMPROVEMENT DISTRICT 99- 01
WHEREAS, the District Council ( the Council") of the City of Lathrop ( the City") has, by previous resolution and related actions, undertaken proceedings to form the North Harlan Water Improvement District 99- 01 ( the Assessment District"); and, WHEREAS, the Council authorized the issuance of the limited obligation improvement bonds for the Assessment District pursuant to the Refunding Act of 1984 for the Improvement Bond Act of 1915 to finance certain water system improvements the " Improvements"); and,
WHEREAS, the Assessment District has undertaken such Improvements as authorized in the formation Resolution for the Assessment District; and, WHEREAS, the Council is satisfied that the Improvements for the Assessment District have been fully completed; and,
WHEREAS, there exists an unencumbered balance in the Redemption Fund for the Assessment District; and,
WHEREAS, the Council now wishes to make provision for the determination of surplus funds for their appropriate disposition pursuant to the Streets and Highways Code of California.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. The Council hereby declares the remaining balance of the Redemption Fund of the Assessment District to be surplus.

Section 3. The Council hereby orders the disposition of said surplus funds according to Section 8784 of the Streets and Highways Code of California as specified in the Closeout Analysis Report prepared by NBS for the Assessment District.

Section 4. The Council hereby approves the Closeout Analysis Report prepared by NBS for the Assessment District.
231
The foregoing resolution was passed and adopted this 8th day of May 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 232
CITIf QF LATH QR
District Closeout Analysis Report For:

Limited Obligation Improvement Bonds
North Harlan Water Improvement District 99- 01
Series 2000
February 2023
Prepared by:

Corporate Headquarters
Melpingcommurilties ' s- OS Tm i77f, id< F' a kw ny, Si fe' 7. Ct) fundtOrttO row Tar i at! d, Cn i"<: t
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nbsgov. com
233

TABLE OF CONTENTS

1. Executive Summary........................................................................................................ 1

2. Funds Analysis................................................................................................................ 2

3. Disposition of Funds ....................................................................................................... 3

3. 1 Redemption Fund...................................................................................................... 3

4. Notice of Completion...................................................................................................... 4

5. Resolution...................................................................................................................... 5

6. Final Debt Service Schedule ............................................................................................ 6 234

1. EXECUTIVE SUMMARY
The City of Lathrop( the" City') formed the North Harlan Water Improvement District 99- 01 (" the Assessment District") in 2000 pursuant to the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code( the" Act") and bonds were issued pursuant to the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code( the" Code").

Limited Obligation Improvement Bonds, North Harlan Water Improvement District 99- 015eries 2000( the Bonds") totaling$ 990, 885 were issued by the City to finance the construction of water main improvements and water service connections to the City' s water system ( the" Project").

The City has confirmed that the Project has been completed, and all remaining debt associated with the Bonds were retired on September 2, 2020.

The City retained NBS to review and prepare a District Closeout Analysis Report( the " Closeout Report") for the Assessment District. This Closeout Report summarizes the recommendations for the disposition of the remaining funds in accordance with applicable laws and bond documents.

Following a complete analysis of all funds associated with the Assessment District, the City has elected to transfer the Assessment District' s Redemption Fund surplus to the City' s General Fund, pursuant to Section 8784 of the Streets and Highway Code.
xt
North Harlan Water Improvement District 99- 01 Series 2000 District Closeout Analysis Report 1
235

2. FUNDS ANALYSIS
The following table provides the fund analysis prepared for the Assessment District. The analysis reflects the December 16, 2022, fund balances associated with the Assessment District:

Improvement Fund Balance as of 12/ 16/ 2022 0. 00
Ending Balance 0. 00
Cost of Issuance Fund Balance as of 12/ 16/ 2022 0. 00
Ending Balance 0. 00
Reserve Fund Balance as of 12/ 16/ 2022 0. 00
Ending Balance 0.00
Redemption Fund Balance as of 12/ 16/ 2022 60, 315. 77
Ending Balance 60, 315. 77
Total Funds Available 60, 315. 77
Less: NBS Fee for District Closeout Analysis Report 12, 500. 00) Less: City Fee for Assessment District Closeout 0. 00
Less: Amount Transferred to the City' s General Fund 47, 815. 77) a
North Harlan Water Improvement District 99- 01
District Closeout Analysis Report 2
236

3. DISPOSITION OF FUNDS

3. 1 Redemption Fund
Pursuant to Section 8784 of the Code, a surplus in the Redemption Fund that remains after the retirement of all outstanding bonds " shallfirst be applied to repayment to the city of any special taxes levied by itfor the purpose of advancingfunds under Part 13( commencing with Section SSOOJ less its recovery on the sale or redemption of the properties assessed, and also of any costs incurred by it under this division. The remainder shall be repaid in accordance with the provisions ofSection 8783 to persons paying supp/emental assessments, if any, and the balance may be proportionately credited upon the final installments due upon the assessments securing the bonds and repaid to those persons whose assessments have been previously paid or may be transferred to the general fund ofthe city." The City is opting to transfer the remaining balance in the Redemption Fund to the City' s General Fund.

Upon the transfer to the City' s General Fund, the Redemption Fund should be closed.

North Harlan Water Improvement District 99- 01
District 3 Closeout Analysis Report
237

4. NOTICE OF COMPLETION
The following page contains the Notice of Completion of Public Improvements signed by the Director of Public Works.
yY`
North Harlan Water Improvement District 99- 01
District Closeout Analysis Report 4
238

NOTICE OF COMPLETION OF WATER MAIN IMPROVEMENTS
City of Lathrop
North Harlan Water Improvement District 99- 01
Notice is hereby given that the water main improvements financed by the North Harlan Water Improvement District 99- 01( the" Assessment District") as fully described in the Official Statement for said Assessment District have been completed.

The City of Lathrop established the Assessment District to finance the construction and installation of a water main and related facilities on Harlan Road and Roth Road.

Reference is made to the Official Statement for said Assessment District for a complete description of the improvements constructed.

The Director of Public Works certifies that the above recitals are true and correct.

M 1 G 1AE L 1< t N 3 l e Z023
Director of Public Works D t
City of Lathrop
239

5. RESOLUTION
The following pages contain the Resolution Declaring Surplus prepared for the Assessment District reflected in this Closeout Report to be passed by the District Council.

North Harlan Water Improvement District 99- 01
District Closeout Analysis Report 5
240

THE CITY OF LATHROP DISTRICT COUNCIL
RESOLUTION NO.

RESOLUTION DECLARING THE REMAINING REDEMPTION FUND BALANCE TO

BE SURPLUS, ORDERING THE DISPOSITION OF SUCH SURPLUS, AND

APPROVING THE CLOSEOUT ANALYSIS REPORT PREPARED BY NBS

FOR THE DISTRICT
WHEREAS, the District Council ( the " Council") of the City of Lathrop ( the " City") has, by previous resolution and related actions, undertaken proceedings to form the North Harlan Water Improvement District 99- 01 ( the " Assessment DistricY'); and, WHEREAS, the Council authorized the issuance of the limited obligation improvement bonds for the Assessment District pursuant to the Refunding Act of 1984 for the Improvement Bond Act of 1915 to finance certain water system improvements ( the Improvements"); and,
WHEREAS, the Assessment District has undertaken such Improvements as authorized in the formation Resolution for the Assessment District; and, WHEREAS, the Council is satisfied that the Improvements for the Assessment District have been fully completed; and,
WHEREAS, there exists an unencumbered balance in the Redemption Fund for the Assessment District; and,
WHEREAS, the Council now wishes to make provision for the determination of surplus funds for their appropriate disposition pursuant to the Streets and Highways Code of California.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. The Council hereby declares the remaining balance of the Redemption Fund of the Assessment District to be surplus.

Section 4. The Council hereby approves the Closeout Analysis Report prepared by NBS for the Assessment District.
241
PASSED AND ADOPTED THIS day of 2023, by the following vote of the Council of the City of Lathrop.

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk
City of Lathrop
242

6. FINAL DEBT SERVICE SCHEDULE
The following page contains the Final Debt Service Schedule.

North Harlan Water Improvement District 99- 01
District Closeout Analysis Report 6
243
City of Lathrop
North Harlan Water Improvement District 99- 01
Current Debt Service Schedule
Bonds Dated: 07/ 12/ 2000
Bonds Issued: $ 990, 885. 00
Payment Interest Payment Annual Call
Date CUSIP Rate Balance Principal Interest Total Total Premium Status 03/ 02/ 2001 6. 2500% $ 990, 885. 00 0. 00 $ 43, 200. 27 $ 43, 200. 27 0. 00 3. 0OOO o Paid 09/ 02/ 2001 6. 2500 990, 885. 00 15, 885. 00 33, 808. 91 49, 693. 91 92, 894. 18 3. 0000 Paid 03/ 02/ 2002 6. 2500 975, 000. 00 00 33, 312. 50 33, 312. 50 00 3. 0000 Paid 09/ 02/ 2002 6. 2500 975, 000. 00 30, 000. 00 33, 312. 50 63, 312. 50 96, 625. 00 3. 0000 Paid 03/ 02/ 2003 6. 2500 945, 000. 00 00 32, 375. 00 32, 375. 00 00 3. 0000 Paid 09/ 02/ 2003 6. 2500 945, 000. 00 30, 000. 00 32, 375. 00 62, 375. 00 94, 750. 00 3. 0000 Paid 03/ 02/ 2004 6. 2500 915, 000. 00 00 31, 437. 50 31, 437. 50 00 3. 0000 Paid 09/ 02/ 2004 6. 2500 915, 000. 00 30, 000. 00 31, 437. 50 61, 437. 50 92, 875. 00 3. 0000 Paid 03/ 02/ 2005 6. 2500 885, 000. 00 00 30, 500. 00 30, 500. 00 00 3. 0000 Paid 09/ 02/ 2005 6. 2500 885, 000. 00 35, 000. 00 30, 500. 00 65, 500. 00 96, 000. 00 3. 0000 Paid 03/ 02/ 2006 6. 2500 850, 000. 00 00 29, 406. 25 29, 406. 25 00 3. 0000 Paid 09/ 02/ 2006 6. 2500 850, 000. 00 35, 000. 00 29, 406. 25 64, 406. 25 93, 812. 50 3. 0000 Paid 03/ 02/ 2007 6. 2500 815, 000. 00 00 28, 312. 50 28, 312. 50 00 3. 0000 Paid 09/ 02/ 2007 6. 2500 815, 000. 00 40, 000. 00 28, 312. 50 68, 312. 50 96, 625. 00 3. 0000 Paid 03/ 02/ 2008 6. 2500 775, 000. 00 00 27, 062. 50 27, 062. 50 00 3. 0000 Paid 09/ 02/ 2008 6. 2500 775, 000. 00 40, 000. 00 27, 062. 50 67, 062. 50 94, 125. 00 3. 0000 Paid 03/ 02/ 2009 6. 2500 735, 000. 00 00 25, 812. 50 25, 812. 50 00 3. 0000 Paid 09/ 02/ 2009 6. 2500 735, 000. 00 40, 000. 00 25, 812. 50 65, 812. 50 91, 625. 00 3. 0000 Paid 03/ 02/ 2010 6. 2500 695, 000. 00 00 24, 562. 50 24, 562. 50 00 3. 0000 Paid 09/ 02/ 2010 5182528G5 6. 2500 695, 000. 00 45, 000. 00 24, 562. 50 69, 562. 50 94, 125. 00 2. 0000 Paid 03/ 02/ 2011 7. 1250 650, 000. 00 00 23, 156. 25 23, 156. 25 00 2. 0000 Paid 09/ 02/ 2011 7. 1250 650, 000. 00 50, 000. 00 23, 156. 25 73, 156. 25 96, 312. 50 1. 0000 Paid 03/ 02/ 2012 7. 1250 600, 000. 00 00 21, 375. 00 21, 375. 00 00 1. 0000 Paid 09/ 02/ 2012 7. 1250 600, 000. 00 50, 000. 00 21, 375. 00 71, 375. 00 92, 750. 00 0. 0000 Paid 03/ 02/ 2013 7. 1250 550, 000. 00 00 19, 593. 75 19, 593. 75 00 0. 0000 Paid 09/ 02/ 2013 7. 1250 550, 000. 00 55, 000. 00 19, 593. 75 74, 593. 75 94, 187. 50 0. 0000 Paid 03/ 02/ 2014 7. 1250 495, 000. 00 00 17, 634. 38 17, 634. 38 00 0. 0000 Paid 09/ 02/ 2014 7. 1250 495, 000. 00 60, 000. 00 17,634. 38 77,634. 38 95, 268. 76 0. 0000 Paid 03/ 02/ 2015 7. 1250 435, 000. 00 00 15, 496. 88 15, 496. 88 00 0. 0000 Paid 09/ 02/ 2015 7. 1250 435, 000. 00 60, 000. 00 15, 496. 88 75, 496. 88 90, 993. 76 0. 0000 Paid 03/ 02/ 2016 7. 1250 375, 000. 00 00 13, 359. 38 13, 359. 38 00 0. 0000 Paid 09/ 02/ 2016 7. 1250 375, 000. 00 65, 000. 00 13, 359. 38 78, 359. 38 91, 718. 76 0. 0000 Paid 03/ 02/ 2017 7. 1250 310, 000. 00 00 11, 043. 75 11, 043. 75 00 0. 0000 Paid 09/ 02/ 2017 7. 1250 310, 000. 00 70, 000. 00 11, 043. 75 81, 043. 75 92, 087. 50 0. 0000 Paid 03/ 02/ 2018 7. 1250 240,000. 00 00 8, 550. 00 8, 550. 00 00 0. 0000 Paid 09/ 02/ 2018 7. 1250 240, 000. 00 75, 000. 00 8, 550. 00 83, 550. 00 92, 100. 00 0. 0000 Paid 03/ 02/ 2019 7. 1250 165, 000. 00 00 5, 878. 13 5, 878. 13 00 0. 0000 Paid 09/ 02/ 2019 7. 1250 165, 000. 00 80, 000. 00 5, 878. 13 85, 878. 13 91, 756. 26 0. 0000 Paid 03/ 02/ 2020 7. 1250 85, 000. 00 00 3, 028. 13 3, 028. 13 00 0. 0000 Paid 09/ 02/ 2020 518252B59 7. 1250 85, 000. 00 85, 000. 00 3, 028. 13 88, 028. 13 91, 056. 26 0. 0000 Paid Grand Total: 990, 885. 00 $ 880, 802. 98 $ 1, 871, 687. 98 $ 1, 871, 687. 98 Copyright O 2012 by NBS Page 1 of 1 12/ 29/ 2022 04: 53: 18PM 244
245
ITEM 4. 13

CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AGREEMENT WITH BAY ALARM COMPANY

FOR FIRE ALARM, ACCESS CONTROL, EQUIPMENT,

MONITORING SERVICES AND MAINTENANCE AND

APPROVE RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt a Resolution Approving an Agreement with Bay Alarm Company for Fire Alarm, Access Control,
Equipment, Monitoring Services and Maintenance
and Approve Related Budget Amendment
SUMMARY:

Periodically, the City is required to upgrade and make improvements to security systems at various City facilities. The security systems are required to protect these facilities from acts of terror or vandalism as required by State and Federal rules and regulations.

Bay Alarm Company has provided security, fire alarm, and access control services consistently at numerous City facilities for over twenty ( 20) years and have approved network security access. Continued services are necessary to safeguard city facilities and obtaining additional quotes for similar services would require new equipment installation, which would result in a substantially higher cost to the City. The equipment installed throughout the City' s facilities is not interchangeable with other vendor' s equipment. Additionally, publishing information regarding the City to acquire new quotes for services and equipment poses a security risk that could compromise the City' s network. Therefore, staff has negotiated new rates with Bay Alarm as shown in Table 1.

Table 1.
ist Year - FY 22/ 23 134, 700
2" dYear - FY 23/ 24 127, 965
3 d
Year - FY 24/ 25 , $ 122, 846
4t" Year - FY 25/ 26 , $ 119, 161
5tn Year - FY 26/ 27 ; $ 116, 778
Total Cost ' $ 621, 450
Tonight staff is recommending that the City Council approve a five ( 5) year agreement with Bay Alarm Company to provide fire alarm, access control, equipment, monitoring services and maintenance for City facilities for a total sum of $ 621, 450, subject to future budget approvals, and related budget amendment. 246
CITY MANAGER' S REPORT PAGE 2
May 8, 2023 CITY COUNCIL REGULAR MEETING

AGREEMENT WITH BAY ALARM COMPANY FOR FIRE ALARM, ACCESS

CONTROL, EQUIPMENT, MONITORING SERVICES AND MAINTENANCE AND

APPROVE RELATED BUDGET AMENDMENT
BAC KG ROU N D:

In 2003, in accordance with the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 ( Act), the City completed an Emergency Response Plan based on a Vulnerability Assessment ( VA) prepared to evaluate threats to the City' s potable water system pursuant to United States Environmental Protection Agency U. S. EPA) guidelines and requirements. The City' s design and construction standards for secured facilities were updated to incorporate the findings and conclusions of these documents. At that time, the City provided certification to the U. S. EPA that the VA and updated Emergency Response Plan ( ERP) incorporating the findings of the VA were completed in accordance with the Act' s requirements.

Bay Alarm Company has provided fire alarm, and access control services at numerous City facilities for over twenty ( 20) years, and has grown to encompass monitoring services and maintenance as well. When City Council approved the previous agreement in 2018, nineteen ( 19) facilities would be serviced by Bay Alarm Company and when the agreement with Bay Alarm Company expired at the end of June 2022 the total facilities being serviced had grown to thirty- nine ( 39). Bay Alarm Company has continued services since expiration of the agreement while pricing negotiations were taking place. Billing is annual and expenses for fiscal year 22/ 23 would be invoiced June 2023.

Continued services are necessary to safeguard City facilities and obtaining additional quotes for similar services would require new equipment installation, which would result in a substantially higher cost to the City. The equipment currently installed is not compatible with the other vendor' s equipment and would require replacing. It would require a tremendous amount of staff time to secure the facilities during transition and installation of new equipment from the new vendor. Additionally, publishing information regarding the City to acquire additional quotes poses a security risk that could compromise the City' s network. Bay Alarm Company has network security access and is familiar with the City' s facilities and standards.

Pursuant to LMC 2. 36. 110 these services are exempt from bidding and quotes from other vendors were not required.

In an effort to provide the City with the most competitive pricing, Staff negotiated new reduced rates for continued services with Bay Alarm Company; shown on Table 2 below. Bay Alarm' s proposal encompasses a five ( 5) year agreement that reduces cost every year. The second year being 5% less than the first year and the total savings proposed is 14% over the five ( 5) year agreement. Previously the agreement did not include the expenses for repair and maintenance and these would be included in the newly negotiated rates below.
247
CITY MANAGER' S REPORT PAGE 3
May 8, 2023 CITY COUNCIL REGULAR MEETING

AGREEMENT WITH BAY ALARM COMPANY FOR FIRE ALARM, ACCESS

CONTROL, EQUIPMENT, MONITORING SERVICES AND MAINTENANCE AND

APPROVE RELATED BUDGET AMENDMENT
Table 2.

Facility ist Year ' 2" d
Year ' 3 a Year 4t'' Year 5t'' Year
Annual Annual Annual Annual Annual
Fee fee Fee Fee Fee
ST SEWER STATION 2 400 2 280 2 189 2 123 2 081
STATION M1 2, 400 2, 280 2, 189 2 123 2, 081
STATION M2 2 400 2 280 2 189 2 123 2 081
STATION M3 2 400 2 280 2 189 2, 123 2 081
STATION M5 2 400 2 280 2 189 2 123 2 081
STATION M6 2 400 2, 280 2 189 2 123 2 081

HARLAN SEWER
STATION- FLYING J 2 400 2 280 2 189 2 123 2 081
STONEBRIDGE SEWER 2 400 2 280 2 189 2 123 2 081
BOOSTER # 3 2 400 2 280 2 189 2 123 2 081

STANFORD CROSSINGS
BASIN 2 400 2 280 2 189 2 123 2 081
BOOSTER # 6 2 400 2 280 2, 189 2, 123 2 081
COMMUNITY CENTER 4 500 4 275 4 104 3 981 3 901
SENIOR CENTER 2 400 2 280 2, 189 2, 123 2, 081
WELL # 7 2 400 2 280 2 189 2 123 2 081
WELL # 10 2, 400 2, 280 2, 189 2 123 2 081
BOOSTER # 4 2 400 2 280 2 189 2 123 2 081
BOOSTER # 2 2 400 2 280 2 189 2 123 2 081

CROSSROADS STORM
PUMP STATION 2 400 2 280 2 189 2 123 2 081
WELL # 21 2 400 2 280 2 189 2 123 2 081
CTF 14 000 $ 13 300 12 768 $ 12 385 12 137
WELL # 6 2 400 2 280 2 189 2 123 2 081
CORP YARD 11, 000 $ 10 450 $ 10, 032 9, 731 9, 536
WELL # 8 2 400 2 280 2 189 2 123 2 081
WELL # 9 2 400 2, 280 2, 189 2, 123 2 081

RIVER ISLAND
FLUSHING STATION 2 400 2 280 2 189 2 123 2 081

RIVER ISLAND LIFT
STATION 2 400 2 280 2 189 2, 123 2 081

EASY CT SEWER&
STORM FACILITY 2 400 2 280 2 189 2 123 2 081
VALLEY CROSSING 2 400 2 280 2 189 2 123 2 081
CITY HALL 5 000 4 750 4 560 4 423 4 335
GENERATIONS CENTER 5 000 4 750 4 560 4 423 4 335

STANFORD CROSSINGS
SEWER STATION 2, 400 2 280 2, 189 2, 123 2 081

SOUTH COMMERCE
PUMP STATION 2 400 2 280 2 189 2 123 2 081
MOSSDALE SEWER 2, 400 2, 280 2 189 2, 123 2 081
WOODFIELD STORM 2 400 2 280 2 189 2 123 2 081
BOOSTER # O1 400 2 280 2189 2 123 2 081
WOODFIELD SEWER 2, 400 2 280 2189 2, 123 2 081
248
CITY MANAGER' S REPORT PAGE 4
May 8, 2023 CITY COUNCIL REGULAR MEETING

AGREEMENT WITH BAY ALARM COMPANY FOR FIRE ALARM, ACCESS

CONTROL, EQUIPMENT, MONITORING SERVICES AND MAINTENANCE AND

APPROVE RELATED BUDGET AMENDMENT
Facility i$t
Y ar 2" d
Year 3" d Year 4th Year 5t'' Year
Ann af A r ua Annual Annual ' Annual
Fee ee Pee Fee Fee

RIVER ISLANDS POLICE
STATION 15 200 $ 15 200 14 592 $ 14 154 13 871

RIVER ISLANDS SEWER
STATION 2 400 2 280 2189 2 123 2 081

RIVER ISLANDS
BOOSTER 5 2 400 2 280 2189 2 123 2 081
Annual Fees 134 700 127 965 122 846 119 161 116 778
REASON FOR RECOMMENDATION:

Staff elected to negotiate new terms of an agreement for Council to consider as staff believes that negotiating with Bay Alarm would provide us the most favorable outcome for the following reasons:

Obtaining additional quotes for similar services would require new equipment installation, which would result in a substantial higher cost to the City to purchase replacement security equipment for the protected facilities.

Continuous coverage of the existing security systems could be compromised during transition to a new system
Using Bay Alarm as the sole security system provider for the City is advisable to limit exposure and access to sensitive information to just one company.

Bay Alarm has been providing the City quality, reliable service for many years and is uniquely familiar with the City' s secured facilities and security requirements
Publishing information regarding the City to acquire additional quotes poses a threat that could compromise the City' s network.
249
CITY MANAGER' S REPORT PAGE 5
May 8, 2023 CITY COUNCIL REGULAR MEETING

AGREEMENT WITH BAY ALARM COMPANY FOR FIRE ALARM, ACCESS

CONTROL, EQUIPMENT, MONITORING SERVICES AND MAINTENANCE AND

APPROVE RELATED BUDGET AMENDMENT
FISCAL IMPACT:

For the first year the security service agreement with Bay Alarm Company is 134, 700 and will be paid from various divisions throughout the City. The expense of the new service agreement exceeds the approved fiscal year 2022- 2023 budget; therefore, a budget amendment is required to the following accounts; Storm Drain City Zone 1 ( 2510) will require a subsidy of $ 1, 968 from the General Fund ( 1010); and Woodfield Landscape ( 2530) will require a subsidy of $2, 400 from the General Fund ( 1010) as detailed below.

Increase Transfer Out:
1010- 99- 990- 90- 90- 10 4, 368
Increase Transfer In:
2510- 99- 00- 393- 00- 00 1, 968
2530- 99- 00- 393- 00- 00 2, 400
Increase A propriations:
1010- 30- 20- 420- 18- 00 3, 300
1010- 30- 05- 420- 18- 00 3, 403
1060- 19- 10- 420- 18- 00 1, 300
2510- 50- 20- 420- 18- 00 1, 968
2530- 50- 62- 420- 18- 00 2, 400
2570- 50- 63- 420- 18- 00 2, 000
6080- 50- 34- 420- 18- 00 12, 040
ATTACH M E NTS:

A. Resolution of the City Council of the City of Lathrop Approving Agreement with Bay Alarm Company for Fire Alarm, Access Control, Equipment, Monitoring Services and Maintenance and Approving Related Budget Amendment.

B. Agreement with Bay Alarm Company for Fire Alarm, Access Control, Equipment, Monitoring Services and Maintenance.
250
CITY MANAGER' S REPORT PAGE 6
May 8, 2023 CITY COUNCIL REGULAR MEETING

AGREEMENT WITH BAY ALARM COMPANY FOR FIRE ALARM, ACCESS

CONTROL, EQUIPMENT, MONITORING SERVICES AND MAINTENANCE AND

APPROVE RELATED BUDGET AMENDMENT
APPROVALS:
a .

T rnandes Date
Information Systems Director
a/. a3
Cari es Date
Director o nance
S 2 Zot3
Michael King Date
Assistant City Man er
ZD Z3
Salvador Navarrete Date
City Attorney
5• • 23
St en J. Salvatore Date
City Manager
251
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING AGREEMENT WITH BAY ALARM COMPANY FOR FIRE ALARM,

ACCESS CONTROL, EQUIPMENT, MONITORING SERVICES AND

MAINTENANCE AND APPROVING RELATED BUDGET AMENDMENT
WHEREAS, Bay Alarm has been providing the City quality, reliable service for many years and is uniquely familiar with the City' s secured facilities and security requirements ; and
WHEREAS, Using Bay Alarm as the sole security system provider for the City is advisable to limit exposure and access to sensitive information to just one company; and
WHEREAS, Obtaining additional quotes for similar services would require new equipment installation, which would result in a substantial higher cost to the City to purchase replacement security equipment for the protected facilities; and WHEREAS, publishing information regarding the City to acquire additional quotes poses a security risk that could compromise the City' s network; and WHEREAS, Staff negotiated new reduced rates for continued services with Bay Alarm Company for a five ( 5) year term for continued services; and WHEREAS, the 5- year term agreement with Bay Alarm reflects a cost savings of up to 14% over the contract period; and
WHEREAS, staff requests City Council to approve a five ( 5) year term agreement with Bay Alarm Company for security, fire alarm, access control, equipment, monitoring and maintenance for existing facilities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby authorize a five ( 5) year term agreement with Bay alarm Company for fire alarm, access control, equipment, monitoring security and, maintenance for an annual cost not to exceed $ 134, 700 the first year, $ 127, 965 the second year, $ 122, 846 the third year, $ 119, 161 the fourth year and, $ 116, 778 for the fifth year.

Page 1 of 3 ends

252
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby authorize the following budget amendment Increase Transfer Out:
1010- 99- 990- 90- 90- 10 4, 368
Increase Transfer In:
2510- 99- 00- 393- 00- 00 1, 968
2530- 99- 00- 393- 00- 00 2, 400
Increase A proQriations:
1010- 30- 20- 420- 18- 00 3, 300
1010- 30- 05- 420- 18- 00 3, 403
1060- 19- 10- 420- 18- 00 1, 300
2510- 50- 20- 420- 18- 00 1, 968
2530- 50- 62- 420- 18- 00 2, 400
2570- 50- 63- 420- 18- 00 2, 000
6080- 50- 34- 420- 18- 00 12, 040

Page 2 of 3 ends

253
The foregoing resolution was passed and adopted this 8t" day of May, 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
A EST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney

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Attachment B

CITY OF LATHROP

AGREEMENT FOR SECURITY, FIRE ALARM, ACCESS CONTROL,

EQUIPMENT, AND MAINTENANCE SERVICES

BETWEEN THE CITY OF LATHROP AND BAY ALARM COMPANY
THIS AGREEMENT, dated for convenience this day of
2023 is by and between Bay Alarm Company (" CONTRACTOR") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONTRACTOR is specially trained, experienced, and competent to provide the Security, Fire Alarm, Access Control, Equipment and Maintenance Services, which are required by this Agreement; and
WHEREAS, CITY selected the CONTRACTOR as the most qualified to perform these services; and
WHEREAS, CONTRACTOR is willing to render such security, fire alarm, access control, equipment and maintenance services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, CONTRACTOR and the CITY agree as follows:

AGREEMENT
1) Scope of Service.

CONTRACTOR agrees to perform services in conformance with this Agreement and the scope of work attached hereto as Exhibit " A", submitted by the CONTRACTOR, and incorporated herein by reference. CONTRACTOR agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' s satisfaction.

The CONTRACTOR shall respond to emergency requests for service (" Service Call") relating to system failures during the after-hour timeframe of 6:OOp. m. to 8: OOa. m Monday through Thursday, S: OOp. m. to 8:OOa. m. on Friday, Saturday and Sunday (" After- Hour Emergency") within four hours (" After-Hour Response Time") from the time CONTRACTOR is was notified of the emergency by the CITY, unless decided otherwise by the Information Systems Director and/ or Chief Information Officer at the time the Service Call was placed to the CONTRACTOR. Service Calls are to be conducted by the CONTRACTOR at no cost to the CITY. Failure of the CONTRACTOR to respond to an After- Hour Emergency within the After- Hour Response Time shall result in a $ 250 penalty per incident to be paid by the

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BAY ALARM COMPANY
CONTRACTOR to the CITY.

The CONTRACTOR shall respond to emergency request for service (" Service Call") relating to system failures during the business- hour timeframe of 8: OOa. m. to 6: OOp. m. Monday through Thursday and 8: OOa. m. to 5: OOp. m. on Friday Business- Hour Emergency") within two hours (" Business- Hour Response Time") from the time CONTRACTOR is notified of the emergency by the CITY. Service Calls are to be conducted by the CONTRACTOR at no cost to the CITY. Failure of the CONTRACTOR to respond to a Business- Hour Emergency during the Business- Hour Response Time shall result in a $ 250 penalty per incident to be paid by the CONTRACTOR to the CITY.
2) Compensation.

CITY hereby agrees to pay CONTRACTOR a total not to exceed amount of 134, 700 for the first year, $ 127, 965 for the second year, $ 122, 846 for the third year, $ 119, 161 for the fourth year and, $ 116, 778 for the first year for services incorporated herein by reference, notwithstanding any contrary indications, which may be contained in Exhibit " A".

CITY may request CONTRACTOR add additional service areas (" New Station") to be serviced in accordance with this Agreement and the scope of work attached hereto as Exhibit " A" and CONTRACTOR shall invoice the CITY for service and monitoring of the New Station at the same rate as the current years' rate for existing service areas. CONTRACTOR shall invoice the CITY for New Stations on the first day of the following month from the month the New Station was added to this Agreement, prorated to the June 30th billing date of the same Fiscal Year.

At the CITY's request, CONTRACTOR shall provide the CITY with the cost for equipment parts, labor and annual monitoring for prospective New Stations with escalation not to exceed a 4% increase annually. Any necessary additional equipment to be installed at existing service areas or New Stations, shall be installed by the CONTRACTOR and CITY shall pay in full for the new equipment and the installation forty-five ( 45) days after the installation of the new equipment is accepted by CITY Information Systems Director and/or Chief Information Officer.

Monitoring service shall accompany the new equipment install and follow the same billing rate and billing date of New Stations mentioned in the previous paragraph above.

Equipment failures within existing service areas which require hardware replacement, including dead batteries, are to be covered by the CONTRACTOR for the length of the Agreement at no additional cost to CITY. CONTRACTOR shall provide the CITY with discounted rates for technical support for repairs within service areas, should the CITY request such repair. Annual fire inspections for all service areas with fire alarms are to be conducted by the CONTRACTOR at no cost to the CITY.

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CONTRACTOR shall be paid within ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. In no event shall CONTRACTOR be entitled to compensation for work not included in Exhibit " A", unless CITY' s City Manager executed a written change order or authorization describing the extra work and payment terms prior to the commencement of the work. 3) Effective Date and Term.

The effective date of this Agreement is July 1, 2022, and it shall terminate no later than June 30, 2027 provided, CONTRACTOR shall be given thirty ( 30) days' written notice of CITY' s intention to renew or not to renew this Agreement. 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONTRACTOR, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONTRACTOR is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to CITY' s satisfaction. CONTRACTOR expressly warrants not to represent, at any time or in any manner, that CONTRACTOR is an employee of the CITY. 5) Billin s
CONTRACTOR' S bills and/ or invoices shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice.

Except as specifically authorized by CITY, CONTRACTOR shall not bill CITY for duplicate services performed by more than one person. In no event shall CONTRACTOR submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.

CONTRACTOR shall bill the CITY on an annual basis and no later than July 15 for the previous Fiscal Year and CONTRACTOR shall provide the CITY an individual invoice for each service area.
6) Advice and Status Reportinq
CONTRACTOR shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.

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7) Assiqnment of Personnel
CONTRACTOR shall assign only competent personnel to perform services pursu,ant to this Agreement. CONTRACTOR shall assign a dedicated account manager for the CITY and all issues under this Agreement are to be coordinated through CONTRACTOR' s account manager. If CITY asks CONTRACTOR to remove a person assigned to the work called for under this Agreement, CONTRACTOR agrees to do so immediately, without requiring the City to process a reason or explanation for its request.

The services shall be performed by, or under the direct supervision, of CONTRACTOR' s Authorized Representative:

CONTRACTOR shall not replace its Authorized Representative without the prior written approval by the CITY.
8) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONTRACTOR. Neither this Agreement nor any interest therein may be assigned by CONTRACTOR without the prior written approval of CITY' S authorized representative. CONTRACTOR shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY'S authorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.

CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at
CONTRACTOR' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance

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and Employer's Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.

CONTRACTOR, at CONTRACTOR' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONTRACTOR, including the insider' s general supervision of CONTRACTOR; products and completed operations of
CONTRACTOR; premises owned, occupied or used by
CONTRACTOR. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.

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ii) The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONTRACTOR to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' S earliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
d) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' S breach.

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10) Indemnification - CONTRACTOR' S Responsibilitv
Notwithstanding anything contrary to anything contained in the Agreement contractor ( Bay Alarm) agrees to defend and hold City of Lathrop harmless from and against any and all loss, cost, liability and expense from third party claims where any equipment provided and installed by Bay Alarm hereunder is the sole and direct cause of any property damage or personal injury (as opposed to cases where failure or malfunction of the system merely contributes to a loss or injury started from another source), or where an employee of Contractor causes personal injury or property damage in performing the installation or servicing of equipment while on User' s premises or where the loss or injury is caused by negligent acts or omissions of installers or maintenance personnel of Contractor, constituting intentional and willful misconduct. Any of the above listed claims would have a limit of liability of $ 25, 000. User shall indemnify, defend, protect and hold Contractor harmless from and against any and all property loss claims including all third party property losses. For any third party losses where Bay Alarm' s actions while on site are the sole and direct cause of aforesaid loss vs equipment or monitoring failure, Bay Alarm has the duty to defend as set forth in Section 2778 of the California Civil Code.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONTRACTOR, its employees, agents, or subcontractors by federal or state law, CONTRACTOR warrants that such license has been obtained, is valid and in good standing, and CONTRACTOR shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONTRACTOR shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONTRACTOR may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONTRACTOR shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONTRACTOR' S delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONTRACTOR or prepared by or for CONTRACTOR or the CITY in connection with this Agreement.

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14) Fundinq
CONTRACTOR agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. 15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) Days by delivery of a hard copy of the material sent by facsimile transmission.

Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Information Systems Department
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7340
FAX: ( 209) 941- 7449
To CONTRACTOR:

BAY ALARM COMPANY
3819 Duck Creek Drive
Stockton, CA 95215
Phone: 209) 465- 1986
Fax: 209) 943- 6083

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16) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.

All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditians.

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j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
k) Status of CONTRACTOR. In the exercise of rights and obligations under this Agreement, CONTRACTOR acts as an independent contractor and not as an agent or employee of CITY.

CONTRACTOR shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONTRACTOR expressly waives any and all claims to such right and benefits.

I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. _ o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to Proceed.

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18) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONTRACTOR and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

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Approved as to Form: City of Lathrop
City Attorney
ZoZ3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Chief Information Officer
a.- 3
ernandes Date
Approved By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONTRACTOR: Bay Alarm
3819 Duck Creek Dr.

Stockton, CA 95215
Fed ID # 68- 0462287
Business License # 40237
Signature Date
Print Name and Title)

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267
ITEM 4. 14

CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER NO. 30

WITH DAVID SILVA, DBA SILVA LANDSCAPE

FOR PARK LANDSCAPE AND STREETSCAPE

MAINTENANCE
RECOMMENDATION: Adopt Resolution to Approve Contract Change Order No. 30 with David Silva, dba Silva
Landscape for Park Landscape and Streetscape
Maintenance
SUMMARY:

As the City of Lathrop grows, ongoing maintenance is needed for the new improvements that are accepted by the City. The improvements listed in Table 1 have been accepted by the City and therefore, staff requests that City Council approve Contract Change Order No. 30 with David Silva, dba Silva Landscape ( Silva).

A budget amendment for maintenance was approved with the acceptances.

Tab/ e Z: Summary of Improvements
Acce tance Date Resolution Number Descri tion
January 9, 2023 23- 5206 Central Lathrop 1C Park
March 13, 2023 23- 5234 Central Lathrop 1C Linear
Park
BACKGROUND:

On September 1, 2017, City Council approved the award of a Landscape Maintenance Services contract to Silva for landscape maintenance services for the City of Lathrop Parks and Streetscapes. As the City of Lathrop continues to grow, new improvements are accepted by the City creating a need for ongoing maintenance.

The improvements listed in Table 1 above have been accepted by the City and therefore, staff requests that City Council approve Contract Change Order No. 30 with David Silva, dba Silva Landscape ( Silva). A budget amendment for maintenance was approved with the acceptances. Maintenance costs are consistent with proposed bid rates.

RECOMMENDATION:

Adopt a resolution approving Contract Change Order No. 30, with David Silva, dba Silva Landscape for the maintenance of Central Lathrop 1C Park for $ 2, 800 per month and Central Lathrop 1C Linear Park for $ 925 per month.

FISCAL IMPACT:

There will be no fiscal impact. A budget amendment was adopted to cover maintenance costs when the two parks were accepted by City Council. 268
CITY MANAGER' S REPORT PAGE 2
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER NO. 30 AND BUDGET AMENDMENT FOR

WITH DAVID SILVA, DBA SILVA LANDSCAPE
ATTACH M ENTS:

A. Resolution Approving Contract Change Order No. 30 with David Silva dba Silva Landscape
B. Proposed Contract Change Order No. 30
269
CITY MANAGER' S REPORT PAGE 3
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER NO. 30 AND BUDGET AMENDMENT FOR

WITH DAVID SILVA, DBA SILVA LANDSCAPE
APPROVALS:

C._•- y
t' fa°,z 3
Carlos Carrillo Date
Management Analyst
20 2023
Brad ylor Date
City Engineer
a 3
Cari Jam Date
Director Finance
y • Zl • ZoZ3
Michael King Date
Assistant City Manager
i Z' y ` Z
Salvador Navarrete Date
City Attorney
Z
St en J. Salvatore Date
City Manager
270
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING CONTRACT CHANGE ORDER N0. 30 WITH DAVID SILVA, DBA

SILVA LANDSCAPE FOR PARK LANDSCAPE AND STREETSCAPE

MAINTENANCE
WHEREAS, on September l, 2017, City Council approved the award of a Landscape Maintenance Services contract to Silva Landscaping for landscape maintenance services for the City of Lathrop Parks and Streetscapes. As the City of Lathrop continues to grow, new improvements are accepted by the City creating a need for ongoing maintenance; and
WHEREAS, the improvements listed in Table 1 below have been accepted by the City and therefore, staff requests that City Council approve Contract Change Order No. 30 with David Silva, dba Silva Landscape ( Silva). A budget amendment for maintenance was approved with the acceptances. Maintenance costs are consistent with proposed bid rates; and
Tab/ e 1: Summary of Improvements
Acce tance Date Resolution Number Descri tion
Januar 9, 2023 23- 5206 Central Lathro 1C Park
March 13, 2023 23- 5234 Central Lathrop 1C Linear
Park
WHEREAS, staff requests that City Council adopt a resolution approving Contract Change Order No. 30 with David Silva, dba Silva Landscape for the maintenance of Central Lathrop 1C Park for $ 2, 800 per month and Central Lathrop 1C Linear Park for $ 925 per month; and
WHEREAS, There will be no fiscal impact. A budget amendment was adopted to fund the maintenance costs when the two parks were accepted by City Council.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby adopt a resolution approving Contract Change Order No. 30 with David Silva, dba Silva Landscape for the maintenance of the new parks ( Central Lathrop iC Park) for $2, 800 per month and ( Central Lathrop 1C Linear Park) for $925 per month.
271
The foregoing resolution was passed and adopted this 8th day of May 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 272
ATTaCHMENT
CHANGE ORDER NO. 30
Monthly Fee— Central Lathrop 1C Park and 1C Linear Park City of Lathrop
CONTRACT CHANGE ORDER NO. 30
MONTHLY FEE— Central Lathrop 1C Park and 1C Linear Park Contractor: David Silva DBA Silva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date May 8, 2023
Contract Execution Date: September 1, 2017
Notice to Proceed Date: August 29, 2017
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and David Silva DBA Silva Landscape dated September 1, 2017.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S) TO CONTRACT
Monthly Fee— Central Lathrop 1C Park 2800/ mo.

Monthly Fee- Central Lathrop 1C Linear Park 925/ mo.

MONTHLY FEE COST FROM CHANGE ORDER NO. 30( MONTHLY FEE) 3, 725/ mo.

ORIGINAL CONTRACT AMOUNT( MONTHLY FEE) 57, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 ( MONTHLY FEE) 13, 900. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5 ( MONTHLY FEE) 985. 00 TOTAI ADDITIONAL COST FROM CHANGE ORDER NO. 8( MONTHLY FEE) 1, 850. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11 ( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14( MONTHLY FEE) 3, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15 ( MONTHLY FEE) 8, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23 ( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25 ( MONTHLY FEE) 250. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 26( MONTHLY FEE) 825. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 27 ( MONTHLY FEE) 625. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 28( MONTHLY FEE) 675. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 29( MONTHLY FEE) 450. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 30( MONTHLY FEE) 3725. 00 273
CHANGE ORDER NO. 30
Monthly Fee— Central Lathrop 1C Park and 1C Linear Park City of Lathrop
TOTAL REVISED MONTHLY CONTRACT AMOUNT 93, 389
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2 ( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3( ONE TIME FEE) 22, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4( ONE TIME FEE) 3, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6( ONE TIME FEE) 11, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7( ONE TIME FEE) 1, 780. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10( ONE TIME FEE) 950. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12( ONE TIME FEE) 3, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17( ONE TIME FEE) 2, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18( ONE TIME FEE) 1, 650. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 19( ONE TIME FEE) 2, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21( ONE TIME FEE) 1, 300. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANFE ORDER NO. 24( ONE TIME FEE) 4, 500. 00 TOTAL REVISED ONE- TIME ADDITIONS TO CONTRACT AMOUNT 78, 900. 00

END OF CHANGESJ

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 30. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
274
CHANGE ORDER NO. 30
Monthly Fee— Central Lathrop 1C Park and 1C Linear Park City of Lathrop
Recommended
By:

Ken Reed Date
Sr. Construction Manager
City of Lathrop
Approved As
t/
To Form: T `
Z' 7 Z— j
Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By:

Stephen J. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

David Silva DBA Silva Landscape Date
Print Name and Title
275
Silva Landscape
Po Box 607 EXHIBIT" ••
Patterson, CA 95363 US
925) 413- 3192
david. silvalandscape@gmaiLcom
S1 LVA

LANDSCAPE
Estilnate
ADDRESS ESTIMATE# 2025
City of Lathrop DATE 11/ 29/ 2022
390 Towne Centre Drive
Lathrop, CA 95330
AREA
Linear Park( 1C large park)
SERVICI:S A MOUN"[`
Monthly maintenance 2, 800. 00
Approved by TOTAL 2$.

Accepted By Accepted Date
276
Silva Landscape
Po Box 607
Patterson, CA 95363 US
925) 413- 3192
david. silvalandscape@gmail. com
SILVA
LAt JDSCAPE
Estimate
ADDRESS ESTIMAT' E# 2019
City of Lathrop
DATE 11/ 03/ 2022
390 Towne Centre Drive
Lathrop, CA 95330

SERVICES MOUNT
Linear Park along Spartan next to existing River Park North 925. 00 Monthly maintenance
Approved by TOTAL 925. 0
Accepted By Accepted Date
277
ITEM 4. 15

CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT AMENDMENT NO. 1 WITH
WEST COAST ARBORISTS, INC.

RECOMMENDATiON: Adopt Resolution Approving Contract
Amendment No. 1 with West Coast
Arborists, Inc. to Extend the Contract Term
by Three Years, Ending 7une 30, 2026, with
an Annual Contract Budget Amount of
200, 000
SUMMARY:

On November 9, 2020, City Council awarded a Tree Maintenance Service Contract to West Coast Arborists, Inc. for tree maintenance services and on- call response to address City- owned trees. In October 2021, West Coast Arborists, Inc. entered into a separate, one- time Professional Service Agreement with the City to create a comprehensive City- wide Tree Inventory Program and Assessment. The information captured from this inventory process is stored, shared, and maintained in the West Coast Arborists, Inc. proprietary copyrighted software system called Arbor Access.

On January 9, 2023, City Council approved Resolution 23- 5203 for Contract Change Order Number One, which amended the original annual contractual amount from 100, 000 per fiscal year to $ 200, 000 for FY 22/ 23 for annual tree maintenance, oncall requests, and continued effective health monitoring of City- owned trees. Staff is recommending to extend the Contract term by three years at an annual budgeted amount of $ 200, 000 to continue the tree maintenance, grid prune, and use of their propriety copyrighted software system, Arbor Access.

BACKGROUND:

In accordance with Lathrop Municipal Code 2. 36. 150, an RFP for Tree Maintenance Services was issued on September 23, 2020 and four ( 4) proposals were received.

After evaluating and ranking the proposals, West Coast Arborists, Inc. was determined to be the lowest responsive and responsible bidder with bid totals well below other responders. West Coast Arborists, Inc. was established in 1972, and is currently providing professional tree maintenance and management services for over 330 municipalities and public agencies through California and Arizona. On November 9, 2020, Resolution 20- 4803 was approved by the City Council, awarding a Tree Maintenance Service Contract to West Coast Arborists, Inc. for annual tree maintenance and on- call response for the maintenance of City- owned trees. The initial amount of the West Coast Arborists, Inc. contract was $ 70, 000 for the remainder of the 20/ 21 fiscal year and $ 100, 000 for each of the next two fiscal years.

In October of 2021, the City and West Coast Arborists, Inc. entered into a separate, one- time Professional Service Agreement to create a comprehensive City- wide Tree Inventory Program and Assessment. The information, including tree species, location, health, side- walk roots, stumps, and grid prune, was captured and cataloged in the West Coast Arborists, Inc. proprietary copyrighted software system called Arbor 278

CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT AMENDMENT NO. 1 WITH WEST COAST ARBORISTS, INC. TO EXTEND CONTRACT TERM BY THREE YEARS AT AN ANNUAL CONTRACTED BUDGET AMOUNT OF $ 200, 000.

On 7anuary 9, 2023, City Council approved Resolution 23- 5203 for Contract Change Order Number One which amended the original annual contractual amount from 100, 000 per fiscal year to $ 200, 000 for FY 22/ 23 for annual maintenance, grid pruning, on- call response, and continued effective health monitoring of City- owned trees. Staff is requesting City Council approve a contract amendment with West Coast Arborists, Inc. to extend the original termination date by three ( 3) years to June 30, 2026 at a not to exceed budget of$ 200, 00 per fiscal year in order to effectively utilize the compiled data acquired and organized by West Coast Arborists, Inc. under the Professional Service Agreement using their proprietary copyrighted software, and to continue to monitor the health of the growing population of City- owned trees, which are a community asset. West Coast Arborists, Inc. will be maintaining the original pricing with the exception of the contractual standard cost of living adjustment.

Department Head is requesting the exception to bid requirements, Lathrop Municipal Code 2. 36. 110, due to the West Coast Arborist, Inc. proprietary and copyrighted software, platform, and pricing point which will not be changed.

Staff recommends City Council approve the proposed contract amendment with West Coast Arborists, Inc. amending contract term of the original termination date by three 3) years at an annual budget amount of $ 200, 000.

RECOMMENDATION:

Adopt a Resolution Approving an Amendment with West Coast Arborists, Inc. extending contract term by three ( 3) years and annual contracted budget amount of 200, 000.

FISCAL IMPACT:

Funds are available within the proposed budget.

ATTAC H M E NTS:

A. Resolution Approving an Amendment with West Coast Arborists, Inc. extending contract term by three ( 3) years at an annual budget amount of $200, 000.

B. Contract Amendment No. 1 to the Contract for Tree Maintenance Services for City- Owned Trees Between the City of Lathrop and West Coast Arborists, Inc. to Extend Term by Three ( 3) Years at an Annual Budget Amount of $ 200, 000 279

APPROVALS:
s . Z. 23
Todd Se sti n Date
Director of arks, Recreation,
and Maintenance Services
3 Cari J m Date
Director f Finance
s. Z -- z.o z. 3
Salvador Navarrete Date
City Attorney
S• 3 - 3
Step en J. Salvatore Date
City Manager
280

ATTACHMENT
w
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A CONTRACT AMENDMENT NO. 1 WITH WEST COAST
ARBORISTS, INC. EXTENDING CONTRACT TERM BY THREE YEARS AT AN ANNUAL CONTRACTED BUDGET AMOUNT OF $ 200, 000
WHEREAS, in accordance with Lathrop Municipal Code 2. 36. 150, an RFP for Tree Maintenance Services was issued on September 23, 2020 and four (4) proposals were received; and
WHEREAS, after evaluating and ranking the proposals, West Coast Arborists, Inc. was determined to be the lowest responsive and responsible bidder with bid totals well below other responders; and
WHEREAS, on November 9, 2020, Resolution 20- 4803 was approved by the City Council, awarding a Tree Maintenance Service Contract to West Coast Arborists, Inc. for annual tree maintenance and on- call response for the maintenance of Cityowned trees; and WHEREAS, the initial amount of the West Coast Arborists, Inc. contract was 70, 000 for the remainder of the 20/ 21 fiscal year and $ 100, 000 for each of the next two fiscal years; and
WHEREAS, in October of 2021, the City and West Coast Arborists, Inc. entered into a separate, one- time Professional Service Agreement to create a comprehensive City- wide Tree Inventory Program and Assessment; and
WHEREAS, the information, including tree species, location, health, side- walk roots, stumps, and grid prune, was captured and cataloged in the West Coast Arborists, Inc. proprietary copyrighted software system called Arbor Access; and WHEREAS, through their software, staff are able to review job status updates, see the mapped locations, plan location replacement, and quickly identify type of species, schedule repairs, and valuations of City- owned assets; and WHEREAS, on January 9, 2023, City Council approved Resolution 23- 5203 for Contract Change Order Number One which amended the original annual contractual amount from $ 100, 000 per fiscal year to $ 200, 000 for FY 22/ 23 for annual maintenance, grid pruning, on- call response, and continued effective health monitoring of City- owned trees; and
281
WHEREAS, Staff is requesting City Council approve a contract amendment with West Coast Arborists, Inc. extending the term of the original termination date by three ( 3) years to June 30, 2026 in order to effectively utilize the compiled data acquired and organized by West Coast Arborists, Inc. under the Professional Service Agreement using their proprietary copyrighted software and to continue to monitor the health of the growing population of City- owned trees, which are a community asset, at an annual budget amount of $ 200, 000; and
WHEREAS, West Coast Arborists, Inc. proposes to maintain the original contract price plus contractual standard cost of living adjustment; and WHEREAS, the Parks, Recreation, and Maintenance Services Director considers this request to fall within the exception to bid requirements of Lathrop Municipal Code 2. 36. 110 since similar services cannot be obtained by another means since services to be provided rely extensively on the proprietary and copyrighted software professionally developed by West Coast Arborists, Inc. and used to provide services herein required; and
WHEREAS, Staff recommends City Council approve the proposed contract amendment with West Coast Arborists, Inc. to extend the term of the original termination date by three ( 3) years at an annual contracted budgeted amount of 200, 000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approves an amendment with West Coast Arborists, Inc. extending the contract term by three ( 3) years to June 30, 2026 at an annual budget amount of 200, 000.
282
The foregoing resolution was passed and adopted this 8T" day of May 2023, by the following vote of:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FOR •
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 283
qTTA yHME( T
y `ff. !
CONTRACT AMENDMENT NO. 1 TO THE CONTRACT FOR TREE MAINTENANCE

SERVICES FOR CITY- OWNED TREES BETWEEN THE CITY OF LATHROP AND WEST COAST ARBORISTS, INC. TO EXTEND TERM BY THREE ( 3) YEARS AT AN ANNUAL BUDGET AMOUNT OF $ 200, 000
This Contract Amendment ( hereinafter AMENDMENT NO. 1") to the contract between West Coast Arborists, Inc. and the City of Lathrop dated November 9, 2020 hereinafter " AGREEMENT") dated for convenience this day of 2023, is by and between West Coast Arborists, Inc. (" CONTRACTOR") and the CITY OF LATHROP, a California municipal corporation (' CITY");
RECITALS:

WHEREAS, on November 9, 2020, City Council approved an AGREEMENT between the City and CONTRACTOR to provide Tree Maintenance Services for all Cityowned Trees, not to exceed $ 70, 000 for the remainder of the 20/ 21 fiscal year and 100, 000 for each year of the next two fiscal years; and WHEREAS, in October 2021, West Coast Arborists, Inc. entered into a separate, one- time Professional Service Agreement with the City to create a comprehensive City- wide Tree Inventory Program and Assessment; and WHEREAS, on January 9, 2023, City Council approved Resolution 23- 5203 for Contract Change Order Number One which amended original annual contractual amount to $ 200, 000 for fiscal year 22/ 23 for annual maintenance, grid pruning, oncall requests, and continued effective health monitoring of City- owned trees.

NOW, THEREFORE, CONTRACTOR and CITY agree as follows;
CONTRACT AMENDMENT NO. 1 TO AGREEMENT
i) Term of the Original Termination Date. Section ( 1) of the AGREEMENT is hereby amended to add the following:

Term: This Contract shall commence on July 1, 2023, and be binding on the parties on, the date of execution of this Contract, and shall expire on June 30, 9 t, 2026, subject to the earlier termination of this Contract. This Contract s- af e-- ee c e+ e- R;- , . w i I I
have an annual budget amount maximum of A A89 $ 200, 000 per each fiscal year 7/ 1/ 2023 through 6/ 30/ 2026 at the same rates as provided by Contractor in Exhibit A.
2) Applicabilitv to Original CONTRACTOR AGREEMENT
All terms and conditions set forth in the AGREEMENT dated November 9, 2020 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
284
CONTRACT AMENDMENT NO. 1 TO THE CONTRACT FOR TREE MAINTENANCE

SERVICES FOR CITY- OWNED TREES BETWEEN THE CITY OF LATHROP AND WEST COAST ARBORISTS, INC. TO EXTEND TERM BY THREE ( 3) YEARS AT AN ANNUAL BUDGET AMOUNT OF $ 200, 000
3) Signatures
The individuals executing this AMENDMENT NO. 1 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 1 on behalf of the respective legal entities of the CONTRACTOR and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
285
CONTRACT AMENDMENT NO. 1 TO THE CONTRACT FOR TREE MAINTENANCE

SERVICES FOR CITY- OWNED TREES BETWEEN THE CITY OF LATHROP AND WEST COAST ARBORISTS, INC. TO EXTEND TERM BY THREE ( 3) YEARS AT AN ANNUAL BUDGET AMOUNT OF $ 200, 000
Approved as to Form: City of Lathrop
City Attorney
S Z - Zo Z 3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Parks, Recreation, & Maintenance Services Director
S. Z3
Todd Sebastian Date
Approved By: City Manager
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
CONTRACTOR: West Coast Arborists, Inc.
220 E. Via Burton Street
Anaheim, CA 92806
Signature Date
Print Name and Title)
286

CONTRACT FOR TREE MAINTENANCE SERVICES
BETWEEN THE CITY OF LATHROP AND WEST COAST ARBORISTS INC.

This Contract, dated November 9, 2020, is entered into by and between the City of athrop, a municipal corporation of the State of California ( City), and West Coast Arborists Inc., Contractor), whose Taxpayer ldentification Number is qS ' 3 5 Dl0$aZ For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:

1. Term. This Corrtract shall commence on, and be binding on the parties on, the date of execution of this Co ract, and shall expire on June 30, 2021, subject to the earlier termination of this Contract. This coMract may be extended by the City Manager for up to two ( 2) additional consecutive years after the in ial contract period in one ( 1) year increments at a total amount maximum of$ 100, 000 per year at the same rates as provided by Contractor in Exhibit A. The City shall notify the Contractor in writing of the intent to extend the contract by June 1' of the current contract year.

2. General Scooe of Proiect and Woric. The work to be performed is described in the Ci of Lathro Reauest for Proaosals for Tree Maintenance Services( P oject). Contractor shall fumish labor, services, materials and equipment in connection with the perFormance of the described Tree Maintenance and complete the Work in accordance with the covenants, teRns and conditions of this Contract to the satisfaction of the City. The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Proposal Documents which may be necessary for the complste and proper performance of the Tree Maintenance in good faith shall be performed, fumished, and installed by the Contractor as though originally spec ed or shown. The Contractor will be compensated for actual work performed in accordance with the rates and provisions contained in these Documents and those submitted in the Contracto' s proposal.

Work to be determined and may be but is not required to be assigned by the City on an as-needed basls paid at the rates provlded by the Contractor In Exhlbit A, and up to a Not-taExceed Total Amount of:

70. 000( Seventv Thousand Dollarsl

3. Documents. No Amount of work or payment is guaranteed by this contract. This Contract shall include the Citv of Lathroo Reauest for Proaosal for Tree Maintenance Services Project) which is on file with the Public Works Department and is hereby incorporated by reference ( i. e. RFP, certification of insurance) and the Proposal submitted by West Coast Arborists on October 5, 2020, attached as Exhibit A. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions there,of are set forth in the following order of precedence:

Contract, RFP, Contractors Proposal.

4. Com ensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor at the rates set forth in the Contractor' s Submitted Cost Proposal Rate Schedules in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set 287
forth in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for woric not yet complete. in no event, shall the Contractor be entitled to payment for work not included in the app oved scope of work, a written task order, or change o der signed by the City's Public Works Director prior to commencement of any work.

5. insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section VIII of the RFP on terms and conditions and in amounts as may be required by the City. City shall not be ob{igated to take out insurance on Contractor' s personai property or the personal property of any person perforrning labor or services or supplying materials or equipment under the Project.

Contractor shali furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage on its behalf. Proof of insurance shall be mailed to the ProJect Manager to the address set forth in Seation 15 of this Contract.

6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penafties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the wiliful or negligent act or omission of Contractor, or which results from Contractor's noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractors failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law impases strict liability on Contractor in the performance of or failure to pertorm the terms and conditions of this Contract, except as may arise from the sole wiilful or negligent act or omission of City or any of its City Council members, ofFicers, employees. This indemnification shall extend to any and ali claims, demands, or liens made or fiied by reason of any canstruction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

7. Assumntion of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole wilfful or negligent act or omission of City or any of its City Council members, officers, or employees.

8. Waiver. The acceptance of any payment or pertormance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be constnied to waive or to tessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, teRns and conditions of this Contract.

Page 2 of 9 ends

288

9. Com liance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in fo ce pertaining to the Project and Woiic and this Contract, with the requirement of any fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Pmject site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

10. Bonds. Not Applicable to this Corrtract.

11. Rearesentations and Warranties. In the suppty of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Wo ic shail be free of defects in v orkmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is requi ed to be filed, on the date that final payment is made hereunder;
4) Any manufacturer's wa ranty obtained by Contractor shali be abtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any inforrnation submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; 6) Contractor has not coiluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractors Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authoriry to enter into this Contract with City, thatthe individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shali be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contracto has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;

Page 3 of 9 ends

289
9) There are no unresolved claims or disputes befinreen Contractor and City which would materially affect Contractor's ability to perForm under the Contract; 10) Contractor has fumished and will fumish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person perforrning labor and services under this Project is duly licensed as a contractor with the State of California as required by Califomia Business 8 Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project sites and assets proposed for maintenance( assets) and has full knowledge of the physical conditions of the Project sites and assets.

12. AssiQnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shail be null and void.

13. Claims of Contractor. All claims pertaining to extra work, additionai charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits b Ci . During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terms are defined in Califomia Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the othe party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth betow during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with 1), ( 2) or( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile Vansmission.

To Ciry: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: ( 209) 941- 7449

Page 4 of 9 ends

290
Copy To: Public Works Director
390 Towne Centre Drive
Lathrop, CA 95330
To Contractor: West Coast Arborists
2200 E. V'ia Burton Street
Anaheim, CA 92806
Phone: 714) 991. 1900
Fax: 714) 956. 3745
ATTN: Victor Gonzalez

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be gove ned and construed by and in accordance with the Laws of the State of Califomia. 4) Definitions. The de nitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior govemmental authority. 6) Headings. The paragraph headings are not a pa t of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
8) Integration. This Contract and any amendments hereto between the parties constitute the entire corrtract between the parties conceming the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modfication of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.

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10) Provi ion. Any contract, covenant, condition, clause, qualification, restriction, reservation,, term or other stipulation in the Contract shall define o otherwise control, establish, or limit the perFormance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitied to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and ali claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be perFormed shall be computed by excluding the first Day and including the {ast. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for pertormance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that hial of such action shall be vested exclusively in the state courts of Califomia in the County of San Joaquin or in the United States District Court for the Eastem District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enfo cement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
18) Contractor and subcontractors must comply with al! applicable standa ds, orders, or requirements issued under Section 306 of the Clean Air Act( 42 USC 1857( h)), Section 508 of the Clean Water Act( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Poficy and Conservation ACT( Public Law 94- 163, 89 stat 871).

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20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the depos s shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in constnaction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to P oceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract epresent and warrant that they have the right, power, legal capacity, and authority to enter inta and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code§ 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of Califomia wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

LIST OF EXHIBITS:

A: CONTRACTOR' S SUBMITTED PROPOSAL, INCLUDING:
i. CONTRACTOR' S SUBMITTED COST PROPOSAL SCHEDULES A, B, C, D and E
ii. CONTRACTOR' S SUBMITTED QUALIFICATIONS AND EXPERIENCE

STATEMENT
B: CONTRACTOR' S SUBMITTED WORKERS COMPENSATION CERTIFICATION Cerrification ofinsurance and worker' s compensarion certi,fication shall befurnished to the City by the Contractor after City Council' s approval with resolution.

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Approved as to Form: City of Lathrop
City Attome
J/ Z( 2v
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
r'"'`
I(- Z- Z oZp
Michael King Date
Approved By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Z - tOZG
en J. Salvatore Date
City Manager
Contractor: West Coast Arborists, Inc.
220 E. Via Burton Street
Anaheim, CA 92806
Fed ID# - 250682
Lathrop s n s " cens
11/ 12/2020
Signatur Date
Patrick Mahoney, President
Print Name and Title

Page 8 of 9 ends

294
295
ITEM 4. 16

CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT AMENDMENT NO. 2 WITH
SORACCO, INC., FOR ON- CALL CONSTRUCTION

SERVICES FOR WET UTILITY AND STREET REPAIRS
RECOMMENDATION: Adopt Resolution Approving Contract Amendment No. 2 for On- Call Construction Services for Wet
Utility and Street Repairs with Soracco, Inc.

SUMMARY:

On ] uly 13, 2020, Council approved a contract with Soracco, Inc., for an amount not to exceed $ 200, 000 to provide on- call construction services needed for wet utility potable water, sewer, storm drain, and recycled water) and street repair services for planned and emergency work for fiscal year 2020- 21. Following the annual renewal of Soracco' s contract for the same amount in subsequent fiscal years, the current year has witnessed a substantially higher number of emergency repairs. As a result, staff is requesting Council approve Contract Amendment No. 2 with Soracco, Inc., for On- Call Construction Services for Wet Utility and Street Repairs contract in the amount of $ 100, 000 to continue providing these services for the remainder of this current fiscal year.

Sufficient funds are allocated in the approved FY 22/ 23 budget.

BACKGROUND:

The Public Works Department is responsible for maintaining the City' s water, sewer, storm drain and recycled water systems and streets and sidewalks located within the public right- of- way. In situations where urgent wet utility and street repairs that are needed beyond Public Works Department' s resources, on- call constructions services are required.

Staff issued an informal Notice Inviting Bids for the On- Call Construction Services on June 9, 2020, in accordance with the Public Contract Code and the Lathrop Municipal Code, Chapter 3. 30. On July 13, 2020, Council approved a contract with the lowest responsive and responsible bidder, Soracco, Inc., to provide on- call construction services needed for wet utility ( potable water, sewer, storm drain, and recycled water) and street repair services for planned and emergency work for fiscal year 2020- 21.

The contract was amended in December 2021 to adjust the contract award based on allowances for planned and emergency work.

The amount of the original contract award is not- to- exceed cost of $ 200, 000 per fiscal year and based on a time and material basis. Amendment No. 1 is being issued to clarify these specifics.
296
CITY MANAGER' S REPORT PAGE 2
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT AMENDMENT N0. 2 WITH SORACCO, INC., FOR ON- CALL

CONSTRUCTION SERVICES FOR WET UTILITY AND STREET REPAIRS REASON FOR RECOMMENDATION:

For the past two fiscal years, the actual cost services provided by Soracco, Inc. has been within the contracted amount of $ 200, 000 for fiscal year. This year however, due to an unusually high number of emergency repairs, the annual contract amount was exceeded in mid- February 2023. Staff is therefore requesting approval of a contract amendment no. 2 to add $ 100, 000 for the remainder of the 2022- 23 fiscal year.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

A. Resolution Approving Contract Amendment No. 2 for On- Call Construction Services for Wet Utility and Street Repairs with Soracco, Inc.

B. Contract Amendment No. 2 for On- Call Construction Services for Wet Utility and Street Repairs with Soracco, Inc.
297
CITY MANAGER' S REPORT PAGE 3
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT AMENDMENT N0. 2 WITH SORACCO, INC., FOR ON- CALL

CONSTRUCTION SERVICES FOR WET UTILITY AND STREET REPAIRS AND APPROVALS:
y
r- Y •zy• zoz3
Brad Taylor Date
City Engineer
yla I
Cari Jame Date
Finance Di e tor
2y• 2oz3
Michael King Date
Assistant City Manager
f t zo z3
Salvador Navarrete Date
City Attorney
S• s • 3
S en J. Salvatore Date
City Manager
298
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING CONTRACT AMENDMENT NO. 2 FOR ON- CALL CONSTRUCTION SERVICES FOR WET UTILITY AND STREET REPAIRS WITH SORACCO, INC.

WHEREAS, the Public Works Department is responsible for maintaining the City' s water, sewer, storm drain and recycled water systems and streets and sidewalks located within the public right- of-way; and
WHEREAS, on- call emergency construction services are needed to perform in situations where urgent wet utility and street repairs that are needed beyond Public Works Department' s resources, on- call constructions services are required; and WHEREAS, staff issued an informal Notice Inviting Bids for the On- Call Construction Services on June 9, 2020, in accordance with the Public Contract Code and the Lathrop Municipal Code, Chapter 3. 30; and
WHEREAS, on July 13, 2020, Council approved a contract with the lowest responsive and responsible bidder, Soracco, Inc., to provide on- call construction services needed for wet utility ( potable water, sewer, storm drain, and recycled water) and street repair services for planned and emergency work for fiscal year 2020- 21; and
WHEREAS, Contract Amendment No. 1 was issued in December 2021 to clarify that the amount of the original contract award was based on allowances for planned and emergency work to be performed on a time and materials, not-to- exceed cost of $ 200, 000 per fiscal year; and
WHEREAS, the current year has witnessed a substantially higher number of emergency repairs; and
WHEREAS, staff is requesting Council approve Contract Amendment No. 2 with Soracco, Inc., in the amount of $ 100, 000 through the remainder of this fiscal year; and
WHEREAS, sufficient funds are allocated in the approved FY 22/ 23 budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves Contract Amendment No. 2 to add $ 100, 000 for On- Call Construction Services for Wet Utility and Street Repairs with Soracco, Inc., for the remainder of the 2022- 23 fiscal year.
299
The foregoing resolution was passed and adopted this 8th day of May 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 300

ATTACHMENT
N w
AMENDMENT NO. 2

TO THE GENERAL SERVICES AGREEMENT BETWEEN THE CITY OF LATHROP AND SORACCO, INC. DATED JULY 13, 2020

FOR ON- CALL CONSTRUCTION SERVICES FOR WET UTILITY AND STREET REPAIRS THIS AMENDMENT ( hereinafter " AMENDMENT NO. 2") to the agreement between Soracco, Inc. and the City of Lathrop dated July 13, 2020, ( hereinafter" AGREEMENT") dated for convenience this 8th day of May 2023, is by and between Soracco, Inc. (" CONTRACTOR") and the City of Lathrop, a California municipal corporation (" CITY"); RECITALS:

WHEREAS, CONTRACTOR is specially trained, experienced, and competent to perform On- Call Wet Utility and Street Repairs for the City of Lathrop, which are required by this agreement; and
WHEREAS, on June 9, 2020, CITY issued an informal Notice Inviting Bids for the On- Call Construction Services; and
WHEREAS, on June 25, 2020, CONTRACTOR submitted a bid for On- Call Construction Services for Wet Utility and Street Repairs; and
WHEREAS, on July 13, 2020, CONTRACTOR and CITY entered into an AGREEMENT for On- Call Construction Services for Wet Utility and Street Repairs, in the amount not to exceed 200, 000 per fiscal year; and
WHEREAS, AMENDMENT NO. 1 Section 2 to accurately reflect compensation per fiscal year; and
WHEREAS, AMENDMENT NO. 2 to add $ 100, 000 to continue providing services for the remainder of this current fiscal year, and
WHEREAS, CONSULTANT is willing to render such On- Call Construction Services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, CONTRACTOR and the CITY agree as follows:

AMENDMENT NO. 2 TO AGREEMENT
1) Compensation. Section( 2) of the AGREEMENT is hereby amended as below:

CITY hereby agrees to pay CONTRACTOR a sum not to exceed $ 100, 000 for fiscal year, 22/ 23 on a time and materials unitary basis, for the services referenced in Section 2, above and at the rates stated in the CONTRACTOR' S bid item schedule submitted on June 25, 2020, attached as Exhibit " A". CONTRACTOR shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete.

Page 1 of 3 ends

301
CITY OF LATHROP — AMENDMENT NO. 2 WITH SORACCO, INC. FOR ON- CALL CONSTRUCTION

SERVICES FOR WET UTILITY AND STREET REPAIRS
In no event shall CONTRACTOR be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the new work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis. 2) Applicabilitv to Oriqinal AGREEMENT
All terms and conditions set forth in the AGREEMENT dated July 13, 2020 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
3) Siqnatures
The individuals executing this AMENDMENT NO. 2 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 2 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Page 2 of 3 ends

302
CITY OF LATHROP — AMENDMENT NO. 2 WITH SORACCO, INC. FOR ON- CALL CONSTRUCTION

SERVICES FOR WET UTILITY AND STREET REPAIRS
Approved as to Form: City of Lathrop
City Attorney
Z° 3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Soracco, Inc.
903 E. Lodi Ave.

Lodi, CA. 95240
Phone: ( 209) 267- 4030
Federal ID #
Lathrop Business License # 41517
Signature Date
Print Name and Title
Page3of3
303
EXHIBIT A: CONTRACTOR' S SUBMITTED BID SCHEDULE
EXHI6IT"••
OiV- CALL CONSTTtUCTI03V SERVIC S
FOR WET t1TILITY AND STREE' f REPAIRS
DN- CALL { 3 5' RL3CTItJN SERVICES FflR WET UTILITY AND yTREET

REPAIRS

BID PRICING SCHEDULE
IT M
DE CRI i1 N
U1 ITS RIE
3 Mobiliz tiott nnt Demobilization EA 5
S WEWSTORM DRAIN SY5TE14 BEPAiR
5ewer Main Re iac mment(#' ssr de i3ss u to 5 ieet)
a
2 Less tlaan 12 inc cs in diarsaeter LF
3 l2- inches in dia ter and abave LF p '
Sesver Mnirt Re la me t( t s° de ihs betwe cn 5 and 10 i`ec# 4 Less thz n 12 inchcs in diameicr L Z.t`''`.
5 12- inches in di anete and above LF f D. .
5ewer Main Re laceme t( for de ihs o- eater thsan 10 feet3 G Less than 12 i»rhes in diamet r LF
7 12- inchcs in diameier and at e F
Sewer Main S t Re air frar de ths u t 5 fect)
8 Less thaa I2 inchcs in dia ter A
7 I
l2-h
12- irsctscs in diumetcr antl bove EA G
Scwer Main S ot 1Re s ir( for de il ss between 5 and 10 lcet) tfl C. ess t# n 12 inches in diat t r EA D
11 12- iaches in diameter antt abovc EA
Sewer Mnin S t Rc sir fflr de ihs reAtcr than Ii?fe t)
2 l.ess than 12 inchcs in diarne r A 5
l3 12- inches in diart cler and above EA
Starm D siaa Niaia Re oirs ffor de # 6s u to 5 fcet)
lA Less an i5- inches in dinmeter LF p
15 flvcr 15- i» c} ses to 24 in hes in diameter LF
t b Ovec 24 irsches to 36 incitics i n diameter LF S 5
17 Ctver 36 inches ta 48 inthes in diarneter Lfi b
A- 2
304
UN- CALL C{ JNS' iRUC170N SERVICES
UR W T IifitLITY AND S' TREET REPAIRS
Storm i7ruin Meors Re uirs( for de ths bcEween 5 zand i0 feet) 18 Less than i5- i ri es in cliameter LF
v
19 Over 15• inches Rcs 24 in h in diameier i,F 0027
2{ ver 24 inches tca 36 isaches in dia cec L 5 '
2i i ver 3E inch s to 8 inches in diameter LF Zds
St cm Drsin Main Re airs ftir de ths re ter thsn 1 feet) 22 l,e.:ss ihan 1S- nches in diaca ter LF D
23 Cl et 15- inches to 24` s cches in diametcr F
U
24 C er 24 inches tc 35 inches in diameter F
25 C ver 36 inches to 48' snclzes in diameter L S nt1
2b S er L tcral Re tacerceemt LF bt7
2? Sewer Lnterat S ot Rc air A S - O
SewerfStorm ht anhale Re irs
28 Re air aC i a trou h and sheit basa; inside c f manhal EA l tqv 29 R lace rnanhc le fra e and ct er EA 7. S o
WATE ECYCLED WATER SYS' i' t4i BEPAIRS
4Vater hYa' s» Re lacemeni{' 4r de ! hs u to 5 teet3
3 b-inci es in liarnet r t,F S v
3l 8- inches in iiams; ter L 2
32 1{? inch s in iiarneter LF
33 12- inchcs fn di mctcr LF S 32-
3 i Ib- inches in diameter LP
35 Over 16- inchcs in diametcr LF 2
Wz ter Muin Re acement([ or de tt s between 5 end 1Q feet} 3b 6• inchcs in diameter L
37 8- iaches in diameter LF 32'
38 1{ a- inches in diumctc LF
39 12- inches in diameter LF b
Z
d(i i6-inches in diameter LF
A- 3
305
UN- CALL CONSTR[! CT' ION SERVICES
FUR 6VE'T UTILI' TY AND STREE'T REPAIRS
41 L?ver l6- inches in diameter LF 5 u
Waicr Main S t Re aic{ for de ths o to 5 teet)
4Z 12- inches or less diametQc EA 5 5
43 f3ver 12- inches ia diameter EA 5
Water M in S ot R air( 1`or de ths belween 5 and 1€} T+eet) 44 P2- inches or tess di mcter EA 1 vv
45 Over t2- inc3ses in diame er A a v
VYuter 5 rvice Line Replsr emen#{ irenchless, 1- 1t2 to Z- 3nc6 46 diamc# er) LF
4? ' 4Vflies Service Line 5 ot Re uir 1 1 ( 1
48 Fire H =drant Kuuckdown Re sis Er r
49 Fire H drant Ktaockdown Re lacemenk f7
Water S tem Yalve Re laccrnesat
n
p.

SO G- inches in d'oameter EA c to
51 8- inchcs in diameter EA l( d
52 ifl-in hes in diameter Er l ` d+
S: i 12ainches in diameter A p oJ:7
54 16- inches in diametcr fi y
55 18- inches in diametcr Eq 1 t j"
55 ARV Volve Re lucement A
57 Mcier/Meter Box Rc lucemeni EA

STREET AND SIDEWALK REPAIRS
S8 SaivCuttin As hult Caarrete Pavemcnt er inch de ih cut) LF 59 As halt Concrete PAvemeat Re ir( c 2- 112- incf es thick Tift) SF Ct3 Cor ccete SIdewalk Removal& Re lareroent SF Lti
61 Concnie Curb and Gutter Removai& Re iacement LP J 5' TOTAL T.JNIT PRICE{ ITEMS 1- 61} g j C' J 2' 6 `

CONTRACT IS TO BE AWARDED BASED ON BID PRICING SCHEDULE WITH THE L4WEST i3NIT PRICES
A-A
306
ON- CALL CONSTRU' TIdN SERYICES
UR 1V£ T UT[ LIT1' AND STREET R PAIRS

ATTACH TIME AND MATERIALS RAT SHEET
ALLOi' ANCE iT S
Ailowance for working in locut ons with Tixne& I TE
i et hanced raflic conttol l EA Materiais $ 10,({ l
Atlowance fc r canexpected Seld candivans csr
issuas thna axe tseyond the scapc of typica9 wet Time& N'!`E 2 utilic c rs etrt air 1 EA tviateriats $ I5,
Tiinc& NTE
A11 Plannec3 Work i EA M terials 125,{} p}
Ttme& N1' E
3 A! i Emcr enc Work 3 EA M tcrials 50,
A- 5
307
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GENERAI. EPIGINEERING & BUtL. D(NG CONTRACTOR

TIME & MATERIAL RATES

EQUIPMENT
NOTE: Equipment Rates c ude Markup But Are` Bare — No Labor Is Included( see below) Additional Equipment surcharges may apply when rental cosu exceed rates listed below Rates Do Not lnclude Extra Charge For Worl: ing[ n Rock Conditions Rates Include Consumables and Minor Tools)
Rental Equipment viil be charged at the fuli im oice pnce Teichert rzsenes the nrJ t to impose a fuel surcharge Rate Per Hour
Pickups
ACA F150 2wd'/: Ton Pickup 25. 00
ACB F250& F350 Pickup 29. 00
ACD F350 Pickup w/ Utiliry Body 25. 04
ACE F550 Crew Truck& Cone Truck 29. 00
ACF F250& F350 4wd Pickup 25. 00
ACH F550 w/Utility Body Mechanics& Plumbers 29. 00
Hammers
HYD Hydraulic Hammer, Excavator Attachment 25. 00
Paver
FBD Asphalt Paver 275. 00
Tractors/ Backhoes/ Loaders
LBC Loader, Scraper J0210LJ 8 Case 570MXT 60. 00
LBF Loader, Backhoe JD 410G 85. 00
LBM Loader, 3Yd Voivo L120 121. 00
LBS Skid Steer, Cat 259D 50. 00
Motor Graders ( Blades)
MHD Motor Grader, Cat 140G 140. 00'
Rollers/Compactor
RBH F2olier, Pneumatic, 10 Ton, IR PT125R 75. 00
RKA Compactor, Cat 815F 175. 00'
RVC Rofler, Vibratory, Cat C6224E, CB24, C832 55. 00
RVN Roller, Vibratory Pad Drum, Cat CP566 115. 00
Excavators
SGA SGA— Excavator 60. 00
SGC Excavator, Cat 308D CR SB 70. 00`
SGD Excavator, Cat 325 130. 00'
SGF Excavator, Cat 336 180. 00'
Dozers
TDB Crawier, Cat D4H 120. 00
TDC Crawler, Cat DSKXI 120. 00
TDD Crawler, Cat D6R 150. 00'
TDJ Crawler, Cat D10R, D10T 400. 00
TDM Crawler, Cat DSR, DST 258. 00'
TDO Crawler, Cat D9R 325. 00`
Scrapers
Rates are e/ fertive from Juy 2029 ihrough lune 2020. Somcco, lnc. reserves theright to modify this schedule ot arty time. Page 1 of 4 308
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GEWERAL NGIN RtNG & BUIL. DING CONTRACTOR

TIME & MATERIAL RATES
TEF Scraper, Open Bowl, Cat 631 E 288. 00*
TEL Water Pull, 8000- Gat, Cat 623 185. 00"
TEN Scraper, Elevaiing Cat 623G 258. 00'
TEO Scraper, Cat 627 350. 00'
TEQ Scraper, Cat 637G 375. 00'
TET Scraper, Elevating Cat 6 3C 155. 00'
Trucks
TRC Truck, HD Flatrack, Inciudes Fiatbed Trailer 60. 00 TRL Truck, Water, Peterbiit 359 90. 00
TRO Truck. 3- Aule& End Dump Trailer 99. 00
TRQ Truck, TranspoR, Lowbed 100. 00
TRS Truck, Sweeper 200. Q0
TRV Truck, Vacuum 275. 00
Forklifts
UAB Pneumatic Forklift 4, 000— 6, 000# Gapacity 63.00
UAC Pneumatic Forklift 13, 000— 16, 000# Capacity 63. 00 UAT Telescoping Forklift 80. 00
When working in rock add per hour:

MHD 15. 00
RKA 20. 00
SGC 10. 00
SGD 10. 00
SGF 12. 00
TDD 10. 00
TDM 15. 00
TDO 20. 00
TEF 15. 00
TEL 20. 00
TEN 20. 00
Ratesareef ec[ ive/ romluy 2019 through June2020. Sorocco, Inc. reservestherightto modify thisscheduleotany time. Page 2 of 4 309
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LIC. # 1028603 ''"°, " nC.

G NERAI. ENGINEERING & BUILDING CONTRACTOR

TIME & MATERIAL RATES
LABOR( Northern Caiifornia Rates)
NOTE: Labor Rates Include Markup
ReEular Time Overtime Double Time
Foremen
Operating Engineer Foremen 130. 00 172.00 213. 00
Labor Foremen
Carpenter Foremen
Cement Mason Foremen
Plumber Foremen
Operator— Class 1
Motor Grader( Blade) 128. 00 168. 00 207. 00
Excavator
Cranes
Operator— Class 2
Loader 125. 00 163. 00 202. 00
Dozer
Grade setter
Asphalt Paver
Tractor wlScraper
Finish Roiler( Asphalt)
Backhoe
5craper
Mechanic
Compactor
Trencher
Operator— Class 3
Apprentice 123. 00 163. 00 197. 00
Concrete Paver/Trimmer
Hydralift
SurveyoNChainman/ Rodman
Screedman
Chip Spreader
Rolier{ non- asphalt)
Oiler
Laborers

94. 00 122. 00 149. 00
if Laborers are working in Alameda, Contra Costa, Marin, San Francisco or Santa Cla2 Counfies, rates for labo2rs increase by

51. 00
Carpenter 122. 00 156. 00 195. 00
Cement Mason os. 00 iss. 00 ss. 00
Teamster( Drivers) io2. 00 2s. 00 159. 00
Plumber i. 00 za. 00 i a. 00
Rates ase effect'rve from Juy 2019 through J ne 1020. Sorocco, Inc. reserves the righi to modijy thisschedule ot ony time. Pdge 3 of 4 310
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G NERAL ENGINEERING & UIL. DING CONTRACTOR

TIME & MATERIAL RATES
1 SMALL TOOLS
NOTE: Additional Equipment surcharge may apply when rental costs exceed rates listed below.

Rate Per Day
Small Tools& Miscellaneous (Mark-up Inctuded)
SE- AHB Not box asphalt 2 ton trailer 146. 00
SE- APS Airless Paint Striper- Ride O 260. 00
SE- ATV AN/Kubota Utility Vehicle 56. 00
SE- BCA Skidsteer Buckets/ Fork Attachments 8. 00
SE- SCB Breaker& Broom Attachment 92. 00
SE- BCC Manhole Cutter Attachment 176. 00
SE- BEH Seif- propefied Broom 160. 00
SE- BGB 13" Brum Grinder Attachment 600. 00
SE- BGD HRZ Drill Attachment 80. D0
SE- BGR GrinderAttachment 360. 00
SE- CBE Air Compressor( 185 cfm) 72. 00
SE- CBF Air Compressor( 210 cfm) 76.00
SE- CBG Air Compressor( 300 c(m- 700 cfm) 112. 00
SE- CMS Changeable Message Sign Board 112. 00
SE- CMT Mini Message Board SO. Oo
SE- CSM Crack Sealer Machine 480. 00
SE- CSS Speed Board 72. 00
SE- CSU Hydraulic Pipe Fusion Machine 104. 00
SE- FAU Arrow Board 48. 00
SE- GAD Generator= or< 25kw- tow 84. 00
SE- GAE Generator> 25kw- tow 200, 00
SE- GDD EZ Drill- 5 Driil 432. 00
SE- GDR EZ Drili- Single 88. 00
5E- KRL Kraii Clamp 80. 00
SE- LBS Skidsteers 280. 00
SE- LTO Light Towers- Tow 116. 00
SE- MEH Mortar 8 Concrete Mixers 52. 00
SE- OAK Asphait Emulsion Tac Pot 104. D0
SE- PLG 6" Pumps 80. 00
SE- PLO 12" Hurricane Pump/ Pumpmaster 136. 00
SE- POC Standpipe 18. 40
SE- RMB Rumbie Strips( Set of 6) 48. 00
SE- RSK Shaker Screen 660. 00
SE- RVC 1- 3 Ton Vibratory Roller 160. 00
SE- SCA Dike/ Curb Machine 188. 00
SE- SCB Curb Machine- Gomaco CC1200 268. 00
SE- SCR Concrete Rolier Screed- Ride 240. 00
SE- SGS Concrete Striker Screed 120. 40
SE- SSS Sand Spreader 136. 00
SE- TAJ Water Wagon 64. 00
SE- TAL Laser Trailer 20. 00
SE- TAS Shade Trailer 8. 00
6E- TAT Klein Tank 104. 00
Rates are effective from luy 2019 through lurte 2010. Soracco, lnc. reserves the right to modify thisschedule at any fime. Page 4 of 4 311
ITEM 4. 17

CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 4 WITH LUHDORFF &

SCALMANINI CONSULTING ENGINEERS, CONTRACT
CHANGE ORDER NO. 6 WITH COMMERCIAL PUMP &
MECHANICAL, INC., FOR WELL 10 TESTING,
ANALYSIS AND MODIFICATIONS, CIP PW 22- 37
RECOMMENDATION: Adopt Resolution to Approve Amendment No. 4 with Luhdorff & Scalmanini Consulting Engineers,
Contract Change Order No. 6 with Commercial Pump
Mechanical, Inc., for the Well 10 Testing, Analysis
and Modifications, CIP PW 22- 37
SUMMARY:

The City' s Well 10 is a crucial element of the water supply and requires the Well 10 Testing, Analysis and Modifications ( Well 10 TAM) Capital Improvement Project ( CIP) PW 22- 37 to address sanding and other maintenance items. The project is nearing to completion, but additional funding is needed to incorporate a well pre- lubrication system for the Well 10, which was not included in the original design.

Staff requests Council to approve Amendment No. 4 with Luhdorff & Scalmanini Consulting Engineers ( LSCE) in the amount of $ 20, 000 for additional engineering services and Contract Change Order No. 6 with Commercial Pump & Mechanical, Inc.

CPM) in the amount of $ 9, 321 for a total cost of $ 29, 321 ( including a 10% contingency) of the Water Capital Replacement Fund 5600 to complete the Well 10 TAM, CIP PW 22- 37 for a well pre- lubrication system.

BACKGROUND:

The Well 10 TAM, CIP PW 22- 37 is required to address maintenance issues related to sanding for the City' s Well 10, which is one of four active wells comprising the City' s groundwater supply.

On November 8, 2021, Council approved the creation of CIP PW 22- 37 and Amendment No. 2 with LSCE, and on February 14, 2022, Council awarded a construction contract to CPM. On August 8, 2022, Council approved Amendment No. 3 with LSCE and Contract Change Order No. 4 with CPM.

The project is nearing completion, but additional budget is needed for additional engineering services and well modifications including a well pre- lubrication system for the mechanical seal when the well starts up.
312
CITY MANAGER' S REPORT PAGE 2
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 4 WITH LSCE, CONTRACT CHANGE ORDER NO. 6 WITH CPM FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37
Cost breakdown as follows:

Descri tion Cost
CPM - Additional Well Modifications 9, 321
LSCE - Additional En ineerin Services 20, 000
Sub- total 29, 321
10% Contin enc 2, 932
TOTAL 32, 253
REASON FOR RECOMMENDATION:

The City' s Well 10 is a crucial element of the water supply and requires the Well 10 Testing, Analysis and Modifications ( Well 10 TAM), CIP PW 22- 37 to address sanding and other maintenance items.

FISCAL IMPACT:

The cost for Contract Change Order No. 6 with CPM for the additional well modifications is $ 9, 321 and the cost for Amendment No. 4 for additional engineering services from LSCE is $ 20, 000 for a total cost of $ 32, 253, including a 10 percent contingency of $2, 932.

Funding ( Capital Replacement # 5600), for these services will be covered in the CIP PW 22- 37, presented to Council for FY 23/ 24.

ATTACH M E NTS:

A. Resolution to Approve Amendment No. 4 with Luhdorff & Scalmanini Consulting Engineers, Contract Change Order No. 6 with Commercial Pump & Mechanical, Inc., for the Well 10 Testing, Analysis and Modifications, CIP PW 22- 37 B. Amendment No. 4 with Luhdorff & Scalmanini Consulting Engineers for the Well 10 Testing, Analysis and Modifications, Capital Improvement Project ( CIP) PW 22- 37 C. Contract Change Order No. 6 with Commercial Pump & Mechanical Inc., for the Well 10 Testing, Analysis and Modifications, Capital Improvement Project ( CIP) PW 22- 37
313
CITY MANAGER' S REPORT PAGE 3
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 4 WITH LSCE, CONTRACT CHANGE ORDER NO. 6 WITH CPM FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37
APPROVALS:
i O o l 2'' Z3
Gre ibson Date
Senior Civil Engineer
3 Cari Jam s Date
Finance or
S• !• Zoz 3
Michael King Date
Assistant City Manager
s. Z_ 2 Z 3
Salvador Navarrete Date
City Attorney
5- F• 23
S en J. Salvatore Date
City Manager
314
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE AMENDMENT NO. 4 WITH LUHDORFF & SCALMANINI CONSULTING ENGINEERS, CONTRACT CHANGE ORDER NO. 6 WITH COMMERCIAL PUMP & MECHANICAL, INC., FOR THE WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37
WHEREAS, the Well 10 Testing, Analysis and Modifications ( Well 10 TAM), CIP PW 22- 37 is needed to address sanding and other maintenance items for the City' s Well 10, a critical component of the City' s water supply; and WHEREAS, on November 8, 2021, City Council approved the creation of the Well 10 TAM, CIP PW 22- 37 and Amendment No. 2 with Luhdorff & Scalmanini Consulting Engineers ( LSCE); and
WHEREAS, on February 14, 2022, Council awarded a construction contract to Commercial Pump and Mechanical Inc. ( CPM); and
WHEREAS, On August 8, 2022 Council approved Contract Amendment No. 3 with LSCE and Contract Change Order No. 4 with CPM and an associated budget amendment; and
WHEREAS, the project is nearing to completion, but additional budget is needed for additional engineering services and well modifications including a well prelubrication system for the mechanical seal when the well starts up; and WHEREAS, the cost for Contract Change Order No. 6 with CPM for the additional well modifications is $ 9, 321 and the cost for Amendment No. 4 for additional engineering services from LSCE is $ 20, 000 for a total cost of $ 32, 253 including a 10 percent contingency; and
WHEREAS, the cost for Contract Change Order No. 6 with CPM for the additional well modifications is $ 9, 321 and the cost for Amendment No. 4 for additional engineering services from LSCE is $ 20, 000 for a total cost of $ 32, 253, including a 10 percent contingency of $ 2, 932; and
WHEREAS, funding ( Capital Replacement Fund# 5600), for these services will be covered in the CIP PW 22- 37, presented to Council for FY 23/ 24.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Amendment No. 4 with Luhdorff & Scalmanini Consulting Engineers for additional engineering services for the Well 10 Testing, Analysis and Modifications CIP PW 22- 37 in the amount of $ 20, 000; and 315
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve Contract Change Order No. 6 with Commercial Pump and Mechanical Inc. for additional well modifications for the Well 10 Testing, Analysis and Modifications CIP PW 22- 37 in the amount of $ 9, 321.
316
The foregoing resolution was passed and adopted this 8th day of May 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO ORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 317

ATTACHMENT
AMENDMENT NO. 4

TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND

LUHDORFF & SCALMANINI CONSULTING ENGINEERS
FOR ADDITIONAL ENGINEERING SERVICES FOR WELL NO. 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37
THIS AMENDMENT ( hereinafter " AMENDMENT NO. 4") to the agreement between Luhdorff & Scalmanini Consulting Engineers and the City of Lathrop dated May 25, 2021, hereinafter " AGREEMENT") dated for convenience this 8th of May 2023, is by and between Luhdorff & Scalmanini Consulting Engineers (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services for the City of Lathrop, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on May 25, 2021, CONSULTANT and CITY entered into an AGREEMENT to perform the Professional Engineering Consulting Services for Well Testing and Analysis for Well No. 10 Sand Production not to exceed $ 7, 000. 00 ; and WHEREAS, on August 11, 2021, CONSULTANT and CITY entered into AMENDMENT N0. 1 for Well Testing and Analysis for Well 10 Sand Production for $4,450. 24; and WHEREAS, on November 8, 2021, CONSULTANT and CITY entered into AMENDMENT NO. 2 for Well 10 Testing, Analysis and Modifications, CIP PW 22- 37 for$ 25, 500; and WHEREAS, on August 8, 2022, CONSULTANT and CITY entered into AMENDMENT NO. 3 for Well 10 Testing, Analysis and Modifications, CIP PW 22- 37 for $ 15, 000; and WHEREAS, CONSULTANT provided scope of work attached hereto as Exhibit " A" for Amendment No. 4 for Well 10 Testing, Analysis and Modifications, CIP PW 22- 37 for $20, 000.

NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AMENDMENT NO. 4 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT for Consulting is hereby amended to add the following:

CONSULTANT agrees to perform Engineering Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction.

Page 1 of 3 ends

CITY OF LATHROP— LUHDORFF& SCALMANINI CONSULTING ENGINEERS AMENDMENT NO. 4 FOR WELL 10 TESTING, ANALYSIS AND MODIFICATION, CIP PW 22- 37 2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:

City hereby agrees to pay CONSULTANT a sum not to exceed 20 000 for services set forth in Exhibit" A" of this Amendment No. 4. CONSULTANT shall be paid within thirty (30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY'S Authorized Representative prior to the commencement of the work. Payment is made based on a time and materials basis.
3) Effective Date and Term
The effective date of Amendment No. 4 is May 8, 2023, and it shall terminate no later than June 30, 2024. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicabilitv to Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated May 25, 2021 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT NO. 4 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 4 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Page
3192 of 3
CITY OF LATHROP— LUHDORFF& SCALMANINI CONSULTING ENGINEERS AMENDMENT NO. 4 FOR WELL 10 TESTING, ANALYSIS AND MODIFICATION, CIP PW 22- 37 Approved as to Form: City of Lathrop
City Attorney
Z.7 ZOZ..3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Luhdorff & Scalmanini Consulting Engineers
500 First St
Woodland, CA 95695
Federal ID # 20- 1984423
Business License # 20853
Signature Date
Print Name and Title
Page3of3
320
Luhdorff Scalmanini

M B',T,
C
Consulting Engineers
April 20, 2023
LSCE File No. 21- 2- 131
Mr. Greg Gibson
City of Lathrop
Public Works Department
390 Town Center Drive
Lathrop, CA 95330
SUBJECT: City of Lathrop Well 10 Capital Improvement Project, Testing, Analysis and Modifications — Budget Increase Request No. 2
Dear Mr. Gibson:

Per the City' s request, Luhdorff& Scalmanini Consulting Engineers ( LSCE) is pleased to submit this request for a budget increase to complete the Well 10 Improvement Project. The current budget increase is being requested for additional design services for a prelubrication system for the pumping equipment and additional construction management services. LSCE has assisted the City with investigating the Well 10 for sand related issues. The original contract was executed on December 15, 2021 and it included four tasks. In July 2022, LSCE requested additional budget for completing the well rehab and modifications.

Task 1: Review of the City' s Front- End Specifications ( completed) Task 2: Development of Work Plan and Technical Specifications ( completed) Task 3: Bidding Assistance ( completed)
Task 4 Oversite of the Well Rehab and Pump Replacement.

The well rehab is complete. The pump replacement is nearly complete. A replacement pump has been specified and ordered. The remaining work includes review of the factory curve, pump installation, well disinfection, startup and performance testing.

Budget Increase No. 1: Additional Well Rehab and Modifications ( completed) The budget increase was requested for the following reasons: the well investigation needed a second dynamic video survey to determine the source of sand; time for review and approval of the well modification design from San Joaquin County (County) and Division of Drinking Water ( DDW); and procurement of the materials by the Contractor; coordination with the Contractor to reinstall the old pumping equipment in July 2022 for the high demand water season to provide the City with a reliable drinking water source for the summer.

This second budget increase is being requested to provide additional design services for a prelubrication system for the pumping equipment and construction management services. LSCE 500 irst Stre d 53C3) 6ta' 1- C+"l0 3
Wa dlan i, C. A 95 i 5 w rrw. Psc.: wrr
321
ATTA H_MEt"
CHANGE ORDER NO. 6
Well 10 Testing, Analysis and Modifications, CIP
PW 22- 37 City of Lathrop
CONTRACT CHANGE ORDER NO. 6
WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22-37 Contractor: Commercial Pump & Mechanical, Inc.

Address: P. O. BOX 7947
Chico, CA 95927
Change Order Date: May 8, 2023
Notice to Proceed Date: March 3, 2022
Contract Execution Date: February 14, 2022
This contract change order augments or changes the following:
1) ADDITION TO CONTRACT— Add Well Prelubrication System Specification pursuant to the CPM Change Order# 06 Request dated April 24, 2023, and the Contract Specifications ( as revised).
2) CHANGE IN SPECIFICATIONS— Add Section 15025 — Prelubrication System
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and Commercial Pump & Mechanical, Inc. dated February 14, 2022.

I. CHANGES IN THE SPECIFICATIONS
A Section 15025 — Prelubrication System
II. ADDITIONS TO CONTRACT
A Specified components with the attached specification:

NO DESCRIPTION QTY UNIT UNIT TOTAL
PRICE
1 Well Prelubrication System 1 EA 9, 321 9, 321
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER NO. 6 9, 321 ORIGINAL CONTRACT AMOUNT 87, 664
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER NO. 1 4, 870 REVISED CONTRACT AMOUNT AFTER CHANGE ORDER NO. 2 3, 384 REVISED CONTRACT AMOUNT AFTER CHANGE ORDER NO. 3 88, 778. 18 REVISED CONTRACT AMOUNT AFTER CHANGE ORDER N0. 4 117,402 REVISED CONTRACT AMOUNT AFTER CHANGE ORDER N0. 5 66, 861 REVISED CONTRACT AMOUNT AFTER CHANGE ORDER N0.6 378, 280 322
CHANGE ORDER NO. 6
Well 10 Testing, Analysis and Modifications, CIP
PW 22- 37 City of Lathrop

END OF CHANGES)

DESCRIPTION OF WORK
See additions to contract. The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The extra work will increase the time frame of the original contract by 0 working days, and is to be completed concurrent with other various items of work.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 6. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor's work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Credifor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement wifh the debtor.

END OF SECTION)
323
CHANGE ORDER NO. 6
Well 10 Testing, Analysis and Modifications, CIP
PW 22- 37 City of Lathrop
Recommended
By:

Michael King Date
Assistant City Manager
City of Lathrop
Approved As
Z, y
To Form: Z 3
Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By:

Stephen J. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

Commercial Pump & Mechanical, Inc. Date
Print Name and Title
Attachments:

1. Section 15025 — Prelubrication System

2. CPM Quote for Well Prelubrication System dated April 24, 2023 324
April 24, 2023
Frank Vallejo
Utility Operations Superintendent
City of Lathrop
fvallejo cni, ci. lathrop. ca. us
RE: Well 10 Change Order# 6— Prelube System

1. '/ z" Apollo Ball Valve

2. '/ 2" Val Matic ARV

3. % 2" Apollo Check Valve

4. Type K Copper Pipe/ Tubing

5. Copper Fittings

6. '/ z" Watts Relief Valve

7. WX -250 tank

8. '/ 2" Flomatic Flow Control Valve

9. '/ 2" ASCO 8210 Solenoid Valve

10. Solder/ Flux

11. Pipe Straps

12. '/ z" Hilti KB —TZ Wedge Anchors

13. 4" x 3" Stainless Steel L Bracket

14. Stainless Steel fastener— Tank

15. Pressure Testing
Material Price 2, 986. 29
Sales Tax( 8. 75%) 261. 30
Incoming Freight 250. 00
Travel / Installation Labor
20 Hours— Service Truck, Mechanic @ $ 140. 00/ Hour 2, 800. 00 20 Hours— Field Helper @ $ 80. 00 / Hour 1, 600. 00
8 Hours— Overtime Premium @ $ 40. 00/ Hour 320. 00
4 Each— Per Diem @ $ 197. 00 788. 00
Performance/ Payment Bond ( 3. 5%) 315. 20
Total Price 9, 321. 00
1 Steven L. Greenwood
Commercial Pump & Mechanical, Inc.
11254 Midway, Chico CA 95928 530. 899. 1583v 530. 899. 7225f www. cpmpump. com 325
SECTION 15025— PRELUBRICATION SYSTEM
PART 1 — GENERAL

1. 01 SCOPE
A. This section consists of furnishing and installing copper tubing, fittings, pipe supports, bolts, nuts, gaskets, and all associated appurtenances for the prelubrication system.

B. All materials, labor and workmanship associated with the installation of the piping shall conform to the schematic and applicable AWWA, ASTM, San Joaquin County, City of Lathrop, and to the Improvement Standards and Technical Specifications of the City.

C. Certification with NSF Standard 61 shall be provided by the National Sanitation Foundation for all new piping related appurtenances used in the production or distribution of drinking water in contact with drinking water including contact with raw water to be treated.

D. The Contractor shall submit all drawings and supporting calculations for seismic anchorage and bracing for pipe stands and support structure equipment required for above ground station piping. Calculations shall include adequate information such as weight, dimensions, anchorage and other details so that they can be fully and independently reviewed against project design criteria.

E. Do not prepare any shop drawings for, or make final order for, or design any pipe materials for any particular section of pipeline, until all utilities that are to remain in that section of pipeline have been exposed.

1. 02 RELATED WORK
NA

1. 03 SUBMITTALS
A. Prior to the start of manufacturing, the following shall be submitted to, and approved by the Engineer:

1. Shop Drawings
The Contractor shall submit complete data on pipe, fittings, linings, coatings, and any manufacturer' s installation instructions showing conformance with the applicable standard.

2. Certification
Certification properly executed by the manufacturer shall be furnished to the Engineer showing compliance to the required Specifications and applicable standards. Test data on City of Lathrop March, 2023
Well 10 Testing, Analysis, and Modifications Prelubrication System LSCE No. 21- 3- 131 15025- 1
326
tests performed shall be provided as requested by the Engineer.

1. 04 HANDLING, STORAGE AND SHIPPING
A. Pipe that shows evidence of exposure to sunlight, age, surface deterioration, or other physical damage is not acceptable. The decision of the Engineer shall be final as to the acceptability of the pipe to be installed. For pipe older than 24 months, the City will require information on the pipe storage during the period. The City reserves the right to reject pipe older than 24 months or to require retesting and recertification by the pipe manufacturer.

1. 05 DESIGN PRESSURES
A. The design pressure of pipe shown on the Drawings or in these Specifications is the minimum required static internal design pressure in pounds per square inch. The pipe shall be designed for this internal pressure without exceeding the allowable design stresses. Additionally, the pipe shall be designed for the test pressure specified herein without exceeding 50 percent of yield stresses or joint design pressures.

B. Pipe shall be designed for minimum of 125 psi working pressure with an additional 50 psi allowance for surge.

C. All fittings, couplings, valves, and other appurtenances shall be rated for the same or a higher design pressure as the pipe they are used on and shall withstand the test pressure without damage.

D. Provide anchorage to the floor, concrete pedestal, or station piping at valves and fittings as shown or where not shown as necessary to prevent the movement or deflection of the pipe when under pressure. Thrust restraint design pressure shall be 200% of the pipe design pressure, or the test pressure, whichever is greater.

1. 06 PIPE DIAMETERS
A. The pipe diameters shown on the Drawings and used in these Specifications are inside diameters unless specific reference is made to outside diameter of the pipe or the pipe is a standardized product normally designated by a nominal size, e. g., ductile iron pipe.

1. 07 MARKING AT PLANT
A. Each pipe and fitting shall be marked at the plant. Marking shall include size or diameter and class of pipe or fittings, manufacturer' s identification, and date of manufacture.

1. 08 INSPECTION
A. All pipe may be subject to inspection at the place of manufacture in accordance with the provisions of the referenced standards as supplemented by the requirements herein. The City of Lathrop March, 2023
Well 10 Testing, Analysis, and Modifications Prelubrication System LSCE No. 21- 3- 131 15025- 2
327
Contractor shall notify the City in writing of the manufacturing starting date not less than 14 calendar days prior to the start of any phase of the pipe manufacture. In addition, the Contractor shall give the City three( 3) working days advance notice of the start of any surface preparation or coating application work.

B. During the manufacture of the pipe, the City shall be given access to all areas where manufacturing is in process and shall be permitted to make all inspections necessary to confirm compliance with the Specifications. Material, fabricated parts, and pipe that are discovered to be defective, or that do not conform to the requirements of this Specification, will be subject to rejection at any time prior to final acceptance of the pipe.

PART 2— MATERIALS

2. 01 PIPE
A. Pipe used in the construction of the prelubrication system shall be of the type shown on the Drawings. It shall be the regular product of a manufacturer who is fully experienced, reputable, and qualified in the manufacture of the materials to be furnished and has successfully manufactured comparable pipe for at least three ( 3) years.

1. Copper Tubing
Copper tubing for use in underground water service shall be continuous- run ( no joints) Type K soft copper tubing. Copper tubing for use in interior water service shall be Type K hard copper tubing and compression or lead- free solder sweat connections. Pipe shall conform to the latest revisions of AWWA C800, ASME B31, and ASTM B88.

2.02 FITTINGS AND VALVES
A. Red Brass Fittings
Red Brass fittings shall contain less than 0. 25% weighted average lead content and meet ASTM B62 and ASTM B584 or B927, as well as ASME B 16. 5 and B 1. 20. 1 and be minimum class 1251bs.

Brass nipples and pre- cut pipe shall contain less than 0. 25% weighted average lead content and meet ASTM B687 or ASTM B43.

B. Copper Fittings
Copper fittings shall be lead free and meet ASTM B75, as well as ASME B 16. 22.

2. 03 Nuts, Bolts and Washers
A. Nuts, Bolts and Washers
Nuts, bolts and washers shall conform to AWWA C207 the sizes and quantities recommended in Section 2 of AWWA C207. Bolts shall be threaded to conform to Unified National Coarse UNC) Coast Thread Series.

City of Lathrop March, 2023
Well 10 Testing, Analysis, and Modifications Prelubrication System LSCE No. 21- 3- 131 15025- 3
328
Nuts, bolts, pipe and washers shall be type 316 stainless steel and conform to ASTM F593, ASTM F594 and ASTM F436 respectively.

2. 04 Pipe Hangers
Pipe hangers shall conform to ASTM B75, suitable for use with type K copper tubing.

2. 05 Valves

1. Air Release Valves
Air release valves ( ARV) shall have a small venting orifice to vent the accumulation of air and other gases with the line or system under pressure. Size and capacity shall be as specified in the Drawings.

The compound lever design shall consist of two levers and an adjustable threaded resilient orifice button. The orifice, float and linkage mechanism shall be constructed of Type 316 stainless steel. Non- metallic floats or linkage mechanisms are not acceptable. The orifice button shall be Buna- N. A low durometer orifice button shall be provided when valves are used at low operating pressures. Valves shall be Val-Matic as manufactured by Val-Matic Valve or equal.

2. Pressure Relief Valve
Pressure relief valve shall relief high pressure. The valve shall open at a specific pressure to protect the system from pressures that exceed the set point. The valve shall have an adjustable range of 100 to 125 psig. The valve shall be bronze body, bronze disc, and bronze seat.

3. Ball Valve
Ball valves shall be bronze and manufactured by Mueller, Nibco, Apollo Valve, Watts or approved equal.

4. Check Valve
Check valves shall be bronze, ball inline check valve, and manufactured by Mueller, Nibco, Apollo Valve, Watts or approved equal.

5. Solenoid Valve
Solenoid valves shall be brass body, normally closed, slow closing, rated for indoor and outdoor environments. ASCO 8210 or approved equal.

6. Flow Control Valve
The valve shall be manufactured by Griswo1d3524DB, Flomatic Flo-Trol CDB 1. 5, ar approved equal.

2.06 Diaphragm Tank
The diaphragm tank shall have a working pressure up to 150 psig, constructed of steel, heavy duty butyl diaphragm, an antimicrobial liner, factory precharged to 15 psig. The tank shall City of Lathrop March, 2023
Well 10 Testing, Analysis, and Modifications Prelubrication System LSCE No. 21- 3- 131 15025- 4
329
be Amtrol WelI-X-Trol WX-251, or approved equal.

PART 3 - EXECUTION
A. All pipe, fittings, and appurtenances shall be installed in accordance with the manufacturer' s recommendations and according to accepted water works practice. Each section of pipe and each fitting shall be thoroughly cleaned out before it is installed. All pipe, fittings, and appurtenances, shall be carefully lowered into the trench by suitable tools or equipment in such a manner as to prevent any damage, particularly to the lining and coating. All pipe, fittings and appurtenances, shall be examined for defects before lowering into the trench. Any defective, damaged, or unsound materials shall be rejected.

3. 01 PIPE CUTTING
A. When necessary to cut pipe, it shall be neatly and squarely cut to length using methods recommended by the manufacturer.

3. 02 THRUST RESTRAINT
A. All pipe tees, elbows, caps, bends, diaphragm tank and other locations where unbalanced forces exist shall be secured using thrust restraints, straps, bolts, etc. The pipe and tank shall be restrained with straps to the concrete floor, well concrete pedestal, and/ or station piping.

3.03 DISINFECTION AND LEAK TESTING
A. All pipe, fittings, valves, and tank shall be disinfected with sodium hypochlorite NSF 61 solution of 25 ppm residual chlorine.

B. The prelubrication system shall be pressure and leak tested. The system between the ball valve and the solenoid valve shall be pressurized to 125 psig. Test pressure shall be maintained for a minimum period of one ( 1) hour. The Engineer shall reserve the right to evaluate test pressure.

PART 4— MEASUREMENT AND PAYMENT
All work as specified herein, satisfactorily completed, shall be paid for on a Lump Sum basis.

END OF SECTIONCity of Lathrop March, 2023
Well 10 Testing, Analysis, and Modifications Prelubrication System LSCE No. 21- 3- 131 15025- 5
330
MR. GiBsoN
APRIL 2O, ZO23 CITY OF LATHROP- WELL 1 O
PAGE Z
assumed that the Well 10 station was equipped with a functional prelubrication system.

However, when the well rehabilitation was completed, it was determined that the prelubrication system was not functional. A prelubrication system is necessary for a fully functional system and to bring the Well 10 station into good operational standing, as a prelubrication system is critical for preventing equipment failure and longevity of the pumping equipment. Under the additional requested scope, LSCE will design a prelubrication system for Well 10, coordinate with the City, and coordinate with Primex to complete the electrical work.

LSCE will assist the City with construction management during installation of the prelubrication system and the pump station upgrades identified under the original scope. Construction management services will include reviewing submittals, Request for Information ( RFIs), the Contractor' s invoices, reviewing quotes for change orders, coordination with the Contractor, and facilitation of bi- weekly construction calls. Submittal reviews will include: the pump factory curve, prelubrication system materials, and performance testing.

This second budget increase of$ 20, 000 is submitted to the City for approval for the work necessary to complete the project. Thank you for giving us the opportunity to prepare this budget increase request for the scoped items of work.

Sincerely,

LUHDORFF& SCALMANINI,

CONSULTING ENGINEERS
Eddy Teasdale, P. G., C. Hg. Philip L' Amoreaux, P. E.

Supervising Hydrogeologist Project Engineer
LSCE
331
ITEM 4. 18

CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF INDUSTRIAL SOLID WASTE LICENSE
RENEWAL FOR FISCAL YEAR 2023- 24
RECOMMENDATION: Adopt Resolution to Approve Annual Industrial Solid Waste License Renewal for Delta Container
Corporation, Ground Force Enterprises, and
Stockton Scavengers for Fiscal Year 2023- 24
SUMMARY:

The Legislature of the State of California, by enactment of the California lntegrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management. The process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices.

In an effort to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 ( Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16. 140 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License.

The City' s current industrial solid waste haulers are Delta Container Corporation subsidiary of Allied Waste of San Joaquin County dba Republic Services, Inc.) and Ground Force Enterprises. Staff requests approval of the annual industrial solid waste license renewals for Delta Container Corporation, Ground Force Enterprises and Stockton Scavengers.

BACKGROU N D:

Lathrop Municipal Code 8. 16. 140, Section ( A) requires any company who collects and removes industrial solid waste within the City of Lathrop to apply annually for an industrial solid waste removal license. Lathrop Municipal Code 8. 16. 140 also states that the contractor who provides both residential and commercial waste removal service shall not be required to pay the annual license fee.

Delta Container is a subsidiary of Allied Waste dba Republic Services, Inc., which provides both residential and commercial waste collection service and therefore is not required to pay the annual license fee in the sum of two thousand five hundred dollars ($ 2, 500). However, Delta Container is required to pay the standard eleven percent ( 11%) of their annual gross receipts and $ 92 administration fee, which is set forth by Lathrop Municipal Code 8. 16. 140.

Ground Force Enterprises and Stockton Scavengers do not provide residential waste removal service within the City of Lathrop. Therefore, they are required to pay an 332
CITY MANAGER' S REPORT PAGE 2
MAY 8, 2023 CITY COUNCIL REGULAR MEETING

APPROVAL OF INDUSTRIAL SOLID WASTE LICENSE RENEWAL FOR FISCAL YEAR 2023- 24
annual license fee in the sum of two thousand five hundred dollars ($ 2, 500) and the standard eleven percent ( li%) of their annual gross receipts and $ 92 administration fee, which is set forth by Lathrop Municipal Code 8. 16. 140.

The haulers, Delta Container Corporation, Ground Force Enterprises and Stockton Scavengers, have submitted their annual license renewal application, fee, bonds, insurance, locations serviced, and their financial status report.

REASON FOR RECOMMENDATION:

To continue our efforts to meet the terms of the AB939 legislation, and continue implementing plans for source reduction, reuse, and recycling as part of our integrated waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License renewals for Delta Container Corporation, Ground Force Enterprises and Stockton Scavengers.

FISCAL IMPACT:

Revenue received from these companies will be deposited into the Franchise TaxSolid Waste Industrial revenue account number 1010- 15- 10- 319- 05- 05.

The license administration fee( s) in the sum of ninety- two dollars ($ 92) received from each company will be deposited into Parks, Recreation, and Maintenance Services Administration account number 1010- 30- 01- 341- 01- 01.

The annual license fee in the sum of two thousand five hundred dollars ($ 2, 500) received from Ground Force Enterprises will be deposited into the Franchise TaxSolid Waste Industrial revenue account number 1010- 15- 10- 319- 05- 05.

ATTAC H M E NTS:

A. Resolution to Approve Annual Industrial Solid Waste License Renewal for Stockton Scavengers Association and Delta Container Corporation for Fiscal Year2022- 23
B. Industrial Refuse Collection Application Republic Services dba Delta Container C. Industrial Refuse Collection Application Ground Force Enterprises D. Industrial Refuse Collection Application Stockton Scavengers 333
CITY MANAGER' S REPORT PAGE 3
MAY 8, 2023 CITY COUNCIL REGULAR MEETING

APPROVAL OF INDUSTRIAL SOLID WASTE LICENSE RENEWAL FOR FISCAL YEAR 2023- 24
APPROVALS:
5 . . 2c Z'3
Todd Sebastian Date
Director of Parks, Recreation and
Maintenance Services
53 v
Cari Jam Date
Finance rector
ZOZ3
Salvador Navarrete Date
City Attorney
s •+•z3
Stephen J. Salvatore Date
City Manager
334
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING

ANNUAL INDUSTRIAL SOLID WASTE LICENSE RENEWAL FOR DELTA

CONTAINER CORPORATION, GROUND FORCE ENTERPRISES AND STOCTON SCAVENGERS FOR FISCAL YEAR 2023- 24
WHEREAS, Lathrop Municipal Code 8. 16. 140, Section ( A) requires any company which collects and removes industrial solid waste within the City of Lathrop to annually apply for an industrial solid waste removal license; and WHEREAS, the City' s current haulers are Delta Container Corporation, Ground Force Enterprises, and Stockton Scavengers; and
WHEREAS, Delta Container is a subsidiary of Allied Waste dba Republic Services, Inc., which provides both residential and commercial waste removal service for the City of Lathrop and therefore is not required to pay the annual license fee; and WHEREAS, Delta Container is required to pay the standard eleven percent 11%) of their annual gross receipts and $ 92 administration fee, which is by Lathrop Municipal Code 8. 16. 140; and
WHEREAS, Ground Force Enterprises do not provide residential waste removal service within the City of Lathrop and therefore are required to pay an annual license fee in the sum of two thousand five hundred dollars ($ 2, 500); and WHEREAS, Ground Force Enterprises and Stockton Scavengers are required to pay the standard eleven percent ( 11%) of their annual gross receipts and $ 92 administration fee, which is by Lathrop Municipal Code 8. 16. 140; and WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License renewals for Container Corporation, Ground Force Enterprises, and Stockton Scavengers; and WHEREAS, the following monies received from these companies will be deposited as follows:

Annual gross receipt monies received from these companies will be deposited into the Franchise Tax- Solid Waste Industrial revenue account number 1010- 15- 10- 319- 05- 05;
License administration fee in the sum of ninety- two dollars ($ 92) received from these companies will be deposited into Parks, Recreation, and Maintenance Services Administration account number 1010- 30- 01- 341- 01- 01; Annual license fee in the sum of two thousand five hundred dollars ($ 2, 500) received from Ground Force Enterprises and Stockton Scavengers will be deposited into the Franchise Tax- Solid Waste Industrial revenue account number 1010- 15- 10- 319- 05- 05.
335
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste Licenses renewals for FY 23- 24 with Delta Containers Corporation, Ground Force Enterprises, and Stockton Scavengers. 336
The foregoing resolution was passed and adopted this 8th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
AlTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 337

ATTACH M E NT B
City of q`
Park, Recreation 8 Maintenance Servlces 390 To vnc Ccncre Drive, Lachrop, CA 9533U Phone( 209) 94]- 7370
ww v.ci.lathrop.ca.us
INDUSTRIAL REFUSE C4LLECTION

LICENSE APPLICATION
COMPANY NAME: Republic services
ADDRESS: 1145 W. Charter Way, Stockton CA 95206
PHONE/ FAX 209) 420- 2949!( 209} 465- 0631
EMAIL: FThompson@republicservices. com
Tliefo/lo ving/ iceirse requirenien s are se fortli 6y tlre City ofLa[/crop Alunicipa/ Code, Ti!!e 8 Healt/ r& Safety, Clrnpter 8.16 Garbage Co! lectiori& Disposnl, Sectiou 8.16. 140 Lrdr stria/ Solf f li'aste Removal— Lice ise Required.
cti cK ir

ENCLOSED
PROPOS D CUSTOMERS LiST( Namcs and Addresses): x

SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED NIA TO CITY( See Municipal Code section 8. 16. 140. 2):

NUMBER, KIND, AND CAPACTTY OF VEHICLES AND OTHER EQUIPMENT X Must be in compliance with all applicable air pollution control laws):

ORIGINAL PERFORMANC BOND OR OTH R SECURITY ATTACI-IED($ 25, 000)- x ORMOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
The applicant shall provide proofof financial ability to provide service contemplated by the application)

INSURANCE CERTIFICATE NAMING THE CITY, ITS OFFICES AND EMPLOYEES AS AN ADDITIONAL INSURED x
Sce Municipa! Code section 8. 16. 140. I for Insurance Requirements):

LICENSE FEE ENCLOSED( 52,500) N/A
ADMINISTRATION FEE( S92)
x

Page 1 ends

338
City of 4
Park, Recreation 8 Maintenance ServPces 390 Townc Cencre Drivc, LathroP, Cr195330 Phonc( 209) 941- 7370
u vw.ci.lathrop. ca. us
TYPE OF WASTE REMOVAL SE2VICE:

MSW generated at industrial accounts located in the City of Lathrop.

Tlrefo!!o vi ig defrnitio rs are selforth by t/re City ofLatltrop Mtaticipa! Code, Trtle 8 Healtlr& Safety, Clrapter 8.16 Garbage Co! lection& Dispo. sal, Sectran 8.16.010 ` Yndttstria! solid waste" neans solid waste origi lntir gfron n ccha» ized nanujacturingfaciNties,factories, refrneries mrdprtblicly operated treatnrent works.

APPLiCANT SiGNATURES:
r
4/ 20/23

SIGNATU DATE
Francina Thompson

PRINT NAME
Municipal Manager
T1TL
PROCESSED BY:
2 23

SIGNATURE DATE

MELISSA STATIIAKOPOULOS

MANAGER
PAItKS, RECREATION& MAINTENANCE SERVICES
AP ROVED RY:

S. Z , 23
TODD SEE3ASTIAN DATE

DIRECTOR
PARKS, R.ECREATION& MAINT NANCE S RVICCS

Page 2 ends

339
Name Address

RIVER ISLAND ( TOOL SHED) LAKESIDE & MARINA
WILLIAM ASSAD 15810 HARLAN RD 5
DRAGON ESP PRODUCTS 15700 MCKINLEY AVE
OLD DOMINION ODMOOOSTC 40YD 601 DARCY PKWY
SHERWIN WILLIAMS 8523 3YD 15390 S HARLAN RD
MOBILE MINI 1134 6YD 16351 MCKINLEY AVE
ONE LATHROP ( LATHROP PROPERTY) 16424 S HARLAN RD
KELLY BUSINESS PARK, LLC 91- 201 D' ARCY PKWY
SEGURA& SONS TRUCKING 12796 S HARLAN RD
PREMIER INDUSTRIAL FINISHING 17700 SHIDELER PKWY
CITY OF LATHROP COMM CENTER FL 15557 5TH ST
LATHROP SANDS MOBILE HOME# 2 11550 5 HARLAN RD
BELLAS BAKERY 155 LATHROP RD
LATHROP SELF STORAGE 1644 E LOUISE AVE
BUDS CONCRETE 11145 HARLAN RD
CITY OF LATHROP W/ TREATMENT 18800 CHRISTOPHER WAY
CITY OF LATHRP/ STONEBRIDGE PRK 13400 SLATE ST
SAVE MART# 94 15240 S HARLAN RD
PFLUG PACKAGING 17600 SHIDELER 17600 SHIDELER PKWY
PFLUG PACKAGING 20YRD TRASH 17420 SHIDELER PKWY
CON FAB 1910 LATHROP RD
DAYS INN 14750 S HARLAN RD
DELTA AC SUPPLY 3515 YOSEMITE AVE
BOISE CASCADE BLDG MATERIALS 12030 S HARLAN RD
TOP GUN DRY WALL SUPPLY 15500 MCKINLEY AVE
SUPER STORE/ COMP 2400 E LOUISE AVE
TESLA TRUCK YARD 500 E LOUISE AVE
RSNA TESLA MOTORS INC 701 DARCY PKWY
CHICAGO' S PIZZA 159 LATHROP RD
SUNSET BY: PULTE HOMES 40YRD W 3200 GARDEN FARMS AVE
TRU HOTEL 161 E LOUISE AVE
SUPER STORE INDUSTRIES 16888 MCKINLEY AVE
WESTERN PACIFIC CRANE & EQUIP 1500 MADRUGA RD
TESLA 401 30YD OT 401 NESTLE WAY
LATHROP COMMUNITY APOLISTIC CHURCH 15074 5TH ST
TRU HOTEL 161 E LOUISE AVE
LATHROP WASH & DRY 16460 CAMBRIDGE DR
BORAL ROOFING ROTH RD 342 ROTH RD
LATHROP COMMUNITY CHURCH 937 J ST
GOLDEN VALLEY STORAGE 16000 GOLDEN VALLEY PKWY
NMW/ MOTOR CARGO/ UPS FREIGHT 1444 LATHROP RD
KNIGHTTRANSPORTATION SWIFT 901 DARCY PKWY
GUTHRIE GENERAL INC 901 DARCY PKWY
CBK LATHROP 16948 S HARLAN RD
DE SILVA GATE CONSTRUCTION 550 NESTLE WAY
SIGNATURE HOMES- CARDIFF RIVER 17184 VERMEER CT
340
AMAZON SITE VUJH 11950 S HARLAN RD 11950 S HARLAN RD
CLOROX OVERFLOW FACILITY 619 TESLA DR
TESLA( TEMP WOOD) 700 DARCY PKWY
TOWNE CENTRE- SOUTH SITE 240 TOWNE CENTRE DR
SIGNATURE HOMES 17180 REMBRANDT DR
TESLA- MCKINLEY 15660 MCKINLEY AVE
LEARNING TREE PRESCHOOL 15551 7TH ST
LATHROP FIRE DISTRICT 800 J ST
PENTECOSTAL CHURCH OF GOD 14172 AVON AVE
LATHROP HIGH SCHOOL- YARD WASTE 647 SPARTAN WAY
PETS& PALS 12488 S HARLAN RD
MANTECA LATHROP FIRE DIST# 34 460 RIVER ISLAND PKWY
MANTECA LATHROP FIRE DIST# 31 8001 ST
GIGLICO INC 12333 S MANTHEY RD
KORNHAUSER 1683 E LOUISE AVE
PERFORMANT RECOVERY, INC. 17080 S HARLAN RD
HERITAGE PAPER ( PIONEER) 17740 SHIDELER PKWY
FIRESIDE INN 854 LATHROP RD
D' ARCY BUSI PK COM/ CONDO ASSOC 17320 D' ARCY PKWY
D' ARCY BUS PK COM/ CONDO ASSOCI 17918 MURPHY PKWY
GRACE COMMUNITY CHURCH 850 J ST
LATHROP BUSINESS PARK 16916 S HARLAN RD
LATHROP BUSINESS PARK 16980 S HARLAN RD
HAMPTON INN 103 E LOUISE AVE
MOSSDALE ELEMENTARY SCHOOL 455 BROOKHURST BLVD
THE DOG HOUSE 3221 YOSEMITE AVE
FAST LANE CENTRAL VALLEY 116 ROTH RD
DOT TRUCK SALES 11299 S HARLAN RD
BROWN SAND INC 800 MOSSDALE RD
ROGER AQUINO 11471 S MANTHEY RD
CITY OF LATHROP PUBIIC 1 15445 7TH ST
LUCIA MACHADO 904 O STREET
BARBOSA CABINETS INC. 11900 S HARLAN RD
ROBINSON TRANSPORTATION 4180 NEWTON RD
CHEVRON ( F/ L) 17395 S MANTHEY RD
HOLIDAY INN AND SUITES 15688 S HARLAN RD
CALIFORNIA NATURAL EAST GATE 3 15188 S MCKINLEY AVE
TEAM HEALTH 16974 S HARLAN RD
PETER HOLTZ CPA 210 TOWNE CENTRE DR
TRIAD ADOPTION SERVICES 17259 GOLDEN VALLEY PKWY
PILKINGTON LATHROP 40YD 500 E LOUISE AVE
BERRY PLASTIC 601 TESLA DR
IN N OUT BURGER ( DIST. CNTR) 18240 S HARLAN RD
LATHROP HEAD START 721 THOMSEN RD
TARGET 2347 TGT002347 35YD C 16858 GOLDEN VALLEY PKWY
CREATIVE OUTDOOR ENVIRONMENT 15929 S MANTHEY RD
RIVER ISLAND @ LATHROP 73 STEWART RD
341
RIVER ISL@CONST. OFC/ LAY DWN YD 401 STEWART RD
DELLOSSO FARMS 26 STEWART RD
CAFE PLATANO 14725 S HARLAN RD
VATTADI LATHROP CROSSING, LLC 15362 S HARLAN RD
CBC STEEL 1919 E LOUISE AVE
LOUISIANA KITCHEN 16837 S HARLAN RD
RIVER ISLAND BOAT HOUSE REST. 980 LAKESIDE DR
FLYING J# 101700 345 ROTH RD
SIMWON AMERICA CORP. 400 DARCY PKWY
UNION LOGISTICS 1631 E LOUISE AVE
LA COSTA DE ACAPULCO 16444 CAMBRIDGE DR
RESIDENTIAL DESIGN SERVICES 19105 CHRISTOPHER WAY
LA REINA SUPERMARKET 1357 E LOUISE AVE
RAYMOND HANDLING 19107 CHRISTOPHER WAY
HD LATHROP LLC 16609 S HARLAN RD
SEFNCO COMMUNICATIONS( TRASH) 12687 S MANTHEY RD
TRI- WEST LTD LIMITED 17690 SHIDELER PKWY
AMERICAN RIVER CONSTRUCTION 800 ROTH RD
TACO BELL 16905 S HARLAN RD
FERELLGAS LP DBA BLUE RHINO 12693 S MANTHEY RD
ABSOLUTE VENTURES 15901 6TH ST
THE SHOPS AT LATHROP CROSSING 15382 S HARLAN RD
CHEEMA FREIGHT LINE LLC 16200 MCKINLEY AVE
HALE CONST INC LAY/ DWN YARD 401 W STEWART RD
DARTANO FARMS INC 17270 GOLDEN VALLEY PKWY
QUALITY INN & SUITES 16855 5 HARLAN RD
TESLA LATHROP 20YD RO 501 NESTLE WAY
RIVER ISLANDS BASEBALL CLUB LL 1051 RIVER ISLANDS PKWY
CROSSLINK PRO TAX SOLUTIONS 16916 S HARLAN RD
TESLA- COMPACTOR 17100 MURPHY PARKWAY
SUNRISE TRUCKING INC./ A& A INTE 1850 E LOUISE AVE
ALTO SYSTEMS, INC. 11980 S HARLAN RD
RAVINDER DHILLON 11378 S HARLAN RD
AMAZON DCK1 OFFSITE PKNG LOT 16350 MCKINLEY AVE
ASHLEY FURNITURE DC 0049 40YD 18290 S HARLAN RD
WAYFAIR INC. 5120 GLACIER ST
RIVER ISLANDS- WELCOME CENTER 1401 RIVER ISLANDS
PFLUG PACKAGING 17500 SHIDELER PKWY
SIMWON AMERICA CORP. ( BUILDIN 18231 MURPHY PKWY
ECLIPSE METAL FABRICATION 17700 SHIDELER PKWY
WEST COAST RV& BOAT STORAGE 4052 YOSEMITE AVE
SUNRISE TRUCKING SITE 3 1625 E LOUISE AVE
THE BLESSED KITCHEN 151 LATHROP RD
NMW/ UPS- LATHROP 10634 S HARLAN RD
COMFORT INN 14730 S HARLAN RD
RAFAEL& FRANCES SANDOVAL 15485 7TH ST
STORAGE PRO OR LATHROP# 26 15550 S HARLAN RD
342
AMG RESOURCES PACIFIC CORP. 15332 MCKINLEY AVE
SEVENTH STREET APARTMENTS 16015 7TH ST
O STREET APARTM ENTS 934 O ST
CAMINO REAL MOBILE HOME PARK 15820 5 HARLAN RD

CITY OF LATHROP PARK STONE BRIDGE PARK
MC DONALDS RESTAURANT LATHROP 300 E LOUISE AVE
FOOD 4 LESS LTHP TRASH/ RECYCLE 17935 MURPHY PKWY
HOME DEPOT HMD005363 COMP 40YD 18300 S HARLAN RD
FLEETPRIDE 729 1629 E LOUISE AVE
SWIFT TRANSP 901 DARCY PKWY
UTILITY TRAILER SALES 12608 S HARLAN RD
LATHROP ELEMENTARY 15851 5TH ST
LATHROP POST OFFICE 15529 7TH ST
CALIFORNIA NAT. PROD. ** ADC1** 15789 MCKINLEY( WAREHOUSE) AVE S CALIFORNIA NATURAL PRODUCTS 11518 MCKINLEY AVE
CALIFORNIA NATURAL PRODUCTS 1250 LATHROP RD
CITY OF LATHROP 2112 E LOUISE AVE
CITY OF LATHROP GENERATION CTR 450 SPARTAN WAY
NICKS 76 16500 S HARLAN RD
TESLA 0551 8YD 18260 S HARLAN RD
RUBIK BUILT 18007 MANTHEY RD 4 18007 S MANTHEY RD
TESLA 701 DARCY PKWY 701 DARCY PKWY
CITY OF LATHROP/ WELL 7 40YD GR OFF MC KINLEY COUNTY DIRT RD NMW/ UPS- LATHROP R/ O 501 DARCY PKWY
TESLA 0551 18260 S HARLAN RD
KAISER PERMANENTE- LATHROP 17000 S HARLAN RD
KIPER HOMES BALBOA AT RIVER IS 16243 DUGGAR DR
PFLUG REC COMPACTOR DR# 18 17420 SHIDELER PKWY
TWO GUYS FOOD FUEL 147 LATHROP RD
MANTECA LATHROP FIRE DIST# 35 19001 SOMERSTON PKWY
VEOLIA WATER 18800 CHRISTOPHER WAY
WALGREENS# 10631 14780 S HARLAN RD
GHIRARDELLI 11980 S HARLAN RD
D' ARCY BUS PK COM/ CONDO ASSOCI 401 DARCY PKWY
JOES PLACE 15600 S HARLAN RD
LA CRESCENTA PROP/ LOUISE PLAZA 201 LOUISE AVE
JOSEPH WIDMER MIDDLE SCHOOL 751 STONEBRIDGE AVE
CBC STEEL 1700 E LOUISE AVE
LATHROP HIGH SCHOOL 647 SPARTAN WAY
JACK IN THE BOX# 588 100 E LOUISE AVE
JOHN DEERE LATHROP 17400 SHIDELER PKWY
CITY CONTRACT/ CITY OF LATHROP 390 TOWNE CENTRE DR
BALWANT SINGH SANDHU 2690 W YOSEMITE AVE
OUR LADY OF GUADALUPE 16200 CAMBRIDGE DR
TOTTEN TUBES 15540 MCKINLEY AVE
JH MOTOR SPORTS 14150 5 HARLAN RD
CITY FOOD & LIQUOR 16470 CAMBRIDGE DR
343
HEARTLAND EXPRESS 12550 S HARLAN RD
TEC EQUIPMENT( R/ O) 2050 E LOUISE AVE
NATIONWIDE FLEET 17605 S MANTHEY RD
LATHROP GAS& FOOD INC 140 LATHROP RD
RIVER ISLAND TECH ACADEMY 1175 MARINA DR
EAGLE' S NEST HARLEY DAVIDSON 13900 S HARLAN RD
HIGH FIVE PLAZA, LLC 16925 S HARLAN RD
ORIELLY ORE004719 4YD 15079 S HARLAN RD
DENISE' S FARMER MARKET 950 S MANTHEY RD
SWISS AMERICAN 251 DARCY PKWY
DENNYS RESTAURANT 16851 S HARLAN RD
NEXT GENERATION 18001 COMMERCIAL ST
COLONIAL ENERGY, LLC 192 LATHROP RD
KIWI CRATE INC 11980 S HARLAN RD
TESLA INC MOTORS REC 18250 MURPHY PKWY
ATLAS COPCO 1601 MADRUGA RD
PRATT INDUSTRIES 2131 E LOUISE AVE
SAVE MART CENTER SITE 15010- 18 S HARLAN RD
DONA TERE PERUVIAN RESTAURANT 16438 CAMBRIDGE DR
STARBUCKS 58278 16538 GOLDEN VALLEY PKWY
LATHROP SMOG 15151 S HARLAN RD
LATHROP VETERINARY CENTER 17600 GOLDEN VALLEY PKWY
PANDA EXPRESS 3104 15099 5 HARLAN RD
BURGER KING 22460 15119 S HARLAN RD
NMW/ UPS- LATHROP ( COMPACTOR) 11800 S HARLAN RD
CHIPOTLE# 3535 16542 GOLDEN VALLEY PKWY
CARL' S JR# 7415 200 E LOUISE AVE
HEALTH SERVICES BENEFIT ADMIN 16960 S HARLAN RD
KFC# 219 ( LEHA 219 INC) 150 E LOUISE AVE
CITY OF LATHROP SENIOR CENTER 15567 5TH ST
KABARITI AM- PM MINI MARKET 85 E LOUISE AVE
CLOROX 11950 S HARLAN RD
KAREN MEYER 947 H ST
344
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May 3, 2022
FedEx Priority Ovemight
Diven 1' rasad
ltepublic Services
ii45 West Chartcr Way
Stocltton, CA 95206
9i6-585- i889
R: Upcoming Rcncwals
Dear Diva d:

Please find enclosed your rene val documcnts for the following hottd( s). You wilI need eo send tliese ori,qinal dncuinen s to lhc re,spectiue Obligee at our eurlicst convenieiice:

Bond suh. i
y
Principai Obligcc Dcmd Dcscription Bond Amount
Nwnbcr Namc
92908G342 42U7 Lathrop City Of Lathrop Solid Wustc liandling nnd 25. UOO. i) 0 Sunrisc Hauling
Sanit tion
C i < ir.dion
Should you req aire ftu-ther assistance or if you have ny questions, pleasc do nc t hesitate to contact me at 2o6- 73i- i2ao or at. vnbcr. engcl t usi. c m.

Sinrercly,
I>' I'
Ainber ngel
SuretyAccount Manaber
Surety Services
ro• crty< x Ct sualty • LfT1f IC1/ Ce L'enefits • Pcrsonal flisk • i ctirenu:nt Cc nsuitinq Tf,: usi orvE d,, t:
348
CONTeIVUATION CERTIFICATE
The Western Surety Company ( hereinafter called the Surety) hereby contiriues in force its Bond No. 929086342 in the sum of Twenty Five Thousand Dollars and 00/ 100 ($ 25,000.00) Dollars, on behalf of Lathrop Sunrise Sanitation Corporation in favor of City Of Lathrop for Solid Waste Hadling and Hauling subject to all the conditions and terms thereof through 30th Oay of 1une, 2023 at location of risk.

This Continuation is executed upon the express condition that the Surety' s liability shall not be cumulative and shall be limited at all times by the amount of the penalty stated in the bond.

IN WITNESS WHEREOF, the Surety has caused this instrument to be si ned by its duly authorized Attorney-in- Fact and its corporate seal to be hereto affixed this 3rd Day of May, 2022.

Western Surety Company
Surety
6Y: _ / U.,_ CL'.' L:: i
i-r
Zl l-.

Debbie Lindstrom, Attorney- in- Fact
a' VR rC°
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a` If OnK R
WNmN M
349
Western Surety Company
1' UR'ER OI A'CTORNEY APPOINTINC INDIVIDUAL A7" 1' U[t'V Y- IN- CACT KIIQN' AII' l•O II' TIINSC I'rrsculx. 71 at W fiSTGRN tiURETY('( 741PAN1'. a kiwb( lakola coqwratYon. i. a July Ofl.,71017C1I i111/) l`\1,4I10 Cl)f lUfJ IOII t:lY10t,',Il3 fltlkl J U tl'C IO I IC Ctl)' 4) I SIUIIX F:III.: IOI SI:IIL• Uf SUOI I: I:/ 1U1.: lOtl fll:ll Il lIOCS hY\ 9RUl• OI IMC l(; IIAILLfC 301I Sl'AI I1C[ CIII: II71CBlI Ill'fCby m: kc. constitutc and appuim
Ucbbic Lindstrom, lndividually
ul'. SeatUe,/// rtv Inu nnd lawlul Allurncyl+ l• in• Pntl vith lidl xi cr: mJ nud unly hcnby cuulcrrcJ to slgn. cal uoJ cxc. uic fiir wid nn ilx: half lwnd., und nakings und uthcr obligutury inxtnnucnts ul' similar n;uiu.

In Uulimitecl Amow tsSarccy Boad No.: 929086342
i ri« c p i: Lathrop Sunrise Sanitation Corporation
onii c: Ciiy Of Lathrop
and to bind it thcrc y as ti lly nnd io thc c mc c uut as il' auch inswmcros ccre sign Y1 hy n July authari rJ ofliecr nl' hc cur rnlion nnd oU thc ncls of said Auomcy. pursu m lo thc nutl ority hcrcby Eti rn, arc hcreby r:itilicd anJ confinncd.

I'his Pmtrr oFAllomcy is madc aixl caccurcd p usuant to and by authority ofthc liyI. w pnmccl an thc rcvcrsc hcrcoY, duly adoptcd, ax inJitatcd, hy thc shrrchuldccs of Ihc cor wr:+liva.

In 1\' Itncss\ Yl crcof, W[: STIiRN SURIiI' 1' CO\ 1PANY hax cauccd ihesc prcscnts n bc signcd by its Virr Prcsidcnt and its coq+omtr scal m hc hc c o aliircd m Ihis 1 tiih day N" Jmic, 2021.
pµcryc
WLS' I' GItN 5UI2CTY CUMI ANY
t` vo;°
i
srn/:
r
fM aul' 1'. Ilmtlat. Vicc Prcsidcm
S1atc of South Uakota
FC
Cuuuty of Alinnrhu6a
On this I bth Js y ol Junc. 021. Ixli,rc mc xnonally cnnm 1' nul' 1'. 1lrullat. n mc Imo n.' hi, Iking by me duly s v m. JiJ dcTM sc nnd say: ih hr residns in thc Ci y ol' Siiu Palls. Sl: tc of Suud Daf.uta: Ihat 6n i Ihr Vicr P raiJrnt of IYt:SI' iiRh SURtS' 1' Y COMNANY Jcncrilxtil in: md hich c. ccmnl thc ahovc inslrumcnt: that hc kno c.c Hic scal of wiJ mqx+ratian; that thc xcal nlliscd to Ihc sa d msuumrnt is such corpormc scal; hat It cas so aflircd punuant lo aulhori y ivcn by thc Honrd of Dircclore of saiJ coq oraliun: md Ibat hc x gntJ hi namc thcrcto pursuam io fike authi rity. nnd uckno i Jgcs samc w tx thc act: uid dc w1 of: id cutpvr.tiun.
ly wmmisxiun cxpirc> M. BEN7
NOU1R' YOLK
i " swm a o r• s
11arch 2. 20Z6

1. Ilcn4 Nocap' Puhlic
CF.RTIFICATF:

1. L Nclxm. Assn ant Srcretnry ul' WGSTE3RN SUNl: 7' Y C0 1P. NY du hcrcby crAd' y d at Ihe Pw Yr ol' Allumcy herrinabuvr rt li rth++ Iill in torcr. and tunhcr ccnity thac chc tly- Lan of ihc corpuration pnni vl on thc rcvcac hcrcof s still in torec. In tcscimony vhcrcof 1 havc hcrcunto subscrilxYl uq' t18t l•:IIUT AI 1\ CtI II1C SC: d nf thc raid cur xttuliu i liis 3fd Jay of May, 2022.

S"'="' WGS' 1' I: RN SURETY COMPANY
r,Q o POq, ° f. tr,
Sf' V v
oW°,
Fonn Fa:& a7-: o12 L. I clson. Assisttun Secrclary
Go to www. cnasu etv.co r > Owner/ Obligee Services> Validate Bond Coverage, If you want to erify bond authenttclty. 350
uthoricin li•- L:++
ADOPTrD B1' THE SHAR MOLD[: RS OF WC;STC'RN SURETY COMPANY Chis Po+• cr ul' AUorncy is madc and r ccu J pursuan to and by auU ority of Uic fi llo ti ing liy- l. aw duly adoptcd by lhe sharcholdcrs otthc Cumpany.

Scctian 1. All honds, policics. imdcrtakin4s. Po vc. ol' Anorncy. or Mlicr obliga ions of lhc co or.iticro shall Ur cxccut Yl in Ihc corpor.uc namc uf thc Comp:„ y ny thc Presidcnt. Sccrcuiry. anJ Assistant Scrretary. Trcasurcr. or any Vicc Presidrnt, ur by such othcr ofticcrs as thc Ilo:ud if 1) irccinr: may autlioriza ' fhc I' retiident, any Vicc 1' recidcnt. Sccretnr•. ciny Assistant S« rclarp, ur thc' I' rcasurrr may appainl Atlomcys in ract ur agrnt+ ho shail havc auth rity to isxuc lxmdx, policics, or undcrtakings in thc namc of thc Company. 1' hc cuq oratr seul i nul nrcrss: ry tiir Ihe vnlidit ul' nnp bund, pulicics. wiJcttakings. Pu errs ut' Altut7tey ur other ubligatiuus af thc co wratiun. ' 1' hc signaturc ul' any surh ulliccr: mJ thc curpuralr acal nw bc printrd liy tao imilc. 351
AC Page 1 of 4

DATE( MM/ DD/ YYYY)
CERTIFICATE OF LIABILITY INSURANCE os 3o zoZz
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsement s .

PRODUCER CONTACT NAME:

CANNON COCHRAN MANAGEMENT SERVICES, INC.
17015 N. SCOTTSDALE RD. PHONE( A/ C No. Ext): FAX( A/C No.Ext):

SCOTTSDALE, AZ 85255 E- MAIL ADDRESS: certificateteam ccrosl. com INSURER S AFFORDING COVERAGE NAIC#
iNsurtert a: ACE American Insurance Co. 22667
INSURED NsurteR e: Indemnit Insurance Co. of North America 43575 REPUBLIC SERVICES, INC. iNsurtertc: ACE Fire Underwriters Insurance Co. 20702 18500 N. ALLIED WAY iNSUReR n: Illinois Union Insurance Com an 27960 PHOENIX, AZ 85054 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 2142466 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

TYPE OP INSURANCE
ADDL SUBR pOLICY NUMBER POLICY EFF POLICY EXP LIMITS

LTR INSD WVD MM/ DDIYYYY ( MM/ DD/ YWY)
A
X COMMERCIAL GENERAL LIABILITY HDO G47331067 06/ 30/ 2022 06/ 30/ 2023 EACH OCCURRENCE 5, 000, 000

CLAIMS- MADE X OCCUR DAMAGE TO RENTED
PREMISES( Ea occurrence)
5, 000, 000
MED EXP( Any one person)
PERSONAL& ADV INJURY 5, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC
GENERAL AGGREGATE 15, 000, 000
PRODUCTS- COMPIOP AGG 15, 000, 000
OTHER:

A
UTOMOBILE LIABILITY ISA H1073261A 06/ 30/ 2022 06/ 30/ 2023 COMBINED SINGLE LIMIT X ANY AUTO Ea accident)
10, 000, 000
x
OWNED AUTOS SCHEDULED BODILY INJURY(Per person)
ONLY AUTOS BODILY INJURY( Per accident)

X HIRED AUTOS NON- OWNED

ONLY AUTOS ONLY PROPERTY DAMAGE
Per accident)

UMBRELLA LIAB OCCUR EACH OCCURRENCE

EXCESS LIAB CLAIMS- MADE GGREGATE
DED RETENTION$
ORKERS COMPENSATION WLR C50702145- AOS ' 06/ 30l2022 06/ 30/ 2023 X PER B

ND EMPLOYERS' LIABILITY

Y N N A
WLR C5070192A- MA/ OR 06/ 30/ 2022 06/ 30/ 2023

STATUTE
OTHER
A
NY PROPRIETOR/ PARTNER/ EXECUTIVE SCF C50702182- WI 06/ 30/ 2022 06/ 30f2023 E. L. EACH ACCIDENT 3, 000,000 C FFICER/ MEMBER EXCLUDED? WCU C50702273- OH XS O6/ 30/ 2022 06I30I2023 E. L. DISEASE- EA EMPLOYEE $ 3, 000,000 q Mandatory in NH)
TNS C68991171- TX NS/XS 06/ 30/ 2022 06I30/2023 E. L. DISEASE- POLICY LIMIT 3, 000, 000 p If yes, describe under
DESCRIPTION OF OPERATIONS below
ESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Division Number: 4207- Named Insured Includes: Lathrop Sunrise Sanitation Corporation- Dba: Allied Waste Lathrop Sanitation Services

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lathrop
ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25( 2016/03) The ACORD name and logo are registered marks of ACORD 352
AGENCY CUSTOMER ID:

LOC#:

ACOR ADDITIONAL REMARKS SCHEDULE P 9e2of4

AGENCY NAMEDINSURED
REPUBLIC SERVICES, INC.

POIICY NUMBER 18500 N. ALLIEO WAY
See First Page PHOENIX, AZ 85054

CARRIER NAIC CODE
See Fifst Page EFFECTIVE DATE:

ADDITIONAL REMARKS CERTIFICATE NUMBER: 2142466
THIS ADDITIONAI REMARKS FORM IS A SCHEDULE TO ACORD FORM.

FORM NUMBER: 25 FORM TiT E: CERTIFICATE OF LIABILITY INSURANCE The following provisions apply when required by written contract. As used below, the term certificate holder also includes any person or organization that the insured has become obligated to include as a result of an executed contract or agreement.

GENERAL LIABILITY:

Certificate holder is Additional Insured including on- going and completed operations when required by written contract.

Coverage is primary and non- contributory when required by written contract.

Waiver of Subrogation in favor of the certificate holder is included when required by written contract.

AUTO LIABILITY:

Ce tificate holder is Additional Insured when required by written contract.

Coverage is primary and non- contributory when required by written contract.

Waiver of Subrogation in favor of the certificate holder is included when required by written contract.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY:

Waiver of Subrogation in favor of the certificate holder is included when required by written contract where allowed by state law.

Stop gap coverage for ND and WA is covered under policy no. WLR C50702145 and stop gap coverage for OH is covered under policy no. WCU C50702273, as noted on page 1 of this certificate.

TEXAS EXCESS INDEMNITY AND EMPLOYERS LIABILITY:

Insured is a registered non- subscriber to the Texas Workers Compensation Act. Insured has filed an approved Indemnity Plan with the Texas Department of Insurance which offers an alternative in benefits to employees rather than the traditional Workers Compensation Insurance in Texas. The excess policy(# TNS C68991171) shown on this certificate provides excess Indemnity and Employers Liability coverage for the approved Indemnity Plan.

Contractual Liability is included in the General Liability and Automobile Liability coverage forms. The General Liability and Automobile Liability policies do not contain endorsements excluding Contractual Liability.

Separation of Insured( Cross Liability) coverage is provided to the Additional Insured, when required by written contract, per the Conditions of the Commercial General Liability Coverage form and the Automobile Liability Coverage form.

Additional Insured includes: City of Lathrop, iYs Officers, Officials, Employee and Volunteers, when required by written contract.

The ACORD name and logo are registered marks of ACORD
353
Pa e3of4
1 POLICY NUMBER: HDO G47331067 Endorsement Number: 12

COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - 4WNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Location( s) Of Covered Operations Or Organization( s):

Any Owner, Lessee ar Contractor whom you have All locatians where you are performing operations for agreed to include as an additional insured u der a
such additional insured pursuant to any such written
written contract requiring CG201Q{ 0704), pro ided contract. such contract was executed prior to the date of
loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) or additional insureds, the following additional excluorganization( s) shown in the Schedule, but only sions apply:
with respect to liability for " bodily injury", " proe dama e" or " This insurance does not apply to " bodily injury" or p rly g personal and advertising property damage" occurring after: illjury" CauSed, in whoie or in part, by: 1. All work, including materials, parts or equip1. Your acts or omissions; or ment furnished in connection with such work,

2. The acts or omissions of those acting on
on the project( other than service, maintenance
your behalf; or repairs) to be performed by or on behalf of the additional insured{ s) at the location of the
in the performance of your ongoing operations covered operations has been completed; or for the additional insured{ s) at the location( s)
2, designated above. That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor ar subcontractor
engaged in performing operations for a principal as a part of the same project.

CG 20 10 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 354
Pa e4of4
1 POLICY NUMBER: HDO G47331067 Endorsement Number: 17

COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITfONAL INSURED - OVVNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance pro ided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person{ s)
Or Or anization s : Location And Descri tion Of Com leted O erations Any Owner, Lessee or Contractor whom you have A{I locations where you are perfoRning work for such agreed to include as an additional insured under a additional insured pursuant to any such written written contract requiring CG2037( 0704), pro ided contrdct. such contract was executed prior to the date of loss.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section 11 — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but on y with
respect to liability for" bodily injury" or" property damage" caused, in whole or in pa t, by " your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the " producfs- completed
operations hazard".

CG 20 37 07 04 O ISO Prope ties, Inc., 2004 Page 1 of 1 355

ATTAC H M E NT C
City of
Park, Recreation 8 Maintenance Services 390 Towne Centre Drive, Lathrop, CA 95330 Phone( 209) 941- 7370
www.ci.lathrop.ca.us

INDUSTRIAL REFUSE COLLECTION

LICENSE APPLICATION
COMPANY NAME: Ground Force Enterprlses
ADDRESS: 6021 Grassland Drive, Castro Valley, CA 94552
PHONE/ FAX 510- 512- 6055
EMAIL: offJce@groundforceenterprlses. com
The following license requirements are set forth by the City ofLathrop Municipal Code, Title 8 Health& Safety, Chapter 8.16 Garbage Collection& Disposal, Section 8.16.140 Inslustnial SQlid Waste Removal— Li ense Required.

CHECK IF

ENCLOSED
PROPOSED CUSTOMERS LIST( Names and Addresses): X
SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRES3ED X TO CITY( See Municipal Code section 8. 16. 140.2):

NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT X Must be in compliance with all applicable air pollution control laws):

ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED($ 25, 000) - X ORMOST RECENT FINANCIAL STATEMENT AND/ OR AUDIT
The applicant shall provide proof of financial ability to provide service contemplated by the application)

INSURANCE CERTIFICATE NAMING THE CITY, ITS OFFICES AND EMPLOYEES

AS AN ADDITIONAL INSURED X
See Municipal Code section 8. 16. 140. I for Insurance Requirements):

LICENSE FEE ENCLOSED($ 2, 500) X
ADMINISTRATION FEE($ 92) X

Page 1 ends

356
City of.

Park, Recreation & Maintenanee Services 390 Towne Centre Drive, Lathrop, CA 95330 Phone( 209) 941- 7370
www.ci.lathrop. ca.us
TYPE OF WASTE REMOVAL SERVICE:

Solid Waste Collectlon and Hauling
Thefollowing definitions are setforth by the City ofLathrop Munieipal Code, Title 8 Health& Safety, Chapter 8.16 Garbage Collection& Disposal, Section 8.16.010 " Industrial solid waste" means solid waste originating from meehanized manufaeturing facilities, faetories, re neries andpubliely operated treatment works.

APPLICANT SIGNATURES:
f- .
4-17-2023

SIGNATU DATE
Silvia Teixeira

PRINT NAME
Director of Operatfons
TITLE
PROCESSED BY:
28 23

GNATURE DATE

MELISSA STATHAKOPOULOS

MANAGER

PARKS, RECREATION& MAINTENANCE SERVICES
APP OVED BY:

2. 23

TOD SEBASTIAN DATE

DIRECTOR

PARKS, RECREATION & MAINTENANCE SERVICES

Page 2 ends

357
Ground Force Entc rprises
Profit & Loss
January tiirough Decomher 2Q21
Jan- Dcr; 21
Oniin ry Incomol[ xpcnsa
Incoato
Snlas 5. 6f(3244 22
Totnl Income 5. 6Gfl2A4 22
Cost ol GooJs Sold
MAterials
Concreto A2, 338A0
Plants d Trees 1, 224 71
Sod 75, 000. 00
tllaterials- Other 43, 948 17
Total Matarials 102, 610 QII
Subcontractors 195, 030. 00
Total COGS 2fl7, 540 88
Gross Profit 5, 870, 703 3A
Expenso
Equipmont Rentai 38, 416 07
Hauling 1, G14, 572. 46
Penally 1, 219. 01
Dump Feos 1. At39, 416 81
Advertising 391. 08
Automobilc Expanso 238, 36522
Equipment in transit 72. 600.00
bank Charges 789.41
insuranco Expcnso
Umbrclln 784.76
Auto 66, 470.G5
Employee Life 14, 9 3 20
Uabiiily 32,693.08
Workers' Comp 57, 409. 28
Total Insurance Expense 174, 336 97
Intorest Expensc 33,649.91
Payrolt
Wages 552, 997. 19
Payroll Taxes 37G, 095. 72
Payroll servicc q. 294.90
Total Payroll 934. 1 f37. 81
Licenses zg, gg_ g
Offica Supplics 1F, 107 87
ProfossionalFees
Accounting 13, J58 75
Design t, a00. 00
Legai 8, 31 G. GS
ToL I Profession l Fees 24. 075 43
Rent Expenso 16, 200. 00
Repairs and Muinten nce 39, 737. J9
Small Tools 5 Ot19 J3
Taxes
IRS I. 027. 95
Total T xes 1, 027 35
Teleplione Expense 504 05
Utilities 4 iU232
Tolal Expense A, 731, 170. 0
Net Ordinary Income G39. 532 45
Pago 1
358
DATE( MM/DD/YYYY) A CERTIFICATE OF LIABILITY INSURANCE 04/ 17/ 2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR AI,TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( fes) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certiflcate does not confer rights to the ceRiflcate holder in Ileu of such endorsement( s.

PRODUCER C NTAC Jessica Martin
McDermott- Costa Co., IfIC.

NAME:
1045 MacArthur Blvd.

PHONE , ( 510) 351- 7460 ac No:
510) 357- 3230
San Leandro, CA 94577 nooRess: jessicam@mcdermottcosta. com INSURER S AFFORDING COVERAGE NAIC#
wsuReRn: Associated Industries Insurance Company, Inc. 23140 INSURED Garden of Eden Landscape Ground Force Enterprises INSURER B: Ufllt@fJ F111811CI8I C8SU8Ity CO 11770 6021 Grassland Drive
iNsuReRc: Ohio Security Insurance Company 24082
Castro Valley, CA 94546
iNsuReR o: StarStone Specialty Insurance Company 44776
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

INSR
TypE OF INSURANCE
D S 8 POLICY EFF POLICY EXP

LTR POLICYNUMBER MM/ DD MM D LIMRS
A
I / COMMERCIALGENERALLIABILITV y y AES122423300 06/ 01/ 2022 O6/ 01/ 2023 EqCHOCCURRENCE $ 1, 000, 000 CLAIMS- MADE ', . OCCUR PREM SES Ea oxurrence S 1 OO, OOO MED EXP( An one person $ 5, 000
PERSONAL& ADV INJURV $ I, OOO, OOO
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Z,OOO, OOO POLICY. I: JECT LOC PRODUCTS- COMP/OP AGG $ 2, 000, 000 OTHER: S
B
AUTOMOBILELU161LITY y y
02183661- 2 06/ 01/ 2022 06l01/ 2023 EaaocideD SINGLELIMIT y Q00, 000
ANY AUTO BODILY INJURY( Per pewon) $
f OWNED ; SCHEDULEO
AUTOS ONLY ,,,__,; BODILY INJURY( Per accldenQ $ AUTOS
HIRED NON- OWNED PROPERTY DAMAGE s
AUTOS ONLY : AUTOS ONLY Per acadeM
a
UMBRELLAUAB '{^ OCCUR 89706Q230ALI 01/ 18/2023 O6/ 01/ 2023 Ep,CH OCCURRENCE a 5, 0, 00

FJ( CESS LIAB CLAIMS- MADE AGGREGATE S, OOO, OOO
DED : RETENTION$
C WORKERSCOMPENSA7ION
y XWS( 24) 58 03 31 92 01/ 01/ 2023 01/ 01/ 2024 ;' PER OTHAND EMPLOYERS' LIABLL. ITY STATUTE f ! ER OFFICE R/ MEM EREJ( CLU ED9ECUTIVE
Y
N/ A
E. L. EACH ACCIDENT $ 1, 000, 000
Mandalory In NH) E. L. DISEASE• EA EMPLOYEE S 1, 000, 000 Ifyes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES( ACORD 101, Additlonal Remarks Schadule, may be aHached if more space Is required) City of Lathrop, its Offices and Employees are included as an additional insured and primary, non- contributory on the General and Auto Liability. Waiver of Subrogation applies to General Liability and Workers Compensation.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN City of Lathrop ACCORDANCE WITH THE POLICY PROVISIONS.
390 Towne Centre Drive,
Lathrop, CA 95330 AUTHOR¢ ED REPRESENTATIVE
L. c I lo C J'
O 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD 359
A Rt7
EI TIFtCATE QF LIABILITY INSURANCE
T' u°°` Y rm
csr,s o22
THt& CERTiFiCATE 3S tSSUED AS A MATfER qF tNF RMA71 K ONLY AND COPIFERS NO RIGH1" S UPON THE GER? I ICATE H pLDER. ' fH18 CERI3FICATE DQ S IVQT AFFIRflAATtV£ Ll' OR NEGATIVEi, Y AMEND. ExTEiVO OR AL'fER 7FiE COVERAGE AFFQRDEl3 8Y THE PC7LiC1E5 SELOW. ' MiS C RT3FIGATE O IN$ URANCE DOES N07 CONS7'! 7U' fE A COt17RAC' f BE' FWEEN ' CHE I$ SUING tNSLfl2ER( 5), AUTFE RIZ O kEPRESEKTATIVE OR PRQ UCER, AiVD THE CER' EIFICRTE NqLDER l IPOfiTANT: If the cerGflcate hoider is an AD[] i'!'IONA! ENSU£ tEO, the policy( fes} musi have ADDI' F' IONAL ITlSURED provisions or be enr3orsed. ff SiJ ROGA' r'I N tS WAIV CI, subject tp the t rma end cpnditiaas af the policy, certain poficies msy require an endoraemont. A atatemeat an this certif3cat0 does Aoi conter ri his to Me certificate holder in lfeu of suth endarsemen s. rrxaouccrt A
NAME: Pr re iv Re ial Lirt s C er Aa n Sani in
i icCierm. H-Cosia Co. fnc.
104 fJEAChI: Tt JR£fE.YD, SAN LEP. t1DR0, C 57' N : 1- 44-44 7 FAI
EaVtA( L
AUDRESS: arpyrB.: SiveGvmmerGlolCcamqil. pipgrggsivg. cpm IH8l/i2ER 8} AfFpRD2Np GOYER+ 40E NAIC B
Ik URtItA: JnitP.dFin tici. it;ta ' 0 1977Ci
iNSURED
f6 SUiiER 8:

GARDE OF EDENLANt SCAPE5INC 0& A: GROUiJD FORCE ENFERPRISES S+J23 Gr'L4S5LAND ORIVE INSURER C;
CAS7R0 VALtEY, CA, i455' NJVRCtt U;
lFfStlRER E:
iMSURER F:

COVERAGES CEFtTIFiGATE NiiAABER: 2d9555 24839311051 06152272718t E REVISiq IdtfMBEK:

YHIS ! S i 0 f: Ett) 7PY iTiA7 ' 1? iE uL'LICtES UF INSUFCANCE L! 5'l. D HtLU4V Y3AVE BEEN ISSL EI! ! O ft1E i1V5UitEi1" 7AN'iEi At3UV FCF:" fHE W: 211CY NEKtJD tN01CA' FEL. NOTUUI' tIiSTAN fNG ANY REQU1REtYtElvi', TERM OR CONDlTiQN pF ANY CON7RACT OR Q7HER DOCUAiENT UYI' 3'! E RSSPECT TC1 1' HICH TWIS C[ Rl' tFi A7L- A4AY CiE ISSUED pR . r1Y PL-RTAIN, TfiC INSUf2AlvG[ AFFpRO[ D DY THE i' pLIG1E$ DC$ Gft13C-D fiEt2EtN E$ SUBJEGT TO ALL TItE ' f RlJIS, 7CF: LJSIUh$ ANU CUNuf 1' IUNS UF 5UCH i' ULtL'iES. LfA4ft5 5H'aVJN MAY NAVE[ 3EEtv( i£Ut1CtG EiY PAID CLAIA4S.

I IN8l4 AUt) L 5UB POLii: Y EFF POLK: Y£ JIP
7YPE OF fN& 31R14NCG cp yyyp POLICY NUMOER DI D YYYY L1MtT$ C MA4ERCIA GEN@iiAl LiABiLITY ERGH QGGUftP.ENt.E
vR'
CtAtA+S• a4A0E Q OGGUF it ai! E a, ur2:t
WtELt E%fi!! v e son
PEP. SC SAL 8 AOU NJURY
IaENLAGGRE- AYE LIM37 APPUGS PEFt:

GENEFAt. l.t`,CCRFfATF.

PP' ( PROQUCTS- C A FICF AGG
POLtCY JEC7 f LCC
OTHL-R: S
f,OMFfIDlEC1 SiMGLE Ufii T
A!} TOeAOBIL. ELSA8ILlP! Ea rSaf+( S W7, Of10
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p p
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i A AllTOS ONIY X ' IfT S N M1i 02 R3 1: Uf'Gli2( 1Z? ^ Cv'Q7l2. 2"u $( biLY i4UURY par eccider;t I i Y2ED ON- O YNCD
AUTOS ONL' PUTOS OlJLY P s accldsnU
6 IiMSRELLA UAS OCCUR EAGn! iI;GUCtRENCE $
ExC 55L1A8 CLAISI• WthU
TGGREGl:TE
UED RET} T10N S S
WOIt9fE123 COMAENSA710N
AMD EA1pL0YERS' ilA81t. RY Y1
AtvYPROpRiE70R! pARSMER+ EXECUTIV[ n a

1. rACH ACGL Ek# $
bFF1i;ER+'AtEMSEP, EXCLUaS? i. J
jLAanda4ory in IdH E. l. 7 EJ 6c E C6AF OY[
1f yes. deecri6e undar
c . 6.t.fltSE1.SE- POLtCY LlMt? $
DESCRtPTS6N OF OTERATiQM9/ LOCAiiONS 1 VEHfCLES( ACQRO 7Ri, AddiUOnn2 Rernarke SchedWe mey Ge etleahed it more speoe is raquirod) CERT# ICATE NOL R CANCELtAT1E} N
5H011l. D ANY OF THE A801fE[} ESCRIBEQ POLICIES 8E CANCELLEQ B£ fQRE fN XPlKA' EIQN A' f ' i'N Ii t P. NOt1C Witt B O LfV R b tk GiTY OF LATHROP ACGQRDAIdCE WI3H i'NE POLlCY PROYISIONB. 390' fOVs' A1 f.EN7RE DftfVE
iLA7HR, f.t10.5 00
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r/
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r
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1 F
AGEHCV NA# 160ikSUREti
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SC21 GRASSLIIi i QRIVE
0228363t2
CAS732G V{ LL l. l Qd552
CdRR1ER tJAIC CObE
United fin nclel Gas Go 117i0 EfFECTt11E DATE nC+;Q'! tZE122 AbDI' f' I NAL REMRftKS
THIS QDbiTEONQL REMARKS FORM} S A SGHEDULE 1' 0 ACORt3 FQRM, p ryg: 25 ap: Cefiticate of tiabi3itv lnsurance
AddEtfonaE Cov2rages
tnsarance eaveragaSs t3m#ts
Uriinsured: Undcrinsured Niotorfs[................ 51, 0OO,ODD Coriibtned SfrrgEe Limit...........,.......,...................,..............................,............. es ription of LccatienNeE icl$slSpeciai Iter s
Schaduind 3utos only
2U10 Kt'J' f84 9NKDWOX5AJ272183
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2009 LOAi31' TF2AILEi dZEDT9029417258 7
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Collision UUO Ued w14Uaiv r
4592 LOGAtJ TRAtLER 1X4AF2192tVA0084d8
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E: ollision UI30 ded wlV laiver
200 FiAi. PJlilRlf` PFiA( LER 1665 38
Comprehensive 1, OOD Ued
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20D5 P, 3` i'Rk1LER dPSD' T' 1d2949G6275
Comprehensive ffi2, 4(10 Ued
CoEEision OQO Ded a M ah er
20Q2 CFiEVROLE7' 350 ill'3504. 2 4K8B4Bi 1Z82. 3803a81........ . l;omprehensive 3, uUD Ded
COIIISIOf3 34U i d v. M sk er
2Q48 K NUI+ORTW TA3Q 1NKZLPDX5JJ218692
Camprei ensive 4, d00 bed
Go! lisicxi OOa Ded w/Waivs c
2{ 712 FDRt3 F350' 3FTSW38T? CCEC2fi5P'!
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r, F s a, oao osa rw3 ve
2U19 KENWUit' f'M' 1' 8 U' 1 iJKLLHOX5K, 3343708
Gomprel ensive i, 000 becl
Gu3lisio QO Ded vsrlWaiver
Z030 NUiV ObV EO ATTAGHEt1 TF2LR NUlVE
1989 FORD F350 1F7' VJX33 8XEC8t5Q3
Cornprahensive QRC Ded
ColEision t, OQO Ded wrWaiver
2020 ICENN10RTri T88t1 tNKZLPOJC2L. l423 58
Comprehensive 000 Ded
Coliision 1, OQU Deci w! Vl aiver
243i! NUN Ul+' lEVEU A i' i'AC3 EEU' EKLK NU1VE
2f.301VON WE iE G,i`TliCHE!] 7`l2Li7 EVO tE
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E; o3lision fJ{ 30 ped wMlaivEr
361
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LWY]
iy wf`! A4'/
NSRdwp'.
lp', IQ

WAIVER OF SUBROGATION ENDORSEMENT
This endorsement modifies insurance provided under the follawing:

Commercial Auto Palicy
Motor Truck Cargo Legal Liability Coverage Endorsement
Commercial General Liability Coverage Endorsement
We agree to waive any and all subrogation claims against the person or organization designated below.

CITY OF LATHROP
390 TOWNE CENTRE DRIVE
LATHROP, CA 95300
This endorsement applies to Policy Number: Q2 I$ 3661
Issued to: GARDEN OF EDEN LANDSCAPES INC
Endorsement Effective: 06/ 01/ 2022 Expiration: d6/ 15/ 2023 All other terms, limits and provisions of this poliry remain unchanged.

Form 8610( 02/ 19 IVLCL
362

ATTAC H M E NT D
d'
I
1 City of
Park, Recreattfln Maintenance Services 39(" I owae Centre Drive, Lachrop, G19S330 Phone( 20`I} 941- 37d
ww v.ci.lathrop. ca. us
INDUSTRIAI. REFUSE COLLECTION

LICENSE APPLICATIUN
C MPANY NAME:
f
c%- a w S
ADDRESS: T`
C )
FHON/ AX f? ' 2--- _.__......._.....,__,
EMAIL: C ,.-..

Tlrefatlowing Ircense requirenrents ure setfon/t by t/re City ojLatlxrop Municipal Code, Titte 8 Health& Sufety, Cl:apter 8. 16 Garbnge Cnllec ion c c Dispasal, Sectian 8. 16.14Q Indusiria! S li! Wnste Renxaval— License Required
CH1 CK IF ,
ENCLOSED +
PROP45ED CUSTt} MERS LIST{ Names and Addresses): G'_...._._..._.__ SIGNED STATEMENTS FROM NEW 1NDUSTRIAL CUSTOMERS ADDR SSED TO CITY( See Municipal Cade section 8. 16. 140. 2): p +"?""'' y.i ,
NUMBER, KIND, AND CAPACITY OF VEHIC ES AND OTHER EQUIPMENT 1 j*
Must f.- be in compiiance with all applicable air poilutian control laws): O flRIGINAL PERFORMANCE BOND OR O" HER SECURtTY ATTACHED($ 25, 000)- URM( ST RECENT FINANCLAL STATEN( ENT ANDIUR AUDIT
The applicant shatl provide proof nf financiai abiliry to provide service contemplated by the applicatian)
INSUF ANCE CERTIPICATE NAMING THE C1TY, 1TS OFFICES AND EMALOYEES r AS AN ADDITIONAL INS[ JRED C'
See Municipal Code section $. 56. 140. I for Insurance ltequirements):

LICENSE FEE ENCLOSED($ 2, 500)
ADMINISTRATION FEE( 92)
Pc ge 1
363
i
City af
Park Recreatton 8 Maintenance ServJces 390 Towne Cencre Drive, Lathrap, CA 95330 Phone( 2Q9) 941- 737Q
www. ca. lathrop. ca. us
TYPE C3F WASTE REMOVAL SERVICE:
j r /' c" l,
TJre fo!lowing defrnitions are set fort/i by t/ae City ajLat/ trap Mu ricipal Code, Title 8 Healtly d'c Safety, Clrapter 8.16 Garbage Co!lection& Disposal, Section 8. 16. 01 " Industrial salid waste" n eans solid wasle originating from nrecJra: ized nranufacturrng facilities, factnries, refi series and publ cly aperated treutment warks.

APPLICANT SIGNATURES:
f
d
S14.i;tATURE DATE
Q r /- !'
t/ '.

PRINT NAME
T,._tr._,, m...

TITLE
PROCESSED BY:
l
l/ k\-` x.v Zi 7

S NATURE DATE
MEL[ SSA STATHAKUPQULQS

MANAGER

PARKS, RECREAT( ON& MAINTENANCE SERVICES
APP OVED BY:
m___ H_....
s 23
I"( D 5EB TIAN ATB

DIRECT( R

PARKS, RECREATEUN & MAINTENANCE SERVICBS

Page 2 ends

364
LathropCustlnfo( 2)
CUSTOMEF COMPNY CUSTOMEF SERVICE_ NM HOUSE# SERVICE STREET NM SERVICE CITY NM 0 529 605 J R SIMPLOT CO- TRASH 16777 HOWLAND RD LATHROP O 529 607 CARPENTER COMPANY( TRASH) 17100 S HARLAN RD LATHROP O 529 608 SWISS AMERICAN SAUSAGE COMP 251 D' ARCY PKWY LATHROP O 529 609 DAIMLER CHRYSLER- TRASH 18260 S HARLAN RD LATHROP 0 529 614 CARPENTER COMPANY( WOOD) 17100 S HARLAN RD LATHROP 0 529 615 CARPENTER COMPANY( OCC) 17100 S HARLAN RD LATHROP O 529 616 CARPENTER COMPANY( PLASTIC) 17100 S HARLAN RD LATHROP O 529 617 HERITAGE PAPER 11964 S HARLAN RD LATHROP
O 529 618 CARPENTER COMPANY( METAL) 17100 S HARLAN RD LATHROP 0 529 619 PILKINGTON 500 E LOUISE AVE 10 LATHROP
C 529 620 AQUINO FARMS 11401 S MANTHEY RD LATHROP
C 529 1072 1 R SIMPLOT CO 16777 HOWLAND RD LATHROP
O 529 622 CHRYSLER- CARDBOARD COMPACTOR 18260 S HARLAN RD LATHROP O 529 623 CHRYSLER- TRASH 18260 S HARLAN RD LATHROP
C 529 625 J R SIMPLOT AGRIBUSINESS RCY 16777 HOWLAND RD LATHROP O 529 626 J R SIMPLOT AGRIBUSINESS WOOD 16777 HOWLAND RD LATHROP O 529 627 AMCOR PET PACKAGING 401 NESTLE WAY LATHROP
O 529 1997 NORCAL COMMUNICATION& CONSTRU 3091 YOSEMITE AVE LATHROP 0 529 2124 LANDSCAPE DEVELOPTMENT 418 COLONIAL TRL LATHROP C 529 629 E R CARPENTER CO 17100 S HARLAN RD LATHROP

Page 1 ends

365

NATIONAL GUARANTY INSURANCE COMPAIVY OF VERMONT
100 BANK STREET, SUITE 630 BURLINGTON, VT 05401
Memorandum
I I': May 2, 2023
TO: Waste Management
Attn: Derek Fujii
8491 Fruitridge Rd.

Sacra.mento, CA 95826
FR: Brandi Guthrie
Insurance Officer
Bond No. LB03- 0549- TX— Stockton Scavenger
Enclosed please find the renewal document for the above referenced bond. This document has been executed at your request for the June 30, 2022 to Ju.ne 30, 2023 & June 30, 2023 to June 30, 2024 terms.

Please forward the ariginal to the Obligee and retain a copy for your files.

If you have any questions or need further assistance, please contact Diana Seng, Dixector of Treasury and Financial Assurance at( 713) 265- 1322 or Dseng@wm. com.

Enclosures
366
NATIC} NAL GUARAPITY INSUR ANCE COMPANY OF VERM NT
100 BANK STREET, SUITE 630 BURLINGTON, VT 05401

EXTENSION CERTIFICATE
To be filed with the Obligee)
License/ Permit Bond
Bond Number: LB03- 0549- TX
To be attached to Bond described below, executed by National Guaranty Insurance Company of Verrnont as Surety:

PE INCIPAL: Waste Management of California, Inc.

OBLIGEE: City of Lathrop
DESCRIPTION: Industrial Refuse Collection
Said Principal and said Surety hereby agree that the term of said bond is extended from the 30th day of June, 2023 to the 30' day of 3une, 2024 subject to all other provisions, conditions and limitations of said bond, upon the express condition that Surety' s liability during the original term of said bond and during any extended term shall not be cumulative and shall in no event exceed the amount of Twenty Five Thousand and 00/ 100 -- -- - - - - -- - - ---($ 25, 000. 00}.

Signed, sealed and dated this 2° d
day of May 2023.

Jdaste Man gement of California, Inc.

By:_
Je ey Koch, Attorney- In-Fact
National Guaranty Insurance Company of Vermont
syj 'B: aiidi Uutk rie, Attorney-In-Fact
367

ACKNOWLEDGEMENT BY SURETY

STATE OF VERMONT

COUNTY OF CHITTENDEN
On this 2° d
day of Ma, , 2023, before me Paula Klu o a notary public in and for the State of VERMON'I with principal office in the County of CHITTENDEN residing therein, duly commissioned and sworn, personally appeared Brandi Guthrie known to me to be the attorney- in-fact of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same.

In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written.

Nota ublic in and for the State of Vermont
My commission expires O1/ 31/ 2025

ACKNOWLEDGEMENT BY PRINCIPA
Notary Pt lic State ot Vermont
Paula Mow an Klupo
STATE OF VERMONT My Gomm. Expfres 01/ 31/ 2025
Commissio n
COUNTY OF CHITTENDEN No. 1570014515*
On this 2" d
day of May, 2023, before me Paula Klu o a notary public in and for the State of VERMONT with principal office in the County of CHIT"TENDEN residing therein, duly commissioned and sworn, personally appeared Jeffrey Koch, known to me to be the attorney- in-fact ofthe corporation that executed the within instrument, and acknowledged to me that such corporation executed the same.

In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written.

Notary Public in and for the e of VermonC
My commission expires 01131/ 2025
Notary Pubilc 5tate of Vermont
Paula Morgan Klugo
My Comm. Expires 01131/ 2ft25
Commission
No. 1 57001 451 5*
368

NATIONAL GUARANTY INSURANCE COMPANY ' JF VERMONT
100 BANK STREET, SUITE 630 BURLINGTON, VT 05401

EXTENSTON CERTIFICATE
To be filed with the Obligee)
License/ Permit Bond
Bond Number: LB03- 0549- TX
To be attached to Bond described below, executed by National Guaranty Insurance Company of Vermont as Surety:

PRINCIPAL: Waste Management of California, Inc.

OBLIGEF.: City of Lathrop
DESCRIPTION: Industrial Refuse Gallection
Said Principal and said Surety hereby agree that the term of said bond is extended from the 30th day of June, 2022 to the 30th day of June, 2023 subject to a11 other provisions, conditions and limitations of said bond, upon the express condition that Surety' s liability during the original term of said bond and during any extended term shall not be cumulative and shall in no event exceed the amount of Twenty Five Thousand and 00/ 100 - - - - - -- - -- - - - - - ($ 25,000.00).

Signed, sealed and dated this 2° d
day of May 2023.

Vaste N an gement of California, Inc.

By:

Jeff ey Koch, Attorney- In-Fact
National Guaranty Insurance Company of Vermont
y,
5':----
ra,rdi U athrie, Attorney- In- Fact
t
V
369
ACKNOWLEDGEMENT BY SUI2ETY

STATE OF VERMONT

COUNTY OF CHITTENDEN
On this 2°a
day of May, 2023, before me Paula Klur o a notary public in and for the State of VERMONT with principal office in the County of CHITTENDEN residing therein, duly commissioned and sworn, personally appeared Brandi Guthrie known to me to be the attorney- in- fact of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same.

In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written.

Notary Public in and for the State af Verrnont
My commission expires Ol/ 3I/ 2025
Noiary Public Sta#e of Vermont
ACKNOWLEDGEMENT BY PRINCIPAL Paula Morgan Klugo
My Comm. Expires 01/ 31/ 2025
Commtssion
STATE OF VERMONT No. 1570IJ14515

COUIVTY OF CHITTENDEN
On this 2" d
day of Mav, 2023, before me Paula Klugo a notary public in and for the State nf VERMON"f with principal office in the County of CHITTENDEN resid'rng therein, duly commissioned and sw rn, personally appeared Jeffrey Koch, known to me to be the attorney- in-fact ofthe corporation that executed the within instrument, and acknowledged to me that such corporation executed the same.

In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. 1Votary blic in and for the State of Vermont
r ien+ tic_.... My commission exp es$—
b t ry Publtc State of Vermont
Paula Morgan Klugcr
s y Comm. Expires 01/ 31/ 2025
Commission
Na. 157 14515*
370
r.K.. F t TTORNEY
KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and each of its direct and indirect majority owned subsidiaries( thc" WM Entities"), have constituted and appointed and do hereby appoint Peter 5nell, Brandi Guthrie, Brett Belt, Michael Batsimm, Jeffrey Koch, and Nancy Madden of Aon Insurance Managers( USA) Inc., each its true and lawful Attorney- in- fact to execute under such designation in its name, to affix the corporate seal approved by the WM Entities for such purpose, and to detiver for and on its behalf as surety thereon or otherwise, bnnds of any of the following classes, to wit:

1. Surety bonds to the United States of America or any agency thereof, and icasc and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other bady ar organization, public or private.

2. Bonds on behalf of WM Entities in connection with bids, proposats or contracts.

The fvregoing powers granted by the WM Entities shali be subject to and conditional upon the written direction of a duly appointed officer af the applicable WM Entity( or any designee of any such officer) to execute and deliver any such bonds.

The signatures and ttttestations of such Attorneys- in- fact and the seal of the WM Entity may be affixed to any such bond, policy or to any certificate relating thereto hy facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be vatid and binding upon the applicahle WM Entity when so affixed.
iN WITNF:SS WHEREOF, the WM Entities have caused these presents to be signed by the Vice President and Treasurer and its corporate seal to be hereto af xed. This pawer of attorney is in effect as of I---`.- Z' 2023.

Witness: 4n behalf of Waste Management, Inc. and
each of the othe WM Entities
es ie Nagy
Vice President and Treasurer
371

POWER OF ATTQRI EY
KNUWN ALL MEN BY THESE PRESEtVT'S that the National Gnaranty Insurance Company of Vermont, 100 Bank Street, Suite 630, Burlington, Vermont Corporatian ( the" Corporation"). has constituted and appointed and does hereby constitute and appoint Peter Snel1, Brandi Guthrie, Brett Sett, Michael Batsimm, Jeffrey Koch, and Nancy Madden of Burlingtotr, Verm nt, each its true and lawful Attorney- in-fact to exerute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit:

1. Surety bonds to the United States of America or any agancy thereof, including tease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any Statc, City, Town, Village, Board or any other body or organization, public or private.

2. Sonds on beha(f of cvntractors in connection with bids, proposats or contracts.

3. tnsurance policies and Certificates of Insurance related to financia) assurance for closure, past-closure and/o corrective actian obligations.

T'he foregoing powers granted by the Corporatian shall be subject to and conditional upon the written direction of any officer( or any designee af any sueh officer) to execute and deliver any such boncis.

The signatures and attestations of such Attorneys- in- fact and the seal of the Corporation may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, poticy or certificate bearing such iacsimile signatures ar facsimile seal shall be valid and binding upan the Corporation when so af xed.

IN WITNESS WHEREOF, the Corparation has caused these presents tv be signed by the President and its corporate seal to be hereto uffixed. This power of attorney is in effect as of u._. 2023.

Witness: NATIUNAL GUARANTY INSURANCE

COIVIPANY OF VERMQN' I'
j
l
r,
Diana Seng Leslie Nagy
Secretary President
Revised 03/ 2$/ 23
372
e CERTIFICATE OF LIABILITY INSURANCE

DATE( MMIDD/ YYYY)
1/ 1/ 2024 12/ 7/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER LOCKTON COMPANIES CONTACT
NAME:
3657 BRIARPARK DRIVE, SUITE 700 PHONE Fnx
HOUSTON TX 042 E
CnNo Ext: AIC No:
866- 260- 3538 ADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC#
iNsuReR n: Indemnit Insurance Co of North America 43575

INSURED
WASTE MANAGEMENT HOLDINGS, INC.& ALL AFFILIATE NSURER B: ACE ATIICTICBII I11SUT811Ce COTIl 2T1 22667 1300299
LATED& SUBSIDIARY COMPANIES INCLUDING: iNsuRea c: ACE Fire Underwriters Insurance Com an 20702 STOCKTON SCAVENGERS iNsuRert o: ACE Property and Casualty Insurance Company 20699 1240 NAVY DRIVE
STOCKTON CA 95206
WSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 11291846 REVISION NUMBER: XXXXXXX

INSR
TypE OF INSURANCE

ADDL SUBR POLICY EFF POLICY EXP

LTR INSD WVD POLICY NUMBER MM/ DD/ YWY MM/ DD/ YYYY LIMITS

COMMERCIAL GENERAL LIABIIITY
B X Y 1' HDO G72955924 1/ i/ 2023 1/ 1/ 2024 EACH OCCURRENCE S OOO OOO

DAMAGE TO RENTED
CLAIMS- MADE OCCUR PREMISES Ea occurrence $ S OOO OOO
X XCU INCLUDED MED EXP( Any one person) $ XXXXXXX
X ISO FORM CGOOOI 0413 PERSONAL& ADV INJURY $ S OOO OOO GEN' L AGGREGATE LIMIT APPLIES PER: GENER4L AGGREGATE $ G OOO OOO POLICY jE LOC PRODUCTS- COMP/ OP AGG $ O OOO OOO
OTHER:

AUTOMOBILE UABILITY Y Y MMT H2SS S39H 1/ 1/ 2023 1/ 1/ 2024 COMBINED SINGLE LIMIT $ Ea accident 1 Q
X
ANY AUTO BODILY INJURY( Per person) $ XXXXXXX
X AUTOS ONLY AUTOSULED BODILY INJURY( Per accident) $ XXXXXXX X
AUTOS ONLY XAU TOS ONLY Per a cRdn
DAMAGE

XXXXXXX
X MCS- 90 XXXXXXX
D X
UMBRELLA LIAB X pCCUR Y Y XEUG2 929242 OOH 1/ 1/ 2023 1/ I/ 2024 EACH OCCURRENCE IS OOO OOO

EXCESS LIAB CLAIMS- MADE AGGREGATE S OOO OOO
DED RETENTION$ S XXXXXXX
WORKERS COMPENSATION 1, PER OTHA AND EMPLOYERS' LIABILITY WLR C70311094 AOS I/ UZO23 I/ UZO24 X STATUTE ER

B ANY PROPRIETOR/ PARTNER/ EXECUTIVE
Y N WLR C O3I IOS AZ, A RC MA I/ UZOZ3 1/ I/ ZO24

C OFFICER/
E. L EACH ACCIDENT 3 OOO OOO MEMBEREXCLUDED? H A SCFC 311136 1 I/ I/ ZO23 / UZO24 Mandatory In NH) E. L. DISEASE- EA EMPLOYEE $ 3 OOO OOO If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 3 OOO OOO g EXCESS AUTO Y Y XSA H25575350 1/ 1/ 2023 1/ U2024 COMBINED SINGLE LIMIT L IA B 1 LITY 9, 000, 000

EACH ACCIDENT)
DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be altached if more space is required) BLANKET WAIVER OF SUBROGATION[ S GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED ON ALL POLICIES( EXCEPT FOR WORKERS' COMP/EMPLOYER' S LIABILITY) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. ADDITIONAL INSURED IN FAVOR OF CITY OF LATHROP( ON ALL POLIC[ ES EXCEPT WORKERS' COMPENSATION/ EL) WHERE REQUIRED BY WRITTEN CONTRACT.

CERTIFICATE HOLDER CANCELLATION See Attachment

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 11291846 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD 373
Attachment Code: D462684 Certificate ID: 11291846
POLICY NUMBER: HDO G72955924 Endorsement Number: 39

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - ( Form B)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE
Name of Person or Organization: CITY OF OAKLAND AND ITS COUNCIL MEMBERS, DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES.

If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED( Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of" your work" for that insured by or for you.

CG 20 10 li 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 374
375
ITEM 4. 19

CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AUTHORIZE ADJUSTMENT TO THE REPUBLIC

SERVICES SOLID WASTE COLLECTION RATES FOR
FISCAL YEAR 2023- 2024
RECOMMENDATION: Adopt Resolution Authorizing an Increase to Republic Services Collection Rates Based on the
Consumer Price Index for San Francisco- OaklandSan Jose for All Urban Consumers for Fiscal Year 2023- 2024
SUMMARY:

The City of Lathrop is responsible for the collection and the transport of solid waste within City limits. Since 2003, the City has contracted for these services with Lathrop Sunrise Sanitation, now doing business as Republic Services. The Agreement between the City of Lathrop and Republic Services allows for an annual rate adjustment based on the Consumer Price Index for All Urban Consumers ( CPI- U) for the San Francisco- Oakland- San Jose, California area, not to exceed 4%.

On March 22, 2023, Republic Services submitted their annual CPI- U adjustment for commercial and residential rates. The current index is 5. 3% for the upcoming fiscal year beginning July 1, 2023 and is above the maximum threshold established in their contract of 4%. The annual CPI- U increase of 4% would apply to all customer classes.

As part of the established consumer rates, Republic Services collects a franchise fee from all customers to cover the cost of state mandated solid waste outreach.

Franchise fees are remitted to the City and staff uses those funds to maintain compliance with state regulations.

If approved, this item will adjust the annual CPI- U by 4% for the upcoming fiscal year beginning July 1, 2023 in accordance with the contract terms.

BACKGROUND:

The Lathrop Municipal Code Section 8. 16. 090 gives the City the exclusive right and duty to collect and transport solid waste or provide for the collection and transportation thereof within the City limits under such terms and conditions, as it deems necessary for the public health, safety and well- being, and it may contract for the provision of those services.

On October 21, 2003, City Council approved an Agreement between the City of Lathrop and Lathrop Sunrise Sanitation ( Agreement), now doing business as Republic Services, to provide the necessary collection, transportation and disposal of solid waste generated within the City limit and for compliance with the source reduction and recycling elements of the City' s Waste Management Plan. 376
CITY MANAGER' S REPORT PAGE 2
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
REPUBLIC SERVICES CPI- U ADJUSTMENT FOR FY 2023- 2024
On June 2, 2009, City Council approved Amendment No. 1 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2014.

On June 2, 2014, City Council approved Amendment No. 2 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2019.

On June 10, 2019, City Council approved Amendment No. 3 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2024.

Section 26 of the Agreement provides that collection rates shall be reviewed annually and adjustments to the maximum solid waste collection rates is to be based on the Consumer Price Index for All Urban Consumers ( CPI- U) for the San FranciscoOakland- San Jose, California area, not to exceed 4%.

Seniors citizens currently receive a 25% discount.

On March 22, 2023, staff received a request from Republic Services to adjust their commercial and residential rates. The proposed 4% increase is based on the annual CPI- U 5. 2% percentage change over the last year, ending February 1, 2023. The increase would apply to all customer classes effective on July 1, 2023. 377
CITY MANAGER' S REPORT PAGE 3
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
REPUBLIC SERVICES CPI- U AD7USTMENT FOR FY 2023- 2024
The rate request is as follows:

STANDARD RESIDENTIAL RATES:
r
Small - 30 al 37. 17 38. 66 1. 49
Medium - 60 al 40. 04 42. 02 1. 62
Lar e - 90 al 45. 46 47. 28 1. 82
SENIOR RESIDENTIAL RATES:
r - i ' • .

Small - 30 al 27. 66 28. 77 1. 11
Medium - 60 al 29. 71 30. 90 1. 19
Lar e - 90 al 33. 53 34. 87 1. 34
MOBILE HOME/ TRAILER PARK R.4TES:
r r r a - r ' . t
Small - 30 al 31. 08 32. 32 1. 24
Medium - 60 al 31. 69 32. 96 1. 27
Lar e - 90 al 36. 46 37. 92 1. 46
SENIOR MOBILE HOME/ TRAILER PARK RATES:
t
Small - 30 al 23. 32 24. 25 0. 93
Medium - 60 al 23. 74 24. 69 0. 95
Lar e - 90 al 27. 16 28. 25 1. 09
COMMERCIAL RATES - CURRENT RATES:
1 Cu. Yd $ 93. 88 $ 143. 08 $ 192. 23 $ 241. 34 $ 290. 51 100 Ibs. 2 Cu. Yd $ 120. 70 $ 185. 41 $ 254. 66 $ 314. 87 $ 379. 58 200 Ibs. 3 Cu. Yd $ 153. 03 $ 244. 54 $ 352. 78 $ 481. 53 $ 610. 39 350 Ibs. 4 Cu. Yd $ 190. 99 $ 314. 87 $ 486. 23 $ 657. 69 $ 826. 00 400 Ibs. 5 Cu. Yd $ 236. 41 $ 454. 20 $ 671. 99 $ 889. 77 $ 1, 080. 79 600 Ibs. 6 Cu. Yd $ 280. 30 $ 546. 92 $ 813. 88 $ 1080. 79 $ 1, 347. 75 650 Ibs.

L . Cart $ 37. 85 N/ A N/ A N/ A N/ A N/ A
378
CITY MANAGER' S REPORT PAGE 4
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
REPUBLIC SERVICES CPI- U ADJUSTMENT FOR FY 2023- 2024
COMMERCIAL RATES - PROPOSED RATES:
a
1 Cu. Yd $ 97. 64 $ 148. 80 $ 199. 92 $ 250. 99 $ 302. 13 100 Ibs. 2 Cu. Yd $ 125. 53 $ 192. 83 $ 264. 85 $ 327. 46 $ 394. 76 200 Ibs. 3 Cu. Yd $ 159. 15 $ 254. 32 $ 366. 89 $500. 79 $ 634. 81 350 Ibs. 4 Cu. Yd $ 198. 63 $ 327. 46 $ 505. 68 $ 684. 00 $ 859. 04 400 Ibs. 5 Cu. Yd $ 245. 87 $ 472. 37 $ 698. 87 $ 925. 36 $ 1124. 02 600 Ibs. 6 Cu. Yd $ 291. 51 $ 568. 80 $846. 44 $ 1124. 02 $ 1401. 66 650 Ibs.

L . Cart $ 40. 00 N/ A N/ A N/ A N/ A N/ A
Weights in excess of these maximum amounts per bin per pick up will be charged an additional $ 8. 00 per extra 100 pounds.

FISCAL IMPACT:

No fiscal impact at this time. However, pursuant to Section 27 of the Agreement between the City of Lathrop and Lathrop Sunrise Sanitation, now doing business as Republic Services, and Lathrop Municipal Code Section 8. 16. 180, Republic Services shall remit to the City of Lathrop a Franchise Fee of seven ( 7%) percent and a AB939 Recycling Fee of three ( 3%) percent of the gross revenue collected within ten ( 10) days following the completion of each calendar month.

ATTAC H M E NT:

A. Resolution Authorizing an Increase to Republic Services Collection Rates Based on the Consumer Price Index for San Francisco- Oakland- San Jose for All Urban Consumers for Fiscal Year 2023- 2024
B. Letter from Republic Services dated March 22, 2023
379
CITY MANAGER' S REPORT PAGE 5
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
REPUBLIC SERVICES CPI- U ADJUSTMENT FOR FY 2023- 2024
APPROVALS:
23 To Sebastian Date
Director of Parks, Recreation
Maintena e Services
o,
Cari James Date
Finance Di ctor
C/ Z6 ` r.. z3
Salvador Navarrete Date
City Attorney
s•z•z3
Step en J. Salvatore Date
City Manager
380
RESOLUTION NO. 23 —

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING AN INCREASE TO REPUBLIC SERVICES COLLECTION RATES BASED ON THE CONSUMER PRICE INDEX FOR SAN FRANCISCO- OAKLANDSAN JOSE FOR ALL URBAN CONSUMERS FOR FISCAL YEAR 2023- 2024 WHEREAS, on October 21, 2003, City Council approved an Agreement between the City of Lathrop and Lathrop Sunrise Sanitation ( Agreement), now doing business as Republic Services, to provide the necessary collection, transportation and disposal of solid waste generated within the City limit and for compliance with the source reduction and recycling elements of the City' s Waste Management Plan; and WHEREAS, on June 2, 2009, City Council approved Amendment No. 1 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2014; and
WHEREAS, on June 2, 2014 City Council approved Amendment No. 2 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2019; and
WHEREAS, on June 10, 2019, City Council approved Amendment No. 3 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2024; and
WHEREAS, Section 26 of the Agreement provides that collection rates shall be reviewed annually and any adjustments to the maximum solid waste collection rates is to be based on the Consumer Price Index for All Urban Consumers ( CPI- U) for the San Francisco- Oakland- San Jose, California area, not to exceed 4%; and WHEREAS, on March 22, 2023, staff received a request from Republic Services to adjust their commercial and residential rates pursuant to Section 26 of the Agreement, summarized above; and
WHEAREAS, senior citizens currently receive a 25% discount; and WHEREAS, the current index is 5. 3% for the upcoming fiscal year beginning July 1, 2023 and is above the maximum threshold established in the contract of 4%; and
WHEREAS, as part of the established consumer rates, Republic Services collects a franchise fee from all customers to cover the cost of state mandated solid waste outreach and franchise fees are remitted to the City and staff uses those funds to maintain compliance with state regulations; and
WHEREAS, pursuant to Section 27 of the Agreement between the City of Lathrop and Republic Services and Lathrop Municipal Code Section 8. 16. 180 Republic Services shall remit to the City of Lathrop a Franchise Fee of seven ( 7%) percent and 381
a AB939 Recycling Fee of three ( 3%) percent of the gross revenue collected within ten ( 10) days following the completion of each calendar month; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby authorizes, pursuant to Section 26 of the Agreement, and pursuant to Lathrop Municipal Code Section 8. 16. 170, the City' s franchised solid waste hauler shall not be permitted to charge fees any higher than specified for each customer type listed:

The rate request is as follows:

STANDARD RESIDENTIAL RATES:
r • - e '
s
Small - 30 al 37. 17 38. 66 1. 49
Medium - 60 al 40. 04 42. 02 1. 62
Lar e - 90 al 45. 46 47. 28 1. 82
SENIOR RESIDENTIAL RATES:
i
Small - 30 al 27. 66 28. 77 1. 11
Medium - 60 al 29. 71 30. 90 1. 19
Lar e - 90 al 33. 53 34. 87 1. 34
MOBILE HOME/ TRAILER PARK RATES:

Small - 30 al 31. 08 32. 32 1. 24
Medium - 60 al 31. 69 32. 96 1. 27
Lar e - 90 al 36. 46 37. 92 1. 46
SENIOR MOBILE HOME/ TRAILER PARK RATES:

Small - 30 al 23. 32 24. 25 0. 93
Medium - 60 al 23. 74 24. 69 0. 95
Lar e - 90 al 27. 16 28. 25 1. 09
382
COMMERCIAL R.4TES - CURRENT RATES:
a
1 Cu. Yd $ 93. 88 $ 143. 08 $ 192. 23 $ 241. 34 $ 290. 51 100 Ibs. 2 Cu. Yd $ 120. 70 $ 185. 41 $ 254. 66 $ 314. 87 $ 379. 58 200 Ibs. 3 Cu. Yd $ 153. 03 $ 244. 54 $ 352. 78 $ 481. 53 $ 610. 39 350 Ibs. 4 Cu. Yd $ 190. 99 $ 314. 87 $ 486. 23 $ 657. 69 $ 826. 00 400 Ibs. 5 Cu. Yd $ 236. 41 $ 454. 20 $ 671. 99 $ 889. 77 $ 1, 080. 79 600 Ibs. 6 Cu. Yd $ 280. 30 $ 546. 92 $ 813. 88 $ 1080. 79 $ 1, 347. 75 650 Ibs.

L . Cart $ 37. 85 N/ A N/ A N/ A N/ A N/ A
COMMERCIAL RATES - PROPOSED RATES:
1 Cu. Yd $ 97. 64 $ 148. 80 $ 199. 92 $ 250. 99 $ 302. 13 100 Ibs. 2 Cu. Yd $ 125. 53 $ 192. 83 $ 264. 85 $ 327. 46 $ 394. 76 200 Ibs. 3 Cu. Yd $ 159. 15 $ 254. 32 $ 366. 89 $ 500. 79 $ 634. 81 350 Ibs. 4 Cu. Yd $ 198. 63 $ 327. 46 $ 505. 68 $ 684. 00 $ 859. 04 400 Ibs. 5 Cu. Yd $ 245. 87 $ 472. 37 $ 698. 87 $925. 36 $ 1124. 02 600 Ibs. 6 Cu. Yd $ 291. 51 $ 568. 80 $ 846. 44 $ 1124. 02 $ 1401. 66 650 Ibs.

L . Cart $ 40. 00 N/ A N/ A N/ A N/ A N/ A
Weights in excess of these maximum amounts per bin per pick up will be charged an additional $ 8. 00 per extra 100 pounds.
383
The foregoing resolution was passed and adopted this 8t'' day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 384
Attachment B
R7 REpvei c .

SERVlCES
Sustainability in Action
March 22, 2023
Teresa Vargas
Ciry of Lathrop
390 Towne Centre Dr.

Lathrop, CA 95330
Dear Ms. Vargas,
Pursuant to Section 26 of the" Agreement Between the City of Lathrop and Lathrop Sunrise San( tation Corporation" the collection rates shall be reviewed annually during the month of May and adjusted effective July 1. The agreement allows for an adjustment based on the prlor year change in the Consumer Price Index for the San Francisco-Oakland-San Jose, all urban consumer as publfshed by the United States Department of Labor, Bureau of Labor Statistics. The change in the CPI for the period February 1, 2 22, through February 1, 2023 was 5. 396. Per Section 26" Any CPI rate adjustment in any given year shall not exceed 446:' Therefore, the calculation of the change in CPI rate adjustment for the prior year has been adjusted to 496.

Attached please find the proposed new collection rates effective July 1, 2023, with the 446 P rate adjustment. Thank you for the continued confidence in Republic Services of lathrop, as always, we wiil continue to strive to provide professional solid waste services. Should you have any questions, please do not hesitate to cal) me at( 209) 547- 7531.

Sincerely,
Republic Services of Lathrop
Kevin Basso
General Manager
Enclosure
1145 W Charter Way, Stockton, CA 95206 Republic5ervices. com Environmental 5ervices, Recycling& Waste 385
R7 REpvec ca
sFRvlcFs
Lathrop Sunrise Sanitation Rates Effective 7/ 1/ 22 (Current) 2 YD 120. 70 185. 41 254. 66 314.87 379. 58
i
4 YD 190. 99 314. 87 486. 23 657. 69 826. 00
1 i
6 YD 2$ Q. 30 546. 92 813, 88 1, 0$ 0. 79 1, 347. 75
11 Residential Service Weekiy Recyciing and Green Waste 60 gatlon 40. 40 29. 71 31, 69 23. 74
Lathrop Sunrise Sanitation Rates Effective 7/ 1/ 2023
2 YD 125. 53 192, 83 264. 85 327, 46 394. 76
1 4 YD 19$. 63 327. 46 505. 68 664. 00 859. 04
Y 291. 51 568. 80 846. 44 1, 124, 02 1, 401. 66
Residential Service Weekly Recycling and Green Waste
60 gallon 42. 02 30. 90 32. 96 24. 69
1 •, •
Wcights in exccss nf thcse maxirrrurn arnounts per bin per pick t. p will Ue ch< rged an addrtrona!. f1. 00 per extra 900 poun s. 386
R'
REPve c
SERVlCES
Republic Services
Residential Rate Adjustment
Effective July 1, 2023
Current
Monthly Rate New Rate Eff
Service Category ( 2022) 4% CPI 7/ 1/ 2023
Residential
30 Gallon 37. 17 1. 49 38. 66
60 Galton 40. 40 1. 62 42. 02
90 Gallon 45. 46 1. 82 47. 28
Senior Citizens
30 Gallon 27. 66 1. 11 28. 77
60Gallon 29, 71 1, 19 30. 90
90 Gallon 33. 53 1. 34 34. 87
MHP/ Trailer
30 Gallon 31. 08 1, 24 32. 32
60 Gallon 31. 69 1. 27 32. 96
90 Gallon 36. 46 1, 46 37. 92
MHP Senior
30 Gallon 23. 32 0. 93 24. 25
60 Gallon 23. 74 0, 95 24. 69
90 Gallon 27. 16 1. 09 28. 25
387
C
REPUBL/ C"

SERVICES
Republic Services
Commercial Rate Adjustment
Effective luly 1, 2023
Current
Monthly Rate
5ervice Category ( 2022) 4% CPI New Rate Eff 7/ 1/ 23
1 yard
1M' eek 93. 88 3. 76 E97. 64
2/ VVeek 143. 08 5. 72 148. 80
3/ Ih'eek 192. 23 7. 69 199, 92
4/ Week 241. 34 9. 65 250.99
5/ Week 290. 51 11. 62 5302. 13
2 yard
1/ Week 120. 70 4. 83 125. 53
2/ Week 185, 41 7, 42 192. 83
3/ Week 254. 66 $ 10. 19 5264. 85
4/ Week 314. 87 $ 12, 59 5327. 46
5/ Week 379. 58 $ 15. 18 5394. 76
3 yard
1/ Week 153. 03 6. 12 5159. 15
2/ YUcek 244. 54 9. 78 254. 32
3/ Week 352. 78 $ 14. 11 3366. 89
4/ Week 481. 53 $ 19. 26 500. 79
5/ Week 610. 39 $ 24. 42 5634. 81
4 yard
1/ Week 190. 99 7. 64 198. 63
2/ Week 314. 87 $ 12. 59 5327. 46
3/ Week 486. 23 $ 19. 45 505. 68
4/ Week 657. 69 $ 26. 31 5684. 00
51Week 826, 00 $ 33. 04 859. 04
5 yard
1/ Week 236. 41 9. 46 5245. 87
2/ Week 454, 20 $ 18. 17 5472. 37
3/ Week 671. 99 $ 26. 58 5698. 87
4/ Week 889. 77 $ 35. 59 925. 36
5/ Week $ 1, 080. 79 $ 43. 23 51, 124. 02
6 yard
1/ Week E280. 30 $ 11. 21 291. 51
2/ Week 546. 92 $ 21. 88 568.80
3/ Week 813. 88 $ 32. 56 846. 44
4/ Week $ 1, 080. 79 $ 43. 23 51, 124. 02
5/ Week $ 1, 347. 75 $ 53. 91 1, 401. 66
90 Gailon
1/ Week 40. 00 1. 6D 41. 60
388
389
ITEM 4. 2p

CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER NO. 4 WITH
ODYSSEY LANDSCAPING, INC., FOR IMPROVEMENTS

ON RIVER ISLANDS PKWY BETWEEN GOLDEN

VALLEY PKWY & MCKEE BLVD, AND APPROVE

RELATED BUDGET AMENDMENT ASSOCIATED WITH
CIP GG 20- 19
RECOMMENDATION: Adopt Resolution To Approve Contract Change Order No. 4 with Odyssey Landscaping, Inc., for
Improvements On River Islands Pkwy Between
Golden Valley Pkwy & McKee Blvd and Approve
Related Budget Amendment Associated with CIP GG
20- 19
SUMMARY:

On December 9, 2019, City Council approved the creation of Capital Improvement Project ( CIP) GG 20- 19 Mossdale Irrigation and Landscape Improvements to upgrade the existing landscaping and irrigation equipment in the Mossdale Development Area.

These improvements are needed to maximize the use of recycled water, install drought resistant landscaping and reduce the City' s
long- term operation and
maintenance costs.

In September of 2022, Council awarded a construction contract to Odyssey Landscaping, Inc., ( Odyssey) for improvements on Golden Valley Parkway between River Islands Pkwy and Towne Centre Drive.

Staff recommends City Council approve Change Order No. 4 with Odyssey Landscaping in the amount of $ 959, 513 for landscaping improvements on River Islands Pkwy between Golden Valley Pkwy and McKee Blvd. Staff also requests City Council authorize a 15% construction contingency of $ 143, 927 for a total cost not to exceed $ 1, 103, 440 and authorize staff to spend up to this amount as necessary to accomplish the goals of the project. Staff also requests for City Council to approve related budget amendment.

BACKG ROU N D:

Over the past few years, the City has taken steps to improve landscaping on major arterial streets including Louise Ave, Lathrop Rd and Golden Valley Pkwy. These improvements are needed to maximize the use of recycled water, install drought resistant landscaping and reduce the City' s long- term operation and maintenance costs.
390
CITY MANAGER' S REPORT PAGE 2
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER NO. 4 WITH ODYSSEY LANDSCAPING

FOR IMPROVEMENTS ON RIVER ISLANDS PKWY BETWEEN GOLDEN VALLEY

PKWY & MCKEE BLVD AND APPROVE RELATED BUDGET AMENDMENT
ASSOCIATED WITH CIP GG 20- 19
Odyssey has substantially completed the improvements on Golden Valley Parkway and staff has been pleased with the work performed to this point. During construction, Odyssey has gained extensive knowledge about the City' s unique recycled water system and the specific site conditions that exist in the Mossdale Development Area. This knowledge will prove valuable during the next phase of improvements on River Islands Parkway which will include palm trees with up lighting in the medians, accent trees, artificial turf, decomposed granite, drought- resistant shrubs and groundcover.

REASON FOR RECOMMENDATION:

Staff is recommending the approval of Change Order No. 4 with Odyssey Landscaping to further the goals established with the creation of CIP GG 20- 19. These improvements are needed to maximize the use of recycled water, install drought resistant landscaping and reduce long- term operation and maintenance costs.

Odyssey Landscape has performed well on the original contract work, has unique knowledge of the project site and unit pricing from the original contract will extend into Change Order No. 4.

FISCAL IMPACT:

Sufficient funds were not included in FY 22/ 23 budget for Change Order No. 4 with Odyssey Landscaping for $ 959, 513. Staff is requesting a budget amendment as follows:

Decrease Landscape Reserves
1010- 251- 07- 00 506, 000
Decrease Street Reserves
1010- 251- 03- 00 484, 440
Increase Transfer Out
1010- 9900- 990- 9010 990, 440
Increase Transfer In
3010- 9900- 393- 0000 GG 20- 19 990, 440
Increase Expenditures
3010- 8000- 420- 12- 00 GG 20- 19 990, 440
391
CITY MANAGER' S REPORT PAGE 3
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER NO. 4 WITH ODYSSEY LANDSCAPING

FOR IMPROVEMENTS ON RIVER ISLANDS PKWY BETWEEN GOLDEN VALLEY

PKWY & MCKEE BLVD AND APPROVE RELATED BUDGET AMENDMENT
ASSOCIATED WITH CIP GG 20- 19
ATTACHMENTS:

A. Resolution to Approve Contract Change Order No. 4 with Odyssey Landscaping, Inc., for improvements on River Island Pkwy between Golden Valley Pkwy & McKee Blvd and Approve Budget Amendment, CIP GG 20- 19
B. Change Order No. 4 with Odyssey Landscaping, Inc.

C. Project Location Map
392
CITY MANAGER' S REPORT PAGE 4
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER NO. 4 WITH ODYSSEY LANDSCAPING

FOR IMPROVEMENTS ON RIVER ISLANDS PKWY BETWEEN GOLDEN VALLEY

PKWY & MCKEE BLVD AND APPROVE RELATED BUDGET AMENDMENT
ASSOCIATED WITH CIP GG 20- 19
APPROVALS:

Qd-G I31 a3
Carlos Carrillo Date
Management Analyst
o, 5 `I ZO 23
Ken ed Date
Senior Construction Manager
Cari Ja Date
Finance rector
S• 3 2oZ3
Michael King Date
Assistant City Manager
3 zo z 3
Salvador Navarrete Date
City Attorney
5- 3•L3
Step en J. Salvatore Date
City Manager
393
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING CONTRACT CHANGE ORDER N0. 4 WITH ODDYSEY
LANDSCAPING INC. FOR IMPROVEMENTS ON RIVER ISLANDS PKWY

BETWEEN GOLDEN VALLEY PKWY & MCKEE BLVD AND APPROVE RELATED BUDGET AMENDMENT ASSOCIATED WITH CIP GG 20- 19
WHEREAS, in 2019, City Council directed staff to upgrade the existing landscaping and irrigation equipment in the Mossdale Development Area; and WHEREAS, in 2022 Council awarded a construction contract to Odyssey Landscaping, Inc., ( Odyssey) for improvements on Golden Valley Pkwy between River Islands Pkwy and Towne Centre Drive; and
WHEREAS, construction of these improvements is nearing completion and staff is ready to begin the next phase of improvements, River Islands Pkwy between Golden Valley Pkwy and McKee Blvd; and
WHEREAS, the proposed landscaping on River Islands Pkwy will be consistent with those constructed on Golden Valley Pkwy; and
WHEREAS, change order No. 4 was not included in the adopted FY22/ 23 budget and;
WHEREAS, staff requests City Council approve Change Order No. 4 with Odyssey in the amount of $ 959, 513 for landscaping improvements on River Islands Pkwy between Golden Valley Pkwy and McKee Blvd; and
WHEREAS, staff requests City Council authorize a 15% construction contingency in the amount of $ 143, 927 and authorize staff to spend the contingency as necessary to achieve goals of the project for a total cost not to exceed $ 1, 103, 440 and;
WHEREAS, staff is recommending the approval of Change Order No. 4 with Odyssey to further the goals established with the creation of CIP GG 20- 19. These improvements are needed to maximize the use of recycled water, install drought resistant landscaping and reduce Iong- term operation and maintenance costs; and WHEREAS, the total cost of Change Order No. 4 with Odyssey is $ 959, 513.

StafF requests City Council approve a budget amendment transferring $484, 513 from the Street Reserve Fund ( 1010) and $ 506, 000 from Landscape Reserves ( 1010) as follows:
394
Decrease Landscape Reserves 506, 000
1010- 251- 07- 00
Decrease Street Reserves
1010- 251- 03- 00 484, 440
Increase Transfer Out
1010- 9900- 990- 9010 990, 440
Increase Transfer In
3010- 9900- 393- 0000 GG 20- 19 990, 440
Increase Expenditures
3010- 8000- 420- 12- 00 GG 20- 19 990, 440
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approve Contract Change Order No. 4 with Odyssey Landscaping, Inc. for a cost of $ 959, 513; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a 15% construction contingency of $ 143, 927 for a total cost not to exceed 1, 103, 440 for the construction of the project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment as detailed above.
395
The foregoing resolution was passed and adopted this 8th day of May, 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 396
CHANGE ORDER NO. 4
ATTACgHMENT
Mossdale Irrigation and Landscape Improvements, CIP GG 24- 01 City of Lathrop CONTRACT CHANGE ORDER NO. 4
MOSSDALE IRRIGATION AND LANDSCAPE IMPROVEMENTS, CIP GG 24- 01 Contractor: Odyssey Environmental Services, Inc.

Address: 5400 W. State Highway 12,
Lodi, CA 95242
Change Order Date: May 8, 2023
Notice to Proceed Date: September 26, 2022
Contract Execution Date: September 12, 2022
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposals attached as Exhibit A and Exhibit B, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and Odyssey Environmental Services, Inc. dated September 12, 2022.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S)/ SUBTRACTION( S) TO CONTRACT

ITEM DESCRIPTION QTY UNIT UNIT TOTAL
NO. PRICE
1 Landscape Improvements River Island Pkwy 1 LS $ 959, 512. 13 $ 959, 512. 13 between Golden Valley Pkwy and Mckee
Blvd
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER 4 959, 512. 13 ADDITIONAL COST FROM CHANGE ORDER # 2 75, 177. 06
ADDITIONAL COST FROM CHANGE ORDER # 3 3, 988. 80
ORIGINAL CONTRACT AMOUNT 1, 288, 137. 71
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 4 2, 326, 815. 57

END OF CHANGES)

DESCRIPTION OF WORK
See " II. ADDITION( S)/ SUBTRACTION( S) TO CONTRACT." The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order. Prices per unit are detailed in attached Exhibit A.

TIME OF COMPLETION
The extra work will increase the time frame of the original contract by 60 working days. 397
CHANGE ORDER NO. 4
Mossdale Irrigation and Landscape Improvements, CIP GG 24- 01 City of Lathrop

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 4. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

END OF SECTION)
398
CHANGE ORDER NO. 4
Mossdale Irrigation and Landscape Improvements, CIP GG 24- 01 City of Lathrop Approved As
To Form:

Z ZD Z'3
Salvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By:

Michael King Date
Assistant City Manager
City of Lathrop
Approved By:

Stephen J. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

Odyssey Environmental Services, Inc. Date
Print Name and Title
399
EXHIBIT"
4/ 28/ 23
City of Lathrop
390 Towne Centre Dr, ODY

ENVIRONMENTAL
s sEI Y
Lathrop, CA 95330 SERVICES, INC.
209) 941- 7360 LIC. # 774370
Attn: Ken Reed
Re: Additional Work
Odyssey Environmental Services, [ nc. proposes to provide the material and labor for the installation of the listed scopes for the above mentioned project located in Lathrop, CA. These prices include prevailing wages, tax, labor, and materials required to properly install the requested work. Our bid is as noted and is valid for 30 days.

Bid Notes:

Bid is based on receiving the site at+/-. 10 ft. of finish grade.

Plants based on availability.

This proposal has no provisions for additional costs associated with water restrictions as it pertains to maintenance or landscape establishment.

We note that the limits are approximate. If the disturbed areas are greater than estimated unit costs shall prevail and an add will be requested.

Construction of this project is based upon one mobilization. If addition mobilizations are required due to phasing of the project additional charges may occur.

This proposal is based on an agreed upon subcontract and construction schedule.

This Proposal is based upon field meeting on 4/ 24/ 23.

Odyssey Environmental Services, Inc. is signatory to the Laborers Union Local# 73 Odyssey Environmental Services, Inc. insurance limits are$ 1, 000, 000/ 2, 000, 000.

Due to the current volatility in material and labor costs, quoted pricing can only be guaranteed for( 30) Days.

Contacted projects will be subject to an increase if it demonstrated these costs have increased by 5% or more. 5400 W Highway 12 Lodi, CA 95242
Office: ( 209) 369- 6197 Fax: ( 209) 369- 6965
Email: mlawson a;odyssevlandscape. com
400
City ofLathrop
Re: Additionc l Wark
4/ 28/ 23

Page 2 of 3 ends

Lathrop City CouncilMay 8, 2023

Lathrop City Council
May 8, 2023