2023-06-12_item_4.4_award_construction_contract_to_d.l._falk_construction_inc._for_the_lpd_property_evidence_building_cip_gg_21-13

ITEM 4.4

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO D. L. FALK
CONSTRUCTION, INC. FOR THE LATHROP POLICE

DEPARTMENT PROPERTY AND EVIDENCE BUILDING
ASSOCIATED WITH CIP GG 21- 13 CORPORATION

YARD IMPROVEMENTS
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to D. L. Falk Construction, Inc. for the Lathrop Police Department Property and Evidence Building
Associated with CIP GG 21- 13 Corporation Yard
Improvements
SUMMARY:

On April 12, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 21- 13 Corporation Yard Improvements to add new buildings and services to the property. On December 12, 2022, City Council approved the inclusion of a Property and Evidence Building for the Police Department ( Project) within the scope of CIP GG 21- 13, and approved a professional services agreement for $220, 000 with LDA Partners ( LDA) for the design of this building.

The bid solicitation package for the construction of the Project was advertised on May 8, 2023 in accordance with Bidding Procedures in California Public Contract Code PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060. The City Clerk received and opened two ( 2) bids on June 5, 2023. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be D. L. Falk Construction, Inc. ( D. L. Falk) with a bid of $ 5, 494, 000.

Staff requests City Council award a construction contract to D. L. Falk for the construction of the Property and Evidence Building in the amount of $5, 494, 000. Staff also requests City Council authorize a 10% construction contingency of $549, 400 for a total cost not to exceed $ 6, 043, 400.

Sufficient funds were not allocated in the approved Fiscal Year ( FY) 2022/ 23 budget to award the contact. Under a separate item on tonight' s agenda, Council is considering the approval of the Biennial CIP Budget for FY 2023- 2025 that includes a request of $ 3, 870, 000 for CIP GG 21- 13. Award of this contract will be contingent upon Council' s approval of the Biennial CIP Budget for FY 2023- 2025.

CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO D. L. FALK CONSTRUCTION, INC. FOR

THE LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORPORATION YARD IMPROVEMENTS BACKGROUND:

On April 12, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 21- 13 Corporation Yard Improvements to add additional office space, security upgrades, a material handling site with storage bays, storage racks and additional asphalt pavement for vehicle and foot traffic. On September 12, 2022, City Council approved the use of a Community Workforce and Training Agreement CWTA) for the construction of the Property and Evidence Building for the Police Department planned for FY 2023/ 24.

On December 12, 2022, City Council approved the inclusion of the Property and Evidence Building and associated amenities ( Project) in the scope of CIP GG 21- 13, and approved a professional services agreement for $ 220, 000 with LDA Partners LDA) for the design of the Project.

The Project scope includes a single -story building for the secure storage of evidence and recovered property, and offsite and onsite civil improvements. The proposed improvements include construction or installation of the following elements:

Offices, booking room, ballistics testing lab, mechanics' garage with secure vehicle storage and a motorized storage rack system in the building Paved public and employee parking and pedestrian pathways Frontage landscaping, sidewalk, curb & gutter and pavement along Louise Avenue as well as perimeter security fencing and exterior lighting LDA prepared the plans and technical specifications, and City staff prepared the bid specifications for solicitation on May 8, 2023 in accordance with CA PCC 20160 and LMC 2. 36. 060. Two ( 2) bids were received and opened by the City Clerk on June 5, 2023, both determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:

Table 1: Summary of Bid Results- Proverty and Evidence Buildina Contractor Total Bid
D. L. Falk Construction, Inc. 5, 494, 000
F& H Construction 5, 969, 000
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is D. L. Falk. Staff requests City Council adopt a resolution awarding a construction contract to D. L. Falk Construction, Inc. in the amount of 5, 494, 000. Staff also requests City Council authorize a 10% construction contingency of $549, 400, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 6, 043, 400.

CITY MANAGER' S REPORT PAGE 3
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO D. L. FALK CONSTRUCTION, INC. FOR

THE LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORPORATION YARD IMPROVEMENTS REASON FOR RECOMMENDATION:

The proposed improvements will provide a Property and Evidence Building and other amenities essential to the complete operation of the City' s Police Department. D. L.

Falk is required to submit a signed copy of the " Agreement To Be Bound" by the terms and conditions of the CWTA at contract execution as a condition thereof.

FISCAL IMPACT:

The proposed construction contract with D. L. Falk is for $ 5, 494, 000. A 10% construction contingency is requested in the amount of $549, 400 for a total cost not to exceed $ 6, 043, 400.

ATTACHMENTS:

A. Resolution Awarding a Construction Contract to D. L. Falk Construction, Inc. for the Lathrop Police Department Property and Evidence Building Associated with CIP GG 21- 13 Corporation Yard Improvements
B. Construction Contract with D. L. Falk for the Lathrop Police Department Property and Evidence Building Associated with CIP GG 21- 13, Corporation Yard Improvements

CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
PAGE 4
AWARD CONSTRUCTION CONTRACT TO D. L. FALK CONSTRUCTION, INC. FOR

THE LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORPORATION YARD IMPROVEMENTS APPROVALS:
5MMAIoz
Steven Hollenbeak
Assistant Engineer
Ken Reed
Senior Construction Manager
Brad Vaylor
it%i Gnninccr
Michael King
Assistant City Manager
Salvador Navarrete
City Attorney
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Date
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St en J. Salvatore Date
City Manager
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO D. L. FALK CONSTRUCTION, INC. FOR THE

LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORPORATION YARD IMPROVEMENTS WHEREAS, on April 12, 2021, City Council approved the creation of Capital Improvement Project ( CIP) PK GG 21- 13 Corporation Yard Improvements to add new buildings and services to the property; and
WHEREAS, on September 12, 2022, City Council approved the use of a Community Workforce and Training Agreement for the construction of the planned Property and Evidence Building for the Police Department; and WHEREAS, on December 12, 2022, City Council approved the inclusion of the Property and Evidence Building ( Project) in the scope of CIP GG 21- 13, and approved a professional services agreement for $ 220, 000 with LDA Partners ( LDA) for the design of this building and associated onsite and offsite improvements; and WHEREAS, LDA prepared and City staff solicited for bid the plans and technical specifications for the Project on May 8, 2023 in accordance with California Public Contract Code 20160 and Lathrop Municipal Code 2. 36. 060; and WHEREAS, a total of two ( 2) bids were received and opened by the City Clerk on June 5, 2023; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid and for the Project was determined to be D. L. Falk Construction, Inc. ( D. L. Falk) with a bid of $ 5, 494, 000; and WHEREAS, staff requests City Council award a construction contract to D. L.

Falk in the amount of $ 5, 494, 000 for the construction of the Project; and WHEREAS, staff also requests Council authorize a 10% construction contingency in the amount of $549, 400 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 6, 043, 400; and
WHEREAS, sufficient funds were not allocated in the approved Fiscal Year ( FY) 2022/ 23 budget to award the contact; and
WHEREAS, under a separate item on tonight's agenda, Council is considering the approval of the Biennial CIP Budget for FY 2023- 2025 that includes a request of 3, 870, 000 for CIP GG 21- 13; and
WHEREAS, award of this contract will be contingent upon Council' s approval of the Biennial CIP Budget for FY 2023- 2025.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to D. L. Falk Construction, Inc. for the construction of the Lathrop Police Department Property and Evidence Building Associated with CIP GG 21- 13, Corporation Yard Improvements for a cost of 5, 494, 000, contingent on Council approval of the Biennial CIP Budget for FY 2023- 2025; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency of $549, 400 for a total cost not to exceed $ 6, 043, 400 for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project.

The foregoing resolution was passed and adopted this 12th day of June, 2023 by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney

ATTACHM ENT
w f as

CONSTRUCTION CONTRACT
This Contract, dated June 12, 2023, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and D. L. Falk Construction, Inc., Contractor), whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:

1. Term. This Contract shall commence on, and be binding on the parties on the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. a.) This project contains a Community Workforce and Training Agreement ( CWTA) between the City of Lathrop and the San Joaquin Building and Construction Trades Council. The Contractor agrees to be bound by the provisions of the CWTA attached to the Bid Documents and to this contract as Exhibit B.

2. General Scope of Project and Work. Construction Documents for CORPORATION YARD IMPROVEMENTS — PROPERTY & EVIDENCE BUILDING, CIP GG 21- 13 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.

The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the supply of all materials, labor and equipment to construct the Property & Evidence Building as contemplated by these Contract Documents, and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 250 calendar days following issuance of Notice to Proceed.

The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.

Base Bid Total: $ 5, 494, 000 ( FIVE MILLION, FOUR HUNDRED NINETY

FOUR THOUSAND DOLLARS)

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the City Clerk and are hereby incorporated by reference ( i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by D. L. Falk Construction, Inc. on June 1, 2023. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.

4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.

Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.

5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.

Contractor shall furnish City with the certificates of insurance and with original endorsements 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 in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.

6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' s 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 imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or Improvements work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

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

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

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

DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.

The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: ( i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within (5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.

The responsibility for compliance with this Article shall rest upon Contractor.

10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. ] A.

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

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

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

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

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or ( 3) above.

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

To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:

Mailing Address:

Phone:

Email:

ATTN:

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' 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 governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC 1368), 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 Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
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 deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
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 California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' s Submitted Bid Packet
EXHIBIT B: Contractor' s and subcontractors' signed Agreement to be Bound by the City of Lathrop Community Workforce and Training Agreement
Certification of insurance, performance and payment bonds, and vvorker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATHROP
APPROVED AS TO FORM:

By: -=-
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

Un
Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
EMIT
SECTION 0030{ 1
C01001UAI10S 1ARE) IMPR0% ENILVIS
PROPER11 & EN IDE:10E BUILDING
CII' GG 21- 13

BID PROPOSAL FORIMS
1' 0: Cit\ of Lathrop
390 "1' oune Centre Dri\ e
Lathrop. CA 95330
ATTENTION: Cit\ Clerk
Bit) PROPOS 1L I t) RNIS
FOR: PROPERTY S EVIDENCE BUILDING, CIP GG 21- 13
THE UNDERSIGNED. AS BIDDER, HEREBY AGREES AND DECLARES THAT:

LEGAL COMPLIANCE
The onl\ persons or parties interested in this Bid as Principals are those named herein; that this Bid is made \\ ithout collusion \\ ith anti other person, firm, partnership, corporation, or association; that lie has carefull\ examined the location of the proposed \ eork and the Construction Documents; and 11e proposes and agrees that if this Bid is accepted lie \\ ill contract \\ ith the Cite of Lathrop, in the form of the Contract as set forth in the Construction Documents for said project, to pro\ ide all the necessare labor, ser\ ices, materials, and equipment, and to do all the \\ ork and furnish all the materials; and that he \\ ill accept in ( lull pa\ ment therefore the price as proposed in the following Bid Schedule.

SCHEDULE OF PRICES
All applicable permit fees, licensing costs. sales taxes,, State, and 'or federal, and an} other taxes. patent rights, or ro\ alties are included in the prices quoted in the Bid. All blank spaces must be filled in.

BASIS OF AWARD
The basis for a\\ and of the contract \\ ill be the price of the base bid. TI1e Cit\ of Lathrop reser\ es the right to a\\ ard the \\ ork contemplated b\ onl} the Base Bid or none of the \\ ork. 00300- 1
SECTION 00300

CORPORATION I WD IMPRON EMEM S
PROPERIA & h\ ] DrNCI; til ILDING
c11, GG 21- 13
1111) PROPOSAL FORMS
PROPERTY & EVIDENCE BUILDING, CIP GG 21- 13

BID SCHEDULE
ITEM

DESCRIPTION QUANTITY
i
UNITS ' i
UNIT
PRICE

EXTENDED
TOTAL
I
Mobilization I Bonds
i I
Insurance I
I
l" S B5, C)
2 Traffic Control LS f
Contro ,
and Sediment
LS
Plan ( F_SCP)
Total On -Site Ci\ il LS
19 O( Dc) 2g t
000
3 2 F5"Q'>V
4 v5FT; tofo Hr- DOC
5 Total Off -Site Ci\ il l Ls sq,6, pots 3.q9, D C) r-> 6 Total Building LS i,
TOTAL BID :

TOTAL BID IN WORDS:
bv
003300- 2
SECTION 00300
CORPOWATION YARD IMP110% LMEN' I' S BID PROPOSAL. DORMS PROPERI % & EVIDENCE BUILDING
C' IP GG 21- 13

INFORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. ]' his information is considered essential in enabling the Project Manager to determine if the Bidder is experienced in similar types of %%ork and if the Bid is based on a careful study of methods applicable to the work and full realization of the carious factors Nchich mayaffect the progress of the Nvork. Failure to comply ith this requirement ma, render the Bid non -responsive and may cause its resection. Additional sheets shall be attached asrequired. BIDDER'
SINFORMATION 1)
Bidder' s name and address: 3526
investment Blvd. Ha
ward CA 94545 2)
Bidder' stelephone number: (5-10-),88- -U 3)
Bidder' sfax number: _ 451 Q7- 6501 4)
Bidder' s Contractor's License ( Class): _ ,, License
No.: 683837 1
1 5)
Person " ho inspected site of proposed Nvork for Contractor'sfirm: Name: _ H, uanD Truona Date of Inspection: _ 05/ 11/ 2023 6)
List 5projects ofanature similar tothis project: Project Contract Name, Address and Price
Tele hone Number of Owner Danville
Public Safety 5, 924, 000WU aon a Way - Danville, CA Admin.- BuildingAdmin.- Gil Building Santolaya - ( 925) 314- 3352 San Jose City College 14,242, 000 2100 Moorpark Ave. - San Jose, CA Maint. & Operation Bldg. Toby Black - 510 484- 6769 El Granada
Fire Station 11,294, 000 50 Obispo Rd. - Half Moon Bay, CA Jeff Katz - 619 698- 9177 Berkeley Central
Library2,799, 000 2 Kittredge St. - Berkeley, CA Ingrid Lin - ( 510) 981- 6435 Vacaville HS
New Gym. 4,432, 000 401 Nut Tree Rd. - Vacaville, CA Patrick Neelan • 916 553- 4400 00300- 3
SECTION 00300
CORPORATION 1 ARD IN1PROVE. lit:Sl S
PROMITI & EVII} t' NCE RUILDiNf.

CIP GG 21- 1. 3
LIST Or SUBCONTRACTORS:
fill) PROPOSAL FORNIS
DL Falk Construction Inc.

The Bidder shall list beloN\ the name and business address of each subcontractor who » iII perform N ork under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK i0ich will be done b\ such subcontractor, in accordance ith Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions %\ ill be alloyed except as otherwise provided b} 1at\ The listing of more than one subcontractor for each item ofuork to be perf'ornted mth the \\ orris " and/ or" \\ ill not be permitted.

Failure to campy \\ ith this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor. the Contractor shall note that on this page by writing " Not Applicable" in the list below.

Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' s Name & Address I. Concrete ' qL ZomAhmm
Masonry & Brick
NZI) cntid fe t Cr,

2. Qneer
a
b
wi &
w
wm
WU , twos

6. m W I! r n _ J- & A
Q n
Note; Attach additional sheets 1f required,
00300- 4
SFCTION 01) 3{) o
CORPORATION N ARn VAIVROVEMENTS

PROPERTY & EVIDENCE I) UILDING
CIP CC 21- 13
Bit) PROPOSAI. FORMS
LIST OF SUBCONTRACTORS: DL Falk Construction Inc.

The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price. and shall also list the portion of the WORK «• loch will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions trill be allowed except as otherwise provided by la\%. The listing, of more than one subcontractor for each item of work to be performed with the cords "and/ or" will not be permitted.

Failure to comply %\ith this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing " Not Applicable" in the list below.

Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' s Name & Address l . Fire Sprinklers 0Q \ 0 l
S 61t
z. Plumbing A 1
V1 Q r._
L

3. HVAC Ln O-Q Llr- U-CV, Li
a. Voltages
Electrical & Lowy
1_ j t ° Oav f
s. Grading & Paving
L F' M ova,.

G. Site Utilities
Note: Attach additional sheets if required.
00300- 4
SECTION 00300
CORPORATION I ARn IMPROVENIEN I S

PROPERTI K EVIDENCE BVILDINC
CI GG 21- 13
LIST OF SUBCONTRACTORS:
1111) PROPOSAL FORMS
DL Falk Construction Inc.

The Bidder shall list below the: name and business address of each subcontractor who will perform ork under this Bid in excess of one -hall of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the W'ORK " hich will he done by such subcontractor. in accordance:
with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions " ill be allo" ved except as othen%,ise provided by laxv. The listing of more than one subcontractor for each item of" ork to be performed " vith the words " and/ or" will not be permitted.

Failure to complywith this requirement may render the Bid non -responsive and may cause its rejection.

Should the Contractor provide abid that does not require asubcontractor, the Contractor shall note that on this page by writing " Not applicable" inthe list belo". Subcontractor License
Percent of Work
to be Performed Number Total Contract Subcontractor' sName & Address 2.

A! sactx
rn.t m r

4. BCC © C ° a a
aiO o Note:

Attach additional sheets if required. 00300-
4 SECTION 00300
CORPORATION 1 ARD IMPROVEMENTS
PROPERTY & Et IDENCL BUILDING
Ctt' GG 21- 13
LIST OF SUBCONTRACTORS:

BID PROPOSAL FORMS
DL Falk Construction Inc.

The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening ofbids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and' or" will not be permitted.

Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing "Not Applicable" in the list below.

Subcontractor
License Percent of
Work to he Performed Number Total Contract Subcontractor' s Name & Address C
f

2. --
1- jib

3. 11

5. 6.

Note: Attach additional sheets if required.
00300- 4
SECTION 00300
CORPORATION VILRb IMPROVEMENTS 1111) PROPOSAL 1. ORMS

PROPERTY & EVIDENCE BUILDING
C1P CC 21- 13
LIST OF SUBCONTRACTORS: DL Falk Construction Inc.

The Bidder shall list below the name and business address of each subcontractor %\ ho N\ ill perform work under this Bid in excess of one- half of one percent of the Contractor' s Taal Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance ith Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item ofwork to be performed with the cords "and/or" will not be permitted.

Work to be Performed

2. 3.
is

5. 6.

Subcontractor
License Percent of
Number Total Contract Subcontractor' s Name & Address
Note: Attach additional sheets if required.
00300- 4
SECTION 00300
CORPORATION 1 ARD IMPROVEMENTS BID PROPOSAL FORMS

PROPERTY & EVIDENCE BUILDING
CIP GG 21- 13
LIST OF SUBCONTRACTORS: DL Falk Construction Inc.

The Bidder shall list below the name and business address of each subcontractor who will perform Nrork under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted.

Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' s Name & Address

2. 3.

4. 5.

Note: Attach additional sheets if required.
00300- 4
SECTION 00300

CORPORAL ION I ARD IMPROVEMENTS BID PROPOSAL FORMS
PROPERTI" & EVIDENCE BUILDING
CIP GG 21- 13
LIST OF SUBCONTRACTORS: DL Falk Construction Inc.

The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted.

Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' s Name & Address

1. 2.

3. 4.

5. G.

Note: Attach additional sheets if required.
00300- 4
SECTION 00300
CORPORATION YARD INIPROVE11L• N'TS 01D PROPOSAL NORMS

PROPERTY & EVIDENCE BUILDING
C11' GG 21- 13

ADDENDA
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):

No. 01 No. 02
Respectfully submitted,
June 1. 2023 DL Falk Construction Inc
Dated Legal Name of Firm
natur Auth a" Menitive
Seal)
Of Bidder is a corporation, show State in which incorporated.) The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:

NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.

David L. Falk - President Secretary & Treasurer `
David T. Fa - Dir for of Qerati- ons Heidi
Die ..- Controller 00300-
5 CORPORATION YARD IMPROVEMENTS

PROPERTY & EVIDENCE BUILDING
CIP GG 21- 13
SECTION 00300

BIDDER' S BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT WE Hartford Fire Insurance Company
as PRINCIPAL, and D. L. Falk Construction, Inc.

BID PROPOSAL FORMS
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $
Ten Percent ( 1096) of the total amount bid

THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: CORPORATION YARD IMPROVEMENTS - PROPERTY & EVIDENCE BUILDING, CIP GG 21. 13.

NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 17th day of _ May , 2023.

D. L. Falk Construction Inc. Hartford Fira 1 surance Company Princi aJ,,....—^+ Surety
Seal) By: { Seal)
DavidT. Falk, Director of Operations D. Guzman, omey-in- FaG Address: 3526 Investment Blvd. Address: 101 Montgomery St., #?2700 Harivard, CA 94545 San Francisco, CA 94104
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 6
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identityof the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of teat document.

State of California
County of
Alameda
On _ May 17, 2023 before me,
Date
personally appeared
Artika Kanti, Notary Public
Here Insert Name and ride of the Officer
David T. Falk
Nome( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(dlwhose name( s) is/ aWsubscribed to the within instrument and acknowledged to me that he/She/they executed the same in hisAXK1Wr authorized capacityjyeq, and that by his4ke!rlter signaturelsyon the instrument the personjs , or the entity upon behalf of which the person( s) acted, executed the instrument my
ARTIKA KANTt
Notary Public • California
Alameda County
Comm. Commissions Expires Juli28, Jul 28, 2025
Place Notary Seal andlor Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature kf)
51g lure of Notary Public
Vt' I IUMAL
Completing this information can deter alteration of the document or froudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signers) Other Than Named Above:

Capacity( les) Claimed by Signer( s)
Signer' s Name:

O Corporate Officer — Title( s):

Partner — O Limited O General
O Individual 13 Attorney in Fact
o Trustee o Guardian or Conservator
E3 Other.

Signer is Representing:

Rs a
020119 National Notary Association
Signer' s Name:

Corporate Officer — Title( s):

E3 Partner — O Limited © General
Individual 0 Attorney In Fact
o Trustee 0 Guardian or Conservator
Other:

Signer is Representing:

CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of S Aev7-P, G- t—P42--P, )
On S 117 1 2- 3 before me,
here insert name and title of the officer)
personally appeared VZM tAr. J
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
KELLY SPRABLIN- BILLE111
COMM. 02403519
Notary PUWIC - Calwornla
z
Santa Clara
Ctxniti, 2026
Seal)
Optional Information
Although the information to this section is not regu; red by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unautr: orized document and may prove useful to persons relying on the attached document.

Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document titled/ for the purpose of
containing____,____ pages, and dated
The signer(s) capacity or authority is/ are as:

Individuali,$)
Attorney - in -Fact
Corporate Officers)
Guardian/ Conservator
Partner - UmitediGenerai
Cl Trustee(,)
Other.
representing:

Nameis) of Person( O or Enury( less signer is Repcesen: nq Additional Information
Method of Signer Identification
Proved to me on the basis of satisfactory evidence
forms) of . dent: ficat, on ( D cred. ble wimew, es)
Notarial event is detailed to notary journal on
Page k Entry A
Notary contact
Other
Addrt+onat 5Egner( s)
l_ 1
S; gne; is; Thumbpantos
0 Copynght 2007. 2021 Nowy Rotary, PO Sax 414p0 Des titoares, to 503 S 1- 050' A I Riyhts Reserved ': em Number 101772 Please contact your Auttrerred Reseller to purchase copies of this form Direct hrqufrtesJCtatms to.

POWER OF ATT R
r
EHrtfodP° R°
Bond Td
laza
iariford, CdrneCifcul 06155
calf• 888. 2MU88 or fax 860- 757. 5835)
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 57- 152. 1 15 Hartford Fire Insurance Company, a corporation duiv % l; WUr.'rl under die taws ofthe Stulc of counwiicut QHartford Casualty Insurance Company, a conx+ration dWy OR- amzedtmderthe laws orthe State of Indiana Hartford Accident and Indemnity Company, a curlxliuhon duly orguldzvd under lire lints of the Statt ofcrluk,-ti ul Hartford Underwriters Insurance Company, a corporation dudy organized tinder the laws of the State of Cmnechcut TW1n City Fire Insurance Company, a corpunetioa duly orgunzed under the lam of tie Stab: of indisiun Q Hartford insurance Company of Illinois, a corliomtion duly oritarnmi raider the laws of the :irate ofIllinois Hartford Insurance Company of the Midwest a cmporation dniy organized under eie laws of due State of Indiana Hartford Insurance Company of the Southeast, a vurportiti.tvi duty urgard?ed under the luws ofthe 5tutc ofFlorida having their home Vice in Hartford, Connecticut ( hereinafter collecdveiy referred to as the ' Companies') do hereby make, constitute and appoint, UP to the amount of Ifrt3 i rn_ t, ed Dianna Guzman, James B. Shea of SAN J©SE, California
their true and lawful Attdxney( s)-in- Fact, each in their separate capacity if more than one is named above, to sign its name as surely( its) only as delineated above try ®, and to execute seal and acknowledge any and of bonds undertakings, contracts and other written Instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts end executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, in Witness Wherecif, and as authorized by a Resolution of the Board of Directors of the CorMariles on August 1, 2009, the Companies have caused these presenis to be signed by its Vice President and its corporate seals to be hereto affixed, duly atlested by its Assistant Secretary, Further pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures apoded to this Power of Attorney. r.. r., rrN ^ t: it rrygd Z
s s. if f4 •
7 ' r ,
rarr, r,M • nNNM• 4' t iP7f tP7f l7 •
John Gray, Assistant Secretary
STATE OF CONNE" CUT

COUNTY OF HARTFORD )
ss. Hartford
M. Ross Fisher. Vice President
On this 12th day of July. 2012, before me personally came M. Ross Fisher, to me known, who being by me duly swum, did depose and say that he resides in the County of Hartford. State or Connecticut that he is the Vice President of the Companies, the caporal ons described in and which executed the above instrument, that he knows the seals of the said corporations: that the seals affixed to the said Instrument are such corporate seats: that they were so affixed by authority of the Boards of r7troctas or safdcorporation s and that he signed his nano thereto by tlke authority 0Tcr ;,. :... M . t ^ Jl rlL.f 7. 1L ! 1>L
P.
i.
earm T. r• yn• n1
CI RT1fiC. ATIF N'niary PWAic
My Cotinwidon Pa PIM hdy 11, 2016
1, the undersigned, Vice Pres=dent of tree Companies DO HEREBY CERT` FY that the above and foregoing is a tru a and correct copy of the Power of Attorney executed by said Companies, which Is ,still in ful force efieective as of May 17, 2023.

Signed and sealed at the CRY of Hartford
Y.•. i .
r
r tfa7 - / • to '
r'•••lr
r; '
y+' 4+"
fey+' h •' •
j4• t...•, J 1 t • 3` t9T
e
Ka-vin Hedanan, Assistant Vics President
PUA 20i:

SECTION 00301)

CORPORATION Y ARD INIPROVENIEWS BID PROPOSAL FORMS

PROPERTY & EVIDENCE BUILDING
CI GG 21- 13

NONCOLLUSION AFFIDAVIT
STATE OF California
COUNTY OF Alameda
ss
David T. Falk , being first duly sworn, deposes and says that he or she is Director of Operations of DL Falk Construction the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectl} induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed %%ith and bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or and breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a coily„u - r a
Signatur ent, Secretary,
Manager, Project Manager or Representative
The County of Alat1' 11'. Sisa
State of California
Subscribed and sworn to ( or affirmed) before me
on this day of , 20 , by
proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me.

Seal
Signature,
00300- 7
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 11B9
A notarypublic or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document_ State of California
County of
Alameda
On May 17, 2023 before me,
Date
personally appeared
Artika Kanti, Notary Public
Mere Insert Name and Title of the Officer
David T. Falk
Nome( s) of Signet( s)
who proved to me on the basis of satisfactory evidence to be the person( aj' bvhose namelsj is/ are subscribed to the within instrument and acknowledged to me that he/ oe/ttiay executed the same in hisrh0crionfir authorized capacityW, and that by his/ berltf) etr signatureN on the instrument the personal, or the entity upon behalf of which the person(e) acted, executed the instrument. my
ARTIKA KANn
Notary Public - California
Alameda County
Commission A 2368195
Comm. Expires Jul 28, IlJ25
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I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

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SECTION 00300
C0I0010* 1 ION } XRD U%IPRON F NIFN I S 1111) FROPOS U. FORMS PROPER' C1 & EN IDE NCE IIUILDIM;
C11' GG 21- 13
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance NNith Public Contract Code Section 10162, the Bidder shall complete, under penaltt of perjurti, the follo s ing questionnaire:

Has the Bidder, an} officer of the Bidder, or am employee of the Bidder, who has a proprietar} interest in the Bidder, e%er been disqualified, removed, or otherwise pre% ented from bidding, on, or completing a federal, state, or local go% ernment project because of a N iolation of la%% or a safety regulation? Yes No X
if the answer is des, explain the circumstances in the folloli ing space.

PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance « ith Public Contract Code Section 10232, the Contractor hereb\ states under penalt, of perjur\, that no more than one final unappealable finding, of contempt of court bN a federal court has been issued against the Contractor \\ ithin the immediately preceding mo } ear period because of the Contractor' s failure to compl} \\ ith an order of federal court \ 0ich orders the Contractor to compl} x\ ith an order of the National Labor Relations Board.

NOTE: The aboxe Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification ma\ subject the certifier to criminal prosecution.

EA D OF .SF,C ' 710;\)
00300- 8
EXHiRIT R

CITY OF LATHROP

COMMUNITY WORKFORCE AND TRAINING AGREEMENT

CORPORATION YARD AND EVIDENCE FACILITY RETROFIT PROJECT

INTRODUCTION/ FINDINGS
This Agreement is entered into this 121h day of September 2022, by and between the City of Lathrop (" City"), together with its contractors and subcontractors of all tiers who shall become signatory to this Agreement by executing an " Agreement to be Bound" ( Addendum A) Contractor( s)/ Employer( s)"), and the San Joaquin Building and Construction Trades Council Council"), together with its affiliated local Unions who have executed this Agreement Union( s)").

The purpose of this Agreement is to promote the efficiency of construction operations for the City of Lathrop through the use of skilled labor resulting in quality construction outcomes, and to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project.

WHEREAS, the timely and successful completion of the Project is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work and will be represented by the Unions signatory to this Agreement and employed by contractors and subcontractors who are also signatory to this Agreement; and WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, it is recognized that on a project of this magnitude with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/ Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project and to encourage close cooperation among the Contractors/ Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to this Agreement; and
City of Lathrop
Community Workforce and Training Agreement
WHEREAS, the parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on the Project if Union and non -union workers of different employers were to work side by side on the Project, potentially leading to labor disputes that could delay completion of the Project; and
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractors/ Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of community members, local area residents and military veterans, and recognizes the ability of local apprentice readiness programs and apprenticeship programs to provide meaningful and sustainable career pathways to careers in the construction industry; and
WHEREAS, the Project will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of the Project.

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE I

DEFINITIONS

1. 1 " Agreement" means this Community Workforce and Training Agreement CTWA").

1. 2 " Agreement To Be Bound" means the agreement ( attached hereto as Addendum A) that shall be executed by each and every Contractor/Employer as a condition of working on the Project.

1. 3 " City" means the City of Lathrop and its City Council, officers, agents and employees, including managerial personnel.

1. 4 " Completion" means that point at which there is Final Acceptance by the City of a Construction Contract and the City has filed a Notice of Completion. For purposes of this definition, " Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.

City of Lathrop
Community Workforce and Training Agreement
2 1. 5 " Construction Contract" means the public works or improvement contract( s) including design -bid, design -build, lease -leaseback or other contracts under which construction of the Project is done) awarded by the City that are necessary to complete the Project.

1. 6 " Contractor( s)/ Employer( s)" or " Contractor( s)" or " Employer( s)" means any individual, firm, partnership or corporation ( including the prime contractor, general contractor, construction manager, project manager, design -build entity, lease -leaseback entity or equivalent entity), or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and enters into a contract with the City with respect to the construction of any part of the Project, under contract terms and conditions that are approved by the City and that incorporate this Agreement, and all contractors and subcontractors of any tier.

1. 7 " Council" means the San Joaquin Building and Construction Trades Council.

1. 8 " Master Agreement" or " Schedule A" means the Master Collective Bargaining Agreement of each craft Union signatory hereto.

1. 9 " Project" means the City' s Corporation Yard and Evidence Facility Retrofit Project. All Construction Contracts required to complete the Project shall be covered by this Agreement. The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement.

1. 10 " Project Manager" means the person( s) or entity( ies) designated by the City to oversee all phases of construction on the Project and the implementation of this Agreement.

1. 11 " Union" or " Unions" means the San Joaquin Building and Construction Trades Council and its affiliated Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations, whose names are subscribed hereto and who have through their officers executed this Agreement.

ARTICLE II

SCOPE OF AGREEMENT

2. 1 Parties: This Agreement applies to and is limited to all Contractors/ Employers performing Construction Contracts for the Project (including subcontractors at any tier), and their successors and assigns, the City, the Council and the Unions signatory to this Agreement.

2. 2 Applicability: This Agreement governs all Construction Contracts awarded for the Project. For purposes of this Agreement, Construction Contracts shall be considered Completed as set forth in Section 1. 4, except when the City directs a Contractor to engage in repairs, warranty work, modifications or punch list work under a Construction Contract or when a Contractor performs work under a change order for a Construction Contract.

2. 3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting, or repair of buildings, structures and other works, and related activities for the Project, that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary HVAC, landscaping and temporary City of Lathrop
Community Workforce and Training Agreement
3 fencing, pipelines ( including those in linear corridors built to serve the Project), pumps, pump stations, start- up, modular furniture installation, and final clean- up. Covered Work includes work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on -site or off -site batch plant constructed to supply materials to the Project.

2. 3. 1 This Agreement applies to any start- up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/ or subsystems for the Project performed after Completion, unless performed by City employees.

2. 3. 2 This Agreement covers all on -site fabrication work over which the City, Contractor( s)/ Employer( s), or subcontractor(s) possess the right of control ( including work done for the Project in any temporary yard or area established for the Project). This Agreement also covers any off -site work, including fabrication necessary for the Project, that is traditionally performed by any of the Unions and that is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union( s).

2. 3. 3 Except for the delivery of supplies, equipment or materials that are stockpiled for later use, this Agreement covers all construction trucking work, including the hauling and delivery of ready -mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off -hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excess fill, material and/ or mud. Contractor( s)/ Employer( s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten ( 10) days of written request or as required by the bid specifications.

2. 3. 4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the National Transient Lodge ( NTL) Articles of Agreement, the National Stack/ Chimney Agreement, the National Cooling Tower Agreement, the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles IV, XIV and XV of this Agreement shall apply to such work.

2. 4 Exclusions: The following shall be excluded from the scope of this Agreement.

2. 4. 1 This Agreement shall not apply to a Contractor/Employer' s non -construction craft executives, managerial employees, supervisors above the level of general foreman ( except those covered by existing Master Agreements), and administrative personnel.

2. 4. 2 This Agreement shall not apply to any non -Project work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, city, or other governmental bodies or their contractors. Work performed by public or private utilities, including all electrical utility, voice -data -video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building, shall be excluded. All electrical utility, voice -data -video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work.

Additionally, all contracted work performed ahead of the service entrance connection and main City of Lathrop
Community Workforce and Training Agreement
point of entry that is inside the property line that provides for access to the building via a conduit or series of conduits shall be Covered Work.

2.4. 3 This Agreement shall not apply to off -site maintenance of leased equipment and on -site supervision of such work.

2. 4. 4 This Agreement shall not apply to any work performed with the City' s own forces as permitted by the Public Contract Code.

2. 5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified bidder for the award of Construction Contracts under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement. It is further agreed that this Agreement shall be included in all invitations to bid or solicitations for proposals from contractors or subcontractors for the Project. A copy of all invitations to bid shall be provided to the Council at time of issuance.

ARTICLE III

EFFECT OF AGREEMENT

3. 1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

3. 2 By accepting the award of work under a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractors/ Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A.

3. 3 At the time that any Contractor/ Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/ Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract for the Project.

3. 4 This Agreement shall only be binding on the signatory parties hereto and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor/ Employer shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor( s)/ Employer( s) with respect to compliance with the terms of this Agreement shall not affect the rights, liabilities, obligations and duties between the Union( s) and other Contractor(s)/ Employer(s) party to this Agreement.

City of Lathrop
Community Workforce and Training Agreement

3. 5 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor( s)/ Employer( s) and the other Union( s) party to this Agreement.

3. 6 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/ or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement is inconsistent with a Schedule A, the provisions of this Agreement shall prevail. Where a provision of a Schedule A is not inconsistent with this Agreement, the provision of the Schedule A shall apply.

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4. 1. The Unions, the City, and the Contractor( s)/ Employer( s) covered by this Agreement agree that for the duration of the Project:

4. 1. 1 There shall be no strikes, sympathy strikes, work stoppages, picketing, hand billing or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or at any other facility of the City because of a dispute on the Project. Disputes arising between the Unions and Contractor( s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article.

4. 1. 2 There shall be no lockout of any kind by a Contractor/ Employer of workers employed on the Project.

4. 1. 3 If a Master Agreement expires before the Contractor/ Employer completes the performance of work under a Construction Contract and the Union or Contractor/ Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee( s) on the Project during the interim, with retroactive payment due within seven ( 7) calendar days ofthe effective date ofthe new or modified Master Agreement.

4. 1. 4 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/ Employer three ( 3) business days' notice when nonpayment of trust fund contributions has occurred, and one ( 1) business day' s notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck as a result of insufficient funds, of the intent to withhold labor from the Contractor/ Employer' s or their subcontractor' s workforce, during which time the Contractor/Employer may correct the default.

In this instance, a Union' s withholding of labor ( but not picketing) from a Contractor/Employer City of Lathrop
Community Workforce and Training Agreement
0 who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.

4. 1. 5 Notification: If the City contends that any Union has violated this Article, it will so notify, in writing, the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. A Union complying with this obligation shall not be held responsible for unauthorized acts of employees it represents.

4. 2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.

4. 2. 1 A party invoking this procedure shall notify David Weinberg, as the permanent arbitrator, or Robert Hirsch, as the alternate arbitrator under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 14. 4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.

4. 2. 2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty- four ( 24) hours if it is contended that the violation still exists.

4. 2. 3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator' s discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Section

4. 1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter ofjustification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three ( 3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen ( 15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article and other appropriate relief and such award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with an arbitrator' s award to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars 10,000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.

City of Lathrop
Community Workforce and Training Agreement
7 4. 2. 5 Such award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party.

In the proceeding to obtain a temporary order enforcing the arbitrator' s award as issued under this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte.

Such agreement does not waive any party' s right to participate in a hearing for a final order of enforcement. The Court' s order or orders enforcing the arbitrator' s award shall be served on all parties by hand or delivered by certified mail.

4. 2. 6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance, are waived by the parties.

4. 2. 7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.

4. 2. 9 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE V

MARK- UP MEETINGS

5. 1 Timing: The Project Manager shall convene and conduct, at a location and time mutually agreeable to the Council, a pre job conference or " mark- up meeting" with the Unions and with representatives of all involved Contractors/ Employers, who shall be prepared to announce craft assignments and to discuss in detail the scope of work and the other issues set forth below, at least fourteen ( 14) calendar days prior to:
a) The commencement of any Project work, and
b) The commencement of Project work on each subsequently awarded Construction Contract.

5. 2 The mark up meeting shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City may attend at their discretion.

5. 3 The mark up meeting shall include but not be limited to the following subjects:
a) A listing of each Contractor' s scope of work;
b) The craft assignments;
c) The estimated number of craft workers required to perform the work; d) Transportation arrangements;
e) The estimated start and completion dates of the work; and f) Discussion of pre -fabricated materials.

City of Lathrop
Community Workforce and Training Agreement
3 5. 4 Review Meetings: In order to ensure the terms of this Agreement are being fulfilled and all concerns pertaining to the City, the Unions, and the Contractors are addressed, the Project Manager, General Contractor, and senior executive of the Council, or designated representatives thereof, shall meet on a periodic basis during the term of Project construction.

The City and the Council shall have the right to call a meeting of the appropriate parties to ensure the terms of this Agreement are being fulfilled.

ARTICLE VI

NO DISCRIMINATION

6. 1 The Contractors/ Employers and the Unions agree to comply with all antidiscrimination provisions of federal, state and local law, to protect employees and applicants for employment, on the Project.

ARTICLE VII

UNION SECURITY

7. 1 The Contractors/Employers recognize the Unions as the sole bargaining representative of all craft employees working within the scope of this Agreement.

7. 2 The Contractors/ Employers shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non -union Contractor/ Employer to join a Union or to pay dues or fees to a Union as a condition of performing work for the Project; however, nothing in this Article is intended to supersede the requirements of the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/ Employers who are performing Covered Work.

7. 3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed for the Project.

ARTICLE VIII

REFERRAL

8. 1 Contractor( s)/ Employer( s) performing construction work for the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor( s)/ Employer( s) shall have the right to reject any applicant referred by the Union( s), in accordance with the applicable Master Agreement.

8. 2 Contractor( s)/ Employer( s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman it considers necessary and desirable, without such persons being referred by the Union( s) ( unless such craft construction employee is covered by an existing Master Agreement).

8. 3
In the event that referral facilities maintained by the Union( s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight ( 48) hour period Saturdays, Sundays and Holidays excluded) after such requisition is made by the City of Lathrop
Community Workforce and Training Agreement
W
Contractor/ Employer, the Contractor/ Employer shall be free to obtain the worker( s) from any source. A Contractor/Employer who hires a worker(s) to perform Covered Work for the Project pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker( s) and shall immediately refer such worker( s) to the appropriate Union to satisfy the requirements of Article VII of this Agreement.

ARTICLE IX

WAGES AND BENEFITS

9. 1 The Contractors/ Employers agree to pay contributions to the vacation, pension and/ or other form of deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement( s) for each hour worked on the Project, in the amounts designated in the Master Agreement( s) of the applicable local Union( s).

9. 2 By signing this Agreement, the Contractors/ Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 9. 1, which may from time to time be amended, specifying the detailed basis on which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/ Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if made by the Contractors/ Employers. The Contractors/ Employers agree to execute a separate subscription agreement( s) when such Trust Fund( s) requires such document( s).

9. 3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement.

Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

9. 4 Holiday Holidays shall be as set forth in the applicable Master Agreement.

ARTICLE X

APPRENTICES

10. 1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, the Con tractors/Employers shall employ apprentices from state -approved Joint Labor -Management Apprenticeship Programs in the respective crafts to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.

10. 2 The apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.

10. 3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft, provided they are properly supervised.

City of Lathrop
Community Workforce and Training Agreement
10 ARTICLE XI

LOCAL HIRE AND WORKFORCE DEVELOPMENT PROGRAM

11. 1 The objective of the City in creating this Local Hire and Workforce Development Program is to enhance and encourage employment opportunities for Lathrop residents and to enable effective construction career pathways for Local Area Residents through state -approved Joint Labor -Management Apprenticeship Programs. To that end, as part of the Agreement, the City establishes goals for the hiring, training and retention of Local Area Residents.

11. 2 Local Hire: The City establishes the following Local Hire goals and commitments.

11. 2. 1 The parties agree to make a good faith effort to refer on a priority basis, consistent with the non- discriminatory referral procedures of the applicable Union hiring hall, qualified and available Local Area Residents for Project work. The parties agree to a goal that City residents shall perform a minimum of fifty percent ( 50%) of the hours worked on the Project by the Contractors' total construction workforce. In the event that a sufficient number of City residents are not available to fulfill the fifty percent ( 50%) local hire requirement, the next tier of residents shall come from anywhere in San Joaquin County. The Contractor( s) shall make good faith efforts to reach this goal through the utilization of the Unions' hiring hall procedures. The Unions shall exercise their best efforts in the recruitment and training of City residents and in utilizing their hiring hall procedures to facilitate this goal.

11. 2. 2 The parties also recognize and support the City' s commitment to provide opportunities for participation on the Project to businesses located in the City of Lathrop. In furtherance of this commitment, the parties agree that Contractors who are not signatory to a Master Agreement but who have their principal place of business in the City may utilize their core" employees as follows.

The Contractor may request by name, and the local Union will honor, referral of the Contractor' s " core" employees who have applied to the local Union for Project work, and who demonstrate the following qualifications:
i. possess any license required by state or federal law for the Project work to be performed;
ii. have worked a total of at least two thousand ( 2, 000) hours in the construction craft during the prior two ( 2) years;
iii. were on the Contractor' s active payroll for at least ninety (90) out of the one hundred and twenty ( 120) calendar days prior to the contract award; iv. have the ability to perform safely the basic functions of the applicable trade; and
v. are City residents.

The Union will refer to such Contractor one journeyperson employee from the hiring hall out -of -work list for the affected trade or craft, and then will refer one of such Contractor' s " core" employees as a journeyperson, and shall repeat the process, one and one, until such Contractor' s crew requirements have been met or until such Contractor has hired five ( 5) " core" employees, City of Lathrop
Community Workforce and Training Agreement
whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out -of -work list( s). For the duration of the Contractor' s work, the ratio shall be maintained and when the Contractor' s workforce is reduced, employees shall, be reduced in the same ratio of "core" employees to hiring hall referrals as was applied in the initial hiring.

The Contractor shall notify the appropriate Union of the name and social security number of each " core" employee and each " core" employee shall register with the Union' s hiring hall and comply with Article VII before commencing Project work. If there is any question regarding an employee' s eligibility, the City, at a Union' s request, shall obtain satisfactory proof of such from the Contractor.

11. 3 Workforce Development Program:

11. 3. 1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, the Contractor( s)/ Employer( s) shall employ apprentices enrolled in a state -approved Joint Labor -Management Apprenticeship Program in the respective crafts to perform such work as is within their capabilities and which is customarily performed by the craft in which they are indentured. Apprentice ratios will be in compliance with the applicable provisions of the California Labor Code and Prevailing Wage Rate Determination.

11. 3. 2 The parties agree to a goal that fifty percent ( 50%) of apprentices employed on the Project shall be residents of the City or other Local Area Residents. If sufficient numbers of City residents are not available, then a good faith effort will be made to utilize residents of San Joaquin County. All apprentices referred to Contractors under this Agreement shall be enrolled in state -approved Joint Labor -Management Apprenticeship Programs. Subject to any legal restrictions, the parties agree to a goal that apprentices will perform twenty percent ( 20%) of the total craft hours worked on the Project unless an applicable Master Agreement provides for a greater percentage. The Unions agree to cooperate with the Contractors in furnishing apprentices as requested and they shall be properly supervised and paid in accordance with the provisions of the applicable Master Agreement.

11. 3. 3 The Contractors and Unions shall make good faith efforts to reach the apprenticeship goals set forth in this Section 11. 3 through the utilization of normal hiring hall and apprentice procedures and, when appropriate, the identification of potentially qualified apprentices through community -based organizations working in collaboration with the apprentice programs.

The Unions are committed to working with the Contractors and community based organizations to achieve these goals. At least annually, the Unions and the City will each conduct a Community Career Fair to provide at -risk youth, veterans and others an opportunity to learn about each craft and the process for entering their apprenticeship program.

11. 4 Good Faith Efforts: Contractors must take the following good faith steps to demonstrate they have made every effort to reach the Local Hire and Workforce Development Program goals of the City. Contractors shall attend scheduled mark- up meetings held under this Agreement and shall submit written workforce projections and projected work hours on a craft - by -craft basis.

City of Lathrop
Community Workforce and Training Agreement
12 11. 4. 1 Within seven ( 7) calendar days after receiving a Notice to Proceed, each Contractor shall meet with the Unions and the City to present its plan for reaching the Local Hire and Workforce Development Program goals.

11. 4. 2 Each Contractor shall notify the Project Manager by U.S. Mail or e- mail if a Union hiring hall cannot, upon request, dispatch Local Area Residents to the Project. It shall be the responsibility of the Contractor or subcontractor to retain all evidence of such good faith efforts.

11. 4. 3 The Contractors may use " name call," " rehire," or other available hiring hall procedures to reach the goals of this Article.

11. 5 Enforcement, Compliance, and Reporting_

11. 5. 1 Contractors will be required to submit weekly certified payroll records to the City along with monthly workforce utilization reports documenting the Contractor' s compliance with the requirements described in this, Article. At a minimum, the monthly reports must include: 1) data on City and Local Area Resident work hour utilization on the Project; and 2) documentation showing any requests made to the Union dispatchers for City and Local Area Residents and the Union' s response to the request.

11. 5. 2 City staff shall monitor the operation of the Local Hire and Workforce Development Program and shall consider allegations of noncompliance with the goals stated in this Article. If there is a determination by the City that a Contractor has not complied with the goals or demonstrated good faith efforts to do so, the City and the Contractor shall meet and confer in order to identify necessary actions to resolve the issue and ensure a good faith effort to achieve the objectives of this Article.

11. 5. 3 Upon request, the City shall provide the Council with the workforce utilization reports submitted by Contractors on the Project.

ARTICLE XII

HELMETS TO HARDHATS

12. 1 The Contractors/ Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter " Center") and the Center' s " Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

City of Lathrop
Community Workforce and Training Agreement
13 12. 2 The Unions and Contractors/ Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE XIII

COMPLIANCE

13. 1 It shall be the responsibility of the Contractors/ Employers and Unions to investigate and monitor compliance with the provisions of Article IX of this Agreement. Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/ or employee benefit Trust Funds to collect delinquent Trust Fund contributions from Contractors/ Employers on the Project. Because the Project is a public work subject to the California Labor Code, the City will monitor and enforce compliance with state prevailing wage requirements as well as the Contractors/ Employers' compliance with this Agreement.

ARTICLE XIV

GRIEVANCE ARBITRATION PROCEDURE

14. 1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/ Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article IV and Article XV, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.

14. 2 Employee Discipline: All disputes involving the discipline and/ or discharge of an employee working on the Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or discharged without just cause.

14. 3 No grievance shall be recognized unless the grieving party ( Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/ Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five ( 5) business days after becoming aware of the dispute but in no event more than thirty ( 30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.

14. 4 Grievances shall be settled according to the following procedures:

Step 1: Within five ( 5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/ her designee, and the representative of the involved Contractor/ Employer, shall confer and attempt to resolve the grievance.

Step 2: If the grievance is not resolved at Step 1, within five ( 5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union( s) involved and the Labor Relations Manager of the Contractor/Employer, or the City of Lathrop
Community Workforce and Training Agreement
14 Contractor/ Employer' s designated representative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five ( 5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five ( 5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article IV, or if not available, the alternate arbitrator designated in Article IV, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three ( 3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.

1. William Riker

2. Morris Davis

3. Carol Vendrillo

14. 5 The decision of the Arbitrator shall be final and binding on all parties. The Arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties. The Arbitrator shall arrange for a hearing on the earliest available date from the date of his/ her selection. A decision shall be given to the parties within five ( 5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding Arbitrator.

14. 6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/ or resolution of like or similar grievances or disputes.

14. 7
In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.

14. 8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union( s) may request that the City withhold and retain an amount from what is due and owing to the Contractor( s) against whom the grievance is filed, or its higher -tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union( s) prevail.

The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an Arbitrator shall so order.

City of Lathrop
Community Workforce and Training Agreement
15 14. 9 Should any ofthe arbitrators listed in this Article or Article IV no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE XV

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

15. 1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry ( the " Plan") or any successor Plan.

15. 2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.

15. 3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch and Thomas Pagan, and the Arbitrator' s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California, within fourteen ( 14) calendar days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

15. 4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow -down of any nature, and the Employer' s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge. Each Employer will conduct a prejob conference with the Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre job conferences for different Employers may be held together.

ARTICLE XVI

MANAGEMENT RIGHTS

16. 1 Consistent with the Schedule A agreements, the Contractors/ Employers shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that lawful manning provisions in the Master Agreement shall be recognized.

ARTICLE XVII

DRUG AND ALCOHOL TESTING

17. 1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/ or firearms at any time during the work day is prohibited.

City of Lathrop
Community Workforce and Training Agreement
16 17. 2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A.

ARTICLE XVIII

SAVINGS CLAUSE

18. 1 The parties agree that in the event any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.

18. 2 The parties agree that in the event a decision of a court of competent jurisdiction materially alters the terms of the Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

18. 3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/ or enjoins the City from complying with all or part of its provisions and the City accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.

ARTICLE XIX
TERM

19. 1 This Agreement shall be included in the bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract( s) for the Project.

19. 2 This Agreement shall apply until the Completion of the Project in accordance with Sections 1. 4 and 2. 2.

ARTICLE XX

MISCELLANEOUS PROVISIONS

20. 1 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures.

20. 2 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.

City of Lathrop
Community Workforce and Training Agreement
17 20. 3 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party' s draftsmanship thereof.

20. 4 All defined terms used in this Agreement shall be deemed to refer to the singular and/ or plural, in each instance as the context and/ or particular facts may require.

SIGNATURE PAGE TO FOLLOW]
City of Lathrop
Community Workforce and Training Agreement
1V

CITY OF LATHROP
By
Name: SIVP_--
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
Date:

Date:

SAN JOAQUIN BUILDING AND CONSTRUCTION

TRADES COUNCIL
9/ 30/ 2022
Date:

Name: Michael Mark Financial Secretary -Treasurer
City of Lathrop
Community Workforce and Training Agreement
19 UNION SIGNATURES
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3
I
arpente . AJ d" - -
District Council 16, International Union of
Painters and Allied Trades
Boilermakers, Local 549
cement Masons, Local 400
Heat and Frost Insulators and Allied Workers,
Local 16
International Brotherhood of Electrical International Union of Elevator —Constructors, Workers, Local 595 Local 8 I -
Iron Workers, Local 378
i
stgt,ts, px —_ - -
i -
perative Plasterers and Cement Masons,
Local 300
Sheet Metal Workers Local 104
Laborers, Local 73
Operating Engineers, Local 3 --
Roofers and Waterproofers, Local 81
Sign, Display and Allied Crafts. Loca1510
City of Lathrop
20 Cottununity Workforce and Training Agreement

UNION SIGNATURES
Bricklayers, Tilesetters and Allied _ ' Boilermakers, Local 549 Craftworkers, Local 3 ;
Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, i Pai a Allied Trades Local 16
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
L-- ...,_
Iron Workers, Local 378
8 Operative Plasterers and Cement Masons,
Local 300
Sheet Metal Workers, Local 104
i
Laborers, Local 73 -
Operating Engineers, Local 3
Roofers and Waterproofers, Local 81 i
i
1 Sign, Display and Allied Crafts, Local 510
20 City of Lathrop
Community Workforce and Training Agreement
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3

UNION SIGNATURES
Boilermakers, Local 549
Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
Iron Workers, Local 378 Laborers, Local 73
Operating Engineers, Local 3
Operative Plasterers and Cement Masons, i Roofers and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Local 510 City of Lathrop
Community Workforce and Training Agreement
20 UNION SIGNATURES
FBrickiaye7- r-s, j1--1esJ ters and Allied Boilermakers, Local 549 Craftworkers, Local 3
Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, I Painters and Allied Trades Local 16
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
Iron Workers, Locaf-YiA
j-MfflwrightstDcaHfM—
Laborers, Local 73
Operating Engineers, Local 3
Operative Plasterers and Cement Masons, I Roofers and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Local 510 City of Lathrop
Community Workforce and Training Agreement
WE

UNION SIGNATURES
Bricklayers, Tilesetters and Allied Boilermakers, Local 549 Craftworkers, Local 3

T --- I
carpentm 2236 Cement Masons, Local 4-00
District Council. 1-6, —International UnionofHeat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16 I
International Brotherhood of Elcctricai jInternational - Union -f. —Elevator Constructors, Workers, Local 595 Local 8 Iron Workers,
Localk-8 Operative Plasterers
and Cement Masons, Local 300
Sheet Metal
Workers, Local 104 Laborers, Local
73 Operating Engineers,
Local3 Roofers and
Waterproofers, Local 81 Sign. Display
and Allied Crafts, Local 510 20 City
of
Lathrop Community Workforce
and Training Agreement

UNION SIGNATURES
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3
District Council 16, International Union of
Painters and Allied Trades
i
International Brotherhood of Electrical
Workers, Local 595
Boilermakers, Local 549
Cement Masons, Local 400
Heat and Frost Insulators and Allied Workers,
Local 16
International Union of Elevator Constructors,
Local 8
Iron Workers, Loca1378 Laborers, Local 73
cal- 192— Operating Engineers, Local 3
f
Operative Plasterers and Cement Masons, Roofers and Waterproofers, Local 81 Local 300 I
Sheet Metal Workers, Local 104 Sign' Display and Allied Crafts, Local 510 i -
20 City of Lathrop
Community Workforce and Training Agreement

UNION SIGNATURES
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3
i
District Council 16, International Union of
I Painters and Allied Trades
Boilermakers, Local 549
i
I
Cement Masons, Local 400
Heat and Frost Insulators and Allied workers,
I Local 16
j International Brotherhood of Electrical ; International Union of Elevator Constructors, Workers, Local 595 j Local 8
1 Iron Workers, Local 378 Laborers, Local 73
i +
Operating Engineers, Local 3
I
Operative Plasterers and Cement Masons,
Local 300
Sheet Metal Workers, Local 104
Roofers and Waterproofers, Loca181
W
i
Sign, Display and Allied Crafts, Local 510
20 City of Lathrop
Community Workforce and Training Agreement

UNION SIGNATURES
Bricklayers. Tilesetters and Allied Boilermakers, Local 549 Cmftworkers, Local 3
enters Lees! 22 6— Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
International Brothorhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
Iron Workers, Local 3 8 - Laborers, Local ? 3
A4llvvrighhsi ocatiti2 Operating Engineers, Local 3
Operative Plasterers and Cement Masons, Roofers and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Local 510 City of Lathrop
Community Workforce and Training Agreement
20 Bricklayers, Tilesetters and Allied
Craftworkers, Local 3

UNION SIGNATURES
Boilermakers, Local 549
C n 3f Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
i
Iron Workers, Loca13 9 Laborers, Local 73
eal iew - Operating Engineers, Local 3
Operative Plasterers and Cement Masons, Roofers and Waterprooftts, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Loca1510 lit Wv CiQCCC
20 3: t,

UNION SIGNATURES
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3
District Council 16, International Union of
Painters and Allied Trades
International Brotherhood of Electrical
Workers, Local 595
i
Iron Workers, Loca1378
Boilermakers, Local 549
Cement Masons, Local 400
Heat and Frost Insulators and Allied Workers,
Local 16
i
International Union of Elevator Constructors,
Local
i
borers, Local 73 - - -
eal-4 _-- Operating Engineers, Local 3
Operative Plasterers and Cement Masons, Roofers and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Local 510 i
9C
City of Lathrop
Community Workforce and Training Agreement

UNION SIGNATURES
Bricklayers, Tilesetters and Allied Boilermakers, Local 549 i
Craftworkers, Local 3
C--A—FRet} tP-- -- - Cement Masons, Local 400 _ ----
i
I
G District Council 16, International Union of j Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
i
I
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Local 595 Local 8
Iron Workers, Local 378 j Laborers, Local 73
Operating Engineers, Local 3
j Operative Plasterers and Cement Masons, Roofers and Waterproofers, Local 81— Local 300
I
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Local 510 i
City of Lathrop
Community Workforce and Training Agreement
P
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3

UNION SIGNATURES
Boilermakers, Loca1549
Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators Painters and Allied Trades I Local 16
i
lnternationai Brotherhood of Electrical
Workers, Local 595
Iron Workers, Local 378
Allied Workers,
internationar union or nievator constructors,
Local 8
Laborers, Local 73
Operating Engineers, Local 3
Operative Plasterers and Cement Masons, Roofer$ and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104
J
Sign, Display and Allied Crafts, Local 510
City of Lathrop
Community Workforce and Training Agreement
20 UNION SIGNATURES
Bricklayers, Tilesetters and Allied Boilermakers, Local 549 Craft workers, Local 3
C-" nters Loeal-2236— Cement Masons, Local 400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
international Brotherhood of Electrical International Union of Elevator Constructors, ~' Workers, Local 595 Ltx.zil 8
iron Workers, Local 37$ Laborers, Local 73
Mivrights zaT iU2 { operating Engineers, Local 3
Operative Plasterers and Ccrnent Masons,
Local 300
Sheet Ivletal Workers, Local 104
Roufers and Wateroro firrs, Local 8l
Sign, Display and Allied Crafts, Local 510
20 City of Lathrop
Community Workforce and Training Agreement

UNION SIGNATURES
Bricklayers, Tilesetters and Allied
Craftworkers, Local 3
l
Boilermakers, Local 549
Cement Masons, Local 400
District Council 16, International Union of
Painters and Allied Trades
Heat and Frost Insulators and Allied Workers,
Local 16
l
i
I!_ International Brotherhood of Electrical
Workers, Local 595
I
International Union of Elevator Constructors,
Local 8
Iron Workers, Local 378 Laborers, Local 73
i
illwrightq 102-- Operating Engineers, Local 3
I
Operattve Plasterers and Cement Masons,
Local 300
Roofers and Watetp roofers, Local 81
Sheet Metal Workers, Local 104
i
Sign, Display and Al ied Crafts, Local 510
City of Lathrop
Community Workforce and Training Agreement
20 Teamsters, Local 439 _ United Association, Plumbers and Steamfitters, Local 442
United Association, Road Sprinkler Fitters, United Association, Underground Utility and Local 669 Landscape Irrigation, Local 355
City of Lathrop
Community Workforce and Training Agreement
21 Teamsters, Local 439
United Association, Road Sprinkler Fitters,
Loca1669 ' !
r
j United Association, Plumbers and
j Steamfitters, Local 442
I
I -
United Association, Underground Utility and
Landscape Irrigation, Local 355
21 City of Lathrop
Community Workforce and Training Agreement
Teamsters, Local 439 1 United Association, Plumbers and | Steamfitters. a] 442
o n omc mm, Utility and
m no abmo pmoa rz u. =~° a^~~~~ '.
om oo n 355
D ml689 ' u w w"_-`=_ , K
City nf Laftop
Community Workforce and Training Agreement
21 TniLed ii Roa,.! Sprinkler Fir ers,
t al 669
21 United A, sociation, Urderground Utility and
Va- dwapf- Irrigation, Li-,cil 355
City of Lathrop
Community Workforce and Training Agreement
Addendum A

AGREEMENT TO BE BOUND
Date]
Addressee]
Address]
Re: Agreement to be Bound by the City of Lathrop Community Workforce and Training Agreement
Dear Mr./Ms.

The undersigned confirms that it agrees to be a party to and bound by the City of Lathrop Community Workforce and Training Agreement (" Agreement"), as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section 9. 1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement( s) for such trust funds when such trust fund( s) require( s) such document( s).

The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement To Be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

PROJECT NAME:

CONTRACTOR/ SUBCONTRACTOR NAME:

California Contractor State License No. or Motor Carrier (CA) Permit No.:

Name of Authorized Person ( print):

Signature of Authorized Person:

Title of Authorized Person:

Telephone Number of Authorized Person:

Address of Authorized Person:

State Public Works Registration Number:

IM ANAGEA42003\ 0008\ 287114. v2- 7/ l 8/ 22
City of Lathrop
Community Workforce and Training Agreement
22

Lathrop City CouncilJune 12, 2023

Lathrop City Council
June 12, 2023