Lathrop City Council
August 14, 2023

202
CITY OF LATHROP— LDA PARTNERS, INC.

AMENDMENT NO. 1 ADDITIONAL DESIGN ENGINEERING SERVICES FOR THE LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:

City hereby agrees to pay CONSULTANT an additional cost of 178 625 for the services set forth in Exhibit " A" of this AMENDMENT NO. 1, with a total sum not to exceed of 398, 625 ($ 220, 000 for the original AGREEMENT, and $ 178, 625 for AMENDMENT NO. 1). CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S Authorized Representative prior to the commencement of the work.
3) Effective Date and Term
The effective date of AMENDMENT NO. 1 is August 14, 2023, and it shall terminate no later than June 30, 2024. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicabilitv to Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated May 3, 2023 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT NO. 1 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 1 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

203
CITY OF LATHROP— LDA PARTNERS, INC.

AMENDMENT NO. 1 ADDITIONAL DESIGN ENGINEERING SERVICES FOR THE LATHROP POLICE DEPARTMENT PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 Approved as to Form: City of Lathrop
City Attorney
io z3
Salva or Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: LDA Partners, Inc.
222 Central Court
Stockton, CA 95204
Fed ID # 82- 3027292
Lathrop Business License # 20900
Signature Date
Print Name and Title

204
EXHIBIT" a'

DESIGNERS & ARCHITECTS
20 June Z023
Mr. Ken Reed
Senior Construction Manager
City of Lathrop
390 Towne Centre Orive
Lathrop, CA 95330
Re: Lathrop Police Department Evidence Sto age
Oear Mr. Reed:

Thank you for your continued interest and trust in LOA Partners to help facilitate the design& construction of the proposed Lathrop Police Department Evidence Storage. Our proposal is based upon the assumption of the following scope of work:

ProJect Scope:

II. Added Project Scope- Design& Construction Documents III. Construction Administration
Phase II— Added Project S ope:

The proposed project includes additional services to include added improvements to the project to include design and construction document services for additional Phase il design elements for the Lathrop Police Evidence Storage 8uilding which include the following:

Site and building placement revisions
Monument Signage
Additional Electrical modifications
Ballistics Room
Updated HVAC systems
Building revisions per Public Worhs comments
All other existing provisions of our contract shall remain in place Phase III— Construdion Administration( to be billed hourly within allowance indicatedl I. Support during the Construction Phase to include:

Review/ respond to RFI' s
Submittal review
Review Potential Change Orders
Issue any RFIs or Constru tion Bulletins if necessary
Punchlist/ Project Closeout
Architectural services shall not consist of the following:

I. Reproduction Costs

2. Any fees required by this work.

3. Any testing or inspections required by this worh before, during or after construction.

4. On- site verification of utilities, building components etc.

5. LDA Partners cannot assume responsibility for construction means, methods, techniques, sequences or procedures, safety precautions, programs connected with the work, or for acts and omissions by the Contractor, subcontractors, or others.
b. Additional services beyond those listed herein.
222 Centrai Court, StocFston. CA 95Z04 I 204.943. 0405 p I 209.943.04' IS f ( L D A PA R T N E R 5. C O M 205

7. Additional services caused by project delays or interruption.

8. Additional services caused by Contractor errors or default in executing the construction project in a proper or timely manner.

9. Fire sprinkler design, engineering, and documents. To be performance criteria design- build.

10. Signage

11. Civil Design& Documents and Landscape Design& Documents

12. Power& data site infrastructure& site connections

13. Site lighting beyond limits of the Police Department Development.

14. Site utility investigation or potholing to determine location and/ or elevation of underground utilities. We anticipate relying on information to be provided by River Islands for all existing utilities and boundary information.

15. Geotechnical testing, reports, and investigations.

Ib. Any offsite improvements or easement acquisition.

17. Storm Water Quality Control Plan
I8. Public plan and profile

19. Site QSD/ QSP services

20. Revisions to conceptual plans, design development drawings, or construction documents, beyond the initial revisions contemplated herein. Any revisions beyond those contemplated will be performed on an hourly basis, in accordance with the schedule listed herein.
2' I. Non- Building Code Required Signage.

22. LEED documentation or design.

23. Design of communication tower.

24. Detailed material take- offs and costs estimates.

25. Completion of NRCA and NRCX forms.

26. Title Reports and supplemental documentation, ALTA Survey/ Record of Survey, 8oundary Survey. Ithe ClienYs Title Company should be contacted for the fees associated with these servicesl.

27. Planning and environmental studies, applications or permitting with local, state and federal agencies.

28. Encroachment Permit Fees and/ or Processing.

29. Joint Trench Plans/ Dry Utility Design/ Underground Electrical Design/ Site Lighting Design/ Gas Design.

30. Off- Site Analysis or Capacity Verification and/ or Design of Storm, Sewer, or Water Utilities. 3' I. Construction Noise Management Plan.

32. Final or Parcel Map preparation, submittal and processing.

33. Construction staking, inspection, observation, and reports

34. Dust Control/ Air Quality Control.

35. Notice of Termination preparation INOTI.

36. Hazardous Material Survey, Testing, or Abatement
The above services will for a fixed fee, in accordance with the listed schedule, as follows:

Additional Services: 5 73, 625
Construction Administration: 5' 105, 000
Total: 517B, 625
Reimbursable Expenses
Reimbursable expenses arelisted as an allowance and are in addition to the compensation for basic services and shall include the actual expenditures made by the Architect and his employees in the interest of the project at cost plus 10, which are itemized as follows:

Reproduction Costs
Shipping/ Postage
Telephone Charges
Computer Plotting
Mileage/ Travel
Lathrop Poli e Department Evidence Storage
Amendment' I
20 June 2023

206
Should our services be required in addition to these allocations, all additional services will be provided on an hourly basis, in accordance with the following schedule:

Architect
Principal Architect: 5280. 00/ hour
Project Manager/ Architect: 5250. 00/ hour
Planner: SZ00. 00/ hour
Designer/ Interior: S' 175. 00/ hour
Draftsperson: 5' I50. 00/ hour
Clerical/ Staff: 595. 00/ hour
Should the project be terminated or extended beyond sixty days from the date of this proposal, the Architect shall be compensated for all services performed to date. All work will be billed on a monthly basis for service performed to date. All monthly billings not paid within 30 days shall be considered past due, and shall accrue interest from the 3' Ist day at a rate of I- 1/ 2 per month or' 18% per annum. The Architect may at his discretion terminate services if payments are not made within 30 days. Changes to the scope of work shall be subject to renegotiation. This proposal is subject to renegotiation if not agreed upon within sixty I60) days.

Drawings and specifications as instruments of service, not products, shall remain the property of the Architect whether the project for which they are intended is executed or not. The Owner shall be permitted to retain opies of Architects work for information and reference in connection with the Owner' s use of the project. The drawings or other work shall not be used by the Owner or others, for other projects, for additions to the project or completion of the project by others, except by written agreement by Architect.

The Owner agrees to defend, indemnify, and hold the Architect, his employees, and consultants harmless from any claim or third party claim related to services for the Investigation of or remedial work related to asbestos, toxic, hazardous, and/ or dangerous materials resulting from the services provided by the Architect pursuant to this Agreement. Should any litigation be commenced between the parties hereto concerning any provision of this Agreement or the rights and obligations of either in relation thereto, the party, the Owner, or the Architect prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney' s fees and court costs as incurred in such litigation, as determined by a court of competent jurisdiction.

Services provided by the Architect and his Consultants will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Architects are licensed and regulated by the California Architects 8oard located at 2420 Del Paso Road, Suite ' 105, Sacramento, CA 95834.

Our office looks forward to the continued opportunity to work with you and the City, to achieve yet another suc essful project. If you have any questions, please let me know.

Cordially.

Eric Wohle, A.I. A.

President. LDA Partners, Inc.

Lathrop Police Department Evidence Storage
Amendment 1
20 June 2023

207
208
ITEM 4. 13

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL SERVICES
AGREEMENT WITH LDA PARTNERS, INC. FOR
THE LATHROP ANIMAL CENTER, CIP GG 23- 11
RECOMMENDATION: Adopt Resolution Approving a Professional Services Agreement with LDA Partners, Inc.,
for Design and Construction Services for the
Lathrop Animal Center, CIP GG 23- ii
SUMMARY:

On January 9, 2023, the City approved creation of Capital Improvement Project ( CIP) GG 23- 11 ( Project), Lathrop Animal Center and approved an inter- fund loan.

Approval of a Professional Services Agreement ( PSA) with LDA Partners, Inc. ( LDA), in the amount of $ 850, 000 is requested for the design and construction document services for the Lathrop Animal Center.

Due to LDA' s familiarity with the overall goals of CIP GG 23- 11 and involvement for the past several months in the site' s layout and other components of this project, staff solicited and received a proposal from LDA, to prepare the design and construction documents.

Sufficient funds have been allocated in FY 23/ 24 approved budget.

BACKGROUND:

The City of Lathrop' s ( City) animal center services were provided by the City of Manteca via contract until contract expiration on September 30, 2022. On October 10, 2022, City Council approved the creation of CIP GG 21- 13, Temporary Animal Center, and funding of $ 502, 000 for the design and construction of the temporary facility.

The temporary facility was constructed at the Corporation Yard under CIP GG 21- 13, Corporation Yard Remodeling, and provides a building and storage facilities for the temporary centering and care of animals under the purview of Lathrop Animal Services until a permanent facility is designed and constructed. The City- owned parcel at the southeast corner of Louise Avenue and Howland Road has been selected for the site of the permanent animal Center.

On ) anuary 9, 2023, the City approved creation of CIP GG 23- 11, Lathrop Animal Center and approved an inter- fund loan of $ 7, 498, 000 from the General Fund Reserves to fund the design and construction of the project. 209
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PSA WITH LDA PARTNERS, INC. FOR THE LATHROP ANIMAL CENTER, CIP GG 23- i1
REASON FOR RECOMMENDATION:

The proposed services with LDA will allow staff to move forward with the design phase and construction of the Project.

FISCAL IMPACT:

No fiscal impact. Sufficient funds have been allocated in FY 23/ 24 approved budget for the PSA with LDA for $ 850, 000.

ATTACH M ENTS:

A. Adopt Resolution Approving a Professional Services Agreement with LDA Partners, Inc., for Design and Construction Document Services for the Lathrop Animal Center, CIP GG 23- 11
B. Professional Services Agreement with LDA Partners, Inc., for Design and Construction Document Services for the Lathrop Animal Center, CIP GG 23- 11 210
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PSA WITH LDA PARTNERS, INC. FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11
APPROVALS:
r 3 - Z- ZC Z3
Ken Reed Date
Senior Construction Manager
3/
Brad aylor Date
City Engineer
L
Cari ) Date
Direct r f Finance
8 • 2 • 2 02 3
Michael King Date
Assistant ' y Manager
g C"I2
Salvador Navarrete Date
City Attorney
po2 Qj-- 1 - 20Z3
Stephen J. Salvatore Date
City Manager
211
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH LDA PARTNERS, INC., FOR DESIGN AND CONSTRUCTION SERVICES FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11
WHEREAS, on October 10, 2022, City Council approved the creation of CIP GG 22- 36, Temporary Animal Center, and funding of $ 502, 000 for the design and construction of this temporary facility; and
WHEREAS, the temporary facility was constructed at the Corporation Yard under CIP GG 21- 13, Corporation Yard Remodeling, and provides a building and storage facilities for the temporary centering and care of animals under the purview of Lathrop Animal Services until a permanent facility is designed and constructed; and
WHEREAS, on January 9, 2023, the City Council approved creation of CIP GG 23- 11, the new Lathrop Animal Center and approved an inter- fund loan of$ 7, 498, 000 from the General Fund Reserves to fund the design and construction of the project; and
WHEREAS, approval of a Professional Services Agreement ( PSA) with LDA Partners, Inc. ( LDA), in the amount of $ 850, 000 is needed for LDA to provide design and construction document services for the Lathrop Animal Center; and WHEREAS, sufficient funds have been allocated in FY 23/ 24 approved budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a Professional Services Agreement with LDA Partners, Inc., in the amount of $850, 000 to provide for LDA to provide design and construction document services for the Lathrop Animal Center, CIP GG 23- 11. 212
The foregoing resolution was passed and adopted this 14th day of August 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 213

ATTACHMENT

CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH LDA PARTNERS, INC.

TO PERFORM DESIGN AND CONSTRUCTION DOCUMENT SERVICES FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11
THIS AGREEMENT, dated for convenience this 14t'' day of August 2023, is by and between LDA Partners, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Design and Construction Document Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Design and Construction Document Services, as hereinafter defined, on the following terms and conditions.

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

AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Design and Construction Document Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY'S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY. 2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed 850 000, for the Design and Construction Document Services set forth in Exhibit" A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY's authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis. 3) Effective Date and Term
The effective date of this Agreement is August 14, 2023, and it shall terminate no later than June 30, 2025.

214
CITY OF LATHROP- LDA PARTNERS, INC.

PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billinqs
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual perForming said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services perFormed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement. CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Auditinq
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement.

CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the requirement. CONSULTANT further agrees to maintain such records for a period of three ( 3) years after final payment under this agreement.

215
CITY OF LATHROP— LDA PARTNERS, INC.

PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 8) Assiqnment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and on the qualifications of CONSULTANT' s principals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Eric Wohle. CITY shall be notified by CONSULTANT of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' s sole discretion, and shall be notified by CONSULTANT of any changes of CONSULTANT' s project staff prior to any change. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
9) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY'S authorized representative.

CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative. 10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.

216
CITY OF LATHROP- LDA PARTNERS, INC.

PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 b) Commercial General and Automobile Liabilitv Insurance. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars ($ 2, 000, 000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

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

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.

217
CITY OF LATHROP- LDA PARTNERS, INC.

PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals perForming work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2, 000,000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self- insured retention shall not exceed $ 150, 000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:

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

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

3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.

The CITY shall have the right to exercise at the
CONSULTANT' S cost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew
the coverage.

4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of any
work under this Agreement.
d) Deductibles and Self-Insured Retentions. CONSULTANT shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers.

218
CITY OF LATHROP- LDA PARTNERS, INC.

PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections( a), ( b), or( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
11) Indemnification - CONSULTANT' S Responsibilitv
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform. Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession. CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers.

219
CITY OF LATHROP— LDA PARTNERS, INC.

PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
15) Fundinq
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

220
CITY OF LATHROP- LDA PARTNERS, INC.

PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant: LDA Partners, Inc.
222 Central Court
Stockton, CA 95204
Phone: ( 209) 943- 0405
17) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. d) Definitions. The definitions and terms are as defined in these specifications. e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

221
CITY OF LATHROP- LDA PARTNERS, INC.

PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 i) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
j) Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY. Upon CITY' s request, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' s regular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

I) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last.

If the time in which an act is to be perFormed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p) 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.
q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.

222
CITY OF LATHROP— LDA PARTNERS, INC.

PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 19) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

223
CITY OF LATHROP— LDA PARTNERS, INC.

PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 Approved as to Form: City of Lathrop
Cit Atto
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: LDA Partners, Inc.
222 Central Court
Stockton, CA 95204
Fed ID # 82- 3027292
Lathrop Business License # 20900
Signature Date
Print Name and Title

224
EXHIBIT "" "

DESIGNERS & ARCHITECTS
I June 2023
Mr. Ken Reed
Senior Construction Manager
City of Lathrop
390 Towne Centre Drive
Lathrop. CA 95330
Re: LathropAnimalShelter
Dear Mr. Reed:

Thank you for your continued interest and trust in LDA Partners to help facilitate the design& construction of the proposed Lathrop Animal Shelter. We are pleased to forward this proposal for design& construction document services. We propose to provide services in accordance with the following and is based upon the assumption of the following scope of work:

ProJect Detalls
Construction Budget= 57.500.000. No LEED requirement, Project to meet Cal Green mandatory measures. The project is intended as a single story building on approximately 2 acres at the Southeast corner of Louise Ave& Howland Rd. within the City of Lathrop. The total interior building square footage is approx. 7,000 square feet Isf, along with associated covered areas.

ProJect Scope:

I. Programming/ Conceptual Design
II. Design Development& Construction Documents
III. Construction Administration
Standard Scope of Services:

Schematic Design, Design Development, Construction Documents, Bid and Award, Construction Administration, Closeout, Cost Estimates, Services provided would include complete design services including: civil, lands aping, architectural, animal sheltering, structural, mechanical, plumbing, electrical, and cost estimating.

Scope of Services
IA. Program Revlew
A. Review the existing City of Lathrop animal services needs to establish basis of facility needs.

B. Review and validate data and information to establish a defined program and space needs.

C. Facilitate meetings with City staff, to develop basic components and planning of the building program, and site.

D. Provide conceptual floor plan study to determine site viability.

E. Review and recommend proposed building systems and structure to accommodate proposed design.

F. Provide updated programming documents.

IB. Schematic Design Phase
A. Create conceptual floor plan& exterior elevations,& renderings.

B. Create a comprehensive Site Plan.

C. Provide topographic survey with utility locations.

D. Provide geotechnical report for subject site and building design.

E. Facilitate meetings with City staff to review building square footage, required utilities, drainage, zoning, and entitlement needs, to develop Schematic Design Documents.

ZZZ Central Court, Stockton. CA 45Z04 ( Z09 943 0405 p I Z09.943 04' 15 f I L D A PA R T N E R S. C 0 M 225
F. Obtain, review, and provide Design that meets the applicable Building Codes, City Standards, Entitlement documents, and City guidelines for Design.

G. Facilitate meetings with City staff to develop Furniture/ Fi ure/ Equipment IFFEI list.

H. Attend up to 2 City Planning Commission and/ or Council meetings and address points of clarification regarding the project.

I. Prepare and submit package for Planning department review, including architectural plans/ sections/ elevations, materials and color board, and preliminary grading/ drainage/ SWPPP plans. Refer to City of Lathrop Planning Submittal Requirements.

J. Meet with City departments as required for Planning review and approval. Prepare and revise documents as necessary.

K. Prepare 30 Schematic Design package for City Council approval.

L. Prepare Cost Estimate with 30%Schematic Design drawings.

II. Design Development Phase Services.

A. Facilitate meetings with City staff to develop Design Development Documents.

B. Update( FFEI list.

C. Prepare and submit Design Development Documents, including: site plans ICivil, Architectural, Lighting, Landscapel, floor plans/ elevations/ sections IArchitectural, Structural. MEP. Fire Protectionl, materials and color boards, specifications, and product literature/ cut sheets.

D. Prepare and submit 60% DD drawings to the City for review& comment E. Prepare Cost Estimate with 60% Design drawings.

III. Constructfon Documents/ Bidding& Award Services.

A. Fa ilitate and record meetings with City staff to develop Construction Documents.

B. Prepare and submit copy and PDF of 90% drawings and specifications.

C. Prepare and submit Cost Estimate with 90% Design drawings.

D. Prepare and submit to Building Department omplete set of Documents.

E. Correct Documents to reflect issues noted by Review for Permit, and resubmit.

F. Prepare and submit copy and PDF of final approved Specifications and Drawings for bidding. Respond to bidder' s questions.

G. Attend pre- bid meeting and bid opening.

H. Prepare addenda as required.

IV. Constructlon Administratlon& Closeout Services.

A. Attend weekly construction meetings, and observe construction.

B. Consultants to visit construction site, observe, and provide written site visit notes, at periodic intervals.

C. Review and respond Requests for Information( RFII.

D. Issue Architectural Supplemental Instructions( ASII.

E. Review Submittals and shop drawings as required per CM.

F. Provide comment on Request for Change Order IRCOI. as determined by CM or City.

G. Review Punch lists, produce punch lists for specific animal care items.

H. Review commissioning reports.

I. Provide support services as needed during the project close- out process.

J. Issue Final Completion and Acceptance letter to the City.

Lathrop Animal Shelter
I June 2023

226
Exclusions
Scope of work for this proposal shall not include:

I. Hazardous materials investigations, surveys or abatement.

2. All reproduction costs.

3. Any governmental, regulatory, or permitting fees required by this work.

4. Revisions to conceptual plans, design development drawings, or construction documents, beyond the initial revisions contemplated herein. Any revisions beyond those contemplated will be performed on an hourly basis, in accordance with the schedule listed herein.

5. LDA Partners, inc., cannot assume responsibility for construction means, methods, techniques, sequences or procedures, safety precautions, programs connected with the work, or for acts and omissions by the Contractor, subcontractors, or others.
b. Additional services caused by project delays or interruption.

7. Additional services caused by Contractor errors or default in executing the construction project in a proper or timely manner.

8. LDA Partners, Inc. will not be providing inspections or testing before, during or after construction.

9. LEED design, documents, or Cal Green Commissioning.

10. Modifications required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents.
i' i. Modifications inconsistent with approvals or instructions previously given by the City.

12. Modifications required as a result of bids being greater than third party cost estimates ( such as construction managerl.

13. Providing services required due to significant Project scope changes, including, but not limited to, size, quality, complexity, the approved Project schedule, or the method of bidding or negotiating and contracting for construction.

14. Services related to any modification, redesign. or reconstruction of improvements beyond the Project boundary including walkways, parking, fencing, landscaping, other existing stru tures or buildings.

15. Off- Site Analysis, testing, or Capacity Verification and/ or Design of Storm, Sewer, or Water Utilities.

16. Radio System, Telephone System, Specialized VSSI i. e. Thermal or IR cameras. Video Analytics) , Audio Visual Systems, Owner Furnished Owner Installed IOFOII Systems

17. Servi es related to public art selection, engineering, construction, fabrication, assessment, or installation.

18. Preparation of communication, marketing and fundraising materials including flyers, kiosks, animations, artist renderings, physical presentation models, videos, web design and content.

19. Services related to entitlements and/ or environmental clearance, including applications for variances or modifications to CEQA clearances already obtained.

20. Design of building management system or temperature control system. ( low voltage cabling is included with this proposal

21. Title Reports and supplemental documentation, ALTA Survey/ Record of Survey, Boundary Survey. Ithe ClienYs Title Company should be contacted for the fees associated with these servicesl.

22. Off- Site frontage Improvements other than utility connections in street and driveways

23. Any offsite improvements or easement acquisition.

24. Storm Water Quality Control Plan
Z5. Public plan and profile
zb. Site QSD/ QSP services

27. Design or modification of dry or wet utility connections. in the street

28. On- site verification of hidden utilities, building components etc.

29. Design of voice/ data equipment ILAN, WAN, PBX, phones, etcl.

30. Construction Administration support services to be provided hourly with the Not to Exceed Allowance. Additional services beyond this allowance shall be billed as an additional service. 3' I. Preparing as- built documents.

32. Traffic Studies

33. Fire sprinkler design, engineering, and documents. To be performance criteria design- build.

34. Joint Trench Plans/ Dry Utility Design/ Underground Electrical Design/ Gas Design.

35. Construction staking, inspection, observation, and reports Lathrop Animal Shelter
I June 2023

227

36. Non- Building Code Required Signage.

37. Power& data site infrastructure& site connections

38. Site utility investigation or potholing to determine location and/ or elevation of underground utilities. We anticipate relying on information to be provided by the City for all existing utilities and boundary information.

39. Design of communication tower.

40. Completion of NRCA and NRCX forms.
4' i. Planning and environmental studies, applications or permitting with local, state and federal agencies. 4Z. Final or Parcel Map preparation, submittal and processing.

43. Dust Control/ Air Quality Control.

44. Additional services beyond those listed herein.

45. Geotechnical testing. reports, and investigations.

PROPOSEO FEE FOR ARCHITECTURAL SERVICES
The above se vices urill be performed for a fixed fee. Time expended in the inte est of the project beyond the allocations indicated be%m urill be billed on an hourly basis in accordance urith the attached fee schedule:

I. Programming/ Conceptual Design: S175, 000
II. Design Development: S' 195, 000
III. Construction Documents: 5320, 000
IV. Construction Administration: S' 145, 000
V. Reimbursable Allowance: 5' I5. 000
Total: 850,000
Reimbursable Expenses
Reimbursable expenses are listed as an allowance and are in addition to the compensation for basic services and shall include the actual expenditures made by the Architect and his employees in the interest of the project at cost plus 10%, which are itemized as follows: Unused portions of the Reimbursable Allowance will be credited bacFs to the City.

Reproduction Costs
Shipping/ Postage
Telephone Charges
Computer Plotting
Mileage/ Travel outside of San Joaquin County
Should our services be required in addition to these allocations, all additional services will be provided on an hourly basis, in accordance with the following schedule:

Archited
Principal Architect: Z80. 00/ hour
Project Manager/ Archite t: 5250. 00/ hour
Planner: 5200. 00/ hour
Designer/ Interior: S' I75. 00/ hour
Draftsperson: S' I50.00/ hour
Clerical/ Staff: 595. 00/ hour
Should the project be terminated or extended beyond si y days from the date of this proposal, the Architect shall be compensated for all services performed to date. All work will be billed on a monthly basis for service performed to date. All monthly billings not paid within 30 days shall be considered past due, and shall accrue interest from the 3' Ist day at a rate of I-' I/ 2 per month or 18% per annum. The Architect may at his discretion terminate services if payments are not made within 30 days. Changes to the scope of work shall be subject to renegotiation. This proposal is subject to renegotiation if not agreed upon within sixty I60) days.

Lathrop Animal Shelter
I June 2023

228
Drawings and specifications as instruments of service, not products, shall remain the property of the Architect whether the project for whi h they are intended is executed or not. The Owner shall be permitted to retain copies of Architects work for information and reference in connection with the Owner' s use of the project. The drawings or other work shall not be used by the Owner or others, for other projects, for additions to the project or completion of the project by others, except by written agreement by Architect.

The Owner agrees to defend, indemnify, and hold the Architect, his employees, and consultants harmless from any claim or third party claim related to services for the Investigation of or remediai work related to asbestos, toxic, hazardous, and/ or dangerous materials resulting from the services provided by the Architect pursuant to this Agreement. Should any litigation be commenced between the parties hereto concerning any provision of this Agreement or the rights and obtigations of either in relation thereto, the party, the Owner, or the Architect prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney' s fees and court costs as incurred in such litigation, as determined by a court of competent jurisdiction.

Services provided by the Architect and his Consultants will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95B34.

Our office looks forward to the continued opportunity to work with you and the City, to achieve another successful project. If you have any questions, piease let me know.

Cordially,
Eric Wohle, A. I. A.

President
LDA Partners. Inc.

Lathrop Animal Shelter
I June 2023

229
230
ITEM 4. 14

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY AMENDMENT NO. 2 WITH CAROLLO
ENGINEERS, INC. FOR AQUIFER STORAGE AND
RECOVERY, CIP PW 22- 36
RECOMMENDATION: Adopt Resolution Ratifying Amendment No. 2 with Carollo Engineers, Inc., for Aquifer and
Storage Recovery, CIP PW 22- 36
SUMMARY:

On January 10, 2022, City Council approved the creation of Capital Improvement Project ( CIP) PW 22- 36, Aquifer Storage and Recovery ( ASR), including a Professional Services Agreement ( PSA) with Carollo Engineers, Inc. ( Carollo) to complete an engineering feasibility study and preliminary project design. In April 2023, Amendment No. 1 was approved with Carollo for tasks related to the design and bidding phases of the project.

Additional services are necessary to incorporate the grant administration support and replace the first paragraph under Amendment No. 1, Task 2. 4, Monitoring Well Installation and Analyses to increase the target drilling depth of a new monitoring well from 900 feet to 1, 250 feet below ground surface ( BGS), which is anticipated to significantly increase the capacity of the ASR well. Because the drilling contractor became available in mid- July, about a month earlier than anticipated, approval of the additional target depth and associated Amendment No. 2 was approved by the City Manager. Ratification of Amendment No. 2 is requested.

Staff is requesting City Council ratify Amendment No. 2 in the amount of $ 83, 160 with Carollo. Sufficient funds have been allocated in the approved fiscal year budget 23/ 24.

BACKGROUND:

The City' s drinking water comes from two sources, local groundwater and surface water purchased from the South San Joaquin Irrigation District ( SSJID). The City' s water supply historically has been reliable and staff has taken the necessary steps to plan for future growth and the corresponding water needs. An ASR project allows for improved reliability of the City' s water supplies by pumping and storing surface water purchased from the SSJID during wet seasons into the ground for subsequent recovery and use during dry seasons, times of drought, or water supply shortage.

On December 12, 2022 Council approved a resolution authorizing a grant application, acceptance and execution for grant funding through the 2022 Urban Community Drought Relief Grant Program ( UCDRGP) administered by the Department of Water Resources ( DWR).
231
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL RE6ULAR MEETING
RATIFY AMENDMENT NO. 2 WITH CAROLLO ENGINEERS, INC. FOR AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36
On June 9, 2023 DWR issued the Award Notification to the City to inform that the City of Lathrop was awarded $ 4, 500, 000 for the UCDRGP.

Ratification of Amendment No. 2 with Carollo is requested for the additional tasks needed for grant administration support and to add additional depth for a second monitoring well.

REASON FOR RECOMMENDATION:

Ratification of Amendment No. 2 with Carollo in the amount of $ 83, 160 is recommended to include the following services:

Amend Task 2. 4, under Amendment No. 1 to increase the target drilling depth of the new monitoring well from 900 feet to 1, 250 feet below ground surface in anticipation of confirming the presence of sand and gravel in the aquifer that could significantly increase the capacity of the ASR well Add Grant Administration Support tasks to assist staff to comply with the grant funding requirements.

FISCAL IMPACT:

No fiscal impact. SufFicient funds have been allocated in the approved fiscal year budget 23/ 24.

ATTACH M ENTS:

A. Resolution Ratifying Amendment No. 2 with Carollo Engineers, Inc., for Aquifer and Storage Recovery Well Design Services, CIP PW 22- 36 B. Amendment No. 2 with Carollo Engineers, Inc. for Aquifer Storage and Recovery Well Design Services , CIP PW 22- 36
232
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
RATIFY AMENDMENT NO. 2 WITH CAROLLO ENGINEERS, INC. FOR AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36
APPROVALS:

O ZS 2023
Greg Gib n Date
Senior ivil Engineer
1 2 6 2 L3
Brad T lor Date
City Engineer
Cari Jam s Date
Finance D' re tor
g• Z• Zot3
Michael King Date
Assistant City Manager
6` Z
Salvador Navarrete Date
City Attorney
8- 3- z3
St phen J. Salvatore Date
City Manager
233
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC., FOR AQUIFER AND STORAGE RECOVERY, CIP PW 22- 36
WHEREAS, on January 10, 2022, City Council approved the creation of Capital Improvement Project ( CIP) PW 22- 36, Aquifer Storage and Recovery ( ASR), including a Professional Services Agreement ( PSA) with Carollo Engineers, Inc. ( Carollo) to complete an engineering feasibility study and preliminary project design; and WHEREAS, in April 2023, Amendment No. 1 was approved with Carollo for tasks related to the design and bidding phases of the project; and WHEREAS, additional services are necessary to incorporate the grant administration support and replace the first paragraph under Amendment No. 1, Task

2. 4, Monitoring Well Installation and Analyses to add approximately 350 feet of additional depth for a second on- site monitoring well that could significantly increase the capacity for the ASR well; and
WHEREAS, because the drilling contractor became available in mid- July, about a month earlier than anticipated, approval of the additional target depth and associated Amendment No. 2 was provided by the City Manager, and ratification of Amendment No. 2 is requested; and
WHEREAS, ratification of Amendment No. 2 with Carollo in the amount of 83, 160 is recommended to include the following services:

Amend Task 2. 4, under Amendment No. 1 to increase the target drilling depth of the new monitoring well from 900 feet to 1, 250 feet below ground surface in anticipation of confirming the presence of sand and gravel in the aquifer that could significantly increase the capacity of the ASR well
Add Grant Administration Support tasks to assist staff comply with the grant funding requirements; and
WHEREAS, sufficient funds have been allocated in the approved fiscal year budget 23/ 24.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify Amendment No. 2 with Carollo Engineers, Inc. in the amount of 83, 160 for grant administration support services and to add additional depth for a second monitoring well planned, CIP PW 22- 36 Aquifer Storage and Recovery. 234
The foregoing resolution was passed and adopted this 14th day of August 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 235

ATTACHMENT
AMENDMENT NO. 2

TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
CAROLLO ENGINEERS, INC.

TO PROVIDE THE LATHROP AQUIFER STORAGE AND RECOVERY
WELL DESIGN SERVICES, CIP PW 22- 36
THIS AMENDMENT ( hereinafter " AMENDMENT NO. 2") to the agreement between Carollo Engineers, Inc., and the City of Lathrop dated January 10, 2022 hereinafter " AGREEMENT") dated for convenience this 14th day of August 2023, is by and between Carollo Engineers, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services for the City of Lathrop, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on January 10, 2022, CONSULTANT and CITY entered into an AGREEMENT to provide the Lathrop Aquifer Storage and Recovery and Feasibility Study and Funding Support, CIP PW 22- 36, notto exceed $ 301, 744; and WHEREAS, on April 10, 2023, CONSULTANT and CITY entered into Amendment No. 1 for the AGREEMENT to provide the Lathrop Aquifer Storage and Recovery Well Design Services, CIP PW 22- 36, not to exceed $ 1, 547, 242; and WHEREAS, CONSULTANT provided scope of work attached hereto as Exhibit "A" for AMENDMENT NO. 2 for additional Lathrop Aquifer Storage and Recovery Well Design Services, CIP PW 22- 36.

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

AMENDMENT NO. 2 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT and AMENDMENT N0. 1 for Consulting is hereby amended to add the following:

CONSULTANT agrees to perform Engineering Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" in addition to the scope of work in the original AGREEMENT dated January 10, 2022, and AMENDMENT N0. 1 dated April 10, 2023 ( as amended).

Page
2361 of 3
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT AMENDMENT NO. 2

WITH CAROLLO FOR LATHROP AQUIFER STORAGE AND RECOVERY WELL DESIGN SERVICES, CIP PW 22- 36
CONSULTANT agrees to diligently perform these services in accordance with the standards of its profession and to CITY'S satisfaction. 2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:

City hereby agrees to pay CONSULTANT an additional sum of 83160 for services listed of Exhibit " A" of this AMENDMENT N0. 2, with a total sum not to exceed of $ 1, 932, 146 ($ 301, 744 for the original AGREEMENT, $ 1, 547, 242 for AMENDMENT N0. 1 and $ 83, 160 for AMENDMENT N0. 2). CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work, AMENDMENT N0. 1 and this AMENDMENT N0.2 unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S Authorized Representative prior to the commencement of the work.
3) Effective Date and Term
The effective date of AMENDMENT NO. 1 is August 14t'', 2023, and it shall terminate no later than June 30, 2026. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicability to Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated January 10th, 2022 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT N0. 2 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT N0. 2 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Page
237
2 of 3
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT AMENDMENT NO. 2

WITH CAROLLO FOR LATHROP AQUIFER STORAGE AND RECOVERY WELL DESIGN SERVICES, CIP PW 22- 36
Approved as to Form: City of Lathrop
City Attorney
t.y - Zp z
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
Assistant City Manager Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Carollo Engineers, Inc.
2880 Gateway Oaks Drive, Suite 300
Sacramento, CA 95833
Federal ID #
Business License #
Signature Date
Print Name and Title
Signature Date
Print Name and Title

238
w N
2& 30 Gate vay Oaks Drive, ui?e sr0
acramer? c. Ca forria 958? 3
C
r„
P 91- 565- 4 88
V L caroilo. com
July 25, 2023
Mr. Greg Gibson
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Aquifer Storage and Recovery Design Services ( CIP PW 22- 36)— Amendment No. 2 Dear Greg:

As summarized in the June 21, 2023 Technical Memorandum, Stewart Site— Justification for the Cost of Expforation Drilling from 900 to 1, 250 feet Below Ground, the aquifer storage and recovery ( ASR) well design team believes that there are benefits to increasing the depth of the exploratory drilling for Monitoring Well No. 2 ( MW2) to 1, 250 feet below ground surface ( BGS). The potential benefits to this increased drilling depth are based on evaluation of newly available hydrogeological data that were not available during preparation of Amendment 1.

The estimated cost to drill the additional 350 ft( relative to 900 feet proposed under Amendment 1) is $ 61, 000 and would provide enhanced data acquisition for ASR well design, improved resource evaluation to potentially increase the quantity of water to be stored, and better information for future planning and risk mitigation.

Amendment 2 also includes Grant Administration Support services to assist the City with reporting and responding to grant requirements that had not been established prior to approval of Amendment 1.

If you have any questions on the enclosed scope of services for Amendment 2, please contact me at 209. 482. 6586 orjpetersonC carollo. com.

Sincerely,
CAROLLO ENGINEERS, INC.
d„, `
Justin Peterson, PE
Project Manager/ Associate Vice President
JP:

Enclosures:

Amendment 2 Scope of Services
cc: Christina Romano
r;.;
239
EXHtBR" .

AMENDMENT 2

SCOPE OF SERVICES

CITY OF LATHROP
AND
CAROLLO ENGINEERS, INC.

AQUIFER STORAGE AND RECOVERY WELL DESIGN

PURPOSE OF AMENDMENT
This amendment modifies the Agreement between the City of Lathrop ( CITY) and Carollo Engineers ( CONSULTANT) to include the following:

Increase the target drilling depth of the new monitoring well ( previously described under Amendment 1, Task 2.4) from 900 feet to 1, 250 feet below ground surface ( BGS).

Incorporate the Grant Administration Support task (previously described under Amendment 1, Optional Task 11) to the agreement.

CONSULTANT' S SERVICES
Replace the first paragraph under Amendment 1, Task 2. 4 with the following:

Task 2. 4 Monitoring Well Installation and Analyses
As described in the ASR feasibility study, Luhdorff& Scalmanini Consulting Engineers LSCE) will obtain the services of a licensed well driller to complete a second on- site monitoring well to an approximate depfh of 1, 250 ft below ground surface ( BGS). The monitoring well will be used to evaluate groundwater conditions to the stated depth and be used to determine the design depth of the ASR well.

Add the following new task:

TASK 7 - GRANT ADMINISTRATION SUPPORT
CONSULTANT will assist CITY staff with administrative tasks required to comply with grant funding requiremenfs. Anticipated fasks include preparation of quarterly progress reports, projecf completion reports, and post-construction reports. This task assumes up to 80 CONSULTANT staff hours to furnish grant administration support, including one meeting with CI TY staff

TIME OF PERFORMANCE
CONSULTANT will perform the tasks described under this Amendment in accordance with the schedule presented with Amendment 1.
pw:llCarollo_200000IDocumentslCA\ Lathrop120091& 000000101 Project Management\ 01 Pre- ContractlDesign, 4mdn2_SOW Page 1 of 2 July 2023
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PAYMENT
Payment to the CONSULTANT for services performed under this Amendment shall be based on the revised fee table below, consistent with the terms of the Agreement and Amendment 1, on a time and materials basis.

Task
Amend. 1 Amend. 2 Revised
Total Change Total
Feasibifity Study Subtotal 301, 744 301, T44
Design Phase
Task 1 — Project Coordination & Admin. 131, 702 131, 702 Task 2— Data Collection and PDR 538, 077 61, 000 599, 077 Task 3— DWSAP Report 47, 335 47, 335
Task 4— Detailed Design 783, 887 783, 887
Task 5— Permitting Assist. 11, 348 11, 348
Task 6— Bidding Assist. 34, 893 34, 893
Task 7— Grant Admin. Support' 22, 160 22, 160
Design Phase Subtotal 1, 547, 242 1, 630, 402
Total 1, 848, 986 g3, 160 $ 1, 932, 146
1) New Task; described as" Optional Task 11" in Amendment 1.

The revised not-to- exceed cost limit to the CONSULTANT' s services, excluding Engineering Services During Construction and Commissioning tasks ( to be reflected in a future amendment), shall be $ 1, 932, 146.
pw:// Carollo_ 200000/ Documents/ CA1Lathrop1200919- 000000\ 01 Project Management\ 01 Pre- ContractlDesignlAmdn2_ SOW Page 2 of 2 July 2023
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ITEM 4. 15

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY CITY MANAGER APPROVAL OF AGREEMENTS
WITH AXON ENTERPRISE, INC., FOR THE PURCHASE
OF TEN ( 10) AXON IN- CAR VIDEO SOLUTIONS AND
PURCHASE OF EIGHT ( 8) ADDITIONAL OFFICER
SAFETY PLAN 7 BUNDLES FOR THE POLICE

DEPARTMENT
RECOMMENDATION: Adopt Resolution to Ratify the City Manager' s Action to Approve Agreements with Axon Enterprise, Inc.
for the Purchase of Ten ( 10) Axon Fleet In- Car Video
Solution and its Supporting Information, Services
and Training and Purchase of Eight ( 8) Additional
Officer Safety Plan 7 Bundles for the Police
Department
SUMMARY:

During the City of Lathrop' s transition from the San Joaquin County Sheriff's Department ( Sheriff), the City selected Axon Enterprise, Inc. ( Axon) to outfit the new Police Department. Axon is the sole distributor and service provider for the Axon body worn cameras, tasers, and in- car video equipment. On October 28, 2021, the City Manager signed two agreements, one to purchase thirty- eight ( 38) body worn cameras and tasers, and the second to purchase twenty- one ( 21) in- car videos for sixteen ( 16) Ford Interceptors for Patrol and five ( 5) Dodge Chargers for Command staff. The Axon agreements included software and support services for a 60 month term to provide storage for the data gathered from the cameras. The City Council ratified the Axon agreements during the November 8, 2021 City Council meeting.

On June 29, 2022, the new Lathrop Police Department took over law enforcement services from Sheriff' s Department. The City owned vehicles utilized by Sheriff' s Office were returned to the City to be upfitted and repurposed. Additional in- car video solutions were needed for the returned vehicles. On September 30, 2022, the City Manager authorized an agreement with Axon, in the amount of$ 120, 513, to purchase an additional ten ( 10) in- car video solutions. This was done to avoid delay in receiving the required equipment for the vehicles that needed to be serviced.

During the January 10 and February 13, 2023 City Council Meetings, Council approved an additional seven ( 7) sworn officer positions. To ensure the required equipment would be received in time for the new ofFicers, the City Manager signed a new agreement with Axon on March 2, 2023, in the amount of $ 126, 216, to purchase additional Officer Safety Plan 7 Bundles, which includes the body worn cameras, tasers, and supporting software.
243
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

RATIFY CITY MANAGER APPROVAL OF AGREEMENTS WITH AXON
ENTERPRISE, INC. FOR THE PURCHASE IN- CAR VIDEO SOLUTION AND OFFICER SAFETY PLAN 7 BUNDLES FOR THE POLICE DEPARTMENT Therefore, staff requests City Council ratification of the approved agreements with Axon Enterprise, Inc. for the purchase of the ten ( 10) additional in- car video solutions and the purchase of eight ( 8) additional Officer Safety Plan 7 Bundles for the Police Department. There are sufficient funds in the police department' s budget to cover the cost of the agreements.

BACKGROUND:

During the initial startup of the new City of Lathrop Police Department, the City selected Axon Enterprise, Inc. to outfit the new Police Department vehicles and officers. Axon is the sole distributor and service provider for the Axon body worn cameras, tasers, and in- car video equipment. The Axon system unifies the operation of body worn cameras, tasers, and in- car video and provides storage for the data gathered from them. Having the Axon cameras contributes to accountability, transparency and building public trust within the community.

In preparation for the launch of the new police department, the City purchased thirtyeight ( 38) body worn cameras, tasers, and supporting software for the sworn and non- sworn officers. The City also purchased twenty- one ( 21) in- car video solutions for the sixteen ( 16) Ford Interceptors for Patrol and the five ( 5) Dodge Chargers for Command staff and Investigations. The Axon agreements included software and support services for a 60 month term to provide storage for the data gathered from the cameras.

The table below details the initial Axon agreements signed on October 28, 2021 and ratified by City Council on November 8, 2021:

Date Description Term for software Total
and su ort A reement Cost
10/ 28/ 21 38 Full body worn cameras, 60 months 274, 826 tasers, and software
10/ 28/ 21 21 In- car video solutions 60 months 602, 607 The new Lathrop Police Department took over law enforcement services from San Joaquin County Sheriff' s Office on June 29, 2022. Upon termination of the contract with the Sheriff's Office, the City owned vehicles being utilized by the Sheriff's Office were returned to the City of Lathrop to be upfitted and repurposed for our police personnel. The returned vehicles were evaluated by staff, and it was determined that additional in- car video solutions were needed. A new Axon agreement was authorized by the City Manager on September 30, 2022, in the amount of$ 120, 513, to purchase an additional ten ( 10) in- car video solutions. Therefore, the Axon Agreement was signed to avoid supply chain and shipping delay issues in receiving the required equipment. This allowed for a smoother process and continuance of essential services.
244
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

RATIFY CITY MANAGER APPROVAL OF AGREEMENTS WITH AXON
ENTERPRISE, INC. FOR THE PURCHASE IN- CAR VIDEO SOLUTION AND OFFICER SAFETY PLAN 7 BUNDLES POR THE POLICE DEPARTMENT During the January 10, 2023 City Council Regular Meeting, the City Council approved five ( 5) additional sworn positions, and two ( 2) additional sworn positions during the February 13, 2023, City Council Regular Meeting. With the addition of the seven ( 7) new sworn personnel, and to ensure the required equipment would be received in time, the City Manager signed an agreement, in the amount of $ 126, 216, with Axon to purchase eight ( 8) additional Officer Safety Plan 7 Bundles, which included the body worn cameras, tasers, and supporting software.

Pursuant to the City' s Purchasing Policy, the Axon agreements for the purchase of ten ( 10) in- car video solution and the purchase of eight ( 8) additional Officer Safety Plan 7 Bundles requires the City Council approval/ ratification. The table below details the Axon agreements that are being requested for City Council ratification:

Date Descri tion Term Total Cost
09/ 30/ 22 10 In- car video solutions 60 months 120, 513 03/ 02/ 23 8 Officer Safet Plan 7 Bundles 44 months 126, 216 REASON FOR RECOMMENDATION:

The Axon system is designed to meet legal requirements and specifications for law enforcement agencies. Thus, ensuring that the data gathered from body worn cameras, tasers, and in- car video equipment complies with applicable laws and regulations. While advancing transparency and public trust. Therefore, staff requests the City Council ratification of the approved agreements with Axon Enterprise, Inc. for the purchase of ten ( 10) in- car video solutions and the purchase of eight ( 8) additional Officer Safety Plan 7 Bundles for the Lathrop Police Department.

FISCAL IMPACT:

The total cost for the Axon agreements to purchase ten ( 10) in- car video solution and eight ( 8) additional Officer Safety Plan 7 Bundles is $ 246, 729. Sufficient funds are currently allocated in the Police Department FY 22- 23 budget to cover the costs of the agreements. There is no additional fiscal impact at this time.

ATTACH M ENTS:

A. Resolution to Ratify City Manager' s Action to Approve Agreements with Axon Enterprise, Inc. for the Purchase of Ten ( 10) Axon Fleet In- Car Video Solution and its Supporting Information, Services and Training and Purchase of Eight 8) Additional Officer Safety Plan 7 Bundles for the Lathrop Police Department B. Agreement for the Purchase of the Axon Fleet In- Car Video Solution and its Supporting Information, Services and Training
C. Agreement for the Purchase of Eight ( 8) Additional Officer Safety Plan 7 Bundles for the Lathrop Police Department
245
CITY MANAGER' S REPORT PAGE 5
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

RATIFY CITY MANAGER APPROVAL OF AGREEMENTS WITH AXON
ENTERPRISE, INC. FOR THE PURCHASE OF TEN ( 10) AXON IN- CAR VIDEO SOLUTION AND PURCHASE OF EIGHT ( 8) ADDITIONAL OFFICER SAFETY PLAN 7 BUNDLES FOR THE LATHROP POLICE DEPARTMENT
APPROVALS:

Z
aymond Bechler Date
Chief of Police
Q- 3
ony ernandes Date
Information Systems Director - CIO
1 1.

Cari Date
Finance q'i ector
7 ` Z s ''.. Z-3
Salvador Navarrete Date
City Attorney
3'?13
Ste en J. Salvatore Date
City Manager
246
RESOWTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING

CITY MANAGER' S ACTION TO APPROVE AGREEMENT WITH AXON
ENTERPRISE, INC. FOR THE PURCHASE OF TEN ( 10) AXON FLEET IN- CAR

VIDEO SOLUTION AND ITS SUPPORTING INFORMATION, SERVICES AND TRAINING AND PURCHASE OF THE EIGHT ( 8) ADDITIONAL OFFICER SAFETY PLAN 7 BUNDLES FOR THE POLICE DEPARTMENT
WHEREAS, during the initial startup of the new Lathrop Police Department, the City selected Axon Enterprise, Inc. to provide body worn cameras, tasers, and incar video equipment; and WHEREAS, Axon is the sole distributor and service provider for the Axon body worn cameras, tasers, and in- car video equipment; and
WHEREAS, the Axon system unifies the operation of body worn cameras, tasers, and in- car video and provides storage for the data gathered from them; and WHEREAS, on October 28, 2021, the City Manager signed two agreements, one to purchase thirty- eight ( 38) body worn cameras and tasers, and the second to purchase twenty- one ( 21) in- car videos for sixteen ( 16) Ford Interceptors for Patrol and five ( 5) Dodge Chargers for Command staff; and
WHEREAS, the City Council ratified the Axon agreements during the November 8, 2021 City Council meeting; and
WHEREAS, on June 29, 2022, the new Lathrop Police Department took over law enforcement services from the San Joaquin County Sheriff's Office, and the City owned vehicles being used by the Sheriff' s Office were returned to the City to be upfitted and repurposed; and
WHEREAS, the City Manager approved another Axon agreement on September 30, 2022, in the amount of $120, 513, to purchase an additional ten ( 10) in- car video solutions to avoid delay in receiving the required equipment and to continue to provide essential City services; and
WHEREAS, during the January 10 and February 13, 2023, City Council Regular Meetings, the City Council approved seven ( 7) additional sworn personnel; and WHEREAS, with the addition of the seven ( 7) sworn personnel, and to ensure the required equipment would be received in time for the new personnel, the City Manager signed an agreement with Axon, in the amount of $ 126, 216, to purchase eight ( 8) additional OfFicer Safety Plan 7 Bundles, which includes the body worn cameras, tasers, and supporting software; and
247
WHEREAS, pursuant to the City' s Purchasing Policy, the Axon agreements for the purchase of ten ( 10) in- car video solution and the purchase of eight ( 8) additional Officer Safety Plan 7 Bundles require City Council approval; and WHEREAS, the total cost for the Axon agreements to purchase ten ( 10) incar video solution and eight ( 8) additional OfFicer Safety Plan 7 Bundles is $ 246, 729; and
WHEREAS, there are sufficient funds in the Police Department budget for FY 22- 23 to cover the cost of the agreements.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby ratify the City Manager's action to approve agreements with Axon Enterprise, Inc. for the purchase of ten ( 10) Axon Fleet In- Car Video Solutions, and purchase of the eight ( 8) additional OfFicer Safety Plan 7 Bundles for the Police Department.
248
The foregoing resolution was passed and adopted this 14t" day of August 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
0 Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 249
c ty of
Office of the City Manager 390 Towne Centre Dr.- Lathrop, CA 95330 Phone( 209} 941- 7220- fax( 209) 941- 7248
ti-. ci. la thrc. ca. u,

NOTICE TO PROCEED
Axon Enterprise, Inc. Attachment B
Attn: T'hom Ruseva- Mahan
17800 N. 85th Street
Scottsdale, AZ 85255
Dear Mr. Ruseva- Mahan:

Enclosed please find your original executed agreement for the Purchase of the Axon Fleet In-Car Video Solution and its Supporting Information, Services and Training.

This is your Notice to Proceed to the attached agreement.

Should you have any questions regarding the project, please contact Tony Fernandes at 209) 941- 7349, the staff inember directly involved with this project.

Sincerely,
c G'l i'
Utephen . Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
250
Axon Enterprise, Inc. q-399766 44833. 995KM
17800 N 85th St.

Scottsdale, Arizona 85255
United States y
quote Expirati on: pg130120Y1
VAT: 86-0741227
Domestic:( 8(} 0) 978- 2737
Intemational:+. 800. 978. 2737 Account Number. 518257
Payment Tertns, N30
Delivery Method: Fedez- Ground

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Lathrop Police Department Lathrop Police Department- CA Thom Ruseva- Mahan Tony Femandes 940 River Islands Pa kway 390 Towne Centre Drive Phone:+ 1 4804148450 Phone:

Lalhrop, CA 95330 Lathrop, CA 95330 Email: tmahan@axon. com Email: tfernandes@ci. lalhrop. ca. us USA USA Fax:+ 4809993359 Fax:

Email:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year 8, 502. 40 TOTAL COST 116, 370. 00
TOTAL SAVINGS 42, 512. 00
ESTIMATED TOTAL WI TAX 120, 512. 05
Payment Summary
Date Subtotal Tax Total
ec 2022 23,274.00 828. 41 24, 102.41
Dec 2023 23, 274. 00 828.41 24, 102. 41
Dec 2024 23. 274. 00 828. 41 24, 102. 41
Dec 2025 23, 274. 00 828. 41 24, 102. 41
Dec 2026 23, 274. 00 828 41 24, 102. 41
70ta1 5116,370.00 i4, 142. 05 5120, 512. 05

251
Quote Unbundled Price: 5158, 882. 00
Quote List Price: 5124, 802. 00
Quote Subtotal: 5116, 370. 00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal kem Dsscriptbn Qty Tem Unbundled Llst Pdce Net P ice __, .., SubWtal Tax , Total Program
100552 TRANSFER CREDIT- GOODS 1 51. 00 ($ 5,280.00) ($ 5,260.00) ( 5462. 00) ($ 5, 742. 00) 100553 TRANSFERCREDIT- SOFfWAREANDSERVICES 1 1. 00 ($ 3, 150.00) ($ 3, 150. 00) ( 5275. 65) ($ 3, 425. 65j Fleet3A Fleel3Advanced 10 60 264. 80 $ 208.00 $ 208.00 $ 124,800.00 $ 4, 879.70 5129, 679.70 Totel 5176, 370. 00 t4, 142. 05 5120, 57205

252
Delivery Schedule
Hardware
Bundle Ifem Deaerlptfon QTY Estlmated Delivery Date
Fleet 3 Advanced 11634 CRADlEP01NT IBR900- 1200M-8-NPSt5YR NETCLOUD 10 12/ 01/ 2022 Fleet 3 Advanced 70112 AXON SIGNAL UNIT 10 12/ 0112022
Fleet 3 Advanced 71200 FLEET ANT, AIRGAIN, S- IN- 1, 2LTE, 2WIFI, iGNSS, BL 10 12' 01/ 2022 Fleet 3 Advanced 72034 FLEET SIM INSERTION, VZW 10 12101/ 2022 Fleef 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 10 12( 01/ 2022 Fleet 3 Advanced 72040 fLEET REFRESH, 2 CAMERA KIT 10 12101/ 2028 Software
Bundle kem Description QTY Esdmried Start Date Esdmated End Date Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 10 Ot101/ 2023 12/ 31/ 2027 Fleet 3 Advanced 80401 FLEET 3, ALPR UCENSE, 1 CAMERA 10 Ot/ 01/ 2023 12/ 31/ 2027 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE- FLEET 3 10 01101/ 2D23 12/ 31/ 2027 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 20 Oi/ 01/ 2023 12/ 31/ 2027 Services
Bundle ftem Deacriptlon 4TY
Fleet 3 Advanced 73391 FIEET 3 NEW tNSTALLATION( PER VEHICLE) 10 Warranties
Bundle Item Descriptlon 4TY Eslimaled 5tart Date Eatlmated End Date Fleet 3 Advanced 80379 EXT WARRANN, AXON SIGNAL UNIT 10 01/ 01/ 2023 12I3112027 Fleet 3 Advanced 80495 EXT WARR4NN, FLEET 3, 2 CAMERA KIT 10 12/01/ 2023 12/ 31/ 2027

253
Payment Details
Dec 2022
lovoice Plan kem Description Qty SubWtal Tax Total
Year1 100552 TRANSFERCREDIT- GOO S t 1. 056.00) 592. 40) ($ 1, 148.40) Year1 100553 TR4NSFERCREDIT- SOfTWAREANDSERVICES 1 30.00i 55. 13) 68513) Year 1 Fleet3A F1eet 3 Advanced 10 24, 960. 00 975,94 825,935. 94 Tofdl f23, 274.00 5828. 41 524, 102. 41
Dec 2023
Invoice Pla Item Descriptlon Qly Subtohi Tax Total
Year2 100.552 TRANSFERCREDIT- GOODS 1 1, 056.00) 92. 40) ($ 1, 148.40 Year 2 100553 TR4NSFER CREDIT- SOFTWARE AND SERVICES 1 5630. 00) 55. 13) 685.13 Year 2 Fleet3A Fleet 3 Advanced 10 24, 960. 00 975.94 $ 25,935.94 Total 523, 274.00 5828. 41 f24,102. 41
Dec 2024
Invoice Plan Hem DeacripUon Qty Subtotal Tax Total
Year3 100552 TRANSFERCREDIT- GOODS t 1, 056. 00) 92.40) ($ i,148. 40) Year3 100553 TRANSFERCREDIT- SOFTWAREANDSERVICES 1 630, 00) 55. 13) 685. 13) Year 3 Fleet3A Fleet 3 Aduanced 10 24, 960.00 5975. 94 $ 25,935.94 TOtil 523, 274.OD 384& 41 324, 102. 41
Dec 2025
Invoke Plan ftem Desafption Qty SubtoWl Tax Total
Year4 100552 TRANSFERCREDIT- GOODS 1 51, 056. 00) 592.40) ($ 1, 148. 40) Yeaz 4 100553 TRANSFER CREDIT- SOFTWARE AND SERVICES 1 630. 00) 55. 13) 685.13) Year 4 Fleet3A Fleet 3 Advanced 10 24, 960.00 5975. 94 525,935. 94 Tofal 523, 274. 00 3828. 41 524, 102. 41
Dec 2026
Invoice Plan Item Description Qty Subtotal Ta c Total
YearS 100552 TRANSFERCREDIT- GOODS 1 1. 056. 00) 92. 40) ($ 1, 148.40) Year 5 100553 TRANSFER CREDIT- SOFTWARE AND SERVICES 1 630. 00) 55. 13) 68513) Year 5 FIee13A Fleet 3 Advanced 10 524, 960.00 5975. 94 525, 935. 94 Total 523, 274. 00 5828. 41 524,102,41

254
Tax is estimated based on rates applicable at date oi quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit priorto invoicing.

Contract NASPO Contract No. OK- MA- 145-015 is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon' s Master Services and Purchasing Agreement shall govern.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon' s Master Services and Purchasing Agreement posted at www. axon. com/ legallsales- terms- and- conditions), as well as the attached Statement of Work( SOW) for Axon Fleet andlor Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Cusiomer Experience Improvement Program Appendix, which includes the sharing of de- identified segments of Agency Content with Axon to develop new products and improve your product expenence( posted at www. axon. comllegal/ sales-terms- and- conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvemeni Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced ierms and conditions. By signing below, you represent ihat you are lawfully able to enter into contracts. If you are signing on behalf of an entity( including but not limited io the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority io bind that entity. If you do not have this authority, please do not sign this Quote.

255
Exceptions to Standard Terms and Conditions
Agency has existing contract# 00045216( originated via Q- 399766) and is terminating that contract upon the new license start date( 1/ 1I2023) of this quote.

The parties agree that Axon is granting a refund of$ 8430. 00 to refund paid, but undelivered services. This discount is based on a ship date range of 12/ 1l2022- 12I15/ 2022, resulting in a 1/ 1/ 2023 license date. Any change in this date and resulting license start date will result in modification of this discount value which may result in additional fees due to or from Axon.

This credit is contingent upon agency payment of any outstanding invoices including and not limited to Year 4- 5 Billing of contract 45216. 30 2
Signature Date Signed
T (/
si2sizo2z %' f' 0' j't l
Y tin f'
PYI I G S l 7 , Gl i
s, s`
n

256

257

FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction
This Statement of Work(" SOW) has been made and entered into by and between Axon Enterprise, Inc.(" AXON", and Lathrop Police Department- CA the AGENCY") for the purchase of the Axon Fleet in- car video solution(" FLEET") and its supporting information, services and training. ( AXON Technical Project Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees, that Agency s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY' s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW.

This SOW contains the entire agreement between the paRies. There are no promises, agreements, conditions, inducements, warrantles or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW.

Acceptance
Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form(" Acceptance Form"). AGENCY will sign the Acceptance Form acknowledging that services have been completed in suhstantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven( 7) calendar days from delivery of the Acceptance Form AXON will remedy the issues to coniorm with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW.

Force Majeure
1 258
Neither party hereto shall be liable for delays or tailure to perform with respect to this SOW due to causes beyond the party' s reasonable control and not avoidable by diligence.

Schedule Change
Each party shail notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in- car Solution instailation- to be performed pursuant of ihis Statement of Work.

Axon Fleet Deliverables
Typically, within( 30) days ot receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY' s primary point of contact via electronic media, controlled documenkation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only.

Security Clea ance and Access
Upon AGENCY' s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY' s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the p rposes of being allowed access to AGENCY' s faciliiies. AGENCY is responsible for providing AXON with all required instructions and documentatlon accompanying the security background check' s requirements.

Training
AXON wiil provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train- the-trainer style method un ess otherwise agreed upon between the AGENCY and AXON.

Loeal Computer
2 259
AGNECY is responsible for providing a mobile data computer( MDC) with the same soflware, hardware, and configuretion that AGENCY personnel will use with the AXON system being installed. AGENCY is responsi6le for making certain ihat any and all security settings( port openings, firewall settings, antivirus software, virlual private neiwork, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables.

Network
AGENCY is responsible for making certain that any and all nehvork( s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss o( data due to misconfigured tirewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables.

Cradlepoint Router
When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint' s NetCloud Manaqer to the extent necessary to perform Work pursuant of this Statement of Work.

Evidence. com
AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence. com to the extent necessary to perform Work pursuant of ihis SOW.
reless Upload Syatem
If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY' s existing network a wireless network infrastructure as identified in the AGENCY' s binding quote based on conditions of the sale.

VEHICLE INSTALLATION
Preparedness
3 260
On such dates and times mutually agreed upon by the pariies, the AGENCY will deliver all vehicles to an AXON Instailer less weapons and items of evidence.

Vehicle( s) will be deemed' out of service' to the extent necessary to perform Work pursuant of this SOW.

Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which wili remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.

Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are aet considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.

Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle' s systems' operation to identity and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer.

In•Car HardwarelSoftware Delivery and Installation
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system' s installation manual and its relevant addendum(s). Applicable in- car hardware will be installed and configured as defined and validated by the AGENCY during the pre- deployment discovery process.

If a specified vehicle is unavailable on the date and time agreed upon by the paRies, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehic e, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installalion(" Not Fleet Ready"), such as a batlery not being properly charged or properly up- fit for in- service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties.
4 261
Upon completion of installation and configuration, AXON will systematically test all installed and configured in- car hardware and soHware to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation.

Prior to installing the/ bcon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle' s existing systems' operation to identify, document any existing component or vehicle systems' failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system' s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. it is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna( s), integration recording trigger sources and customer preferred power, ground and gnition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.

Agreed placement will be documented by the AXON Installer.

AXON welcomes up to 5 pe sons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstra6on. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet instailation service regardless of who performs the continued Axon Fleet system installations. 5 262
The customary training session dces not' certify' a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non- AXON Installer, customer- employed installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. 6 263
c ty of
Office of the City Manager 390 Tawne Centre Drive, Lathrop, CA 95330 Phone( 209) 941- 7220— Fax( 209) 941- 7229
x ww. ci. 1 n throp. cu. tts

NOTICE TO PROCEED
Attachment C
Axon Enterprise, Inc.

Attn: Thom Ruseva- Mahan
17800 N. 85 Street
Scottsdale, AZ 85255
Dear Mr. Ruseva- Mahan:

Enclosed please find your original executed Agreement for the Purchase of Eight (S) Additional Officer Safety Plan 7 Bundles for the Lathrop Police Department, Quote Q-449517- 44952- 845TR. This is your Notice to Proceed to the attached agreement.

Should you have any questions regarding this agreement, please contact Kyle Oki at ( 209) 647- 6402, the staff inember directly involved with this project.

Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
264
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272
ITEM 4. 16

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT FUNDING FROM LOCAL AGENCY TECHNICAL
ASSISTANCE GRANT AWARD, CREATE CIP GG 24- 24

FOR BROADBAND INFRASTRUCTURE, APPROVE

RELATED BUDGET AMENDMENT AND RATIFY AN

AGREEMENT WITH MAGELLAN FOR THE

DEVELOPMENT OF A MASTER PLAN FOR

BROADBAND INFRASTRUCTURE
RECOMMENDATION: Adopt a Resolution to Accept Funding From Local Agency Technical Assistance Grant Award, Create
CIP GG 24- 24 for Broadband Infrastructure,
Approve Related Budget Amendment and Ratify an
Agreement with Magellan for the Development of a
Master Plan for Broadband Infrastructure
SUMMARY:

The Local Agency Technical Assistance ( LATA) Grant Program provides funding to assist organizations in California with their efforts to provide high- speed broadband to unserved and underserved residents. The program made fifty- million dollars 50, 000, 000) available to California local agencies for the facilitation of engineering design, needs assessments, broadband strategic plans and business plans to provide local residents with high- speed broadband.

Staff submitted a grant application with a defined project cost of $ 497, 915 that would aide in the development of a master plan for broadband infrastructure for the City. This proposed brbadband masterplan would allow for design/ engineering and deploying broadband service via fiber to underserved areas of the City.

On July 7, 2023, the California Public Utilities Commission ( CPUC) announced that the City of Lathrop was awarded $ 497, 915 pursuant to resolution T- 17793. Staff is requesting City Council to accept the funding from the grant award and create Capital Improvement Plan ( CIP) GG 24- 24 for Broadband Infrastructure, approve related budget amendments and ratify the City Manager' s signature approval of an agreement for the development of a master plan with Magellan for Broadband Infrastructure.

BACKG ROU N D:

The Local Agency Technical Assistance ( LATA) Grant Program provides funding to assist organizations in California to provide high- speed broadband to unserved residents. The program made fifty- million dollars ($ 50, 000, 000) available to California local agencies for the facilitation of engineering design, needs 273
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT FUNDING FROM LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARD, CREATE CIP GG 24- 24 FOR BROADBAND INFRASTRUCTURE,

APPROVE RELATED BUDGET AMENDMENT AND RATIFY AN AGREEMENT

WITH MAGELLAN FOR THE DEVELOPMENT OF A MASTER PLAN FOR

BROADBAND INFRASTRUCTURE
assessments, broadband strategic plans and business plans to provide local residents with high- speed broadband.

When it comes to broadband access, a large portion of the City of Lathrop is considered underserved as most residents do not have access to high speed broadband connectivity. The majority of resident' s impacted by broadband infrastructure gaps are either under eighteen ( 18) years old or over sixty- five ( 65) and are a priority for high speed internet access.

Students have a vital need for high speed broadband access to the internet for educational instruction. Most schools during the COVID- 19 pandemic switched to requiring students to use laptops for homework, a trend that has also continued post pandemic. Students who do not have access to reliable internet are not able to keep up with the rest of their peers who do have access. This potentially creates an area for a learning gap for students without high speed broadband.

Last year, on the Friday after the Thanksgiving holiday the City suffered a tremendous disruption when vandals cut fiber network cables providing internet network access throughout the City. Grocery stores, restaurants, gas stations and retail businesses such as Target were left without internet and unable to process transactions that were not paid with cash. Even with cash payments, most were businesses that were not able to operate or conduct business on one of the largest economic grossing days of the year. This outage lasted for thirty- six ( 36) hours.

The proposed master plan will include the redundancy necessary to minimize these types of outages and create high speed broadband internet access for subscribing residents. The proposed Capital Improvement Plan ( CIP) GG 24- 24 Broadband Infrastructure would bridge the gap for underserved residents by allowing the City to implement the infrastructure to ofFer low rate plans for high speed internet. The grant funding to develop the master plan was secured in large part due to the assistance from Magellan.

Magellan is a team of advisors with a twenty ( 20) year history of specializing in working with municipalities, Counties and the private sector to assist in developing and executing broadband strategies to enhance connectivity for residents, schools and retail businesses. The state encourages applicants to use this vendor because nationally they have assisted over four hundred and fifty ( 450) clients in developing over $ 1. 5 billion in broadband funding and assets. Magellan has a goal of providing practical broadband solutions that local agencies are capable of implementing. This agency facilitates the creation of actionable strategies to leverage existing infrastructure, develop strategic partnerships and successfully implement Smart City innovations. Through outreach to businesses and community anchors assessment is made on key issues impacting our local environment. Magellan 274
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT FUNDING FROM LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARD, CREATE CIP GG 24- 24 FOR BROADBAND INFRASTRUCTURE,

APPROVE RELATED BUDGET AMENDMENT AND RATIFY AN AGREEMENT

WITH MAGELLAN FOR THE DEVELOPMENT OF A MASTER PLAN FOR

BROADBAND INFRASTRUCTURE
possess essential knowledge and experience working with municipalities and Counties in the development of Broadband Master Plans.

The proposed project is 100% funded by the state and the rules governing the LATA grant program allow the City to utilize Magellan to perform the proposed services without competitive bidding. Magellan has been selected by other agencies to perform the same LATA scope of work and is competent to complete all requirements of the grant. Recently, this vendor was selected by multiple cities such as City of Ventura, San Buena Ventura, and Gateway Cities Council of Governments to complete the LATA grant program requirements. At staff request, Magellan provided a proposal to develop a master plan for broadband infrastructure to allow for design engineering at an expense of $ 497, 915. This proposal was submitted as an integral part of the grant and was approved for funding by CPUC.

Magellan provided its proposal and assisted with the application process for the LATA grant at no cost to the City. The City manager has approved an agreement for the proposal provided by Magellan before City Council approved due to the short time constraints to apply for additional funding to execute the master plan.

Staff is processing an application for a related grant which will fund the construction related to the master plan however, it requires the master plan for broadband infrastructure as a part of the submission. Due to requirements of the grant, design of the broadband infrastructure master plan must be at least 30% complete by time of submission and therefore due to the short time constraints to apply for the related grant, the City Manager signed approval of the Agreement with Magellan for the development of a master plan for broadband infrastructure in July. Applications for the related grant that will fund construction costs for this master plan are due by September 29, 2023.

Staff is requesting that City Council accept the funding awarded from the LATA grant tv create CIP GG 24- 24, approve related budget amendment and ratify City Manager' s signature approval of an agreement with Magellan for the development of a master plan for broadband infrastructure.

REASON FOR RECOMMENDATION:

The funds from the LATA grant program would provide the opportunity for the development of a master plan to enhance broadband connectivity to unserved and underserved residents throughout the City. The master plan for broadband infrastructure grants staff the ability to apply for additional grant funding to implement the construction required to deploy fiber throughout the City. 275
CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT FUNDING FROM LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARD, CREATE CIP GG 24- 24 FOR BROADBAND INFRASTRUCTURE,

APPROVE RELATED BUDGET AMENDMENT AND RATIFY AN AGREEMENT

WITH MAGELLAN FOR THE DEVELOPMENT OF A MASTER PLAN FOR

BROADBAND INFRASTRUCTURE
FISCAL IMPACT:

The Local Agency Technical Assistance ( LATA) Grant Program provides funding to assist organizations in California with their efforts to provide high- speed broadband to unserved and underserved residents. Because funding stems from Federal Coronavirus State and Local Fiscal Recovery Funds, projects authorized through this program are subject to Single Audit requirements. The grant acceptance requires no local matching funds and the project GG 24- 24 will be 100% funded through the grant awarded by the CPUC.

Increase Revenue
2150- 80- 00- 333- 05- 00 497, 915
Increase Transfer Out
2150- 99- 90- 990- 90- 10 497, 915
Increase Transfer In
3010- 99- 00- 393- 00- 00 CIP GG 24- 24 497, 915
Increase Expense
3010- 80- 00- 420- 01- 00 CIP GG 24- 24 497, 915
ATTACHMENTS:

A. Resolution of the City Council of the City of Lathrop to Accept Funding from Local Agency Technical Assistance Grant Award, Create CIP GG 24- 24 for Broadband Infrastructure, Approve Related Budget Amendment and Ratify an Agreement with Magellan for the Development of a Master Plan for Broadband Infrastructure
B. Professional Services Agreement between the City of Lathrop and Magellan Broadband Master Plan and Digital Infrastructure.

C. Award letter from California Public Utilities Commission. 276
CITY MANAGER' S REPORT PAGE 5
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT FUNDING FROM LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARD, CREATE CIP GG 24- 24 FOR BROADBAND INFRASTRUCTURE,

APPROVE RELATED BUDGET AMENDMENT AND RATIFY AN AGREEMENT

WITH MAGELLAN FOR THE DEVELOPMENT OF A MASTER PLAN FOR

BROADBAND INFRASTRUCTURE
APPROVALS:
y- don ndes Date
ector of Information Systems
f
o2D. 3
Ca ri ) Date
Director o Finance
C- r • 31 • Z oz-3
Michael King Date
Assistant City Manager
7 z3
Salvador Navarrete Date
City Attorney
r-- FoR, 8- 1 - ZOZ3
Stephen J. Salvatore Date
City Manager
277
RESOLUTION NO. 23 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT

FUNDING FROM LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARD, CREATE CIP GG 24- 24 FOR BROADBAND INFRASTRUCTURE, APPROVE

RELATED BUDGET AMENDMENT AND RATIFY AN AGREEMENT WITH

MAGELLAN FOR THE DEVELOPMENT OF A MASTER PLAN FOR BROADBAND

INFRASTRUCTURE
WHEREAS, the Local Agency Technical Assistance ( LATA) Grant Program provides funding to assist organizations in California with their efforts to provide highspeed broadband to unserved and underserved residents; and WHEREAS, stafF submitted a LATA grant application with a defined project cost of $497, 915 that would aide in the development of a master plan for broadband infrastructure for the City; and
WHEREAS, on July 7, 2023, the California Public Utilities Commission ( CPUC) announced that the City of Lathrop was awarded $ 497, 915 per resolution T- 17793; and
WHEREAS, the state encourages applicants to work with Magellan Advisors because nationally they have assisted over four hundred and fifty ( 450) clients in developing over $ 1. 5 billion in broadband funding and assets; and WHEREAS, the proposed project is 100% funded by the state and the rules governing the LATA grant program allow the City to utilize this vendor to perform the proposed services without competitive bidding; and
WHEREAS, at staff request, Magellan provided a proposal to develop a master plan for broadband infrastructure to allow for design engineering at an expense of 497, 915; and
WHEREAS, due to the short time constraints to apply a related grant, the City Manager approved the Agreement with Magellan for the development of a master plan for broadband infrastructure; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby accept $ 497, 915 funding from Local Agency Technical Assistance Grant Award; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify Agreement with Magellan for the Development of a Master Plan for Broadband Infrastructure; and
278
NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Lathrop does hereby approve the creation of CIP GG 24- 24 for Broadband Infrastructure; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop hereby approves the following related budget amendment
Increase Revenue
2150- 80- 00- 333- 05- 00 497, 915
Increase Transfer Out
2150- 99- 90- 990- 90- 10 497, 915
Increase Transfer In
3010- 99- 00- 393- 00- 00 CIP GG 24- 24 497, 915
Increase Expense
3010- 80- 00- 420- 01- 00 CIP GG 24- 24 497, 915
279
The foregoing resolution was passed and adopted this 14th day of August 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 280
Y, eit'•`
of Exh bit
T_-____=__:.__.______. __._____ _ ___
Office of the City Manager 390 Towne Centre Dr. - Lathrop, CA 95330 Phone( 209) 941- 7220- fax( 209) 941- 7248
www.ci.lathrop. ca.us

NOTICE TO PROCEED
July 2023
Magellan Advisors, LLC
jory Wolf, Project Executive
99918 Street
Denver, CO 80202
Dear Mr Wolf:

Enclosed please find your original executed agreement to provide the Development of a Broadband Master Plan and Digital Infrastructure Design. This is your Notice to Proceed to the attached agreement.

Should you have any questions regarding the project, please contact Tony Fernandes at 209) 941- 7349, the staff inember directly involved with this project.

Sincerely,
tephen j. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
281
DocuSign Envelope ID: 83CC91 D& 359E- 4575- 855C- 5C7852308FAD

CITY OF LATHROP PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF LATHROP AND MAGELLEN BROADBAND

FOR THE DEVELOPMENT OF A BROADBAND MASTER PLAN AND

DIGITAL INFRASTRUCTURE DESIGN
THIS AGREEMENT, dated for convenience this 31s=day of July 2023, is made and entered into by and between Mageilan Broadband (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform the development of a Broadband Master Plan and digital infrastructure design as required by this agreement; and
WHEREAS, CONSULTANT provided LATA grant program services to a plethora of municipalities, counties and private sectors; and
WHEREAS, CONSULTANT was selected by CITY pursuant to said qualifications; and
WHEREAS, CONSULTANT is willing to render such Professional Services as hereinafter defined, on the following terms and conditions; and WHEREAS, this Agreement is scheduled to go before Ciry Council for ratification on August 14, 2023;
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Scope of Service.

CONSULTANT agrees to provide the development of a broadband master plan and digital infrastructure design services in accordance with the scope of work submitted by the CONSULTANT, attached as Exhibit" A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the standards of its profession and CITY' S satisfaction. 2) Compensation.

CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 497, 915 as described in Exhibit" A".
282
DocuSign Envelope ID: 83CC91D8- 359E- 4575- 855C- 5C785230BFAD CITY OF LATHROP— MAGELLAN BROADBAND

DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

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

This agreement shall become effective on the signature date of the City Manager and CONSULTANT has been notified in writing as identified in section ( 18), and it shall terminate no later than June 30, 2024.
4) Independent Contractor Status.

It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY.

CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billin s.

CONSULTANT' S bills shall include date, date due, a list of all tasks performed by deliverable, a total amount due, the amounts previously billed, the net amount due on the invoice, and the balance remaining on the agreement and the CONSULTANT' S signature_ Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the maximum amaunt of compensation provided in section ( 2) for listed services or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq.

CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement. CONSULTANT shall clarify with the CITY any details of the design that are not specifically understood. 7) Assiqnment of Personnel.

CONSULTANT shali assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to

283
DocuSign Envelope ID: 83CC91D8- 359E- 4575- 855G5C7852308FAD CITY OF LATHROP— MAGELLAN BROADBAND

DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

INFRATRUCTURE DESIGN
do so immediately, regardless of the reason, or the lack of a reason, according to the CITY'S request.

The services shall be performed by, or under the direct supervision, CONSULTANT' s Authorized Representative: Jory Wolf.

CONSULTANT shall not replace its Authorized Representatives without the prior written approval by the CITY.
8) Assiqnment and Subcontractinq.

It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized rep esentative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance.

On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance speci ed in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.

CONSULTANT shall not ailow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the altemative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
i. Proof of Worker' s Compensation is not required if Consultant provides written verification that they have no employees.

284
DocuSign Envelope ID: 83CC91D8- 359E-4575-855C-5C7852306FAD CITY OF LATHROP— MAGELLAN BROADBAND

DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

INFRATRUCTURE DESIGN
b) Commercial General and Automobile Liabilitv Insurance.

CONSULTANT, at CONSULTANT'S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement.

If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shali not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

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

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

285
DocuSign Envelope ID: 83CC91D& 359E- 4575- 855C- 5C785230BFAD CITY OF LATHROP— MAGELLAN BROADBAND

DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

INFRATRUCTURE DESIGN
iv) Any failure of CONSULTANT to camply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California-admitted insurers with a BesYs rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self- Insured Retentions. CONSULTANT shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self-insu ed retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s autharized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coveraqe. In the event that any coverage required under subsectians ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;

286
DocuSign Envelope ID: 83CC91D8- 359E- 4575- 855C- 5C7852306FAD CITY OF LATHROP— MAGELLAN BROADBAND

DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

INFRATRUCTURE DESIGN
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
10) Indemnification - CONSULTANT' S Responsibility.

As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perForm the work, that ( b) CITY relies upon the professional skills of CONSULTANT to perForm the work in a skillful and professional manner, and (c) CONSULTANT thus agrees to so perform.

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

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

This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11) Licenses.

If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in

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DocuSign Envelope ID: 83CC91 D8- 359E- 4575- 855C- 5C7852308FAD CITY OF LATHROP— MAGELLAN BROADBAND

DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

INFRATRUCTURE DESIGN
accordance with all applicable laws and regulations.
12) Business Licenses.

CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination.

Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for senrices perFormed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT'S delivery to the CITY of any ar all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) Fundinq.

CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. 15) Notices.

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

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

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

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DocuSign Envelope ID: 83CC91D8- 359E- 4575- 855C- SC785230BFAD CITY OF LATHROP— MAGELLAN BROADBAND

DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

INFRATRUCTURE DESIGN
Copy to: City of Lathrop
Information Systems Department
390 Towne Centre Drive
Lathrop, CA 95330
Phone: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant: Jory Woif, Project Executive
Mageilan Broadband
999 18" St.

Denver, Colorado, 80202
Phone: ( 818) 312- 7768
16) Miscellaneous.
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State af California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perForm its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 and Section 2 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference
incorporated in the Agreement and shall be deemed to be part of this Agreement.

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DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

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

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

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

I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of Califomia in the County of San Joaquin or in the United States District Court for the Eastern District of California.

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DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

INFRATRUCTURE DESIGN
o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
17) General Contractor Responsibilities.

Neither the professional activities of CONSULTANT, nor the presence of CONSULTANT or CONSULTANT'S sub-consultants shall relieve the Consultant of its obligations, duties and responsibilities.

CITY agrees that the CITY, CONSULTANT and its sub- consultants shall be indemnified by the General Contractor and shall be made additional insured under the General Contractor' general liability insurance policy and that a Waiver of Subrogation in favor of CONSULTANT will be provided under the General Contractor's Workers Compensation policy. CITY will require General Contractor ta provide evidence of such insurance to CITY and CONSULTANT prior to General Contractor beginning work on the project.
18) Notice to Proceed.

Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
19) Limit of Liability.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR

INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO

BUSINESS REPUTATION, EXTENDED OVERHEAD, LOSS OF ANTICIPATED

PROFITS, LOSS OF USE OR UTILIZATION OF FACILITIES, OR INEFFICIENCY,

INTERRUPTION OR SHUTDOWN OF ANY COMPONENTS, SYSTEMS OR
FACILITIES RESULTING FROM THE PARTY' S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF

SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE TOTAL AND AGGREGATE LIABILITY OF CONSULTANT FOR

ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS AND

AWARDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WORK

ORDERS, OR THE PERFORMANCE OR NON- PERFORMANCE OF ITS

SERVICES SHALL BE LIMITED TO THE GREATER OF THE APPLIABLE

INSURANCE LIMITS REQUIRED TO BE MAINTAINED BY CONSULTANT UNDER THIS AGREEMENT OR $ 5, 000, 000.

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DxuSign Envelope ID: 83CC91D& 359E- d575- 855C- 5C785230BFAD CITY OF LATHROP— MAGELLAN BROADBAND

DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

INFRATRUCTURE DESIGN
20) Siqnatures.

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

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DEVELOPMENT OF A BROADBAND MASTER PLAN AND DIGITAL

INFRATRUCTURE DESIGN
Approved as to Form: City of Lathrop
Z . Oz.:

Salvador Navarrete Date
City Attorney
Recommended for Approval: City of Lathrop
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t, YL Aan.. l,S 7/ 24/ 2023
Tony Fernandes Date
Information Systems Director
Accepted by: City of Lathrop
390 Towne Centre Drive
Resolution: Lathrop, CA 95330
en J. Salvatore Date
City Manager
CONSULTANT: Jory Wolf
Magellan Broadband
999 18t'' Street.

Denver, Colorado, 80202
Fed ID #: (, 5- 1- 4' U`+
Business License#: -`'
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6, I t. (' bin. U' 7/ 24/ 2023
Signa ure Date
7ohn Honker principal
Jory Wolf Program Executive

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PROPOSAL
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Broadband Master Plan
Digital Infrastructure Design
Prepa ed for: Prepared by:

Tony f e nandes Jory Wolf
Chief Informa ion Ofificer Magellan AJvisors
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Letter of Transmittal
November 17, 2022
Tony Fernandes
City of Lathrop, CA
Dear Tony,
Magellan Advisors is pleased to submit this proposal for the development of a Broadband Master Plan and design engineering. Magellan provides professional consulting services to local governments that want to develop effective broadband, IT, and Smart City strategies that are unique to their communities and are based on real- world and demonstrable success. We provide planning and implementation services for local governments and public utilities across the US, assisting over 400 cities, counties and public utilities to develop and execute plans to plan for the future of broadband and IT within their communities.

Our team of advisors has worked with municipalities throughout California to help them develop and execute broadband strategies for their communities. We understand the challenges and opportunities in gaining a competitive edge in terms of economic development and Smart City planning. Magellan assists local governments to create actionable strategies to leverage existing infrastructure, develop strategic partnerships, create successful broadband policies and identify smart investments to enhance municipal operation, businesses, education, healthcare and quality of life for all citizens. Some of our clients in Southern California include:

South Bay Cities Council of Governments, CA - Broadband Master Plan & Implementation Ventura County, CA - Countywide Broadband Plan
Inglewood, CA - Fiber Master Plan
Santa Ana, CA - Fiber Master Plan & Wireless Policy Development Santa Clarita, CA - Broadband Master Plan
Oxnard, CA - Fiber Master Plan
Moorpark, CA - Fiber Master Plan
As every community is unique, our goal is to deliver individually tailored strategies and guidance to you. We will work extensively with your staff and departments as well as stakeholders in your communities to understand how Lathrop can best use its unique capabilities and strengths to increase economic development and government innovation by enhancing the availability of broadband throughout the community. Through outreach to your businesses and community anchors, we assess the state of your broadband market to provide insight on how your individual communities are served today and identify key issues impacting economic development, education, healthcare, public safety and quality of life. Based on your environment, we develop www. MAG ELLAN BROADBAN D. conn
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DocuSign Envelope ID: 83CC91D& 359E- 4575-855C-5C785230BFAD LL Magellan
solutions to improve your local broadband, using a variety of local resources, business model options and strategic partnerships.

Our real-world experience designing, building and operating these networks allows us to customize them specifically to capitalize on existing infrastructure, planned projects and private developments, and partnership and in- kind opportunities to create a network that is incrementally expanded to support the needs of unserved and underserved populations. We complement these designs with construction cost estimates and financial plans that detail the revenues and costs generated by the network, based on actual data from active broadband networks. Our Certified Financial Analysts provide detailed financial plans that test the sustainability of these networks, providing key financial information that helps you make wise decisions on if and how to make investments in broadband. Finally, we collaborate with you throughout the engagement to convey our findings, informing and guiding your decision making with real-world options that you can consider to improve Lathrop' s broadband environment.

We believe that broadband consultants are only as good as the results they produce in their clients' communities. Through our work, we' ve helped municipalities enhance their communities with leading edge broadband services. Magellan is prepared to help the City of Lathrop through this complex process to evaluate the feasible options to support your decision- making process around broadband strategies.

Sincerely,
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Jory Wolf
VP of Digital Innovation, Magellan Advisors
818312. 7768
JWolf@magellanbroadband. com
www. MAGELLANBROADBAND. conn
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DocuSign Envelope ID: 83CC91D8- 359E- 4575- 855C- 5C785230BFAD Mage!/ an--
About Magellan
Magellan is a Denver- based firm with locai offices in Miami, Los Angeles, and Kansas City.

Magellan' s primary address is 999 18th Street, Suite 3000 Denver, CO 80202. Magellan Advisors, LLC was founded in January of 2004 and has been in operation as a Florida Limited Liability Company since inception. Our Federal EIN is 65- 1218484. Magellan maintains a staff of 40 full and part time employees.

Magellan provides leading wireless, broadband, Smart City, turnkey design and engineering, and project and construction management to public and private organizations. We are a full spectrum planning and implementation firm that brings together technology, communications, and utility consulting to create smart gigabit cities of tomorrow.

Our professionals bring years of experience from the broadband, telecom, information technology and government sectors. We are thought leaders and real- world implementers of broadband and smart city networks that keep communities competitive in the digital world.

Unlike most consulting firms, we partner with our clients every step of the way, whether they are deploying institutional fiber networks, developing broadband public- private partnerships or deploying Smart City networks. We are a " hands- an" firm with strong project management abilities and implementation skills to see our clients' projects through from concept to completion.

We are only successful when our clients are successful. Our goal is to deliver practical broadband and technology solutions that our clients are capable of implementing in their communities. Our combination of unmatched broadband, telecom, business, and operational experience creates actionable strategies that communities use to realize their broadband and Smart City objectives.

We have led the planning, funding, construction, and management of over 50 fiber- to- the- premise networks passing over 1 million homes and connecting more than 1, 000 schools, hospitals, government offices and community organizations. Our work has resulted in over 1 billion in new broadband investments nationwide. Magellan has helped more communities successfully plan, implement, and manage gigabit broadband networks than any other firm in the market. rk.,.,
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Key Personnel

JORY WOLF
VP of Digital Innovation: Project Executive
Joryjoined Magellan after 22 years as CIO ofthe City of Santa Monica, CA where he launched Santa Monica City Wi- Fi, which provides free internet services to the public through a network of 32 hot zones and wireless coverage in most major commercial and transit corridors throughout the city. He created Santa Monica City Net, a 100- gigabit broadband initiative to support an environment for local businesses to compete in the global economy with cutting edge network solutions. Jory has over 35 years of experience in Information Technology, including broadband, FTTH and Smart City initiatives. Jory and his teams have received over 50 awards for information technology projects during his career and in 2012 he received the CIO Lifetime Achievement Award from the Los Angeles Business Journal. Since joining Magellan Advisors in July 2016, Jory has led teams that have worked on 60+ government projects in broadband master planning, feasibility studies, wireless strategic planning, 5G small cell policies, dig once policies and smart city.

WILL MORAT
Senior Broadband Consultant: Project Manager
Will has 15 years of experience leading complex projects in government, communications, and economic development. He has led public ber optic network projects from the nascent stages all the way through launch. His focus is on leveraging public assets with private investment to realize community benefit:
closing the Digital Divide, improving public services through technology, and enhancing the quality of life and economic environment. Will brings a background in public policy, local government administration, and cross-departmental experience in project management that complements the critical role of broadband in community growth and development.

PRESTON YOUNG
Senior Broadband Consultant
Preston Young has many years of experience in the telecom industry, specializing in program management of large- scale fiber optic construction over builds. He has experience managing many projects of all sizes, working with major telecom and wireless providers in managing all aspects of the projects including contract management, budget analysis, high- level design, low- level design, construction, milestone reporting, and government and municipality management. Preston is a very detailed program manager with a tenacious quest for success and learning, results driven leadership and analytical thinking. He thrives on efficient on- time projects that meet or are under budget. www. MAGELLANBROADBAND. conn
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DocuSign Envelope ID: 83CC91D8- 359E- 4575- 855C- 5C7852308FAD MagellanGREG WHELAN
Senior Broadband Consultant
Greg is a subject matter expert in broadband, fiber, digital infrastructure, mobile, 5G, cloud/ edge, telecommunications, and IoT. He was a pioneer in broadband and created the project the led to the first broadband modem chipset in the industry. He was a co- founder and vice president of the original Broadband Forum and participated in early international broadband standards organizations. He was part of the team that architecture one of the first Open Access Broadband netwarks in the USA and a was early in connecting private funding and open fiber networks in the USA. Prior to joining Magellan Advisors, he was an independent broadband industry analyst and advisor. Before that he led broadband marketing and products at Cisco Systems, Cascade Communications, Analog Devices and a number of start-ups in greater Boston.

DAVID BREVITZ
Senior Broadband Consultant
David has decades of experience in the telecommunications industry from an extensive array of telecommunications engagements in the U. S. and internationally. This experience provides depth and capability in the subjects of broadband trends and planning, market analysis and surveillance, telecommunications stakeholder engagement, wireless and wireless broadband trends and developments, industry financial reporting and analysis, telecommunications company operations, back office systems and business plans, interconnection and unbundled network element pricing, telecommunications service costing and universal service goals and objectives.

AL KAMUDA
Design Team Lead
AI Kamuda is a seasoned telecommunications and GIS professional with over 20 years' experience in telecommunications engineering, mapping, design and outside plant construction. Prior to joining Magellan, AI was the Senior Design Manager for the Central Florida region at Spectrum ( Charter Communications), where he led the planning, project management and implementation of outside plant design for various company growth projects in luding residentiai, commercial, cellular backhaul and metro WIFI. His extensive experience with the telecommunications industry, CAD platforms and geospatial expertise along with his strategic forward thinking provides an extremely diverse skill set that allows him the valuable insight needed to understand the clienYs objectives in all aspects of telecommunications construction and design processes. 0 www. MAGELLANBROADBAN D. coM
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DocuSign Envelope ID: 83CC91D8- 359E- 4575- 855C- 5C785230BFAD M gellanMATTHEW SOUTHWELL
Associate Project Manager — Design
Matthew Southwell has over 13 years in the telecommunications field. Matthev s career began as a U. S Army Sergeant where he worked on tactical communication systems, Sat- Com radio systems, and deploying weekly COMSEC key changes OTAR( Over the Air Rekeying) with newly deployed radio systems during two Operation Enduring Freedom deployments. Matthew' s private sector work includes work with a Motorola radio distributor and contractor where he supported many Federal, State, and local County entities to include: Department of Homeland Security, Immigration and Customs Enforcement, Drug Enforcement Administration, Florida Highway Patrol, Greater Orlando Airport Authority, Orange County SherifPs Office, and the Lake County SherifPs Office. Matthew joined Magellan Advisors in 2016 as a telecommunication analyst where he has contributed his knowledge and technical expertise to over 65 broadband projects. Matthew' s current role within Magellan includes analysis of client GIS data and mapping, creating conceptual network designs and costing estimates for future fiber builds. Matthew is a Certified Fiber to the Home Professional ( CFHP) and holds a Business Management Degree with High Honors from Keiser University in Orlando, FL. O

TAMARA MAN N
Project Management Analyst
Tamara has several years of experience in the Information Technology industry. Her background is in data analytics, business intelligence, and project coordination in software automation and implementation. Tamara has a history of crafting customized reports based on the detailed analysis of complex data sets. She has played a critical role in tracking project milestones, timelines, budgets, and risks to ensure effective completion of project deliverables within target parameters. She has experience in leading and supporting multiple projects at a time, as well as program / portfolio management.

Tamara is an enthusiastic Project Administrator dedicated to professional development and growth. She is currently pursuing a bachelor' s degree in business administration with a concentration in business intelligence and analytic management from DeVry University.

COLE HENKLE
Director - Broadband Design
Cole has a decade of experience managing large broadband designs. He manages the full life cycle of engineering projects from inception to completion, managing all permitting activities and personnel in local and remote locations. He has direct experience working with major carriers, municipalities and regional governments on regional fiber and broadband deployments across the US, some of which include Google Fiber, Verizon and the Cities of Hillsboro, OR, Chesapeake, VA, Portsmouth, VA, Boulder, CO, and Ann Arbor, MI. Mr. Henkle led the City of Hillsboro design engineering project, with 100 miles of fiber backbone and 5, 000 homes designed and built to date.
www. MAGELLANBROADBAN D. conn
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SHAWN MORRIS
Broadband Designer
Shawn Morris has more than seven years of experience designing, and coordinating fiber projects and has additional experience in the architecture design industry. Most recently, Shawn has contributed towards multiple municipality based FTTH and Infrastructural Network projects. Shawn excels at identifying potentiai problems early in projects and uses his problem- solving skills to plan and develop processes and procedures to navigate each unique challenge. His excellent customer service is consistently recognized by our clients and Shawn always ensures that quality deliverables are provided. Shawn holds a Master of Architecture from Kansas State University. Shawn is experienced with the following software: Microsoft Office, Autocad, ArcGIS, 3-GIS, SketchUp, Adobe InDesign, G Suite, and Lucidchart.
www. MAGELLANBROADBAND. coM
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DocuSign Envelope ID: 83CC91D8- 359E- 4575- 855C- 5C785230BFAD Magel/anScope of Work
Magellan has worked with countless communities to explore ways to expand options for broadband access for municipa! use, economic development, and to reach underserved and unserved populations. Our methodology is designed to gain a clear picture of the current broadband environment, leverage existing assets, engage in partnerships, understand funding, and find innovative ways for local governments to play a role in improving competition, reliability, and resiliency for their communities.

DESIGN ENGINEERING
A: Conceptual Design
Magellan will create a High- Level Design( 30%). As we develop the High- Level Design, we will work with the City of Lathrop team to determine the best running lines, infrastructure and locations where fiber should be constructed.

Magellan will have their design process begin in which fiber alignments, placements, structures, cable sizes and splice points are identified in the network. Magellan will work with the City to analyze any existing fiber backbone routes and determine the best construction strategy and methods. Minor changes in the backbone routes may be preferred to avoid congestion or those planned for replacement in the next few years.

Also, Magellan will look at opportunities to optimize the backbone for future City services and broadband applications that may give the City advantages for expanding the network in the future but come with little if any additional cost today. The High- Level Design will include geo- located data layers for the following:

Review of construction standards, policies and practices m Placement of new backbone cable
n Right of way analysis
Sites to connect on the backbone
Laterals to each site
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Interconnection with core data centers/ utiliry sites
The 309 o High- Level Design will focus on 4 key components that will accurately inform and guide the final design engineering:

Backhaul/ Redundant Connections - Connecting the Citys local, publicly- owned fiber network to other public and/ or private regional middle- mile and long-haul transport circuits to procure diverse, redundant pathways to colocatian and data facilities that ensure connection to the Internet. A resilient City network will require at least two independent fiber paths to ensure that service is not interrupted due to technical issues, construction, accidental cable cuts, natural disasters/fire, or other unforeseen events.

Core Fiber Backbone - Connecting communities to one another across the City and building a highcapacity fiber backbone that connects to the greater internet points of presence, colocation centers and central offices. The core fiber backbone will consist of high-count fiber using redundant rings and/ or mesh www. MAGELLANBROADBAN D. coM
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DocuSign Envelope ID: 83CC91D8-359E-4575-855C-5C785230BFAD Magellanarchitectures to support a highly resilient backbone. It will include all outside plant fiber assets, hut locations, facility locations and core network elements to light the network.

Fiber Laterals to Key Organizations - We will connect community anchor organizations to the fiber backbone, providing multi- gigabit connectivity to schools, hospitals, government offices, public safety facilities, utilities, cooperatives, and other key facilities. It will include all outside plant fiber assets and network elements to connect facilities to the network.

Fiber To The Home Distribution/ Access - Magellan will provide dense fiber distribution to homes and businesses within each region, enabling individual users to connect to the network. FTTH distribution will include outside plant fiber, distribution huts, splitter cabinets and other distribution elements to enable service drops that will connect end users to the network for fiber to the home broadband services.

As Magellan completes the High- Level Design, we will conduct a formal review with maps illustrating all components of the backbone overbuild. We will present the 30% design, alignments, sites, laterals and connections to give the Lathrop City staff a first look at the preliminary design, provide feedback and give Magellan a chance to make any adjustments to running lines and other outside plant aspects of the network before moving into detailed engineering.

B: Low Level Design ( 60%)
Once consensus on the high- level design has been received, Magellan will begin the onsite fielding process, in which the internal eld team will conduct detailed walkouts of all routes and fiber lines. Our fielding process identifies features and attributes, constructability, hazards, and survey of existing infrastructure.

We utilize Trimble GPS units for all fielding and iPad data collection to record features and upload them in real time to our design engineers in the back office. This gives us the ability to expedite the design process in concert with our onsite field team. The fielding team will also provide make- ready analysis for the fiber overbuild. Magellan will look at the opportunities to over lash to existing cable vs new attachments for backbone fiber installation.

After all field data has been collected, Magellan will begin the detailed engineering design from the survey data and make adjustments to running lines. This is known as the Low-Level Design and is the 6096 milestone. Magellan utilizes a route optimization process to determine the best paths for fiber backbone routes, avoiding any potential constructability issues encountered during the fielding process. This process allows us to optimize the final routes for you and value engineer the network to keep costs down. Our lowlevel design process will also create all fiber cable sizes, splicing diagrams, port assignments, terminations and final site connections for the new backbone. Furthermore, it will provide preliminary bills of materials and cost estimates for the new network.

Magellan will review the Low- Level Design ( 60) with the City and will provide the first set of construction prints with detailed placement and routing, integration with existing fiber and conduit, preliminary ber splice plans, cabinet layouts, pedestals and other low- level outside plant infrastructure documentation.

Magellan will provide a detailed review of the plant with the Ciry, pointing out how the design has changed from the 309 o Conceptual Design. In this review, Magellan will provide GIS data and plots to the City in www. MAGELLANBROADBAN D. coM
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DocuSign Envelope ID: 83CC91D8- 359E-4575- 855C- 5C7852306FAD Mayellanadvance of the meetings, so you have ample time to review. Accompanying this data will also be the preliminary cost estimates, bills of materials and bid package documents for construction. This 60 review will give the City a chance to provide feedback to Magellan at a more detailed level and better understand the costs of plant construction, to determine if any changes should be made to reduce budgets, speed the deployment or adjust the fiber routes.

C: Final Design( 90%)
Once all updates are invoked Magellan will complete the 9096 milestone known as the Final Design. This design process will incorporate any changes from the 60% Low Level Design into the final design. We will finalize all routing, alignments, separations, structure sizing and placement, cabinet placement, splice plans and other components of the design. This process will also identify all permits required, costs and timeframes to acquire the permits. Magellan will have a final review with the City to review all of the scope and address any questions or concerns.

The Final Design and Bid Package will provide the City with the following; 6 All construction documents
City procurement requirements
a Construction standards
Construction plans
Sequencing and schedules
Bills of Materials( see Task 2. 0 below) using unit costs and pay items for the release and RFP or invitation to bid.

Magellan will provide final QA/ QC on all documents and conduct a formal review of the final deliverables with the Ciry to determine if any changes need to be made before going to bid. Magellan will develop the final bid package for construction and pr vide the City with all content to support a competitive construction proturement. Magellan will provide design specifications, prints, pay items, units, and final documents, incorporating in the Citys existing procurement documents to create a final construction package for release to the market. Magellan is happy to manage the pre- bid meeting, answer questions, post addenda, evaluate bidders and make recommendations to the City on the final award.

D: Bill of Materials
Magellan will create a final high- level design and cost estimates for the fiber and wireless networks which itemizes all labor, materials and equipment costs. We will provide a comprehensive bill of materials with unit rates for construction, based on local labor costs that are commensurate with the current market. This bill of materials will supply each per unit cost for outside plant construction, splicing, termination, testing, wireless siting, construction, installation and activation.

Deliverable: Magellan will provide geodata files, maps and accompanying files for a 304b High Level Design, 6096 Low Level Design, a 90 Final Design and a Bill of Materials. www. MAGELLANBROADBAND. coM
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FIBER MASTER PLAN
TASK 1. ASSET INVENTORY
We will conduct a streamlined asset inventory of the current broadband assets in the public rightof-way including conduit, fiber, antennas, poles, towers, abandoned facilities, active facilities, and other infrastructure to determine their usefulness for expanding broadband within the region.

This effort will provide a realistic assessment of assets available for expanding broadband connectivity. This streamlined approach relies on the City providing Magellan requested data in shp file format or access to the City' s GIS to expedite downloading of data.

We believe that the following components should be analyzed:
e
Underground conduit, innerduct, empty and available conduit Fiber cables, strand counts, splice points, terminations and utilized strands Vault and handhole locations
a
Available and reserved capacity throughout the network
Construction and placement method policies
Current as- builts and documentation
Terminating locations and public facilities
GIS maps including publicly-owned properry, right of way, easements Location of capital improvement projects and economic development zones Current and planned locations of public safery cameras and traffic signal interconnect Magellan will request GIS files, capital projects, planning and development data from the City to develop a broadband asset map. Using this data, we propose to first build a geo- correct layer of conduit and fiber, identifying placed conduit, type, size, status ( occupied/ vacant) and related information. A second layer will incorporate poles, traffic signal cabinets and other assets to be used for expanding broadband.

A third layer will include General, Economic Development, Transportation and Capital Projects Plans to identify strategic and cost- effective methods of deploying and expanding broadband in a planned, organized and phased approach. We will work closely with the City to assess planned projects that may create opportunities to install additional conduit and fiber through long-term capital projects schedules, public rights- of-way encroachments and development agreements, and build a map that identifies the projects where broadband infrastructure could be installed over a 10- year period.
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DocuSign Envelope ID: 83CC91D8-359E-4575-855C-5C785230BFAD L-~- Magellan
TASK 2. MARKET ASSESSMENT
Our team will conduct a market analysis to gain an understanding of what service offerings are currently available to businesses and residents in Lathrop. Magellan' s market analysis will identify the services that are available, providers, service level, pricing, and access. We will document all privately-owned networks and research incumbent providers that currently serve the market as well as potential new entrants. This information will come from a variety of sources, including our comprehensive broadband database, third- party research, and information obtained from the providers themselves.

We will then analyze the current market and delineate served, underserved and unserved areas that have a need for broadband but currently lack the necessary infrastructure. We will also work with the local providers to understand and document their current needs, as they too are stakeholders in the region.

TASK 3. NEEDS ASSESSMENT
Magellan will conduct an online broadband survey, providing important information to inventory current services, test speeds across the City, and identify opportunities to build additional infrastructure to serve underserved communities and improve services and rates. The survey instrument will include an embedded speed test since actual performance is often lower than what is documented by the FCC and other sources. It will also include questions about use and access to inform us about digital literacy issues within the community.

Magellan will build the survey based on our experience of what questions work best to build an understanding of current and future broadband needs and will also guide the City in effectively marketing the survey to receive a strong response rate, including the use of social media, partnering with local business groups, and posting the survey on the City' s website.

Magellan proposes to also hold interviews with key community organizations to gain a better understanding of current and future broadband and technology needs and issues. We find the most effective format for these interviews to be in group settings where participants are encouraged to share open, honest feedback with our team. During these meetings, we will uncover key information about the needs of the community including what locations are underserved or unserved and digital equity issues including access, affordability, availability of devices, and digital literacy.

We will also work with the City to develop a tool for residents and businesses in Lathrop to access in order to learn information about what service offerings are available in their neighborhood or Census block, including speeds, pricing, and other key information for service selection. The tool may be a website, online portal, or similar setup and may consist of existing tools such as publicly available broadband mapping data, links to service providers availability websites, and/ or newly collected data from the service providers or other resources specific to Lathrop. We will work with your team to investigate the most feasible option and will assist with collecting data and designing the chosen tool.
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DocuSign Envelope ID: 83CC91D8- 359E- 4575- 855G5C785230BFAD Ma9e1/an--
TASK 4. GAP ANALYSIS
Based on the information uncovered in Tasks 1- 3, Magellan will develop a gap analysis identifying key issues and barriers related to ensuring that Lathrop' s community has access to 100 mbps symmetrical broadband. Our analysis will include gaps in:

Broadband infrastructure including fiber- optic and wireless assets Broadband availability, affordability, and speeds
Digital equity
Digital literacy programs
The analysis will include recommendations for filling each of these gaps, including the deployment of new infrastructure, working with providers to improve availability and quality of services, ensuring that all locations of the community have equal access, assisting in developing partnerships with CBOs and recommending educational programs to increase digital literacy.

TASK 5. CONCEPTUAL DESIGN
Based on the gap analysis, Magellan will develop a conceptual network design that includes the locations and type of infrastructure needed to address the needs of Lathrop' s community. The design leverage existing infrastructure and planned projects and will include recommended new infrastructure such as fiber- optic and wireless facilities to address the near- and long- term needs of residents, businesses, and community anchor institutions in Lathrop. We will include GIS mapping of the proposed conceptual network design, which will be detailed enough to allow us to provide high- level cost estimates for implementing the broadband network. Our team will also help the City evaluate the feasibility and costs associated with different types of infrastructure to ensure that the final design meets the needs of the communities it will serve.

TASK 6. PHASED IMPLEMENTATION PLAN
We believe a phased approach to implementing this project is key. Magellan' s team will help you develop a prioritized, phased approach that uses a " crawl, walk, run" approach to additional fiber deployment, which may include recommendations for using wireless infrastructure to meet the immediate needs of the community. We will identify near term, high- impact projects that will demonstrate capabilities and competence for the City, while minimizing capital investment. These small steps are important to help you build toward larger goals. Building on the initial successes, we will provide a roadmap for fiber infrastructure deployment, based on the priorities of your community and with clear milestones that should be achieved along the way.

TASK 7. BUSINESS MODEL EVALUATION
Based on the information gathered about your community during preceding tasks, our team will identify the most appropriate business model option for broadband expansion which may include opportunities for joint build, partnership options, regional collaborations, considerations about the competitive environment, and funding.

Magellan will assist the City with investigating the business model options including public- private agreements with incumbent and new entrant broadband providers. Some of the key questions that we will address in this section include:
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What opportunities exist for the City to leverage its existing infrastructure to provide additional broadband service options to unserved and underserved locations? How might joint investment in broadband infrastructure be accomplished between the City and other public or private sector organizations?
What legal and operational structures should be considered by the City and other organizations in use of the proposed infrastructure?
How will the City balance private sector goals of revenue growth and profitabiliry with public goals of providing affordable and available broadband services across the region? How will future system expansion be handled between the City and private sector providers and what contributions will the parties make to this infrastructure? What regional opportunities exist for collaboration?
Magellan will provide a recommendation for the most appropriate business model structure for Lathrop.

TASK 8: PARTNER RFP DEVELOPMENT AND EVALUATION
Magellan will assist the City throughout the process of soliciting, evaluating, and selecting the best private sector partner that can operate, maintain, and manage the Citys publicly-owned fiber network through a public- private partnership. Publicly- owned fiber networks that serve retail customers require day-to- day management and maintenance, and some grant funding opportunities require public agencies to secure a private partner prior to application submission. Municipalities that don't already operate a power utility typically are not resourced or equipped to efficiently operate as an internet provider, and finding the right private partner to handle network management is essential to long-term success.

Aligned with City projett goals and adhering to procurement processes, Magellan will develop and draft an RFP that will solicit comprehensive proposals from Internet Services Providers ( ISP) that are qualified and capable of operating the Citys future fiber network. We will organize and draft the RFP to leverage City assets, infrastructure, and planned network construction in order to maximize the proposed contribution of RFP respondents.

Magellan will also utilize its experience to help the City evaluate proposals based on detailed and transparent criteria, including working closely with City- appointed evaluators( either City staff, community stakeholders, or both). We will also work closely with staff to draft reports, memos, and presentation slide decks in preparation for any public meetings where City Council or other legislative deliberation and action is required.

TASK 9. REPORT COMPILATION & APPROVAL PROCESS
The culmination of the project will be a Broadband Strategic Plan that lays out strategies for Lathrop to implement its community broadband initiatives. Magellan will provide a report that details actionable steps for the City to expand broadband access and adoption among its population to address the digital divide. Prior to finalizing, Magellan will provide the City' s team with an opportunity to review the Plan and will work with the City to ensure that it is 100% representative of the needs of the community. We will also be available to present our findings and recommendations to leadership for adoption of the Plan. www. MAG E LLAN BROADBAN D. coM
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DocuSign Envelope ID: 83CC91 D& 359E- 4575- 855C- 5C7852306FAD MagellanTASK 10: PARTNER TERMS & NEGOTIATIONS
Magellan will assist the City in determining terms and conditions of an agreement with its selected partner and assist the City in negotiating a long-term public- private partnership agreement. Magellan will work closely with the City to participate and advise throughout the negotiation process, including developing and drafting the outline of a proposed partnership agreement for the City to review and prepare for City Council consideration. Magellan will specifically assist the City in negotiating the best terms that address the following key terms:

Ciry broadband services for public facilities
Retail services & pricing to a range of customer segments, which may include residential and/ or commercial
Retail services & pricing to government, education, healthcare and anchor organizations Retail services that leverage other utilities for outsourced content and services s
Fiber leasing arrangements
a
Revenue sharing agreements
Open Access Model compliance
Phased roll-out of lit services to customers
Milestones & performance schedules to guarantee delivery of services Partnership arrangements with third- party asset owners( City, other private telecoms) a Others to be determined throughout the course of negotiations.

PROJECT MANAGEMENT & MEETINGS
Magellan' s project team will meet on a bi- weekly basis with your project team to discuss the status of the project, major milestones and deliverables, and ensure alignment on project goals. www. MAGELLANBROADBAND. conn
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Proj ect Timeline
Based on projects of a similar nature, we estimate that Lathrop' s Broadband Planning process would take approximately eight ( 8) months to tomplete.

Ongoing Task
Final Deliverable
II 1age/l
Asset Inventory
Market Assessment
Needs Assessment
Gap Analysis
Conceptual Network Design
Phased Implementation Plan
Business Model Evaluation
Partner RFP Development& Evaluation
Design Engineering
Final Report& Approval Process
Partner Terms& Negotiations
Project Management& Meetings
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DocuSign Envelope ID: 83CC91D8- 359E- 4575- 855G5C 85230BFAD M$// AR--
Project Costs
The total c st to the City of Lathrop for the Broadband Strategic Plan is $ 497, 915 and includes all work to be completed by Magellan as stated in this Proposal. Magellan will bill the City in eight 8) equal monthly payments of$ 62, 239. 38. Magellan will bill on the first day of the month for the current month' s services. Travel and incidental expenses are not anticipated for this project as all work will be performed remotely. Invoices are payable on net 30 terms from the date of invoice. Pricing for Design Engineering are estimated costs and may be adjusted based on the data collected and knowledge gained during the effort.

Design Engineering 297, 905
Fiber Master Plan
Asset Inventory 17, 700
Market Assessment 11, 800
Needs Assessment 23, 600
Gap Analysis 17, 700
Conceptual Network Design 23, 600
Phased Implementation Plan 17, 700
Business Model Evaluation 11, 800
Partner RFP Development& Evaluation 17, 700
Report Compilation& Approval Process 17, 700
Partner Terms& Negotiations 17, 700
Project Management 8t Meetings 23, 010
Total for Fiber Master Plan 200, 010
Total for All Seroices 497, 915
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DocuSign Envelope ID: 83CC91D8- 359E- 4575-855C- 5C785230BFAD y
MagellanEngineering Phase Services
Unit of
Unit Cost Quantity Total Cost
Measure
High- Level Design LF 0. 35 147, 128 51, 494. 80
Engineering Design LF 0. 45 147, 128 66, 207. 60
Permitting LF 0. 20 147, 128 29, 425. 60
Final Construction Drawings LF 0. 20 147, 128 29, 425. 60 Staking/ Pre- Construction( ccnstruction prep) LF 0. 20 147, 128 29, 425. 60 As- Builts( post construction LF 0. 20 147, 128 29, 425. 60 PE Stamps Hourly 250 130 32, 500. 00
Fielding Travel Costs Not To Exceed 30, 000.00
Design Engineering Total: 297, 905
Personnel Title Specific Personne!
Estimated
Hourly Rate Total
Hours
Project Executive Jory Wolf 90 260 23, 400
Project Manager Will Morat 210 185 38, 850
Broadband Consultant Preston Young 160 180 28, 800
Broadband Consultant Greg Whelan 150 180 27, 000
Broadband Consultant David Brevitz 160 180 28, 800
GIS Engineer AI Kamuda 79 140 11, 060
GIS Engineer Matthew Southwell 95 140 13, 300
Project Coordinator Tamara Mann 240 120 28, 800
Total Hourly Costs 200 010
Design Engineering Costs @ $ 1. 60 per foot for 147, 128 feet 297, 905 Total Project Costs 497 915
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Exhibit C d t:.
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PUBLIC UTILITIES COMMISSION

STATE OF CALIFORNIA
505 VAN NESS AVENUE I SAN FRANCISCO, CALIFORNIA 94102
300 CAPITOL MALL I SACRAMENTO, CALIFORNIA 95814
July 7, 2023
Tony Fernandes
[email protected]
Re: Broadband Infrastructure Planning Project
Dear Tony Fernandes:

Congratulations! The California Public Utilities Coinnussion is pleased to inform you that the City Lathrop' s application for Local Agency Technical Assistance grant funding for City of Lathrop' s Broadband Infrastructure Planning Project in the amount of up to$ 497, 915 has been approved. Your application was received on December 1, 2022, and was posted on the CPUC' s Local Agency Technical Assistance webpage. Per Resolution T- 17793, the Comnussion has approved your award.

The award is predicated on the City of Lathrop' s agreement to pxovide technical assistance as detailed in its application. In its application, the City of Lathrop agreed to comply with the specified Ministerial Review criteria as well as to fulfill all requirements, guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22- 02- 026 including but not limited to execution and performance, payment, reporting and award acceptance requirements listed in Attachments 1 and 2 of this letter. Please sign and submit the following: 1. A Consent Form binding your organization to the terms of the grant and 2. A State of California Government Agenc Tax Pa er ID Form for tax reporting purposes.

You must submit these documents within 30 days of the date of this letter. If you do not, this award is void.

Thank you for your application and please direct any questions to Angela Beane angela. beane( p cbuc. ca. gov and/ or refer to the Grantee Administrative Manual, available at htt s:// bit1% CP UCLATA.

We appreciate your efforts to provide service to our fellow Californians.

Sincerely,
e °:

Maria l. Ellis
Depury Director of Broadband
Communicarions Division
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CALIFORNIA PUBLIC UTILITIES COMMISSION
ATTACHMENT 1
Rec uirements
The grant award is predicated on the City Lathrop' s agreement to provide technical assistance as detailed in its application. In its application, the City Lathrop agreed and attested to comply with the specified Ministerial Review criteria as well as fulfilling all requirements guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D22-02-026, including but not limited to execution and performance, payment, reporting and award acceptance requirements. Key requirements of Local Agency Technical grant include, among others:

All costs are related to the development of broadband network deployment projects to benefit unserved or underserved Californians. These projects may include, but are not limited to, the costs of joint powers authority formarion, environmental studies, network design, and engineering study expenses.

Grant may not exceed$ 500,000 per local agency, per fiscal year.

A signed affidavit agreeing to comply with the terms, conditions and requirements of the grant and submits to the jurisdicrion of the Coininission with respect to the disbursement and administration of the grant as well as applicable state and federal rules concerning broadband services.

Grantee must sign a Consent Form agreeing to the terms stated in the award letter as well as all Local Agency Technical Assistance Rules and Requirements, Guidelines and Application Materials in D.22- 06- 026.

Grantee must complete the reimbursable work product within 24 months.

Grantee must provide Staff a copy of the final reimbursable work product.

Re orting
The grant award is contingent upon fulfilling the reporting requirements per D.22- 06- 026, Attachment 1.

SB 156 requires grantees to fulfill the monthly reporting requirements set forth in Public Utilities Code secrion 281( 1)( 1) ifthey are using a licensed contractor or subcontractor* to undertake a contract or subcontract in excess of twenty- five thousand dollars ($ 25,000). The Commission is required to post that information on its website. Specifically, SB 156 requires the following to be reported to the Coinmission on a monthly basis:

The name and contractor' s license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty- five thousand dollars ($ 25, 000) to perform work on a project funded or financed pursuant to this section.

The location where a contractor or subcontractor described in subparagraph ( A) will be performing that work.

The anticipated dates when that work will be performed.

Licensed contractor or subcontractor means any contractor that holds a California state license through the contractor' s state license board ( https:// www.cslb.ca.gov/). 2 315

CALIFORNIA PUBLIC UTILITIES COMMISSION
Post- completion
Upon completion of the reimbursable work product and before final payment, Grantees must:

Provide a signed completion form stating the technical assistance work has been completed suitable to be posted on the Cominission' s webpage. The signed completion form must be provided prior to final payment and must include a short suinmary of the reimbursable work product( s) performed under the contract, including demonstration that the reimbursable work product( s) idenrify broadband infrastructure deployment projects that will help achieve the CASF deployment goal, and identification of the area( s) where the applicant intends to deploy broadband based on the reimbursable work product( s).

Provide a copy of each reunbursable work product' s final report( s), plans, studies, etc. produced under the contract.

Payment
Payment will be made directly to the local agency as the grant recipient. Local agency grantees may request partial reimbursement if they complete one or more of the approved reimbursable work products prior to completion of other reimbursable work products approved in the same grant authorization. Payment will be based upon receipt and approval of an invoice( s) submitted by the local agency showing the expenditures incurred for the reimbursable work product, along with the reimbursable work product final report/ study/ joint powers agreement, etc., and the completion reporting required above. The invoice( s) must be supported by documentation including but not limited to the actual cost of labor and any other expense that will be recovered by the grant.

To the extent that any portion of an award was used to reimburse a local agency for administrative costs associated with securing or completing a reimbursable work product, the local agency must submit an itemized accounring of such costs, demonstrating the total requested for reimbursement does not exceed 15 percent of the total authorized award. If any portion of reimbursement is found to be out of compliance, grantees will be responsible for refunding any disallowed amount along with appropriate interest rates determined in accordance with applicable Coininission decisions. Grantees are required to maintain records such as files, invoices, and other related documentation for five years after final payment. Grantees shall make these records and invoices available to the Commission upon request and agree that these records are subject to a financial audit by the Cominission at any time within five years after the final payment made to a grantee.

Execution and Performance
The City of Lathrop must complete the project within the 24- month timeframe in accordance with the terms of approval granted by the Coinnussion. If the Grantee is unable to complete project within the 24- month timeframe, it must norify the Comnussion or Director of Communications Division as soon as it becomes aware of this prospect. The Coininission may reduce or withhold payment for failure to sarisfy this requirement. In the event that the Grantee or contractor fails to complete the work in accordance with the approval granted by the Coinmission, and as described in its application and contract, the Grantee must reimburse some or all of the funds it has received.
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CALIFORNIA PUBLIC UTILITIES COMMISSION
The City of Lathrop must sign and submit the linked Consent Form agreeing to the terms of the award within 30 calendar days from the date of this letter. Failure to submit the Consent Form within the timeframe required, the CPUC will deem the grant or award null and void.

The City of Lathrop must communicate in writing to the Communicarions Division' s Director regarding any changes to the substantive terms and condirions underlying the Cominission' s approval of the grant (such as changes to a reimbursable work product contract, work plan or budget) at least 30 days before the anricipated. Substanrive changes may require approval by either the Communications Division Director or by Commission Resolurion before becoming effective.

The Coininission has the right to conduct any necessary audit, verification, and discovery for work proposed or completed under the technical assistance to ensure that funds are spent in accordance with Coiiunission rules and with the terms of approval by the Cotnnussion. 4 317

CALIFORNIA PUBLIC UTI ITIES COMMISSION
ATTACHMENT 2
Local Agency Broadband Technical Assistance Reporting Requirements and Guidelines
Version December 2022
The Local Agency Technical Assistance program provides grants for eligible pre- construction work which facilitates the construction of broadband network projects. When the California Public Utilities Commission CPUC) established the technical assistance grant program, the program was funded with American Rescue Plan Act monies administered by the U.S. Treasury. The source of technical assistance funding has changed.

This guidance outlines grantee reporting.

The Commission issued Decision D.) 22- 02-026 establishing program requirements for the Local Agency Technical Assistance Grant Program.

Grantees must file quarterly progress reports to the Commission with the below information.

Narrative Project Information

1. 1 The counries, ciries and census designated places where households, businesses, and community anchor institutions are planned to be served by the broadband project.

1. 2 Confirmarion that the technical assistance is designed to support projects that, upon complerion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds.

1. 3 Statement of intention about the pricing plans for projects that the technical assistance will support, such as offering of affordable plan or low-income plan subsidized with other funding (ACP).

1. 4 Information on broadband need in the project area.

1. 5 Statement describing the communiry benefits of broadband technical assistance.

Detailed Project Information

2. 1 Individual work products granted by the program.
o Dollars/ hours expended per task/ work product.

2. 2 Estimated construction start date ( month/ year).

2. 3 Estimated construction completion date ( month/ year).

2. 4 Estimated initiation of operations date ( month/ year).

2. 5 Planned project technology type(s):
o Fiber
o Coa al Cable
o Terrestrial Fixed Wireless
o Other ( specify)

2. 6 Estimated total miles of fiber to be deployed.
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CALIFORNIA PUBLIC UTILITIES COMMISSION

2. 7 Planned number of locarions to be served, broken out by type:
o Residentiallocations
o Business connecrions
o Community anchor institurions

2. 8 Planned non- promotional prices including associated fees, speed tiers, and data allowance for each speed tier.

2. 9 Other data on broadband need, by location.

Submission
To assist grantees with the filing of quarterly progress reports to the Coininission, a sample of the reporring requirements is found in Attachment A of this document: htt s:// www. c uc. ca. gov/-/ media/ c ucwebsite/ divisions/ communications- division/ documents/ broadband- im lementation- for- california/ latareporting- rec uirements- dec- 22., df Planned project information listed in Attachment A should be submitted on a quarterly basis to the Coininission' s email at Broadband. TechAssist( a cp_ c. cagov. Grantees need to include in the email subject line:

1. Application Name

2. Project Name

3. The Reporting Quarter/ Month
Updated quarterly project submissions are required to be sent by the due dates shown below. Grantees are responsible for contacring the Coinmission at Broadband. TechAssist ane, c uc. ca. ov, if the information cannot be submitted on time.

Reporting Period Project Information Due to CPUC
October 1 - December 31, 2022 January 31, 2023
January 1 - March 31, 2023 Apri128, 2023
Apri11 - June 30, 2023 July 31, 2023
July 1 - September 30, 2023 October 31, 2023
October 1 - December 31, 2023 January 31, 2024
January 1 - March 31, 2024 Apri128, 2024
Apri11 - June 30, 2024 July 31, 2024
July 1 - September 30, 2024 October 31, 2024
October 1 - December 31, 2024 January 31, 2025
January 1 - March 31, 2025 Apri130, 2025
Apri11 - June 30, 2025 July 31, 2025
July 1 - September 30, 2025 October 31, 2025
October 1 - December 31, 2025 January 30, 2026
January 1 - March 31, 2026 Apri130, 2026
April 1 - June 30, 2026 July 31, 2026
July 1 - September 30, 2026 October 30, 2026
October 1 - December 31, 2026 January 31, 2027
6 319

CALIFORNIA PUBLIC UTILITIES COMMISSION
Addirion al In formation
Reporting requirements and guidelines are subject to change, and CPUC or the Coirunission may define addirional requirements on CPUC' s website.
7 320
ITEM 4. 17

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
DIRT DYNASTY, INC. FOR THE LATHROP AND

HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP
PS 21- 06
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Dirt Dynasty, Inc. for the Lathrop
Road and Harlan Road Intersection Improvements,
CIP PS 21- 06, Authorize the Filing of a Notice of
Completion, Release of Contract Retention, and
Release of Performance and Payment Bonds
SUMMARY:

On February 14, 2022, City Council awarded a construction contract to Dirt Dynasty, Inc. ( Dirt Dynasty) for the construction of the athrop Road and Harlan Road Intersection Improvements, Capital Improvement Project ( CIP) PS 21- 06 ( Project).

The Project improved the efficiency of vehicutar movement and pedestrian safety at and approaching the intersection.

These improvements have been inspected by staff and deemed complete in accordance with the approved plans and specifications by the City Engineer. Dirt Dynasty has provided a one- year warranty bond based on 10% of the completed improvement construction cost and lien releases for the improvements being accepted.

Staff is requesting City Council accept the improvements constructed by Dirt Dynasty for the Lathrop Road and Harlan Road Intersection Improvements, CIP PS 21- 06.

Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Dirt Dynasty for 10, 776 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

The increase in vehicular traffic volumes through the intersection of Lathrop Road and Harlan Road has increased the need for improvements to traffic flow. Adjacent developments including Panda Express, Sonic and Dutch Brothers increased the need for a north/ south pedestrian crossing at Lathrop Road and northbound I- 5 intersection. The Project was created to increase the intersection' s capacity by adding one exclusive left turn lane to that existing from northbound Harlan Road onto westbound Lathrop Road, and extending the left turn lane from eastbound Lathrop Road o a nort ioound Harlan Road by 90 reet.
321
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC.

FOR THE LATHROP AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP PS 21- 06
The Project also increased pedestrian safety by providing a new crosswalk across Lathrop Road on the east side of its intersection with the northbound Interstate 5 ramps.

On February 14, 2022, City Council awarded a construction contract to Dirt Dynasty for the construction of these improvements. The awarded contract was for $807, 000, plus a 15% construction contingency of $ 121, 050 for a total of $ 928, 050 was authorized for staff to use as necessary to achieve the goals of the Project.

During construction, additional contract change orders were issued for a final contract amount of $ 862, 067. The construction costs referenced below capture all expenditures.

Construction costs are as follows:

A. Construction Contract 807, 000
B. Additional Change Orders 55, 067
Total Construction Cost 862, 067
The paving work was completed on December 2022; however, several locations near the intersection of Lathrop Road and Harlan Road needed to be replaced due to failure of the material. The low temperatures and consistent rain delayed the paving repairs until current summer 2023. Dirt Dynasty has completed the reconstruction of the center median islands, signal modifications, pedestrian improvements, and Microsurfacing corrective paving work. Staff has inspected these improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

Upon acceptance of the improvements, the performance bond ( Bond No. 070215698, 807, 000) and payment bond ( Bond No. 070215698, $ 807, 000) will be released and replaced with a one- year warranty bond ( Bond No. 070215698- W, $ 82, 207). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements.

Dirt Dynasty has also provided the necessary lien releases for the materials supplied and completed work. Staff is requesting that City Council accept the improvements constructed by Dirt Dynasty for the Project.

Staff also requests that City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Dirt Dynasty for $ 10, 776 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. 322
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC.

FOR THE LATHROP AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP PS 21- 06
REASON FOR RECOMMENDATION:

The City Council' s acceptance of these improvements and authorization to file a Notice of Completion will allow the release of retention to Dirt Dynasty as required by the City Municipal Code.

FISCAL IMPACT:

The final construction contract amount for CIP PS 21- 06 is for $ 862, 067. Adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of this Project, staff requests that unused funds be transferred back into the General Fund Street Repair Reserves ( 1010).

ATTACH M ENTS:

A. Resolution Accepting Public Improvements Constructed by Dirt Dynasty, Inc. for the Lathrop Road and Harlan Road Intersection Improvements, CIP PS 21- 06, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Lathrop Road and Harlan Road Intersection Improvements, ( CIP) PS 21- 06
323
CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC.

FOR THE LATHROP AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP PS 21- 06
APPROVALS:
2 y o 3
Angel Abarca Date
Assistant Engineer
4,-
Ken Reed Date
Senior Construction Manager
3 Zo23
Brad ylor Date
City; ngineer
1 1
a • Date
inance irector
1--- f • 2`t • 2o Z3
Michael King Date
Assistant City Manager
7 -Ly- L3
Salvador Navarrete Date
City Attorney
r _ ' Fotz
8 - -T - ZoZ3
Stephen J. Salvatore Date
City Manager
324
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC. FOR LATHROP ROAD AND HARLAN ROAD INTERSECTION
IMPROVEMENTS, CIP PS 21- 06, AUTHORIZE THE FILING OF A NOTICE OF

COMPLETION, RELEASE OF CONTRACT RETENTION, AND RELEASE OF

PERFORMANCE AND PAYMENT BONDS
WHEREAS, on February 14, 2022, City Council awarded a construction contract to Dirt Dynasty, Inc. ( Dirt Dynasty) for the construction of Lathrop Road and Harlan Road Intersection Improvements, Capital Improvement Project ( CIP) PS 21- 06 ( Project); and
WHEREAS, the Project included adding one exciusive left turn lane from northbound Harlan Road onto westbound Lathrop Road and extending the left turn lane from eastbound Lathrop Road onto northbound Harlan Road; and WHEREAS, pedestrian improvements provided a new crosswalk across Lathrop Road on the east side of the northbound Interstate 5 ( I- 5) ramps; and WHEREAS, Dirt Dynasty has successfully completed the reconstruction of the center median islands, signal modifications, and pedestrian improvements; and WHEREAS, staff has inspected these improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and
WHEREAS, Dirt Dynasty has provided the necessary lien releases for the materials suppiied and completed work and a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and WHEREAS, the performance bond ( Bond No. 070Z15698, $ 807, 000) and payment bond ( Bond No. 070215698, $ 807, 000) will be released and replaced with a one- year warranty bond ( Bond No. 070215698- W, $ 82, 207) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or repiacements that may become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, staff requests City Council accept the public improvements constructed by Dirty Dynasty for the Lathrop Road and Harlan Road Intersection Improvements, CIP PS 21- 06; and
325
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Dirt Dynasty in the amount of $ 10, 776, within forty-five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Dirt Dynasty for Lathrop Road and Harlan Road Intersection Improvements CIP PS 21- 06; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Dirt Dynasty in the amount of $ 10, 776, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds. 326
The foregoing resolution was passed and adopted this 14th day of August 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 327

ATTACHMENT
M N

RECORDING REQUESTED BY, AND
HEIV REC( RDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Erer iptfi-ont pa nie tt of recordi ig fees( GC 1! 9221

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the interest or estate statrd in para raph 3 herein in the real property herein descrihed is owned by:

NAME STREET AIVD NC). CITY STATE A1vD 7_IP CODE
Citv of Lathro 390 Te>w ne Centre Dri e Lathrop CA_ 95330 If more than one owne r oC the interest stated, the name and addres of each must he stated) That the full name and address of the owner of said interest or estate, if there is only one owner, and that the fu( l names and addresse of all the cu- owners who own said interest or estate as tenants i r>mmon, as juint tenants, or otherwise, if there is more than one owner, are se[ f rth in the preceding parn, raph.

3. That the nature of the title of stated o° ner. or if more than one < wn r, then oF[ he statrd ow ner anci a- owners is fee ( e. v. fee, leasehold, joint tenancy, etc.).

That on the i-` day of Au u t ? 0 3 a w ork of improvemcnt on the real property° herein described wa, completed.
i. That thc name of the original c ntractor, if any, for said w urk of improvement was: Dirt Dynastp. Inc.

6. That the namc and address of the transferur is:
vnRq; STREET AND NC). IT' STATE AND lIP CODE
DirC Dynasty. Inc. P. O. Box 67 FarminUtun CA. 9' 30

7. That the real property herein referred to is situatcd in the City of Lathrop County of San Jouyuin.

State oCCalif rnia, and is described a5 foll ws:

Pr ject No CIP PS 21- 06 Lathrop Road and Harlan Road Inters cti n Im rovements That[ hc undersi ned has knowled e of the contents herein and state under penalry of perjurp that the fore uin is true and correct.

CITY OF LATHROP
Bv:

Stephen J. Salvatore, City Mana er Date
By:

Teresa VarQas. City Clerk Date
328

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated August 14, 2023 by Dirt Dynasty, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on August 14, 2023, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
329
330
ITEM 4. 18

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO GEORGE
REED, INC., FOR CONSTRUCTION OF CLASS II
BIKEWAYS TO ACE STATION, CIP PS 22- 18 AND

APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to George Reed, Inc., for Construction of Class II
Bikeway to Ace Station, CIP PS 22- 18 and Approve
Budget Amendment
SUMMARY:

In 2021, City Council approved Capital Improvement Project ( CIP) PS 22- 18 for Class II Bikeway to ACE Station ( Project). The Project will install approximately 4. 2 miles of Class II bikeway south on Harlan Road from Louise Avenue to the Lathrop/ Manteca ACE Station. The Project will microsurface Harlan Rd, grind and overlay asphalt concrete on segments along D' Arcy Parkway and Yosemite Avenue to accommodate the traffic loads shifted by the installation of bike lanes. A project location map is included as Attachment " C" for reference.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on July 18, 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 six ( 6) bids on August 3, 2023. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be George Reed, Inc. ( George Reed), with a bid of $ 1, 642, 616.

Staff requests City Council award a construction contract to George Reed for construction of the Project in the amount of $ 1, 642, 617 and authorize a 10% construction contingency of $ 164, 262 for a total cost not to exceed $ 1, 806, 879.

Staff is also requesting Council approve a budget amendment transferring $ 449, 234 from the Transportation Development Act ( TDA) ( 2140) to the CIP Project Fund ( 3310) to fund the construction contract and a 10% contingency.

BACKGROUND:

The Active Transportation Program ( ATP) was created by Senate Bill 99 ( Chapter 359, Statutes of 2013) and Assembly Bill 101 ( Chapter 354, Statutes of 2013) to increase the use of active modes of transportation including walking and biking. Through the San Joaquin Council of Governments ( SJCOG), the ATP granted the City of Lathrop 1, 001, 000 of Measure K funding toward the construction of CIP PS 22- 18. 331
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC. FOR
CONSTRUCTION OF CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18 AND

APPROVE BUDGET AMENDMENT
On January 10, 2022, City Council approved a Cooperative Agreement with SJCOG to establish roles and responsibilities on processing the granted funding on the Project.

The Project will install Class II bike lanes from Louise Avenue to the Lathrop/ Manteca ACE Station. Construction of the Project includes microsurfacing Harlan Rd, grinding and overlaying asphalt concrete on segments along D' Arcy Parkway and Yosemite Avenue to support the traffic loads shifted by the installation of bike lanes. New signs will be installed and striping will use Methyl Methacrylate ( MMA) green markings for bike lanes.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on July 18, 2023 in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.

Six ( 6) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:

Table 1: Summar of Bid Results
Contractor Base Bid
Geor e Reed, Inc. 1, 642, 617
Dirt D nast , Inc. 1, 804, 969
Knife River 1, 901, 564
United Pavement Maintenance 1, 934, 286
Consolidated En ineerin 1, 965, 297
B& M Builders, Inc. 2, 085, 965
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is George Reed. Staff requests City Council adopt a resolution awarding a construction contract to George Reed for $ 1, 642, 617.

Staff also requests City Council authorize a 10% construction contingency of$ 164, 262 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 1, 806, 879.

REASON FOR RECOMMENDATION:

Currently, there are no bike lanes on Harlan Road ( south of Louise Avenue), D' Arcy Parkway, and Yosemite Avenue. The construction of this Project will connect residents north of Louise Avenue and commuters to the Lathrop/ Manteca ACE commuter train station that services the Bay Area.
332
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC. FOR
CONSTRUCTION OF CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18 AND

APPROVE BUDGET AMENDMENT
FISCAL IMPACT:

The proposed construction contract with George Reed for $ 1, 642, 617, plus a 10% construction contingency of $ 164, 261 is requested for a total Project budget not to exceed $ 1, 806, 879. The Project received Measure K funds in the amount of 1, 001, 000. Additional funding in the amount of $ 449, 234 is needed to augment existing Project funds and the Measure K grant to cover the Project budget.

Therefore, staff requests Council approve a budget amendment transferring $ 449, 234 from TDA ( 2140) to the CIP Project Fund ( 3310) as follows:

Increase Transfer Out
2140- 9900- 990- 9010 449, 234
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 18 449, 234
Increase A propriation
3310- 8000- 420- 1200 PS 22- 18 449, 234
ATTACH M ENTS:

A. Resolution to Award a Construction Contract to George Reed, Inc., for Construction of Class II Bikeway to ACE Station, CIP PS 22- 18 and Approve Budget Amendment B. Construction Contract with George Reed, Inc., for Construction of Class II Bikeway to ACE Station, CIP PS 22- 18
C. Project location map
333
CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC. FOR
CONSTRUCTION OF CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18 AND

APPROVE BUDGET AMENDMENT
APPROVALS:
g 3 ZoL3
Angel arca Date
Assistant Engineer
h23
Ken Reed Date
Senior Construction Manager
5 3 2023
Brad ylor Date
City Engineer
a3
Cari Jam Date
Director o i ance
IG'—• 3• ZoZ3
Michael King Date
Assistant City Manager
I 2
Salvador Navarrete Date
City Attorney
8• ' l - 2oZ3
Stephen J. Salvatore Date
City Manager
334
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AWARD A CONSTRUCTION CONTRACT TO GEORGE REED, INC. FOR CONSTRUCTION OF CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18 AND APPROVE

BUDGET AMENDMENT
WHEREAS, in 2021, City Council approved Capital Improvement Project ( CIP) PS 22- 18 for Class II Bikeway to ACE Station ( Project) to construct approximately

4. 2 miles of Class II bike lanes south on Harlan Road from Louise Avenue to the Lathrop/ Manteca ACE Station; and
WHEREAS, the Project will microsurface Harlan Rd, grind and overlay asphalt concrete on segments along D' Arcy Parkway and Yosemite Avenue to accommodate the traffic loads shifted by the installation of bike lanes; and WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on July 18, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, six ( 6) bids were received and opened on August 3, 2023; and WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be George Reed, Inc. ( George Reed), with a bid of $ 1, 642, 617; and
WHEREAS, staff is requesting City Council award a construction contract to George Reed for the construction of CIP PS 22- 18 in the amount of $ 1, 642, 617 and approve a 10% construction contingency of $ 164, 262 for a total Project cost not to exceed $ 1, 806, 879; and
WHEREAS, sufficient funds were not allocated for the construction of the Project; and
WHEREAS, staff also requests Council approve a budget amendment transferring $ 449, 234 from the Transportation Development Act ( TDA) to the CIP Project Fund ( 3310) as follows:

Increase Transfer Out
2140- 9900- 990- 9010 449, 234
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 18 449, 234
Increase A propriation
3310- 8000- 420- 1200 PS 22- 18 449, 234
335
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with George Reed for construction of Class II Bikeway to ACE Station, CIP PS 22- 18 for a cost of $ 1, 642, 617; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency of $ 164, 262 for a total cost not to exceed $ 1, 806, 879 for construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment as detailed above.
336
The foregoing resolution was passed and adopted this 14th day of August, 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROV AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 337

ATTACHMENT
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT

CONSTRUCTION CONTRACT
CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18
This Contract, dated August 14, 2023, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and George Reed, Inc. ( Contractor), whose Taxpayer ldentification 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 ofthis Contract.

2. General Scope of Project and Work. Construction Documents for Class II Bikeway to ACE Station, CIP PS 22- 18 ( 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 Project and Work is generally described as follows:

The work to be performed under this contract is generally described as, but not necessarily limited to: grind and overlay 3" of Asphalt Concrete on D' Arcy Parkway, grind and construct 6" of Asphalt Concrete over 12" Aggregate Base on segments of Yosemite Avenue, application of Microsurfacing, and installation of Methyl Methacrylate ( MMA), signing, striping, and markings for bike lanes.

The work shall be completed within 60 working days following issuance of Notice to Proceed.

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

Base Bid Total: $ 1, 642, 616. 20 ( One Million Six Hundred Forty- Two Thousand Six Hundred Seventeen and twenty cents)

3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Warks Department and are hereby incorporated by reference ( i.e.

Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the 338
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
Bid Documents submitted by George Reed, Inc. on August 3rd, 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 wark.

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 Proj ect Manager to the address set forth in Section 15 ofthis 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, orjudgments, 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 ar 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 ar negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, ar arising thereafter.

7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property ofContractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused 339
SECTION 00500
FISCAL YEAR 2023- 24 CLASS Il BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
by the sole willful or negligent act or omission of City ar 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 ofthe use or occupancy ofthe Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

DEPARTMENT OF 1NDUSTRIAL 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 Contractar under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Wark in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor ofany tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
340
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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) andl 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 ofthe Contract Price; or( ii) to disburse any portion ofthe Contract Price to the Contractor.

The Contractar 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 monitar 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, 341
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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 recards 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. 342
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
fl 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 ar 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 the Notice to Contractors.

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 Wark 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 343
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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 ofthe physical conditions of the Project site.

12. Assi ngment. 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 wark, 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 ar 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. 344
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: George Reed, Inc.

Phone: 140 Empire Avenue, Modesto CA 95354
Email: Naiome. grissom@georgereed. com
ATTN: Naiome Grissom

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 ofthis Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time 345
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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 ar rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected sha11 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. Contractar 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 successars 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, ar 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.
346
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy 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, sha11 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.
347
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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 Item List
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
348
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKE' AY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR: George Reed, Inc.

By:

Name:

Title:

CITY OF LATHROP
APPROVED AS FORM:

By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
349
SECTION 00300
CLASS II BTKEWAY TO ACE STATiON BID PROPOSAL FORMS
CIP PS 22- 18
CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18

BID SCHEDULE
BID

DESCRIPTION QUANTITY UNITS

IT EXTENDED

ITEM PRICE TOTAL
1 Mobilization/ Bonds/ Insurance 1 LS
Oo pa t ot, e eo. op
2 Traffic Control 1 LS
ov 5 400. Ov
3 Erosion and Sediment Control Plan
1 LS
ESCP 9, 000. 00 9, 000. 00
4 Remove Existing Thermoplastic
1 LS
Markin 95 000. 00 95 000. s and Stri in r
5 Grind out Pavement to 3" Depth and
g0 765 SF
Dis ose ' Arc Pkw 0. 38 30, 690. 70
6 Grind out18" of Existing Surface
2 302 CY
Yosemite Ave) 39. 00 89 778. 00
Place 3" HMA, Single Lift( D'Arcy 7
pk
1, 46s TON 160. 00 234 400. 00
Place 12" Aggregate Base( Yosemite
g .
ve)
2, 425 TON 145, 500. 00
Place 6" Asphalt Concrete( Yosemite
9 Ave
1, 485 TON
129. 50 192 307. 50
10 Place Type II Microsurfacing with
565, 020 SF
Black Rock 2 l, S$, 00
11 Thermoplastic Sh-iping- Caltrans Std.
400 LF
Pln. A20, Detail l 1. 75 700. 00
12 Thermoplastic Striping- Caltrans Std.
3, 360 LF
Pln. A20, Detai122 2. 50 8, 400. 00
13 Thermoplastic Striping- Caltrans Std.
5, 080 LF
Pln. A2o, Detai125 2. 25 11 430. 00
14 Thermoplastic Striping- Caltrans Std.
15 705 LF
Pln. A20, Detai132 4.75 74 598. 75
15 Thermoplastic Striping- Caltrans Std.
100 LF
Pln. A20, Detail 37B 3. 00 300. 00
16 Thermoplastic Striping- Caltrans Std.
5, 925 LF
Pln. A20, Detai138 3. 25
l
Thermoplastic Striping- Caltrans Std.
61, 335 LF
Pln. A20, Detai139 2. 00 122, 670. 00
1 g
Thermoplastic Striping- Caltrans Std.
3, 040 LF
Pln. A20, Detai139A 2. s $ Q. QQ
19 Therrnoplastic Striping- 8" White Line
6, 090 LF
Dia onal 3. 00 18 270. 00
20 Thermoplastic Striping- 8" Yellow Line
396 LF
Hatchin 5.00 1 980. 00
21 Methyl methacrylate( MMA) Green
g, 950 SF
Enhancement 14. 00 125, 300. 00
22 Thermoplastic Striping- 6" Dashed
g5 LF
vVhite Line 4.00 340. 00
23 Thermoplastic Sri-iping- 12"
1, 400 LF
White/ Yellow Line 7. 00 9, 800. 00
24 Thermoplastic Striping- Yield Line 66 LF

10. 00 660. 00
00300- 2
350
SECTION 00300
CLASS Ii BIKEWAY TO ACE STATiON BiD PROPOSAL FORMS
CIP PS 22- 18
Thermoplastic Marking- Type I Arrow 1 s EA
24' Thru 250. 00 3 750. 00
26 Thermoplastic Marking- Type II Arrow
g EA
Thru- Left ( Thru- Ri ht 275. 00 2 200. 00
2 Thermoplastic Marking- Type IV
58 EA
Arrow( Left or Ri ht) 150. 0 7 0.
28 Thermoplastic Marking- Type IV
52 EA
Arrow TWLTs 7 800. 00
29 Thermoplastic Marking- Type VI
5 EA
Arrow 420. 00 2100. 00
30 Thermoplastic Marking- BIKE LANE
g0 EA
lus Arrow, Sharrow 150. 00 12 000. 00
31 8' STOP and Rail Road Legends 9 EA 750. 6, 75. 0
32 Insert Blue RPM @ Fire Hydrant 14 EA 25. 00 350. 0
33 Signage as Shown per Plans 1 LS
g5 650. 00 85, 650. 00
TOTAL BASE BID: ( 2 . Zp
TOTAL BASE BID IN WORDS: O.<. nn : Dn S X Unc tp,( -'w-.. - o ' I1ou3 i x 1 wncJlt ec sl x te,n '+' - J, c
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ITEM 4. 19

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD SERVICE CONTRACT TO ALL STEEL FENCE,
INC. FOR GATE PREVENTIVE MAINTENANCE &

EMERGENCY ON- CALL REPAIR SERVICES AND

APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Service Contract to All Steel Fence, Inc. for Gate Preventive Maintenance &
Emergency On- Call Repair Services and Approving
Budget Amendment
SUMMARY:

Several City facilities are secured by fencing, automated sliding vehicle gates, and electronically secured pedestrian gates. As time passes, these fences and gates may be damaged or deteriorate, requiring service by an experienced contractor capable of maintaining, and repairing these security components.

Staff advertised a bid solicitation package for the procurement of these services on June 21, 2023 in accordance with Informal Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3. 30 Public Works received and opened one ( 1) bid on July 18, 2023. Based on the review and evaluation, the sole bidder All Steel Fence, Inc. ( All Steel) was determined to be a responsible contractor and their bid of $ 54, 000 was determined responsive.

Staff requests City Council award a service contract to All Steel for biannual automated sliding vehicle gate maintenance, totaling $ 54, 000 per year and an amount not to exceed $ 50, 000 annually for emergency on- call repairs.

Sufficient funds were not allocated in the approved FY 2023- 24 and FY 2024- 25 budget therefore; staff requests City Council approve a budget amendment as outlined in the fiscal impact section.

BACKGROUND:

Automated sliding vehicle gates at City facilities occasionally malfunction or incur damage, resulting in disruptions to essential services and costly emergency repair services. For these gates to function properly, regular maintenance is necessary.

Other gates and fences securing important City facilities are likewise subject to wear and occasional damage caused by vandalism, theft, and vehicle collisions, requiring prompt repair.
353
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR GATE

PREVENTIVE MAINTENANCE & EMERGENCY ON- CALL REPAIR SERVICES AND

APPROVE BUDGET AMENDMENT
The following City facilities have a corresponding number of automated sliding vehicle gates:

Lathrop Police Station ( 4)
Corporation Yard ( 2)
City Hall ( 2)
Consolidated Treatment Facility ( CTF) ( 1)
The following services are necessary to ensure the uninterrupted operation and security of all City- owned gates and fencing:

1. biannual routine maintenance for the automated sliding vehicle gates at the mentioned secured facilities; and

2. Emergency on- call services to promptly repair inoperable or damaged gates or fences as soon as possible.

Staff prepared technical specifications for this service contract and solicited them for bid on June 21, 2023 in accordance with CA PCC 22034 and LMC 3. 30. The contract includes an option for the City and Contractor to execute up to three ( 3) additional consecutive one- year contract terms upon mutual agreement. The contract also includes a provision for an annual contract price adjustment of up to 5% due to inflation, subject to the Contractor' s request and City concurrence.

One ( 1) bid determined to be responsive and from a responsible bidder was received and opened by Public Works on June 18, 2023. The bid results are summarized in Table 1 below:

Tab/ e 1: Summary of Bid Results
FY 2023- 24 Fence and Gate Repair & Maintenance Services Contractor Total Base Bid
All Steel Fence, Inc. 54, 000
Staff reviewed and evaluated the bid, and determined that All Steel is a responsible bidder and their bid is responsive. Staff requests City Council award a service contract to All Steel for biannual automated sliding vehicle gate maintenance, totaling $ 54, 000 and an amount not to exceed $ 50, 000 for emergency on- call repairs.

Staff also requests that City Council authorize the City Manager to approve up to three ( 3) additional consecutive one- year contract terms with All Steel at a total estimated value of $ 344, 153, including a contingent budget of $ 50, 000 per contract term for gate and fence repairs and a maximum 5% annual inflation adjustment. 354
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR GATE

PREVENTIVE MAINTENANCE & EMERGENCY ON- CALL REPAIR SERVICES AND

APPROVE BUDGET AMENDMENT
REASON FOR RECOMMENDATION:

The recommended contracts will provide the City routine maintenance services for automated vehicle gates and repairs to damaged or inoperable fencing and gates.

These services will effectively decrease the frequency and duration of malfunctions, thereby reducing the City' s operational expenses for these facilities.

FISCAL IMPACT:

The proposed service contract with All Steel is for $54, 000, and the requested 50, 000 emergency on- call repair contingency brings the estimated initial contract term total to $ 104, 000. The estimated contract cost budget is summarized in Table 2 below:

Table 2: Estimated Contract Cost Budget Summary
Annual
Est.

Total Year 2 otal Year 3 Total Year 4
Maint. Emergency Total Year 1
FY 2024- 25 FY 2025- 26 FY 2026- 27
Needs
On- Call $ FY 2023- 24
Opt) Opt) Opt)
Needs
54, 000 50, 000 104, 000 109, 200 114, 660 120, 393
Staff requests that City Council authorize the City Manager to approve up to three 3) additional consecutive one- year contract terms with All Steel at a total estimated value of $ 344, 153, including a budget of $ 50, 000 per contract term for gate and fence repairs and a maximum 5% annual inflation adjustment to routine maintenance service prices and emergency on- call repair prices, based on the State of California Department of General Services Construction Cost Index.

Sufficient funds were not allocated in the approved FY 2023- 24 and FY 2024- 25 budgets. Staff requests City Council approve the budget amendments as detailed below to fund the routine maintenance and the emergency on- call repair of fences and gates securing important City facilities.

Fund
Increase FY 2023- FY 2024-
A ro riation 24 25
General Fund 1010- 40- 50- 420- 25- 00 $ 35, 000 40, 250 General Fund 1010- 30- 10- 420- 16- 00 $ 8, 500 9, 775
General Fund 1010- 30- 05- 420- 25- 00 $ 17, 000 19, 550 Water Fund 5620- 50- 50- 420- 25- 00 $ 8, 500 9, 775
CTF- MBR Sewer Fund 6080- 50- 34- 420- 25- 00 $ 11, 000 12, 650 General Fund 1010- 30- 20- 420- 25- 00 $ 12, 000 12, 000 Streets Fund 2080- 50- 10- 420- 25- 00 $ 12, 000 12, 000 355
CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR GATE

PREVENTIVE MAINTENANCE & EMERGENCY ON- CALL REPAIR SERVICES AND

APPROVE BUDGET AMENDMENT
Future budget approvals would be required prior to FY 2025- 26 & FY 2026- 27 for any term extensions.

ATTACH M ENTS:

A. Resolution Awarding a Service Contract to All Steel Fence, Inc. for Gate Preventative Maintenance & Emergency On- Call Repairs and Approving Budget Amendment
B. Service Contract with All Steel Fence, Inc. for the Preventative Gate Maintenance and Emergency On- Call Repairs
356
CITY MANAGER' S REPORT PAGE 5
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING GpTE
AWARD SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR

PREVENTIVE MAINTENANCE & EMERGENCY ON- CALL REPAIR SERVICES AND

APPROVE BUDGET AMENDMENT
APPROVALS:

G.-..,, ci 7-Z 7• 27
Steven Hollenbeak Date
Assistant Engineer
I - 3
Ken Reed Date
Senior Construction Manager
1 ?. vZ3
Brad ylor Date
City Engineer
li ao 3
Cari s Date
Direct of Finance
7• 27 • 2oz3
Michael King Date
Assistant ity Manager
a a3
Salvador Navarrete Date
City Attorney
8•3•23
S ephen J. Salvatore Date
City Manager
357
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR GATE PREVENTIVE

MAINTENANCE & EMERGENCY ON- CALL REPAIR SERVICES AND APPROVING

BUDGET AMENDMENT
WHEREAS, automated vehicle gates at various City facilities are in need of routine maintenance services to support their continuous operation; and WHEREAS, the City also desires to procure emergency on- call services to rebuild damaged or inoperable fencing and gates securing important City facilities; and
WHEREAS, the City does not have the resources to perform these services Project); and
WHEREAS, City staff prepared and solicited for bid a contract for the maintenance services and rates for emergency on- call fence and gate repair on June 19, 2023 in accordance with California Public Contract Code 22034 and Lathrop Municipal Code 3. 30; and
WHEREAS, the initial one- year term of the contract will expire on June 30, 2024 and contains options for renewal for an additional three ( 3) one- year terms; and
WHEREAS, a total of one ( 1) bid was received from All Steel Fence, Inc. ( All Steel) and opened by Public Works on July 18, 2023; and WHEREAS, upon review and evaluation, All Steel' s bid of $ 54, 000 for annual gate maintenance services was determined to be responsive and from a responsible bidder; and
WHEREAS, staff requests that City Council award a service contract to All Steel in the amount of $ 54, 000 for the subject maintenance services; and WHEREAS, staff also requests that City Council approve a $ 50, 000 annual budget for FY 2023- 24 and for FY 2024- 25 for the emergency on- call repair of any City- owned gate or fence; and
WHEREAS, sufficient funds were not included in the adopted FY 2023- 24 and FY 2024- 25 budgets to fund the routine maintenance and emergency on- call work; and
WHEREAS, therefore, staff also requests City Council approve the following budget amendment, as detailed below;
358
Increase Appropriations FY 2023- 24 FY 2024- 25
1010- 40- 50- 420- 25- 00 35, 000 40, 250
1010- 30- 10- 420- 16- 00 8, 500 9, 775
1010- 30- 05- 420- 25- 00 17, 000 19, 550
5620- 50- 50- 420- 25- 00 8, 500 9, 775
6080- 50- 34- 420- 25- 00 11, 000 12, 650
1010- 30- 20- 420- 25- 00 12, 000 12, 000
2080- 50- 10- 420- 25- 00 12, 000 12, 000
WHEREAS, staff requests that City Council authorize the City Manager to approve up to three ( 3) additional consecutive one- year contract extensions with All Steel at a total estimated value of $ 344, 153, including a contingent budget of 50, 000 per fiscal year for the emergency on- call gate and fence repairs and a maximum 5% annual inflation adjustment to routine maintenance service prices and on- call repair prices; and
WHEREAS, future budget approvals would be required prior to FY 2025- 26 and FY 2026- 27 contract term extensions.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby award a service contract to All Steel Fence, Inc. for Gate Preventative Maintenance Services in the amount of $ 54, 000; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a $ 50, 000 not-to- exceed budget for FY 2023- 24 for the Emergency On- Call Repairs; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the budget amendment as detailed above; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby authorize the City Manager to approve up to three ( 3) additional consecutive one- year contract extensions with All Steel at a total estimated value of $ 344, 153, including a contingent budget of $ 50, 000 and a maximum 5% annual inflation adjustment.
359
The foregoing resolution was passed and adopted this 14t" day of August, 2023 by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City ttorney 360
FY 2023- 2024 GATE MAINTENANCE AND FENCE AND GATE REPAIR SERVICES

CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
FY 2023- 2024 GATE MAINTENANCE AND GATE AND FENCE REPAIR SERVICES

CONTRACT
This Contract, dated August 14, 2023, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and All Steel Fence, Inc., ( Contractor), whose Taxpayer ldentification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:

1. Term. This Agreement shall commence on, and be binding on the parties on, the date of execution of this Agreement, and shall expire on June 30, 2024, subject to the earlier termination of this Agreement. This contract may be extended by the City Manager at his sole discretion for up to three ( 3) additional one- year terms as follows:

Optional Term 1: July l, 2024— June 30, 2025
Optional Term 2: July 1, 2025 — June 30, 2026
Optional Term 3: July 1, 2026— June 30, 2027
The City shall notify the Contractor in writing of its intent to extend the contract by June 1 ofthe current contract term.

2. General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in connection with the FY 2023/ 2024 Fence and Gate Repair & Maintenance Services Contract and complete the Work in accordance with the covenants, terms and conditions of this Ageement to the satisfaction of City. The FY 2023/ 2024 Fence and Gate Repair& Maintenance Services and Work are specifically detailed in the Agreement Documents referenced in paragraph 3 below:

For: FY 2023/ 2024 GATE MAINTENANCE AND GATE AND FENCE REPAIR

SERVICES
Routine Maintenance: Fifty Four Thousand Dollars ($ 54, 000. 00) On-Call Services: Not-to-Exceed Fifty Thousand Dollars (NTE $50, 000.00)

3. A reement Documents. This Agreement shall include the following documents: " FY 2023/ 2024 Gate Maintenance and Gate and Fence Repair Services Contract Specifications," and the Bid Documents Submitted by All Steel Fence, Inc. on July 18, 2023, which are on file with the Public Works Department and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between the provisions ofthis Agreement, these documents and the provisions thereof are set forth in the following 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 a sum not to exceed the amount set forth in Contractor' s Bid 361
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES

CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
Agreement 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 the Instruction to Bidders on terms and conditions and in amounts as may be required by the Risk Manager. 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 Ciry with the certificates of insurance and with original endorsements affecting coverage required under this Agreement 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 Agreement.

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 Agreement or for doing anything which Contractor is required not to do under this Agreement, or which arises from conduct for which any Law imposes strict liability on Contractar in the performance of or failure to perform the terms and conditions of this Agreement, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Agreement at any time during the term of this Agreement, or arising thereafter.

7. Assumption of Risk. Contractor hereby expressly and voluntarily assumes any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about Municipal Facilities 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 Agreement. A waiver by City of any breach of any part or provision of this Agreement 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 362
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES

CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
of any part or provision of this Agreement 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 Agreement.

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 Agreement, 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 Municipal Facilities, insofar as any are required by reason of the use or occupancy of Municipal Facilities, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

10. Bonds. NOT USED.

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 FY 2023- 2024 Fence and Gate Repair & Maintenance, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the FY 2023- 2024 Fence and Gate Repair & Maintenance shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the FY 2023- 2024 Fence and Gate Repair & Maintenance shall be merchantable and fit to be used for the particular purpose for which the materials are required; 3) This item not used;
4) This item not used;
5) Any information submitted by Contractor prior to the award of Agreement, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Agreement 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 Instructions to Bidders;
7) Contractor has the power and the autharity to enter into this Agreement with City, that the individual executing this Agreement is duly authorized to do so by appropriate resolution, and that this Agreement shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
363
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES

CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
8) Contractar 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 Agreement 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 Agreement; 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 Agreement;
11) Contractor and any person performing labor and services under FY 2023- 2024 Fence and Gate Repair & Maintenance 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 Municipal Facilities and has full knowledge of the physical conditions of the Municipal Facilities.

12. Assi. n. This Agreement 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 other disputes arising out of the Agreement shall be submitted by Contractor in accordance with the General Conditions.

14. Audits by City. During the term of this Agreement and for a period of not less than three 3) years after the expiration or earlier termination of this Agreement, City shall have the right to audit Contractor' s FY 2023- 2024 Fence and Gate Repair& Maintenance Servicesrelated 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 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 farth 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. 364
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES

CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
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
209) 941- 7454
FAX: ( 209) 941- 7449
To Contractor:

Phone:

Fax:

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 Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. 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 Agreement 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 Agreement and shall have no effect upon the fence and gate maintenance services or interpretation of any part of this Agreement.
7) Incorporation of Documents. All documents constituting the Agreement 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 Agreement and shall be deemed to be part of this Agreement. 365
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES

CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
8) Integration. This Agreement and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Fence and Gate Services and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement. 9) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
10) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
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 Agreement.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Agreement, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) This item not used.
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 Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
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)), 366
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES

CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy 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:

EXHIBTT A: Contractor' s Submitted Bid Packet
Certification of insurance and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval. 367
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES

CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

Approved as to Form: City of Lathrop
City rney
1 ' , 3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved By:

City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Contractor: ALL STEEL FENCE, INC.
146 KLO ROAD # 9733
LATHROP. CA 95330
209) 983- 8409
Fed ID #
Lathrop Business License #
Signature Date
Print Name and Title
368
SECTI01'+I Q0 00
Y zozs- Zoza Nc, nt c; TL NEe tu« n rcN:rtrc s: Hv c; s CUI' CCAA I 1FOEtt4iAL SIU SOL1f_ITATI( lN RID PROPOSr1i, FORA4S BID PRUPtJrSAL FORMS
TO: City of Lathrop
39Q Towne Centre Drive
Lathrop, CA 95330
TTENT[ ON: F' ublic Vorks Dcpartment
FC?R: FY 2023- 2424 FENCE AND GATE REPAIR& NiAINTENANCE SERViCCS
Tf-[E UNDCRSIGNGD, AS BtDDER, 1- lGRCBY AGRCES AND D CLARES Tf- AT:

LEGAL COMI' LIANCE
Thc a» I} persons or pa ties interested in this Bid as Princip ls are thase named herein; that this E3id is made without collusion vith any other} erson, firm, partnership, corporatian, or assaciation; that he has carefully examined the locatian o4' the proposed work and the Contract Documents, and he proposes and agrees that ifthis Bit is accepted tte wi11 contract with the City of Lathrop, in the form of thc Contraci as set octh in the Cantraci Documenis for said project, ta provide all the necessary labor, services, materials, and equipment, and ta do ail ihe work and furnish all the malerials; and that he aill accept in 1'ull payment theretore the price as propased in the 1o11owing Bid Schedule.

SCHEDULE OF PRICES
Alt ap licable permii fees, licensing costs, sales taxes, State, and/ or Federal, and an; other taxes, atent cibhts, or r yalties are included in thc priccs c uotcd in thc Bid. Ali blank spaccs rnust be fitled in.

BASi5 OF AWARD
The basis f'or award of the contrack will be ihe total price of the basc 6id. ` I' he City oF Lathrop resen ts the right to a« ard the worlc contimplated by anly the Qase Biti or nane af the work.

SEE INSTRUCTIC7N5 T BiDDERS- BlllS ON f' AGE 00140- 2 I= R DETAILS. 0304- 1
369
SECTION 00300
FY 2023- 2U2J FENCE AND GA7' 1Z PA1R& M11AIN7' ENr1NCG SEtt' IC: S CUPCCAA INFOR tAi. B[ D SUI ICI' t'A't`KlN B1D 1' ROFOSAL( t) RM1IS FY 2023- 202d ENC Atti1D GATE REPAIR 8c MAINTENANCE SERVICES

BASE BID SCHEDULE

1. SCHEDULED MAINT NANCE FC?R AUTOMATED GATES
BID

DESCRIPTI N
UNIT ANiVUAL
1TEM QUANTITY UNITS
pRICE TOTAL
Bi- Annual Maintenance
g A
bp a Q
for 9 Autamated Gates 3 Oq0 '-,(} Oj} '-'—
4 TC)TAL SCHEDULED lY1AlNTENANCE, BASE SID: _ '' J-- a D00 TC} TAL BASE BID: 5 ''-• 4
TOTAL BAS BID IN WC1RllS: l-_ a 1'jnLrcLil o b+-- kL5 Ati1D RATC SCHED[ 3LES

1. EMERC NCY CALL OUT
DESCRIPTIfJN
A`tIIV.# HOURLY TOTAL

HOURS RATE
On- Call R s anse Minimum Charge „ G jp•-- $ 1 ppp•
4-'

2. LABOA PLUS MATFRIAI.S
ITEN1 DESCRIPTIUN UNITS
UNIT
PRl C E
t
Replace Steel rencin;,
L . flQ
4' ]-[ ei ht y'---
Re. lace Steel Fencin;, qp
6' Hei 7hi
Lr j ''
3 Replace Stee) Fencing, L ,
t 4
8' Hei= ht J. _.
9—
Replacc Chain Link
LF d
Fencin < 6' Hei= ht) GI I •-''
S
Replace Chain Link
encin j6'+ Nai ht) 0 '
40300- 2
370
SECTION 0030Q
F!' 2023- 242d FENCE ANi} GA't'F REPAfFi& h1A(; ti' i'LN,-iNCi; SERVICI: S CUPCCAA l FOIii1IAL BtD SOLICITATION Blll PRi) FOSAL POI{; iS RATE SCHEDUL S( con' d}

3. LABQR ONLY RATES

ITEM DESCRIPTION UNITS
UIYIT
PRICE
Labar Rate - Foreman ti
8: 00 AM- 5: 00 PNI
MAN- HR (.. ,_,..-
AfterrHaurs
Foreman
MAN- 1- R '-
Labor Rate - Laborer
8; Ofl AM - 5: 04 PM
MAN- I-1R --
4 Labor Rate- Laborer ,,
y R
After Hours

4. MATERIALS 1 1ARK- UP RATE
ITEM DESCRIPTI4N UNITS
NIT
PRICE
I Nlaterials Mark- Up Rate o
j,,G}
o
00300- 3
371
SECTION 00300
F1' 20Z3- 2024 FE' YCE ANI) GATE REPAIf2& A1eslti'1' N<1tiCE; ti ItV10E:5 CUPCC iA LtiFQK! 41AL B1C? SOLTCITA' TION R1D PROPOSAI, ORM115 INFQRMAT[ ON REQUIRED C3F BIDDER
The Bidder{ Contractor) shalf furnish t6e f'c llo vin information. This informatian is considered essential in enabling the Project Manager to determine if the Bidder is experienced in similar types of work and ifi the Bid is based on a careful study of ineihods applicable ta the vork and full realization of the various factors which may affect the progress of the work. Failure to cornqlv with this requirement may render the Bid non- respansive and mav cause iis rejection. Additionat sheets shall be attached as required.

BIDD It' S INFORI IATION
t) Bidder' s name and address:
k11 Sfi L C, T'
l K_t n d
l,Gttl ra k ( t
Z} Bidder' s office tcl phone numbcr: ' q J -' Q)-{} q
3) Didder' s fax number: ( ' L 1 aQ,'L — - j
l) Bidder' s Contractar' s I. icense( C) ass}: '{- 1 7 ' -- ( j License No.: " M Gf l'
Expires; Q " l 20' 1 J
5) List eampleteci or ongoing service contracts af a nature similar to lhis project:

Aroject Contract Name, Address and
Price I'clephone Number af Owner
D 4 t17 tYlo, lfiOCt t 0 Stv ( f't5d d,il rt is"''C.
t2- 2t 1 i 1 1 t-t-tn;
ti. ' x: 40 o r lc si
Lo t 2t - - t Qi` 4-
6) Contractor' s telephonc number tfl be used Cc r 24 hour/ ciay cantact to request Services { if 00300- 4
372
SECTION 00300
F1' Z023- 202 1 FE iCE ANU G: iTE RC; PAI( t& 11A1N' CENA ifF SEitl' ICk;S CUPCC, IINFOR( 4[ A[. BIU 50L. IGTATION 131D PROI' OSAL' ORILIS different from above telephane na.}:- .- ' j'?j`
List of Subcontractors:

Ttie Biddcr shall list bel w the name and business address of each subcontractor who wi II perform work under this Bid in excess of one- hatf af one percent of the Contractor' s Tata[ Bid Price, and sha[ 1 also iist the porEion of the ' VORK ivhich wi!! be done by such subconEractor, in accordance with Section ti07 of the ' ublic Contract Code. After the openinb of bids, no changes ar substiiutions wi(1 be allowed except as othen ise pravided by law. The listing of mare than one subcontractor f`or cach item ofwork to be performed with the words " and/ or" will not be permitted.

Failure ta compfy with this requircment may render the Bid non- responsive and may cause its rejection. Shauld the Contractor provide a bid that does not require a subcontractor, the Cantrackor shall note that on this pa e by writing" Not Ap licable" in the list betow.

Subcontractor
Licensc Pcrcent of
Work to t c Pcr(' ormeci Nutnber TotaE C rnkract Subcontrs ct{rr' s 1Vame& Address i. ' 1 7t!-'

2. 3.

4. 5.

6. Note. Attach additional shects if rec{ uired.
00300- 5
373
SECTION 4030{}
I l' 2023- 2024 FENCE AND GA7' I: ltisPA1R 8c i<1[ ti' fENr1tiCE Sf: RY10ES CUPCGIA) NFOR4tAi, BID SOLICITAT[ t)IY i3CU PROI' 05A, L FOfi iS

ADDENDA
Bidder acknflwledges receipt of the followin addendum { addenda}:

Respectfully submitted,
ao' a J' G { T./r C.-, (+' 1 CDated Legal Namc af Firm Signature o Authorized Representative
ttSC. (',. or'ncf,, r'.. cC.-
Seai}
if I3idder is a corporation, sho v 52ate in which incorporated.) l l•, r2. J t A
The full names and post oi fice addresses af all ersans and parties interested in the foregoing Bid as principals are as folic ws:

NOTICE): Give Eirst and last names in full; in case of corporation, give names oi' Presideni, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventutY: s, giti e names and c st Oftice addresses of all the individual members.
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374
sECTioN oa3oo
FY 24Z3- 20Z4 FENCE AND GATE REPAIR& AtAIIYTEi IAs' VCE SERVICES CUYCCAA IIYxORA1AL BID SOLICITATiON BID PROPOSAL FORMS

NONCOLLUSION AFFIDAVIT
STATE OF L{,. n,},
ss.

COUNTY OF 5} nl OHCJ. ti
tuq_ M. ,, r' nt, , being first duly sworn, deposes and says that he or she is r,n c t,.- SCc. c{7,.*- I of `. 7{' , C h,G2 n, the party making the foregoing bid that the bid is not mad n the interest of, ar on behalf of, any undisclosed person, partnership, company, association, organization, or cosporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced ar solicited any other bidder ta put in a false ar sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; ti at the bidder has not in any manner, direckly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder ar 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, subcnitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereko, or paid, and wiil not pay, any fee to any corporation, partnership, company associated, or anizatian, bid depositary, or to any member or agent thereof to effectuate a collusive or sham bid.

Signature of: President, Secretary,
Manager, Project Mana er or Representative
The County af sQ.l'1 .. OiGlQt, i Yt
State of 1' t;t( it
Subscribed and swarn to( or affirmed) befare me
on this day of u_(N . 20 . by
d
C. t't I S tr ''. '.vrnc.( proved to
me on the basis of satisfactory evidence to be the
person{ s) who appeared before me.

Sea(
0" 7M7
Signature
Y.....,,......,._.
00300- 7
375
SECTION U 304
FY 2023- 2024 FF,tiCE AtiA C,ATE RI; PAIR& 11AltiT[; N iltiCI: SERVI ES CUPCCt1r1 IyFORAtAL B[ U SOLtCt' i' 1ZIOIV i3ID PROPOSAt, FfJltiltti YUSLIC CONTRACT C( lDE SECTION 10162 QUEST[ t NNAIRE
In accordance wikh F' ublic Contract Code Section 10162, the Bidder shall cornplete, under penalty of perjury, the f'ollowin questionnaire:

Nas the Bidder, any afficer of the Bidder, or any emgloyee of the Bidder, , ho has a proprietary interest in the Bidder, ever been disqualified, rernoved, ar otherwise prevented from bidding flR, or compfeting a federal, state, or local go ernment project because afa vit lation oFlaw or a safety regulation? Yes Na
lf the answer is yes, expiain tl e circutnstances in the fol(owing space.

PUBLIC C01 1TRACT SECTIL? N 10232 STATEMENT
n accordance with Public Con ract Code Section 10232, the Contraetor hereby states under penalty of perjury, thak no more than onc Iinal unappealable finciing of contempt of court by a federal court has been issued abainst the Contractor within the irnmediatcly preceding two year periad because of the Cantracror' s faiture ka camply with an arder of a federal court whieh orders the Cantractc r io comply dvith an order oFthe National Labor Relations Baard.

NOTE: The above Stacement and Questionnaire are part af the Proposal. Signing this pra asal on the signature portion thereof shall alsa constitute si nature of' this Statement and Questionnaire.
iddcrs are cautioned that making a false ceriification may subject thc ccrtirer to criminal pr secution.

ENU O SECTION}
00300- 8
376
Bid Bond
CONTRAC' TOR: SURETY:
ame, legalrtA ur and adr/nu) niame, legalsmt u rnd priscrpal plarr oJbrainrrr) All Sieel Fence, Inc Everest Reinsurance Compamr
P. O. 8ox 1309 iQQ Everesl Way, Warren Corporate This document has importam lega! Lalhrop, CA 95330 Center, Warten, NJ 07459
onsequences. ConsultaUon w th
an attomee is encouraged wtth
OWNER:
resprct to its complruon or
11' umr./ egal rlutr r rind aAd rts)
modi6eauon.

City of Lathrop- City Hail An singular refcrence to
39d Tawne Certtre Drive
Cantractor, Surc Chvncr or Ladxop, CA 95330 3'
BOND AMOLTNT: Ten Percert of Amaurrt eid
other pam shall be considered
1U% otamount hid} lural whcre a licablc.

PROJECI':
ame, larutio or addnrr, nrf Pmject arrmGer, rf un})
FY 2023- 2024 Fence and Gaie Repair 8 Maintenance Services Projcct i Iumbez, tf an}•:

The Contrrcror and Suren- are bound ro the C.hvner in thc amounr set forth above, for the paF mcnt of whtch thc Contnctor and Sure- 6ind tE crosclres, thetn c us, esecutozs, admtnistrators, successors astd assigns, jotndc and secezallt', as prorided herein. The condtuons of tivs Bond ar suCh that if the Chvner accepcs thc bid oF the Contractor within the ume speufied tn thc Uid documents, or wYthin such nme penod as mat lx agreed ro by thc Owner and Cvntraxtor, nd the Cnnaactor either( 1) enrers t to a contract wtith the Uwner in aecordance w th the terms oE such bid, and gnes such bond or bonds as ma} bc specified m thc bidduig or Contract Documcncs, with a sureh adm rtcd n thc unsd cnon of Yhe Pro ect and othccwise acceptablc to the C) wner, far thc faithful pecformance af such Contract and for nc prompt gat mcnt of labor and matcrsa( fumishcd in the prosecution thcrcoF; or{ 2} pa}•s to thc C) wner thc diEferente, not ro excced the amount of thts Bond, betw•een the amount specified ut said bid and such L rger amount for wh ch the C7w•ner maJ• m good fasth tontract vtth another pam to perfocm the work corered br s d Uid, then thts obltgauon shaU be null anc! ro d, athetwue to temain m fuU foree and effect. The Surety hecebv w ves anp nouce of an agrecment benvecn the( vner and Concracror to extend the tune n which the C?w•ner mar accept the b d.\ ti'a rer oE noucc bt' the Surctp shaU not appl}• to an}' e: crension cxcceding sixtti'( GOj dacs n the a+, rcgaie bct•ond thc ume for acceptance of 6ids speciFicd in the bid documentsr and thc( hvner and Contraerar shall obtau the 4ucctti'' s consent for an extcns on bct•ond s rty( fi0) dacs.

If thu$ nnd is issued n connection w rh a suixontrretor' s bid to a Contr ctor, the cerm Contcacror m thts BonJ shal! be deemed to 5uhcontrattor and ihc term Owner shall be deemed ro be Contractor. hen th s I3ond has bren furrushed to complc w7th a statutory or other legal requirement m thc locauon ofthe Pro ecc, any prov sion in this Bond confLcung with sud statutorF• oc legal ceqturement shall be deemed deleted hereftom and prov sions tonformtng to such statutorti• or othcr 3cga1 rcqturement shal! Ue dcemcd ncorporrted herein. 1 1 en so fumuhcd, thc mtrnt ts that this Dond shall bc construed as a statutar} bond and not as a comrrton law bond. 5igncd and sealed this 10th da of July, 2023.

All Steef Fence, Inc.
1' RR i al) iru
t' iintrr
it&)
L ,' d' i.'.iC" iT'ix.'
Everest Reinsurance Company
hJ fS a1)
II!/ RCSS
Jft) peanna Q intero, Attomey- in- Fact
By arra tgement with the American Insdtute of Architects, the National Associatian o Swet BonQ t Producers( i fASBP) i ww.nas6o.orr) makes this form docwnent availata(e to its members, a.'iiliates, xnci associates in MicrosoR Word iarmat far use in the regular course oisurety b iness. NASBP voucfies fhat lhe original text of this document confartns exactly to the rext in AIA Document A310- 2010, 8id$ ond.

Subsequent modificaUoas may be made to the original text ofthis dactnnent by use s, so careful review of i wording and consultatioc with an attomey are encburaged befae iis completion, execution or acceptance. 377

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
aftached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Butte
On Julv 10, 2023 before me, Elizabeth Collodi, Notary Public insert name and title of the officer)
personally appeared Deanna Quintero
who proved to me on the basis of satisfactary evidence to be the person{ s} whose name{ s} is/ afe subscribed to the within instrumenf and acknawledged ta me that# e/she/# ey executed the same in i3is/ herlt# eif autho ized capacity( ies}; and that by 13islherlt# eif signature( s on the instrument the persen( s or the entiry upon behalf of which the pe san{ e acted, executed the instrument.

I certify under PENALiY OF PERJUF2Y under the laws af the State af California that the foregoing paragfaph is true and correct.

WITNESS my hand and official seal. EULABETH COLLODI
R , CQl41M. i 2392A20 9
aor nv rwa c cai. opNu , n
COUN'TY QF 9UT1E
7 Comm. 6 pNe ff9 t. 2020
Signature Seal '^„"""'^""""..""'""'
378
t E R ES
POWER OF ATTQftNEY
EYEREST RElFtSURANCE COMPANY
OEtA WARE
KNOW Ai.! PERSONS BY THESE PRESENTS That Everest Reinsurance Company a corporation ot the State ct Oefaware Canpany'} ha ng its pr,ncipal pftice loca#et} at 477 MartinsHNe Road tiberty Camer. New dersey Q7938, do herepy nomnate, constitute and appdni:

Fftsabeth Gollodi, Jahn Hnpklns, Jon» J. Wetrer, Joseph N. Weker, Renee Ramsey, Sara Waltlse, Mlnrly Whttehouse, JennNer Lakmann, Deanna pulniera, B/li Rapp, Jasort March, Mattlrew Foster, Tony Clark, lfrlstte Phllflps, Claudfne Gorrion, iHichaef K Feeney, Samantha WafRfns, PAi( Wetktns, Brad Espinosa, Pauta Seana, Pam Sey, 8reanna Boat igh; lfath/eerr Le, Sharon Sm1tri, and Kev1n Sco/leld its tive and IavAul Atiomey( sj- in- faci ta make. execute aKest sea" and Oetiver ter and on i's behaif, as surety and as its act antl deed where sequiretl any and a11 bonds and undertakings n the naiure thereof, For the penal sum o! o one ol which is in any event ta exceed UNIIMiTED, reserving tor itself the tuU power oF substi, ution and revocation 5uch f onds end undertakings, when duiy executed Dy the a oresaid Attomey( s}-: n- fact shal tre binding upon the Company as fuliy and to e same extent as if sucn bonds and undertakings were signed by tne President and Secretary of ine Company and seated w Its co cxate sea
This Power oi Aftomey is granted ana is signed' ay facs m: e under and by the authonty et the follow ng Resot tions adopte4 by the 8oard af piredars of Company(' Boar'} pr,the 2gth day of July 20t$ RESOLltEU, thet the Pr s dent any Euecu; rve Vica Presrcfent and aay Sema V.+ce Pres;Yient and Anthony Romano are nereby eppainted by ths Board as authorized to make, execate seal and detrver tor and on bchatt ot the Company, any and afi bonCs. undeRakings, contrac[ s or obl;gauons in surety or casurery wrih others a d that rire Secretary or any Astistant Secrefary o1 he Campany be artd that each ot them hereby rs authonzad to attest ro tha execuhon ot any sucl bonds, undertakrnqs. contracts a obtigations ir+ surety or co- sur ty and attach thereto the ccrpora! e seat o! the Company RESOLVED, FUR7HER, Ifia: Ure Pras.+Qent any Eracutrve Vice AresMen,, nd any Sanior Vice Prns dent ard Anthony Romano are heraby authonzed to axecute powars cl atiwney quairfyng the attomey named irt the giveri power of aC.omey to axecute cn benaK of; he Company, bonds and undeRakmgs rn wrary or co-surety with athers, and that tha Secretary or eny Assutant Secrstary af the Ccmpany be, and Chat each af them is hereby authonzed tc anest the exacutron oI any such paver ot attcmey and to attach ttereto ha carptsrata saat of the Corttpar,y
RESOL VED, FtlRTNHR, thai ihe srynature ot such olfcers r,amed m ine precedrng resolutiors and the cw; ora! e seat qf; he Company may ba afhzed ha such ppwers ef affomey or to any cemh'cate elatrng Ehereta by lacsimile, and any such nower of atf mey or certr ca!e beanng such I simile srgnaturas nr facsim,le sea sna116e thereaBer vatrd and bindmg upon the Company wrth respect to any bond, underEekim, contract or obl garion in suryty or co-surety with otners hs which 4 rs attached IN WiTNESS WHER@OP, Everest Remsu! ance Ganpany has nusad! e r corporace seals to be atfixed herelo and these presents to be sgned by meir duty autnonzed o` icers th s 28th day af. luly 2D18 tit" ran y' Pn Everest Reinsurance Ccmpany
M •
r
y SEAL
a un
vs wu '
Attest. Nicoie Cnase, Asslstant Secrefary By Anthony Romano Vice P; es ent On tt s 28th day al. luly 2QS6 Detcre me persanaliy came Mthany Romano knotim to me who. being duy swnm. did ezecu; e 1he above in5lnmerst: that he knows the seal pt gaitl Gampany tt+,ai the sea: alfxetl to Ihe aitxesa d insin+men! i5 such canorate sea and was alfaced thereta, ard tfrai he executed said instrument by I; ke or Qr i INOA ROBINS
Notary puWic, SWta of flew York 1, f z
No 01 R062 91 6
OualiNeti In 4ueens County u;'` u L.,. -<-----..-'"'
Tenn Explrea Apri125, 2D23
LirAa Robin,. Ne: ary PLu+ic
IN WITNESS WHEREOF, I have hereunto set my hand and a: xed irie se l of said Canpany at 1ne l berty Comer his 10',! t y
at JulY 2023
ES OG 01 04 8
379
380
ITEM 4. 20

CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP GG 24- 25 CITY FACILITIES FENCING

IMPROVEMENTS, AWARD A CONSTRUCTION
CONTRACT TO ALL STEEL FENCE, INC., AND APPROVE

BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Create CIP GG 24- 25 City Facilities Fencing Improvements, Award
Construction Contract to All Steel Fence, Inc., and
Approve Budget Amendment
SUMMARY:

The Harlan Road and Mossdale wastewater pump stations, Easy Court stormwater pump station and Thomsen Park are enclosed with chain link fencing that provides minimum protection to theft and vandalism. To replace the existing fencing at these locations, staff is proposing to create Capital Improvement Project ( CIP) GG 24- 25 for City Facilities Fencing Improvements ( Project).

On June 19, 2023, staff designed and solicited bids for the construction of the Project in accordance with Informal Bidding Procedures in California Public Contract Code PCC) 22034 and Lathrop Municipal Code ( LMC) 3. 30. Public Works received and opened three ( 3) bids on July 18, 2023. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be All Steel Fence, Inc. ( All Steel) with a bid of $ 164, 254.

Staff is requesting City Council approve the creation of the Project and award a construction contract to All Steel for construction of fencing and other improvements in the amount of $ 164, 254 and authorize a 15% construction contingency of $ 24, 638 for a total cost not to exceed $ 188, 892.

Staff also requests City Council approve the following budget amendments, as detailed below, transferring funds to the CIP Project Fund ( 3010):
o $ 66, 046 from the Water Recycling Plant No. 1 Cap Rep Fund 6070 o $ 31, 434 from the General Fund 1010 to subsidize City Storm Drain Zone 1 Fund ( 2510)
o $ 48, 731 from the CTF Plant No. 1 Capital Replacement Fund 6110 381
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 25 FOR CITY FACILITIES FENCING IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO ALL STEEL FENCE, INC., AND

APPROVE BUDGET AMENDMENT
BACKGROU N D:

The City of Lathrop has the following facilities enclosed with chain link fencing that provides minimum security.

Harlan Road Wastewater Pump Station - near 11850 S. Harlan Road Mossdale Wastewater Pump Station - 703 River Islands Parkway Easy Court Stormwater Pump Station - 371 Easy Court
Thomsen Park - 435 Thomsen Road
Improvements to Thomsen Park will include a sally port entry and concrete slabs to facilitate the entrance of visitors with dogs while maintaining ADA compliance. These modifications will help convert Thomsen Park into a dog park. The Project will also remove the chain link fence and install new tubular steel fencing to improve security at the pump stations.

Staff prepared the plans and technical specifications for the Project, and solicited them for bid on June 19, 2023 in accordance with CA PCC 22034 and LMC 3. 30.

Three ( 3) bids determined to be responsive and from responsible bidders were received and opened by Public Works on July 18, 2023. The bid results are summarized in Table 1 below:

Tab/ e 1: Summar of Bid Resu/ ts
Contractor Total Bid
All Steel Fence, Inc. 164, 254
Golden Ba Fence Plus Iron Works, Inc. 187, 756
Luma En ineerin Contractors, Inc. 249, 300
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is All Steel. Staff requests City Council adopt a resolution awarding a construction contract to All Steel in the amount of $ 164, 254. Staff also requests City Council authorize a 15% construction contingency of $ 24, 638, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 188, 892.

REASON FOR RECOMMENDATION:

Creation of the Project and award of a construction contract will allow the fencing improvements to increase security at the utility facilities and park. The proposed tubular steel fencing is more durable, provides decorative features, and reduces each facility' s long- term operational costs. These improvements will allow Thomsen Park to serve as the City' s third dog park, and the first one in Historic Lathrop. 382
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 25 FOR CITY FACILITIES FENCING IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO ALL STEEL FENCE, INC., AND

APPROVE BUDGET AMENDMENT
FISCAL IMPACT:

The cost for the proposed construction contract with All Steel is for $ 164, 253, plus a 15% contingency in the amount of $ 24, 638 for a total cost not to exceed $ 188, 892.

Sufficient funds were allocated in the approved FY 23/ 24 Adopted Budget for CIP PK 22- 09 however; CIP GG 22- 24 City Facilities Fencing Improvements budget is insufficient to cover the associated costs.

Therefore, staff requests City Council approve a $ 31, 434 subsidy from General Fund 1010) to the Storm Drain City Zone 1 ( 2510) to fund the construction at Easy Court Storm Pump Station due to insufficient funds in that account.

Staff also requests City Council approve the following budget amendments, as detailed below, transferring funds to the CIP Project fund ( 3010); Increase Transfer Out
6060- 9900- 990- 9010 66, 046
Increase Transfer Out
1010- 9900- 990- 9010 31, 434
Increase Transfer Out
6110- 9900- 990- 9010 48, 731
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 25 146, 211
Increase A propriation
3010- 8000- 420- 1200 GG 24- 25 146, 211
ATTACH M ENTS:

A. Resolution to Create CIP GG 24- 25 for City Facilities Fencing Improvements, Award a Construction Contract to All Steel Fence, Inc., and Approve Related Budget Amendment
B. Construction Contract with All Steel Fence, Inc. for CIP GG 24- 25 for City Facilities Fencing Improvements
383
CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 25 FOR CITY FACILITIES FENCING IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO ALL STEEL FENCE, INC., AND

APPROVE BUDGET AMENDMENT
APPROVALS:

P-t. eU 2 7.. 2 3
Steven Hollenbeak Date
Assistant Engineer
t- Z8 - 3
Ken Reed Date
Senior Construction Manager
7 3 I 2oZ3
Brad ylor Date
Ci Engineer
i
i la
C i ] am s Date
Director f inance
7 7 •2oz3
Michael King Date
Assistant City Manager
7 t- 7 - zp Z3
Salvador Navarrete Date
City Attorney
8•3-z3
Stephen J. Salvatore Date
City Manager
384
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP GG 24- 25, CITY FACILITIES FENCING IMPROVEMENTS AND AWARD A CONSTRUCTION CONTRACT TO ALL STEEL FENCING, INC., AND APPROVE

BUDGET AMENDMENT
WHEREAS, the Harlan Road and Mossdale wastewater pump stations, Easy Court stormwater pump station and Thomsen Park are enclosed with chain link fencing that provides minimum protection to theft and vandalism; and WHEREAS, to replace the existing fencing at these locations, staff is proposing to create Capital Improvement Project ( CIP) GG 24- 25 for City Facilities Fencing Improvements ( Project); and
WHEREAS, improvements to Thomsen Park, for CIP PK 22- 09 will include a sally port entry and concrete slabs to facilitate the entrance of visitors with dogs while maintaining ADA compliance. These modifications will help convert Thomsen Park into a dog park; and
WHEREAS, on ) une 19, 2023, staff designed and solicited bids for the construction of fencing improvements at all four sites ( Project) in accordance with Informal Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3. 30 a total of three ( 3) bids were received and opened by Public Works on July 18, 2023; and
WHEREAS, based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be All Steel Fence, Inc., ( All Steel) with a bid of $ 164, 254; and WHEREAS, staff is requesting City Council approve the creation of the Project and award a construction contract to All Steel for $ 164, 253, plus a 15% contingency in the amount of $ 24, 638 for a total cost not to exceed $ 188, 892; and WHEREAS, sufficient funds were allocated in the approved FY 23/ 24 Adopted Budget for CIP PK 22- 09, Thomsen Park improvements; and WHEREAS, sufficient funds weren' t allocated in the approved FY 23/ 24 Adopted Budget for CIP GG 24- 25, City Facilities Fencing Improvements; and WHEREAS, therefore, staff also requests City Council approve the following budget amendments, as detailed below, transferring funds to the CIP Project Fund 3010), including a $ 31, 434 subsidy from the General Fund ( 1010) to the Storm Drain City Zone 1 ( Fund 2510);
Increase Transfer Out
6060- 9900- 990- 9010 66, 046
385
Increase Transfer Out
1010- 9900- 990- 9010 31, 434
Increase Transfer Out
6110- 9900- 990- 9010 48, 731
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 25 146, 211
Increase A propriation
3010- 8000- 420- 1200 GG 24- 25 146, 211
NOW, THEREFORE, BE IT RESOLVED, City Council of the City of Lathrop hereby approves the creation of CIP GG 24- 25, City Facilities Fencing Improvements; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment as detailed above, including a subsidy of $ 31, 434 from the General Fund ( 1010) to the Storm Drain City Zone 1 ( Fund 2510); and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to All Steel Fence, Inc. in the amount of 164, 254 for the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency of $ 24, 638 for a total cost not to exceed $ 188, 892 for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 386
The foregoing resolution was passed and adopted this 14th day of August, 2023 by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 387
A1' TACHME VI'
N N
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25

CUPCCAA INFORMAL BID SOLICITATION CONTRACT

CONTRACT
This Contract, dated August 14, 2023 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and All Steel Fence, Inc., ( Contractor), whose Taxpayer ldentification 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 recardation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.

2. General Scope of Project and Work. Construction Documents for CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25 ( 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 demolition and offhaul of existing steel and chainlink fencing, provision of materials for and the construction of a concrete vehicle barrier wall and tubular steel fencing at four (4) City- owned within Lathrop city limits and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 40 working days following issuance of Notice to Proceed.

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

Base Bid Total: $ 164, 254 ( One Hundred Sixty Four Thousand Two Hundred Fifty Four pollars)

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by All Steel Fence, Inc. on July 18, 2023.
388
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25

CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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, Ciry shall pay to Contractar 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 supparting 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. Contractar 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 remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, ar damage as may be caused 389
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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 ar 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. 390
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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).

Certi ed 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.
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RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates 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 CTTY, 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 far inspection as copies and furnished upon request to the public ar 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 392
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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 CTTY 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.

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 - S. IA.

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 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
393
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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 ar 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 autharity 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. Assi n. 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 C1tX. 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.
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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:

Phone:

Fax:

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 ar 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. 395
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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 priar 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 ar 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) Severabiliry. 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 396
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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 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site far 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.
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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
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the Ciry by the Contractor after City Council' s approval with resolution.
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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:

By:

Michael King, Assistant City Manager
APPROVED:

B y:

Stephen J. Salvatore, City Manager

END OF SECTION)
399
SEC"TtUN 40300
2023 UTiLi7Y AND PARK FEiYCtI C 1MPROVE; M NTS
CUPCCAA IIVFORMAL B! D SOLiC[ TAT34N BIU PRdPQ5AL FORMS iiD FRCIPOSAL FORMS
T0: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATI' ENTICiN: Public Works Department
FOR: 2023 UTIL[ TY AND PARK FENC[ NG IIVIPROVEMENTS
THE UNDERSIGNED, AS BIDDER, H RE Y AGREES AND CLARES THAT:

L GAL UMPLIANCE
Thc only persons or parties interested in this Bid as Principais are those ngmcd hcrein; that this Bid is made without coltusion with any ather person, firm, partnership, corparation, or assaciation; thai he has carefulfy examined the Iocation ofthc proposed work aad the Constructian Dacuments; and he proposes and agrees that ifthis Bid is acceptcd he will contract with the City of L. athrop, in the farm of ths Contract as set Forth in thc Construction Documcnts for said project, ta providc all the necessary labor, services, materials, and equipment, and to do all tho wark and fumish all the materials; and that he wili accept in fuli payment thcrefore the pricc as proposed in the following Bid Schedule.

SCHEDULE OF P tICES
All agplicable permit fees, licensing costs, s tes taxes, Staie, nndtor Federal, aad any other taxes, patent rights, or royalties arc included in the prices quoted in the Hid. Ali biank spaccs must be filled ia.

ASIS OF AWARD
The basis for award of the cantract will be thc totaf price af thc Sase $ id. The City of Lathrop reservcs the rigi t to award ths work contemplatcd by on[ y the Base Bid, the work cantemplated by the Base Bid plus Bid Attcrnate 1, or none ofthe work.

U 3- 1
400
sEcrrorr oa oo
2623 UTIi.iTY AtiD PARK FENCING[ MPROYEMBiYT5
CUPCC. A lNFORMAL B1D SOt, IC!'i'AT10lY BID PROPOSAL ORM5 2023 UTILITY AND PARK FENCLNG IMPROVEMENTS
BASE B1D SCHEDULE
i
S[ TE DESC QjJp U

UNIT ITEM

ITEM PRICE PRICE
l BONDS t MOBILIZATION 1 LS 12, 659. 34 $ 12, 659. 34
2 DEMQl, 1TIfJN I f)FFHAUL LS $ 5, 100. 00 $ S, lOQ. 00 3 TF1biPURARY FENCING LS $ 4,770. 00 $ 4, 770. UQ
O
4 8' HEIGHT STEEL FENCING 165 LF $
3a $ 21, 16950
5 5' HEIGHT STEEL FENGiNG 84 LF 1Q8• 5 $$ 8• Od
8' HEIGH'I' SLIDiNG GA7E Q 20'
G LEa` IG'iH W I'I-[ 40' STFEL V 7RACK t LS 14, 546. 97 $ 14, 546. 97 AND OONCR" TE FQQrT[ NG
7 DEMOLIT[ ON! OFFHAUL t LS $ 700. 00 oa.00
8 TEMPC) RARY ENCING 1 LS $ 4QO. Q0 $ 4d0. U4

0. 9 b' HEiGM' StEELFEIVCMG 12 LF $ 40. 15 $ 4,$ 49.$ 0 1 6' H IGKT PED S1N( NG GA' tE( c 3'
VViDE 2 EA $ 3, 150. Od $ 6, 3QO. Od
l 1
CE COIVCFtb"TE SLA B5{ a 6'
t 20 S F 18Q. 84 $ 21, 700. 80 THICK
40300- 2
401
SEC? ION 00300
2023 U`CILIT'Y AND PARK FENGNG IMPi OVEMEfYTS
CUi' CCAA 1NFORMA HID SOI. ICITATiUiY SID E' ROPOSAL FORMS 12 DEMOLtT10N/ OFFHAUL E 45 $ 2,050. 00 $ 2, asa. QO
F
13 TF r1PORARY FEfVCMG 1 LS $ 915. 00 5918. OU
U
14 HE[GFit' S' fEELFENCING 34 F $ 180. 89 $ 6, 15Q. 26
8' HEIGE 1' SLIDMG GATE Q 17'
IS LETIGIN WCi7 i 34' STE Z, V' IRACK 1 LS $ 15, 050. 0 $ 15, OSO. QO AND OQNC tE'IE FOOri1NG
16 D MOLlT10N/ OFFHAUL I LS $ 3,b50.00 $ 3, 654. 00
l7 7'EMPORARYFE IIJG I LS $ 2,375. 00 $ 2, 376. 00
a
18 8' HEIGHT STEEL FENC[ 1' dG 110 LF 5115. 91 $ 12, 754. 10 8' HEIGHI' SLtDING GATEQa 22'
19 L IVGFN W1' IH 44' S'TFp.,V TRACK 1 LS 17, 353. Q0 $ 17, 353. 00 fx AND C'ONQtEiE FCfOri' ING
za 8 FiE1GHTSW[ NGGATE i q $ 3, 080. 00 53, 80.00
TUTAG BASE BLD; $ 164, 253. 77
TOTAL BID IlY WORDS: One hundred sixty£our thousand twa hundred fifty three ard 77/ 100 UQ30Q- 3
402
2023 Park& Utitity Fencing- Addendum No. 2