ITEM 4. 13
CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A SERVICE CONTRACT WITH CALIFORNIA
SALES ORGANIZATION, LLC FOR EVIDENCE
STORAGE AND PROCESSING EQUIPMENT FOR THE
PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13
CORPORATION YARD IMPROVEMENTS
RECOMMENDATION: Adopt Resolution Approving a Service Contract with California Sales Organization, LLC for Evidence
Storage and Processing Facilities for the Property
and Evidence Building, CIP GG 21- 13 Corporation
Yard Improvements
SUMMARY:
On June 12, 2023, City Council awarded a contract for the construction of the Property and Evidence Building associated with CIP GG 21- 13, Corporation Yard Improvements. The contract included construction of the building and site improvements but did not include supply and installation of the evidence storage and processing equipment essential to the services provided by Lathrop Police Department ( LPD).
Therefore, staff obtained through California Multiple Award Schedules ( CMAS) a quote for $ 562, 470 from California Sales Organization LLC ( C50) for the materials and installation of the evidence storage and processing equipment ( Project).
Pursuant to Lathrop Municipal Code 2. 36. 110B, staff requests City Council approve a service contract with CSO for the Project for $ 562, 470. Staff also requests City Council authorize a 10% construction contingency of $ 56, 247 for a total Project cost not to exceed $ 618, 717.
Sufficient funds were allocated in the Fiscal Year ( FY) 2023- 24 approved budget to award the contact; therefore, no budget amendment is needed.
BACKGROUND:
The Project scope includes the purchase and installation of tools and equipment essential to many of the services provided by LPD. These items include motorized and fixed shelving, cold storage, a locked safe for secure storage, and equipment for the handling and retrieval of evidence. Equipment for the analysis of fingerprints and wardrobe lockers is also included in the quote. All items in the proposed contract are listed with costs in Table 1, below:
CITY MANAGER' S REPORT PAGE 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE A SERVICE CONTRACT WITH CSO FOR EVIDENCE STORAGE AND
PROCESSING EQUIPMENT FOR THE PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13
Table 1: Evidence Storage and Processing Equipment
ITEM TOTAL MATERIALS LABOR
High Density Shelving 440, 700. 00 $ 347, 000. 00 $ 93, 700. 00 Drug Cabinets 3, 700. 00 $ 2, 500. 00 $ 1, 200. 00
Evidence Lockers 28, 700. 00 $ 25, 500. 00 $ 3, 200. 00 Wardrobe Lockers 3, 500. 00 $ 3, 150. 00 350. 00
Forensic Drying Cabinet 5, 900. 00 $ 5, 400. 00 500. 00 Fuming Chamber 6, 500. 00 $ 6, 250. 00 250. 00
Humidity Chamber 14, 250. 00 $ 14, 000. 00 250. 00
Fume Hood 4, 200. 00 $ 3, 950. 00 250. 00
Safe 3, 700. 00 $ 3, 550. 00 150. 00
Evidence Refrigerator 2, 800. 00 $ 2, 650. 00 150. 00
Evidence Freezer 3, 400. 00 $ 3, 250. 00 150. 00
517, 350. 00 $ 417, 200. 00 $ 100, 150. 00
PRE- TAX TOTAL 517, 350. 00
8. 75% TAX ON $ 515, 650 $ 45, 119. 38
TOTAL 562, 469. 38
Staff requests City Council adopt a resolution approving a service contract with CSO for $ 562, 470. Staff also requests City Council authorize a 10% construction contingency of $ 56, 247, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 618, 717.
REASON FOR RECOMMENDATION:
The proposed improvements will provide LPD with equipment and tools for the secure storage, handling and processing of evidence that are essential to many of the services provided by the department.
FISCAL IMPACT:
The proposed service contract with CSO is for $ 562, 470. A 10% construction contingency of $ 56, 247 is requested for a total cost not to exceed $ 618, 717.
Sufficient funds were allocated to CIP GG 21- 13 in the approved FY 2023- 24 budget to award the contact; therefore, no budget amendment is needed.
ATTACH M ENTS:
A. Resolution Approving a Service Contract with California Sales Organization, LLC for Evidence Storage and Processing Equipment for the Property and Evidence Building, CIP GG 21- 13 Corporation Yard Improvements B. Service Contract with California Sales Organization, LLC for Evidence Storage and Processing Equipment for the Property and Evidence Building, CIP GG 21- 13, Corporation Yard Improvements
CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
APPROVE A SERVICE CONTRACT WITH CSO FOR EVIDENCE STORAGE AND
PROCESSING EQUIPMENT FOR THE PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13
APPROVALS:
S/ 2 23
Steven Hollenbeak Date
Assistant Engineer
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Ken Ree Date
Senior Construction Manager
ZI zBrad ylor Date
City Engineer
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C h i e Ro'
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Ca ' James Date
Director of inance
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
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Ste J. Salvatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A SERVICE CONTRACT WITH CALIFORNIA SALES
ORGANIZATION, LLC FOR THE PURCHASE OF EVIDENCE STORAGE AND
PROCESSING EQUIPMENT FOR THE LATHROP POLICE DEPARTMENT
PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 CORPORATION YARD
IMPROVEMENTS
WHEREAS, on June 12, 2023, City Council awarded a contract for the construction of the Lathrop Police Department Property and Evidence Building, CIP GG 21- 13, Corporation Yard Improvements; and
WHEREAS, the Property and Evidence Building requires several types of modular evidence storage and processing components, which were not included in the contract for the construction of the building; and
WHEREAS, staff obtained through California Multiple Award Schedules CMAS) a quote for $ 562, 470 from California Sales Organization ( CSO) for the materials and installation of the evidence storage and processing equipment Project); and
WHEREAS, pursuant to Lathrop Municipal Code 2. 36. 110B, staff requests City Council approve a service contract with CSO in the amount of $ 562, 470 for the Project; and
WHEREAS, staff also requests Council authorize a 10% construction contingency in the amount of $ 56, 247 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 618, 717; and
WHEREAS, sufficient funds were allocated to CIP GG 21- 13 in the approved Fiscal Year ( FY) 2023/ 24 budget to fund the contact.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a service contract with CSO for the Project for the Lathrop Police Department Property and Evidence Building, CIP GG 21- 13, Corporation Yard Improvements for a cost of $ 562, 470; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency of $ 56, 247, for a total cost not to exceed $ 618, 717 for the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project.
The foregoing resolution was passed and adopted this 11th day of December, 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 ATTACHMEN7
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP
AND CALIFORNIA SALES ORGANIZATION LLC
FOR THE MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND
PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, RELATED TO THE CORPORATION YARD IMPROVEMENTS, CIP GG 21- 13 THIS SERVICE CONTRACT ( hereinafter" Contract") is made on December 11, 2023, by and between the CITY OF LATHROP, a municipal corporation of the State of California hereinafter " City") and CALIFORNIA SALES ORGANIZATION LLC ( hereinafter " Contractor"), whose Taxpayer ldentification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:
SCOPE OF WORK
Contractor agrees to provide the Materials and Installation of the Evidence Storage and Processing Equipment at the Lathrop Property and Evidence Building in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit " A" and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' s satisfaction.
CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on time and materials basis not to exceed $ 562, 469.38 set forth in Exhibit " A".
TIME FOR PERFORMANCE
The effective date of this Contract is December 11, 2023, and it shall terminate no later than June 30, 2025.
PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.
INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation.
Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City. Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.
SERVICE CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' s Bid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property.
The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.
CONTRACTOR' S WARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance.
Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.
APPRENTICES
a) The Contractor' s attention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7 of the California Labor Code.
SERVICE CONTRACT- CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 b) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
c) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.
HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal day' s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- five dollars ($ 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work perFormed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.
PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid 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 work.
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a) A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7 to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
c) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the
SERVICE CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 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 the Contractor.
The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or 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 the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.
Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.
PREVAILING WAGES
a) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. (" Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable public works" or" maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www. dir. ca. ctov/dlsr/PWD/index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perForm work on the Project available to interested parties upon request, and shall post copies at the Contractor' s principal place of business and at the Project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
SERVICE CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 b) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
BONDS
a) As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before date of execution, the Contractor shall furnish satisfactory Performance Bond in the amount of 100 percent of the Contract Price and Payment Bond in the amount of 100 percent of the Contract Price as security for the faithful performance and payment of all the Contractor's obligations under this Contract.
b) The Guaranty ( Warranty) Bond shall remain in effect at least until one year after the date of Acceptance of Public Improvements by the City as applicable, except as otherwise provided by Law or Regulation.
c) The Bond Company acknowledges that the Performance Bond, Payment Bond, and Guaranty (Warranty) Bond will be separately enforceable until each is separately released by the City of Lathrop. The release of one bond shall not release the remaining bond( s), even if all bonds share the same bond number. d) If the surety on any Bond furnished by the Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, the Contractor shall within 7 days thereafter substitute another Bond and Surety, which must be acceptable to the CITY.
INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at CONTRACTOR' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000).
SERVICE CONTRACT- CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 In the alternative, CONTRACTOR may rely on a self-insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liabilitv Insurance. CONTRACTOR, at CONTRACTOR' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars per occurrence ($ 2, 000, 000), 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, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of CONTRACTOR; premises owned, occupied or used by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
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 CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
SERVICE CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 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. CONTRACTOR shall disclose the selfinsured 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 CITY Manager, CONTRACTOR may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self-insured retention levels upon a requirement that CONTRACTOR 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 subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' S earliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage. e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' S breach.
INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants 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
SERVICE CONTRACT- CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 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.
SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.
COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.
Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.
INTERPRETATION
a) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. b) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.
APPLICABLE LAW
a) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California. b) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.
SERVICE CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13
SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CONSTRUCTION CONTRACT— CITY OF LATHROP AND CALIFORNIA SALES ORGANIZATION LLC
MATERIALS AND INSTALLATION OF THE EVIDENCE STORAGE AND PROCESSING EQUIPMENT AT THE LATHROP PROPERTY AND EVIDENCE BUILDING, CIP GG 21- 13 Approved as to Form: City of Lathrop
City Attorney
lZ s-'- iot3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved By: City of Lathrop
City Council Meeting:
390 Towne Centre Drive
Resolution No.: Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Contractor: California Sales Organization LLC
Jeff LeBoss
4610 Martha Avenue
Tracy, CA 95377
Federal Tax ID #
Lathrop Business License #
Signature Date
Print Name and Title
EXHIBIT""
ESTIMATE
r
California Sales Org LLC jeff spacesolutions. us
4610 Martha Ave 510) 695- 0349
Tracy, CA 95377 spacesolutions. us
Lathrop Police Department
6iu to snip to
Lathrop Police Department Lathrop Police Department
2112 E Louise Ave. 2112 E Louise Ave.
Lathrop„ CA 95330 Lathrop„ CA 95330
Estimate details
Estimate no.: 1383
Estlmate date: 12/ 04/ 2023
Date Product or service SKU Qty Rate Amount
1. Spacefile Mobile 1 $ 347, 000. 00 $ 347, 000. 00
High Density Shelving
9) 48" W x 24' L Powered Spacefile Carriages Consisting of:
o( 6) 48" W x 24" D x 121 Yo" H Back to Back Sections
7) Levels+ Canopy Top
5) 24" W x 24' L Powered Spacefile Carriages Consisting of:
o( 6) 48" W x 12" D x 121 / a" H Back to Back Sections
9) Levels+ Canopy Top
Shared Back Panels
1) 12" W x 24' L Powered Spacefile Carriages Consisting of:
o( 6) 48" W x 12" D x 121 / a" H Single Faced Sections
9) Levels+ Canopy Top
Back Panels
2. CERTIFIED INSTALLATION 1 $ 93, 700. 00 $ 93, 700. 00
INSTALLATION OF MOBILE
3. Shelving 1 $ 2, 500. 00 $ 2, 500. 00
Drugs RM511
4) 48" W x 21" D x 97/ a" H Single Faced Static Sections o( 7) Levels+ Canopy Top
o Tambour poor
4. CERTIFIED INSTALLATION 1 $ 1, 200. 00 $ 1, 200. 00
Drug RM511 Shelving
5. Product 1 $ 25, 500. 00 $ 25, 500. 00
EVIDENCE LOCKERS
6. CERTIFIED INSTALLATION 1 $ 3, 200. 00 $ 3, 200. 00
Evidence Lockers
7. Product 1 $ 3, 150. 00 $ 3, 150. 00
Wardrobe Lockers( 6)
8. CERTIFIED INSTALLATION 1 350. 00 $ 350. 00
Wardrobe LOCKER INSTALLATION
9. Product 1 $ 5, 400. 00 $ 5, 400. 00
DRYER CABINET EACH UNIT INCLUDES:
First set of filters( carbon, HEPA and pre- fiRers)
Removable hanging rod
Removable perforated shelving( 3 per chamber)
Manual washdown package( hoses, spray noule, drain pump) 1 UV- FDC Germicidal UV lamp and timer
1 STARTKIT Start- up kit( hangers, gloves, liners, and more) 1 LIGHT-FDC Internal lighting
10. CERTIFIED INSTALLATION 1 500. 00 $ 500. 00
Forensic Drying Cabinet
11. Product 1 $ 6, 250. 00 $ 6, 250. 00
Safefume Automatic Cyanoacrylate Fuming Chamber:
QTY:( 1) CA30S Benchtop, 2. 5ft wide, SAFEFUME
Each Unit Includes:
1 UV- CA UV system
1 ELOCK Electronic Door Lock
1 AHOTPLATE Advanced Hot Plate
1 WF2 Humidity Fitters— Pack of 4
1 ASTM- PRF Main Pre-filters Pack of 6
1 CA- PRFCirculation Fan Prefifters— Pack of 10
1 ASTM- 001 Main Carbon FiRer
1 72452 Sleeve of 100 tin dishes
1 AA- 500500 gram bottle of Cyanoacrylate
1 AA- 49020 gram bottle of Cyanoacrylate
12. CERTIFIED INSTALLATION 1 250. 00 $ 250. 00
Fuming Chamber
13. Product 1 $ 14, 000. 00 $ 14, 000. 00
Safedevelop Heat and Humidity chamber for DFO/ Ninhydrin processing:
1 VB- 60 Ductless fume extractor w/ activated carbon filter.
14. CERTIFIED INSTALLATION 1 250. 00 $ 250. 00
Humidity Chamber
15. Product 1 $ 3, 950. 00 $ 3, 950. 00
QTY:( 1) PURAIR BASIC DUCTLESS FUME HOODS:
1 P5- 36XT- A 3ft wide, 115v
FILTER SELECTION:
1 ASTS- 001 GP Plus fiker for solvents and organics
EQUIPMENT INCLUDED:
1 TRAY-P5- 36 Polypropylene spillage tray
1 CART- 36 Open steel cart with locking casters
1 DWYER Continuous airflow display
1 MIF- 001 Custom fuily closing sash.
16. CERTIFIED INSTALLATION 1 250. 00 $ 250. 00
Fume Hood
17. Product 1 $ 3, 550. 00 $ 3, 550. 00
QTY:( 1) Mesa Safe Burglary& Firesafe Cabinet- 32" W x 22" D x 59" H 1 HR Fire Rating, Combo Lock
18. CERTIFIED INSTALLATION 1 150. 00 $ 150. 00
SAFE INSTALLATION
19. Product 1 $ 2, 650. 00 $ 2, 650. 00
QTY:( 1) 54" W x 32 Ya" D x 82'/ z" H Nexel Reach Refrigerator, 2 Glass Doors, 47 Cu. Ft.
20. CERTIFIED INSTALLATION 1 150. 00 $ 150. 00
Evidence Refrigerator
21. Product 1 $ 3, 250. 00 $ 3, 250. 00
QTY:( 1) 54" W x 32 Ya" D x 82/ z" H Nexel Reach In Freezer, 2 Solid Doors, 47 Cu. Ft., Stainless Steel
22. CERTIFIED INSTALLATION 1 150. 00 $ 150. 00
Evidence Freezer
23. 0. 00
CMAS Number: 4- 22- 09- 1040
24. 0. 00
SHOP DRAWINGS WILL BE PREAPRED FOR SIGNOFF ONCE ORDER IS PLACED
25. 0. 00
price includes prevailing wage during normal business hours)
26. 0. 00
TERMS: 50% non- refundable deposit is due with order
40% due upon shipment of product
Balance 10% due upon completion of installation
Subtotal 517, 350. 00
Sales tax 45, 119. 38
Tota 562,469.38