Lathrop City Council
May 13, 2024

855
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
In the event of a dispute between CONTRACTOR and customer relative to the amount of such service fee, the dispute may be submitted to the CITY Manager or designee for decision. The CITY Manager shall hold an informal hearing at their office, and following said hearing, may fix the among of service fee for such special collection, which determination shall be final.
q) Holiday Collection
When a scheduled collection day falls on a holiday, CONTRACTOR may, at its option and upon notice to its customers by publication 30 days in advance in a local newspaper of general circulation and a " container tag" two weeks in advance ( that has been approved by CITY), collect either on the holiday or on a day immediately prior to, or delay collection schedules one day.
r) Hazardous Substances
CONTRACTOR shall not be required to collect, transport, or otherwise handle household hazardous waste.

CONTRACTOR shall report in writing to the CITY and the appropriate state, federal, local government, or agency the presence of any hazardous substance found in solid waste collected by CONTRACTOR in the CITY within five (5) days of its discovery.

CONTRACTOR shall divert hazardous substances to a lawful hazardous substance disposal facility and shall maintain written records of the proper disposal of any and all hazardous substances collected by CONTRACTOR for a period of twenty ( 20) years.

V. COLLECTION SERVICE, RATES, AND BILLING
a) Collection Service
The following rates and charges shall be charged for the collection of solid waste:

1. Single- family Residential Units
A limited amount of garbage and solid waste shall be picked up from single- family residential units and multiple family dwellings of three or fewer units, on a once -a -week basis. Single- family residential units will be provided with three ( 3) color -coded containers which shall designate which bin and/ or cart is being used for which type of waste. Blue shall be for recyclables. Green shall be for organic/ green/ yard waste. Gray shall be for residential solid waste. Residential customers may select a container size for residential solid waste, excluding recyclables and organic waste, in one of the following industry classification sizes: (1) 90 -gallon, (1) 60 gallon, (1) 30 -gallon. The monthly charge for this service shall be set by CONTRACTOR within the maximum rate to be set by the CITY as set forth in the Lathrop Code of Ordinances. Any such charge shall be dependent on the size of the container selected by the customer.

2. Multi -story, Multi -families, Residential Units, and Trailer and Mobile Home Parks The fee charged by CONTRACTOR shall be in accordance with the schedule set forth in the CITY' s Code of Ordinances, as may be amended annually.

856
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
a. Multiple Family Dwellings with Four or More Units — This type of dwelling unit shall be treated as a commercial account.
b. Mobile Home Parks — A limited amount of solid waste shall be picked up from mobile home parks. The owner of each mobile home park in the CITY shall select the type and level of service.

3. Commercial Accounts
The fees charged for commercial accounts shall be set by CONTRACTOR in accordance with the schedule set forth in the CITY Ordinance, as may be amended annually.

4. Industrial Accounts:

The rate for industrial accounts shall be established as provided in the Lathrop Municipal Code.

5. Restriction on Garbage and Solid Waste
The pickup of residential solid waste referred to herein shall not be deemed to include discarded construction materials resulting from major construction remodeling, tires, or hazardous waste.
b) Handling Containers
CONTRACTOR shall leave solid waste containers in anu upright position in the location at which they were found prior to collection. CONTRACTOR shall be liable for damage to solid waste containers or private property occurring as the result of its own negligence, but not otherwise.
c) Justifiable Cause for Refusal of Service
CONTRACTOR shall be justified in refusing service to any customer who fails to comply with all provisions of this Contract and the Lathrop Municipal Code for the handling of solid waste, including but not limited to excess weight more sixty ( 60) lbs. of container, substance other than green waste in the designated can, substance other than approved recyclables in designated can, and a refuse account that is not more than sixty- fve (65) days in arrears.
d) Residential Routes: Notices
Thirty (30) days prior to the commencement of service under this Contract or in a manner otherwise acceptable to CITY, CONTRACTOR shall provide CITY with a detailed map of residential collection routes and residential collection schedule. In the event CONTRACTOR changes its residential collection schedule. CONTRACTOR shall notify all affected customers with a thirty (30) day advance notification via US mail and " container tag" (that has been approved by CITY) of the pick- upschedule.

857
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
e) Violation Notices
If CONTRACTOR, for justifiable cause as justified in Section 23, above, does not collect solid waste from a customer, CONTRACTOR shall give the customer written notification by a " container tag" (that has been approved by CITY) of the reason for refusing to collect.

CONTRACTOR shall maintain a record of all notices given pursuant to this section. f) Collection Rates
CITY shall determine only the maximum rate CONTRACTOR may charge to commercial and residential customers for solid waste collection and transportation services. The rates established shall be reviewed annually during the month of May and if appropriate, adjusted effective July 1. Determination of any appropriate adjustments to the maximum permitted charge for residential and/ or commercial solid waste service will be based on of the 12 -month average change in the Consumer Price Index for All Urban Consumers Water, Sewer, and Trash Collection Index Series ID CUSR0000SEHG) for the most 12 - month period published immediately prior to the rate application. Any rate adjustment in any given year shall not exceed 5%.

The first- rate adjustment effective July 1, 2025 will be based on the percentage changes between the 12 -month average of the CPI index from January 2024 to January 2025. If the CPI is discontinued or revised during the Term by the United States Department of Labor, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or revised.

If the CONTRACTOR increases residential and/ or commercial collection rates in accordance with paragraph above, and the rate increase is formally accepted by CITY Council , the CONTRACTOR shall notify all customers by June 1 of any rate increase on July 1 of the same calendar year via US mail and " container tag" of the new rates. g) Annual Rate Cap on Maximum Service Rates
In any Rate Year that the calculation of the CPI exceeds five percent ( 5%), the total adjustment for that year will equal five percent (5%) and the rollover amount will be added to the rate adjustment percentage in the following year, or any subsequent year. If the CPI is negative ( after accounting for any applicable rollover percentages from prior years), there will be no CPI adjustment for that year.
h) Discounts
Residential customers may only qualify for, and be eligible to receive, one ( 1) of the following discounts to the monthly billable service rates.

1. Senior Citizens Discount
For residential customers who can demonstrate to the satisfaction of CONTRACTOR that at least one ( 1) adult who permanently resides at the place of service is an owner or tenant of such residence and is sixty- fve (65) years or older, there shall be a twenty- four percent 24%) reduction in the otherwise applicable monthly charge paid to CONTRACTOR for

858
SERVICE CONTRACT— CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
residential service to such property; provided they are deemed the head of household and/ or account holder of solid waste service with CONTRACTOR. Customers seeking such a discount shall contact the CONTRACTOR to complete the eligibility application.

2. Veterans Discount
For residential customers who can demonstrate to the satisfaction of CONTRACTOR that i.) at least one ( 1) adult who permanently resides at the place of service is an owner or tenant of such residence ( ii.) deemed the head of household and/ or account holder of solid waste service with CONTRACTOR and ( iii.) is a Veteran of the United States Armed Forces by supplying proof of a DD Form 214, Certificate of Release or Discharge from Active Duty, there shall be a ten percent ( 10%) reduction in the otherwise applicable monthly charge paid to CONTRACTOR for residential service to such property.

Customers seeking such a discount shall contact the CONTRACTOR to complete the eligibility application.

3. Low Income Discount
For residential customers who can demonstrate to the satisfaction of CONTRACTOR that i.) at least one ( 1) adult who permanently resides at the place of service is an owner or tenant of such residence qualifies for a person of low, lower, or extremely low income as documented by participation in a local utility income -based discount program, (ii.) deemed the head of household and/ or account holder of solid waste service with CONTRACTOR, and ( iii.) enrolled in a discounted utility program, there shall be a twenty percent ( 20%) reduction in the otherwise applicable monthly charge paid to CONTRACTOR for residential service to such property for 30 -gallon size of bins and/ or carts only. Customers seeking such a discount shall contact the CONTRACTOR to complete the eligibility application. Information regarding qualification criteria can be found by visiting, https:// www. csd.a. gov/ Paqes/ LIHEAP- Income- Eliqibility. aspx. i) Billing
CONTRACTOR shall prepare and deliver bills to residential and commercial customers on a monthly basis. Within Fifteen ( 15) days of the end of the billing cycle, CONTRACTOR shall furnish CITY with a statement of customers with accounts more than one billing cycle in arrears.
j) Auto -Enrollment
CITY shall at all times during the term of this Contract require the owner of each Commercial Premises and Multiple Unit Dwelling in the CITY, where Refuse, Recycling, Household Hazardous Waste or Infectious Waste is produced, to subscribe to the Refuse, Recycling and Organics collection service provided for in this Contract and in Chapter 8. 16 of the Lathrop Municipal Code. CONTRACTOR shall provide the services to all Premises specified in this Contract at City -approved rates. Beginning July 1, 2024, CITY directs that CONTRACTOR automatically enroll any new or unsubscribed Residential, Commercial and Multiple Dwelling Customers in Refuse, Recycling and Organics collection services pursuant to Chapter 8. 16 of the Lathrop Municipal Code. The work to be done by CONTRACTOR pursuant to this Contract shall include the furnishing of all supervision, labor, materials, tools, equipment, expertise, and any other items necessary to perform

859
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
the services in the CITY described herein. Such work shall be accomplished in a thorough and workmanlike manner. CONTRACTOR shall not litter any Premises or public property when making collections. Auto -enrollment of such services shall commence upon effectiveness of this Amended and Restated Contract and be implemented during a thoughtful and thorough process where each customer is notified of such mandatory service in advance. CONTRACTOR will regularly update the CITY of its progress and completion of auto -enrollment services.
k) Reporting and Payment
CONTRACTOR shall furnish CITY with a statement of all customers with accounts that have suspended, terminated, or have no service for all of the following, but not limited to, non- payment, vacation, and relocation. This statement must be provided within 24 hours of suspension or termination and continue daily for 10 days.

1. On or before the 10th day of each month, CONTRACTOR shall report the following:
a. The total number of customers
b. The level of service is determined in accordance with each section of this Contract and ordinances in the Lathrop Municipal Code.
c. The amount billed.

4. Any extra charges or services ordered.
e. Payment and Authorization Deductions.

On or before the 10th of each month, CONTRACTOR shall remit to CITY:

2. AB 939 Fee
CONTRACTOR shall pay to the CITY an AB 939 Integrated Solid Waste Management Plan fee as set by CITY Council pursuant to Chapter 8. 16 of the Lathrop Municipal Code, currently three ( 3) percent of the gross revenues collected pursuant to that Contract for which a
Integrated Sold Waste Management Plan fee is required to be paid.

3. Franchise Fee
CONTRACTOR shall pay to the CITY as a franchise fee a sum equal to seven (7) percent of the gross revenues collected pursuant to the Contract for which a franchise fee is required to be paid. Within ten ( 10) days following the completion of each calendar month, the CONTRACTOR shall furnish the CITY with a report of all receipts associated with the removal and transportation of solid waste for which a franchise fee is payable. The CONTRACTOR' sreport shall be accompanied by a check in the amount of the franchise fee that CONTRACTOR owes to CITY.

4. AB 919 Fee
CONTRACTOR shall pay a fee to San Joaquin County in accordance with the San Joaquin County Ordinance Code for any and all solid waste that is collected within the CITY and

860
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
transported out of San Joaquin County for disposal. CONTRACTOR agrees to pay any revised fee legally adopted by San Joaquin County.

VI. CONTRACTOR' SOFFICE
CONTRACTOR shall maintain an office at a fixed location within 15 miles of CITY limits and shall maintain telephone services CONTRACTOR' sname. CONTRACTOR shall staff the office from the hours of 8: 00 am to 4: 30 pm on each day collections are scheduled, except weekends and holidays. Staff shall include a person to receive complaints and answer inquiries during office hours. Responses to complaints or inquiries shall be made no later than the end of the next workday following the day on which the complaint is received, and the nature and time of disposition. CONTRACTOR shall maintain written records of all customers contacts, including date, time, response date, and result. All solid waste collection vehicles shall be equipped for two- way radio communication with the office.

CONTRACTOR shall provide a payment drop- off box located at CITY Hall with a posted notice to customers indicating when the payment will be posted to their account. CONTRACTOR shall collect payment within the same business days.

VII. PERSONNEL
a) Assignment of Personnel
CONTRACTOR shall assign only competent personnel to perform services pursuant to this Contract. If CITY asks CONTRACTOR to remove a person assigned to the work called for under this Contract, CONTRACTOR agrees to do so immediately, regardless of the reason, or the lack of a reason, according to the CITY' srequest.

It is expressly understood and agreed by both parties that CONTRACTOR, while engaged in carrying out and complying with any of the terms and conditions of this Contract, is an independent CONTRACTOR and not an employee of the CITY, CONTRACTOR expressly warrants not to represent, at any time or in any manner, that CONTRACTOR is an employee of the CITY.

Authorized
The services
Representative
shall be performed
or General
by, or
Manager.
under the direct supervision, CONTRACTOR' s
b) Uniformed Collectors
All persons employed by CONTRACTOR to collect solid waste shall be required to wear clean uniforms when on duty, including coveralls or trousers, shirts, and jackets. Shirts and jackets shall bear a distinctive logo identifying the wearer as an employee of CONTRACTOR.
c) Subcontractors
CONTRACTOR shall be responsible for the performance of all persons who may be engaged in performing the services provided by the Contract, including subcontractors and their employees. CITY shall deal directly with CONTRACTOR concerning the performance of this Contract, including the work of subcontractor, CITY shall notify CONTRACTOR, who shall take appropriate action.

861
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
d) Sustainability Advisor
CONTRACTOR will employ one full- time dedicated staff position to provide onsite customer service, outreach and education, site visits, customer correspondence, and SB 1383 compliance -related services exclusively to the CITY. The Sustainability Advisor will be specifically responsible for administering and assisting other CONTRACTOR personnel with implementation and ongoing compliance of Section XIII of this Amended and Restated Contract, as well as all other general outreach otherwise described herein.

VIII. EQUIPMENT
a) Vehicles and Equipment
All vehicles and equipment used by CONTRACTOR to perform the services required under this Contract shall be wholly owned or leased by CONTRACTOR. All vehicles and equipment used in performing this Contract shall bear a clearly readable sign containing CONTRACTOR' sname and office phone number. All vehicles and equipment shall conform to the requirements of all applicable county, state, and federal laws and CITY ordinances, and all limitations in any licenses or permits under which CONTRACTOR operates. Should CITY at any time notify CONTRACTOR that any vehicle or piece of equipment is not in compliance with those standards, CONTRACTOR will remove the vehicle or equipment from service until it has been inspected and approved for service by the CITY. In no event shall such a removal of vehicles or equipment from service relieve CONTRACTOR of its obligation to perform the services required under this Contract. b) Vehicles and Equipment Maintenance
CONTRACTOR shall maintain each vehicle and piece of equipment in a clean and sanitary condition, uniformly painted. All solid waste collection vehicles and equipment used in performing this Contract shall be constructed, maintained, and operated so that liquids or solid waste will not blow, fall, shift, or leak. CONTRACTOR shall pick up any solid waste dropped or deposited in the process of collecting or transporting it to the disposal site. Each vehicle and piece of equipment shall undergo annual mechanical inspection by the San Joaquin County Local Health District, and inspection certificates shall be maintained on file at CONTRACTOR' soffice. Equipment shall be maintained to prevent unnecessary noise.
c) Vehicle and Equipment Storage
When not in use, all vehicles and equipment shall be stored indoors or in a fenced yard in compliance with all laws relating to the parking or storage of vehicles. No vehicle shall be parked with a full or partial load of solid waste more than ( 72) seventy- twohours.

IX. DISPOSAL SITE
Except for materials retained for recycling, salvage, or compost, CONTRACTOR shall transport collected solid waste to lawfully permitted solid waste facility, determined by the CONTRACTOR in the exercise of its sole discretion.

862
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
X. BREACH BY CONTRACTOR
In the event the CONTRACTOR should default in the performance of the any material provisions of this Contract, CITY shall give written notice and ( 30) thirty days opportunity to cure.

If the default is not cured with ( 30) thirty days after receipt of written notice of default from CITY, or within a different period of time mutually agreed upon by the CITY and CONTRACTOR, then CITY shall hold a duly noticed hearing to determine whether this Contract should be terminated.

CITY shall give CONTRACTOR at least fifteen ( 15) days written notice of any such hearing. In the event CITY decides to terminate this Contract, CITY shall serve ten ( 1) days, written notice of its intention to terminate upon CONTRACTOR. In the event CITY decides to terminate this Contract after notice and hearing CITY may, at its option, either directly undertake performance of the services in excess of the amount that would be payable to CONTRACTOR had it performed the services under this Contract.

In the event CITY acts under this paragraph to terminate this Contract, CITY shall pay to CONTRACTOR the amount due CONTRACTOR under the terms of this Contract for services performed as of the date of termination. CITY may, in that event, take possession of CONTRACTOR' sequipment necessary to perform the services required under this Contract and retain it until CITY purchases or otherwise acquire equipment suitable for that purpose but in no event longer than one hundred twenty ( 12) days. CITY shall compensate CONTRACTOR for the reasonable rental value of its equipment during the period CITY retains possession of it. In the event CITY acts under this paragraph to take possession of CONTRACTOR' sequipment necessary to perform the services required under this amended Contract, CITY shall indemnify and hold harmless CONTRACTOR for any loss, claims, injuries, or other damages imposed, derived
equipment.
from, or incurred during the period of time CITY' s possession of CONTRACTOR' s a) Contractor' sInability to Perform Due to Act of God
CONTRACTOR' sfailure to perform under the terms of this Contract by reason of a major disaster, epidemic, act of God, or other emergency shall not constitute a breach of the Contract for purposes of paragraph above.
b) Contractor' sInsolvency
CONTRACTOR' sfailure to perform under the terms of this Contract by reason of its insolvency or bankruptcy shall constitute a material breach of this Contract for purposes of paragraph above.
c) Contractor' sInability to Perform Due to a Labor Dispute In the event a labor dispute interrupts CONTRACTOR' sservices under this Contract for more than seventy- two (72) hours, CITY may take temporary possession and control of CONTRACTOR' sfacilities and equipment to enable CITY to continue to perform the solid waste collection and transportation services provided for in this Contract. In the event CITY acts under this paragraph to take possession of CONTRACTOR' sequipment necessary to perform the services required under this Contract, CITY shall indemnify and hold harmless CONTRACTOR for any loss, claims, injuries, or other damages imposed, derived from, or incurred during the period of time of CITY' s possession of CONTRACTOR' sequipment.

863
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
In order to protect the public health, safety, and welfare, CITY may retain possession and control of CONTRACTOR' sfacilities and equipment until CONTRACTOR demonstrates to CITY' ssatisfaction its ability to resume performing services; provided, however, that in no event shall CITY retain possession and control of CONTRACTOR' sfacilities and equipment longer than one hundred twenty ( 120) days. In the event CONTRACTOR is unable to satisfactorily demonstrate its ability to perform by the end of the one hundred twenty ( 12) day period, CITY may terminate this Contract.

During any period in which CITY has temporary possession and control of CONTRACTOR' sfacilities and equipment, CONTRACTOR shall not be entitled to compensation from CITY, except for the fair rental value of its facilities and equipment.

During any such period, CITY may employ CONTRACTOR' semployees provided that the number of employees and their rate of compensation shall not exceed that existing at the time CONTRACTOR became unable to perform because of the labor dispute.

XI. CONTRACTOR' SRECORDS AND REPORTS
CONTRACTOR shall grant CITY access to its financial records relevant to the performance of this Contract upon reasonable notice, at CONTRACTOR' soffice, during regular business hours. CONTRACTOR shall provide CITY with a copy of its annual financial statements within one hundred twenty ( 120) days after the close of the first year of term of this Contract, and within one hundred twenty ( 120) days of the close of each succeeding three ( 3) -year period during the term of this Contract. The financial statement shall be prepared by an independent certified or public accountant according to generally accepted accounting principles, consistently applied, and shall reflect only CONTRACTOR' sbusiness activities with CITY.

XII. COMPLIANCE WITH CALIFORNIA INTEGRETED WASTE MANAGEMENT ACT The CONTRACTOR agrees to continue to implement the source reduction and recycling requirements of AB 939, the California Integrated Waste Management Act of 1989 ( chapter 1095, Statutes of 1989). CONTRACTOR shall apply for and maintain a valid identification number from the Division of Recycling, Department of Conservation, if the CONTRACTOR' srecycling efforts meet the definition in Section 1409. 5of the Public Resources Code. CONTRACTOR shall also maintain records of the amounts and types of waste diverted in accordance with section 8. 16.50 of the Lathrop Code of Ordinances. Failure to do so shall constitute a breach of this Contract.

XIII. COMPLIANCE WITH STATE MANDATED SHORT- LIVED CLIMATE POLLUTANT REDUCTION ACT (SB 1383)
a) Source Separated SB 1383 Compliant Bins and/ or carts

1. Bin and/ or Cart Colors
The following source separated commodities will be made available to customer in the corresponding SB 1383 color -compliant configurations:
a. Organic waste: (containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green waste, landscape waste, organic textiles and carpets, lumber, and paper products): a metal bin/ dumpster with a blue -colored container body and a green -colored lid;

864
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
and a plastic bin and/ or cart with a green -colored lid. b. Recyclables: ( includes, but not be limited to, corrugated cardboard, newspaper, phone books, junk mail, magazines, ferrous metals, nonferrous metals, recyclable glass including redemption glass, mixed metals, nonrecyclable glass, aluminum including redemption aluminum, and PET ( No. 1) and HDPE ( No. 2) plastic.): a metal bin/ dumpster with a blue -colored body and a blue -colored lid; and a plastic bin and/ or cart with a blue -colored lid.
c. Solid Waste: (as set forth in California Public Resources Code Section 40191, trash, refuse, or other items that cannot be recycled or composted): a metal bin/ dumpster with a blue -colored container body and a gray -colored lid; and a plastic bin and/ or cart with a gray -colored lid.

2. Bin and/ or Cart Compliance
All customers will continue use of their existing containers. No replacement of bins and/ or carts or carts shall be made for existing containers using those bins and/ or carts or carts purchased by the CONTRACTOR prior to July 1, 2024, until such time as the CONTRACTOR' s
existing inventory of such bins and/ or carts or carts is exhausted. New or replacement bins and/ or carts or carts purchased after July 1, 2024 shall be SB 1383 compliant according to the colorization of bins and/ or carts and carts noted in Section 25.

G. 1. New bins and/ or carts and carts purchased by CONTRACTOR after July 1, 2024 are required to meet SB 1383 container colorization ( Gray/ Black, Blue and Green lids) and labelling requirements. New containers purchased after July 1, 2024 shall also have SB 1383 compliant graphic -based labels identifying the acceptable materials permitted within each source -separated container. All existing bins and/ or carts currently in use at the time of this amendment' seffectiveness shall be compliant with SB 1383 color and labelling requirements by no later than January 1, 2036.

3. Commercial/ Industrial Bins and/ or carts
Commercial and Industrial Customers will have options for various sizes of metal bins and/ or carts depending on space restrictions material types, and individual volume needs per commodity type.
b) Physical Space and De Minimis Waivers
CONTRACTOR shall assist CITY in connection with Commercial Customer applications for Physical Space Waivers and De Minimis Waivers applied for in compliance with the applicable provisions. CONTRACTOR shall assist CITY with the evaluation and verification of the details in the Customer waiver applications and assist with preparation of CITY' swritten determinations on Customer waiver applications. c) Tier one and Tier Two Commercial Generators
No later than January 1, 2024, CONTRACTOR shall identify all Commercial Customers that meet the definition of Tier One and Tier Two Commercial Edible Food Generators and provide a list of such Customers to the CITY, which shall include: Customer name; service address; contact information; Tier One or Tier Two classification; and, type of

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SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
business ( as it relates to the Tier One and Tier Two Commercial Edible Food Generator definitions).
d) Site Visits and Waste Assessments

1. CONTRACTOR will include an outreach and technical assistance plan in the AB 341, AB 827, AB 1826, and SB 1383 Implementation Plan identifying the site visit schedule for which to send a CONTRACTOR representative to visit each Multi -Family and Commercial Generator' s Premises for the purpose of assessing how much Source Separated Recyclable Materials and Source Separated Organic Materials are being Disposed; assessing Source Separated Recyclable Materials and Source Separated Organic Materials Collection service level needed to meet the requirements of SB 1383, and encouraging all Generators to establish Source Separated Recyclable Materials and Source Separated Organic Materials Collection service beginning July 1, 2024, when mandatory service is required by issuance of this amended and restated agreement.

CONTRACTOR shall also notify Customers of opportunities to reduce costs by enrolling in Source Separated Recyclable Materials and Source Separated Organic Materials Collection service and reducing Gray/ Black Container Waste/ Mixed Waste Collection service. CONTRACTOR shall contact Multi - Family and Commercial Customers and provide site visits according to the CITY -approved schedule, but no less than annually.

Commencing July 1, 2024, CONTRACTOR will also provide a site visit to any Multi -Family and Commercial Generator that requests a site visit, even if it is ahead of the schedule mutually determined by the CITY and Contractor in the Implementation Plan. Any internal Recycling programs or third -party Recycling programs ( where a customer either donates or sells their recyclable materials) that the CONTRACTOR encounters while conducting Customer site visits shall be documented using a CITY -approved electronic reporting form and provided in an electronic format such as a cloud -based file -sharing system that can be accessed by the CITY or its representatives. The CITY and CONTRACTOR agree to meet annually to discuss modifications and changes to the Implementation Plan to ensure its effectiveness.

2. Beginning July 1, 2024, and annually thereafter, CONTRACTOR representative shall follow- up with Multi -Family and Commercial Generators who are required to participate in Source Separated Recyclable Materials and Source Separated Organic Materials Collection service under Applicable Law, including but not limited to AB 341, AB 1826, and SB 1383. The CONTRACTOR shall ensure that these Generators are participating in the Source Separated Recyclable Materials and Source Separated Organic Materials Collection Service. If the Generator is not in compliance or not participating, the representative shall assist the Customers with selecting appropriate Containers and Container sizing, identifying acceptable Organic Waste collection services as set forth, and attempt to resolve any logistical barriers to providing Source Separated Recyclable Materials and Source Separated Organic Materials Collection service. Should any customer refuse mandatory collection service of Source Separated Recyclable Materials and/ or Source Separated Organic Materials, and not qualify an applicable waiver, CONTRACTOR will notify CITY within two ( 2) business days for CITY' s enforceable action.

3. For each on -site waste assessment conducted by CONTRACTOR, CONTRACTOR shall include documentation of the items listed below. CITY reserves the right to request

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SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
CONTRACTOR' sdocumentation of additional information and shall authorize the format for required information.
a. Pictures of material in all Containers
b. Characteristics of the property, business, and Generator type c. Written recommendations for the appropriate service Level for each material type
d. Provision of outreach and education materials appropriate to the Generator type
e)
e. Determination of signage placement
f. Determination of any on -going training needs
g. Determination of any access needs
h. Documentation of any special service needs, (such as, but not limited to, seasonal, automated on -call compactor, etc.)
i. Documentation of records of communications with the Generator Contamination Monitoring and Enforcement
CONTRACTOR shall institute a contamination minimization program which will include:

1. Route Reviews/ Container Inspections: Carts shall be randomly selected and inspected along each route on a periodic basis; and

2. Notifications to Customers: Cart tags will be issued to inform Customers of proper material separation requirements and observed contamination in compliance with Chapter

8. 16 of the Lathrop Municipal Code; and
a. Contamination monitoring is primarily done by the CONTRACTOR. For generators with a contaminated container, CONTRACTOR will issue contamination notices; multiple notices will trigger a more detailed inspection by an auditor or penalty.
b. If the CONTRACTOR first finds a contaminated container, they shall notify the generator by written notice attached to the contaminated container and shall provide a copy of the notice to the CITY.
c. If the CONTRACTOR finds a contaminated container a second time, they shall notify the generator by a written " second notice" attached to the contaminated container and shall provide a copy of this " second notice" to the CITY for possible follow up and enforcement.
d. The CONTRACTOR may refuse to empty the container if the CONTRACTOR finds a contaminated container a third time. Subject to California Code of

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SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
Regulations Title 14, Section 17331, or if determined by the CITY, the generator may face potential penalties. If the container is not emptied, the CONTRACTOR must leave a tag and send a written notice to the generator, identifying the incorrect materials and describing what action must be taken for the materials to be collected; provided, however, that the CONTRACTOR may not refuse on this basis to empty containers from multifamily or commercial properties with multiple tenants and joint account collection service.
e. Generators will receive three written " courtesy warning" notices prior to the enforcement of the first penalty violation listed below:

Residential Generator Commercial Generator
1st violation $ 50. 00 1st violation $ ioo. 00
2nd violation $ 1oo. 00 2nd violation $ 250. 00
3rd and subsequent violations $ 250. 00 3rd and subsequent violations $ 500. 00 Ord. 2 1-42' 3 1 )
f) Inspection Program
CONTRACTOR shall implement a container inspection program in compliance with the requirements of SB 1383. CONTRACTOR shall perform contamination inspections with CONTRACTOR' spersonnel on Collection vehicles, and periodic route reviews. Collection vehicle personnel may conduct contamination inspections lifting the Container lid and observing the contents. Additionally, route reviews will be conducted by a dedicated Recycling Coordinator and a dedicated Route Auditor who will perform contamination monitoring, lifting Container lids and observing Container contents for evidence of contamination.
g) Record Keeping
The driver or other CONTRACTOR representative shall record each event of identification of Prohibited Container Contaminants in a written log, the on -board computer system, or a cloud -based reporting software including date, time, Customer' s address, type of Container ( Blue, Green, or Gray or Black Container); and maintain photographic evidence, if required. CONTRACTOR shall submit this record to the CONTRACTOR' sCustomer service department, and CONTRACTOR' sCustomer service department shall update the Customer' saccount record to note the event, if the documentation of the on -board computer system did not automatically update the Customer' saccount record. h) Contamination Monitoring
CONTRACTOR will implement Physical Container Inspections to comply with the requirements of this Section. Commencing on or after July 1, 2024, the CONTRACTOR shall, at its sole expense, conduct hauler route reviews for Prohibited Container Contaminants in Containers in a manner that is deemed safe by the CONTRACTOR; is approved by the CITY; and is conducted in a manner that results in all hauler routes being reviewed annually or more frequently. The CONTRACTOR shall conduct hauler route reviews that include inspection of the contents of Blue, Green, and Gray/ Black Containers

868
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
for Prohibited Container Contaminants in a manner that a minimum of five percent ( 5%) of accounts on each and every hauler route are randomly inspected annually.

CONTRACTOR shall develop a hauler route review methodology to accomplish the above Container inspection requirements and such methodology shall comply with the requirements of 14 CCR Section 18984. 5(b).
i) Annual Compliance Reviews

1. General Compliance Reviews:

CONTRACTOR shall perform compliance reviews described in this Section commencing July 1, 2024 and at least annually thereafter, unless otherwise noted. CONTRACTOR shall keep and maintain SB 1383 customer compliance enforcement records within a cloud - based system format, and CITY will be provided access credential to access the customer enforcement action data as may be required for purposes of CalRecycle requests made pursuant to 14 CCR 18995. 2.

2. Commercial Generator Compliance Reviews:

The CONTRACTOR shall complete a compliance review of all Multi -Family and Commercial Customers that generate two ( 2) cubic yards or more per week of Solid Waste, including Organic Waste to determine their compliance with: ( i) Generator requirements under the CITY' sCollection program; and, (ii) if applicable for the Generator, Self -Hauling requirements per 14 CCR Section 18988. 3and Chapter 8. 16 of the Lathrop Municipal Code, including whether a Commercial Business is complying through Self - hauling of SSBCOW and SSGCOW. The compliance review shall mean a " desk" review of records to determine Customers' compliance with the above requirements and does not necessarily require on -site observation of service; however, the CITY may request that the CONTRACTOR perform an on -site observation of service in addition to or in lieu of the desk review if needed to obtain the required information. CONTRACTOR shall implement and maintain AB 341 and AB 1826 diversion programs such that all commercial customers required to have such programs are subscribed to the CONTRACTOR - provided program, unless the customer has been granted a waiver per the CITY Code or the customer otherwise complies via third party program, self -haul, or has hired a Licensed Industrial Hauler.

J) SB 1383 Customer Outreach Records
CONTRACTOR shall keep and maintain SB 1383 customer outreach records within a cloud -based system format, and CITY will be provided viewer access credentials to access the customer outreach data as may be required for purposes of CalRecycle requests made pursuant to 14 CCR 18988. 4.
k) SB 1383 Data Reporting

1. CONTRACTOR shall assist CITY with SB 1383 initial CalRecycle compliance reporting by providing compliance data needed for CITY generated reports to CalRecycle in accordance with 14 CCR 18994. 2.

869
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON

2. CONTRACTOR shall assist CITY with SB 1383 annual CalRecycle compliance reporting by providing compliance data needed for the CITY -generated Annual compliance report to CalRecycle in accordance with 14 CCR 18994. 2.

XIV. NON -COMPLIANT CUSTOMERS
CONTRACTOR shall document any customers that are not in compliance with the required mandatory programs per AB 341, AB 1826, and SB 1383, and forward the list of noncompliant customers to CITY upon request.

XV. DIVERSION
CONTRACTOR shall cooperate with CITY in Solid waste stream audits and shall implement measures adequate to achieve the diversion goals set forth in this Contract utilizing the CalRecycle per capita disposal and goal measurement system, expressed as pounds per person per day. The emphasis will be on program implementation, actual recycling, and other diversion programs in lieu of estimated diversion percentages. During the Term of this Contract, CONTRACTOR, at no expense to CITY, shall submit to CITY all relevant information and reports required to meet the reporting obligations imposed by CalRecycle under the Act, as amended.

CONTRACTOR agrees to submit such reports and information by email or on computer discs, in a format acceptable to CITY at no additional charge, if requested by CITY. CONTRACTOR shall maintain adequate records, and corresponding documentation, of information required by this Contract, such that the CONTRACTOR is able to produce accurate monthly, quarterly and annual reports, and is able to provide records to verify such reports. CONTRACTOR will make these records available and provide to the CITY any record or documentation necessary for the CITY to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 901, SB 1383, and other current or future federal, State, or local regulations, as amended.

Upon request by the CITY, CONTRACTOR shall provide access to CONTRACTOR' srequested records in a timely manner, not to exceed ten ( 10) Business Days from the time of CITY' srequest to CONTRACTOR, unless otherwise extended by written request.

XVI. PERFORMANCE BOND
CONTRACTOR shall post a performance bond in the principal sum of $2, 000,00. 0 to secure full and faithful performance of its duties and obligations under this Contract within thirty 30) days of the execution of this Contract.

XVII. PERMITS; COMPLIANCE WITH LAW
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.

XVIII. 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.

870
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
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' sDirector of Parks and Recreation, 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 City of Lathrop, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the CONTRACTOR at the address set forth by the CONTRACTOR' s 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.

XIX. ACCIDENT PREVENTION
Precautions 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.

XX. INSURANCE
On or before beginning any of the services or work called for by any term of this, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Contract, 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 Contract prior to execution. a) Workers' Compensation
CONTRACTOR shall, at CONTRACTOR' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' sLiability 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, 000,0). 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 Contract.

871
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
b) Commercial General and Automobile Liability Insurance CONTRACTOR, at CONTRACTOR' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Contract in an amount not less than five million dollars per occurrence ($ 5, 000,0), combined single limit coverage for risks associated with the work contemplated by this Contract. 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 Contract 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 Contract, 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:

1. 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.

2. The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.

3. 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.

4. 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.

5. Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.

6. 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 self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Contract. During the period covered by this Contract, upon express written authorization of CITY Manager,

872
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
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 Coverage
In the event that any coverage required under subsections (a), (b), or (c) of this section of the Contract is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' Searliest 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:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Contract;

2. Order CONTRACTOR to stop work under this Contract 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;

3. Terminate this Contract.

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' Sbreach.

XXI. 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' sfailure 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.

873
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
XXII. 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.

XXIII. COMPLETE CONTRACT
This Contract supersedes any and all Contracts, 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 Contract, statement, or promise not contained in this Contract shall be valid and binding.

XXIV. INTERPRETATION
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.

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.

XXV. APPLICABLE LAW
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.

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.

XXVI. MISCELLANEOUS
a) 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.
b) Controlling Law

874
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
The parties agree that this contract shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions
The definitions and terms are as defined in these specifications. d) Force Majeure
Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings
The paragraph headings are not part of this Contract and shall have no effect upon the construction or interpretation of nay part of this Contract. f) Incorporation of Documents
All documents constitution the Contract documents 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 Contract and shall be deemed to be part of this Contract. g) Integration
This Contract and any amendments hereto between the parties constitute the entire Contract between the parties concerning the Project and Work, there are no other prior oral or written Contracts between the parties that are not incorporated in this Contract. h) 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.
i) 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.
j) Severability
If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.

875
SERVICE CONTRACT — CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
k) Status of CONTRACTOR
In the exercise of rights and obligations under this Contract, CONTRACTOR act is as an independent contractor and not as an agent or employee of the CITY. CONTRACTOR shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONTRACTOR expressly waives any and all claims to such right and benefits.

I) Successors and Assigns
The provisions of this Contract 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 Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day. n) Venue
In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for Eastern District of California. o) Recovery of Costs
The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs, including reasonable attorney' sfees, incurred, or expended in connection with such action against the non -prevailing party.

XXVII. NOTICE TO PROCEED
Prior to commencing work under this Contract, CONTRACTOR shall receive a written Notice to Proceed" from the 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.

XXVIII. 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.

876

SERVICE CONTRACT - CITY OF LATHROP AND LATHROP SUNRISE SANITATION CORPORATION,

DBA ALLIED WASTE LATHROP SANITATION SERVICES DBA REPUBLIC SERVICES OF

STOCKTON
Approved as to Form:

Recommended for Approval:

Approved By:

Resolution #
Contractor:

Cityof Lathrop
City Attorney
Salvador Navarrete
City of Lathrop
Director of Parks and Recreation
Date
Todd Sebastian
CITY of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Date
Stephen J. Salvatore
City Manager
Lathrop Sunrise Sanitation Corporation
dba Republic Services
PO Box 201061
Stockton, CA 95201
Fed ID # 68- 0349203
Lathrop Business License # N/ A
Signature Date
Date
Print Name and Title

877
ITEM 5. 3

CITY MANAGER' S REPORT
MAY 13, 2024 CITY COUNCIL REGULAR MEETING
ITEM: DISCUSS AND CONSIDER AWARDING A
CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC.

FOR LATHROP ROAD RESIDENTIAL DRIVEWAY
RECONSTRUCTION CIP GG 24-7 AND APPROVING A

BUDGET AMENDMENT
RECOMMENDATION: Discuss and Consider Adopting a Resolution to Award a Construction Contract to Dirt Dynasty, Inc.
for the Lathrop Road Residential Driveway
Reconstruction, CIP GG 24-7 and Approve a Budget
Amendment
SUMMARY:

In 2017, the City constructed the Lathrop Road Widening that included including installation of driveway transitions from the new roadway improvements to existing residential driveways. The City required property owners to sign a " Right of Entry" Agreement to allow the City' scontractor to enter their property to complete this work.

The property owner of 570 Lathrop Road decided not to sign the " Right of Entry" Agreement at that time, even after multiple requests by staff; thus the contractor was unable to construct that transition.

During the August 14, 2023 City Council Meeting, the property owner of 570 Lathrop Road made a request for the City to construct their driveway transition and Council asked staff to bring the item back to Council for consideration. On September 11, 2023, City Council approved the creation of Capital Improvement Project ( CIP) GG 24-7 for Lathrop Road Residential Driveway Reconstruction ( Project) and allocated 20, 000 to the Project. The goal of the Project is to reconstruct the residential driveway at 570 Lathrop Road to the condition that was proposed in 2017 with the Lathrop Road Widening Project.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on January 4, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC)

3.0. 060. The City received and opened five ( 5) bids on January 18, 2024. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be Dirt Dynasty, Inc. (Dirt Dynasty) with a bid of $ 40,92.

Staff requests City Council discuss and consider awarding a construction contract to Dirt Dynasty for construction of the Project in the amount of $40,92 and authorize a 10% construction contingency of $ 4, 049 for a total cost not to exceed $ 44, 541. 878
CITY MANAGER' S REPORT PAGE 2
MAY 13, 2024 CITY COUNCIL REGULAR MEETING

DISCUSS AND CONSIDER AWARDING A CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR LATHROP ROAD RESIDENTIAL DRIVEWAY
RECONSTRUCTION CIP GG 24-7 AND APPROVING A BUDGET AMENDMENT Current CIP GG 24-7 has $ 20, 000 available from the initial budget allocation. Staff is also requesting Council to consider the approval of a budget amendment transferring $ 25, 000 from the General Fund Streets Reserves ( 1010) to the CIP Project Fund ( 3010) to pay for the construction cost of $ 44, 541.

BACKGROUND:

Prior to, and during construction of the Lathrop Road Widening Project ( PS 02- 24), staff coordinated with all adjacent property owners to transition the new roadway improvements to their existing driveways. Most transitions occurred on private property and required the property owner to sign a " Right of Entry" Agreement to allow the City' s contractor to enter the property to complete the work. The property owner of 570 Lathrop Road decided not to sign the " Right of Entry" Agreement at that time, even after multiple requests by staff.

In 2017, the City' s contractor proceeded with the project including the installation of the transition but was unable to construct the transition for 570 Lathrop Road absent of the " Right of Entry" Agreement.

On August 14, 2023 City Council requested that an item be brought back to discuss the reconstruction of a residential driveway at 570 Lathrop Road. Staff coordinated with the property owner on the scope of work required to construct a new driveway transition. On September 11, 2023, City Council approved the creation of CIP GG 24-7 and an initial budget of $ 20, 000.

Staff prepared the bid solicitation package with plans and specifications for the construction of the Project and advertised them on January 4, 2024 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. 060.

Five ( 5) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:

Table 1: Summary of Bid Results
Contractor Base Bid
Dirt Dynasty, Inc. 40,92
LUMA Engineering Contractors, Inc. 46, 511
MG & JC Concrete, Inc. 46, 937
Westside Landscape & Concrete, Inc. 61, 067
FBD Vanguard Construction, Inc. 66, 371
879
CITY MANAGER' S REPORT PAGE 3
MAY 13, 2024 CITY COUNCIL REGULAR MEETING

DISCUSS AND CONSIDER AWARDING A CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR LATHROP ROAD RESIDENTIAL DRIVEWAY
RECONSTRUCTION CIP GG 24-7 AND APPROVING A BUDGET AMENDMENT Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Dirt Dynasty. Staff requests City Council discuss and consider adopting a resolution awarding a construction contract to Dirt Dynasty for 40,92 with a 10% construction contingency of $4, 049 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 44, 541.

REASON FOR RECOMMENDATION:

Approving the budget amendment and awarding the construction contract will allow the City to begin construction of improvements associated with the Project.

FISCAL IMPACT:

Staff is requesting Council discuss and consider the approval of a budget amendment allocating $ 25, 000 for construction purposes utilizing General Fund Streets Reserves as follows:

Decrease Street Reserves $ 25, 000
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010 $ 25, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 24-7 $ 25, 000
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24-7 $ 25, 000
ATTACHMENTS:

A. Resolution to Award Construction Contract to Dirt Dynasty, Inc. for the Lathrop Road Residential Driveway Reconstruction, CIP GG 24-7 and Approve Budget Amendment
B. Construction Contract with Dirt Dynasty, Inc. for the Lathrop Road Residential Driveway Reconstruction, CIP GG 24-7
880
Assistant Engineer
CITY MANAGER' SREPORT PAGE 4
MAY 13, 2024 CITY COUNCIL REGULAR MEETING

DISCUSS AND CONSIDER AWARDING A CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR LATHROP ROAD RESIDENTIAL DRIVEWAY
RECONSTRUCTION CIP GG 24-7 AND APPROVING A BUDGET AMENDMENT APPROVALS:

Date
5-1-2.02"
Ken Reed Date
Senior Construction Manager
Brad ZYaylor
City Engineer
Car
Director ofl Finance
Date
516/ 207- 41
Date
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Fort
Stephen J. Salvatore Date
City Manager
S• Co . zcp2..-(
5-- S• Zozy
881
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR THE LATHROP ROAD RESIDENTIAL DRIVEWAY RECONSTRUCTION, CIP GG 24-7, AND

APPROVE BUDGET AMENDMENT
WHEREAS, prior to, and during construction of the Lathrop Road Widening Project ( PS 02- 24), staff coordinated with all adjacent property owners to transition the new roadway improvements to their existing driveway; and WHEREAS, most transitions occurred on private property and required the property owner to sign a " Right of Entry" Agreement to allow the City' scontractor to enter their property to complete the work. The property owner of 570 Lathrop Road decided not to sign the " Right of Entry" Agreement at that time, even after multiple requests by staff; and
WHEREAS, in 2017, the City' scontractor proceeded with the project including the installation of the driveway transitions but was unable to construct the transition for 570 Lathrop Road absent of the " Right of Entry" Agreement; and WHEREAS, during the August 14, 2023 City Council Meeting, the property owner of 570 Lathrop Road made a request for the City to construct their driveway transition and Council asked staff to bring the item back to Council for consideration; and
WHEREAS, on September 11, 2023, City Council approved the creation of Capital Improvement Project ( CIP) GG 24-7 for Lathrop Road Residential Driveway Reconstruction ( Project) and allocated $ 20, 000 to the Project; and WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on January 4, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. 060; and
WHEREAS, the City received and opened five ( 5) bids on January 18, 2024.

Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be Dirt Dynasty, Inc. (Dirt Dynasty) with a bid of $ 40,92; and
WHEREAS, staff requests City Council discuss and consider awarding a construction contract to Dirt Dynasty for construction of the Project in the amount of 40,92 and authorize a 10% construction contingency of $4, 049 for a total cost not to exceed $ 44, 541; and
882
WHEREAS, current CIP GG 24-7 has $ 20, 000 available from the initial budget allocation. Staff is also requesting Council to consider the approval of a budget amendment transferring $ 25, 000 from the General Fund Streets Reserves 1010) to the CIP Project Fund ( 3010) as follows:

Decrease Street Reserves $ 25, 000
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010 $ 25, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 24-7 $ 25, 000
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24-7 $ 25, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Dirt Dynasty for the Lathrop Road Residential Driveway Reconstruction, CIP GG 24-7 for a cost of $40,92; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 10% construction contingency of $ 4, 049 for a total cost not to exceed $ 44, 541 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 hereby approves a budget amendment transferring $ 25, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project ( 3310) as detailed above. 883
The foregoing resolution was passed and adopted this 13th day of May 2024, 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 884

CONSTRUCTION CONTRACT
This Contract, dated May 13, 2024, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Dirt Dynasty, Inc., (Contractor), whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:

1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.

2. General Scope of Project and Work. Construction Documents for Lathrop Road Residential Driveway Reconstruction, CIP GG 24-7 (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: sawcut and removal of existing concrete residential driveway and sidewalk, and reconstruction of new driveway, vertical curb, and sidewalk improvements at 570 Lathrop Road.

The work shall be completed within 10 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 work performed in accordance with the unit prices and provisions contained in these Construction Documents.

Base Bid Total: $40,92 (Forty —Thousand, Four Hundred and Ninety Two dollars and zero cents)

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

Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification ofinsurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Dirt Dynasty, Inc., on September 21, 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. 885

4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid 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' sPublic Works Director prior to commencement of any work.

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

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

6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance
with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure 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, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any 886
part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.

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

DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault 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' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification 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' sSubcontractor 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' sDIR registration lapses prior to or during a Subcontractor' s
performance ofWork, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
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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' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement 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' sobligation 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' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
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1)A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements ofthis 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 the Notice to Contractors.
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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' swarranty 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' sBid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 890
12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

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

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

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

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

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

To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:

Phone:

Fax:

ATTN:
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16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a
copy of any corporate or
partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
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13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, 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, shall be determined 893
in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' sSubmitted 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' sapproval 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:

By:

Stephen J. Salvatore, City Manager
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SECTION 00300

LATHROP ROAD RESIDENTIAL DRIVEWAY RECONSTRUCTION BID PROPOSAL FORMS CIP GG 24-7
LATHROP ROAD RESIDENTIAL DRIVEWAY RECONSTRUCTION, CIP GG 24-7

BID SCHEDULE
BID
ITEM

DESCRIPTION QUANTITY UNITS
UNIT
PRICE

EXTENDED
TOTAL
1 Mobilization, Bonds & Insurance 1 LS 5, 600. 0 5, 600. 0 2 Traffic Control 1 LS 11, 000. 11, 000.
3 Remove Existing Concrete Driveway +
Sidewalk 1, 221 SF 7. 50 9, 157. 50
4 Reconstruct Residential Driveway 990 SF 11. 00 10, 890. 0 5 Construct PCC Sidewalk 231 SF 11. 50 2, 656. 50
6 Construct PCC Vertical Curb and
Gutter
33 LF 36. 00 1,88. 00
TOTAL BASE BID: $40,92. 00
TOTAL BASE BID IN WORDS: Forty Thousand Four Hundred Ninety -Two and Zero Cents 00300- 2
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