2024-12-09_item_4.11_ratify_contract_with_mcc_controls_llc._dba_primex_to_provide_equipment_upgrades_for_oits_for_various_stations_cip_gg_24-33

ITEM 4.11

CITY MANAGER'S REPORT
DECEMBER 09, 2024 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY THE SERVICE CONTRACT WITH MCC

CONTROLS LLC, DBA PRIMEX TO PROVIDE THE

EQUIPMENT UPGRADES OF THE OPERATOR

INTERFACE TERMINALS (OIT'S) FOR VARIOUS
STATIONS RELATED TO CIP GG 24-33
RECOMMENDATION: Adopt a Resolution to Ratify the Service Contract with MCC Controls LLC, dba Primex to
Provide Equipment Upgrades of the Operator
Interface Terminals (OIT's) for Various
Stations Related to CIP GG 24-33
SUMMARY:

The City of Lathrop's Supervisory Control and Data Acquisition (SCADA) System monitors and controls the City's common infrastructure in the following utility groups:

Water system, Storm Water system, Wastewater system, and Recycled Water system equipment. The variety of historical and new stations of various types ensure the entire City has access to clean water and wastewater management while preventing the City from flooding. The SCADA equipment requires replacement or upgrading on a routine basis to ensure proper functionality.

The existing equipment located at six (6) water utility stations are reaching end of Life (EoL) and require replacement to function properly. This proactive measure is essential to mitigate the risk of flooding in the area. This comprehensive approach not only enhances operational efficiency, reduces costs, but also ensures the safety and security of the area.

MCC Controls LLC dba Primex (Primex) has the equipment, configuration, integration and programming services that are proprietary to Primex and necessary for the stations to function properly. Primex has been an integral partner in integrating the SCADA systems around the City for over a decade. The collaboration with Primex has evolved into a professional service category, characterized by their skilled knowledge, and certified products that offer exclusive solutions tailored to the City's SCADA systems and security-compliant needs. This collaboration has been instrumental in establishing a consistent approach to technology and software development, ensuring a high level of expertise and reliability in these areas.

The City Manager signed the Service Contract on October 28, 2024 to ensure these water utilities stations maintain properly functioning as the EoL equipment causes larger issues within the SCADA systems.

Tonight, staff is requesting City Council ratify the Service Contract with Primex to provide the equipment upgrades of the operator interface terminals (OIT's) for various stations related to CIP GG 24-33 in the amount of $12,921.

CITY MANAGER'S REPORT PAGE 2
DECEMBER 09, 2024, CITY COUNCIL REGULAR MEETING

RATIFY THE SERVICE CONTRACT WITH MCC CONTROLS LLC, DBA PRIMEX TO

PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33 BACKGROUND:

The City has a wide variety of historical and new water stations of various types to ensure the entire City has access to clean water and wastewater management while preventing the City from flooding. The City of Lathrop' s Water system, Storm Water system, Wastewater system, and Recycled Water system are monitored and controlled by the City's SCADA system. This system is composed of both hardware and software components that monitor and control the City's water systems. The various water stations that utilize this equipment recycle water, manage rainwater flooding and move various types of water throughout the City. SCADA equipment provides real-time data, the ability to control these stations remotely and has played an integral part in the expansion of residential areas in Lathrop and the prevention of flooding throughout the City.

Therefore, pursuant to LMC 2.36.110(a) Primex is the sole source for services and hardware related to the SCADA system.

The existing equipment located at the locations listed on Table 1 below, require equipment be replaced
public health safety was not at risk.

Woodfield Storm Water Pump Station Woodfield SWPS
Lathrop Water Treatment Facility LAWTF
Louise Avenue Storm Drain Lift Station Louise Ave. SDLS Easy Court Waste Water Lift Station Easy Ct. WWLS
Easy Court Storm Drain Lift Station Easy Ct. SDLS
Horizon Park Storm Drain Lift Station Horizon Park SDLS CITY MANAGER'S REPORT PAGE 3
DECEMBER 09, 2024, CITY COUNCIL REGULAR MEETING

RATIFY THE SERVICE CONTRACT WITH MCC CONTROLS LLC, DBA PRIMEX TO

PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33 Tonight, staff is requesting City Council ratify the Service Contract with Primex to provide the equipment upgrades of the operator interface terminals (OIT's) for various stations related to CIP GG 24-33 in the amount of $12,921.

REASON FOR RECOMMENDATION:

To replace critical equipment that assists with controlling the water systems throughout the City and prevent flooding from occurring allowing for the preservation of public services and public health safety.

FISCAL IMPACT:

The budget for CIP GG 24-33 is sufficient for this expense and no amendment is requested.

ATTACHMENT:

Resolution of the City Council of the City of Lathrop to Ratify the Service Contract with MCC Controls LLC, dba Primex to Provide the Equipment Upgrades of the Operator Interface Terminals (OIT's) for Various Stations Related to CIP GG 24-33.

B. Service Contract with MCC Controls LLC, dba Primex to Provide the Equipment Upgrades of the Operator Interface Terminals (OIT's) for Various Stations Related to CIP GG 24-33.

CITY MANAGER'S REPORT PAGE 4
DECEMBER 09, 2024, CITY COUNCIL REGULAR MEETING

RATIFY THE SERVICE CONTRACT WITH MCC CONTROLS LLC, DBA PRIMEX TO APPROVALS:
11-15:2024
ony Fernandes Date
Director Information Systems
Cartons 11/18/2024
Cari James Date
Director of Finance
11•18-2024
Michael King Date
Assistant City Manger
11-15-2024
Salvador Navarrete Date
City Attorney

11.24-24
Stephen J. Salvatore Date
City Manager
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of with MCC Controls LLC,
operator interface terminals (OIT's) for various stations related to CIP GG 24-33; BE IF FURTHER RESOLVED RESOLVED, the City Council of the City of Lathrop does hereby authorize the City Manager to approve additional service contracts related to CIP GG 24-33 with MCC Controls LLC, dba Primex up to the amount budgeted in the CIP GG 24-33 to maintain a functional SCADA system for the City's vital water stations.

RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY

THE SERVICE CONTRACT WITH MCC CONTROLS LLC, DBA PRIMEX TO

PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33 WHEREAS, the SCADA system is composed of both hardware and software components that monitor and control the wells, booster stations, lift stations and pump stations for the City's storm drainage, water, wastewater and recycled water systems; and
WHEREAS, the SCADA system allow staff to remotely monitor processes and production of the City's infrastructure by providing real-time data visualization and alarms of City infrastructure; and
WHEREAS, Primex designed, configured, installed the proprietary equipment, and is familiar with the City's SCADA system components and has provided configuration, integration, equipment and programming technical services and support for the past 18 years; and
WHEREAS, Primex offers a professional services, characterized by skilled knowledge of the City's SCADA system and customized products that offer exclusive solutions tailored to the City's SCADA Systems and security-compliant needs; and WHEREAS, the exclusive collaboration with Primex reinforces the security of the City's systems while maintaining a consistent and efficient approach to the maintenance of the City's critical assets; and
WHEREAS, pursuant to LMC 2.36.110(a) Primex is the sole source for services and hardware related to the SCADA system; and
WHEREAS, the existing equipment located at six (6) water utility stations related to CIP GG 24-33 are reaching end of Life (EoL) and require replacement to function properly: and
WHEREAS, the City Manager signed the service contract in the amount of $12,921 on October 28°, 2024 to ensure these water utilities stations maintain properly functioning as the EoL equipment causes larger issues within the SCADA systems.

The foregoing resolution was passed and adopted this gth day of December 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney city of Kathrop Attachment A
Office of the City Manager 390 Towne Centre Dr. - Lathrop, CA 95330 Phone (209) 941-7220 - fax (209) 941-7248
www.ci.lathrop.ca.us

NOTICE TO PROCEED
October 28, 2024
MCC Controls LLC dba Primex
Michael Anderson
859 Cotting Ct. Ste. G
Vacaville, CA 95688
Dear Mr. Anderson:

Enclosed please find your original executed contract to provide the equipment upgrades of the operator interface terminals (OIT's) for various stations related to CIP GG 24-33. This is your Notice to Proceed to the attached contract.

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

Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA

SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND

MCC CONTROLS LLC DBA PRIMEX

TO PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR

INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33
2024, by an ERVien ConTre or Lario, a Conical or made one late of California (hereinafter "City" and MCC Controls LLC dba Primex (hereinafter "Contractor"), whose Taxpayer Identification Number is 81-1611115.

For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:

SCOPE OF WORK
Contractor agrees to provide the replacement the of OIT and PLC at the J street storm drain lift station with the City's standard in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit "A" and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City's satisfaction.

CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done not to exceed $12,920.16 set forth in Exhibit "A", Exhibit "B", Exhibit "C", ', Exhibit "D", Exhibit "E" and Exhibit "F" for the equipment upgrades of the operator interface terminals (OIT's) for various stations related to CIP GG 24-33.

TIME FOR PERFORMANCE
The effective date of this Agreement is October 28, 2024, and shall terminate no later than June 30, 2025. Provided, that the CITY has the option to extend this agreement under the same terms and conditions for one additional (12) month period, commencing on July 1, 2025 and terminating on June 30, 2026, with no change to Contract price of $12,920.16. Any additional extensions of this contract beyond June 30, 2026 shall be based upon the agreement of the parties at that time.

PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.

Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA

SERVICE CONTRACT

MCC CONTROLS LLC DBA PRIMEX TO PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33

INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.

Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor's expense.

NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
(a) If the notice is given to the City, by personal delivery thereof to the City's Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City's Director of Public Works, postage prepaid and certified;
(b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor's Bid postage prepaid and certified; or
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and

ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.

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Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA

SERVICE CONTRACT

MCC CONTROLS LLC DBA PRIMEX TO PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33

CONTRACTOR'S WARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.

APPRENTICES
The Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code.
(b) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
(c) Knowing violations of Section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100) for each calendar day of non-compliance pursuant to Section 1777.7.

HOURS OF WORK
Eight (8) hours of work in any calendar day shall constitute a legal day's work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.

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Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA

SERVICE CONTRACT

MCC CONTROLS LLC DBA PRIMEX TO PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33

PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
(a) A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
(b) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771.7 to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (c) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph (b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made. The Cuntr Shall not be given access to such records at the principal ofice of the The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) calendar days after receipt of a written request.

Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.

The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) calendar days, provide a notice of a change of location and address.

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Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA

SERVICE CONTRACT

MCC CONTROLS LLC DBA PRIMEX TO PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33 In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten (10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.

PREVAILING WAGES
(a) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Contract involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
http://www.dir.ca.gov/dlsr/PWD/index.htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, (b) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the

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Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA

SERVICE CONTRACT

MCC CONTROLS LLC DBA PRIMEX TO PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33 stipulated prevailing wage rate shall be paid to each worker by the Contractor.

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

CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
(a) Workers' Compensation. CONTRACTOR shall, at
CONTRACTOR'S sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than one million dollars ($1,000,000). In the alternative, CONTRACTOR may rely on a self-insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement. (b) Commercial General and Automobile Liability Insurance.

CONTRACTOR, at CONTRACTOR'S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence ($1,000,000), combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

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Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA

SERVICE CONTRACT

MCC CONTROLS LLC DBA PRIMEX TO PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33 Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) and Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (any auto).

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

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 Agreement.

During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self-insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations,

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Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA

SERVICE CONTRACT

MCC CONTROLS LLC DBA PRIMEX TO PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33 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 Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR'S earliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
(e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
(i) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the
requirements hereof;
(iii) Terminate this Agreement.

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

INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor's noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor's failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on 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.

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Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA

SERVICE CONTRACT

MCC CONTROLS LLC DBA PRIMEX TO PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33 This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.

COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.

INTERPRETATION
(a) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. (b) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.

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SERVICE CONTRACT

APPLICABLE LAW
he parties hereto understand and agree that the terms of this Contrac nd its Exhibits, have been negotiated and executed within the State ( Caite or cand hal be governed by and construed under the laws of the (b) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.

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

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Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA

SERVICE CONTRACT

MCC CONTROLS LLC DBA PRIMEX TO PROVIDE THE EQUIPMENT UPGRADES OF THE OPERATOR INTERFACE TERMINALS (OIT'S) FOR VARIOUS STATIONS RELATED TO CIP GG 24-33 Approved as to Form: City of Lathrop
City Attorney
10-23.2024
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
- DocuSigned by:
tony Fernandes 10/23/2024
Tony Fernandes Date
Director of Information Systems
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
10•28-24
Stephen J. Salvatore Date
City Manager
Contractor: MCC Controls LLC dba Primex
859 Cotting Ct. Ste. G
Vacaville, CA 95688
Fed ID# 81-1611115
Business License # 40633
-Signed by:

Michael Anderson 10/23/2024
Signature... Date
Michael Anderson Software Eng
Print Name and Title

Page 11 of 11 ends

Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA Exhibit A Ill PRIMEX
MCC Controls LLC DBA PRIMEX Phone 707.449.0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor's License: 1016640
DIR Registration No.: 1000043535
Date: 10/14/2024
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote # 241014MA03
Project: Easy Court WWLS OIT
Task: Replace OIT
Terms: LUMP SUM
This proposal details all materials and services we intend to provide for the above referenced project.

Be sure to reference General Notes following the scope listing.

This proposal expires 45 days after the date noted above.

Scope of Work
Item # Qty. Description Line Item Price
1 Lot Maple OIT $ 2,093.55
Replace OIT
Download and test OIT programming
Subtotal 2,093.55
Tax 59.81
The total price for the scope of work above is: $ 2,153.36

1. Prices quoted above include sales tax and travel to the jobsite.

2. Terms and Conditions of sale: Upon PRIMEX approval of customer credit, PRIMEX will extend 30-day payment terms on invoices for deliverables provided per this scope of work. Deliverables are FOB - PRIMEX Vacaville, CA, with freight allowed (unless specifically noted otherwise in this proposal). Customer may accept this proposal by signature here-on, or by separate purchase order made out to MCC Controls LLC DBA PRIMEX.

Please call or email with any questions.

Sincerely.

Michael Anderson
www.primexcontrols.com 1 of 1
Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA Exhibit B
Ill PRIMEX.

Be sure to reference General Notes following the scope listing.

This proposal expires 45 days after the date noted above.

1. Prices quoted above include sales tax and travel to the jobsite

Please call or email with any questions.

Sincerely,
Michael Anderson
www.primexcontrols.com 1 of 1
Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA Exhibit C Il PRIMEX.

Be sure to reference General Notes following the scope listing.

This proposal expires 45 days after the date noted above.

Scope of Work
Item # Qty. Description Line Item Price
1 Lot Maple OIT $ 2,093.55
Replace OIT
Download and test OIT programming
Subtotal $ 2,093.55
Tax $ 59.81
The total price for the scope of work above is: $ 2,153.36 General Notes:
. Terms and Conditions of sale: Upon PRIMEX approval of customer credit, PRIMEX will extend 30-day payment terms on invoices for deliverables provided per this scope c work. Deliverables are FOB - PRIMEX Vacaville, CA, with freight allowed (unless specifically noted otherwise in this proposal). Customer may accept this proposal by signature here-on, or by separate purchase order made out to MCC Controls LLC DBA PRIMEX.

Please call or email with any questions.

Sincerely,
Michael Anderson
www.primexcontrols.com 1 of 1
Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA Exhibit D Ill PRIMEX.

MCC Controls LLC DBA PRIMEX Phone 707.449.0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor's License: 1016640
DIR Registration No.: 1000043535
Date: 10/14/2024
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote # 241014MA06
Project: LAWTF Filter Press Control Panel (FPCP) OIT
Task: Replace OIT
Terms: LUMP SUM
This proposal details all materials and services we intend to provide for the above referenced project. e sure to reference General Notes following the scope listing This proposal expires 45 days after the date noted above Scope of Work
Item # Qty. Description Line Item Price
1 Lot Maple OIT 2,093.55
Replace OIT
Download and test OIT programming
Subtotal 2,093.55
Tax $ 59.81
The total price for the scope of work above is: $ 2,153.36 General Notes:

1. Prices quoted above include sales tax and travel to the jobsite . Terms and Conditions of sale: Upon PRIMEX approval of customer credit, PRIMEX will extend 30-day payment terms on invoices for deliverables provided per this scope c work. Deliverables are FOB - PRIMEX Vacaville, CA, with freight allowed (unless specifically noted otherwise in this proposal). Customer may accept this proposal by signature here-on, or by separate purchase order made out to MCC Controls LLC DBA PRIMEX.

Please call or email with any questions.

Sincerely,
Michael Anderson
www.primexcontrols.com 1 of 1
Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA Exhibit E Ill PRIMEX.

Be sure to reference General Notes following the scope listing.

This proposal expires 45 days after the date noted above.

Scope of Work
Item # Qty. Description Line Item Price
1 Lot Maple OIT 2,093.55
Replace OIT
Download and test OIT programming
Subtotal $ 2,093.55
Tax $ 59.81
The total price for the scope of work above is: $ 2,153.36 General Notes:
. Terms and Conditions of sale: Upon PRIMEX approval of customer credit, PRIME will extend 30-day payment terms on invoices for deliverables provided per this scope of signature were on, are y separate purx se viler mate our to Mic a coed us L DEAFRIM ted otherwise in this proposal. Customer may accept this proposal by Please call or email with any questions.

Sincerely,
Michael Anderson
www.primexcontrols.com 1 of 1
Docusign Envelope ID: 5BF6D97B-D641-43AF-9C6C-C69C9AD8E1AA Exhibit F Ill PRIMEX.

Be sure to reference General Notes following the scope listing.

This proposal expires 45 days after the date noted above.

Scope of Work
Item # Qty. Description Line Item Price
1 Lot Maple OIT 2,093.55
Replace OIT
Download and test OIT programming
Subtotal $ 2,093.55
Tax 59.81
The total price for the scope of work above is: $ 2,153.36 General Notes:

1. Prices quoted above include sales tax and travel to the jobsite.

2. Terms and Conditions of sale: Upon PRIMEX approval of customer credit, PRIME will extend 30-day payment terms on invoices for deliverables provided per this scope of work. Deliverables are FOB - PRIMEX Vacaville, CA, with freight allowed (unless specifically noted otherwise in this proposal). Customer may accept this proposal by signature here-on, or by separate purchase order made out to MCC Controls LLC DBA PRIMEX.

Please call or email with any questions.

Sincerely,
Michael Anderson
www.primexcontrols.com 1 of 1

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Lathrop City CouncilDecember 9, 2024

Lathrop City Council
December 9, 2024