ITEM 4. 10
CITY MANAGER' SREPORT
MARCH 9, 2026 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PW 26- 30 WATER METER
GATEWAY AND TOWER, APPROVE THE
PROFESSIONAL SERVICES AGREEMENT WITH
ALPHA OMEGA WIRELESS, INC TO INSTALL AN
SOFT TOWER, AND APPROVE RELATED BUDGET
AMENDMENT
RECOMMENDATION: Adopt a Resolution to Create CIP PW 26- 30 Water Meter Gateway and Tower, Approve the
Professional Services Agreement with Alpha
Wireless, Inc. to Install an 80ft Tower, and
Approve Related Budget Amendment
SUMMARY:
The Utilities Department automatically receives data remotely from water meter gateways located throughout the City, which collect information from water meters at properties where water service is provided. The western portion of the River Islands district has experienced significant growth, resulting in some water meters falling outside the coverage range of existing gateways. Consequently, staff must manually travel to the area to retrieve meter readings, increasing both time commitments and operational costs.
Installation of an 80 -foot tower will enable the automatic transmission of water meter data, improve operational efficiency and reduce ongoing labor costs. Additionally, the tower could support future communications infrastructure to accommodate other functions within the area.
Pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110( A) this contract is exempt from formal bidding procedures as a professional service. Staff reached out to four ( 4) vendors capable of installing an 80ft tower, and Alpha Omega Wireless, Inc. presented the lowest proposal cost.
Staff is requesting that the City Council approve the creation of Capital Improvement Project ( CIP) PW 26- 30 Water Meter Gateway and Tower and authorize the City Manager to execute the Professional Services Agreement with Alpha Omega Wireless, Inc. for a sum of $ 85, 413 to install an 80ft tower. Staff is requesting to allocate an additional 10% contingency of $ 8, 541 for a project total of $ 93,54. Approval is requested for a budget amendment in order to allocate funds from the Water System Operating Fund 5620 to the new CIP PW 26- 30 Water Meter Gateway and Tower.
CITY MANAGER' S REPORT PAGE 2
MARCH 9, 2026 CITY COUNCIL REGULAR MEETING
CREATE CIP PW 26- 30 WATER METER GATEWAY AND TOWER, APPROVE THE
PROFESSIONAL SERVICES AGREEMENT WITH ALPHA OMEGA
WIRELESS, INC TO INSTALL AN SOFT TOWER, AND APPROVE RELATED
BUDGET AMENDMENT
BACKGROUND:
The Utilities Department relies on water meter gateways mounted on towers throughout the City to automatically collect and transmit water consumption data to City Hall for utility billing. These gateways communicate with nearby water meters and allow staff to efficiently retrieve meter readings remotely.
The River Islands district has experienced significant growth, particularly in the southern and western areas. As development has expanded, several water meters are now located beyond the coverage range of existing gateways. Consequently, staff must regularly travel to these areas to manually collect meter readings required for utility billing. This manual process is time- consuming, increases operational costs, and reduces overall efficiency.
Installation of an 80 -foot communications tower in the affected area would restore automated data transmission capabilities for these water meters. This improvement would enhance operational efficiency, reduce ongoing labor expenses, and improve billing and timeliness. Additionally, the proposed tower could support future communications infrastructure to accommodate other municipal functions within the area, maximizing the long- term value of the investment.
Pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110( A) this contract is exempt from formal bidding procedures as a professional service. Staff reached out to four ( 4) vendors capable of installing an 80ft tower, and Alpha Omega Wireless, Inc. presented the lowest proposal.
Staff is requesting that the City Council approve the creation of Capital Improvement Project ( CIP) PW 26- 30 RI Water Meter Gateway and authorize the City Manager to execute the Professional Services Agreement with Alpha Omega Wireless, Inc. for a sum of $85, 413 to install an 80ft tower. Staff is requesting to allocate an additional 100/ 0 contingency of $ 8, 541 for a project total of $ 93,54. Approval is requested for a budget amendment in order to allocate funds from the Water System Operating Fund 5620 to the new CIP PW 26- 30 Water Meter Gateway and Tower.
REASON FOR RECOMMENDATION:
To eliminate the ongoing costs associated with manually retrieving water meter data by restoring automated transmission for utility billing purposes, while also providing infrastructure to support future communications needs within the River Islands area.
CITY MANAGER' S REPORT PAGE 3
MARCH 9, 2026 CITY COUNCIL REGULAR MEETING
CREATE CIP PW 26- 30 WATER METER GATEWAY AND TOWER, APPROVE THE
PROFESSIONAL SERVICES AGREEMENT WITH ALPHA OMEGA
WIRELESS, INC TO INSTALL AN 80FT TOWER, AND APPROVE RELATED
BUDGET AMENDMENT
FISCAL IMPACT:
A budget amendment of $ 93,54 is requested from the Water System Capital Operating Fund 5620 to the new CIP PW 26- 30 RI Water Meter Gateway to fund the expense as detailed below.
Increase Transfer Out
5620- 9900-90- 9010 Water System Operating Fund $ 93,54 Increase Transfer In
5690- 990- 393- 0000 PW 26- 30 Water Meter Gateway and Tower $ 93,54 Increase Appropriation
5690- 8000- 420- 72- 00 PW 26- 30 Water Meter Gateway and Tower $ 93,54 ATTACHMENTS:
A. Resolution to Create CIP PW 26- 30 Water Meter Gateway and Tower, Approve the Professional Services Agreement with Alpha Omega Wireless, Inc. to Install an 80ft Tower, and Approve Related Budget Amendment
B. Professional Services Agreement with Alpha Omega Wireless, Inc. to Install 80ft Tower
CITY MANAGER' S REPORT PAGE 4
MARCH 9, 2026 CITY COUNCIL REGULAR MEETING
CREATE CIP PW 26- 30 WATER METER GATEWAY AND TOWER, APPROVE THE
PROFESSIONAL SERVICES AGREEMENT WITH ALPHA OMEGA
WIRELESS, INC TO INSTALL AN 80FT TOWER, AND APPROVE RELATED
BUDGET AMENDMENT
APPRO S:
ernandes Date
nformation Systems Director
fc/ C.)
Cari James Date
Finance Director
3 /Me z co
3/ V/ 20 Z,
Thomas Hedegard Date
Deputy City Manager
3`y.. 2. pz
Salvador Navarrete Date
City Attorney
3•. 5"• zco
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP PW 26- 30 WATER METER GATEWAY AND TOWER, APPROVE THE
PROFESSIONAL SERVICES AGREEMENT WITH ALPHA OMEGA WIRELESS, INC
TO INSTALL AN SOFT TOWER, AND APPROVE RELATED BUDGET AMENDMENT WHEREAS, the Utilities Department automatically receives data remotely from water meter gateways throughout the City; and
WHEREAS, the western portion of the River Islands district has experienced significant growth, resulting in water meters that are not within range of existing gateways; and
WHEREAS, installation of an 80ft tower will allow for the automatic transmission of water meter data, improving efficiency and reducing ongoing labor expenses; and
WHEREAS, pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110( A) this contract is exempt from formal bidding procedures as a professional service; and WHEREAS, staff reached out to four (4) vendors capable of installing an 80ft tower, and Alpha Omega Wireless, Inc. presented the lowest cost proposal.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby create CIP PW 26- 30 Water Meter Gateway and Tower; and LET IT BE FURTHER RESOLVED, the City Council of the City of Lathrop does hereby authorize the City Manager to execute the Professional Services Agreement with Alpha Omega Wireless for a sum not to exceed $ 85, 413 with a 10% contingency, and approve of the budget amendment to allocate funding to the CIP PW 26- 30 as detailed below.
Increase Transfer Out
5620- 9900-90- 9010 Water System Operating Fund $ 93,54 Increase Transfer In
5690- 990- 393- 0000 PW 26- 30 Water Meter Gateway and Tower $ 93,54 Increase Appropriation
5690- 8000- 420- 72- 00 PW 26- 30 Water Meter Gateway and Tower $ 93,54 The foregoing resolution was passed and adopted this 9th day of March, 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 Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315 Attachment B
CITY OF LATHROP PROFESSIONAL SERVICES AGREEMENT WITH
ALPHA OMEGA WIRELESS, INC TO INSTALL 80FT TOWER RELATED TO CIP PW 26- 30
THIS PROFESSIONAL SERVICES AGREEMENT, dated for convenience this 9 day of March, 2026 is by and between Alpha Omega Wireless, Inc.
CONSULTANT") and the CITY OF LATHROP, a California municipal corporation CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform the installation of an eighty ( 80) foot tower, which are required by this agreement; and
WHEREAS, pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110( A) this contract is exempt from formal bidding procedures; and
WHEREAS, the CONSULTANT was selected because they provided the lowest of three proposals to install the 80ft tower; and WHEREAS, CONSULTANT is willing to render such installation services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service.
CONSULTANT agrees to provide the equipment and services to install an eighty 80) foot tower, in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. 2) Compensation.
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 85, 412. 55to provide the equipment and services as set forth in Exhibit " A".
CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work.
3) Effective Date and Term.
The effective date of this Agreement is March 9, 2026, and shall terminate no later
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315
CITY OF LATHROP - ALPHA OMEGA WIRELESS, INC
INSTALL 80FT TOWER
than September 30, 2026.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to CITY' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billings
CONSULTANT' Sbills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assignment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the CITY to process a reason or explanation for its request.
The services shall be performed by, or under the direct supervision, of CONSULTANT' sAuthorized Representative: Joe Wargo, President, CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
8) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315
CITY OF LATHROP - ALPHA OMEGA WIRELESS, INC
INSTALL 80FT TOWER
may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers'
sole cost
Compensation.
and expense, maintain
CONSULTANT
Statutory
shall,
Workers'
at CONSULTANT' S
Compensation
Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.
CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If 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
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315
CITY OF LATHROP - ALPHA OMEGA WIRELESS, INC
INSTALL 80FT TOWER
automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s
general supervision of
CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($ 1, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed 150, 00 per claim.
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315
CITY OF LATHROP - ALPHA OMEGA WIRELESS, INC
INSTALL 80FT TOWER
ii) Notice of cancellation, material change, or non -renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of
insurance must be provided for at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this
Agreement, CONSULTANT must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work. The CITY
shall have the right
cost, any extended
to
reporting
exercise
provisions
at the CONSULTANT' S
of the policy
should the CONSULTANT cancel or not renew the
coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of
any work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self -insured retention levels upon a
requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315
CITY OF LATHROP - ALPHA OMEGA WIRELESS, INC
INSTALL 80FT TOWER
e) 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, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' S Responsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to
CONSULTANT' S
profession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors,
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315
CITY OF LATHROP - ALPHA OMEGA WIRELESS, INC
INSTALL 80FT TOWER
or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' Sdelivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. 15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315
CITY OF LATHROP - ALPHA OMEGA WIRELESS, INC
INSTALL 80FT TOWER
served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) Days by delivery of a hard copy of the material sent by facsimile transmission.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:
Copy to:
To Consultant:
City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Information Systems Department
390 Towne Centre Drive
Lathrop, CA 95330
Phone: (209) 941- 7430
Fax: (209) 941- 7449
Alpha Omega Wireless, Inc.
5710 Auburn Blvd. Suite 2
Sacramento, CA 95841
Phone: 800- 997-250
16) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State 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 Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315
CITY OF LATHROP - ALPHA OMEGA WIRELESS, INC
INSTALL 80FT TOWER
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.
All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
g)
I)
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
I)
m)
Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
Time. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315
CITY OF LATHROP - ALPHA OMEGA WIRELESS, INC
INSTALL 80FT TOWER
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. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may
fees,
recover
incurred
its
or
reasonable
expended in
costs,
connection
including
with
reasonable
such action
attorney' s
against
the non -prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. CITY shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
18) 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.
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315
CITY OF LATHROP - ALPHA OMEGA WIRELESS, INC
INSTALL 80FT TOWER
Approved as to Form:
Recommended for Approval:
Accepted By:
Resolution:
CONSULTANT:
City of Lathrop
Salvador Navarrete Date
City Attorney
City of Lathrop
DocuSigned by:
2/7/026
n,m oowir9...
Tony `lernandes Date
Chief Information Officer
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Alpha Omega Wireless, Inc.
5710 Auburn Blvd. Suite 2
Sacramento, CA 95841
Fed ID #
Business License #
CA State License# 984515
1—DocuSigned by:
jet, Wary
h t/b4bU. Joe `largo, Owner Date
2/5/026
DocuSlgnn e// d
by:
944. 41,
An407 301QaAD
2/7/026
Gina Warg, CFO Date
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315 Exhibit " A"
Agreement for
City of Lathrop
CILATHROP2025C - 80ft Self Supporting Tower
1/ 7/ 2026
Presented by:
ALPHA OMEGA
WIRELESS
Alpha Omega Wireless, Inc.
5710 Auburn Blvd, Suite 2
Sacramento, CA 95841
800- 997-250 main
www. aoireless. com
CA
info@aowireless. com
State License # 984515
This document contains strict, proprietary, and confidential information that has been developed and/ or obtained by Alpha Omega WirelessTm. The enclosed information in this document is an asset of Alpha Omega WirelessTM which provides a significant competitive advantage, and requires protection from improper discloser. No part of this document in any manner, either directly or indirectly, shall be disclosed, divulged, duplicated, or used, in whole or in part for any purpose outside of the Client mentioned with in this document, its employees, agents, and representatives other than for client evaluation.
C0NFIDENTIAL***
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315 Product & Services Agreement
City of Lathrop
Attention: Tony Fernandez
ALPHA OMEGA
vV I F., f !_ F' E,
Date Alpha Omega Wireless, Inc.
1/ 7/ 2026 5710 Auburn Blvd, Suite 2
Sacramento, CA 95841
Valid To 800- 997-250
4/ 7/ 2026
Quote Number
CILATHROP2025C - 80ft Self
Supporting Tower
Alpha Omega Wireless is providing the following prices for product and/ or services listed below as a budgetary statement. For a complete Statement of Work and complete build of materials list, a site survey must be performed.
Tasks Time Rate Amount
Costs Quantity Rate Amount
Tower - Sabre 1800 80ft
Tower - Foundation Design
Tower - Engineering
Tower - PE Stamped Tower Drawings
Tower - Freight Anchor Steel
Tower - Freight
Tower - Excavation & Foundation
Concrete Foundation Work ( includes rebar)
Tower / Monopole - Foundation Drilling
Sabre - Tower - 10' anti -climb bolt on kit - 1800 SRWD 1' A" leg Tower - Safety Cable Climb Kit
Civil - Asphalt Removal and Replacement
Grounding - Lightning Rod Kit - Air Terminal
Grounding - Tower Kit - Ground Ring System
List - $ 3, 750 (TIPS - 15%)
1. 00 10, 720. 0 10, 720. 0
1. 00 780. 00 780. 00
1. 00 780. 00 780. 00
1. 00 1, 725. 00 1, 725. 00
1. 00 750. 00 750. 00
1. 00 3, 239. 60 3, 239. 60
1. 00 16, 975. 00 16, 975. 00
1. 00 5, 200. 0 5, 200. 0
1. 00 9, 760. 0 9, 760. 0
1. 00 1, 490. 14 1, 490. 14
1. 00 1, 465. 6 1, 465. 6
1. 00 5, 250. 0 5, 250. 0
1. 00 64. 48 64. 48
1. 00 3, 187. 50 3, 187. 50
Installation of Tower Cabinet - 2 Conduits to Bldg 1. 00 1, 976. 00 1, 976. 00 Crane - Day Rate 1. 00 3, 588. 00 3, 588. 00
Tower Installation - Tower Crew 1. 00 13, 750. 0 13, 750. 0 Tower Installation Crew ( Certified Climbers / Erectors & Foreman) Project Management 1. 00 2,50. 0 2,50. 0
Sales tax (8. 75%) LOO 2, 46L18 2, 461. 18
Based on subtotal of $ 28, 127. 7
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315 Subtotal 85, 412. 55
Total 85, 412. 55
Options Quantity Rate Amount
CONFIDENTIAL***
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315 Annual Maintenance and Support
Alpha Omega Wireless offers to its clients an annual maintenance and support program at various levels to suit our clients' needs. This service is in addition to any Extended Warranty plans by the manufacture for equipment failure. This service includes on call support and annual recertification of each link.
Annual Support and Preventative Maintenance Plans
ALPHA OMEGA
WIFRELESS
8 Hours of on -cal annual support
16 Hours of on -call annual support
lkthWted Hours of on - call annual support
Technical Phone Support- BAM to 5PM / Monday - Friday
Technical Phone Suppoit- 7AM to 7PM ( 7 days a week)
Respond .... Shin 1 hour by phone
Onsite visits for troubleshooting or repair'
Onsts visit by next business day AM
vnsn: enext clay n can receive° aner c: uu rm texwmng
X
X
X
x
X X
X X
X
X
Test the stabrrty of the " ingest ink
Test RSL' sagainst bench marked standard
Test antenna alignment & performance
Test cabling for functionally and damage
Inspect weather proofing
Inspect power and connections
Inspect grounding and fghtning protection
Update radio firmware
Verify throughput and system settings
Perform Spectrum Analyses
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
Serviceable Equipment Exchange
Will handle RMA process
Wil perform al services to de -instal the failed system Will rernsta0 the replacement system
X X
X X
X X
Suppol and ma, ntenace does not cover replacement of a failed radio or power supplj' heldxare. Optonal manufacture warranty should be purchased for hardware replacement.
Note: Any physical work on rooftops or towers can only occur dun%aylight hours and weather permming due to safety requirements. Physical work on rooftops and/ or towers in winds greater than 20mph, rain. or Snow/ Ice may be called off by technicians until work can safety be performed.
Note: Preventative Maintenance must be performed within the first 6 months of the current term Docusign Envelope ID 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315 Wireless Netowrk Monitoring Services ( WNMS)
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What is Included:
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P*g I!eports avaatt4: ty, ! o.. nd 1.A. ' est packets, etc.} Ratio band/ adth (interface statistics, packet Bess, error packets) RSL'SSI. SW, Frequency, Moo,' at:1,
Alarms
UPtane
Ethernet Data (Packet kYss, CRC. etc)
U1, 281441
Moneamg
Anaiys. 9
Optmzatan
x x x
X X X X
X X X
X X X
X X X X
X X X
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Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315 Pricing and Contract Terms
1. AO Wireless will provide a 100% money back guarantee that the solution provided ( must befull turnkey by AO Wireless for design, engineering, product and installation) will perform at the stated throughput and at >99.% predictable reliability for a period of one year (does not include an Act of God). AO Wireless provides a 1 -year guarantee for the installation and workmanship of all work performed for the services outlined in this agreement. AO Wireless is not responsible for the quality or functionality of any products not purchased by AO Wireless. AO Wireless is also not responsible for changes made to any work performed by AO Wireless by the client or any other party at any time. Any corrections that have to be made by AO Wireless will be considered billable.
2. AO Wireless does not guarantee the structural worthiness or against any damages caused by the failure of any such structure whether installed by AO Wireless, its subcontractor, or the use of any structure provided by the client. The Client is responsible for providing a proper dedicated earth ground that AO Wireless will use to ground the systems installed by AO Wireless.
3. The client is responsible for all costs for any local government permitting required and must notify AO Wireless if a permit is required.
4. The actual data rates and aggregate throughput of any devices installed or provided by AO Wireless can vary depending on each individual environmental condition. AO Wireless does not guaranty any specific data rate or throughput will be achieved.
5. AO Wireless does not guarantee against any future potential interference that can be encountered by the client from other competing RF signals. The use of any RF frequencies is governed under FCC rules and regulations. If interference occurs the client can request AO Wireless to work with the client to best of its ability to restore any wireless network system to the original engineered specifications. Any such work or troubleshooting will be considered billable.
6. A wireless link is considered to be successfully completed once the link has been tested for data transfer from one radio to the other radio on each end of the link as a standalone network ( disconnected from Client' s network) and the network is handed over
to the Client. Once completed any additional work or technical issues will be considered warranty work. AO Wireless is only responsible for the wireless link from the point of wireless demarcation point on both sides of the link. The Client is responsible for the integrity, security, and configuration of their data/ voice (LAN/ WAN) network. AO Wireless will not make any alterations or changes to the Client' s network outside of the requirements of the project listed in this document.
7. Prices are based on the client' s current environment. Prices and times will be adjusted with any increase of variables in the client' s environment that pertain to the scope of the services outlined in this document. Any such changes can be agreed upon in a change order document. All sales are final. Any items returned will incur a 25% restocking fee. AO Wireless will not except returned items past 30days from date of receipt. The client will be billed at the hourly rate of $ 325. 00, for any necessary calls or site visits that occur for services above and beyond the services outlined as part of this document. A minimum of four (4) hours will be billed. AO Wireless will not provide technical support for any product sold if not installed by AO Wireless. The client must call the product manufacture for support on any product purchased without services. For AO Support Agreements all Preventative Maintenance must be performed in the first 6 months of the term of the agreement. Otherwise any remaining PM' swill be performed once the renewal is in place.
8. AO Wireless will invoice the client with progress billing for materials at time of order or invoice 50% of the project total costs up front for the services as outlined in this document due upon receipt. A final invoice will be issued the same day the project is completed. A penalty of 10% and a late fee of 1% monthly will be charged on the full invoiced amount for invoices that are past due more than seven (7) days. In the event legal action is instituted by AO Wireless for enforcement of claim or any terms of this agreement, Client agrees to pay all collection agency and/ or attorneys' fees and costs. (Note: payment of invoices related to the services as stated in this document signifies all services performed were completed satisfactory).
9. The client must provide AO Wireless with any Purchase Orders and/ or any specific billing requirements prior to services being performed, otherwise this signed document is considered all that is necessary for invoicing and payment to AO Wireless. A Purchase Order provided by the Client signifies the Client' s
agreement to these terms and conditions. AO Wireless' expenses, if incurred, will be billed to the client at reasonable and actual rates.
10. Client will indemnify and hold AO Wireless harmless from and against any and all costs, claims, expenses, or damages for any claims arising from any circumstances outside of the services performed as stated in this document. AO Wireless makes no guarantee and does not warrant that any of AO Wireless' employees will produce any particular result or solution to the Clients particular needs.
AO Wireless will not be responsible for any disaster recovery after a natural disaster, fire, lightning, etc., modifications made by anyone other than AO Wireless, or other circumstance outside of AO Wireless' control.
11. AO Wireless reserves the right to extend the terms and conditions of this contract and/ or agreement to any and all other agencies within the United States that require these commodities and/ or services. A copy of the contract pricing and the bid requirements incorporated in this contract will be supplied to requesting agencies. This shall include all schools, colleges, cities, counties, state agencies, and/ or utilities ( both public and private). Each participating organization or agency shall enter into its own contract with AO Wireless and this contract shall be binding only upon the principals signing such an agreement. AO Wireless does not assume any responsibility other than to obtain pricing for the specifications provided.
12. Price valid for 90 days
Docusign Envelope ID: 6F632590- 7AF3- 4FF0- 85F8- 127B3ED0F315 By signing below, the Client and Alpha Omega Wireless agree upon the terms and the information, services, and/ or deliverables as outlined in this document.
ACCEPTED BY:
City of Lathrop
ACCEPTED BY:
Alpha Omega Wireless
Name: Name: Joe Wargo
Please Print) ( Please Print)
Title: Title: President
Please Print) ( Please Print)
Signature
Date:
Signature
Date: 1/ 7/ 2026
If you have any questions concerning this agreement, please contact:
Joe Wargo
512- 966- 8770 (direct)
wargoeaowireless. com
Cambium Networks
Ark Wave
SOLUTIONS
RAJANT
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RUCkusWIRELESS
RADWIN
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THANK YOU FOR YOUR BUSINESS!
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