HomeMy WebLinkAboutAgenda Report - September 1, 2021 C-07AGENDA ITEM (!,-7
6 CITY OF LODI
r . COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Magellan Advisors, LLC, of Denver, CO for Turnkey Fiber Design,
Project and Construction Management Services in Support of City of Lodi
Broadband Infrastructure Project ($299,000)
MEETING DATE:
PREPARED BY:
September 1, 2021
Public Works Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a
Professional Services Agreement with Magellan Advisors, LLC, of
Denver, CO for turnkey fiber design, project and construction
management services in support of the City of Lodi Broadband Infrastructure Project in an amount not-to-
exceed
ot to -
exceed $299,000.
BACKGROUND INFORMATION: In late 2019, the City of Lodi commissioned a Broadband Feasibility
Study to evaluate the opportunities to expand its existing fiber-optic
network to meet the City's growing needs for fiber connectivity
among internal departments, electric utility modernization and smart city applications. The feasibility
study also examined additional future opportunities that an expanded fiber network could yield for the
City in terms of enhancing local broadband services for residents and businesses.
The existing fiber backbone is used for: 1) general City information technology needs such as email,
video conferencing, GIS and other applications; 2) City utilities for the collection of customer electric and
water usage data for billing and monitoring; and 3) City public safety for alerting fire stations, radio
communications and dispatch for police and fire.
The Feasibility Study revealed the existing fiber backbone is running out of capacity to support the City's
growing connectivity needs relative to automated meter reading, increased cybersecurity requirements,
improved reliability in communications, redundancy to support critical applications, and future smart
city applications. More specifically, the study identified a fiber expansion strategy for Lodi consisting of a
phased approach beginning with an upgraded fiber backbone followed by options to provide
broadband services to the community, and to high-priority areas of the City such as the industrial park,
and ultimately, if deemed feasible, to serving entire business corridors and neighborhoods through
potential third party service providers.
Phase I of the City of Lodi Broadband Infrastructure Project includes contracting with Magellan Advisors,
LLC to assist with a number of tasks associated with upgrading the existing fiber backbone including:
completing a full engineering design of the fiber backbone rebuild to identify all requirements and
constraints; preparing bid specifications and final bid documents, securing a construction contract for the
rebuild, as well as construction management and inspection. The preliminary schedule indicates a 16
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
l\cvcfilv02\pubwkMWP\COUNCIL\2021\Broadband-Tumkey Fiber Design Project Construction Management- September 1 2021 Council
Comm.doc
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Magellan Advisors, LLC, of
Denver, CO for Turnkey Fiber Design, Project and Construction Management Services in Support of City of Lodi Broadband
Infrastructure Project ($299,000)
September 1, 2021
Page 2
month project timeline, with construction management taking place during months 8 through 16. Actual
project duration will be defined once bids are received and a construction contract is approved by City
Council.
Per Lodi Municipal Code, Section 3.20.075, engineering and construction management services are
exempt from bidding requirements and shall be awarded on the basis of professional qualifications and
experience, quality of service, past performance and negotiated prices. Over 400 utilities, municipalities
and cooperatives utilize Magellan's services to plan and deploy their networks nationwide and Magellan
has planned, engineered and deployed over 50 municipal fiber, wireless and hybrid networks with a total
value of $1 billion dollars.
FISCAL IMPACT: Reliable and robust broadband infrastructure is important to support City
functions and the business community. Design and construction
management services are not to exceed $299,000. This project will not
impact the General Fund.
FUNDING AVAILABLE: Sufficient funds are available in FY 2021122 Project No. ARPA-22002.
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
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Charles E. Swimley, Jr.
Public Works Director
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AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2021, by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Magellan Advisors,
LLC, a Florida Limited Liability Company authorized to do business in California
(hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for turnkey fiber
design, project and construction management (hereinafter "Project") as set forth in the
Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is
qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
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weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on September 15, 2021 and terminates
upon the completion of the Scope of Services or on December 31, 2023, whichever
occurs first.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
3
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liabiilit
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
4
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Business Development Manager
To CONTRACTOR Magellan Advisors, LLC
John Honker, President
99918 th Street, Suite 3000
Denver, CO 80202
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
5
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law Jurisdiction Severabillity, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
6
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the
entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
7
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Ftindinq Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement
may be executed in one or more counterparts, each of which will be deemed to be an
original copy and all of which, when taken together, will be deemed to constitute one and
the same agreement or document, and will be effective when counterparts have been
signed by each of the parties and delivered to the other parties. Each party agrees that
the electronic signatures, whether digital or encrypted, of the parties included in this
Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Delivery of a copy of this Agreement or any other document
contemplated hereby, bearing an original manual or electronic signature by facsimile
transmission (including a facsimile delivered via the Internet), by electronic mail in
"portable document format" (".pdf") or similar format intended to preserve the original
graphic and pictorial appearance of a document, or through the use of electronic
signature software will have the same effect as physical delivery of the paper document
bearing an original signature.
8
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
JENNIFER CUSMIR
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
fir'
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
MAGELLAN ADVISORS, LLC, a
Florida Limited Liability Company
By:
Name: John Honker
Title: President
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 10498800.77020 f CIP Project No. ARPA-22002.Contracts
(Business Unit & Account No.)
Doc ID:
CA: Rev.08.2021.elecsign
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TURNKEY FIBER DESIGN, PROJECT & CONSTRUCTION MANAGEMENT
City of Lodi
Prepared By:
John Honker
Magellan Advisors
#Ciaollifield@magellan-advisors.com
www, magel la n-advisors.com
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ABOUTUS
Magellan Advisors is the lead ingturnkey broadband development firm for municipalities and
utilities. We specialize in planning, designing and building fiber to the home networks for
communities that need faster, more reliable high-speed internet. With over 17 years in
business and over 400 municipal clients, Magellan is the most experienced firm for munis
that want to enhance economic development, education, healthcare and the quality of life
of their communities through world-class broadband.
We are the only firm that creates custom tailored broadband networks to achieve municipal
objectives. Our networks deliver the fastest internet services at the lowest cost, while giving
munis a platform to deploy smart city innovations that help them manage their communites.
We've led the planning, funding, construction and management of over 50 fiber broadband
networks passing over 1 million households and connecting more than 1,000 schools,
hospitals, government offices and community organizations and totalling $1 billion in
investments. Magellan has helped more communities successfully plan, implement and
manage broadband networks than any other firm in the market.
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Muni & Community Homes with Fiber In New Broadband
Utility Clients Networks Built Broadband Investments
We maintain experts across all aspects of developing networks, from feasibility studies,
financial planning and grant development, to engineering design, project and construction
management, to operations and management of live broadband networks. Our staff is
composed of broadband, telecom, government and utility professionals that have been on
the front lines of deploying fiber and wireless networks for their entire careers. Magellan is
a one -stop -shop for every aspect of broadband, with seasoned experts guiding our muni
clients every step of the way to ensure their communities are empowered in the digital
economy.
2021 MAGELLAN ADVISORS PAGE 2 OF 15 WWW.MAGELLAN-ADVISORS.COM
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MUNICIPAL CUSTOMER TESTIMONIALS
■ Nathan Watkins, Assistant City Manager`City of Mont Belvieu, TX
Citywide Fiber to the Home Engineering & Construction Management
"Without Magellan, our network would have been double the estimated project
costs and taken longer to complete. We could not be more pleased with the level
of service and professionalism and would highly recommend Magellan to any city
looking for fiber solutions for their community."
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Citywide Fiber to the Home Engineering & Construction Management
'We're excited to build this network to serve our community with gigabit fiber!Just
wanted to say thank you and we are fortunate to have partnered with Magellan."
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"Magellan's real-world experience has allowed us to take the next steps in
achieving our broadband goals."
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Fiber Engineering & Construction Management for 15 Cities
"Magellan has continuously devoted its time, energy and most importantly, its
expertise and ingenuity to keep our fiber project moving forward - no matter how
many obstacles we and our cities have put in the way.”
• Don Dennis, CIO, City of Clermont_FL
Citywide Fiber Backbone & Construction Management
"Magellan's been our continued partner providing network design,
implementation and project and construction management services. Their on-
time delivery and experience has been valuable in development of our network."
2021 MAGELLAN ADVISORS PAGE 4 OF 15 WWW.MAGELLAN-ADVISORS.COM
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STATEMENT OF WORK
PROJECT OVERVIEW
Magellan Advisors will provide the City with a turnkey solution to design and build the fiber
backbone network to expand its existing fiber network. We will provide all engineering
services to develop the design and specifciations for construction of the new network,
overbuilding much of the existing fiber backbone that is in place today and looking for new
opportunities to build that may enhance the City's communications and support future
looking smart city and broadband programs.
As we develop the design, we will work with the City team to determine the best running
lines, pole infrastructure and locations where fiber should be constructed. We will follow this
with development of construction packages and development of the construction RFP. Once
a contractor is selected, Magellan will provide comprehensive construction management and
inspections with a local on -the -ground, full time resource during the term of construction to
ensure the selected contractor meets the design specifications and complys with the City's
construction standards, while protecting the interests of the community during construction.
Once construction is completed, Magellan will ensure the new backbone is fully tested and
operational, connecting to all sites. We will work with IT to ensure each site is connected to
one another based on the architecture and splicing plans that are developed during the
design phase.
PROJECT STARTUP
Magellan will develop a detailed project plan with dependencies, milestones, deliverables
and timelines and hold a formal project kick-off meeting with the Lodi to begin the project.
We want to understand your priorities for the completion of the project to ensure the design
process can be carried out efficiently. Our project initiation and ongoing project
management include:
Formal data request - GIS including rights of way, parcel maps and related City data
Development of a formal workplan - including milestones and deliverable timelines
Bi- weekly progress meetings scheduled with the Lodi team
Shared use of project management platform for coordination and communication
HIGH-LEVEL NETWORK DESIGN (30%)
Our engineering process begins with a high-level design, in which fiber alignments,
placement, structures, cable sizes and splice points are identified in the network. We will
work with the City to analyze the existing fiber backbone routes and determine the best
overbuild strategy, accounting for optimal placement on existing pole lines. Minor changes
in the backbone routes may be preferrerd to avoid congested poles or those planned for
replacement in the next few years. Also, we will look at opportunities to optimize the
backbone for future City services and broadband applications that may give the City
advantages for expanding the network in the future but come with little if any additional cost
today. The high-level design will include:
Review of Town construction standards, policies and practices
Aerial placement of new backbone cable
Right of way analysis
Pole line analysis
Sites to connect on the backbone
Laterals to each site
Interconnection with core data centers/utility sites
HIGH-LEVEL DESIGN (30%) REVIEW WITH THE CITY
As we complete the high-level design, we will conduct a formal review with maps illustrating
all components of the backbone overbuild. We will present the 30% design, alignments, sites,
laterals and connections to give you a first look at the preliminary design, provide
feedback and give us a chance to make any adjustments to running lines and other outside
plant aspects of the network before moving into detailed engineering. Once these changes
have been made, we'll provide an updated high-level design for your review and sign -off.
ONSITE FIELDING AND SURVEY
Once we have consensus on the high-level design, we will begin the onsite fielding process,
in which the Magellan field team will conduct detailed walk -outs of all routes and pole lines.
Our fielding process identifies features and attributes, constructability, hazards and survey
of existing infrastructure. We utilize Trimble GPS units for all fielding and iPad data collection
to record features and upload them in real time to our design engineers in the back office.
This gives us the ability to expedite the design process in concert with our onsite field team.
The fielding team will also provide full pole loading and make-ready analysis for the fiber
overbuild. We will look at the opportunities to overlash to existing cable vs new attachments
for backbone fiber installation. Magellan uses o-calc for pole loading calculations and is
happy to provide pole loading for all poles utilized in the backbone overbuild. We will work
with Lodi's electric utility to determine exact pole loading and make-ready processes and
provide all data collected back to Lodi for review for estimation of make-ready costs.
LOW LEVEL DESIGN (60%)
As all field data has been collected, we will begin the detailed engineering design from the
survey data and make adjustments to running lines. We utilize a route optimization process
to determine the best paths for fiber backbone routes, avoiding any potential
constructability issues encountered during the fielding process. Given that this is a aerial
backbone overbuild, we do not anticipate major changes to the preliminary routing;
however, this process allows us to optimize the final routes for you and value engineer the
network to keep costs down. Our low-level design process will also create all fiber cable sizes,
splicing diagrams, port assignments, terminations and final site connections for the new
backbone. Further, it will provide preliminary bills of materials and cost estimates for the
new network.
LOW LEVEL DESIGN (60%) REVIEW WITH CITY
Our 60% design review with the City will provide a first set of construction prints with detailed
placement and routing, integration with existing fiber and conduit, preliminary fiber splice
plans, cabinet layouts, pedestals and other low-level outside plant infrastructure
documentation. We will provide a detailed review of the plant with the City, pointing out how
the design has changed from the 30% design review. In this review, we will provide GIS data
and plots to the City in advance of the meetings, so you have ample time to review.
Accompanying this data will also be the preliminary cost estimates, bills of materials and bid
package documents for construction. This 60% review will give you a chance to provide
feedback to us at a more detailed level and better understand the costs of plant construction,
to determine if any changes should be made to reduce budgets, speed the deployment or
adjust the fiber routes.
FINAL nESIGN (90%)
This design process will incorporate any changes from the 60% design milestone into
the final design. We will finalize all routing, alignments, separations, structure sizing
and placement, cabinet placement, splice plans and other components of the design.
This process will also identify all permits required, costs and timeframes to acquire
the permits.
rINAL uc3IGN & BID PACKAGE (100%)
This milestone will provide the final design and construction bid package with all
construction documents, City procurement requirements, construction standards,
construction plans, sequencing and schedules, bills of materials using unit costs and pay
items for the release and RFP or invitation to bid. Magellan will provide final QA/QC on all
documents and conduct a formal review of the final deliverables with the City to determine
if any changes need to be made before going to bid.
Magellan will develop the final bid package for construction and provide the City with all
content to support a competitive construction procurement. We will provide design
specifications, prints, pay items, units and final documents, incorporating in the City's
existing procurement documents to create a final construction package for release to the
market. Magellan is happy to manage the pre-bid meeting, answer questions, post addenda,
evaluate bidders and make recommendations to the City on the final award.
2021 MAGELLAN ADVISORS PAGE 8 OF 15 WWW.MAGELLAN-ADVISORS.COM
CONSTRUCTION MANAGEMEN"'
Magellan is prepared to provide the City with a turnkey construction management and
inspection function throughout the term of the fiber backbone construction project.
Construction management and inspections are critical components of any construction
project and more specifically with major fiber construction project.
Magellan's construction management team will enable the City to maintain a single point of
contact for all construction -related activities. Magellan will provide a full-time, onsite
construction manager, daily throughout the term of construction to oversee progress, liaise
with the City, other utilities, permit authorities, the Contractor and Magellan' s design team
that completed the engineering design. The manager' s prime function is to work on the
City's behalf to ensure the City' s interests are protected in construction and the Contractor
meets the requirements set forth in the design and construction bid. Magellan's construction
management services will include:
Providing a liaison and single point of contact for all construction -related activities.
Magellan' s full-time construction manager will oversee adherence to construction
schedule, public works and right of way restrictions, coordination of construction
activities, management of applicable construction documentation, performance of
inspections and QA/QC of activities for the duration of the construction contract;
Working with the City's Project Manager to coordinate construction activities, address
and resolve issues and provide ongoing construction progress reporting;
Providing field inspections and oversight of construction crews to oversee quality
workmanship, adherence to City construction standards and alignment with the
engineering design;
Weekly, monthly and as -needed updates to the City's Project Manager. Hold weekly
construction progress conference calls, hold quarterly construction progress onsite
meetings, or more as required for the project;
Providing full construction accounting for all pay items, including materials, labor,
equipment and other costs to verify quantities installed and ensure Contractor is
reporting completion accurately;
Managing the change order process in compliance with the City's standards;
Managing the field change process to ensure any changes are necessary, determining
the budgetary impact and managing the approval process;
Working with City Project Manager and finance personnel to properly establish
construction accounts for the fiber backbone and provide guidance in booking assets
and tracking depreciation;
Reviewing, verifying, approving and submitting Contractor invoices to the City's
Project Manager;
Calculating retainage amounts to be withheld. Tracking the current project spend
against the approved budget;
• Production tracking, coordination with the construction vendor, schedule
commitments, troubleshooting, punch list items, final completion and acceptance
testing closeout;
• Overseeing delivery and reviewing close-out packages for each phase of construction,
including: QA/ QC Photos, Fiber Trace/ SORB( losses and events) redlines from field
changes and final as -built production;
• Tracking and reporting construction schedule, delays and recommendations on
corrective actions.
PROJECT TIMELINE
• PROJECT KICKOFF
• MONTH 1
• DATA GATHERING
• MONTH 1
• HIGH-LEVEL DESIGN (30%)
• MONTH 2
• LOW-LEVEL DESIGN (60%)
• MONTH 3
• FINAL DESIGN (90%)
• MONTH 4
• BILL OF MATERIALS & COST ESTIMATES
• • MONTH 4
• CONSTRUCTION PRINTS & FINAL BID PACKAGES
• MONTH 4
• CONSTRUCTON RFP
• MONTHS 5 - 7
• CONSTRUCTION MANAGEMENT
• MONTHS 8-16
1 2021 MAGELLAN ADVISORS PAGE 11 OF 15 WWW.MAGELLAN-ADVISORS.COM
PRICING
Phase
Description
Pricing
Fiber running lines
• Assessment on best construction methods and
aerial attachments
High -Level Design
. Sites to connect
(30%)
. Lateral design
$29,400
• Fiber cable sizing for backbone
• Fiber cable sizing for laterals
• City and third- art permits required
■ Onsite fielding
Pole loading
• Make ready engineering
Low -Level Design
' Aerail to underground transitions
(60%)
• Cable splicing & terminations
$29,400
• Building entrances
• Materials and equipment specifications
• Bill of materials
• Cost Estimates
• Final pole assessment and pole attachment
applications
Final Design (90%)
+ Final running lines for backbone and laterals
$29,400
• Final bill of materials
_
• Final cost estimates
• Construction prints
Final Design & Bid
■ Permit packages
Package (100%)
• Construction RFP
$9,800
a Bid documents
■ 8 Months of Constrcution
■ Dedicated onside construction manager
Construction
■ Construction oversight, reporting, accounting,
Management
field changes, issue resolution, punch list and
$197,000
contract close out
• $24,625/month over 8 months, billed month)
Travel & Incidental
. Billed as incurred and pre -approved by the City at
Expenses
cost
$4,000
Total Pricing
$299,000
The total cost to the City of Lodi is $299,000. Design pricing includes 10 miles of engineering design
at $1.50 per foot. Magellan will bill on a milestone basis for design on completion of each design
deliverable. Magellan will bill monthly for construction management services on the first day of the
month for the current month's services.
2021 MAGELLAN ADVISORS PAGE 12 OF 15 WWW.MAGELLAN-ADVISORS.COM
REFERENCES
FIBER DESIGN & CONSTRUCTION REFERENCE: CITY OF HILLSBORO, OR
CONTACT
Greg Mont
Information Services Director
P: 503.681.5401
E: greg.mont@hillsboro-oregon.gov
'The partnership between the City and HSD is all about what's best for our community. We have a long
history of working together to best serve our students and families, and this is another opportunityfor us
to do the right thing and make our schools and our community stronger."
-Mike Scott, Hillsboro Schools District Superintendent
CHALLENGE
The City of Hillsboro and Hillsboro School District envisioned a joint partnership for a community
owned fiber network to support schools' connectivity needs and enable a platform for world-class
broadband. In 2017, the City and School district signed an agreement to co -build the network. The
next step was to identify a partner that understood municipal fiber projects and could manage the
complex engineering process at hand, creating two networks from one.
MAGELLAN'S SOLUTION
The City of Hillsboro hired Magellan in 2017 to develop a citywide fiber backbone and fiber to the
home broadband network. Magellan approached the design by working with School District staff to
determine their most important needs - high bandwidth, reliability and redundancy across all
schools. Through the planning process, Magellan designed a highly redundant, multi -ring fiber
backbone to connect 34 schools with dark fiber.
Concurrently, Magellan engineered an optimal fiber to the home architecture using the backbone
network as a launchpad for broadband. Our design furnished the City with a blueprint for
broadband across 44,000 homes and businesses. We provided detailed fielding, utility assessment,
permitting, make-ready, prints, costing and as-builts for each phase of construction. The design
delivers 1 and 10 gigabit capabilities natively in the network. To enable seamless deployment of the
network, the City also selected Magellan to manage construction, given our deep experience
constructing municipal fiber and our collaborative approach with the City's internal departments.
OUR CLIENT'S SUCCESS
Today, 34 schools are connected to the network, providing nearly unlimited bandwidth to support
their current and future needs, while reducing its operating budgets by $200,000 annually. The fiber
backbone and the first phase of fiber to the home construction have been completed to enable the
City to launch its gigabit internet services to the first homes in Hillsboro.
FIBER DESIGN & CONSTRUCTION
REFERENCE: CITY OF MONT BELVIEU
=� M B LINK
MONT BELVIEV FIBER NETWORK
CONTACT
Nathan Watkins
Assistant City Manager
P: 281.576.2213 x228
E: nwatkins@mont-belvieu.net
"Without Magellan, our network would have been double the estimated costs and taken longer to
complete. We could not be more pleased with the level of service and professionalism and would highly
recommend Magellan to any city looking for fiber solutions for their community."
-Nathan Watkins, Assistant City Manager
CHALLENGE
After many attempts to persuade local providers to upgrade their internet services to support
higher speeds and better reliability, the City realized that it needed to take action directly if it
wanted to ensure its residents and businesses had access to world-class broadband. The City's
challenge was how to build, launch a City -owned internet service without this core expertise in
house. The City needed a turnkey solutions partner that could plan, engineer, construct and launch
a broadband network to meet the needs of its community.
MAGELLAN'S SOLUTION
To implement the network, the City looked to Magellan to engineer, construct and launch the fiber
to the home network. Magellan provided a dedicated team of broadband engineers and planners
that managed all facets of design, construction and operational support. Our engineering team
designed a scalable 10 -gigabit GPON-based network to reach 100% of homes and businesses within
the City. We advised the City on optimizing the design to support rapid construction, which was
completed ahead of schedule and under budget. Our team provided all fielding, constructability
analysis, low-level design, construction prints, permitting and as-builts. On completion of
engineering, we managed the bid process, identified contractors and provided construction
management, equipment integration, beta testing and go -to -market launch of the City's internet
services over the 24 -month deployment.
OUR CLIENT'S SUCCESS
One year after launch, the Houston Chronicle claimed that Mont Belvieu "May have the best internet
in Texas." The City provides gigabit Internet to homes and businesses at prices less than the
competition and with no data caps. For $75 per month, residents receive 1 gigabit internet service
and an in-home gigabit gateway router. To date, over 70% of residents have signed up for service.
2021 MAGELLAN ADVISORS PAGE 14 OF 15 WWW.MAGELLAN-ADVISORS.COM
FIBER DESIGN & CONSTRUCTION REFERENCE: CITY OF DAYTON
CONTACT
Theo Melancon
City Manager
P: 936.258.2642
E: citymanager@daytontx.org
"Reliable high-quality internet service is vital to both our residents and our businesses. "With gigabit
service as a utility, our customers can expect service at a price that's cheaper than most national
providers and a speed that exceeds anything currently offered in the area."
-Theo Melancon, City Manager
CHALLENGE
In 2018, the City of Dayton contracted with Magellan Advisors to conduct a broadband study and
engineering estimates for a fiber to the home network to reach 100% of the City's homes and
businesses. The results of this study showed that the City could build the network and serve its
community with gigabit internet services in a fiscally responsible way. In late 2019, the City secured
over $13 million for the project and partnered with Magellan to conduct the full engineering design,
business plan and construction procurements.
MAGELLAN'S SOLUTION
In 2019, Magellan was selected to provide the City's fiber to the home engineering design, covering
100% of homes and businesses within the City. Magellan's engineering team created a blueprint for
fiber backbone and distribution for the lowest possible cost and which would provide 1 and 10
gigabit high-speed internet services to homes and businesses from day 1. Magellan worked with the
City to determine the best constructability methods, protect City rights of way and minimize
construction impacts to the City. Magellan's field team walked every route in the City to ensure
constructability and avoid any obstacles that would create construction delays. In 6 months,
Magellan completed the engineering design, construction bid package, permitting packages and
electronics design for the network, meeting the City's goal of moving into construction in January of
2021.
OUR CLIENT'S SUCCESS
In early January 2021, Magellan released the construction RFP with the City and received numerous
bids. Magellan's bid process allowed for a highly competitive process, with the winning bidder
providing a final price that was $3 million under the project budget. Today, Magellan is managing
the entire construction and implementation process for the City and will assist the City launch
services to the community in late 2021.
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Reauirements for Design Professionals- ArchitectslEnatneers
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the _general agg egate_limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than
$2,000,000 per occurrence or claim.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Nan -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect
that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
Page 1 1 of 2 pages I Risk: rev. 3/1/2018
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply_
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(1) Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the
contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior
to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(m) [Qualified Insurerfs)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Page 2 1 of 2 pages Risk: rev. 3/1/2018
RESOLUTION NO. 2021-243
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH MAGELLAN ADVISORS, LLC, OF DENVER, COLORADO, FOR
TURNKEY FIBER DESIGN AND PROJECT AND CONSTRUCTION
MANAGEMENT SERVICES IN SUPPORT OF CITY OF LODI BROADBAND
INFRASTRUCTURE PROJECT
WHEREAS, the City of Lodi commissioned a Broadband Feasibility Study in 2019 to
evaluate the opportunities and costs associated with expanding its existing fiber-optic network
to meet the City's growing needs for fiber connectivity; and
WHEREAS, the Broadband Feasibility Study identified the need for municipal fiber to
keep pace with the rapid growth in connected devices to support increasing demands of internal
information technology, utilities monitoring, usage and billing, and police and fire
communications; and
WHEREAS, the Lodi City Council adopted the Broadband Feasibility Study on February
17, 2021, which detailed a phased approach to greater broadband connectivity demonstrating
its support of a more reliable fiber backbone network to accommodate existing uses and
prepare for future information technology needs; and
WHEREAS, the Lodi City Council approved undertaking Phase One of the project
entailing the rebuild of the existing network, and provided funding approval as part of the
FY 21/22 annual budget process; and
WHEREAS, the Lodi City Council recognizes the rebuild of the existing network will
enable greater connectivity opportunities in the future for its residents and businesses; and
WHEREAS, the City will be able to use its fiber backbone in multiple fiscally responsible
and measured ways contingent on community needs and input from the residential and
business sectors; and
WHEREAS, per Lodi Municipal Code, Section 3.20.075, engineering and construction
management services are exempt from bidding requirements and shall be awarded on the
basis of professional qualifications and experience, quality of service, past performance and
negotiated prices. Over 400 utilities, municipalities and cooperatives utilize Magellan's services
to plan and deploy their networks nationwide and Magellan has planned, engineered and
deployed over 50 municipal fiber, wireless and hybrid networks, with a total value of $1 billion
dollars.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Professional Services Agreement with
Magellan Advisors, LLC, of Denver, Colorado, for turnkey fiber design and project and
construction management services in support of the City of Lodi Broadband Infrastructure
Project (Project ARPA-22002) in an amount not to exceed $299,000; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to
the above -referenced document(s) that do not alter the compensation or term, and to make
clerical corrections as necessary.
Dated: September 1, 2021
I hereby certify that Resolution No. 2021-243 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held September 1, 2021 by the following votes:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
J NNIF CUSMIR
City Cie
2021-243