Agenda packet — Economic Development Committee, February 7, 2022

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www.modestogov.com
AGENDA
City of Modesto

ECONOMIC DEVELOPMENT COMMITTEE / COUNCIL

WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Monday, February 07, 2022 at 5:30 PM
*Roll Call: Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
Alternates: Rosa Escutia-Braaton, Jenny Kenoyer, Tony Madrigal, Bill Zoslocki * Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in.

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.

PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.

If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee - 1 -
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Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 4:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
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 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.

PUBLIC COMMENTS
Please refer to special public comment instructions above.

Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee member prior to this meeting for study. Unless some member of the audience or Committee member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of - 3 -
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1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee member.

Consent

1. Consider approving the award of bid and Agreement with Western Oilfields Supply Company, dba Rain for Rent, Bakersfield, CA for the annual rental of three DV-400c pumps, and related equipment for contingency bypass pumping during cannery season, for a one-year Agreement with four one-year extension options, for an estimated annual amount of $60,545, and a total amount not to exceed $334,549 over five years, and forwarding to Council for approval. (Funding Source: Wastewater Fund) UTILITIES; Robert Englent, 209-577-6222, [email protected]

UNFINISHED BUSINESS

2. Consider an ordinance adding Article 7, “Local Hiring Preferences in Public Works Contracts,” and Article 8, “Utilizing Skilled and Trained Workforce in Public Works Contracts,” to Title 8, Chapter 3 of the Modesto Municipal Code, establishing requirements for contractors submitting bids to the City for Public Works Projects, and forwarding to Council for approval. (Funding Source: Not Applicable) CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the Committee and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 07, 2022
Date: January 11, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Cannery Segregation Bypass Pumps
CONTACT: Robert Englent, Wastewater Collection System Superintendent, [email protected], (209) 577-6222
DESCRIPTION:

Consider approving the award of bid and agreement with Western Oilfields Supply Company, dba Rain for Rent, Bakersfield, CA for the annual rental of three DV-400c pumps, and related equipment for contingency bypass pumping during cannery season, for a one-year agreement with four one-year extension options, for an estimated annual amount of $60,545, and a total amount not to exceed $334,5491 over five years, and forwarding to Council for approval. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

In 2006, staff discovered erosion along the bank of the Tuolumne River which exposed and compromised portions of the City’s gravity trunk sewer. In September 2007, the City completed a repair of approximately 300 feet of the river bank.

In response to this event, the City coordinated with West Yost Associates, an engineering firm, to analyze existing and potential risks as well as develop solutions. In January 2012, West Yost Associates completed a draft of the Cannery Segregation Line (CSL) and River Trunk Diversion Plan (Plan). The Plan consists of several elements: 1) a risk assessment, which included a complete inspection of the CSL and a hydraulic analysis of CSL flows; 2) a temporary bypass pumping plan in the event of a CSL failure; and 3) preliminary design of permanent diversion structures.
1 Includes a 5% CPI increase for years two through five. #1..
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Economic Development Committee, February 7, 2022
Cannery Segregation Bypass Pumps

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In the event of a CSL failure, a Temporary Bypass Plan was developed to mitigate the resulting consequences of a service disruption to Industrial users. The Plan includes the implementation of three large pumps used in transporting flows through the bypass. However, the City does not own pumps capable of performing the bypass operation and current availability of the pumps is based on a first-come, first-served basis.

In addition, the CSL season occurs during the peak period for underground construction. This increases the risk of equipment availability, which could delay the installation of a bypass by several weeks. Not having this equipment on standby rental could potentially result in a sanitary sewer overflow from either the domestic or CSL sewer trunks. If that were to happen, the City would receive monetary penalties and civil liability enforcement actions from the State Water Resources Control Board.

On June 2, 2015, by Resolution No. 2015-180, Council approved the rental of bypass pumps from Rain for Rent in the amount of $100,000. These pumps have been rented yearly since 2015.

On June 8, 2021, by Resolution No. 2021-212, Council approved the award of bid for the standby rental and/or delivery of by-pass pumps DV-400C to Rain for Rent, Bakersfield, CA for an amount not to exceed $60,545.

DISCUSSION:

The City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for the rental of Stand-By Pumps DV400C or Equivalent.

On October 26, 2021, the Purchasing Division issued RFB 2021-67, Stand-By Pumps DV400C or Equivalent, on Planet Bids via the City’s website under various commodity codes2 associated with rental of Stand-By Pumps DV400C or equivalent. Prospective bidders were notified online and via email of the bid opportunity. Twenty-six companies chose to download the RFB document.

On November 16, 2021, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream3. One company chose to respond, none of which were local vendors. Based on providing the lowest responsive and responsible bid, City staff recommends the award of bid and agreement to Western Oilfields Supply Company dba Rain for Rent, Bakersfield, CA.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. An award of bid and agreement for the rental of three DV-400c pumps from Western Oilfields Supply Company, dba Rain for Rent, Bakersfield, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Western Oilfields Supply Company, dba Rain for Rent, was the lowest responsive and responsible bidder. 2 72000 – Pumping Equipment and Accessories, 72015 – Centrifugal Pumps, Portable, 72018 – Centrifugal Pumps, Stationary, 98100 – Rental or Lease of General Equipment (HVAC, Athletic, Fire and Police Protection, Etc.)
3 Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19. #1..
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Economic Development Committee, February 7, 2022
Cannery Segregation Bypass Pumps

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FISCAL IMPACT:

Expenditures over prior years for the rental of bypass pumps are shown below:

YEAR EXPENDED
FY2017-18 $54,226
FY2018-19 $70,307
FY2019-20 $68,204
FY2020-21 $64,107
FY2021-22 $60,545
TOTAL $317,389
Expenses are budgeted in the Sewer Fund Cannery Segregation Line Operating Budget, in account: 4210-44317-53100.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Agreement

2. Exhibit B

3. Exhibit C

4. Exhibit D

5. Financial Interest Disclosure

6. Cost Abstract
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1 ANNUAL AGREEMENT

RAIN FOR RENT
FOR STAND-BY PUMPS DV400C OR EQUIVALENT
This agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Western Oilfields Supply Company dba Rain for Rent, hereinafter called

CONTRACTOR,
W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022- __________ authorizing the award of bid and agreement for the rental and/or delivery of “Stand-By” Pumps DV400C or Equivalent to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the rental and/or delivery of “Stand-By” Pumps DV400C or Equivalent as described in RFB 2021-67, attached hereto as Exhibit “C” and made a part hereof, and
WHEREAS, the CITY and CONTRACTOR shall enter into a rental agreement should the CITY need to mobilize and the terms and conditions shall be an integral part of this agreement, attached hereto as Exhibit “D” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall provide service for the “Stand-By” Pumps DV400C or Equivalent insofar as such scope of service is specified in RFB 2021-67, and in strict accordance with the conditions of the complete agreement.
b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. #1..
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2 c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
d. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
e. CONTRACTOR shall furnish the service defined for the following contracted rates, for an estimated annual amount of $60,545, and a total amount not to exceed $351,276 over five (5) years:

AGREEMENT PRICING

STANDBY-RATES

ITEM/DESCRIPTION UOM UNIT PRICE
18” DV400C PUMP OR EQUIVALENT (STANDBY)
(3)-PUMPS, FOR (3)-MONTHS 28 DAYS $6,125.00
DELIVERY FEE LOT $1,000.00

MOBILIZED-RATES

ITEM/DESCRIPTION UOM UNIT PRICE
18” DV400C PUMP OR EQUIVALENT (MOBILIZED) LOT $9,000.00 DELIVERY FEE LOT $90.00
PICKUP FEE LOT $90.00
ENVIRONMENTAL FEE LOT $270.00
STANDARD LABOR RATE HR $85.00
OVER TIME RATE HR $127.50
DOUBLE TIME RATE HR $170.00
PUMP SERVICE RATE (PER SERVICE HOURS) JOB $450.00

2. CITY CONTACT:

Department Contact: Robert Englent, (209) 577-6222
Purchasing Contact: Carol Wattle, Buyer (209) 577-5406
Changes of a contractual or business nature shall be affected only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

VENDOR CONTACT:

Contractor Representative: Gunter Brisi, (209)466-5602 (O) or (209)639-2234 (M) Email: [email protected]

3. TERM OF AGREEMENT:

The term of the agreement shall be for a period of one (1) year, with four (4) one-year extension options, for a total of up to five (5) years.
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3 Year 1: March 2, 2022 through March 1, 2023
Year 2: March 2, 2023 through March 1, 2024
Year 3: March 2, 2024 through March 1, 2025
Year 4: March 2, 2025 through March 1, 2026
Year 5: March 2, 2026 through March 1, 2027
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index for West Region (CPI-U) Table A all items index, not seasonally adjusted in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

4. STAND-BY REQUIREMENTS:
a) Stand-By pumps shall be held at a facility within 50 miles of the City of Modesto Sutter Wastewater plant at 1221 Sutter Ave, Modesto, CA 95351. b) Stand-By pumps shall be on standby from July to September. This is equal to three (3) twenty-eight (28) day billing cycles.
c) Stand-By pumps shall be serviced and/or started in regular intervals (i.e. weekly, biweekly, monthly, etc.) to ensure that pumps will be in good working order should mobilization be required.

5. DELIVERY LOCATION FOR MOBILIZATION:

Location: Wastewater Treatment
1221 Sutter Ave.

Modesto, CA 95351
Days of Week or
Delivery Hours: as specified by Division
All deliveries for mobilization shall be made within twenty-four (24) hours upon notice from CITY staff request. Each delivery shall be signed for by an approved onsite CITY staff, if delivered to a specific project site. Tags without proper CITY signatures will not be paid. If CITY forces are not present at the site when product is delivered, it will be the responsibility of the CONTRACTOR to contact the CITY within twenty-four (24) hours to verify delivery receiving written confirmation by CITY.

6. LIABILITY INSURANCE:

CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such #1..
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4 insurance to CITY as may be required by the Risk Manager. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or reduction in coverage in the policy, notices of same shall be given to the Risk Manager of CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent Contractors and subcontractors; products and completed operations. b) Automobile Liability- insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as herein above provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be #1..
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5 named as an additional insured on all insurance polices required herein, except Workers’ Compensation.

The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY. The CONTRACTOR’S insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best’s rating of A: VII or with approval of the Risk Manager of the CITY.

For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.

7. PAYMENT:

CONTRACTOR shall invoice the CITY after each twenty-eight (28) day bill cycle. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the CITY, and receipt of a properly prepared invoice, subject to cash discounts allowed and stated in this bid document. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
At a minimum invoice shall state the following:
 Reference Annual Agreement #: 214336
 City department/division name and address
 Service hours worked day and week
 Unit price, extended price, sales tax and total
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6 8. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this agreement.

CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this agreement for CONTRACTOR to procure and maintain a policy of insurance.

In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold the CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of thirdparty suits, arising out of or relating to the operation of CITY owned vehicles by CONTRACTOR’s employees is apportioned to CONTRACTOR in accordance with the provisions contained in Indemnity 6.

9. ARBITRATION:

Any dispute or claim arising or related to this agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the #1..
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7 remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

10. GOVERNING LAW:

This agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of laws provisions or principles.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

Proof of insurance (approved by Risk Management);
Executed Agreement and Exhibits.

12. TERMINATION OF SERVICES:

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this agreement or materially breach any of its provisions, at its option, CITY may terminate this agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR, dishonesty or theft.

Termination by CITY for Convenience
The CITY may also terminate the CONTRACTOR'S performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to #1..
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8 proceed, or when the CITY is prevented from proceeding with the agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason. The CITY shall provide no less than ten (10) calendar day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a) Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination; b) Terminate all orders and sub-contractors except as necessary to complete any portion of the work that is not terminated;
c) If directed in writing by the CITY to do so, assign all right, title and interest in sub-contracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such sub-contractors, but in no event shall recovery by any CONTRACTOR or sub-contractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d) Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e) Settle outstanding liabilities and claims, subject to the approval of CITY; f) Complete performance of such part of the work as has not been terminated; #1..
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9 g) Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h) If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR's work on the project.
i) The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the agreement at time of termination, including the following:
a) The cost of settling and paying valid claims arising out of the termination of the work such as sub-contractor agreements or agreements for materials; b) The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of the agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee’s, decision to the City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from CITY of termination of the agreement. In the event that termination of #1..
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10 this agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

14. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a) Resolution No. 2022- ________;
b) Bid Submittal;
c) RFB 2021-67;
d) Master Rental Agreement;
e) Insurance Certificates.

These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

15. NOTICES:

Any notice, payment or instrument required or permitted by this agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
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11 CONTRACTOR: Contracts Department
Western Oilfields Supply Company dba Rain for Rent
3404 State Road
Bakersfield, CA 93308
(661)-634-6808
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

16. SIGNATOR (IES) FOR CONTRACTOR:

The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) those he/she/they is/are legally competent to execute the agreement and has/have full authority to execute this agreement.

17. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

18. WAIVER:

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

19. HEADINGS NOT CONTROLLING:

Headings used in the agreement are for reference purposes only and shall not be considered in construing this agreement.

20. MISCELLANEOUS:

Time is of the essence in every provision of this agreement.

21. ENTIRE AGREEMENT:

This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary from CONTRACTOR’s bid are #1..
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12 controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this agreement.

No future waiver of or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.

22. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

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5101 Office Park Drive, Suite 100
Bakersfield, CA 93309
Pumps Tanks Pipe Filtration
rainforrent.com
Spillguards
800 742 7246 |
November 12, 2021
City of Modesto
Attn: Ms. Carol Wattle, Buyer
1010 10th Street, Suite 6600
Modesto, CA 95354
RE: City of Modesto Request for Bid and Specification No. 2021-67 “Stand-By” Pumps DV400C or Equivalent
Dear Ms. Wattle:

Thank you for providing Rain for Rent with the opportunity to submit the enclosed bid for for “Stand-By Pumps DV400C or Equivalent”, which may or may not include mobilization for the Utilities Department, Wastewater Division. Our submittal includes the following documents:
 Rain for Rent Submittal Cover Letter
 City of Modesto Submittal Package including:

Bid Acknowledgement, Pricing Schedule; Exceptions, Clarifications, Amendments Form, References, Financial Interest Disclosure Form; Request for Declaration of Local Business; Company History Statement; Addenda Acknowledgement; Pump Curve and Specifications, Rain for Rent Master Rental and Sales Agreement
 Copy of Rain for Rent Business License Certificate – City of Modesto  Copy of Rain for Rent W-9 Form
 Sample Copy of Rain for Rent Certificate of Liability Insurance Rain for Rent is a leading provider of temporary liquid handling solutions including pumps, tanks, filtration, and spill containment. Projects range from sewer bypasses to construction site dewatering, flood relief and industrial plant turnarounds.

The company is known for its systems engineering expertise and its ability to tackle complex job costs effectively, providing an exceptionally high value. Family owned and operated since 1934, Rain for Rent serves all 50 states and Canada from more than 60 locations.

Key “solution benefits” that Rain for Rent can provide to the City of Modesto include:
• Engineered Systems: Rain for Rent’s skilled sales representatives are backed by an in-house engineering team to design your system and ensure it works right the firsttime. • Installation and Service: Our operations team will safely install and service our equipment on your jobsite to make sure it works day and night.
• Safety: Rain for Rent’s vision is an environmentally safe and incident-free workplace commitment to safety that creates a safe work environment for our employees and customers. We use a “Core Four” approach that includes Training, Job Safety Analysis (JSA), Stop Work Authority (SWA) and the proper Personal Protective Equipment (PPE).

EXHIBIT B #1..
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8 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

PRICING SCHEDULE
All labor, equipment, tools, fuel and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 10.

QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner. **

STANDBY-RATES

ITEM/DESCRIPTION QTY UOM
UNIT
PRICE

EXTENDED
PRICE
18” DV400C PUMP OR EQUIVALENT (STANDBY)
(3)-PUMPS, FOR (3)-MONTHS 9 28 DAYS $ $
DELIVERY FEE 1 LOT $ $
PICKUP FEE 1 LOT $ $
ENVIRONMENTAL FEE 1 LOT $ $

MOBILIZED-RATES

ITEM/DESCRIPTION QTY UOM
UNIT
PRICE

EXTENDED
PRICE
18” DV400C PUMP OR EQUIVALENT (MOBILIZED)
(8) HOURS A DAY/ (7) DAYS A WEEK 3 LOT $ $
DELIVERY FEE 1 LOT $ $
PICKUP FEE 1 LOT $ $
ENVIRONMENTAL FEE 1 LOT $ $

ADDITIONAL CHARGES

ITEM/DESCRIPTION QTY UOM UNIT PRICE
STANDARD LABOR RATE 1 HR $
OVERTIME RATE 1 HR $
DOUBLE TIME RATE 1 HR $
PUMP SERVICE RATE (PER SERVICE HOURS) 1 JOB $
SERVICING OF PUMPS TO BE CONDUCTED EVERY (#) _________ HOURS SUBTOTAL $
TAX (7.875%) $
GRAND TOTAL $
SUBTOTAL $
TAX (7.875%) $
GRAND TOTAL $
6,125.00 55,125.00
1,000.00 1,000.00

0.00 0.00

0.00 0.00
56,125.00
4,419.84
60,544.84
9,000.00 27,000.00

90.00 90.00

90.00 90.00
270.00 270.00
27,450.00
2,140.43
29,590.43

85.00 127.50
170.00
450.00
400
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10 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response.

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):

Per Page 20 of RFB, Sample Rental Agreement, a sample copy of Rain for Rent Master Rental and Sales Agreement is included with submittal for the City of Modesto's review.

Western Oilfields Supply Company dba Rain for Rent
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REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT
11 REFERENCES
All Bidders must provide a list of five (5) current of former clients in the area provided below, identifying prior experience with the same type of products requested by the City under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references shall be deemed unacceptable and declared non-responsive.

The City may contact some or all of the references provided in order to determine the bidders’ performance record on work and equipment similar to that described in this bid. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.

Company Name: City of Modesto
Address: 1221 Sutter Avenue
City, State, Zip Code: Modesto, CA 95351
Contact Person: Robert Englent
Email Address: [email protected]
Telephone Number: 209-652-0326
Type of Business: Muncipality
Date of Service: 2021, 2020, 2018, 2017
Annual Contract Value $60,000.00
Company Name: Pescadero Reclamation District 2058
Address: 3650 West Canal
City, State, Zip Code: Tracy, CA 95376
Contact Person: Richard Pellegri
Email Address: [email protected]
Telephone Number: 209-482-2520
Type of Business: Municipality
Date of Service: 2021, 2020, 2019, 2018
Annual Contract Value $30,000.00
Company Name: Bay Cities Paving & Grading
Address: P.O. Box 6227
City, State, Zip Code Concord, CA 94524
Contact Person: Pablo Bernardo
Email Address: [email protected]
Telephone Number: 925-766-0836
Type of Business: Contractor
Date of Service: 2021
Annual Contract Value $120,000.00
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REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT
12 Company Name (Bidder): Western Oilfields Supply Company dba Rain for Rent

R EFERENCES-CONTINUED
Company Name: Turlock Irrigation District
Address: P.O. Box 949
City, State, Zip Code Turlock, CA 95381
Contact Person: Matthew Hazen
Email Address: [email protected]
Telephone Number: 209-883-8260
Type of Business: Muncipality
Date of Service: 2021, 2020
Annual Contract Value $50,000.00
Company Name: City of Stockton
Address: 425 North El Dorado Street
City, State, Zip Code Stockton, CA 95202
Contact Person: James Clark
Email Address: [email protected]
Telephone Number: 209-937-8763
Type of Business: Municipality
Date of Service: 2020
Annual Contract Value $44,000.00
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13 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
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15 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

FINANCIAL INTEREST DISCLOSURE FORM
COMPANY NAME: __________________________________________ NAMES
Signature / Print:

Signature / Print:

Western Oilfields Supply Company dba Rain for Rent
"N/A"
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16 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
of

LOCAL BUSINESS
Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by City Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager.

To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

Under penalty of perjury, The Undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:

N/A
N/A
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17 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFB submittal date) providing the types of products requested herein.

The company history statement shall be prepared on company letterhead. Bidder is required to provide with bid submittal.

See attached Company History Statement
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Pumps Tanks Pipe Filtration Spillguards
800 742 7246 | rainforrent.com
5101 Office Park Drive, Suite 100
Bakersfield, CA 93309

RAIN FOR RENT HISTORY STATEMENT
Our Heritage
Founded in 1934 by Charles Lake, Rain for Rent is a family-owned company that has transitioned from oilfield supplies to pioneering of the nation’s first irrigation equipment rentals to full service temporary liquid handling solutions. Still governed by the founding principles of hard work, honesty, integrity, commitment and good stewardship, the company is now in the capable hands of the third and fourth generations of the Lake family.

Products and Services
Our process begins with problem solving and ends after the effective deployment of manpower and equipment, including pumps, tanks, pipes, filtration and spill containment. Services range from emergency flood relief to construction site dewatering, sewer bypasses, industrial plant turnarounds and irrigation. #1..
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Pumps Tanks Pipe Filtration Spillguards
800 742 7246 | rainforrent.com
5101 Office Park Drive, Suite 100
Bakersfield, CA 93309
Rain for Rent Historical Timeline
1930s 1934: WOSCO founded to provide oilfield supplies including pipe, fittings, rags, nails, hatchets, used boilers and crown blocks. Began offering rentals of temporary water, gas and production pipelines and piston pumps for oilfield drilling operations. 1940s Steel replaced wood derricks and many oilfield supply products became obsolete. Sold and rented as pipe reclaimed boiler tubes from scrapped railroad steam engines. Manufactured and rented 8’- 9’-diameter tanks. In 1948, Rain for Rent® brand was launched as nation’s first irrigation equipment rental company. Manufactured 12”-48” steel pipe for water well contractors. 1950s Expanded into the sprinkler irrigation business. Foundry was built to manufacture aluminum couplers and fittings.
1960s New locations opened throughout California, Idaho and New Mexico. Acquired an aluminum pipe mill and began manufacturing mainline and gated pipe.
1970s Acquired West Side Pump. Opened the first Irrigation Store™ and added drip tape and micro sprinklers. Awarded our first international job in the Middle East. 1980s Acquired Crown American Irrigation, Water Flow Products and ASC Tubing. Formed Lake Leasing Company as an alternative to sales and rentals.
1990s Acquired Land Marine Tank Rental and Frac Tanks, Inc. Started nationwide expansion to progress our services to industrial markets. PowerPrime™ Pumps created to develop and build portable automatic priming pumps.
2000s Added specialty rental products including Spillguards, filtration and instrumentation. Acquired Hinson Pumps. FreezeSentry™ product line of blankets and glycol heaters launched. Developed the DV600 – the largest portable centrifugal pump available for rental. 2010s Provided pumping expertise to numerous flooding events, such as the Omaha Flood and Hurricanes Katrina, Sandy, Matthew, Harvey and Florence. Launched WORKSAFE® line of patented safety products. Created hydraulic projects smartphone apps for engineers and project managers to use in the field. Expanded locations into the UK and Europe, creating Rain for Rent International.

As a leading provider of temporary liquid handling, Rain for Rent “solution benefits” include:
 Safety: Rain for Rent’s vision is an environmentally safe and incident-free workplace. Our commitment to safety creates a safe work environment both for our employees and customers. Our safety record speaks for itself with an EMR of 0.99.
 Cost Savings: By relying on the Rain for Rent professionals to design and operate a system that works right the first time, you can focus on your core business. Our pumps are engineered to perform at the lowest cost per gallon pumped in the industry, putting dollars back in your pocket.  Engineered Systems: Rain for Rent’s skilled sales representatives are backed by an experienced team of engineers to design your system and ensure it works right the first time.  Installation and Service: Our operations team will safely install and service our equipment on your jobsite to make sure it works day and night.
 Availability and Quality: Rain for Rent has one of the largest rental fleet of pumps, pipe, tanks and filtration systems in the United States. Our products are the best in the industry because we know from experience what it takes to do a job well: quality design and manufacturing combined with intuitive features that make operation safer, easier and more efficient.
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18 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

ADDENDA ACKNOWLEDGEMENT
The bidder shall check the RFB listing on the City’s Planet Bid website, periodically, and in any event, no later than the day prior to bid opening to obtain any addenda information. The changes identified in the addenda modify this request for bid and specifications. The addenda now become a part of this request for bid and specifications. Signing the Bid on the signature portion thereof, the bidder is acknowledging that the bidder has confirmed that he or she has received all addenda issued for this request for bid and specifications, and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of the addenda to this sheet nor include them with the bid.

This document is only required to be returned should addenda have been issued.

The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:

LIST ALL ADDENDA NUMBERS: _____________________________________________________ Company Name (Bidder): Western Oilfields Supply Company dba Rain for Rent "N/A" as of November 12, 2021
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19 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

PUMP CURVE AND SPECIFICATIONS
Bidder is requested to provide pump curve and specifications with bid submittal.

See attached Cut Sheet with Pump Curve
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Sewage and Trash Pump
Overview:

Features:

Specs:

The 18” suction x 16” discharge self-priming centrifugal DV400c trash pump provides up to a maximum of 16,000
gallons per minute pumping and up to 200 feet of head. This pump is usually mounted on a skid and features the standard vacuum priming system which allows it to run continuously, unattended and even run dry.

DV400c
Accessories:
• Spillguard
• Suction and Discharge Hoses
• Fuel Nurse Tank
• VFD for electric driven models
Maximum Flow 16,000 GPM
Maximum Head 200 feet
Pump Size 18” x 16”
Maximum Solids Handling 4.5 inches
Dry weight 14,793 lbs.

Footprint: Trailer mounted model 192” x 96”
Fuel tank 100 gallon
Max Fuel Consumption* 23.4 GPH @ 1650 RPM
• Continuous self-priming
• Runs dry unattended
• 12 volt, electric start with auto-start capable control panel • 60 CFM vacuum pump priming system
• Cast iron wet end with open impellers
• Replaceable wear plates
• Pedestal Mounted
• Suction lift up to 28ft.
800-742-7246
rainforrent.com
PUMPS • TANKS • FILTRATION • PIPE • SPILLGUARDS
Rain for Rent is a registered trademark of Western Oilfields Supply Company. Features and specifications are subject to change without notice. *Actual values may vary depending on pump duty point.
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20 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

SAMPLE RENTAL AGREEMENT
Bidder is requested to submit a sample rental agreement for review with bid submittal.

See attached Rain for Rent Master Rental & Sales Agreement #1..
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RAIN FOR RENT

CREDIT APPLICATION

MASTER RENTAL & SALES AGREEMENT
Account No. _________________
APPLICANT: (IF INDIVIDUAL, LAST NAME, FIRST NAME, MIDDLE INITIAL) TELEPHONE:
.

CELL PHONE:

Name or Style Under Which You Do Business (DBA) FAX:

ADDRESS CITY STATE ZIP

BILLING ADDRESS (IF DIFFERENT) CITY STATE ZIP
Year Established: Federal Tax ID #: Contractor License # D & B Number: Web Address: E MAIL:

Primary SIC Code: TYPE OF BUSINESS: Number of Employees Annual Revenue: Stock Symbol if Publicly Traded:

INDIVIDUAL CORPORATION GENERAL PARTNERSHIP LIMITED PARTNERSHIP

JOINT VENTURE LIMITED LIABILITY PARTNERSHIP LIMITED LIABILITY COMPANY

NAME & ADDRESS OF PARENT CORPORATION
CORPORATE OFFICERS or PARTNERS (IF LIMITED PARTNERSHIP NAME OF GENERAL PARTNER) or MEMBERS or INDIVIDUALS ( LIST SPOUSE) NAME ADDRESS SOCIAL SECURITY OR TAX I. D. No.

1. 2.

3. CREDIT REFERENCES : (LARGEST SUPPLIERS OR VENDORS) ADDRESS PHONE # FAX #

1. 2.

3. FINANCIAL INFORMATION: NAME CITY STATE PHONE # FAX# ACCOUNT #

1. BANK:

LOAN OFFICER:

2. LENDING INSTITUTION:

LOAN OFFICER:

PURCHASE INFORMATION:

P.O.’S REQUIRED ESTIMATED ANNUAL PURCHASES: Have you ever filed for Bankruptcy? YES NO $ YES NO
SALES TAX INFORMATION: EXEMPT NON-EXEMPT RESALE CERTIFICATE/EXEMPTION #:

ADDITIONAL INFORMATION:

Customer’s Statement: Read this statement before you sign it.

All information I have given in this application is true and correct. I have read this document in its entirety both front and back and acknowledge that no verbal representations were made to induce the signing of this agreement. By signing below this Application For Credit, Master Rental and Sales AGREEMENT, I agree to comply with and be bound by all terms and conditions contained herein. I understand that you will confirm the information and retain the application whether or not my application is approved. You are also authorized to receive information about my credit. You can answer questions and requests from others for credit and experience information about me and the applicant on existing accounts with you. I authorize my bank and other lending institutions to release to WESTERN OILFIELDS SUPPLY COMPANY dba RAIN FOR RENT financial information to support my application. ___________________________________ _________________
Customer/Authorized Signature & Title Date
__________________________________ _________________
Customer/Authorized Signature & Title Date

1. The terms and conditions of the rental and sale of any equipment (“Equipment”) by Rain For Rent, Western Oilfields Supply Company, its subsidiaries and affiliates (collectively, “Rentor”) to the Applicant (“Rentee”) are stated in this Master Rental and Sales Agreement (“Agreement”), as supplemented by any Rentor invoice to Rentee (“Invoice”), any delivery documents, and any documents from Rentor regarding the use or handling of Equipment, or Rentor’s consent under § 3(a).

2. Rentee shall pay to Rentor within 30 days (“Due Date”) of the date of an Invoice all Equipment rental, sales and other charges (if any) stated therein (“Invoiced Charges”) and interest at the rate of 1.5% per month (or if less, the highest rate permitted under law) on payments not received by the Due Date. Payments will be credited first against accrued interest and then Invoiced Charges. Rentee agrees that all funds from anyone or received by Rentee to the extent those funds result from the labor, material or Equipment supplied by Rentor shall be held in trust for benefit of Rentor ("Trust Funds"). Rentee agrees it has no interest in Trust Funds Held by anyone and to promptly account for and pay to Rentor all Trust Funds.

3. (a) RENTEE SHALL NOT PERMIT THE PRESENCE OF ANY HAZARDOUS WASTE IN EQUIPMENT WITHOUT RENTOR’S PRIOR WRITTEN CONSENT. (b) RENTEE

SHALL NOT PERMIT ANY EQUIPMENT TO BE USED FOR THE STORAGE, SHIPMENT OR CARRIAGE OF ACUTE HAZARDOUS WASTE WITHOUT RENTOR'S PRIOR WRITTEN CONSENT. FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL RENTEE PERMIT ANY EQUIPMENT TO BE USED FOR THE STORAGE, SHIPMENT OR CARRIAGE OF ULTRA HAZARDOUS WASTE. (c) RENTEE IS PROHIBITED FROM PLACING IN THE EQUIPMENT ANY MATERIAL THAT CAUSES OR IS SUSPECTED TO CAUSE CORROSION, INCLUDING, BUT NOT LIMITED TO, COPPER-BASED FUNGICIDE ,CHAMP FLOABLE, KOCIDE 101, KOCIDE 606, COPPER-COUNT-N, AND RIDOMIL-COPPER FUNGICIDE. (d) Rentee shall advise Rentor of the exact location and condition of the Equipment when requested by Rentor. Rentee agrees that Rentor may inspect any Equipment at any time and at any place where Equipment is located.

4. All Equipment will be delivered to Rentee at the location set forth in the relevant Delivery Document and Rentee's execution of a Delivery Document shall be conclusive evidence that the relevant Equipment has been delivered to Rentee. Rentee agrees that this Agreement shall govern all “delivery without signature” deliveries should Rentee fail or be unable to sign the Delivery Document. At the option and cost of Rentee, Rentor may (but shall not be obliged to) provide (a) delivery and return freight services and/or (b) installation services, any such services shall be carried out during the term of the rental, (c) Rentee acknowledges that Equipment may have contained hazardous materials and/or environmental contaminants (“Contaminants”). Rentee may, at its sole option and expense, test any Equipment prior to taking delivery of it from Rentor. If Contaminants are detected in any Equipment prior to Rentee taking delivery thereof, Rentee may terminate its rental of the Equipment. IF RENTEE ELECTS NOT TO (I) TERMINATE ITS RENTAL

OF THE EQUIPMENT OR (II) TEST THE EQUIPMENT, RENTEE SHALL THEREBY WAIVE ANY RIGHT TO OBJECT TO THE PRESENCE OF CONTAMINANTS IN ANY EQUIPMENT OR MAKE ANY CLAIM AGAINST RENTOR IN RESPECT THEREOF. #1..
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5. Rentee shall (a) use all Equipment only as permitted under this Agreement in a safe, careful and proper manner (“Permitted Uses”); and (b) at Rentee’s sole cost and expense, maintain all Equipment in good repair and working order (“Maintenance/Repair”), including but not limited to safety features, any meter that measures hours of Equipment use (“Equipment Use Meter”), and belts, and will replace lubricants, oil and filters at least every 250 hours. Rentee shall not allow any Equipment to come into contact with any substance(s) that may cause damage. Rentee shall not modify, or make any attachments to, any Equipment. Upon Rentee’s written request, Rentor may provide Maintenance/Repair of Equipment and add Rentor’s then current retail charges for such Maintenance/Repair to Rentee’s Invoice. Rentee shall be responsible for any damage, harm or liability to any Equipment, Rentor, Rentee or another, which is related to modification or removal of any Equipment safety feature (including, but not limited to, guards, shrouds, railings, oil pressure, water temperature, pump discharge components).

6. During any day an Equipment Use Meter is not operating, the Equipment rental charge shall be for 24 hours of use. The rental rate for pumps and equipment with hour meters are based on an 8 hour day or 48 hour running week. The rental rate will be multiplied by 1.5 for greater than 8 hours per day or 49-96 operating hours per week and multiplied by

2.0 for more than 16 hours per day or 96 operating hours per week. Rentee shall be responsible for environmental fees covering waste fluid, fuel, filter and other disposal costs and for any fuel, product, maintenance and service related sur-charges. The environmental fee is not a government mandated charge. Rentee is responsible to comply with Fugitive Dust Provisions of Air Quality Management Districts. All taxes, levies, fees or assessments against Rentee, Rentor or Equipment due to Rentee’s use of any Equipment, or Rentee’s payments to Rentor (except Rentor’s income tax liability as to such payments). At Rentor’s sole option, Rentee shall either pay such amounts directly or shall reimburse Rentor for such amounts.

7. Rentee shall be liable for all damage to, or loss of, any Equipment regardless of cause or insurance coverage (collectively, “Loss”) . Loss of any Equipment shall not relieve Rentee from its obligations under this Agreement. In the event of a Loss, Rentee shall promptly notify Rentor of the Loss (and in any event within 48 hours after Rentee’s knowledge of such Loss), and shall promptly pay to Rentor: (a) the fair market value of Equipment or the cost of repair, as determined by Rentor in its sole and arbitrary discretion, (b) all rental charges up to the date Rentee pays Rentor the full amount of repair or replacement, (per §7(a)), and (c) all other amounts owed under this Agreement. Rentee shall be responsible for proper disposal of Loss Equipment but may not dispose of any Equipment until Rentor has been notified in writing and Rentee has paid all amounts due in full.

8. Rentee shall carry at its own expense (a) Commercial General Liability insurance $1,000,000 combined single limit per occurrence, $2,000,000 aggregate and Business Automobile Liability insurance covering all owned, hired and non-owned vehicles in the amount of $1,000,000 combined single limit each occurrence for damage or loss or personal injury, death or property damage occurring upon premises occupied by Rentee, or in connection with services rendered by Rentee, or Rentee’s ownership, rental, subrental, maintenance or operation of any equipment or vehicle of any kind, (b) “all risk” property insurance covering the Equipment in an amount not less than full replacement value, and (c) sudden and accidental pollution coverage. All such insurance shall: (a) be in a form reasonably acceptable to Rentor; (b) name Rentor as an additional insured, loss payee, or both, as appropriate; (c) include a cross-liability clause; (d) provide a waiver of subrogation in favor of the Rentor; (e) be primary and without contribution from Rentor or its insurance carrier(s); and (f) require the insurance carrier to provide Rentor at least 30 days advance written notice of cancellation, expiration or material modification of such insurance. Should the Rentee’s business include interstate or intrastate transportation of hazardous cargoes as defined by the Motor Carrier Act of 1980 (as amended), Rentee shall provide evidence of compliance with the financial responsibility requirements of the Motor Carrier Act (Form MCS-90). If higher limits or other forms of insurance are required by the Rentor, Rentee will comply with such requirements. Rentee shall provide written evidence of the insurance required hereunder from time to time, as requested by Rentor.

9. Rentee shall keep all Equipment free of any mortgage, pledge, encumbrance, charge, security interest, lien, or other claim or encumbrance against, created or suffered by, Rentee. Rentee shall not assign this Agreement, and shall not subrent, sublease or otherwise permit any person (other than Rentor) to use or possess any Equipment.

10. Rentee shall return all Equipment (a) to location(s) specified by Rentor (and safely stack any irrigation pipe), (b) in the same condition as when it was delivered to Rentee, and in good and efficient operating condition excluding normal wear and tear (c) free from Rentee’s signs or markings, and (d) in clean condition, and free of measurable amounts of Contaminants. Rentor may have Equipment tested for Contaminants, and if the presence of Contaminants is confirmed, the cost of all testing and elimination of Contaminants from the Equipment shall be at Rentee’s expense. All filtration media including, without limitation, carbon, sand, cartridges, bags, coalescing packs are the property of the Rentee and must be removed from the rental Equipment prior to return.

11. ALL EQUIPMENT IS RENTED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY (a) THAT IT IS FIT FOR ANY PARTICULAR PURPOSE; (b) REGARDING CLAIMS OF PATENT OR COPYRIGHT INFRINGEMENT; (c) OF QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY, MECHANTABILITY,

PERFORMANCE, MATERIAL OR WORKMANSHIP, OR AGAINST HIDDEN OR LATENT DEFECTS AND ALL SUCH RISKS ARE TO BE BORNE BY RENTEE AT ITS SOLE

COST AND EXPENSE, AND RENTEE WAIVES ALL RIGHTS AND REMEDIES IT MAY HAVE UNDER THE UNIFORM COMMERCIAL CODE DEEMED APPLICABLE TO THIS AGREEMENT. RENTOR SHALL NOT BE RESPONSIBLE FOR DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES, ARISING OUT OF RENTEE’S RENTAL OR USE OF THE EQUIPMENT.

12. Rentee shall hold harmless, indemnify and defend the Rentor Group from Losses arising from, in connection with or related to Claims. “Rentor Group” means Rentor, its successors, assigns, parents, subsidiaries and affiliates, and their respective shareholders, representatives, directors, officers, employees and agents. “Losses” means all losses, attorney’s fees and costs, other fees, costs, expenses, claims, liabilities, damages, penalties and fines. “Claims” means all lawsuits, judgments, administrative rulings or decisions, claims, arbitration awards, arising from, in connection with or related to (a) Rentee’s failure to comply with §5, (b) any Default (as defined in §13), (c) the use, possession, renting, leasing, subleasing, operation, transportation, maintenance, condition, repair, replacement, return and/or storage of any Equipment, (d) any pollution, contamination, environmental impairment and/or similar condition directly or indirectly caused by or resulting in whole or in part from Rentee’s use of any Equipment or (e) any environmental statutory or regulatory compliance requirements applicable to any equipment (or any use thereof) and required under any and all foreign or domestic federal, state or local laws, treaties, ordinances, regulations, codes, rules, orders, guidelines, policies or requirements of any governmental authorities which regulate or impose standards of liability or conduct concerning air, water, soils, wetlands and watercourses, solid waste, hazardous waste and/or materials, worker and community right-to-know, noise, resource protection, health protection and similar environmental, health, safety, and land use concerns as may now or at any time hereafter be in effect. This indemnification shall survive the termination of the Agreement.

13. Should the Rentee in any way fail to perform, observe or keep any provision of this Agreement (“Default”), Rentor may at its option do any one or more of the following:
(a) terminate this Agreement; (b) declare all amounts payable hereunder due and immediately payable and commence legal action therefor; (c) retake possession of the Equipment, holding the Rentee liable for all rental and other charges and for all costs and fees incurred in connection with the retaking of the Equipment; or (d) pursue any other remedies available by law. Default includes but is not limited to, filing under any bankruptcy, reorganization, receivership, insolvency, moratorium or other laws relating to the relief of debtors, readjustment of indebtedness, financial reorganization, arrangements with creditors, compositions or extensions of indebtedness; or insolvency of Rentee. The Rentee certifies by signing this Agreement they are financially solvent as of the date signed and that they will immediately notify Rentor of a material adverse change in their financial condition.

14. CRIMINAL WARNING: the use of false identification or information to obtain Equipment or failure to return the Equipment by the Due Date may be considered a theft subject to criminal prosecution pursuant to applicable criminal or penal code provisions.

15. Notices shall be deemed given when sent by telecopy (with reasonable confirmation of receipt), or by reputable overnight delivery courier to Rentor or Rentee at its address stated on page 1 of this Agreement, or such other address from time to time designated in writing by the party to which notice is to be given.

16. (a) Absent a written mutual agreement to the contrary, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Each party to this Agreement shall share equally in the costs and fees arising out of the arbitration, including the arbitrator's fees and administrative fees. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. California law shall govern this Agreement notwithstanding any choice of law to the contrary. The Agreement shall be enforced as if any provision, which has been finally determined by a court of competent jurisdiction to be invalid under any applicable laws or regulations, was omitted. (b) Rentee shall execute and deliver such instruments and assurances as Rentor requests to confirm or perfect this Agreement or Rentor’s rights under this Agreement. Rentee shall provide information needed by Rentor to accurately prepare and file all tax returns and reports concerning the Equipment. (c) Any failure of Rentor to require strict performance by Rentee of any provision(s) of this Agreement shall not waive or diminish Rentor’s right thereafter to demand strict compliance therewith or with any other provision. Any waiver by Rentor of a default by Rentee shall not constitute a waiver of any other default by Rentee. (d) This Agreement (i) represents the entire agreement and understanding of the parties with respect to the subject matter of this Agreement, and (ii) the Agreement may be executed in any number of counterparts, which shall together constitute one contract. (e) No provision of this Agreement shall be waived, modified, altered, or amended, except in writing signed by the party to be charged. (f) Rentee shall have no right or option to buy any Equipment except as otherwise stated in an Invoice. Rentee shall acquire no ownership interest or equity in any Equipment due to payment of rent to Rentor. All Equipment shall remain personal property and shall not become a real property fixture. (g) A defaulting party shall pay all damages, costs and expenses including, without limitation, attorney and accounting fees, reasonably incurred by the other party by reason of such default, with or without litigation.

17. Additional Terms and Conditions for Sales: (a) Terms and Conditions. The above terms and conditions, as applicable, are hereby incorporated into any Sales transactions.

References to “Seller” will include “Rentor” and references to “Buyer” will include “Rentee”. (b) Delay. Seller shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond seller’s control, including without limitation, strikes, lockouts, fires, embargoes, war or other outbreak of hostilities, acts of God, inability to obtain shipping space, machinery breakdowns, delays of carriers or suppliers, and domestic or foreign or governmental acts or regulations. (c) Waiver. All claims shall be deemed waived unless made in writing, delivered to seller within 10 days after receipt of goods by buyer. (d) Inspection. Buyer shall afford seller prompt and reasonable opportunity to inspect goods as to which any claim is made as above stated. Seller reserves the right, in its sole discretion, to repair or replace any claimed defect in the goods. (e) Cancellation of Merchandise.

Cancellation of standard items may be honored only if the request is received prior to shipment. Custom made or special items may not be canceled unless cancellation precedes the in-process manufacture of the item. (f) Manufacturer Warranties. Buyer must comply with all original manufacturer’s terms and conditions for any warranty claims that may arise. Seller does not warranty the merchandise sold beyond the terms of such warranty offered by the manufacturer, if any. Neither Rain For Rent nor the manufacturer warranties the product if it has failed due to corrosion, misuse or damage; (2) it has been altered, repaired or modified in any way that would adversely affect its operation; or (3) it was installed or operated other than in accordance with manufacturer’s operating instructions.

18. In this Agreement, the following terms shall have the respective meanings given to them: (a) "Acute Hazardous Waste" means any and all Contaminants, hazardous waste, materials and substances (including, without limitation, polychlorinated biphenol contaminants (PCBs), pentachlorophenols and normally occurring radioactive materials (norm) but excluding Ultra Hazardous Waste; (b) "Ultra Hazardous Waste" means any (i) radioactive, corrosive, explosive or biological waste and materials (but excluding naturally occurring radioactive materials (norm)) and/or (ii) hazardous, toxic or dangerous waste, material or other substance, whether solid, liquid or gas, as defined in the Resource Conservation and Recovery Act of 1976 (as amended from time to time) and any successor legislation thereto or regulations promulgated pursuant thereto.

Initial here: ________________ Revision 02/01/2021
#1..
- 42 -
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
a Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the
requester. Do not
send to the IRS.

Print or type.

See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) a
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):

Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number
––
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign
Here Signature of
U.S. person a Date a
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)
Western Oilfields Supply Company
Please see attached page 2
✔
5 3404 State Road
Bakersfield, CA 93308
95 1362750
Maston Cunningham, CFO
1/4/2021
Zoho Sign Document ID: NXZHSXR5BFURQH7VE4PVXBTI-SK_QL5GF80H8NM84Q8 #1..
- 43 -

Page 2 of 2 ends

WESTERN OILFIELDS SUPPLY COMPANY

LIST OF DBA/TRADEMARKS
FEDERAL IDENTIFICATION NUMBER 95-1362750
WESTERN OILFIELDS SUPPLY COMPANY – A DELAWARE CORPORATION Western Oilfields Supply Company
dba Rain for Rent
dba Lake Company
dba Lake Leasing Company
dba West Side Pump
dba Lake International
dba Power Prime Pumps
dba WOSCO Leasing
dba Frac Tanks Inc.
dba Spur Leasing
dba Hinson Pump Rental, Inc.

Zoho Sign Document ID: NXZHSXR5BFURQH7VE4PVXBTI-SK_QL5GF80H8NM84Q8 #1..
- 44 -

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
9/24/2021
McGriff Insurance Services
1500 Riverfront Drive
Little Rock, AR 72202 501-661-4881
John Pierron
Rhonda Allen
[email protected]
Western Oilfields Supply Co.

DBA Rain for Rent
3404 State Road
Bakersfield CA 93308
64116297
Sample Certificate of Insurance
A EG7172346 10/1/2021 10/1/2022 1,000,000
500,000
25,000
1,000,000
Contractual Liability
2,000,000
2,000,000
B CA7568925 (AOS) 10/1/2021 10/1/2022 1,000,000
B CA7568927 (MA) 10/1/2021 10/1/2022
C WC016393381 (AOS) 10/1/2021 10/1/2022
B XWC1647297 (CA) 10/1/2021 10/1/2022 1,000,000 C N WC016393382 - NY 10/1/2021 10/1/2022 1,000,000
1,000,000
AIG Specialty Insurance Company 26883
National Union Fire Ins Co Pittsburgh PA 19445
AIU Insurance Company 19399
64116297 | RAINF-1 | 21/22 AllStates (Master) | Shelia Still | 9/24/2021 11:43:42 AM (CDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates. #1..
- 45 -
1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2021-67
FOR
“STAND-BY” PUMPS DV400C OR EQUIVALENT
BID OPENING: NOVEMBER 16, 2021 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5406
EXHIBIT C #1..
- 46 -
2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO 2021-67

TABLE OF CONTENTS
Page
. Notice to Bidders ................................................................................................................ 3 . City Contacts ...................................................................................................................... 4 . Calendar of Events.............................................................................................................. 4 . Offer and Acceptance ......................................................................................................... 4 . Covid-19 Response ............................................................................................................. 5 . Submittal Checklist............................................................................................................. 6

REQUIRED DOCUMENTS
. Bid Acknowledgement (Signature Form) ........................................................................ 7 . Pricing Schedule (Signature Form) ............................................................................... 8-9 . Exceptions, Clarifications, Amendments (if applicable) ................................................. 10 . References.................................................................................................................... 11-12 . Financial Interest Disclosure Form (Signature Form) .............................................. 13-15 . Support of Local Vendors (if applicable) ......................................................................... 16 . Company History Statement ............................................................................................ 17 . Addenda Acknowledgement Page (if applicable) .......................................................... 18 . Pump Curve and Specifications …....................................................................................19 . Sample Rental Agreement …....…....................................................................................20

TECHNICAL SPECIFICATIONS AND REQUIREMENTS
. Scope of Work .................................................................................................................. 21 . Specification Requirements .............................................................................................. 21 . Delivery ........................................................................................................................... 22

GENERAL TERMS AND CONDITIONS
. Bid Submittal .................................................................................................................... 24 . Acceptance/Rejection of Irregular Bids ........................................................................... 24 . Complete Bid Document .................................................................................................. 24 . Compliance / Non-Compliance ........................................................................................ 25 . Pricing Format .................................................................................................................. 25 . Pricing Schedule ............................................................................................................... 25 . Award of Bid .................................................................................................................... 25 . Term of Agreement .......................................................................................................... 26 . Termination of Services ................................................................................................... 26 . Quantities .......................................................................................................................... 26 . Funding ............................................................................................................................. 26 . Other Government Agencies ............................................................................................ 26 . Protest and Appeal Procedures ....................................................................................27-30 . Payment ............................................................................................................................ 31 . Sample Annual Purchase Agreement ......................................................................... .32-36 . Sample Agreement (for Mobilization) ....................................................................... .37-48 #1..
- 47 -
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for “Stand-By” Pumps DV400C or Equivalent for the Utilities Department, Wastewater Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Bidders are highly recommended to download all documents from the City’s Purchasing website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such bids shall include all necessary specifications.

Each bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior Tuesday, November 16, 2021 at 11:00 A.M., at which time bids will be opened, read and recorded.

All bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Bids will be received only at the address shown above, and prior to the time indicated. Any bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the bidder unopened.

All bids, whether delivered by an employee of the bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated. The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.

The City of Modesto assumes no responsibility for delay in the delivery of the bid.

On the outside of both the bid envelope and courier envelope, the bidder shall indicate the following:

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT
BID OPENING DATE: NOVEMBER 16, 2021 AT 11:00 A.M.

MAIL TO: CITY CLERK COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

No bidder may withdraw his/her bid for a period of ninety (90) days after the date set for the opening thereof.

Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders. #1..
- 48 -
4 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Carol Wattle, Buyer, via email at: [email protected].

All contacts during the bid process shall be through the Purchasing Division. Attempts by the bidder to contact department representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued October 26, 2021
Written Questions Due November 2, 2021
Addendum Issued (if required) November 9, 2021(approximate date) Response Due PRIOR 11:00 A.M. on Tuesday, November 16, 2021 Bid Award Date Approximately February, 2022
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded an agreement they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in the City agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City agreements signed by the City's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions. #1..
- 49 -
5 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT
COVID-19 RESPONSE
The City of Modesto is doing our part to slow the spread of COVID-19. The City of Modesto will be broadcasting bid openings electronically via Microsoft Teams at 11:00 a.m. PT on Tuesday, November 16, 2021. The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, November 16, 2021. The public bid opening for RFB 2021-67, “Stand-By” Pumps DV400C or Equivalent will be available using the URL link, video system or via phone provided below. By submitting your bid for the above-stated RFB you acknowledge, understand, and agree to this modified bid opening procedure.

URL - https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?context=%7 b%22Tid%22%3a%22125ccacf-fc61-463c-9976-189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997- 4dd7-8984-12cd4deaa705%22%7d
Click here to join the meeting
+1 469-998-7409 United States, Dallas
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Carol Wattle, by email at [email protected] or telephone at (209)577-5406.
#1..
- 50 -
6 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 11:00 A.M. on the bid opening date.

Failure to provide all the required documents may cause the bid to be considered non-responsive.

COMPLETE BID Page No.
. Bid Acknowledgement (Signature Form) ........................................................................ 7 . Pricing Schedule (Signature Form) ............................................................................... 8-9 . Exceptions, Clarifications, Amendments (if applicable) ................................................. 10 . References.................................................................................................................... 11-12 . Financial Interest Disclosure Form (Signature Form) .............................................. 13-15 . Support of Local Vendors (if applicable) ......................................................................... 16 . Company History Statement ........................................................................................... 17 . Addenda Acknowledgement Page (if applicable) ........................................................... 18 . Pump Curve and Specifications ....................................................................................... 19 . Sample Rental Agreement ….…....................................................................................... 20

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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-67
BY-PASS PUMPS DV400C

BID ACKNOWLEDGEMENT
The City is soliciting bids from qualified Bidders to furnish its requirements per the specifications, terms and conditions contained in the above referenced bid number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response.

Obligations assumed by such signature must be fulfilled.

1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the bid. (b) Quote price as specified in bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Bid: If you are not submitting a bid but want to remain on the mailing list and receive future bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the bidder or the RFB gives notice of an all-or-none award, the City may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding agreement without further action by either party. The agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the agreement or purchase order.

6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the bidder’s expense.

7. Rights and Remedies of Agencies for Default: (a) In the event any item furnished by the bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the bidder with its bid, the City may reject the same, and it shall thereupon become the duty of the bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the bidder fail, neglect or refuse so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the agreement or purchase order and the actual cost thereof to the City. In the event that the bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the bidder. (c) The rights and remedies of the Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the agreement.

8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFB, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the City’s check.

9. California Government Code Section 4552: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.

11. Two “Inked” Signed Original Bid Document Requested: Failure to furnish at least one “inked” signed original bid documents may result in disqualification.

THE undersigned acknowledges receipt of the referenced RFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the bidder indicated below, in accordance with the specifications, terms and conditions of this RFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
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8 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

STANDBY-RATES

ITEM/DESCRIPTION QTY UOM
UNIT
PRICE

EXTENDED
PRICE
18” DV400C PUMP OR EQUIVALENT (STANDBY)
(3)-PUMPS, FOR (3)-MONTHS 9 28 DAYS $ $
DELIVERY FEE 1 LOT $ $
PICKUP FEE 1 LOT $ $
ENVIRONMENTAL FEE 1 LOT $ $

MOBILIZED-RATES

ITEM/DESCRIPTION QTY UOM
UNIT
PRICE

EXTENDED
PRICE
18” DV400C PUMP OR EQUIVALENT (MOBILIZED)
(8) HOURS A DAY/ (7) DAYS A WEEK 3 LOT $ $
DELIVERY FEE 1 LOT $ $
PICKUP FEE 1 LOT $ $
ENVIRONMENTAL FEE 1 LOT $ $

ADDITIONAL CHARGES

PRICING SCHEDULE
City Business/Delivery License No. __________ Expiration Date: __________ A City Business License is not required at the time of the bid, however, please note the License No. if bidder should already have one. (See Section 1.5 for further details) Stated pricing is net to the City, exclusive of Federal Excise tax, California State, Local, Sales and Use tax.

Stated pricing is subject to ______ percent (______ %) cash discount if invoice is paid within ______ days after receipt of order.

Does bidder accept the City’s Epay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.19 Payment.

Company Name (Bidder):

By (Person Submitting Bid): (Print)
By (Person Submitting Bid): (Signature)
Title of Person Submitting Bid:

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:
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10 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response.

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
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11 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

REFERENCES
All Bidders must provide a list of five (5) current of former clients in the area provided below, identifying prior experience with the same type of products requested by the City under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references shall be deemed unacceptable and declared non-responsive.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
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12 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

REFERENCES-CONTINUED
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):
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13 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

FINANCIAL INTEREST DISCLOSURE

FinDisclosure12-19
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14 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name, on page 15.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.

2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete.

The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

By signing this document, I agree to the information contained within.

COMPANY NAME: ____________________________________________________

__________________________________
APPLICANT’S NAME (SIGNATURE):

__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
DATE: ____________________________
Applicable Names: (if any, use page 15)
(See attached list)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application. #1..
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15 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

FINANCIAL INTEREST DISCLOSURE FORM
COMPANY NAME: __________________________________________ NAMES
Signature / Print:

Signature / Print:

Signature / Print:
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16 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
of

To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

Under penalty of perjury, The Undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:
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17 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

The company history statement shall be prepared on company letterhead. Bidder is required to provide with bid submittal.

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18 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

This document is only required to be returned should addenda have been issued.

The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:

LIST ALL ADDENDA NUMBERS: _____________________________________________________ Company Name (Bidder):
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19 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

PUMP CURVE AND SPECIFICATIONS
Bidder is requested to provide pump curve and specifications with bid submittal. #1..
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20 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

SAMPLE RENTAL AGREEMENT
Bidder is requested to submit a sample rental agreement for review with bid submittal. #1..
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21 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The Utilities Department, Wastewater Division is requesting bids for “Stand-By Pumps DV400C or Equivalent, which may or may not include mobilization. Pumps are to be held on “stand by” within 50 miles of the Sutter Wastewater plant 1221 Sutter Ave, Modesto, CA 95351 until mobilization is requested, and used as emergency assets in the event of a failure to existing system during cannery season July to September.

1.2 TECHNICAL SPECIFICATIONS:

Bidder shall provide pricing for rental pumps and supporting labor that meet the requirements listed below.

1. Pumps shall be DV400C or an equivalent
a. Non-Electric, Diesel only
b. Bidders will supply Diesel Fuel for pump maintenance while on standby c. City will supply the Diesel Fuel, if pumps are deployed

2. Rental pumps shall meet or exceed the following specifications:
a. Discharge Flange 16”
b. Fuel Capacity of 100 gal, minimum
i. Diesel
c. Impeller Diameter of 22”
d. Capable of pumping a minimum of 8,333 gpm with a total dynamic head of 45’ e. Be self-priming
f. Pass 4.5” solids
g. 28’ suction lift
h. Able to run dry

3. Pumps are to be held at a facility within 50 miles of the City of Modesto Sutter Wastewater plant at 1221 Sutter Ave, Modesto, CA 95351.

4. Bidders shall be responsible for providing all of the necessary equipment to deliver including off loading and servicing the pumps.

5. Bidders shall have the standby pumps available immediately upon notice, working with City Staff to deliver the pumps on site within 24hrs.

6. The pumps shall be on standby from July to September. This is equal to three (3) twenty-eight (28) day billing cycles.

7. Equipment Operators are to be made available if required by the City.

8. Standby pumps shall be serviced and/or started in regular intervals (i.e. Weekly, bi-weekly, monthly, etc.) to ensure that pumps will be in good working order should mobilization be required. #1..
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22 1.3 DELIVERY:

Location: Wastewater Treatment
1221 Sutter Ave.

Modesto, CA 95351
Days of Week or
Delivery Hours: as specified by Division
All deliveries for mobilization shall be made within twenty-four (24) hours upon notice from City Staff request.

Each delivery shall be signed for by an approved onsite City Staff, if delivered to a specific project site. Tags without proper City signatures will not be paid. (If City forces are not present at the site when product is delivered, it will be the responsibility of the Contractor to contact the City within twenty-four (24) hours to verify delivery receiving written confirmation by City).

1.4 CONTRACTUAL CHANGES:

Changes of a contractual or business nature shall be affected only by written change to the agreement by the City of Modesto, Purchasing Division.

1.5 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.

1.6 INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.

A. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and $2,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations.

B. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.

C. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and #1..
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23 volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, officials, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR's insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance 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.

CONTRACTOR shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or agreement.

1.7 CHARACTER OF WORKERS:

If any person employed by the contractor fails or refuses to carry out the direction of the City Representative, or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the site on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City site.

1.8 DELAYS BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work, but shall give the Contractor no damages for such delay. #1..
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24 REQUEST FOR BID AND SPECIFICATIONS NO 2021-67
“STAND-BY” PUMPS DV400C OR EQUIVALENT

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:

Bidders should submit two (2) “inked” (preferably blue ink) signed original bid document, plus two (2) copies of the signed original bid document, and one (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.

FAILURE TO FURNISH AT LEAST ONE (1) “INKED” SIGNED ORIGINAL BID DOCUMENTS MAY RESULT IN DISQUALIFICATION.

It is the responsibility of the bidders to identify information in their bid responses that they consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All costs associated with the preparation of this bid shall be borne by the bidder.

All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the bid as nonresponsive.

Please review the Sample Annual Purchase Agreement and Sample Agreement, and make note on the Exceptions, Clarifications, and Amendments form for any changes.

Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

An agreement shall be awarded to the bidder whose bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

2.1.2 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:
 Bid Acknowledgement (Signature Form)
 Pricing Schedule (Signature Form)
 Exceptions, Clarifications, Amendments (if applicable)  References
 Financial Interest Disclosure (Signature Form)
 Support of Local Vendors (if applicable)
 Company History Statement
 Addenda Acknowledgement Page (if applicable)
 Pump Curve and Specifications
 Sample Rental Agreement
Failure to furnish any of these forms may result in disqualification.

2.1.3 BID PRESENTATION:

Bid submittals shall be presented in the order as listed in Section 2.1.2 Complete Bid Document. #1..
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25 2.2 COMPLIANCE:

Bidders are required to sign the “Pricing Schedule, Financial Interest Disclosure and Bid Acknowledgement Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2021-67 and any addendum to such bid. Failure to comply may result in disqualification.

The bidder guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.

All permits and licenses necessary for the prosecution of the scope of work shall be secured and paid for by the Contractor, except those secured by the City and so noted.

2.3 NON-COMPLIANCE:

If you cannot comply with a specification requirement, note on the Exception, Clarifications, and Amendments page of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the bidder is not in compliance with the specification, the bid may be rejected.

2.4 PRICING FORMAT:

Unless otherwise stated, the bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.

2.5 PRICING SCHEDULE:

Bidders shall use the pricing schedule provided in this document to present bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 10.

2.6 AWARD OF BID:

Award shall be based on providing the lowest responsive and responsible bid for the standby rates provided on the pricing schedule.

Agreements may be awarded to more than one company in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. The secondary contractor could be utilized if the primary contractor is unable to perform the service, or if the primary contractor is unable to complete the specific job within the time frame required by the City, and finally, if the primary contractor is unable to maintain acceptable quality standards required by the City.

The City reserves the right to select bids, which best suits the City’s needs. Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

2.7 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.

If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.
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26 2.8 SUPPORT OF LOCAL VENDORS:

Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by City Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager. To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

2.9 TERM OF AGREEMENT:

The term of the agreement shall be for a period of one (1) year, with four (4) one-year extension options, for a total of up to five (5) years.

2.10 TERMINATION OF SERVICES:

The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.

The City reserves the right to review the service providers’ performance at any time with or without the knowledge or consent of the provider.

The City may terminate the agreement at any time with or without cause.

2.11 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.12 FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the agreement without redress.

2.13 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant Agreement/Purchasing Agreement referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

2.14 NON-DISCRIMINATION:

A. During the performance of this agreement, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California #1..
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27 Administrative Code are incorporated into this agreement by reference and made a part hereof as if set forth in full.

B. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement.

D. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

2.15 NON-DISCRIMINATION OF THE HANDICAPPED:

CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE HANDICAPPED By executing this agreement, the bidder hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof.

2.16 DRUG FREE WORKPLACE:

Bidder/Contractor certifies that he/she is in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded an Agreement/Purchasing Agreement or grant for the procurement of any property or service from any state agency (City) shall certify to the contracting or granting agency that it will provide a drug free workplace.

2.17 INDEMNITY:

The Contractor shall hold the city, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this bid for Contractor to procure and maintain a policy of insurance. In the indemnity clause contained herein Contractor agrees to defend, indemnify and hold city harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of city owned vehicles by Contractor’s employees is apportioned to Contractor in accordance with the provisions contained in indemnity.

2.18 PROTEST AND APPEAL PROCEDURES:

Potential offerors, bidders, contractors, and subcontractors wishing to protest or appeal procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

DEFINITIONS:

For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.

"Filing Date" or "Submission Date" means the date of receipt by the City Clerk’s office of the City of Modesto.

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28 "Interested Party" means an actual or prospective bidder or offeror, or any contractor or subcontractor identified by name in any bid or proposal.

"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.

"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest.

Procurements valued at $50,000 or less normally will not have an Announced Decision.

A. PROTEST PROCEDURES

1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.

2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

City Clerk’s Office
Attn: Purchasing Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing #1..
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29 Manager shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.

2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision.

The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written record of the protest review by the Purchasing Manager.

A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353

3. Appeal to City Council
Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen (15) business days after the date of the Deputy City Manager's decision.

The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05.

The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.

All protests shall either be delivered to:

City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
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30 C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager, a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three (3) days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.

2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit bidder or an agreement involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration. #1..
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31 2.19 PAYMENT:
 Paper Payment Method:

All invoices shall be paid in full within thirty (30) days after completion and acceptance of the vehicles by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.
 Electronic Payment Method:

The City of Modesto provides an E-pay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or agreement. Notification of payments and required invoice information are issued to the supplier’s designed Accounts Receivable contact by email remittance advice at time of payment.

During the bid evaluation process preference may be shown to bidders that agree to accept E-pay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company will accept the City’s E-pay Program.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]

2.20 SAMPLE ANNUAL PURCHASE AGREEMENT:

Please review the Sample Annual Purchase Agreement for the award of bid for “Stand-By” Pumps DV400C or Equivalent. Please also review the Sample Agreement should mobilization be required. The agreement(s) may be modified and subject to change.
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32 CITY OF MODESTO

PURCHASING DIVISION
1010 TENTH ST., SUITE 5300
MODESTO, CA 95354
TEL: (209) 577-5405 FAX: (209) 544-8821
SAMPLE ANNUAL PURCHASE AGREEMENT NO. XXXXXX
VENDOR:

VENDOR NAME

STREET ADDRESS

CITY, STATE ZIP
SHIP TO:

CITYWIDE DIVISIONS TO BE

DETERMINED AT TIME OF ORDER
MODESTO, CA 95354
INVOICE TO:

CITY OF MODESTO

ACCOUNTS PAYABLE
P.O. BOX 642
MODESTO, CA 95353
ANNUAL AGREEMENT FOR “STAND-BY” PUMPS DV400C OR EQUIVALENT FOR THE UTILITIES DVISION WASTEWATER DEPARTMENT.

THE TERMS AND CONDITIONS OF RFB 2021-67 ARE AN INTEGRAL PART OF THIS AGREEMENT. PER COUNCIL RESOLUTION 2021-____________

1. TERM OF THE AGREEMENT: THE TERM OF THE AGREEMENT SHALL BE FOR A PERIOD OF ONE (1) YEAR WITH FOUR (4) ONE-YEAR EXTENSION OPTIONS AT THE SOLE DISCRETION OF CITY, FOR A TOTAL OF UP TO FIVE (5) YEARS.

YEAR ONE: MONTH DATE, YEAR THROUGH MONTH DATE, YEAR
YEAR TWO: MONTH DATE, YEAR THROUGH MONTH DATE, YEAR
YEAR THREE:

YEAR FOUR:

YEAR FIVE:

MONTH DATE, YEAR THROUGH MONTH DATE, YEAR

2. PRICING SHALL REMAIN FIRM FOR THE FIRST YEAR (1) YEAR OF THE AGREEMENT.

PRICE INCREASES SHALL NOT EXCEED THE CONSUMER PRICE INDEX (CPI) FOR WEST URBAN AREA IN

ANY ONE CONTRACT YEAR, UNLESS ACCEPTABLE SUPPORTING DOCUMENTATION IS PROVIDED TO SUBSTANTIATE INCREASE BY MANUFACTURE AND APPROVED BY THE PURCHASING DEPARTMENT.

REQUESTS FOR PRICE INCREASES SHALL BE SUBMITTED BY CONTRACTOR IN WRITING, SIXTY (60) DAYS

PRIOR TO THE ANNUAL ANNIVERSARY DATE OF THE CONTRACT TO BE EFFECTIVE FOR THE SUBSEQUENT YEAR.

REFER TO ATTACHMENT “A” FOR CONTRACTUAL PRICING

3. USAGE: NO MINIMUM OR MAXIMUM QUANTITIES ARE GUARANTEED OR IMPLIED.

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33 4. PAYMENT: ALL INVOICES SHALL BE PAID IN FULL WITHIN THIRTY (30) DAYS AFTER COMPLETION AND

ACCEPTANCE OF THE SERVICE BY THE CITY, AND RECEIPT OF A PROPERLY PREPARED INVOICE, SUBJECT TO CASH DISCOUNTS ALLOWED AND STATED IN THE BID DOCUMENT.

5. INVOICING: INVOICE SHALL REFERENCE AGREEMENT NO. XXXXXX. THE INVOICE SHALL INCLUDE THE FIRST AND LAST NAME OF THE PERSON REQUESTING THE SERVICE. ALL INVOICES SHALL BE EMAILED DIRECTLY TO ACCOUNTS PAYABLE AT [email protected].

6. CONTRACTUAL CHANGES: CHANGES OF A CONTRACTUAL OR BUSINESS NATURE SHALL BE EFFECTED

ONLY BY WRITTEN CHANGE TO THIS AGREEMENT THROUGH THE CITY OF MODESTO, PURCHASING DIVISION.

PURCHASING CONTACT: CAROL WATTLE, BUYER (209) 577-5406

7. TERMINATION OF SERVICES: THE CITY RESERVES THE RIGHT TO DISCONTINUE SERVICES WITH THE

PROVIDER UPON FAILURE TO MEET CONTRACTUAL EXPECTATIONS AND/OR OBLIGATIONS, AS RECOMMENDED BY THE SITE SUPERVISOR OR HIS/HER AGENT.

CANCELLATION OF SERVICES SHALL BE DETERMINED BY THE COLLABORATIVE EFFORTS OF THE

PURCHASING MANAGER, OR DESIGNEE, AND USING DEPARTMENT AFTER REVIEWING THE INCIDENT(S) OF FAILURE TO PERFORM.

8. INSPECTION: ALL MATERIALS AND WORKMANSHIP ARE SUBJECT TO INSPECTION AND TEST BY THE CITY

FOR COMPLIANCE WITH SPECIFICATIONS AS INCLUDED HEREIN, WITHIN A REASONABLE TIME AFTER DELIVERY. IN THE EVENT ARTICLES OR SERVICES ARE DEFECTIVE OR NOT IN CONFORMITY WITH THIS ORDER, THE CITY SHALL HAVE THE RIGHTS TO EITHER REJECT THE ITEMS OR REQUIRE CORRECTION.

DEFECTIVE ARTICLES OR SERVICES SHALL BE REMOVED FROM CITY PREMISES AND/OR CORRECTED BY AND AT THE EXPENSE OF THE VENDOR. FAILURE TO INSPECT AND ACCEPT OR REJECT SHALL NOT RELIEVE THE VENDOR FROM RESPONSIBILITY FOR COMPLIANCE WITH SPECIFICATIONS. FINAL

ACCEPTANCE SHALL BE CONCLUSIVE EXCEPT AS REGARDS TO LATENT DEFECTS, FRAUD, OR SUCH GROSS MISTAKES AS AMOUNT TO FRAUD.

9. RESPONSIBILITY: UNLESS OTHERWISE SPECIFIED, THE VENDOR SHALL BE RESPONSIBLE FOR ALL ITEMS

COVERED BY THIS PURCHASING AGREEMENT UNTIL DELIVERED AT THE DESIGNATED DELIVERY POINT

AND THE VENDOR SHALL BEAR ALL RISKS AS TO ITEMS REJECTED OR REQUIRING CORRECTION AFTER NOTICE OF SUCH REJECTION OR CORRECTION IS GIVEN.

10. CHANGES: THIS PURCHASING AGREEMENT MAY AT ANY TIME, BY WRITTEN ORDER, BE CHANGED IN

REGARD TO THE MATERIALS OR SERVICE TO BE FURNISHED, QUANTITIES ORDERED, UNIT PRICE,

DISCOUNT, DELIVERY POINT OR ARRANGEMENTS, TERMS OR ANY OTHER MATTERS AFFECTING A VALID ORDER. IN THE EVENT SUCH CHANGE CAUSES AN INCREASE OR DECREASE IN THE COST OF

PERFORMANCE HEREUNDER, AN EQUITABLE ADJUSTMENT WILL BE MADE FOR THE COST THEREOF, SUBJECT TO THE APPROVAL OF THE PURCHASING MANAGER, AND WRITTEN NOTICE GIVEN THEREFORE.

11. WARRANTY: NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ORDER, VENDOR WARRANTS THAT

THE MATERIALS, SUPPLIES OR OTHER SERVICES FURNISHED SHALL BE OF THE MOST SUITABLE GRADE AND EXACTLY AS SPECIFIED IN THIS ORDER. SUCH WARRANTY SHALL INCLUDE THE FOLLOWING:

PERFORMANCE, WORKMANSHIP, LABOR, MATERIALS, SELLER’S DESIGN OR ENGINEERING CONTRIBUTIONS. IF A DEFECT IS DISCOVERED IN ANY ITEM OF MATERIALS, SUPPLIES OR SERVICES

COVERED IN THIS AGREEMENT, VENDOR SHALL CORRECT AT ITS EXPENSE, INCLUDING

TRANSPORTATION/FREIGHT, SUCH DEFECTS AS ARE REPORTED WITHIN ONE YEAR OF FINAL ACCEPTANCE. UPON EXPIRATION OF THE APPLICABLE WARRANTY PERIOD ALL SUCH LIABILITY SHALL

TERMINATE EXCEPT FOR FRAUD OR SUCH GROSS MISTAKES AS AMOUNT TO FRAUD, LATENT DEFECTS OR SPECIFIC FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER.

12. EXEMPTIONS: THE CITY IS EXEMPT FROM PAYMENT OF FEDERAL EXCISE TAX. ALL INVOICES SHALL BE EXCLUSIVE OF SUCH EXCISE TAX. IF PURCHASE IS NOT SUBJECT TO SALES TAX, THE STATEMENT FOR RESALE WILL APPEAR IN THE BODY OF THE PURCHASING AGREEMENT. #1..
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34 13. INFRINGEMENT: VENDOR AGREES TO PROTECT, INDEMNIFY AND SAVE HARMLESS THE CITY AS BUYER,

ITS AGENTS, OFFICERS, EMPLOYEES, AND VOLUNTEERS FROM ANY CLAIM, LOSS OR DAMAGE FROM

INFRINGEMENT OF TRADEMARKS, PATENTS, COPYRIGHTS AND UNFAIR COMPETITION ACTION WITH RESPECT TO THIS AGREEMENT.

14. INDEMNITY: THE VENDOR SHALL HOLD THE CITY, ITS AGENTS, OFFICERS, EMPLOYEES, AND

VOLUNTEERS, HARMLESS FROM AND SAVE, DEFEND AND INDEMNIFY THEM AGAINST ANY AND ALL

CLAIMS, LOSSES, LIABILITIES, JUDGMENTS OR DAMAGES FROM EVERY CAUSE, INCLUDING BUT NOT

LIMITED TO INJURY TO PERSON OR PROPERTY OR WRONGFUL DEATH, INCLUDING REASONABLE COSTS

AND EXPENSES OF DEFENSE OF ANY JUDICIAL OR ADMINISTRATIVE ACTION, ARISING DIRECTLY OR

INDIRECTLY OUT OF ANY NEGLIGENT OR INTENTIONAL ACT OR OMISSION OF VENDOR, OR ITS AGENTS,

OFFICERS, EMPLOYEES, OR VOLUNTEERS RELATING TO OR DURING THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT. VENDOR’S OBLIGATION TO DEFEND, INDEMNIFY, AND HOLD

THE CITY, ITS AGENTS, OFFICERS, AND EMPLOYEES HARMLESS UNDER THE PROVISIONS OF THIS

PARAGRAPH IS NOT LIMITED TO OR RESTRICTED BY ANY REQUIREMENT IN THIS AGREEMENT FOR VENDOR TO PROCURE AND MAINTAIN A POLICY OF INSURANCE. IN THE INDEMNITY CLAUSE

CONTAINED HEREIN VENDOR AGREES TO DEFEND, INDEMNIFY AND HOLD CITY HARMLESS FROM THE NEGLIGENCE OF ITS EMPLOYEES, AMONG OTHER RISKS. WITH REFERENCE TO THE FOREGOING, THE

PARTIES AGREE THAT ALL RISK OF LOSS, INCLUDING BUT NOT LIMITED TO DAMAGES, PROPERTY

LOSSES AND DEFENSE OF THIRD-PARTY SUITS, ARISING OUT OF OR RELATING TO THE OPERATION OF CITY OWNED VEHICLES BY VENDOR’S EMPLOYEES IS APPORTIONED TO VENDOR IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN INDEMNITY.

15. GOVERNING LAW: THIS PURCHASING AGREEMENT SHALL BE DEEMED MADE IN, GOVERNED BY,

PERFORMED IN, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., WITHOUT GIVING EFFECT TO ITS CONFLICTS OF LAWS, PROVISIONS OR PRINCIPLES.

16. LIABILITY: THE CITY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE THAT MAY ACCRUE BY REASON OF THE DEATH OR INJURY OF THE PERSON OF THE VENDOR’S OFFICERS, AGENTS, EMPLOYEES, INVITEES,

OR LICENSEES, OR BE SET UP AT ANY TIME BECAUSE OF PERSONAL INJURY OR DAMAGE TO PROPERTY

SUSTAINED BY ANY OTHER PERSON OR PERSONS, WHICH MAY HAVE BEEN CAUSED OR CONTRIBUTED

TO, APPROXIMATELY OR REMOTELY, BY REASON OF OR IN THE COURSE OF PERFORMANCE OF THE PURCHASING AGREEMENT. THE VENDOR SHALL ASSUME FULL RESPONSIBILITY FOR THE DEFENSE OF

ANY CLAIMS ARISING UNDER THE PURCHASING AGREEMENT AND THE VENDOR SHALL SAVE, KEEP,

AND BEAR HARMLESS THE CITY, ALL OFFICERS AND EMPLOYEES THEREOF, FROM ALL DAMAGES,

COSTS, OR EXPENSES BECAUSE OF PERSONAL INJURY OR PROPERTY DAMAGE BASED ON THE PERFORMANCE OF THIS PURCHASING AGREEMENT OR ASSERTED AGAINST IT.

17. DISPUTES: ALL DISPUTES CONCERNING QUESTIONS OF FACT WHICH MAY ARISE UNDER THIS

PURCHASING AGREEMENT, AND NOT DISPOSED OF BY MUTUAL CONSENT SHALL BE DECIDED BY THE PURCHASING MANAGER.

18. OFFER AND ACCEPTANCE: VENDOR REPRESENTS ITS ACCEPTANCE TO PROVIDE PRODUCTS AND/OR SERVICES AS FOLLOWS: CITY’S OFFER TO PURCHASE PRODUCTS AND/OR SERVICES IS EXPRESSLY CONDITIONED UPON VENDOR’S ASSENT TO THE TERMS AND CONDITIONS SET FORTH IN CITY’S PURCHASING AGREEMENT DOCUMENTS, SPECIFICATIONS, SUPPORTING DATA, AND THESE ARTICLES.

VENDOR AGREES THAT VENDOR’S ORDER ACKNOWLEDGMENT TERMS AND CONDITIONS RECEIVED PRIOR TO, DURING, OR AFTER ORDER PLACEMENT BY CITY ARE HEREBY REJECTED. CITY PURCHASING AGREEMENTS SIGNED BY THE CITY’S PURCHASING MANAGER OR HIS/HER DESIGNATED AGENT AND ISSUED TO VENDOR CONSTITUTE WRITTEN NOTIFICATION TO VENDOR OF CITY’S REJECTION OF ANY AND ALL VENDOR ORDER ACKNOWLEDGMENTS, COUNTER OFFERS AND CHANGES TO THE CITY’S TERMS AND CONDITIONS.

19. ASSIGNMENT: NEITHER THIS PURCHASING AGREEMENT NOR ANY PORTION THEREOF SHALL BE

SUBCONTRACTED OR ASSIGNED WITHOUT THE WRITTEN CONSENT OF THE CITY IN EACH AND EVERY INSTANCE.
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35 20. MISCELLANEOUS: TIME IS OF THE ESSENCE IN EACH AND EVERY PROVISION OF THIS PURCHASING AGREEMENT.

BY: __________________________________ BY: ________________________________________ VENDOR – NAME/TITLE -DATE CITY OF MODESTO - PURCHASING DIVISIONDATE #1..
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36 ATTACHMENT A
ANNUAL PURCHASE AGREEMENT NO. XXXXXX
“STAND-BY” PUMPS DV400C OR EQUIVALENT
CONTRACTUAL PRICING – EFFECTIVE MONTH DAY YEAR

STANDBY-RATES

ITEM/DESCRIPTION QTY UOM
UNIT
PRICE

EXTENDED
PRICE
18” DV400C PUMP OR EQUIVALENT (STANDBY)
(3)-PUMPS, FOR (3)-MONTHS 9 28 DAYS $ $
DELIVERY FEE 1 LOT $ $
ENVIRONMENTAL FEE 1 LOT $ $

PRICING IS NET TO THE CITY, EXCLUSIVE OF FEDERAL EXCISE TAX, CALIFORNIA STATE, LOCAL, SALES AND USE TAX.

CITY OF MODESTO SALES TAX RATE 7.875%
PAYMENT TERMS: NET 30
VENDOR CONTACT: NAME
PHONE #
EMAIL:
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37 SAMPLE AGREEMENT
This agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2021, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and CONTRACTOR, hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2021- __________ authorizing the award of bid and agreement for the rental and/or delivery of “Stand-By” Pumps DV400C or Equivalent to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the rental and/or delivery of “Stand-By” Pumps DV400C or Equivalent as described in RFB 2021-67, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall deliver “Stand-By” Pumps DV400C or Equivalent insofar as such scope of service is specified in RFB 2021-67, and in strict accordance with the conditions of the complete Agreement.
b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
d. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
e. CONTRACTOR shall furnish the service defined for the following contracted rates, not to exceed $XX, XXX annually:
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38 AGREEMENT PRICING

DESCRIPTION UNIT PRICE
18” DV400C PUMP OR EQUIVALENT (MOBILIZED) $
DELIVERY FEE $
PICKUP FEE $
ENVIRONMENTAL FEE $
STANDARD LABOR RATE $
OVER TIME RATE $
DOUBLE TIME RATE $
PUMP SERVICE RATE (PER SERVICE HOURS) $

2. CITY CONTACT:

Purchasing Contact: Carol Wattle, Buyer (209) 577-5406
Department Contact: Robert Englent, (209) 577-6222
Changes of a contractual or business nature shall be affected only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

3. TERM OF AGREEMENT:

The term of the agreement shall be for a period of one (1) year.

Year 1: xxxx, 2021 through xxxx, 2022
Pricing will remain firm for the entire length of the agreement.

4. DELIVERY:

Location: Wastewater Treatment
1221 Sutter Ave.

Modesto, CA 95351
Days of Week or
Delivery Hours: as specified by Division
All deliveries shall be made within twenty-four (24) hours upon notice from CITY staff request.

Each delivery shall be signed for by an approved onsite CITY staff, if delivered to a specific project site. Tags without proper CITY signatures will not be paid. (If CITY forces are not present at the site when product is delivered, it will be the responsibility of the CONTRACTOR to contact the CITY within twenty-four (24) hours to verify delivery receiving written confirmation by CITY. #1..
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39 5. LIABILITY INSURANCE:

CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to CITY as may be required by the Risk Manager. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and $2,000,000 aggregate. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent Contractors and subcontractors; products and completed operations as applicable. b) Automobile Liability- insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as herein above provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning #1..
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40 indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance polices required herein, except Workers’ Compensation.

6. PAYMENT:

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
At a minimum invoice shall state the following:
 Reference Annual Agreement #: _____________________
 City department/division name and address
 Service hours worked day and week
 Unit price, extended price, sales tax and total
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41 7. INDEMNITY:

8. ARBITRATION:

Any dispute or claim arising or related to this agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the #1..
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42 remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

Proof of insurance (approved by Risk Management);
Executed Agreement and Exhibits;

11. TERMINATION OF SERVICES:

Termination by CITY for Convenience
The CITY may also terminate the CONTRACTOR'S performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to #1..
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43 proceed, or when the CITY is prevented from proceeding with the agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason. The CITY shall provide no less than ten (10) calendar day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such sub-contractors, but in no event shall recovery by any CONTRACTOR or sub-contractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; #1..
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44 g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR'S work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as sub-contractor agreements or agreements for materials; b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of the agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee’s, decision to the City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from CITY of termination of the agreement. In the event that termination of #1..
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45 this agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

12. COMPLIANCE WITH ALL LAWS:

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. _____________;
b. Bid Submittal;
c. RFB 2021-67;
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

#1..
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46 CONTRACTOR: Contact Name (or designee)
Company Name
Company Address
City, State, zip
Company Phone #
Contact email
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR (IES) FOR CONTRACTOR:

The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) those he/she/they is/are legally competent to execute the agreement and has/have full authority to execute this agreement.

16. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

17. WAIVER.

18. HEADINGS NOT CONTROLLING.

Headings used in the agreement are for reference purposes only and shall not be considered in construing this agreement.

19. MISCELLANEOUS:

Time is of the essence in every provision of this agreement.

20. ENTIRE AGREEMENT.

This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary from CONTRACTOR’S bid are #1..
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47 controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this agreement.

No future waiver of or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.

21. PARTIAL INVALIDITY.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2021-_________, adopted by the Council of the City of Modesto on the _____________-day of_____________________, 2021 and _____________________has caused this agreement to be duly executed. #1..
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48 CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: ___________________________ By: _________________________________ JOSEPH P. LOPEZ, City Manager (Signature)

By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________ By: _________________________________ DANA SANCHEZ, Interim City Clerk (Signature)

By: ________________________________
(SEAL) (Name & Title)

Date: _______________________________
APPROVED AS TO FORM:

By: ______________________________
JOSE M. SANCHEZ, City Attorney

By: _____________________________
CHRISTINA D. ALGER,
Director of Human Resources (Risk)

Signature Requirements
Corporation:

1.Signature of two (2) officers
Or

2.Signature of one (1) officer plus the
corporate seal.

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
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RAIN FOR RENT

CREDIT APPLICATION

MASTER RENTAL & SALES AGREEMENT
Account No.

APPLICANT: (IF INDIVIDUAL, LAST NAME, FIRST NAME, MIDDLE INITIAL) TELEPHONE:
.

CELL PHONE:

Name or Style Under Which You Do Business (DBA) FAX:

ADDRESS CITY STATE ZIP

BILLING ADDRESS (IF DIFFERENT) CITY STATE ZIP
Year Established: Federal Tax ID #: Contractor License # D & B Number: Web Address: E MAIL:

Primary SIC Code: TYPE OF BUSINESS: Number of Employees Annual Revenue: Stock Symbol if Publicly Traded:

INDIVIDUAL CORPORATION GENERAL PARTNERSHIP LIMITED PARTNERSHIP

JOINT VENTURE LIMITED LIABILITY PARTNERSHIP LIMITED LIABILITY COMPANY

1. 2.

3. CREDIT REFERENCES : (LARGEST SUPPLIERS OR VENDORS) ADDRESS PHONE # FAX #

1. 2.

3. FINANCIAL INFORMATION: NAME CITY STATE PHONE # FAX# ACCOUNT #

1. BANK:

LOAN OFFICER:

2. LENDING INSTITUTION:

LOAN OFFICER:

PURCHASE INFORMATION:

P.O.’S REQUIRED ESTIMATED ANNUAL PURCHASES: Have you ever filed for Bankruptcy? YES NO $ YES NO
SALES TAX INFORMATION: EXEMPT NON-EXEMPT RESALE CERTIFICATE/EXEMPTION #:

ADDITIONAL INFORMATION:

Customer’s Statement: Read this statement before you sign it.

All information I have given in this application is true and correct. I have read this document in its entirety both front and back and acknowledge that no verbal representations were made to induce the signing of this agreement. By signing below this Application For Credit, Master Rental and Sales AGREEMENT, I agree to comply with and be bound by all terms and conditions contained herein. I understand that you will confirm the information and retain the application whether or not my application is approved. You are also authorized to receive information about my credit. You can answer questions and requests from others for credit and experience information about me and the applicant on existing accounts with you. I authorize my bank and other lending institutions to release to WESTERN OILFIELDS SUPPLY COMPANY dba RAIN FOR RENT financial information to support my application. _
Customer/Authorized Signature & Title Date
_
Customer/Authorized Signature & Title Date

3. (a) RENTEE SHALL NOT PERMIT THE PRESENCE OF ANY HAZARDOUS WASTE IN EQUIPMENT WITHOUT RENTOR’S PRIOR WRITTEN CONSENT. (b) RENTEE

OF THE EQUIPMENT OR (II) TEST THE EQUIPMENT, RENTEE SHALL THEREBY WAIVE ANY RIGHT TO OBJECT TO THE PRESENCE OF CONTAMINANTS IN ANY EQUIPMENT OR MAKE ANY CLAIM AGAINST RENTOR IN RESPECT THEREOF.

EXHIBIT D #1..
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7. Rentee shall be liable for all damage to, or loss of, any Equipment regardless of cause or insurance coverage (collectively, “Loss”), except to the extent the Loss is caused by the negligence or willful misconduct of the Rentor. Loss of any Equipment shall not relieve Rentee from its obligations under this Agreement. In the event of a Loss, Rentee shall promptly notify Rentor of the Loss (and in any event within 48 hours after Rentee’s knowledge of such Loss), and shall promptly pay to Rentor: (a) the fair market value of Equipment or the cost of repair, as determined by Rentor in its sole and reasonable discretion, (b) all rental charges up to the date Rentee pays Rentor the full amount of repair or replacement, (per §7(a)), and (c) all other amounts owed under this Agreement. Rentee shall be responsible for proper disposal of Loss Equipment but may not dispose of any Equipment until Rentor has been notified in writing and Rentee has paid all amounts due in full.

9. Rentee shall keep all Equipment free of any mortgage, pledge, encumbrance, charge, security interest, lien, or other claim or encumbrance against, created or suffered by, Rentee.

Rentee shall not assign this Agreement, and shall not subrent, sublease or otherwise permit any person (other than Rentor) to use or possess any Equipment.

PERFORMANCE, MATERIAL OR WORKMANSHIP, OR AGAINST HIDDEN OR LATENT DEFECTS AND ALL SUCH RISKS ARE TO BE BORNE BY RENTEE AT ITS SOLE COST

AND EXPENSE, AND RENTEE WAIVES ALL RIGHTS AND REMEDIES IT MAY HAVE UNDER THE UNIFORM COMMERCIAL CODE DEEMED APPLICABLE TO THIS AGREEMENT. RENTOR SHALL NOT BE RESPONSIBLE FOR DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES ARISING OUT OF RENTEE’S RENTAL OR USE OF THE

EQUIPMENT, EXCEPT FOR ACTUAL DAMAGES TO THE EXTENT SUCH DAMAGES ARE CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF RENTOR

12. Rentee shall hold harmless, indemnify and defend the Rentor Group from Losses arising from, in connection with or related to Claims, except to the extent the Losses arise from the negligence of willful misconduct of Rentor Group. “Rentor Group” means Rentor, its successors, assigns, parents, subsidiaries and affiliates, and their respective shareholders, representatives, directors, officers, employees and agents. “Losses” means all losses, attorney’s fees and costs, other fees, costs, expenses, claims, liabilities, damages, penalties and fines. “Claims” means all lawsuits, judgments, administrative rulings or decisions, claims, arbitration awards, arising from, in connection with or related to (a) Rentee’s failure to comply with §5, (b) any Default (as defined in §13), (c) the use, possession, renting, leasing, subleasing, operation, transportation, maintenance, condition, repair, replacement, return and/or storage of any Equipment, (d) any pollution, contamination, environmental impairment and/or similar condition directly or indirectly caused by or resulting in whole or in part from Rentee’s use of any Equipment or (e) any environmental statutory or regulatory compliance requirements applicable to any equipment (or any use thereof) and required under any and all foreign or domestic federal, state or local laws, treaties, ordinances, regulations, codes, rules, orders, guidelines, policies or requirements of any governmental authorities which regulate or impose standards of liability or conduct concerning air, water, soils, wetlands and watercourses, solid waste, hazardous waste and/or materials, worker and community right-to-know, noise, resource protection, health protection and similar environmental, health, safety, and land use concerns as may now or at any time hereafter be in effect. This indemnification shall survive the termination of the Agreement.

17. Additional Terms and Conditions for Sales: (a) Terms and Conditions. The above terms and conditions, as applicable, are hereby incorporated into any Sales transactions. References to “Seller” will include “Rentor” and references to “Buyer” will include “Rentee”. (b) Delay. Seller shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond seller’s control, including without limitation, strikes, lockouts, fires, embargoes, war or other outbreak of hostilities, acts of God, inability to obtain shipping space, machinery breakdowns, delays of carriers or suppliers, and domestic or foreign or governmental acts or regulations. (c) Waiver. All claims shall be deemed waived unless made in writing, delivered to seller within 10 days after receipt of goods by buyer. (d) Inspection. Buyer shall afford seller prompt and reasonable opportunity to inspect goods as to which any claim is made as above stated. Seller reserves the right, in its sole discretion, to repair or replace any claimed defect in the goods. (e) Cancellation of Merchandise. Cancellation of standard items may be honored only if the request is received prior to shipment.

Custom made or special items may not be canceled unless cancellation precedes the in-process manufacture of the item. (f) Manufacturer Warranties. Buyer must comply with all original manufacturer’s terms and conditions for any warranty claims that may arise. Seller does not warranty the merchandise sold beyond the terms of such warranty offered by the manufacturer, if any.

Neither Rain For Rent nor the manufacturer warranties the product if it has failed due to corrosion, misuse or damage; (2) it has been altered, repaired or modified in any way that would adversely affect its operation; or (3) it was installed or operated other than in accordance with manufacturer’s operating instructions.

Initial here: _ Revision 02/01/2021
#1..
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#1..
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ITEM/DESCRIPTION QTY

UNIT OF
ISSUE

STANDBY-RATES UNIT PRICE EXTENDED PRICE
18" DV400C PUMP OR EQUIVALENT (STANDBY) (3)-PUMPS, FOR (3)- MONTHS 9 28 DAYS $6,125.00 $55,125.00
DELIVERY FEE 1 LOT $1,000.00 $1,000.00
PICKUP FEE 1 LOT $0.00 $0.00
ENVIRONMENTAL FEE 1 LOT $0.00 $0.00
$56,125.00
$4,419.84
$60,544.84

ITEM/DESCRIPTION QTY

UNIT OF
ISSUE

MOBILIZED-RATES UNIT PRICE EXTENDED PRICE
18" DV400C PUMP OR EQUIVALENT (MOBILIZED) (8) HOUR A DAY/ (7) DAYS A WEEK 3 LOT $9,000.00 $27,000.00
DELIVERY FEE 1 LOT $90.00 $90.00
PICKUP FEE 1 LOT $90.00 $90.00
ENVIRONMENTAL FEE 1 LOT $270.00 $270.00
$27,450.00
$2,161.69
$29,611.69

ADDITIONAL CHARGES QTY

UNIT OF
ISSUE
STANDARD LABOR RATES 1 HR $85.00
OVERTIME RATE 1 HR $127.50
DOUBLE TIME RATE 1 HR $170.00
PUMP SERVICE RATE (PER SERVICE HOURS) 1 JOB $450.00
Low Bidder - Rain for Rent @ $60,544.84
SERVICING OF PUMPS TO BE CONDUCTED EVERY (#) 400 HOURS
**For costing purposes only

UNIT PRICE
Bakersfield, CA
Rain for Rent

CITY OF MODESTO
PO BOX 642 MODESTO, CA 95353
RFB NO. 2021-67 STAND-BY PUMPS DV400C OR EQUIVALENT

SUBTOTAL
TAX (7.875%)

GRAND TOTAL

SUBTOTAL
TAX (7.875%)

GRAND TOTAL
11/16/2021
#1..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 7, 2022
Date: January 28, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
SUBJECT: Local Hire Preference and Skilled and Trained Workforce Ordinance and Responsible Bidding Policy
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

Consider an ordinance adding Article 7, “Local Hiring Preferences in Public Works Contracts,” and Article 8, “Utilizing Skilled and Trained Workforce in Public Works Contracts,” to Title 8, Chapter 3 of the Modesto Municipal Code, establishing requirements for contractors submitting bids to the City for Public Works Projects, and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This supports the City of Modesto 2020-2025 Strategic Plan’s focus on economic vitality under Goal E: Drive Economic Vitality.

BACKGROUND:

The law requires that public works projects be awarded to the lowest, responsible bidder.

However, the law does not specifically address who the lowest bidder hires to do the work. In the past, Council Members have raised this issue and have expressed a desire for staff to inquire with contractors to determine whether they were using local workers. Various local union groups have also approached City Council Members regarding hiring a greater number of local contractors and workers for performance of public works contracts with the City. These groups requested that the City adopt a policy that establishes criteria for contractors to make a “good faith effort” to utilize a certain percentage of local residents in their workforce when bidding on and performing public works contracts for the City.

Various local union groups have also approached City Council Members regarding adopting a policy to increase the skilled and trained workforce utilization on public works contracts with the #2..
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Economic Development Committee, February 7, 2022
Local Hire Preference, Skilled and Trained Workforce, and Responsible Bidding Policies Ordinance

Page 2 of 4 ends

City by implementing a requirement for contractors to make a “good faith effort” to utilize and maintain such skilled and trained workforces.

DISCUSSION:

Staff and the City Attorneys’ Office have been researching the requests by local union groups. Staff understands the requests’ intent to find a solution to unemployment issues and lack of local hiring in public works contracts with the City, as well as improving the quality of work performed on City public works contracts. The requests for such actions were made for a variety of reasons, including that the unemployment rate in the City is generally higher than the State of California as a whole. Higher unemployment rates are correlated to a higher number of families living in poverty and a higher crime rate.

Additionally, due to higher wages, many residents commute outside of the City and Stanislaus County, such as to the Bay Area, for employment. This lack of investment in the local community harms residents as well as the City by draining the City of its local workforce. The construction industry provides a path to a stable income for many residents, which can help ameliorate these negative effects.

A local hiring preference criteria may provide local job opportunities to those who would otherwise be unemployed or who commute outside the City for work. Additionally, having contractors performing work on a public works contract utilize a skilled and trained workforce will increase the quality of work performed for the City.

Local Hire Preference
The attached draft Local Hiring and Skilled and Trained Workforce Ordinance provides a framework to help bolster the percentage of local residents employed within the scope of public works contracts with the City. The Ordinance provides that contractors submitting bids on public works contracts must make a good faith effort to comprise their workforce of at least 25% local residents, and in doing so, contractors must apply these same requirements on related subcontractors.

In order to be considered a responsive bidder on a City public works contract, the Ordinance requires that a contractor make a good faith effort to meet the target local hiring percentage. To make a good faith effort, a contractor must: (1) contact local recruitment sources to identify local residents; (2) advertise for hiring in trade papers and local newspapers; (3) identify subcontractor’s whose workforce includes local residents; and (4) certify under penalty of perjury in conjunction with the submitted bid that the contractor complied with the preceding requirements. These requirements do not apply to contracts when a Federal or State law or regulation or grant condition prohibits a local hiring requirement. Adopting this Ordinance is expected to lead to contractors meeting the 25% local hiring threshold target because of increased recruiting of local residents.

If adopted, staff will monitor the results of the Ordinance to confirm that it accomplishes the desired goals.
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Economic Development Committee, February 7, 2022
Local Hire Preference, Skilled and Trained Workforce, and Responsible Bidding Policies Ordinance

Page 3 of 4 ends

Skilled and Trained Workforce
Additionally, the draft Ordinance attached to this report provides a framework to increase the utilization of skilled workforces in City public works contracts. The Ordinance provides that each contractor and subcontractor performing work on a public works contract must make a good faith effort to employ a skilled and trained workforce as defined by California Public Contract Code § 2601. The Ordinance lays out specific percentages of skilled and trained workers that must be utilized in certain enumerated professions in order to be considered a skilled and trained workforce.

In order to be considered a responsive bidder on a City public works contract, the Ordinance requires that a contractor make a good faith effort to employ a skilled and trained workforce. To make a good faith effort, a contractor must: (1) contact recruitment sources to identify skilled workers; (2) advertise for skilled and trained workers in trade papers and local newspapers; (3) identify subcontractor’s whose workforce includes skilled and trained workers; and (4) certify under penalty of perjury in conjunction with the submitted bid that the contractor complied with the preceding requirements. If contractors fail to make a good faith effort to use a skilled and trained workforce, the City may choose a number of different remedies, including deeming a contractor in breach of contract, monitoring the contractor’s compliance through the adoption of a written plan to come into compliance, or deeming the contractor nonresponsible in the evaluation of future public works contract bid opportunities. These requirements do not apply to contracts involving when a Federal or State law or regulation or grant condition prohibits a requirement to utilize a skilled or trained workforce. If adopted, staff will monitor the results of the Ordinance to confirm that it accomplishes the desired goals.

The proposed Ordinance is framed as a goal for contractors to make a good faith effort to meet the targeted percentage of employment of local residents and skilled and trained workers, which is consistent with the policies of other jurisdictions that the local union groups provided.

Additionally, a related Resolution is proposed that sets guidelines for responsible bidding procedures on City public works contracts. Generally, this Resolution reinforces the requirement and responsibility of contractors to comply with prevailing wage laws in performance of public works contracts with the City.

FISCAL IMPACT:

The proposed action has no direct fiscal impact. It is anticipated, however, that money will be spent more locally through the action due to the improvement in City unemployment rates and reduced commuting from the local workforce. The policy may bolster wages for skilled labor and increase public works labor costs as a result of contractors competing with higher prevailing wage projects in the Bay Area.
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Economic Development Committee, February 7, 2022
Local Hire Preference, Skilled and Trained Workforce, and Responsible Bidding Policies Ordinance

Page 4 of 4 ends

Approved by:

Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
Attachments:

1. Ordinance adding Local Hiring Preferences and Utilizing Skilled and Trained Workforce in Public Works Contracts

2. Data comparing City unemployment rate to California unemployment rate

3. 2020 Stanislaus County Commuter Study

4. Draft Resolution to Establish Requirements to submit a bid on Public Works Projects #2..
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1 ORDINANCE NO. ________
ORDINANCE ADDING ARTICLE 7 “LOCAL HIRING PREFERENCES IN PUBLIC WORKS CONTRACTS” AND ARTICLE 8 “UTILIZING SKILLED AND TRAINED WORKFORCE IN PUBLIC WORKS CONTRACTS” TO TITLE 8, CHAPTER 3 OF

THE MODESTO MUNICAL CODE
WHEREAS, the unemployment rate in the City of Modesto (“City”) has generally been higher than in the State of California as a whole. The average unemployment rate in the City between 2018 and 2021 was 7.66%. During the same time period, the average annual unemployment rate for the State of California as a whole was 6.69%; and WHEREAS, the City has determined that expanding the employment base by implementing a local hiring preference in Public Works Contracts within the City and Stanislaus County will benefit the region as a whole; and
WHEREAS, the City has determined that it is in the public interest and welfare to add Article 7 to Chapter 3 of Title 8 of the Modesto Municipal Code; and WHEREAS, the City has determined that Public Works Contracts utilizing a skilled and trained workforce will result in a higher quality work product; and WHEREAS, the City has determined that it is in the public interest and welfare to add Article 8 to Chapter 3 of Title 8 of the Modesto Municipal Code.

NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:

SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above Recitals and within this Ordinance are true and correct and incorporated herein by reference.

SECTION 2. ADDITIONS

1. The City of Modesto Municipal Code Title 8 Chapter 3 is hereby amended by adding ARTICLE 7 entitled “Local Hiring Preferences in Public Works Contracts” in its entirety to read as follows:
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2 Article 7 – Local Hiring Preferences in Public Works Contracts 8-3.701 – Findings and Purpose
(a) The City Council finds and declares as follows:
(1) The unemployment rate in the City has generally been higher than in the State of California as a whole. The average annual unemployment rate in the City between 2018 and 2021 was 7.66%. During the same time period, the average annual unemployment rate for the State of California as a whole was 6.69%. (2) Statistics indicate that the City’s higher unemployment rate correlates to a higher number of families living in poverty and to a higher crime rate. (3) Expanding the employment base by implementing a local hiring preference in Public Works Contracts within the City and Stanislaus County will benefit the region as a whole.
(4) The City spends significant amounts in contracting for services and in constructing improvements to real property or to existing facilities. The funds used in contracting for those services are derived, in part, from taxes, fees, and other revenues of local businesses in the City. To the extent possible, such funds should be placed back into the local economy.
(5) The construction industry is a potential path to stable employment and is, therefore, a critical opportunity to connect residents with economic opportunities. (6) A local hiring preference in Public Works Contracts will aim to provide job opportunities to City and Stanislaus County residents, expand the region’s employment base, lessen the drain on public assistance resources, and reduce the City workforce’s pattern of commuting outside the region for employment. #2..
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3 (b) The purpose of this Article is to improve the local economy by:
(1) Increasing the local workforce base by decreasing unemployment and thereby enhancing and retaining job skills; and
(2) Increasing local spending power, which will result in a stronger, more self-reliant economy.
8-3.702 – Exclusions and Exceptions
The provisions of this Article shall not apply under any of the following circumstances:
(a) When a state or federal law or regulation applicable to a particular Public Works Contract prohibits a local hiring requirement;
(b) When a particular Public Works Contract utilizes grant funding, where the conditions of the grant prohibit a local hiring requirement;
(c) When the City determines, in accordance with the requirements of this Article or applicable state law, that a contract is necessary to respond to any emergency which endangers the public health, safety, or welfare;
(d) When the City, in its sole discretion, determines that a suitable pool of Qualified Individuals who are Local Residents does not exist for a specific Public Works Contract; and/or
(e) When the estimated cost of the construction of the Public Works Contract is less than $500,000.
8-3.703 – Definitions
Except as otherwise expressly set forth herein, the following words and terms as used in this Article shall have the following meanings:
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4 (a) “Construction Work Hours” means the total hours worked on a Public Works Contract by qualified individuals, whether those individuals are employed by a Contractor or Subcontractor.
(b) “Contractor” means any of the following:
(1) Any person or entity who submits a bid as the prime entity to the City for a Public Works Contract.
(2) Any person or entity who provides labor and/or materials for the City pursuant to a Public Works Contract.
(c) “City” means the City of Modesto, California.
(d) “Days” means calendar days unless otherwise specified. (e) “Local Resident” means an individual who is legally domiciled, as defined by Elections Code section 349(b), in Stanislaus County immediately preceding the date of the notice of solicitation or bid advertisement by the City. An individual’s domicile is his or her one and only true, fixed, and permanent home and principal establishment. An individual shall verify his or her domicile upon request of the Contractor or City by producing satisfactory documentation such as a rent/lease agreement, utility bills, a valid stateissued driver’s license or identification card, or any other similar and reliable evidence. (f) “Public Works Contract” has the same meaning as set forth in Section 1307 of the City Charter, as amended or supplanted.
(g) “Qualified Individuals” means any and all skilled and unskilled workers, including but not limited to, work site foremen, journeymen, technical engineers, apprentices, construction trainees, and construction helpers. Qualified Individuals also include any and all other workers appropriate for construction activities regardless of level of skill. #2..
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5 (h) “Subcontractor(s)” means any person or entity that assumes, by secondary contract, some or all of the obligations of a Contractor.
8-3.704 – Requirements for Contractors
(a) Every Contractor submitting a bid to the City for a Public Works Contract shall agree to make a good faith effort to hire Qualified Individuals who are Local Residents in sufficient numbers so that, with respect to such Public Works Contract, no less than 25% of the total construction workforce, including the Subcontractor workforce, measured in Construction Work Hours, is comprised of Local Residents. (b) A “good faith effort” means a Contractor will take all of the following or similar actions to recruit and maintain Local Residents as part of the construction workforce:
(1) Contact local recruitment sources to identify Qualified Individuals who are Local Residents;
(2) Advertise for Qualified Individuals who are Local Residents in trade papers and newspapers of general circulation within the City and the County of Stanislaus, or by equivalent electronic means, unless time limits imposed under the applicable Public Works Contract relative to the commencement and/or completion of work do not permit such advertising; and
(3) With respect to any portion of a Public Works Contract to be performed by a Subcontractor, identify Subcontractors whose workforce includes Qualified Individuals who are Local Residents.
(c) Every Contractor shall complete and sign, under penalty of perjury, a certification of good faith effort to hire Local Residents, on the form provided in the City’s bid package, #2..
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6 and shall submit the same with its sealed bid no later than the date and time of the bid opening.
(d) A Contractor shall include in each and every subcontract relating to a Public Works Contract, a provision whereby the Subcontractor agrees to make a good faith effort to hire Qualified Individuals who are Local Residents. A Contractor shall be responsible for a Subcontractor’s compliance with the provisions of this Article. (e) The City Purchasing Manager, or his or her designee, shall prescribe rules, regulations, and procedures relating to the application, administration, and interpretation of the provisions of this Section. Such rules, regulations, and procedures shall be consistent with the provisions of this Section and may specify details and forms to be used. (f) If in the sole discretion of the City, the City finds that a Contractor has failed to make a good faith effort to use Local Residents in the course of performance of any applicable Public Works Contract pursuant to the requirements of this Article, the City may deem the Contractor in breach of contract. In the alternative of any other available legal remedies, the City may require that Contractor to develop a written plan to recruit Qualified Individuals who are Local Residents as a method of complying with the requirements of this Article. If the Contractor fails to comply with a written plan described by this Section, the City may, at its sole discretion, deem the Contractor nonresponsible in the evaluation of future Public Works Contract bid opportunities. 8-3.705 – Hiring Discretion
This Article does not limit the Contractor’s or the Subcontractor’s ability to assess the qualifications of prospective workers, and to make final hiring and retention decisions. No #2..
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7 provision of this Article shall be interpreted so as to require a Contractor or Subcontractor to employ a worker not qualified for a position in question, or to employ any particular worker. 8-3.706 – Nonresponsive Bids
(a) Nothing in this Article alters the City’s obligation to award a contract to the lowest bidder. The City may declare a bid to be nonresponsive under the provisions of this Article for good cause including, but not limited to, the following circumstances:
(1) If a Contractor fails to complete and sign, under penalty of perjury, the certificate of good faith effort to hire Local Residents and/or fails to submit the same with its sealed bid no later than the date and time of bid opening; or (2) If a Contractor, or a Subcontractor listed by a Contractor, fails to comply with the good faith effort requirements set forth in 8-3.703.
8-3.707 – Required Documentation
During its performance of a Public Works Contract, a Contractor shall keep an accurate record on a standardized form showing the name, place, of residence, trade classification, hours employed, proof of a Qualified Individual status, per diem wages and benefits, or each person employed by the Contractor on the specific public works project, including full-time, part-time, permanent and temporary employees. A Contractor shall require each Subcontractor performing work pursuant to a Public Works Contract awarded by the City to the Contractor to maintain records of the same information for the Subcontractor’s workforce and shall require each Subcontractor to provide a copy of such records to the Contractor upon the Contractor’s request.

A Contractor shall make the records and documents set forth in this Section available to the City, upon request, within five (5) business days.
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8 8-3.708 – Forms Submitted Under Penalty of Perjury
All forms required under this Article shall be attested to as true as to the information set forth therein and shall be submitted under penalty of perjury. 8-3.709 – Monitoring
From time to time, and at its sole discretion, the City may monitor and investigate the compliance of any Contractor and/or Subcontractor with respect to the requirements of this Article. The City shall have the right to engage in random inspections of job sites, subject to the construction schedule and safety concerns. Each Contractor and Subcontractor shall allow representatives of the City, in the performance of their duties, to engage in random inspections of job sites and to have access to the employees of the Contractor and Subcontractor and the records required to document compliance with this Article. The City shall establish a procedure for City monitoring of compliance with this Article and to address allegations of noncompliance. The City shall have sole authority over the administration of this Article.

2. The City of Modesto Municipal Code Title 8 Chapter 3 is hereby amended by adding ARTICLE 8 entitled “Utilizing Skilled and Trained Workforce in Public Works Contracts” in its entirety to read as follows:

Article 8 – Utilizing Skilled and Trained Workforce in Public Works Contracts 8-3.801 – Findings and Purpose
(a) The City Council finds and declares as follows: The purpose of this Article is to improve the quality of public works projects undertaken in the City by:
(1) Increasing the percentage of individuals utilized in Public Works Contracts meeting the definition of a skilled and trained workforce. #2..
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9 (2) Utilizing a greater percentage of skilled and trained workforce will increase the quality of public works projects completed in the City because the workforce is more experienced and qualified to perform such work.
8-3.802 – Exclusions and Exceptions
The provisions of this Article shall not apply under any of the following circumstances:
(a) When a state or federal law or regulation applicable to a particular Public Works Contract prohibits a skilled and trained workforce requirement;
(b) When a particular Public Works Contract utilizes grant funding, where the conditions of the grant prohibit a skilled and trained workforce requirement; (c) When the City determines that a contract is necessary to respond to any emergency which endangers the public health, safety, or welfare;
(d) When the City, in its sole discretion, determines that a suitable pool of Qualified Individuals who meet skilled and trained workforce requirements does not exist for a specific Public Works Contract.
(e) When the estimated cost of the construction of the Public Works Contract is less than $500,000; and/or
(f) When a Public Works Project is governed by a particular State law or regulation prescribing skilled and trained workforce requirements inconsistent with this Article. 8-3.803 – Definitions
Except as otherwise expressly set forth herein, the following words and terms as used in this Article shall have the following meanings:
(a) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations had approved an #2..
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10 apprenticeship program pursuant to Section 3075 of the Labor code before January 1, 2014.
(b) “Construction Work Hours” means the total hours worked on a public works contract by qualified individuals, whether those individuals are employed by a Contractor or Subcontractor.
(c) “Contractor” means any of the following:
(1) Any person or entity who submits a bid as the prime entity to the City for a Public Works Contract.
(2) Any person or entity who provides labor and/or materials for the City pursuant to a Public Works Contract.
(d) “City” means the City of Modesto, California.
(e) “Days” means calendar days unless otherwise specified. (f) “Public Works Contract” has the same meaning as set forth in Section 1307 of the City Charter, as amended or supplanted.
(g) “Qualified Individuals” means any and all skilled and trained workers, including but not limited to, work site foremen, journeymen, technical engineers, apprentices, construction trainees, and construction helpers. Qualified Individuals also include any and all other workers appropriate for construction activities regardless of level of skill. (h) “Skilled and trained workforce” means a workforce that meets all of the following conditions:
(1) All the workers performing work in an apprenticable occupation in the building and construction trades are either skilled journeypersons or apprentices registered #2..
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11 in an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations. (2) At least 60% of the skilled journeypersons employed to perform work on the contract or project by every Contractor and each of its Subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation. This requirement shall not apply to the following occupations: acoustical installer, bricklayer, carpenter, cement mason, drywall installer or lather, marble mason, finisher, or setter, modular furniture or systems installer, operating engineer, pile driver, plasterer, roofer or waterproofer, stone mason, surveyor, teamster, terranzzo worker or finisher, and tile layer, setter, or finisher. (3) For the occupations exempted from the requirements of Paragraph 2 of this Section, at least 30% of the skilled journeypersons employed to perform work on the contract or project by every Contractor and each of its Subcontractors at every tier must be graduates of an apprenticeship program for the applicable occupation. (i) “Skilled journeyperson” means a worker who either:
(1) Graduated from an apprenticeship program for the applicable occupation that was approved by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.
(2) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the #2..
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12 applicable occupation that is approved by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations. (j) “Subcontractor(s)” means any person or entity that assumes, by secondary contract, some or all of the obligations of a Contractor.
8-3.804 – Requirements for Contractors
(a) Each Contractor and Subcontractor that performs work on a Public Works Contract shall make a good faith effort to employ a skilled and trained workforce, pursuant to California Public Contract Code § 2601, to perform all work on the project that falls within an Apprenticable Occupation in the building and construction trades, as defined by California Public Contract Code § 2601.
(b) Each Contractor and Subcontractor that performs work on a Public Works Contract shall make a good faith effort to use graduates of an apprenticeship program as defined by Public Contract Code § 2601(c), in the percentages required by Section 8-3.803(i) of this Article.
(c) A “good faith effort” means a Contractor will take all of the following or similar actions to recruit and maintain skilled and trained workforce in the performance of any Public Works Contract meeting the requirements of this Article:
(1) Contact recruitment sources to identify Qualified Individuals; (2) Advertise for Qualified Individuals in trade papers and newspapers of general circulation within the City and the County of Stanislaus, or by equivalent electronic means, unless time limits imposed under the applicable Public Works Contract relative to the commencement and/or completion of work do not permit such advertising; and
#2..
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13 (3) With respect to any portion of a Public Works Contract to be performed by a Subcontractor, identify Subcontractors whose workforce includes Qualified Individuals.
(d) Each Contractor shall certify that it made a good faith effort to use a skilled and trained workforce, on the form provided in the City’s bid package, and shall submit the same with its sealed bid no later than the date and time of the bid opening. (e) Each Contractor shall include in each and every subcontract relating to a Public Works Contract, a provision requiring the Subcontractor to certify that it made a good faith effort to use a skilled and trained workforce in that contract. Each Contractor shall be responsible for a Subcontractor’s compliance with the requirements of this Article. (f) Failure of any Contractor or Subcontractor to comply with any requirement of this Article may be deemed, in the sole discretion of the City, a material breach of the Public Works Contract.
8-3.805 – Hiring Discretion
This Article does not limit the Contractor’s or the Subcontractor’s ability to assess the qualifications of prospective workers, and to make final hiring and retention decisions. No provision of this Article shall be interpreted so as to require a Contractor or Subcontractor to employ a worker not qualified for a position in question, or to employ any particular worker. 8-3.806 – Nonresponsive Bids
(a) Nothing in this Article alters the City’s obligation to award a contract to the lowest bidder. The City may declare a bid to be nonresponsive under the provisions of this Article for good cause including, but not limited to, the following circumstances:
#2..
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14 (1) If a Contractor fails to complete and sign, under penalty of perjury, the certification that the Contractor made a good faith effort to use a skilled and trained workforce and/or fails to submit the same with its sealed bid no later than the date and time of bid opening; or
(2) If a Contractor, or a Subcontractor listed by a Contractor, fails to comply with the requirements set forth in 8-3.804.
8-3.807 – Required Documentation
For three (3) years following substantial completion of any Public Works Contract, each Contractor and Subcontractor shall keep accurate payroll records, showing the name, address, and work classification for each worker who worked on the project; the straight time and overtime hours worked each day and week; whether the worker qualifies as a skilled journeyperson under California Public Contract Code § 2601; and whether the worker is a graduate of an apprenticeship program in the applicable occupation. These records shall be made available upon request by officers and agents of the City. Records shall be made available no later than ten (10) days subsequent to the request.
8-3.808 – Forms Submitted Under Penalty of Perjury
All forms required under this Article shall be attested to as true as to the information set forth therein and shall be submitted under penalty of perjury. 8-3.809 – Monitoring
From time to time, and at its sole discretion, the City may monitor and investigate compliance of any Contractor and/or Subcontractor with respect to the requirements of this Article. The City shall have the right to engage in random inspections of job sites, subject to the construction schedule and safety concerns. Each Contractor and Subcontractor shall allow representatives of #2..
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15 the City, in the performance of their duties, to engage in random inspections of job sites and to have access to the employees of the Contractor and Subcontractor and the records required to document compliance with this Article. The City shall establish a procedure for City monitoring of compliance with this Article and to address allegations of noncompliance. Within sixty (60) days of Contractor completing all substantial work associated with a Public Works Contract pursuant to this Article, Contractor shall submit documentation as set forth in Section 8-3.807 in a form acceptable to the City. The City shall have sole authority over the administration of this Article.
8-3.810 – City’s Remedies
If in the sole discretion of the City, the City finds that a Contractor has failed to make a good faith effort to use a skilled and trained workforce in the course of performance of any applicable Public Works Contract pursuant to the requirements of this Article, the City may deem the Contractor in breach of contract. In the alternative of any other available legal remedies, the City may require that Contractor to develop a written plan to recruit qualified individuals as a method of complying with the requirements of this Article. If the Contractor fails to comply with a written plan described by this Section, the City may, at its sole discretion, deem the Contractor non-responsible in the evaluation of future Public Works Contract bid opportunities.

SECTION 3. SEVERABILITY.

If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of #2..
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16 Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) The City Council hereby finds that the adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 5. EFFECTIVE DATE.

This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 6. PUBLICATION.

At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the __ day of March, 2022, by Council Member _________, who moved its introduction and passage to print, which motion being duly seconded by Council Member_____, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NAYS: Councilmembers:

Absent: Councilmembers:
#2..
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17 APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

BY: __________________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
5048833.5
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18 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ____day of March , 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, MAYOR
ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
Effective Date: _________________, 2022
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Year Month Modesto CA
2011 Jan 18 12.3
2011 Feb 17.9 12.2
2011 Mar 17.8 12.1
2011 Apr 17 12
2011 May 16.4 12
2011 Jun 17 12
2011 Jul 16.7 12
2011 Aug 15.6 11.9
2011 Sep 14.9 11.8
2011 Oct 15 11.6
2011 Nov 15.3 11.5
2011 Dec 15.9 11.3
2012 Jan 16.4 11.2
2012 Feb 16.6 11
2012 Mar 16.3 11
2012 Apr 15.5 10.9
2012 May 14.9 10.8
2012 Jun 15.3 10.7
2012 Jul 15.3 10.5
2012 Aug 13.9 10.3
2012 Sep 12.7 10.2
2012 Oct 13.2 10
2012 Nov 13.5 9.9
2012 Dec 14.2 9.8
2013 Jan 15 9.7
2013 Feb 14.5 9.5
2013 Mar 14.1 9.4
2013 Apr 13.3 9.3
2013 May 12.5 9.2
2013 Jun 13.3 9.1
2013 Jul 12.7
9 2013 Aug 11.8 8.9
2013 Sep 11.2 8.8
2013 Oct 11.7 8.6
2013 Nov 12 8.5
2013 Dec 12 8.4
2014 Jan 12.9 8.2
2014 Feb 12.8 8.1
2014 Mar 13
8 2014 Apr 11.6 7.8
2014 May 11 7.7
2014 Jun 11.2 7.6
2014 Jul 11 7.5
2014 Aug 10.1 7.4
2014 Sep 9.4 7.3
Jan
Mar
May
Jul
Sep
Nov
Jan
Mar
May
Jul
Sep
Nov
Jan
02468
10 12
14 16
18 20
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2014 Oct 9.6 7.2
2014 Nov 10.1 7.1
2014 Dec 10.1 6.9
2015 Jan 10.9 6.8
2015 Feb 10.7 6.7
2015 Mar 10.7 6.6
2015 Apr 9.9 6.5
2015 May 9.4 6.4
2015 Jun 9.7 6.3
2015 Jul 9.3 6.2
2015 Aug 8.3
6 2015 Sep 7.8 5.9
2015 Oct 8.2 5.8
2015 Nov 8.6 5.8
2015 Dec 8.7 5.7
2016 Jan 8.2 5.7
2016 Feb 8.1 5.6
2016 Mar 8.4 5.6
2016 Apr 7.9 5.5
2016 May 7.2 5.5
2016 Jun 8.2 5.5
2016 Jul 8.1 5.5
2016 Aug 7.5 5.5
2016 Sep 7.3 5.5
2016 Oct 7.7 5.5
2016 Nov 7.4 5.4
2016 Dec 7.5 5.4
2017 Jan 7.9 5.3
2017 Feb 7.7 5.2
2017 Mar 7.5 5.1
2017 Apr 6.8
5 2017 May 6.5 4.9
2017 Jun 7.4 4.8
2017 Jul 7.4 4.8
2017 Aug
7 4.7
2017 Sep 6.2 4.7
2017 Oct 5.9 4.6
2017 Nov 5.9 4.5
2017 Dec 5.8 4.5
2018 Jan 6.3 4.4
2018 Feb 6.2 4.4
2018 Mar 6.3 4.3
2018 Apr 5.7 4.3
2018 May 5.3 4.2
2018 Jun 6.5 4.2
2018 Jul 6.5 4.2
2018 Aug
6 4.2
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2018 Sep 5.3 4.2
2018 Oct 5.5 4.3
2018 Nov 5.6 4.3
2018 Dec 5.8 4.3
2019 Jan 6.4 4.3
2019 Feb 5.8 4.3
2019 Mar
6 4.2
2019 Apr 5.3 4.1
2019 May 5.2 4.1
2019 Jun
6 4.1
2019 Jul 6.2 4.1
2019 Aug 5.6 4.1
2019 Sep 4.8 4.1
2019 Oct 5.1 4.1
2019 Nov 5.2 4.1
2019 Dec 5.2 4.2
2020 Jan 5.7 4.2
2020 Feb 5.4 4.3
2020 Mar 6.3 4.5
2020 Apr 17.7 16
2020 May 16.4 15.6
2020 Jun 14.3 14.1
2020 Jul 13.7 13.2
2020 Aug 12.1 12.3
2020 Sep 11.1 10.6
2020 Oct 9.8 9.8
2020 Nov 8.2 8.7
2020 Dec 9.4 9.3
2021 Jan 8.9
9 2021 Feb 8.3 8.5
2021 Mar 7.9 8.3
2021 Apr
88 2021 May 7.8 7.7
2021 Jun 8.7 7.6
2021 Jul 8.6 7.6
2021 Aug 7.5
2021 Sep
2021 Oct
2021 Nov
2021 Dec
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Unemployment Rates 2011 - 2021
Bureau of Labor Statistics, Modesto (City) vs. California Jan
Mar
May
Jul
Sep
Nov
Jan
Mar
May
Jul
Sep
Nov
Jan
Mar
May
Jul
Sep
Nov
Jan
Mar
May
Jul
Sep
Nov
Jan
Mar
May
Jul
Sep
Nov
Jan
Mar
May
Jul
Sep
Nov
Jan
Mar
May
Jul
Sep
Nov
Jan
Modesto CA
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California
May
Jul
Sep
Nov
Jan
Mar
May
Jul
Sep
Nov
Jan
Mar
May
Jul
Sep
Nov
Jan
Mar
May
Jul
Sep
Nov
Jan
Mar
May
Jul
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2020 STANISLAUS COUNTY

COMMUTER STUDY
DATE
John Cervetto, MSW Project Director
Amalia Freedman Project Sponsor
Report to the Stanislaus County Workforce Development Board #2..
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2 Presentation Overview
Project Objectives
COVID-19 Impacts
Study Methodology
Commuter Assessment Key Findings
Workforce and Economic Opportunities Key
Findings
Commuter Assessment Research
Questions
• Who are the people commuting out of Stanislaus
County in to the Bay Area for work?
• What are the commuting patterns of the people
commuting out of Stanislaus County in to the Bay
Area for work?
• What are the barriers and facilitators to
relocation?
Workforce and Economic Opportunities
Research Questions
• What are current workforce and economic trends
in Stanislaus County?
• What are the gaps and opportunities for
increasing local employment?
Project Research Questions
#2..
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3 COVID-19 Impacts
• Unemployment has risen to15%; Over 42,000
jobs lost in Stanislaus County
• Service, Retail, and Hospitality Industries have
experienced the greatest impact
• Remote workforce has grown by 40%
• Job losses and remote work has decreased
commuter volume
COVID shut down and recession has changed the
economic landscape in Stanislaus County:

The Commuter Survey uses commuter data from
the second half of 2019
• Reflects Stanislaus County workforce and
economic trend right before the Pandemic hit
• Describes the pre-COVID commuter
characteristics and economic trends
• Provides a benchmark for future planning and
recovery efforts
How this report can be used for current and future
economic development planning:
• Understand how industries, occupations, and
employment changed temporarily and
permanently
• Inform adjustments to long-term economic plans
and strategies to address COVID impacts
• Identify skills, occupations, and industries should
be developed as economy recovers
• Identify parts of the workforce that needs
retraining or employment services
• Provide labor force data and insights to attract
businesses looking for Post-COVID relocation site
Deeper and more targeted research is needed to fully understand the local and regional impacts to the economy and workforce #2..
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4 Study Methodology
Interviews
• 23 Telephone Interviews with
Commuters
• 3 Telephone Interviews with
Employers
Labor Market Data
(JobsEQ from Chmura)
• Worker replacement needs
• Difficult to fill positions
• Occupation & skill gaps
• Incumbent worker training
needs
Survey
• 115,000 paper-based surveys were mailed to residents
• Additional surveys were distributed online through the project website and using email-intercept surveys
• 3,061 Eligible Responses
• Online: 27%
• Paper: 40%
• Phone Survey: 33%
RDA maximizes the validity of
findings by employing a
mixed-methods approach.

This approach to integrates
both qualitative and
quantitative data to best
understand the status of
commuters and the
relationship between
commuting and workforce
or economic changes in
Stanislaus County.
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COMMUTER ASSESSMENT
#2..
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6 COMMUTER ASSESSMENT
Research Objectives
Demographic Profile
Describe the profile of
commuters [e.g. age, race,
gender, household size, income,
occupation]
Commute Patterns
Describe commute patterns
[e.g. travel times, mode of
transit, costs], the experience of
commuting, and how
commuting impacts quality of
life
Willingness to Relocate
Jobs
Describe how willing
commuters are to change to a
job closer to home
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7 COMMUTER SURVEY RESULTS
Breakdown of Survey Respondents by Commute Destination
3,061 [100%]
Total Respondents
1,177 [38%]
Local Commuters
1,464 [48%]
Out-of-County Commuters
774 [53%]
Bay Area Commuters
690 [47%]
Non-Bay Area Commuters
420 [14%]
Unknown Destination

BAY AREA COMMUTERS
Slide headings include
specific commuter population
being described.
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8 BAY AREA COMMUTERS
Demographic Profile
Commuters travelling to the Bay Area
were more likely to have the following
characteristics:
69% male
31% 45-54 years old
47% 4 or more in household
69% have children under the age of 17
68% possess some college or less
Made almost $35,700 more on
average in annual earnings than local
commuters.
$90,304.75
$73,263.26
$54,607.79
Commuter to Bay Area
Average Salary
Commuter to non-Bay
Area County Average
Salary
Local Commuter Average
Salary
“I don't dislike it. It's part of life. To get a better paying job you have to commute to the Bay. I could
find the same job in Modesto making 10-15 an
hour less. It's the tradeoff.”
– Resident of Stanislaus County
#2..
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9 BAY AREA COMMUTERS
Demographic Profile
Most commuters travelling to the Bay Area
work in the following industries:
18% Construction
14% Manufacturing
12% Health Care and Social Assistance
9% Logistics/Transportation
Popular occupations among commuters
travelling to the Bay Area include:
17% Management
13% Construction and Extract
9% Office and Administrative Support
15%
3%
3%
5%
7%
7%
8%
9%
12%
14%
18%
0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20%
All Other Industries
Retail Trade
Accommodation and Food Service
Educational Services
Professional, Scientific, and Technical Services
Public Administration
Unspecified
Logistics/Warehousing
Health Care and Social Assistance
Manufacturing
Construction
Bay Area [n=672]
#2..
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10 All OUT-OF-COUNTY COMMUTERS
Commute Patterns
San Joaquin County is the most
common commute destination
(30%) for out-of-county
commuters.
53% of out-of-county
commuters travel to one of the
counties in the Bay Area
region.
49% of out-of-county
commutes originate in Modesto.
#2..
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11 All OUT-OF-COUNTY COMMUTERS
Commute Patterns
92% of out-of-county
commuters travel by driving
alone because it is the most
efficient form of transit for
their commutes.

Distance
• 63 miles
Time
• 1 hour
40 min
Cost
• $106
“Driving gets riskier every year as more and more cars fill the roads, with an unfortunately high number of people who are stressed out, use their phones while driving, are impatient, drive too fast, or otherwise practice poor driving habits.” – Stanislaus County resident
#2..
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12 NEGATIVE IMPACT ON QUALITY OF LIFE
Commute Patterns
Residents who travel long distances for work experienced more negative impacts on quality of life and perceived sense of safety than those commuting shorter distances.

The longer the commute, the more negative the reported impacts. “These commutes just to survive
are ridiculous. I can work in
higher paid areas but can't
afford to live there. Something
needs to change so everyone is
not killing ourselves just to
survive.”
– Stanislaus County resident
#2..
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13 NEGATIVE IMPACT ON QUALITY OF LIFE
Commute Patterns
The majority of out-of-county commuters
reported that their commute has negative
impacts on:
 time spent with family
 time to pursue their own interests
 health
 sleep
5%
41% 42% 44%
54% 56%
73%
6%
32%
23%
18%
22% 21%
34%
Other
impacts
[n=124]
Finances
[n=838]
Mental
Health
[n=792]
Physical
Health
[n=787]
Time to
pursue my
own
interests
[n=984]
Sleep
[n=980]
Time to
spend with
family
[n=1,319]
Out-Of-County Commuters Local Commuters
#2..
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14 WILLINGESS TO WORK CLOSER TO HOME
Commute Patterns
83% of out-ofcounty commuters
are willing to
change to a similar
job closer to home.
77% would
change jobs for
the same salary or
slightly less than
what they are
currently earning.

Commuters are MORE
willing to change to a job
closer to home if:
• Employer provides comparable
benefits
• Employers could ensure a similar
level of professional
development
• Workplace cultivates and
embraces diversity and equality
Commuters are LESS willing to
change to a job closer to home if:
• Their job depends on a network of
clients developed over time
• They are in a specialized or niche
field
• They are older and closer to being
vested in their employer-sponsored
retirement plan
• The employer landscape is perceived
to be less competitive or more
susceptible to recession
#2..
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15 REVIEW OF KEY FINDINGS
Commuter Assessment
53% of out-of-county commuters travel from Stanislaus County to the Bay Area region, mainly to Alameda or Santa Clara counties, for work. The demand for more workers in the Bay Area Construction industry is the driving force behind the shifting characteristics of the average commuter profile over the last 20 years.
Commuters traveling to the Bay Area for work are earning on average $35,700 more per year compared to people commuting locally within Stanislaus County. 77% of out-of-county commuters are willing to change to a job closer to home for the same or slightly less than what they are currently earning. #2..
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WORKFORCE AND ECONOMIC

OPPORTUNITIES
#2..
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17 WORKFORCE AND ECONOMIC OPPORTUNITIES
Research Objectives
The second component to the 2020
Commuter Study is the
identification of opportunities
where the commuter population
can be leveraged to strengthen
the local workforce and economy
in Stanislaus County by looking at:

1. Ways commuters do and do
not meet existing workforce
needs of local industries and
employers

2. Strategies to attract businesses
and workers to strengthen local
economy and workforce
Industry Assessment
• Assess performance indicators of top out-of-county commuter industries
• Evaluates the proportion of out-of-county transferable skills by industry
Recommended Industries for Potential Investment
• Identify industries who meet assessment criteria for potential investment
Recommended Next Steps
• Identify strategies to attract businesses and workers #2..
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18 INDUSTRY ASSESSMENT
Job Demand & Growth
Industries most popular among out-ofcounty commuters were assessed for the following:
“Another piece is housing costs in the area. For
example, a line staff is thinking of moving to work in
our Sacramento office due to housing costs in the Bay
Area. It is also helpful to the company to locate in a
place with low leasing cost and office space. The
drawback is the skillset and talent pool, particularly
on the technology side.”
– Employer interview
Industry
Assessment
5-year forecasted
job demand
10-year historic
employment growth
5-year forecasted
employment growth
Proportion of out- of-county
commuters in that
industry
Proportion of
commuter
transferable skills
by occupation
types for each
industry
#2..
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19 INDUSTRY ASSESSMENT
Job Demand & Growth
Employment Growth:
31,151 jobs were added in Stanislaus
County over the past 10 years mostly in
Health Care and Social Assistance,
Accommodation and Food Services,
Construction, Logistics/ Warehousing, and
Retail Trade industries.
11,739 jobs were added in the last 10
years by the Health Care and Social
Assistance industry alone, more than any
other industry sector.
-0,393, [-1.1%]
-0,388, [-2.2%]
-0,282, [-0.5%]
0,129, [0.9%]
0,297, [0.1%]
0,750, [1.2%]
2,400, [1.3%]
3,190, [1.4%]
3,335, [4.1%]
3,338, [3.2%]
3,833, [2.5%]
11,739,
[4.1%]
Finance and Insurance
Management of Companies and
Enterprises
Public Administration
Utilities
Manufacturing
Professional, Scientific, and Technical
Services
Educational Services
Retail Trade
Logistics/ Warehousing
Construction
Accommodation and Food Services
Health Care and Social Assistance
#2..
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20 INDUSTRY ASSESSMENT
Job Demand & Growth
Employment Growth:

The Health Care and Social Assistance
industry is expected to add 3,635 more
jobs in Stanislaus County over the next five
years – demonstrating potential to hire
commuters to work locally. 3,635
1,636
946
609
419 262 201 84 38
-10 -10 -115 -500
0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
Health Care and
Social Assistance
Finance and
Insurance
Accommodation
and Food
Construction Logistics/
Warehousing
Professional,
Scientific, and
Technical
Educational Public
Administration
Management of
Companies and
Enterprises
Utilities Retail Trade Manufacturing
# of Jobs in 5-Years
#2..
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21 INDUSTRY

ASSESSMENT
Transferable Skills 85% of commuters can be
hired by key Stanislaus County
industries to work locally.
99% 99%
97% 97%
96%
93%
90% 90%
84%
86%
88%
90%
92%
94%
96%
98%
100%
Construction Transportation and
Warehousing
Retail Trade Management of
Companies and
Enterprises
Manufacturing Educational Services Utilities Professional, Scientific, and
Technical Services
% Transferable Skills
Of 12 industries examined, eight
of them had a 90% or higher
transferable skill rate.
#2..
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22 INDUSTRY ASSESSMENT
Results
Industries that MEET the
criteria for potential
development:
• Health Care and Social
Assistance
• Construction
• Logistics/Warehousing
• Educational Services
• Professional, Scientific,
and Technical Services
Industries that DO NOT
meet the criteria for
potential development:
• Accommodation and Food
Service
• Manufacturing
• Retail Trade
• Public Administration
• Retail Trade
• Utilities
• Finance and Insurance
Representing over 5,000
new jobs over the next five
years, promising industries for
development include:
 Health Care and Social
Assistance
 Construction
 Logistics/Warehousing
 Educational Services
 Professional, Scientific,
and Technical Services
#2..
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23 REVIEW OF KEY FINDINGS
Workforce and Economic Opportunities
 Health Care and Social Assistance is anticipated to have the greatest job demand compared to any other industry and add 3,635 new jobs in Stanislaus County by 2025.  85% of commuters can be hired to work for the following industries with the strongest outlook: Health Care and Social Assistance; Construction; Logistics/Warehousing; Educational Services; and Professional, Scientific, and Technical Services.  Representing over 5,000 new jobs over the next five years, promising industries for investment include: Health Care and Social Assistance; Construction; Logistics/Warehousing; Educational Services; Professional, Scientific, and Technical Services. #2..
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Recommendations for Next Steps
#2..
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25 RECOMMENDATIONS FOR NEXT STEPS
Promote both the strategic geographic positioning of the County and opportunity to leverage CalSavers retirement program to potential employees.
Continue to develop and promote Opportunity Zones as an incentive for business development.
Partner with local community colleges to develop earn-and-learn pathways tailored to identified industries.
Support potential employers to develop strategies that attract more local talent.
Leverage workforce training and assisted employment programs to provide workers with opportunities in strategic occupations and industries. #2..
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Appendix of findings attached.

This report was developed by Resource Development Associates under contract with Stanislaus County Workforce Development.

About Resource Development Associates
Resource Development Associates (RDA) is a consulting firm based in Oakland, California, that serves government and nonprofit organizations throughout California as well as other states.

Our mission is to strengthen public and non-profit efforts to promote social and economic justice for vulnerable populations. RDA supports its clients through an integrated approach to planning, grant-writing, organizational development, and evaluation. 2020 Stanislaus County Commuter Study
#2..
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Appendix: Supplemental Slides
#2..
- 154 -
28 STUDY METHODOLOGY
 Survey data was culled and reviewed to ensure consistency and completeness  Denominators associated with each analysis may be less than the total number of eligible survey responses as some respondents did not answer every survey question; some responses were determined to be outliers
 Results comparing trends over the past 19 years include only Bay Area commuters to ensure alignment with populations studied in the 2000 and 2005 surveys #2..
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29 ROBUST SAMPLE SIZES OBTAINED
2020 Commuter Survey…
 Exceeds the sample of Stanislaus County residents in previous two commuter studies
 Exceeds the minimum required to make statistical inferences with less than 4% margin of error
 Ensures representation across all residents of Stanislaus County through post-stratification weighting based on zip code
#2..
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30 Population Population
Size
Ideal Sample Size Final Sample Size
3% MOE 5% MOE Actual Sample MOE
Confidence
Interval
Adults who are
working 218,492 1,062 383 3,061 2% +/-2%
Adults who are
working and commute
for work
204,139 1,062 384 2,827 2% +/-2%
Adults who are
working and commute
out of Stanislaus
County for work
51,924 1,046 381 1,220 2% +/-2%
Adult who are
working and commute
to the Bay Area for
Work (Including San
Joaquin County)
43,924 1,046 382 1,012 3% +/-3%
Adults who are
working and commute
to Bay Area for work
(excluding San
Joaquin County)
16,102 1,001 376 625 3.5% +/-3.5%
#2..
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31 WORKFORCE AND ECONOMIC TRENDS
Economic Trends
Trends demonstrate increasing concentration
of employment within fewer industries based
on population aging and challenges to
increasing education attainment.
-7%
-5%
-3%
-1%
1%
3%
5%
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Stanislaus County, California [1.3%] California [1.8%] USA [1.6%] Recession Period 17,457
20,501
21,804
23,986
35,409
0 10,000 20,000 30,000 40,000
Accommodation and Food Services
Educational Services
Manufacturing
Retail Trade
Health Care and Social Assistance
Employment Size by Industry, 2019
Stanislaus County’s rate of employment was
especially susceptible to the highs and lows
of the recession when compared to the U.S.
and California.

Stanislaus County’s employment grew at a
slightly slower pace compared to the U.S. and
California.
#2..
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32 WORKFORCE AND ECONOMIC TRENDS
Workforce Trends
Modesto is home to the
second greatest share of
super-commuters in the U.S.

Differences in wages and
cost of living are the primary
factors influencing commute
trends of Stanislaus County
residents.
“It would sure be nice if Stanislaus County was competitive with job wages as the Bay Area is, then I would not have to sacrifice my health, mental state and family time in order to commute 90 miles a day in order to live here.” – Stanislaus County resident
Who is a ‘super- commuter’?
Any individual who
travels more than 50
miles or for longer
than 90 minutes to get
to work.
#2..
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33 WORKFORCE AND ECONOMIC TRENDS
Workforce Trends
Stanislaus County has a higher share of
employment in the public sector
compared to the Bay Area.

The increasing aging in the population has
created a demand for more health care
and social assistance type positions.

Educational attainment levels in
Stanislaus County lag the National, State,
and Bay Area rates for bachelor’s and
post-graduate degrees but is higher for
high school diplomas and associate
degrees.
“Sometimes we need to look outside the immediate
area because the candidate pool is small. If we
can’t find someone locally, we do sourcing outside
of the area. If we find someone, we pay relocation
for them to come here. We ideally have local teams,
but when we can’t find the talent, were open to
letting people work remotely.”
– Employer Interviewee
#2..
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34 Distribution of occupations are similar
for those working locally and those
commuting to the Bay Area EXCEPT for:
 Business and Financial Operations
 Computer and Mathematical
 Farming, Fishing, and Forestry
Suggests workforces are similar and
there is a potentially available
workforce in Stanislaus County that
companies can tap into.
1%
1%
3%
2%
7%
2%
2%
2%
3%
7%
3%
4%
0%
5%
5%
7%
5%
5%
6%
8%
9%
13%
0%
1%
1%
1%
1%
1%
2%
2%
3%
4%
4%
4%
5%
6%
6%
6%
7%
7%
8%
9%
10%
12%
Legal
Life, Physical, and Social Science
Architecture and Engineering
Arts, Design, Entertainment, Sports, and Media
Computer and Mathematical
Protective Service
Community and Social Service
Healthcare Support
Building and Grounds Cleaning and Maintenance
Business and Financial Operations
Installation, Maintenance, and Repair
Construction and Extraction
Farming, Fishing, and Forestry
Personal Care and Service
Healthcare Practitioners and Technical
Management
Production
Education, Training, and Library
Transportation and Material Moving
Food Preparation and Serving Related
Sales and Related
Office and Administrative Support
Stanislaus County Bay Area

WORKFORCE AND ECONOMIC
TRENDS
Workforce Trends
#2..
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35 Top Industries in Stanislaus
County
Job Growth
[10-year
history]
Job Growth
[5-year
forecast]
Job Demand
[5-year
forecast]
Commutes
Out-of-County
Commuter
Transferable
Skills
Industries that meet the criteria for potential investment:

Health Care and Social Assistance 11,739 3,635 21,079 14% 61% Construction 3,338 609 6,750 14% 99%
Logistics/Warehousing 3,335 419 5,933 10% 99%
Educational Services 2,400 201 9,711 11% 93%
Professional, Scientific, and
Technical Services 750 262 3,106 5% 90%
Industries that do not meet the criteria for potential investment:

Accommodation and Food Service 3,833 946 15,403 4% 56%
Retail Trade 3,190 -219 15,713 4% 97%
Manufacturing 297 -115 11,204 12% 96%
Utilities 129 -10 633 2% 90%
Public Administration -282 84 2,558 11% 80%
Management of Companies and
Enterprises -388 38 748 2% 96%
Finance and Insurance -393 61 1,636 2% 77%
#2..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING A POLICY TO ESTABLISH MINIMUM

REQUIREMENTS TO SUBMIT A BID ON A CITY CONTRACT FOR PUBLIC

WORKS PROJECTS
WHEREAS, the public construction industry must comply with various State and Federal laws; and
WHEREAS, State and local agencies are charged with enforcing contracting laws, such as prevailing wage laws; and
WHEREAS, the public contract bidding creates a competitive environment in which some contractors could evade such relevant laws in order to submit low bids; and WHEREAS, the City of Modesto must award contracts to the most responsive and responsible lowest bidders, further incentivizing contractors that do not comply with all laws to cut costs; and
WHEREAS, the award of public contracts to contractors that do not adhere to the contracting laws, such as prevailing wage law, may harm the integrity of the awarding body, and may result in lower wages and revenues for workers and the City of Modesto; and WHEREAS, the City Council desires to establish a policy of minimum requirements for submission of bids on City contracts for Public Works projects.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the following policy requirements for all Contractors and Subcontractors submitting a bid to the City for consideration of award of a public works contract:
a. Must comply with all State and Federal laws pre-requisite to doing business within the City of Modesto;
b. Must produce evidence of a federal employer tax number or social security number; #2..
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c. Must produce evidence of compliance with Equal Opportunity Employer requirements as required by law;
d. Must provide evidence of all insurance coverages specified in the bid proposal; e. Must comply with all provisions of the California Prevailing Wage Act.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the __________ day of ______________2022, by Councilmember _____________, who moved its adoption, which motion being duly seconded by Councilmember _____________, was upon roll call carried and adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
#2..
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Economic Development CommitteeFebruary 7, 2022

Economic Development Committee
February 7, 2022