Agenda packet — Economic Development Committee, May 2, 2022 (part 1 of 2)

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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, May 02, 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 * 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 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. - 1 -
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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.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
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 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 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 - 3 -
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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 proposed airspace and roadway easements within APN: 102- 016-003, Tuolumne River Regional Park Gateway parcel, necessary to construct the 7th Street Bridge Replacement Project. (Funding Source: Not Applicable) CED; John Rawles, 209-577-5253, [email protected]
Consent

2. Consider approving the award of bid for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a oneyear with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years, and forwarding to Council for approval. (Funding Source: Water Fund)
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent

3. Consider approving the sole source Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson Community Water System, for a five year Agreement, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years, and forwarding to Council for approval. (Funding Source: Water Fund) UTILITIES; Jeff Daniels, 209-342-4568, [email protected] Consent

4. Consider approving an Agreement with National Plant Services, Inc., Hayward, CA, for Pipe Inspection and Assessment services for the River Trunk Inspection Project in the amount of $163,000, plus $16,300 for additional services, if needed, for a total not to exceed amount of $179,300; and forwarding to Council for approval. (Funding Source: Wastewater Fund)
UTILITIES; Robert Englent, 209-577-6222, [email protected]

NEW BUSINESS

5. Receive notification of the Capital Facilities Fees and Development User Fees annual inflationary adjustment for Fiscal Year 2022-23, and forwarding to Council. (Funding - 4 -
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Source: Capital Facilities Fees and Development User Fees) CED; Jessica Hill, 209-577-5321, [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:

May 2, 2022
Date: April 29, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: 7th Street Bridge Replacement Project - Proposed Airspace and Roadway Easements within Tuolumne River Regional Park Gateway Parcel CONTACT: John Rawles, Senior Civil Engineer, [email protected], (209) 577-5253 DESCRIPTION:

Consider approving the proposed airspace and roadway easements within APN: 102-016-003, Tuolumne River Regional Park Gateway parcel, necessary to construct the 7th Street Bridge Replacement Project. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient and Reliable Infrastructure.

BACKGROUND:

The Stanislaus County Department of Public Works (County), in cooperation with the City of Modesto, California Department of Transportation (Caltrans), and Federal Highway Administration (FHWA), will replace the historic 7th Street Bridge over the Tuolumne River in order to correct structural and hydraulic deficiencies, increase the capacity of the 7th Street corridor, and to improve safety for vehicles, bicycles, and pedestrians.

DISCUSSION:

The 7th Street Bridge Replacement Project (Project) will have direct impacts on APN: 102-016- 003, Tuolumne River Regional Park (TRRP) Gateway Parcel, as shown on the attached 7th Street Right-Of-Way Exhibit, Airspace Easement Plat and Legal, and Roadway Easement Plat and Legal. This parcel is jointly owned by the TRRP Joint Powers Authority (JPA) comprised of the County of Stanislaus, City of Modesto, and City of Ceres. #1..
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Economic Development Committee, May 2, 2022
7th Street Bridge Replacement Project - Proposed Airspace and Roadway Easements within Tuolumne River Regional Park Gateway Parcel Page 2 of 2 Two areas of this parcel will be impacted. The first is an area to the east of the existing 7th Street Bridge in which the new bridge will have both aerial and surface impacts to the TRRP parcel underneath the new bridge. The second is an area near Tuolumne Boulevard and west of the existing 7th Street Bridge in which the new bridge will have both aerial and surface impacts to the adjacent TRRP parcel.

This item was heard by the TRRP Citizens Advisory Committee on January 20, 2021 and by the TRRP Joint Powers Association Commission on February 10, 2021, which both provided conceptual approvals of the 7th Street Bridge Replacement Project Impacts.

There are development restrictions on the property due to grant funding obtained through California State Parks. Because of this, the Project was presented to California State Parks through the Office of Grants and Local Services (OGALS). Since the Project contains a Class I bike trail on the west side of the new bridge, there will not be a negative impact to the park.

OGALS issued a letter to the City on March 11, 2022, in which they determined that the Project would not be considered a conversion of park land under the Land and Water Conservation Fund (LWCF) guidelines. In short, the Project will not need to purchase replacement park land in order to mitigate the impacts to the park, because there are no negative impacts. OGALS has indicated that, since construction staging could impact the park temporarily, they will provide the Project with a temporary non-conforming use approval during Construction.

Following City Council approval, the County of Stanislaus will seek Council/Board approval from the remaining two joint owners of the TRRP Gateway Parcel (City of Ceres and Stanislaus County).

FISCAL IMPACT:

There is no fiscal impact associated with approving the airspace and roadway easements associated with this project.

Approved by:

Jaylen French, Director of Community and
Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. 7th Street Right-Of-Way Exhibit

2. Airspace Easement Plat and Legal

3. Roadway Easement Plat and Legal
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7TH STREET PLAN

STANISLAUS COUNTY
STANISLAUS COUNTY, CALIFORNIA 1 7TH STREET BRIDGE

RIGHT OF WAY EXHIBIT

REPLACEMENT PROJECT
CALL BEFORE YOU DIG 1
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EXHIBIT “A”

AIRSPACE EASEMENT

LEGAL DESCRIPTION
All that real property situated in Stanislaus County, State of California, being a portion of Sections 32 and 33, Township 3 South, Range 9 East, Mount Diablo Base & Meridian, and described in the GRANT DEED to County of Stanislaus, a political corporation of the State of California, City of Modesto, a municipal corporation of the State of California, and the City of Ceres, a municipal corporation of the State of California, recorded May 22, 1996 in Document Number 96-0040771-00, Official Records of Stanislaus County, more particularly described as:

PARCEL 1
Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 14°10’21” East, 853.94 feet to the westerly right of way of 7th Street Bridge as shown on County Survey No. 293, dated October 6, 1908 and as shown on that certain STATE OF CALIFORNIA HIGHWAY MAP dated December 14, 1912 and the Point of Beginning; thence along said westerly right of way of 7th Street Bridge, North 11°56’47” West, 832.28 feet; thence leaving said westerly right of way of 7th Street Bridge, South 76°09’36” East, 50.00 feet; thence South 13°50’24” East 83.34 feet; thence South 19°15’32” East 238.25 feet; thence South 13°50’24” East, 511.30 feet to said westerly right of way of 7th Street Bridge and the Point of Beginning.

Containing 15,981 square feet or 0.37 acres, more or less.

PARCEL 2
Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 #1..
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in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 10°07’14” West, 528.33 feet to the easterly right of way of 7th Street Bridge, as shown on said County Survey No. 293 and on said STATE OF CALIFORNIA HIGHWAY MAP, and the Point of Beginning; thence along said easterly right of way of 7th Street Bridge, North 11°56’47” West, 1159.17 feet; thence leaving said easterly right of way of 7th Street Bridge, North 76°09’36” West, 30.61 feet to a point on the westerly right of way of Southern Pacific Railroad as shown on that certain RECORD of SURVEY, filed April 10, 1998 in Volume 24 of Surveys at Page 38, Official Records of Stanislaus County; thence along said westerly right of way of Southern Pacific Railroad, South 13°20’40” East, 1167.05 feet; thence leaving said westerly right of way of Southern Pacific Railroad, South 84°21’48” East, 56.40 feet to said easterly right of way of 7 th Street Bridge and the Point of Beginning.

Containing 52,100 square feet or 1.20 acres, more or less.

The basis of bearings for this description is the bearing between published monument #2224 & #2324, as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, having a bearing of South 12°46'40" West.

Grid distances shown are in US Survey feet, divide the distances shown above by 0.99993 to obtain ground level distances.
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This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act.

3/11/2022
Sam McIntyre, LS 9313 Date
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SHEET 1 OF 2
Exhibit B
Airspace Easement
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTIONS 32,33
T3S, R9E M.D.M.
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SHEET 2 OF 2
Exhibit B
Airspace Easement
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTIONS 32,33
T3S, R9E M.D.M.

SCALE 1" = 200'
0 100 200 400
Feet
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Page 1 of 3 ends

EXHIBIT “A”

RIGHT-OF-WAY-DEDICATION

LEGAL DESCRIPTION
All that real property situated in Stanislaus County, State of California, being a portion of Sections 32, Township 3 South, Range 9 East, Mount Diablo Base & Meridian, and described in the GRANT DEED to County of Stanislaus, a political corporation of the State of California, City of Modesto, a municipal corporation of the State of California, and the City of Ceres, a municipal corporation of the State of California, recorded May 22, 1996 in Document Number 96-0040771-00, Official Records of Stanislaus County, more particularly described as:

PARCEL 1:

Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 13°04’25” East, 1685.90 feet to the westerly right of way of 7th Street Bridge as shown on County Survey No.293 dated October 6, 1908 and as shown on that certain STATE OF CALIFORNIA HIGHWAY MAP dated December 14th, 1912 and the Point of Beginning; thence along said westerly right of way of 7th Street Bridge, North 11°56’47” West, 36.79 feet; thence leaving said westerly right of way of 7th Street Bridge, South 53°06’36” West, 0.28 feet to the westerly right of way of 7th street as shown on that certain RECORD of SURVEY, filed April 10, 1998 in Volume 24 of Surveys at Page 38, Official Records of Stanislaus County; thence along said westerly right of way of 7 th Street, North 13°20’40” West, 80.00 feet; thence leaving said westerly right of way of 7th Street and along the North line of said GRANT DEED, South 53°06’36” West, 65.91 feet; thence leaving said North line, South 13°50’24” East 90.85 feet; thence North 76°09’36” East, 59.00 feet, to the westerly right of way of 7th Street Bridge and the Point of Beginning.

Parcel 1 Containing 6,227 square feet or 0.14 acres, more or less. #1..
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PARCEL 2:

Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 11°22’30” East, 1687.31 feet to the easterly right of way of 7th Street Bridge as shown on said County Survey No. 293, and said STATE OF CALIFORNIA HIGHWAY MAP, and the Point of Beginning; thence along said easterly right of way of 7th Street Bridge, North 11°56’47” West, 58.40 feet to a point on the southerly line of 7th Street as shown on said RECORD of SURVEY filed in Volume 24 of Surveys at Page 38; thence along said southerly line, North 53°06’36” East, 31.84 feet to the westerly right of way of Southern Pacific Railroad, as shown on said RECORD of SURVEY filed in Volume 24 of Surveys at Page 38; thence along said westerly right of way of Southern Pacific Railroad, South 13°20’40” East, 70.83 feet; thence leaving said westerly right of way of Southern Pacific Railroad, South 76°09’36” West, 30.61 feet to said easterly line of 7th Street Bridge and the Point of Beginning.

Parcel 2 Containing 1,927 square feet or 0.04 acres, more or less.

Grid distances shown are in US Survey feet, divide the distances shown above by 0.99993 to obtain ground level distances.
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This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act.

3/11/2022
Sam McIntyre, LS 9313 Date
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Exhibit B
Right-Of-Way Dedication
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTION 32
T3S, R9E M.D.M.

SHEET 1 OF 2
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Exhibit B
Right-Of-Way Dedication
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTION 32
T3S, R9E M.D.M.

SCALE 1" = 100'
0 50 100 200
Feet
SHEET 2 OF 2
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 2, 2022
Date: April 6, 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: Approve Agreement for Purchase of Sodium Hypochlorite – Liquid Chlorine CONTACT: Jeff Daniels, Water Division Manager, [email protected],(209) 342-4585 DESCRIPTION:

Consider approving the award of bid for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a one-year with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years, and forwarding to Council for approval. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City operates and maintains seventy-seven active potable water wells and twelve tanks. State regulations require the Water Division to disinfect the water to kill or inactivate most microorganisms. Sodium Hypochlorite is used to disinfect the wells and tanks throughout the City’s water system.

On September 5, 2017, by Resolution No. 2017-343, Council authorized the approval of the purchase of Sodium-Hypochlorite – Liquid Chlorine to Olin Alkali, Tracy, CA, for the Utilities Department, Water Division, for five years at a total cost of $225,000.

The current Agreement No. 129164 with Olin Corp-Chlor Alkali expires on September 1, 2022.

DISCUSSION:

The City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine. #2..
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Economic Development Committee, May 2, 2022
Approve Agreement for Purchase of Sodium Hypochlorite – Liquid Chlorine

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88500-Water and Wastewater Treating Chemicals, 19000-Chemicals and Solvents, Commercial (In Bulk) ² Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19.

On January 11, 2022, the Purchasing Division issued RFB 2122-05 Sodium Hypochlorite – Liquid Chlorine, on Planet Bids via the City’s website under two commodity codes¹. Prospective bidders were notified online and via email of the bid opportunity. Eighteen companies chose to download the RFB document.

On February 15, 2022, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream². Two companies chose to respond. Based on providing the lowest responsive and responsible bid, City staff recommended the award of bid for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine, to Univar Solutions USA Inc., Kent, WA (“Univar”).

Modesto Municipal Code, 8-3.203, generally requires all purchases which meet or exceed $50,000 for material, equipment, or contractual services to follow formal bid procedures. An award of bid and agreement for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine for the Utilities/Water Division to Univar Solutions USA Inc., Kent, WA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Univar was the lowest responsive and responsible bidder.

FISCAL IMPACT:

Expenditures over the last four years under the current agreement are provided below:

Fiscal Year Total
FY 17/18 $ 39,627
FY 18/19 $ 47,762
FY 19/20 $ 55,629
FY 20/21 $ 42,932
Grand Total $185,950
Based on current pricing per RFB No. 2122-05, staff estimates an annual amount of $100,000 and a total amount not to exceed $661,010 over five years which includes an estimated percentage increase from the Producers Price Index and rising fuel costs for years two through five.

Funds are budgeted in the Water Fund 4100-45050-52190 Chemicals and Lab Supplies.

Below is a breakdown of estimated yearly expenses for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine for potable water wells and tanks throughout the City’s water system.

SODIUM HYPOCHLORITE Year 1 Year 2 Year 3 Year 4 Year 5 Total Estimated Annual Cost $100,000 $100,000 $114,000 $129,960 $148,154 $592,114 Estimated Annual Increase $14,000 $15,960 $18,194 $20,742 $68,896 TOTAL $100,000 $114,000 $129,960 $148,154 $168,896 $661,010 #2..
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Economic Development Committee, May 2, 2022
Approve Agreement for Purchase of Sodium Hypochlorite – Liquid Chlorine

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88500-Water and Wastewater Treating Chemicals, 19000-Chemicals and Solvents, Commercial (In Bulk) ² Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19.

Approved by:

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

1. Agreement

2. Exhibit B Bid Submittal

3. Exhibit C RFB 2122-05

4. Financial Interest Disclosure

5. Cost Abstract
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ANNUAL AGREEMENT NO 220371
UNIVAR SOLUTIONS USA, INC.

FOR SODIUM HYPOCHLORITE – LIQUID CHLORINE
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 Univar Solutions USA Inc., 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 purchase and delivery of Sodium Hypochlorite – Liquid Chlorine 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 purchase and delivery of Sodium Hypochlorite – Liquid Chlorine as described in RFB 2122-05, 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 provide and deliver Sodium Hypochlorite – Liquid Chlorine insofar as such scope of service as specified in RFB 2122-05, 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.
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e. CONTRACTOR shall furnish the service defined for the following contracted rates, for an estimated annual amount of $100,000, and a total amount not to exceed $661,010 over five (5) years:

AGREEMENT PRICING
Item Description
Unit of
Measure Unit Pricing
Sodium Hypochlorite – Liquid Chlorine Gallon $1.35
Annual Safety Training Each $0.00
Emergency Delivery (24) Hour Turnaround (additional cost) Each $300.00____

2. CITY CONTACT:

Department Contact: Jeremy Parnell, Water Superintendent, (209) 342-4599 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.

3. CONTRACTOR CONTACT:

Customer Service: (800) 659-5908, [email protected] Municipal Specialist: Jennifer Perras (253) 872-5000, [email protected]

4. 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 up to five (5) years.

Year 1: July 1, 2022 through June 30, 2023
Year 2: July 1, 2023 through June 30, 2024
Year 3: July 1, 2024 through June 30, 2025
Year 4: July 1, 2025 through June 30, 2026
Year 5: July 1, 2026 through June 30, 2027
This agreement may be renewed for four (4) additional one-year terms by mutual, written agreement of the parties.

Pricing will remain firm for the first year of the agreement. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price #2..
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adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration: Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/ , California data.

Request(s) for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

5. DELIVERIES:

Location: City of Modesto
Water Division - Tank 6
1229 Carpenter Road
Modesto, CA 95352
Days of Week:Monday through Friday (excluding holidays) Delivery Hours: 7:00 A.M. to 12:00 P.M. and 12:30 P.M. – 3:30 P.M. PST In the event of an emergency, a delivery during non-business hours may be required.

Each Delivery Shall Include and left with CITY Staff:
1) A Certificate of Analysis shall be provided for the contents of the delivery. 2) A Bill of Lading shall be provided with each delivery. 3) Safety data sheet shall be made available upon request. 4) Weight Scale Certificate

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 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 #2..
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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 $2,000,000 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. d) Pollution Liability- and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.

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 #2..
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construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers ’ Compensation.

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the CITY, 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 purchase and delivery of sodium hypochlorite. 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]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division. #2..
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At a minimum, invoices shall state the following:
 Reference Annual Agreement #: 220371
 CITY department/division name and address
 Service hours worked day and week
 Unit price, extended price, sales tax and total

8. INDEMNITY:

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 #2..
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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 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 law’s 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 #2..
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perform required services or duties, willful destruction of CITY's property by CONTRACTOR, dishonesty or theft.

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 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, #2..
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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; 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.
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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 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 sub-contractors, 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. _____________;
b. Bid Submittal;
c. RFB 2122-05;
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.
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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:

CONTRACTOR: Attn: WER Muni Team
Univar Solutions USA Inc.
8201 S. 212th
Kent, WA 98032-1994
(253) 872-5000
[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.
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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 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.

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. 2022-_________, adopted by the Council of the City of Modesto on the _____________-day of__________, 2022 and Univar Solutions USA, Inc. has caused this Agreement to be duly executed. #2..
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EXHIBIT B
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1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
FOR
SODIUM HYPOCHLORITE – LIQUID CHLORINE
BID OPENING: FEBRUARY 15, 2022 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5406
EXHIBIT C #2..
- 152 -
2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05

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 . Product Specifications and Brochures…………..............................................................19 . Minimum Order Quantity………….…………............................................................... 20 . Safety Data Sheets (SDS)………………………............................................................ 21

TECHNICAL SPECIFICATIONS AND REQUIREMENTS
. Scope of Work.................................................................................................................. 22 . Specification Requirements.............................................................................................. 22 . Delivery Requirements................................................................................................23-24 . Required Licenses............................................................................................................. 25 . Insurance Requirements..............................................................................................25-26 . Transportation Compliance .............................................................................................. 26

GENERAL TERMS AND CONDITIONS
. Bid Submittal.................................................................................................................... 27 . Acceptance/Rejection of Irregular Bids........................................................................... 27 . Complete Bid Document.................................................................................................. 27 . Compliance / Non-Compliance........................................................................................ 28 . Pricing Format.................................................................................................................. 28 . Pricing Schedule............................................................................................................... 28 . Award of Bid .................................................................................................................... 28 . Term of Agreement .......................................................................................................... 29 . Termination of Services ................................................................................................... 29 . Quantities.......................................................................................................................... 30 . Funding............................................................................................................................. 31 . Other Government Agencies............................................................................................ 31 . Protest and Appeal Procedures ....................................................................................32-35 . Payment ............................................................................................................................ 36 . Sample Annual Agreement .........................................................................................37-48 #2..
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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 the purchase and delivery of Sodium Hypochlorite-Liquid Chlorine for the CITY of Modesto, Utilities Department, Water 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 to Tuesday February 15, 2022 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, 5
th 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 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
BID OPENING DATE: FEBRUARY 15, 2022 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. #2..
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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 JANUARY 11, 2022
Written Questions Due JANUARY 18, 2022
Addendum Issued (if required) JANUARY 25, 2022, (approximate date) Response Due PRIOR 11:00 A.M. on Tuesday, FEBRUARY 15, 2022 Bid Award Date Approximately AUGUST, 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’s 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. #2..
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5 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE
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, February 15, 2022.

The City Clerk, Record of Bid document will be available on Planet Bids by the end of day, Tuesday, February 15, 2022. The public bid opening for RFB 2122-05, Sodium Hypochlorite – Liquid Chlorine 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
Join Microsoft Teams 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.
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6 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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 . Product Specifications and Brochures.............................................................................. 19 . Minimum Order Quantity.……………………………………………………………. 20
. Safety Data Sheets (SDS)................................................................................................. 21 #2..
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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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.

All prices shall be F.O.B. Destination, Modesto, CA. Any freight/delivery charges shall be included in the unit price. Payment for product shall be made on the weight of the product as delivered to the location(s).

ESTIMATED ANNUAL 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. ** Item
No. Item Description
Estimated
Annual
Quantity
Unit of
Measure
Unit Price
(per gallon)
Extended Price
(Annually)

1. Sodium Hypochlorite – Liquid
Chlorine 60,000 Gallons $ $

2. Safety Training 2 day $ $
Total $
Tax (7.875%) $
Grand Total $
For costing purposes only.

3. Emergency Delivery (24) Hour Turnaround $
Company Name (Bidder):
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9 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

PRICING SCHEDULE
CITY Business/Delivery License No.__________ Expiration Date: __________ US DOT 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 1.6 for further details) Does bidder accept the CITY’s E-pay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.19 Payment.

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

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. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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:

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. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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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14 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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. #2..
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15 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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

Signature / Print:

Signature / Print:
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16 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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:
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17 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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.
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18 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

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):
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19 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

PRODUCT SPECIFICATIONS AND BROCHURES
Manufacturer’s product specifications and brochures for chemicals are required. Bidder is requested to provide with bid submittal.
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20 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

MINIMUM ORDER QUANTITY
Bidders shall provide the following:

Bulk Deliveries:

Sodium Hypochlorite (Liquid): ________________________________ #2..
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21 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

SAFETY DATA SHEETS
Safety Data Sheets are required on all chemicals described in this RFB. Bidder is requested to provide with bid submittal.
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22 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The CITY of Modesto, Utilities Department, Water Division is requesting the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine on an “as needed” basis, throughout the year.

The Sodium Hypochlorite is used to disinfect the domestic water supply, as specified by water purveyors permit issued by the California Department of Health Services. The disinfection process, using a 12.5% Sodium Hypochlorite solution, provides drinking water disinfection while maintaining chlorine residual in the distribution system.

1.2 SPECIFICATION REQUIREMENTS:

The Sodium Hypochlorite (12.5%) solution must meet or exceed the following:
• 3-minute Millipore test.
• Minimum of 120 Grams per Liter (GPL) available chlorine equivalent to 10.83 percent Sodium Hypochlorite by weight.
• Clear straw-colored liquid with no visible cloudiness, impurities, or sediment. • Minimum of 0.15 percent by weight Sodium Hydroxide.
• Maximum of 0.40 weight percent Sodium Hydroxide.
• Tested and certified as meeting these specifications and those of the AWWA Standard B300-10 and the National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects.

It is the responsibility of the supplier to inform the CITY that NSF or UL certification has been revoked or lapsed within twenty-four (24) hours of the time the supplier receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination of the agreement between the CITY and CONTRACTOR.

Sodium Hypochlorite shall meet the following contaminant concentration limits:

Iron < 0.3 mg/L
Copper < 0.03 mg/L
Nickel < 0.03 mg/L
Chlorate < 2,000 mg/L
Bromate < 20 mg/L
Perchlorate < 20 mg/L
Total Hardness < 3 mg/L (As calcium carbonate)
Filter Test Time < 3 minutes
Item/Description Number of Deliveries Estimated Gallons per Delivery
(Average)
Total Quantity
Sodium Hypochlorite (12.5%) 12 5,000 gallons 60,000 gallons #2..
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23 1.3 DELIVERY:

Location: CITY of Modesto
Water Division - Tank 6
1229 Carpenter Road
Modesto, CA 95352
Days of Week: Monday through Friday (excluding holidays) Delivery Hours: 7:00 A.M. to 12:00 P.M. and 12:30 P.M. – 3:30 P.M. PST In the event of an emergency, a delivery during non-business hours may be required.

CITY Contact: Jeremy Parnell, Utilities Plant Operations Supervisor, (209) 342-4599 Each Delivery shall include:

1. A Certificate of Analysis shall be provided for the contents of the delivery.

2. A Bill of Lading shall be provided with each delivery.

3. Safety data sheet shall be made available upon request.

4. Weight Scale Certificate
CONTRACTOR shall make “normal” deliveries within three (3) calendar days after receipt of order and must make “emergency” deliveries within 24 hours. An emergency delivery is defined as a delivery which is necessary in order to prevent the CITY from running out of Sodium Hypochlorite in less than thirty-six (36) hours. The CITY shall endeavor to minimize the number of “emergency” deliveries.

The delivery time of the shipment shall not exceed seventy-two (72) hours from the time of manufacture of the product. The suspended solids in the Sodium Hypochlorite delivered under this agreement shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1000 ml.

At the sole option of the CITY, the CONTRACTOR’s delivery personnel may be asked to collect a sample of the Sodium Hypochlorite before, or during unloading of the product. In such case, the CITY will supply the sample container, collection of a representative sample shall be taken either by the driver from the tank truck or a CITY Representative from the storage tank delivery line. The sample shall be considered representative of the lot.

The CITY reserves the right to subject samples of the Sodium Hypochlorite to analyses to ensure that it meets the required specifications. If the Sodium Hypochlorite does not meet the specifications, the CITY has the option of requiring the CONTRACTOR to remove and replace any and all rejected Sodium Hypochlorite within twenty-four (24) hours of notification. No payment shall be made for rejected Sodium Hypochlorite.

Under this agreement 1000 ml of the Sodium Hypochlorite supplied shall pass through a 0.8-micron filter (Millipore, type AA) under 25 inches Hg vacuum within three (3) minutes. The sample shall be taken directly to the CITY of Modesto’s WQC Lab where the Millipore test will be immediately completed. The driver of the delivery truck will be required to wait for the results of the filtration test prior to completing the unloading of the tanker.

The CONTRACTOR shall be responsible for any spills resulting from the failure of its or its sub-contractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties.

Proper performance shall require attendant delivery personnel’s constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. The CITY reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking Sodium Hypochlorite.
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24 The tanks or trailers shall be clean and free of residue that may contaminate the CONTRACTOR’s product or impede the unloading process. It is the CONTRACTOR’s responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of Sodium Hypochlorite shall be supplied by the CONTRACTOR and shall be clean and free from contaminating material. The CITY may reject a load if the equipment is not properly cleaned. The CONTRACTOR shall furnish a CITY approved, leak-free connection device between the trailer and the CITY’s intake receptacle. The CONTRACTOR shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. The CONTRACTOR shall take immediate and appropriate actions to clean up any spilled liquid Sodium Hypochlorite. If the spill is not cleaned up, the CITY will hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charge to the CONTRACTOR and deducted from the amount due to the CONTRACTOR. If the CITY’s unloading equipment such as pipe, valves or level indication and alarms should fail and the spillage is not the fault of the CONTRACTOR or its sub-contractor, the CONTRACTOR shall be relieved of cleanup of the spill.

Because of security and safety concerns, all delivery vehicle drivers shall be U.S. citizens and have a proper commercial driver’s license with a Hazardous Material endorsement. CONTRACTOR’s drivers shall display its driver’s license and whenever challenged by the CITY during the delivery.

The Water Division, Tank 6 has a 6,000-gallon poly tank that holds the Sodium Hypochlorite. Bulk deliveries are to be trucked into the facility. Off- loading equipment shall be the responsibility of the vendor and the product shall be pumped into an above ground tank.

1.4. TRAINING:

The successful bidder shall be prepared to provide safety training on the safe handling and use of the chemicals and emergency procedure in the event of a leak or spill.

1.5 CITY REPRESENTATIVE:

Work under any resulting agreement shall be performed under the general technical guidance and direction of the "CITY Representative". The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be affected only by written change to the agreement by the CITY of Modesto, Purchasing Division.

1.6 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the CITY, the CONTRACTOR shall be responsible for and have care, custody, and control of the work and of the materials to be used therein, including materials delivered to the work site, materials for which partial payment has been received, and materials that have been furnished by the CITY. The CONTRACTOR shall bear full risk of loss, injury or damage to any part of the work and materials by action of the elements, or from any other cause, whether arising from the execution or nonexecution of the work. The CONTRACTOR shall rebuild, repair, restore and make whole all loss or damage to any portion of the work or materials, before final acceptance and shall bear the expense thereof, except for such loss or damage caused by the acts of the CITY, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.

Suspension of work for any cause whatsoever shall not relieve the CONTRACTOR of his/her responsibility for the work and materials as specified on the work request.

The CONTRACTOR shall be responsible for any damage his/her activities cause to adjacent public or private property. The CONTRACTOR will take all measures necessary to protect adjacent natural areas from runoff, sedimentation, debris, or other damage resultant from the project activities. #2..
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25 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 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.

1.9 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.

1.10 LABOR FORCE AND SUPERVISION:

The CONTRACTOR shall provide sufficient labor at all times to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The CONTRACTOR shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the CITY, any person is incompetent or disorderly, CONTRACTOR shall promptly remove such person from the work for the duration of the contract.

1.11 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.

1.12 ADDITIONAL AND EMERGENCY PROTECTION:

Whenever, in the opinion of the CITY Representative, the CONTRACTOR has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the CITY Representative may provide suitable protection with or without first notifying the CONTRACTOR. The cost and expense of such protection provided by the CITY shall be borne by the CONTRACTOR. The CITY shall deduct the cost of such protection from any monies due or to become due to the CONTRACTOR.

1.13 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 $2,000,000 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. 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 CONTRACTOR’s and sub-contractors; products and completed operations. #2..
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26 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.

D. Pollution Liability – and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, insurance with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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, it’s agents, officers, officials, employees, and 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 sub-contractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of sub-contractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or agreement.

1.14 TRANSPORTATION OF HAZARDOUS MATERIALS:

In order to comply with the appropriate Federal and State requirements applicable to the transportation and dumping of hazardous waste materials/substances, the CONTRACTOR, or any commercial hauling/transporting firm through which the CONTRACTOR may obtain such services, must be licensed and registered to provide such service. All dumping facilities shall be licensed and certified to accept material being dumped. CONTRACTOR hereby warrants that it has obtained all necessary Federal and State licenses and registrations applicable to transports and transportation of toxic and/or hazardous materials/substances. If required to do so by the CITY, CONTRACTOR shall provide proof of said licenses and/or registrations. The CITY may also request proof of dumping from an approved dumping facility. #2..
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27 1.15 COMPLIANCE WITH TRANSPORTATION LAWS:

The CONTRACTOR shall ensure compliance with all United States Department of Transportation (USDOT) regulations relative to commercial vehicle numbers, placard and registration; driver licensing, driver drug testing, and record keeping; and all other pertinent requirements contained in Federal Motor Carrier Safety Regulations. The CONTRACTOR’s DOT number shall be submitted with bid. #2..
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28 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-05
SODIUM HYPOCHLORITE – LIQUID CHLORINE

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:

Bidders should submit two (2) “inked” (preferably blue ink) signed original bid document, plus one (1) copy 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 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)
• Product Specifications and Brochure
• Minimum Order Quantity
• Safety Data Sheets (SDS)
Failure to furnish any of these forms may result in disqualification. #2..
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29 2.1.3 BID PRESENTATION:

Bid submittals shall be presented in the order as listed in Section 2.1.2 Complete Bid Document.

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. 2122-05, 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:

All prices for parts, materials and equipment shall be F.O.B. destination, Modesto, CA. Any freight/delivery charges shall be included in the bidder’s unit price.

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 meeting the RFB specifications.

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 CITY may elect to award by line item, by group, or by all items.

The CITY reserves the right to decline to award an agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California.

The CITY reserves the right to select that bid, 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.
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30 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.

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 at the sole discretion of CITY, for a total of up to five (5) years.

A. Pricing shall remain firm for the first year of any agreement, which may be awarded pursuant to this RFB.

B. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/ , California data.

C. Price increases (other than fuel) for subsequent agreement years, two (2), three (3), four (4) and five (5), shall not exceed the Producer Price Index (PPI) as published by the Bureau of Labor Statistics:

Industry Data for Chemical MFG (Series ID PCU325) in any one (1) agreement year, and shall be negotiated through the Purchasing Division with acceptable supporting documentation to substantiate the increase by manufacture. Request(s) for price increases shall be submitted by CONTRACTOR(s) in writing, at least sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

Website: https://www.bls.gov/ppi/#data

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. #2..
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31 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 sub-contractors 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 sub-contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and sub-contractors 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 Administrative Code are incorporated into this agreement by reference and made a part hereof as if set forth in full.

B. CONTRACTOR and its sub-contractors 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..
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32 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 sub-contractors 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.
"Interested Party" means an actual or prospective bidder or offeror, or any CONTRACTOR or sub-contractor 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.
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33 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 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.
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34 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
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. #2..
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35 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. #2..
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36 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, 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 Epay Program.

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

2.20 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This Agreement may be modified and subject to change. #2..
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37 SAMPLE ANNUAL AGREEMENT
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 CONTRACTOR, hereinafter called CONTRACTOR, W I T N E S S E T H:

1. SCOPE OF WORK:
a. CONTRACTOR shall provide and deliver Sodium Hypochlorite – Liquid Chlorine insofar as such scope of service as specified in RFB 2122-05, 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, for an estimated annual amount of $XX,XXX, and a total amount not to exceed $XX,XXX over five (5) years:
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38 AGREEMENT PRICING
Item Description
Unit of
Measure Unit Pricing
Sodium Hypochlorite – Liquid Chlorine Gallon $__________ Annual Safety Training Each $__________
Emergency Delivery Each $__________

2. CITY CONTACT:

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 up to five (5) years.

Year 1: xxxx, 2022 through xxxx, 2023
Year 2: xxxx, 2023 through xxxx, 2024
Year 3: xxxx, 2024 through xxxx, 2025
Year 4: xxxx, 2025 through xxxx, 2026
Year 5: xxxx, 2026 through xxxx, 2027
This agreement may be renewed for four (4) additional one-year terms by mutual, written agreement of the parties.

Pricing will remain firm for the first year of the agreement. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration: Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/ , California data.

Price increases (other than fuel) for subsequent agreement years two (2) through five (5) shall not exceed the Producer Price Index (PPI) as published by the Bureau of Labor Statistics: Industry Data for Chemical MFG (Series ID PCU325) in any one (1) agreement year and shall be negotiated through the Purchasing Division #2..
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39 with acceptable supporting documentation to substantiate the increase by manufacture. Request(s) for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

4. DELIVERY:

Each Delivery Shall Include and left with CITY Staff:

1. A Certificate of Analysis shall be provided for the contents of the delivery.

2. A Bill of Lading shall be provided with each delivery.

3. Safety data sheet shall be made available upon request.

4. Weight Scale Certificate

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 $2,000,000 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 sub-contractors; products and completed operations as applicable.
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40 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. d) Pollution Liability- and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.

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 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 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. #2..
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41 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.

6. PAYMENT:

At a minimum invoices 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

7. INDEMNITY:

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 third-party 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.

8. 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.
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43 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 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 CITYfor Convenience
TheCITYmay also terminate theCONTRACTOR’sperformance underthe agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to 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 lessthan 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. #2..
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44 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 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; 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 #2..
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45 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.

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 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:

CONTRACTOR hereby agrees that CONTRACTOR and its sub-contractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all #2..
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46 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.

13. AGREEMENT DOCUMENTS:

14. NOTICES:

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.
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47 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 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.

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48 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. 2022- _________, adopted by the Council of the City of Modesto on the _____________-day of__________, 2022 and CONTRACTOR has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, City Manager (Signature)
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: ___________________________ By: _________________________________ DANA LOPEZ, 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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ITEM # ITEM/DESCRIPTION QTY

UNIT OF
ISSUE

MATERIALS
1 Sodium Hypochlorite - Liquid Chlorine 60,000 Gallons $1.499 $89,940.00 $1.35 $81,000.00 2 Safety Training 2 day $0.00 $0.00 $0.00 $0.00
$89,940.00 $81,000.00
3 Emergency Delivery $500.00 $300.00
Minimum Order Quantity
SUBTOTAL $89,940.00 $81,000.00
SALES TAX 7.875%: $7,082.78 $6,378.75
SHIPPING $0.00 $0.00
TOTAL: $97,022.78 $87,378.75
Low Bidder - UNIVAR USA @ $87,378.75 ***FOR COSTING PURPOSES ONLY*** 4,800 - 5,000 gallons 4,000 - 4,500 gallons
Kent, WA
Univar USA
(24) Hour Turnaround
***FOR COSTING PURPOSES ONLY***

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
Tracy, CA
Olin Chlor Alkaline Products
RFB NO. 2122-05 Sodium Hypochlorite - Liquid Chlorine
2/28/2022
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 2, 2022
Date: April 6, 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: Water Support Services Agreement for Grayson Wells CONTACT: Jeff Daniels, Water Division Manager, [email protected], 209-342-4568 DESCRIPTION:

Consider approving the sole source agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson community water system, for a five (5) year agreement, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years, and forwarding to Council for approval. (Funding Source: Water 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:

The Grayson Community Water System has over 277 water service connections serving approximately 875 residents. The City of Modesto provides water service through Well #274 and Well #295 which both have high nitrate levels. In August 2002, the California Department of Public Health issued a Compliance Order directing the City to have a reliable treatment system in place by April 2003. Basin Water, Inc. was awarded a contract to install an ion exchange treatment process to reduce the nitrate levels. Basin Water, Inc. was later purchased by Envirogen Technologies, Inc. (Envirogen) for nitrate treatment services and they have been providing operational support and critical parts for the on-site existing ion exchange equipment for the last seventeen years.

On October 11, 2016, by Resolution 2016-412, Council authorized an Equipment Lease to Purchase Agreement with Envirogen for the equipment used at Well #274 and Well #295.

At the end of the Equipment Lease to Purchase Agreement on October 31, 2019, Modesto had the option to pay the balance of the purchase price ($180,000 less all lease payments paid #3..
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Economic Development Committee, May 2, 2022
Water Support Services Agreement for Grayson Wells

Page 2 of 3 ends

under this agreement) at which time the title to the equipment was transferred immediately from Envirogen to the City of Modesto. Envirogen no longer has any ownership interest in the equipment.

Envirogen has been providing technical support, replacement parts, and consumables since the inception of the Grayson Nitrate Treatment Facility to ensure proper and reliable operation.

Envirogen’s ion exchange treatment process is a patented technology, and they provide a support service team with over twenty years of experience on Envirogen Equipment. In addition to service, Envirogen supplies critical spare parts for the equipment that was developed in 2009.

The design has been modified over time such that some parts of the older versions of the IX equipment are no longer utilized in the current units being installed. However, Envirogen maintains a warehouse supply for legacy customers that still require specific, unique parts for particular IX equipment. Hence, Envirogen is the only firm that has these essential parts to assist the City in maintaining the Grayson unit in a peak operational state.

On July 11, 2017, by Resolution 2017-284, Council authorized the sole source Water Support Services Agreement with Envirogen Technologies, Inc., for support services to Well #274 and Well #295 within the Grayson community water system. The current agreement is set to expire July 31, 2022.

DISCUSSION:

The wells within the Grayson Community Water System continue to have high nitrate levels.

The equipment previously leased under the Envirogen Lease is now owned by the City of Modesto and nitrate levels are reduced by using an ion exchange treatment process. The Water Services Division requests approving this Support Services agreement with Envirogen for materials, salt, and field engineering services to support the City of Modesto’s operation of the Envirogen treatment systems located at the Grayson Wells. The term of the Support Services Agreement will be effective for a term of five years, beginning August 1, 2022 through July 31, 2027.

Modesto Municipal Code, Section 8-3.203 generally requires all purchases, in excess of fifty thousand dollars to follow formal bidding procedures. However, MMC Section 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Here, Envirogen is the only entity qualified to provide support services for the Envirogen treatment systems. Additionally, the support services from Envirogen are exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) because Envirogen is the original equipment manufacturer and sole proprietor of the necessary support services to Well #274 and Well #295 within the Grayson community water system. Therefore, this purchase qualifies for exemption from the formal bidding procedures.

FISCAL IMPACT:

The current agreement has an average of $129,784 expended annually for the first four years.

YEAR EXPENDED
Year 1 $171,073
Year 2 $143,741
Year 3 $ 67,337
Year 4 $136,983
TOTAL $519,134
AVERAGE $129,784
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Economic Development Committee, May 2, 2022
Water Support Services Agreement for Grayson Wells

Page 3 of 3 ends

Staff has calculated that the new agreement will have an estimated annual amount of $150,000 and a total amount, with annual inflationary adjustments, not to exceed $879,990 over five years. Also, as California enters into another drought the City will rely more heavily on groundwater, which will increase ion exchange treatment processes to reduce the nitrate levels.

Please see Table below for estimated annual spending, using CPI increases of 8% annually based on CPI trends over the past nine months:

YEAR TOTAL
Year 1 (August 1, 2022 – July 31, 2023) $150,000
Year 2 (August 1, 2023 – July 31, 2024) $162,000
Year 3 (August 1, 2024 – July 31, 2025) $174,960
Year 4 (August 1, 2025 – July 31, 2026) $188,957
Year 5 (August 1, 2026 – July 31, 2027) $204,073
Total Not to Exceed over 5 Years $879,990
Expenses are budgeted in the Water Fund operating budget, Chemical and Lab Supplies account: 4100-45050-52190.

Approved by:

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

1. Agreement

2. Financial Interest Disclosure

3. Bid Waiver
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1 A Lifecycle Performance Company
ANNUAL AGREEMENT NO. 220602
11/18/2021
Mr. Jeff Daniels
City of Modesto
1010 10th Street
Modesto, CA, 95354
RE: Support Services – Grayson Wells
Envirogen Proposal 24266
Dear Mr. Daniels:

Please find below Envirogen Technologies, Inc.'s (Envirogen) pricing for parts, material, field and field engineering services to support the City of Modesto's (City) operation of the leased Envirogen treatment systems located at Grayson Wells (Well Site). The pricing is offered in response to a request to develop a multi-year support agreement with the City. The support agreement will be effective for a term of five (5) years, beginning August 1, 2022, through July 31, 2027.

Other elements of the proposal are subject to change due to the nature of the items and services offered for sale.  The sale of equipment, parts and materials requested by Modesto as needed for the City to maintain the treatment systems will be provided on a cost plus 20% basis.  City of Modesto shall reimburse Envirogen for the delivered cost of all salt used by the system, plus a markup of twenty percent (20%) billable by Envirogen upon delivery of the salt to the City  Disposal of brine waste will be quoted upon request for the Well Sites.  Analytical testing of water, resin or brine will be quoted upon request.

Description Price Not
to Exceed
Annual Service Fee includes:

Onsite Field Services
Salt
Support Services
$150,000.00
This estimate has been prepared using invoicing records from City of Modesto’s service billing for past years. The total value called out per year may be up to the annual value of the contract.

Envirogen Technologies, Inc.
877.312.8950
10400 Trademark Street www.envirogen.com
Rancho Cucamonga, CA 91730

EQUIPMENT, PARTS, MATERIALS, SALT AND WASTE

FIELD SERVICE AND FIELD ENGINEERING SUPPORT PRICING
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2 City of Modesto Support Services
An Envirogen Labor Rate Sheet has been included with this proposal as Attachment B. Services can be billed applying those rates up to the annual value of this contract for a period of five (5) years.

Straight time is defined as work supplied during regularly scheduled hours with a minimum of eight hours charged per day between Monday and Friday, on an agreed-upon schedule between 7:00 a.m. and 5:00 p.m.

Over-time and holiday rates are defined as time worked in excess of eight hours per day, time worked outside the hours as specified above, and work or travel on Saturday. Over-time will be charged at 1.5 times straight-time rates.

Holiday work and travel during holidays will be charged at double the straight-time rates. Holidays are defined as any day observed by Envirogen as a scheduled employee holiday, and Sunday.

Emergency response rates (on-site within 48-hours) will be charged at 1.5 times standard rates.

Time required for mobilization from an Envirogen base of operations to the Well Site, as well as demobilization, will be charged at the daily rates attached.

All associated travel, living and other expenses related to requests for service will be billed at direct cost plus 10% as Cost is defined in the General Conditions.

This proposal and offer and all pricing and schedules contained herein are contingent on satisfaction of all of the following conditions:
 A binding Agreement must be issued by the City of Modesto and accepted by Envirogen within 30 calendar days of the date first above written. An agreement number will be issued by the City of Modesto, and any request for materials, parts, service, equipment and salt will be made utilizing this agreement number.  Envirogen's General Conditions for the Sale of Products and Services by Envirogen Technologies Inc. (ETIGC #EQSVC Rev 1), attached hereto as Attachment A, must be accepted by the City of Modesto and made a part of the Order.
 This Proposal/Offer and its attachment must be attached to or incorporated by reference in the City of Modesto's Order.
 Terms of payment for all invoices issued associated with this proposal are Net 45 days, following invoice date.

We appreciate the opportunity to serve the City of Modesto and look forward to completing the purchasing process to expand the ongoing services that we are providing to the City.

Sincerely,
Scott Gomarko
Field Service Director, West Region
[email protected]

CONDITIONS
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3 ATTACHMENT A

GENERAL CONDITIONS FOR THE SALE OF PRODUCTS AND SERVICES BY ENVIROGEN TECHNOLOGIES, INC.
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4 GENERAL CONDITIONS FOR THE SALE
OF PRODUCTS AND SERVICES BY ENVIROGEN TECHNOLOGIES, INC.

ETIGC #180131
The following General Conditions are and shall be an integral part of any Order to which these terms and conditions are attached and/or referenced. In no event shall any term or condition attached to or made part of any purchase order or other contract document issued by Customer, or any shipping document or other document associated with the services or Products described in the Order to which these General Conditions apply have any controlling effect whatsoever unless specifically adopted in writing by an authorized representative of both Envirogen Technologies, Inc. (“Envirogen”) and Customer.

1. Definitions. Throughout these General Conditions or any Order or other document to which they apply, the following words and phrases, when printed with the initial letter capitalized (unless shown below without capitalization), shall have the meanings ascribed to them below, unless the context requires otherwise:
“Cost” shall mean all expenses incurred by Envirogen for materials, supplies, energy, regulatory permitting, labor, outside contractors and professionals, transportation, supervision, excise, sales and similar taxes. For all purchases of materials, supplies and services, “Costs” shall include an additional ten percent (10%) of the direct expense to reimburse Envirogen for purchasing and accounting activities. Labor charges for Envirogen’s personnel will be at rates shown in any Order or attachment, exhibit or schedule incorporated therein. In the absence of any such specification of rate(s), labor charges for Envirogen’s personnel will be at the individual’s hourly wage rate (or equivalent) plus forty percent (40%) for employee and group benefits and employee taxes. “Customer” shall mean the person or entity purchasing Products or services from Envirogen. “Day” or “day” shall mean a calendar day unless otherwise indicated. “Party” or “Parties” shall mean either Envirogen or Customer or both. “Products” shall mean products, equipment, parts, goods, media or materials meeting the description or specifications set forth in the Order.
“Order” shall mean any purchase order, work order, change order, letter agreement or similar contract document issued by Customer and accepted in writing by Envirogen or issued by Envirogen and accepted in writing by Customer which either references or attaches these General Conditions and/or all attachments, amendments or any ancillary documents to any such contract document. “Owner” shall mean the ultimate end user of the Product or service where the end user if not the Customer. Normally this would occur where the Customer is a prime contractor and Envirogen is a subcontractor.

In addition to the definitions set forth above, embedded within these General Conditions or any Order, there may be additional defined terms which are designated as such in a parenthetical and highlighted with quotation marks.

2. Cooperation of Customer. To assist Envirogen in providing Products and/or performing services, Customer shall (i) provide Envirogen with all relevant material, data, and information in its possession pertaining to the specific project or activity, (ii) consult with Envirogen when requested, (iii) permit Envirogen reasonable access to relevant Customer or Owner controlled sites, (iv) ensure reasonable cooperation of Customer’s employees and the Owner, and (v) unless a longer period is provided for in the Order, return all drawings or other documents submitted by Envirogen to Customer for review, comment and/or approval within a commercially reasonable time following submission not to exceed ten (10) business days. Any failure to return documents within the time prescribed shall be considered a waiver by Customer of its right to review and approve or comment on the documents.

3. Price, Costs and Payments.

3.1 Unless otherwise stated therein, the price(s) and charges for Products and/or services specified in any Order are exclusive of any sales, use, value added, excise, gross receipts, business and occupation or similar present or future taxes imposed by any governmental entity on the sale, delivery, use or other handling of the Product or service or in connection with any transactions contemplated by the Order to which these General Conditions apply. If any such taxes are incurred by Envirogen, Customer shall reimburse Envirogen the amount of such taxes.

3.2 Whenever rates or prices in any Order include transportation or when transportation is charged separately by Envirogen, such rates, prices or charges shall be exclusive of (i) material increases in the cost of transportation occasioned by significant increases in the costs of fuel or weather, road or access conditions which could not have been reasonably anticipated in advances of pricing the cost of transportation or (ii) any extraordinary or excess demurrage charges incurred by Envirogen from third party carriers which arise from delays or demurrage at the delivery point. Demurrage will be charged to Customer except to the extent such demurrage primarily results from the negligence or other fault on the part of Envirogen or its carrier.

3.3 Unless otherwise specifically indicated in the Order, all prices (or other values) in the Order are stated in U.S. dollars and all payments are to be made in U.S. dollars.
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5 3.4 Invoices may be provided to Customer, at the option of Envirogen, by mail, delivery service, electronic mail or fax and payments by Customer shall, at the election of Envirogen, be made by mail, overnight delivery service or electronic funds transfer. Customer shall provide Envirogen with contact information for delivery of invoices. Invoices shall be due and payable within thirty (30) days of receipt by Customer of the invoice. TIME IS OF THE ESSENCE for payment of all fees and charges. Interest on delinquent payments shall accrue until paid at the greater rate of (i) twelve percent (12%) per annum or (ii) the prime interest rate as quoted by the Wall Street Journal plus 500 basis points (adjusted on the first day of each calendar quarter.) In the event that the interest rate described above exceeds the maximum interest rate chargeable under law for such transactions, such maximum legal rate shall apply.

3.5 Should any portion of an Envirogen invoice be disputed by Customer, Customer will pay the undisputed portion and within the payment period prescribed above shall provide Envirogen with written notice of the disputed portion of the invoice and the reasons for the dispute. In no event shall Customer withhold payment of any undisputed portion of an Envirogen invoice based on the set-off of a Customer claim against Envirogen or as a back-charge for monies claimed to be owed Customer by Envirogen. At the request of Customer, Envirogen shall provide Customer with a written partial release of statutory liens utilizing Envirogen’s standard form which shall be conditioned on actual receipt of payment of a particular invoice.

3.6 Envirogen may, from time to time, establish such credit terms as it shall, in the sole judgment of Envirogen, deem reasonably necessary, including, but not limited to, credit limits.

3.7 In the event that Envirogen should incur Costs, including, but not limited to, attorney’s fees and collection agency fees, to collect overdue invoices and accounts, Customer shall reimburse Envirogen for all such reasonable Costs whether or not litigation has been initiated to collect the overdue account.

3.8 When fees or charges are based in whole or in part on a reimbursement by Customer of Envirogen’s actual costs, with or without a mark-up, such costs shall be determined at the time of invoicing whether or not the cost has already been paid by Envirogen or has, as of that time, accrued as an expense for purposes of accounting. Any future rebate or credit to Envirogen which may be associated either directly or indirectly with the cost or expense, shall not give rise to a similar rebate or credit from Envirogen to Customer.

4. Delivery and Risk of Loss.

4.1 Except as otherwise set forth in the Order, delivery of Product shall be DAP work/installation site (Incoterms 2010).

4.2 Except as otherwise set forth in the Order, Customer agrees to take delivery of Product upon notice from Envirogen that the Product is ready for delivery. If for any reason Customer is either unable or unwilling to accept delivery, Customer shall be responsible to pay or reimburse Envirogen for all additional Costs incurred for storage, insurance and/or transportation.

4.3 Title to and risk of loss with respect to Products shall pass from Envirogen to Customer at the time the Product is delivered to Customer. Product shall be deemed to be delivered when the Product has been loaded to Purchaser’s Customer’s carrier or if delivered by Envirogen to Customer’s or Owner’s work site, upon arrival at the work site. (See Section 4.1) Offloading from the Envirogen carrier is the responsibility of Customer. Damages to the Product incurred during offloading shall be the responsibility of Customer. To qualify for a credit, any shortage or damages (other than those incurred after delivery DAP) to the Product shall be reported in writing to Envirogen by Customer within five (5) business days of the date of delivery of the Product.

5. Force Majeure. If Envirogen is rendered unable to perform its obligations under the Order by an event beyond the reasonable control of Envirogen, Envirogen shall not be liable to Customer for failure or delay in such performance to the extent that the failure or delay is due to such force majeure event. Force majeure events shall include, but shall not be limited to, war (whether declared or undeclared), fire, flood, lightning, earthquake, hurricane, storm or any other act of God; strikes, lockouts or other labor difficulties; civil disturbances, riots, sabotage, accident not involving fault on the part of Envirogen or explosion; inability to secure necessary fuel, power, equipment, transportation or raw materials and/or any other reason beyond the reasonable control of Envirogen.

6. Warranties. The following warranties are in addition to any other warranties specifically set forth in the Order:

6.1 Products. Envirogen warrants to Customer that (i) Envirogen will have title to all Products delivered to Customer, free and clear of all liens, encumbrances and security interests, and (ii) that all Product will conform at the time of delivery to the written mechanical product description and/or specifications set forth or otherwise referenced in the Order. In the event of a failure by Envirogen to materially meet the terms of the warranty set forth in this Subsection 6.1, Envirogen, at its own expense, shall remove the defective, non-conforming product and replace it with a like quantity of conforming Product meeting the description or specifications.

6.2 Equipment, Parts and Goods. Except as otherwise provided for in the Order, Envirogen warrants as follows:

A. Equipment and systems which are the subject of the Order shall, when constructed, installed, used, maintained and operated in strict compliance with the plans, specifications and instructions of Envirogen, meet the performance criteria specifically set forth in the Order during the performance testing period described therein.

B. At the time of delivery, equipment and parts will be free from any and all material defects which would reasonably interfere with their use by Customer. In the event such defect is reported to Envirogen within twelve (12) months from date of installation of the equipment or part or within fourteen (14) months following delivery by Envirogen, whichever comes first, Envirogen will repair or #3..
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6 replace the defective component without charge.

6.3 Services. Envirogen warrants as follows:

A. In providing services under the Order, Envirogen will comply with all federal, state and local laws.

B. The services to be provided by Envirogen shall be performed utilizing the same generally accepted standards of due diligence, skill, reasonable care and safety ordinarily employed by service providers similarly situated in the same geographic region and at the same time.

C. All Envirogen personnel engaged in providing the services pursuant to the Order (i) shall be appropriately supervised by qualified persons in Envirogen’s employ, (ii) shall be appropriately skilled to perform the work to which they are assigned, and (iii) shall have met appropriate licensing and certification requirements of the state in which the service is to be provided.

6.4 Media and Resins. Unless otherwise set forth in the Order, Envirogen warrants that media supplied by Envirogen meets or exceeds Envirogen’s specifications for the media and manufacturer’s specifications for the media at the time of shipment.

6.5 Patents. Envirogen warrants that neither its Products nor its services shall infringe upon any patent(s) or copyright(s), or misappropriate or misuse trade secret(s) or other confidential information unless such Product or service is provided in compliance with Customer provided specifications. In the event of a default under this patent and intellectual property warranty, upon notice of the default by Customer, Envirogen shall obtain on behalf of Customer such releases, licenses or other appropriate authorizations as shall be necessary to prevent the infringement.

6.6 ENVIROGEN MAKES NO WARRANTY, EXPRESSED OR IMPLIED, PURSUANT TO THESE GENERAL CONDITIONS, THE ORDER OR

OTHERWISE OTHER THAN AS IS SPECIFICALLY SET FORTH IN THIS WARRANTIES PARAGRAPH AND THE ORDER AND NONE SHALL BE IMPLIED. THE WARRANTIES AND ANY REMEDIES SET FORTH IN THIS WARRANTIES PARAGRAPH AND/OR THE ORDER ARE EXCLUSIVE.

THE WARRANTIES ARE GIVEN AND ACCEPTED BY CUSTOMER IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED

OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED BY ENVIROGEN AND WAIVED BY CUSTOMER. ANY

REMEDIES PROVIDED FOR IN THIS WARRANTIES PARAGRAPH AND OR THE ORDER ARE IN LIEU OF ALL OTHER REMEDIES AT LAW OR IN EQUITY FOR BREACH OF A WARRANTY.

6.7 Customer may assign Envirogen’s warranty obligations to the Owner without the consent of Envirogen and shall provide Envirogen with written notice of such an assignment.

7. Indemnification.

7.1 Each Party hereby agrees to defend, indemnify and hold the other Party and their respective partners, affiliates and subsidiaries, and their respective directors, officers, partners, members, employees and agents (collectively “Indemnified Parties”), harmless from and against any and all claims, liabilities, suits, proceedings, judgments, orders, fines, penalties, damages, losses, Costs and expenses (including, without limitation, costs of defense, settlement and reasonable attorneys’ fees and expenses) (all of the foregoing herein collectively called “Liabilities”), arising out of (i) the indemnifying Party’s negligence or willful misconduct; and, (ii) failure of the indemnifying Party or any of its employees or agents to observe or comply with any of the indemnifying Party’s duties or obligations under these General Conditions or the Order, including, without limiting the generality of the foregoing, any failure to observe or comply with any applicable laws, ordinances, codes, orders, rules or regulations; violation or breach of any provision in these General Conditions or the Order including, but not limited to, any warranty for which a remedy is not specified. The foregoing obligations of indemnity will include, but not be limited to, any and all Liabilities for or relating to (i) injury to or death of any person (including, without limitation, employees or agents of the Parties), (ii) damage to or loss or destruction of any property (including, without limitation, property of the Parties, or their respective employees or agents), and (iii) any spill, release or leak of any hazardous substance or waste or any contamination of, injury or damage to or adverse effect on the environment. The indemnifying Party shall be liable, however, only for that percentage of total Liabilities that corresponds to the indemnifying Party’s percentage of total negligence or fault as compared to that of the indemnified Party.

7.2 Neither Party shall have any liability to the other Party for any indirect, incidental, aggravated, exemplary, punitive, or consequential damages incurred by the other Party, whether brought on an action for breach of contract, breach of warranty, tort, strict liability, or otherwise and irrespective of whether caused or allegedly caused by either Party’s negligence or willful misconduct and none shall be awarded by any tribunal against a Party hereto in favor of a Party hereto; provided, however, that the limitations on liability contained in this Section 7.2 shall not apply to damages which are part of a third party claim for which a Party is claiming an indemnity obligation under this agreement from the other Party and the Party entitled to indemnity protection under this agreement is seeking an indemnity or other relief against the payment of such damages from the Party required to provide such indemnity or other relief. Anything in the Order or these General Conditions notwithstanding, any liability of Envirogen under the Order shall not exceed $1,000,000.
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7 8. Confidential Information.

8.1 Customer agrees that all information related to Envirogen’s systems, services, Products, methods, procedures, techniques, and equipment (“Confidential Information”) is and shall remain Envirogen’s exclusive proprietary and confidential information, know-how and property. Customer agrees to use Confidential Information solely for the purposes set forth in the Order. Customer agrees to keep Confidential Information confidential in accordance with the provisions of Section 8.2, and Customer shall not disclose, use or exploit for its benefit or the benefit of any third-party Confidential Information other than in furtherance of the purpose of the Order.

Customer shall not reverse engineer, disassemble, chemically or biologically analyze or decompile any Product or other tangible objects which embody Envirogen’s Confidential Information.

8.2 Disclosure of Confidential Information may be in tangible form, by electronic media, by visual display or inspection or it may be provided orally. Confidential Information need not be marked “confidential”, “secret” or the like. Customer shall not use or disclose Confidential Information for any purpose other than as specified in the Order. Customer will use at least the same degree of care to avoid disclosure or unauthorized use of Confidential Information as Customer uses with respect to its own confidential information, but in no event less than a reasonable standard of care. Customer shall require in writing that the Owner agree to be contractually bound to Envirogen by the provisions of this Section 8. Envirogen may seek injunctive relief to enforce its rights under this Section without any requirement of proving irreparable injury. Confidential Information does not include the following: (a) information which prior to receipt by Customer was either generally available to the public or in Customer `s possession free of any restrictions on its use or disclosure from a source other than Envirogen; or (b) information which after the receipt thereof by the Purchaser either becomes available to the public through no fault of Customer or is acquired by Customer from a third-party who has the legal right to transfer the information to Customer; or (c) information required to be disclosed by Customer pursuant to law but only after reasonable notice of the requirement of disclosure is provided to Envirogen.

9. Termination for Convenience. If the Order provides that the Customer may terminate the Order for its convenience and without cause, such termination shall be accomplished by written notice from the Customer to Envirogen. Upon such a termination for convenience, Customer shall pay Envirogen (i) for all Products and services delivered prior to the date of termination, and (ii) any and all Costs incurred by Envirogen prior the date of Termination incurred by Envirogen in the engineering, design, production, acquisition, transportation or otherwise for any Product or service as yet undelivered and (iii) all reasonable Costs associated with the demobilization of Envirogen following the termination.

10. Insurance. Envirogen 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 Customer as may be required by the Risk Manager of the Customer. 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 Customer, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, ENVIROGEN shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days-notice of the cancellation on the policies of insurance required hereunder (10 days-notice if the policies are cancelled for nonpayment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies with 5 business days of receipt of such notice. The ENVIROGEN shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.

Coverage Policy Limits
Workers’ Compensation Statutory
Employer’s Liability Insurance $1,000,000 per accident or disease Commercial General Liability $1,000,000 per occurrence and including contractual liability; and $1,000,000 in the aggregate
Automobile Liability Policy $1,000,000 per occurrence (including owned, non-owned, and hired vehicles) non-owned, and hired vehicles)
If at any time any of said policies shall be unsatisfactory to the Customer, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the Customer, ENVIROGEN shall promptly obtain a new policy, submit the same to the Risk Management via PINS for approval and submit a certificate thereof as herein above provided. Upon failure of ENVIROGEN to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the Customer, may be forthwith declared suspended or terminated. Failure of ENVIROGEN to obtain and/or maintain any required insurance shall not relieve ENVIROGEN from #3..
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8 any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of ENVIROGEN concerning indemnification. The Customer, its agents, officers, employees, and 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 Customer, its agents, officers, employees, and volunteers for losses arising from work performed by ENVIROGEN for Customer. ENVIROGEN’s insurance policy(es) shall include a provision that the coverage is primary as respects Customer; shall include no special limitation 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 Customer. ENVIROGEN must deliver certificates evidencing existence of the insurance listed above to the Customer prior to the time the contract is signed.

ENVIROGEN shall provide Customer with separate endorsements evidencing proof of the Customer’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, ENVIROGEN shall provide Customer with a Workers’ Compensation subrogation waiver by way of a separate endorsement. All endorsements reference above must include the applicable policy number.

For any claims related to this project, ENVIROGEN’s insurance coverage shall be primary insurance as respects the Customer, its officers, officials, employees, and volunteers. If ENVIROGEN maintains higher limits than the minimum shown above, the Customer requires and shall be entitled to coverage for the higher limits maintained by ENVIROGEN. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, or volunteers shall be excess of ENVIROGEN’s insurance and shall not contribute with it.

11. Miscellaneous Provisions.

11.1 For all purposes of the Order, Envirogen is and shall remain an independent contractor. There are no intended third-party beneficiaries to these General Conditions or the Order and nothing in this Contract will entitle any person other than Envirogen or Customer to any claim, cause of action, remedy or right of any kind under the Order.

11.2 Customer agrees that during the term of the Order and for a period of twelve (12) months thereafter, Customer will not, directly or indirectly, solicit, request or otherwise induce any Envirogen employee or personnel to terminate his or her employment with Envirogen if such employee has been materially engaged in providing Product or services to Customer under the Order. Nothing herein shall be construed to prohibit the hiring of Envirogen employees who have responded without any direct inducement by Customer to publicly available employment advertisements by Customer.

11.3 Those provisions of these General Conditions or the Order which by their nature are intended to survive the termination, cancellation, completion or expiration of these general conditions or the Order to which they apply shall continue as valid and enforceable obligations of the Parties, notwithstanding any such termination, cancellation, completion or expiration. Such provisions include, but are not limited to, provisions concerning warranties, indemnifications and confidentiality.

11.4 The validity, interpretation and performance of these General Conditions shall be governed exclusively in accordance with and by the laws of the State of California

11.5 In the event of any dispute between the parties arising under these General Conditions or the Order, the parties agree that (i) the civil courts in and for the County of Stanislaus, State of California, shall have exclusive jurisdiction and venue to determine such dispute(s) and each party hereby waives any objection to such jurisdiction and venue in any such court and any claim that such forum is an inconvenient forum and (ii) the prevailing Party shall be awarded its costs of suit, including reasonable attorney's fees.

11.6 The Order and these General Conditions set forth the entire agreement of the Parties regarding the services and Products described in the Order and supersede all prior discussions and agreements of the Parties, whether written or verbal other than prior confidentiality or non-disclosure agreements between Customer and Envirogen. The Order and these General Conditions may not be modified, amended, rescinded, canceled or waived in whole or in part by amendment or change order, except by written instrument, signed by both Parties, which makes specific reference to the Order and which specifies that the Order or these General Conditions are being amended, modified or otherwise altered. All change orders shall make specific reference to the Order and shall be signed by both Parties. All change orders shall indicate any modifications or amendment to the pricing or delivery schedule resulting from the change in scope. Any request by Customer to either accelerate or delay a deliverable date described in the Order for any reason shall require a mutually acceptable change order pursuant to this Section. Such change order shall include the new schedule of deliverable due date(s) and any price adjustment occasioned by the change in schedule.

11.7 Any waiver by either Party of any provision or condition of the Order or these General Conditions shall not be construed or deemed to be a waiver of any other provision or condition of the Order or these General Conditions, nor a waiver of any subsequent breach of the same provision or condition.

11.8 If any section, subsection, paragraph, clause or sentence of the Order or these General Conditions shall be adjudged illegal, invalid or unenforceable, such event shall not affect the legality, validity or enforceability of the remaining portions of the Order and these General Conditions as a whole or any portion thereof. #3..
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9 11.9 The covenants and agreements contained herein shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns.

11.10 The Order (or any amendment) may be executed in two or more identical counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute the Order when a duly authorized representative of each Party has signed a counterpart. Photographic, facsimiled and scanned copies of such executed counterparts may be used in lieu of the originals for any purpose.
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10 ATTACHMENT B
Envirogen 2021 Labor Rates
Category Job Function/Representative Titles Commercial Rate A Administrative Assistant
Buyer I Buyer II Laborer/Helper
$84
B
Laboratory Services Water/Wastewater
Operator I/II Technician -
Electrical/Mechanical $96
C
Electrician Helper
Mechanic
Operator – Equipment
$108
D
Water/Wastewater Operator II/III Water/Wastewater
Operator III/IV
Sr. Environmental Technician/Operator Site
Supervisor/Plant Manager
Sr. Mechanic
Field Service Technician
$156
E
Designer
Instrumentation Specialist Construction
Manager
$144
F Licensed Electrician $150
G
Project Manager
Process Engineer
Project Engineer
Project Manager II
Operations Manager
$200
H
Senior Process Engineer
Senior Project Engineer
Senior Project Manager
Geotechnical Engineer
$216
I
Director of Engineering
Director of Process Engineering
Environmental Consultant
$234
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11 Envirogen Technologies reserves the right to modify labor rates at any time.

Labor rates for travel to and from job site are billed at 75% of the on-site rates listed.

Rates are subject to a 50% surcharge for expert testimony and other special services. Client- approved overtime is billed at 1.5 times the hourly billing rate.

Expenses for other services, equipment and materials are billed at hourly, daily, or monthly rates, or unit prices, whichever are applicable. Rate schedules are adjusted annually. Schedules are available upon request.

Straight Time Remote Support (via telephone, email or production of written documentation will be billed at the prevailing standard hourly rates.

Reimbursable Expenses
Reimbursable expenses are in addition to compensation for services. These expenses include, but are not limited to, expenses incurred by Envirogen Technologies and Envirogen Technologies’ employees and consultants in the interest of this project and as outlined below. Unless otherwise agreed to in writing, expenses will be billed at cost plus10%.

1. Authorized outside professional consulting services.

2. Transportation expenses for authorized out-of-town travel.

3. Expenses for reproductions and copies.

4. Postage or express deliveries; shipping.

5. Long distance communications.

6. Purchased or rented supplies, equipment and/or tools required to perform the project.

7. Electronic and facsimile transmissions.

8. Handling of drawings, specifications, and other documents.

Envirogen Technologies Equipment Rental
Rental charges for pilot and other equipment owned by Envirogen Technologies will be billed according to agreed-upon rates. These rates are not subject to the charge outlined above. #3..
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12 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. 2022-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2022 and Envirogen Technologies has caused this Agreement to be duly executed. #3..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 2, 2022
Date: April 7, 2022
TO: Economic Development Committee
Sue Zwhalen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: River Trunk Inspection and Assessment
CONTACT: Robert Englent, Wastewater Collections Systems Superintendent, [email protected], (209) 577-6222
DESCRIPTION:

Consider approving an Agreement with National Plant Services, Inc., Hayward, CA, for pipe inspection and assessment services for the River Trunk Inspection Project in the amount of $163,000, plus $16,300 for additional services, if needed, for a total not to exceed amount of $179,300; and forwarding to Council for approval. (Funding Source: Wastewater Fund) STRATEGIC PLAN ELEMENT:

BACKGROUND:

Originally constructed in the 1940s, the River Trunk is approximately five miles long, and it conveys flows from six major tributaries of the City’s collection system. Most segments of the River Trunk were constructed of unlined reinforced concrete pipe (RCP). The River Trunk begins near the intersection of Beard Avenue and Nathan Avenue and terminates at the Sutter Wastewater Treatment Plant. Pipeline sizes range from 24 to 66 inches in diameter. The hydraulic model indicates that the maximum full flow capacity of the River Trunk is approximately 25.3 million gallons per day (MGD).

Corrosion is present in the pipeline interior throughout its length. There are isolated sections that have recently failed or may be on the verge of failure. A segment of the River Trunk near the 9th Street bridge has recently failed (November 2021) and was replaced with ADS SaniTite polypropylene pipe (420 linear feet). Additionally, in 2017, due to high levels in the Tuolumne River, a portion of the River Trunk failed adjacent to John Thurman Field. This portion was also relined and portions replaced with High Density Polyethylene (HDPE) pipe (1,100 linear feet). #4..
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Economic Development Committee, May 2, 2022
River Trunk Inspection and Assessment

Page 2 of 2 ends

DISCUSSION:

This project will focus on the lower end of the River Trunk, from South Morton Boulevard (near Beard Brook Crossing) to the Sutter Wastewater Treatment Plant. This portion is approximately 14,600 linear feet.

Staff recommends the use of a consultant due to the specialized technical and operational requirements necessary to perform these tasks.

On January 18, 2022, Utilities Engineering issued a Request for Proposals (RFP) on PlanetBids for pipe inspection and assessment services for the River Trunk. Two proposals were received on February 22, 2022 and reviewed by staff. In accordance with City Administrative Directive

3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, staff selected National Plant Services, Inc., Hayward, CA, for pipe inspection and assessment services of the River Trunk.

The scope of services to be provided under this agreement include:
 Perform Multi-Sensor Inspection with Closed Circuit Television (CCTV)  Processing of Laser and Sonar Data
 Cleaning Services
 Traffic Control
 City Coordination (meetings with City staff)
In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. However, staff proceeded through an RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of the agreement with National Plant Services, Inc., for pipe inspection and assessment services of the River Trunk.

FISCAL IMPACT:

The following account has been created to track expenses associate with this project:
101399 – River Trunk Inspection
ANTICIPATED ENGINEERING EXPENDITURES:

Pipe Inspection and Assessment Services Agreement $163,000 Additional Services (10% if Needed) $16,300
TOTAL CONSULTANT AGREEMENT: $179,300
Engineering/Administration Support – City Staff $10,000 TOTAL: $189,300
Approved by:

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

1. Agreement with National Plant Services, Inc. and Exhibits #4..
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PIPE INSPECTION AND ASSESSMENT SERVICES FOR THE

RIVER TRUNK INSPECTION PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and National Plant Services Inc., an Illinois corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that pipe inspection and assessment services are necessary for the River Trunk Inspection Project.

B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #4..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE HUNDRED SIXTY-THREE THOUSAND AND 00/100 DOLLARS ($163,000) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #4..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or SIXTEEN THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($16,300). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure.

If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE HUNDRED SEVENTY-NINE THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($179,300).

If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that Michelle Beason, PE, will be the person primarily responsible for the performance of the services referred to in this Agreement.

City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that 10 percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
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7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #4..
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10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
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If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
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13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: National Plant Services Inc.

Address: 2159 National Avenue
Hayward, CA 94545
Attention: Michelle Beason
Phone: (925) 262-7366
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Robert Englent
Phone: (209) 577-6222
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant 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 Risk Manager of the #4..
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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 by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's 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. (b) 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 occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #4..
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and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) 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.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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 Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant 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 Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special #4..
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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. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’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 CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant 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 Consultant. 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 Consultant, dishonesty or theft. #4..
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Termination by City for Convenience
The City may also terminate the Consultant'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 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 days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant 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 Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants 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 #4..
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subconsultants, but in no event shall recovery by any Consultant or subconsultant 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 Consultant 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;
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, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
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City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant 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 subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

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 Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant 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 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.
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16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant 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 Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant'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 Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #4..
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Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
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Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
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The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant 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.

20. 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.

21. 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. #4..
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22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and National Plant Services Inc. has caused this agreement to be duly executed in duplicate as of the Effective Date. #4..
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NATIONAL PLANT SERVICES PROPOSAL FOR

RIVER TRUNK INSPECTION AND CONDITION ASSESSMENT
1 February 18, 2022
City Clerk’s Office, City of Modesto
1010 Tenth Street, 6th Floor
P.O. Box 642
Modesto, CA 95353
Attention: Peter Kambel, Associate Civil Engineer
RE: RFP 2022-01: River Trunk Inspection and Condition Assessment Dear Mr. Kambel,
Founded in 1949, the Carylon Corporation is the largest and oldest environmental services corporation in the United States, with 14 wholly-owned subsidiary companies located throughout the country. If selected for this project, National Plant Services, Inc., one of the Carylon Companies, will complete all inspection and assessment work with our own personnel using our highly advanced Multi-Sensor Inspection (MSI) technology.

National Plant Services (NPS) clearly comprehends the project goals and is prepared to perform this work utilizing our highly advanced Carylon 3D multi-sensor robotic platform. NPS will perform the services and adhere to the requirements described in this RFP, Addendums 1 and 2, and also per the Q&A document issued on February 14, 2022.

City of Modesto (“The City”) staff has a tremendous responsibility to maintain the collection system. The technology proposed, combined with the experience of NPS, will provide information that can be used to forecast future Sewer Capital Expenditures based on pipe condition, develop a Remaining Useful Life Scoring System (probability of failure), and quantify flow levels and debris accumulations. The information collected provides an Owner with a thorough understanding of the current state of their most critical conveyance assets.

Qualifications
NPS has the experience and the resources to perform the field work in a timely manner, to manage and compile the data, and provide a Final Engineering Report on the findings and recommendations. We also have a local service yard in Hayward, CA, from where we will deploy crew personnel, and which will facilitate attendance to any meetings, and provide prompt and thorough Project Management duties. We have multiple inspection platforms that provide us with the ability to Inspect, capture, and analyze the data consistently on Trunk Sewers from 18”-120”. We have dedicated an entire division to Multi-Sensor Inspections with a team of Managers, Specialists, Field Technicians, and data management experts. This team has completed over 50 miles of MultiSensor Inspections (CCTV, laser, and sonar) over the past few years alone, and has developed a comprehensive QA/QC plan and a streamlined data flow by utilizing Cloud data transfers and strict data flow management.

We are experts in condition assessment/MSI Inspections, cleaning, traffic planning, engineering, asset management, and trenchless rehabilitation; all in one company! The advantage of having one experienced and qualified company to perform the work translates into: 1. Efficiency in scheduling and completing work, 2. Cost savings as there are no markups for subcontractor work, 3. The MSI and PACP Inspections will be completed by experts in condition assessment who have assessed, analyzed, and repaired millions of feet of pipelines and related structures, and 4. As a highly experienced maintenance and trenchless rehabilitation company, our

EXHIBIT A
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2 engineers can provide recommendations for future City maintenance programs. The NPS team is also familiar with the City of Modesto sewer system and personnel from our 2015 inspection project with the City.

Equipment:

The Carylon 3D LIDAR system is the most advanced laser system in the industry. The LiDar/3D Laser system collects hundreds of thousands of measurements at every foot of scan and can be mounted on both a tracked and floating platform. Our 3D laser viewer is an interactive tool which allows the viewer to walk through a 3D dimensional model of the pipelines. This viewer is unmatched in the industry. The system includes a highdefinition custom A-Zoom camera, additional LED lighting, 3D Laser with Inertial Navigation System (INS), and Marine Electronics Sonar. The INS is a significant advancement over all other 3D platforms in the industry as the data from the INS is used to position the platform based on tractor/float movement, which provides extremely accurate laser profiling of the pipeline interiors.

Data Management and Reporting:

The data flow is as follows; collected data is delivered weekly to NPS Service Yard in Hayward for processing.

NPS’ Data Manager reviews the CCTV inspections and PACP coded defects to ensure they meet all NASSCO specifications, verifies the quality of the Inspections, processes the laser and sonar data, and prepares the segment reports for each line segment. Upon completion of the project, all of the final reports and data are personally delivered with a comprehensive on-site, data review session.

We thank you for considering our proposal and we are excited to tackle the challenges of this project. I will be the proposal contact person and Project Manager, and my contact information is below.

Sincerely,
Michelle Beason, PE
Regional Manager, National Plant Services Inc.
[email protected], 925-262-7366 cell, 510-291-3142 fax Mailing Address: Hayward Service Yard: 2159 National Avenue, Hayward, CA 94545 Mailing Address Headquarters: 1461 Harbor Avenue, Long Beach, CA 90813 CA Contractor #351503
DIR # 1000002703

EXHIBIT A
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NATIONAL PLANT SERVICES PROPOSAL FOR

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3 TABLE OF CONTENTS

COVER LETTER

TABLE OF CONTENTS
TAB A – CONSULTANT QUALIFICATIONS
TAB B – EXPERIENCE AND REFERENCES
TAB C – QUALIFICATIONS OF TEAM
TAB D – PROJECT UNDERSTANDING
TAB E – PROJECT PLAN
TAB F – DATA REVIEW AND ANALYSIS
TAB G – REQUIRED STATEMENTS/DOCUMENTS
TAB H – EXCEPTIONS
TAB I – COMPETENCY OF PROPOSERS

APPENDIX A - RESUMES
*COST PROPOSAL IS IN SEPARATE ENVELOPE MARKED “COST PROPOSAL”

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5 TAB A – CONSULTANT’S QUALIFICATIONS
Founded in 1949, the Carylon Corporation is the largest and oldest environmental services corporation in the United States, with 14 wholly-owned subsidiary companies located throughout the country. NPS is one of those subsidiary companies, and has been serving the needs of our clients in California and the west since 1980. NPS has a valid and active “A” Contractors license in California #351503, and we are experts in the inspection, Cleaning, maintenance, and trenchless rehabilitation of sewer lines.

NPS has completed over 2,000 miles of CCTV inspection and cleaning service work to our valued customers over the last 5 years. In addition, the team has completed over 50 miles of Multi-Sensor Inspections (CCTV, laser, and sonar) over the past 5 years and have the most advanced 3D laser system in the country. In addition, our 3D laser data, 3D Viewing software, and final segment reports are the most detailed and comprehensive of any in the industry.

NPS is also experienced in an array of trenchless sewer rehab services including injection grouting, CIPP point repairs, lateral lining, and centrifugally cast concrete lining. This breadth of experience makes us not just an inspection company, but true pipe experts, and will allow us to propose the best repair that will extend a pipelines life at the lowest cost.

NPS will perform all multi-sensor deployment operations, data processing, and final condition assessment services, including rehab recommendations out of our Hayward, CA, service yard. Our Multi-sensor robotic platform and processing software is owned by NPS and operated by NPS employees.

The only sub-contractors or sub-consultants we may utilize during this project is City Rise Safety, who will prepare any Traffic Control plans, if needed. They will also perform any major traffic control including flaggers, if necessary. However, based on the job walk on 2/14/22, we only anticipate the need for one major traffic control setup during this project as only one access manhole is in the ROW. A project organization chart is shown below.

Michelle Beason, PE
Project Manager/
Principal Engineer
Daniel Solano
Operations/Fleet
Manager
Esther Amoding
Project Engineer,
QAQC and GIS Analyst
Ferdy Moreno
MSI Crew Lead
City Rise Safety
As-Needed TC
Dennis Kenne, Jeff Garcia,
Jorge Salas
Crew Allocation/
Management

EXHIBIT A
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6 NPS is based entirely in California (Long Beach and Hayward) with 58 employees, 29 of which are operators.

There has been an INCREASE in the number of full-time personnel in the last 5 years to handle the growth that we have experienced in Northern California. A list of all NPS staff by category is included below.

Staff by Job Classification

EXHIBIT A
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7 TAB B – EXPERIENCE AND REFERENCES
NPS has been performing cleaning and inspection services for our valued municipal clients since 1980. We own an advanced fleet of CCTV/Laser/Sonar equipment (TAB D) that can handle any job requirements or conditions, and we have self-performed over 2,000 miles of CCTV inspection over the last 5 years alone, and have inspected over 70 miles of sewers using CCTV/Laser/sonar (MSI) technology. We are also able to complete large diameter cleaning work, if necessary, in order to complete any inspections. Some comparable client references are listed below, with a more extensive list on the following pages.

May-July, 2021: Valley Sanitary District, Indio, CA
Scope: 25,348 LF of sewer pipes cleaned and inspected (6,358 LF of MSI inspections on the 36”-54” pipelines completed). Sonar of siphons was also completed on 6,319 LF of siphons.

Contract Amount: $186,547
Owner: Valley Sanitary District, 45-500 Van Buren Street, Indio, CA 92201 Owner’s Representative: Ron Buchwald, PE, 760-238-5408, [email protected] September-December 2019 : City of Roseville, CA, Interceptor Assessment Project Scope: 21,885 L.F. of 30” to 66” Multi-Sensor Inspections (CCTV, Laser, Sonar).

Contract Amount: $150,950
Owner: City of Roseville, CA, 2005 Hilltop Circle, Roseville, CA Owner’s Representative: Jonathan Cummings, 916-774-5566, [email protected] June 2017: Sacramento Area Sewer District, CA
Scope: Multi-Sensor inspection of 28,884 LF of 54” to 75” sewer interceptors Contract Amount: $215,000
Owner: Sacramento Area Sewer District
Owner’s Representative: Agustin Lopez, 916-875-6595, [email protected]

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8 EXHIBIT A
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11 TAB C – QUALIFICATIONS OF TEAM
As mentioned in the Introductory Letter, NPS has been helping our City clients on the West Coast since 1980.

We have a large network of experienced and dedicated individuals that will make this project a success. NPS has completed over 70 miles of advanced multi-sensor inspections over the past several years. We aren’t just an inspection company, but have significant experience in all aspects of collection system cleaning, maintenance, and rehabilitation. Michelle Beason will act as the Project Manager and Project Engineer. She lives in Walnut Creek and coordinates work out of our Northern California service yard in Hayward. The project organization chart can be found in Tab A. The key personnel for this project, along with their job description, is shown below.

Resumes can be found in Appendix A. City Rise Safety will be our traffic control subcontractor, and will prepare any TC plans, if needed. No other subcontractors are planned.

TEAM EXPERIENCE
Ms. Michelle Beason, PE, Regional Manager (with NPS 7 Years, 11 Months), Hayward, CA, Office:

Role: Project Manager/Client Services
Contact Information: 925-262-7366, [email protected] Education: BS Civil Engineering, Purdue University
Background: Ms. Beason is a Professional Civil Engineer and licensed California A & B Contractor who lives in Walnut Creek, CA. She has been a nationally recognized expert in CCTV and multi-sensor inspections of sewer lines since 2010. Michelle has 29 years’ experience in water and wastewater asset management, design, engineering, and O&M, and is the Regional Manager for NPS Certifications: She holds a CA PE License, CA A and B Contractor License, and PACP/MACP/LACP Certification.

She is a Board Member of NASSCO, and Chair of the NASSCO Infrastructure Assessment Committee which is currently managing the new Version 8 updates to PACP/MACP/LACP.

Project Tasks: Ms. Beason will act as Project Manager and Client Services Manager for this project. She will lead the project including: Scope development, planning, scheduling all work phases, project schedules, traffic control planning, and will prepare final project reports. She will relay important information to City staff, hold regular progress meetings, ensure deliverables are completed on time, and track project expenditures.

Experience as it Relates to this Project: Ms. Beason first began her wastewater career with a degree in Civil/Environmental Engineering from Purdue University in 1993. Throughout her career, she has been involved with numerous inspection and improvement projects as an engineering consultant, and as a staff engineer for 12 years with the East Bay Municipal Utility District (EBMUD) in Oakland, CA. She has specialized in CCTV/multisensor inspections, cleaning, and trenchless rehab since 2010: she was Director of Client Services/Key Account Manager with RedZone Robotics from 2010-2014, and then has been the Regional Manager for National Plant Services from early 2014-present.

Michelle has acted as a Project Manager during her entire career, and while at EBMUD managed over 60 simultaneous operating and capital projects. For these efforts, Michelle was awarded a 2005 EBMUD Employee Excellence Award. She is experienced in CA MUTCD traffic control regulations and requirements, and has prepared numerous traffic control plans for various projects. She has direct experience in PACP coding of pipe defects and has reviewed and QA/QC’d thousands of feet of multi-sensor and conventional CCTV inspections.

She has provided Remaining Useful Life and reinspection recommendations for many clients when employed with RedZone Robotics and National Plant Services; but also performed similar asset management tasks while with EBMUD, and as a consultant. In summary, she has provided Asset Management expertise as it relates to pipelines for 28 years and is uniquely qualified to tackle the challenges of this project.

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12 Dennis Keene: President/Project Manager (with Carylon/NPS 50 Years), Long Beach, CA:

Role: Crew Allocation, Operations
Contact Information: 310-261-0970, [email protected] Education: Bachelor of Science at West Chester State University, PA Background: Mr. Keene has been employed by the Carylon Corporation since 1972. He has been General Manager of National Plant Services, Inc. since 1980 and has been President since 1987. Mr. Keene is responsible for coordinating Carylon Corporation efforts in the 12 Western States. Mr. Keene has performed and has been involved with all aspects of the business. He started as a Laborer and has been, at varying times, Laborer, Technician, Operator/Foreman, Superintendent, Operations Manager and General Manager. He has extensive experience in CCTV and multi-sensor inspections, as well as cleaning, sewer repairs and rehab, etc.

Project Tasks: Mr. Keene will assist in Operational duties and ensure company equipment and personnel are dedicated fully for the duration of this contract. He will provide management oversight, crew selection, daily communications with crew, and may attend project meetings.

Experience as it Relates to this Project: Mr. Keene has over 50 years of direct and supervisory experience in the CCTV/Sonar/Laser inspection, cleaning, and repair of sewer facilities. He has managed countless projects over his 50-year career, and is an expert in resource allocation and management. He excels at keeping project budgets and schedules on track with customer expectations.

Daniel Solano: Operations/Fleet Manager (with NPS 18 years), Long Beach, CA:

Role: Crew Allocation, Operations, Fleet Manager
Contact Information: 562-244-1369, [email protected] Background: Mr. Solano has been employed full time at NPS for 18 years. His areas of direct experience include Cleaning and Inspection services, including PACP coding, for over 10 Million L.F. of sewer mainlines and laterals, including the day-to-day management of many projects.

Certifications and Memberships: PACP/MACP/LACP Certification, OHSA Certification, and certified in Traffic Management Procedures.

Project Tasks: Mr. Solano will attend site visits and assist in job planning, coordinate equipment and resources needed to complete work, and provide field management oversight.

Experience as it Relates to this Project: Direct and managerial experience of over 10 million LF of sewer inspections including: large and small diameter pipe cleaning, Laser/Sonar/HDCCTV Profiling, conventional CCTV, Sonar, Advanced Sonar Profiling, Acoustic Inspections, Pole Camera Inspections, lateral launch, and Mini-Camera Inspections. He has significant experience in the operation, deployment, maintenance, and repair of our CCTV and cleaning equipment, and is an expert in traffic control planning.

Esther Amoding, EIT, Project Engineer, Hayward, CA:

Ms. Amoding has 4 years’ experience with NPS tracking and managing clean and CCTV inspection projects, smoke testing studies, and injection grouting work for clients in the Western US. She is ArcGIS certified, and NASSCO certified, and has QAQC’d thousands of feet of CCTV inspection data. She has also prepared GIS-based deliverables for several projects.

Certifications and Memberships: PACP/MACP/LACP Certification, OSHA 30, ArcGIS Certification Project Tasks: Ms. Amoding will assist with tracking of costs, the completed work, and the project schedule. She will perform QAQC of the data and assist with the final summary report.

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13 Ferdy Moreno, MSI Crew Lead, Long Beach, CA (with NPS 16 Years):

Mr. Moreno is highly experienced with the operation of the Carylon 3D laser system. He has directly managed and deployed millions of feet of CCTV and multi-sensor inspection technology in the Western US. He will QAQC all CCTV, Laser, and sonar data during each deployment to check quality of the data collected and determine if a re-inspection must occur. Ferdy is also an expert in the on-site maintenance, troubleshooting, and repair of our multi-sensor inspection technologies, and has significant expertise in the execution of traffic control per CA MUTCD standards. He will also ensure compliance with all confined space entry procedures and requirements.

Certifications and Memberships: PACP/MACP/LACP Certification, Hazwopper and OHSA Certification.

City Rise Safety, Subcontractor, Lodi, CA:

City Rise Safety can assist with major Traffic Control and may prepare TC plans and perform major TC services, as needed. They are an experienced and licensed TC firm with multiple locations around California. NPS has worked with City Rise on many projects. They routinely prepare our traffic control plans and perform traffic control services for our projects, exceeding expectations.

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15 TAB D – PROJECT UNDERSTANDING
Project Understanding and Approach:

NPS has cleaned and inspected over 20 million linear feet of pipelines over the last decade and are highly experienced in the inspection and maintenance of collection systems in the West. We have over 10 yearsexperience in multi sensor inspection utilizing 3D laser/LiDAR and sonar and have inspected over 70 miles of pipelines using sonar and laser over the last several years. Our multi-sensor crews are dedicated to multisensor inspections, so have the highest level of experience and skill. They have also completed hundreds of miles of CCTV inspections of sewers, so are very experienced in field deployment operations, extreme sewer conditions, and confined space entry procedures.

The City of Modesto has identified 14,600 LF of 24”-66” diameter interceptors to be evaluated under this project. NPS Personnel attended the job walk on February 14, 2022, and have a clear understanding of the access locations, and how inspections must proceed based on all access points and site conditions. Based on the job walk, NPS assures the City that we have the equipment and experience to complete this work in a timely and efficient manner.

NPS will use our Carylon 3D Laser System for this project. The Carylon 3D LIDAR system is a very advanced robotic system that can be mounted on both a tracked and floating platform, with a high-quality custom A-Zoom high-definition camera, 3D Laser with Inertial Navigation System (INS), and a Marine Electronics profiling Sonar.

The INS is a significant advancement over all other 3D, 2D, and ring laser platforms in the industry as the data from the INS is used to position and correct the laser readings depending on tractor/float movement, which provides extremely accurate laser profiling of the pipeline interiors and ensures the integrity of the laser results.

The 3D laser platforms can typically inspect from 30” to 120” (and larger) pipelines, in reaches of up to 2,000 LF.

The 24” diameter sewers in scope can also be inspected with 3D laser as long as the flow level is low enough during the inspection with little debris. The ability to use either the tractor, or a floating platform, is a necessity for successful multi-sensor inspection work as flow rates, turbulence, debris levels, and other obstructions can pose challenges during inspections, so availability of various deployment platforms is critical.

NPS has also developed a method of high-definition CCTV capture using GoPro Cameras attached to the deployment platform. See flash drive for examples of this feature. NPS is happy to provide these additional GoPro videos if desired by the City, including use of a 360-degree GoPro, which produces viewer control of the interior view of the pipelines from the comfort of their computer mouse. 3D LiDAR (3D Laser) is the most advanced form of laser available today. The LiDAR measures the inside dimension of the pipeline to provide the most accurate information on corrosion levels. A point cloud of data is gathered during 3D laser inspections, taking hundreds of thousands of measurements in each linear foot of laser scan. The data points are then averaged to prepare 3D models of the pipe interior using our proprietary software, and we are able to export tables of data showing highly accurate maximum, minimum, and average readings for every foot of pipe, describing values for 3 key condition indicators: corrosion, ovality, and build-up.

For the interceptor inspections, we generally start inspections at the most upstream portion of the system and work downstream in a logical fashion until all inspections are completed. Each ‘deployment run’ will consist of a series of manhole segments that will be deployed in continuous runs of up to 2,000 LF. We will set up our trucks Photo from Job Walk, 2-14-22

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16 and equipment at manholes that will be of less impact to traffic, customers, or sensitive riparian or environmentally sensitive areas, such as may occur in this project. A safety line is attached to the robot, the robot is lowered into the starting manhole, and the raft/tractor is allowed to move at a controlled speed not in excess of 30 feet per minute. Operators will PACP code all pipelines live in the field.

All of our crew members are confined space certified, as manhole entry will be required to mount the laser and computer onto the tracked and/or floating platforms. We follow a strict health and safety plan, with daily safety logs filled out prior to each day of work. All field staff are also fit-tested for using supplied air, if needed.

If it is determined traffic control is required, we will work with the City to obtain the necessary approvals, however, we will attempt to set our equipment outside of high traffic zones whenever possible.

Based on the site reconnaissance, only one manhole is located in a public ROW (see photo to right). If we need to access this location to start or end a deployment, major traffic control may be required.

NPS is experienced with all MUTCD traffic rules and perform traffic control services for most of our work. All minor traffic control (cones and signs) is included in our prices, and our winch truck has an attached arrow board to assist with traffic control. Major TC, and the preparation of TC plans will be completed by our sub-contractor, City Rise Safety, if needed.

Special Considerations:

Depending on flow levels, night deployments may be necessary to ensure we capture sufficient laser data to provide the City with quantifiable information about the pipe condition. We will do an intensive field reconnaissance prior to deployments to determine which interceptors may require night deployments because of consistently high daytime flow levels. This will be presented to the City for approval, along with a schedule and deployment plan. The ability to use either the floating or tracked platforms will also ensure that we are able to inspect under any flow level or debris conditions.

NPS can also inspect long distances from one access manhole because of our long cable reels, which will limit the number of setups, and speed the rate of our inspections. This will be especially useful to avoid some of the access challenges posed by this project. Our crews will set up outside of these areas and float or track through them.

We will have our winch truck on-site during all inspections, which will be important to pull the floating raft through the pipelines during inspections, and is also important to have in case one of our units gets stuck in some unanticipated debris. The winch can be used to retrieve equipment, as well as to pull our platforms through the pipelines during inspection.

Our crews and Project Manager are also confined space trained and highly experienced in working in live sewers and tunnels. Each entrant will wear a gas monitor, and we have blowers to ventilate the lines prior to entering the manholes. In the event H2S levels are high, and cannot be cleared with blowers, our crews are fit-tested and can use supplied air to enter the sewer.

Our Strengths:

A key part of this project is to deliver a final summary report on the pipe condition; and recommendations for reinspection frequencies, repair and rehabilitation needs. Michelle Beason is a Professional Civil Engineer, and a

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17 nationally recognized expert in MSI/3D Laser inspection and analysis and has been performing multi-sensor work and the subsequent RUL forecasting and rehabilitation planning from laser data for 12 years. Michelle is uniquely qualified to manage the project, and will provide a comprehensive report of all findings, and recommendations for repair and rehabilitation.

Our crews have been cleaning and inspecting large diameter pipelines in the Western States since 1980 and have inspected and assessed tens of millions of feet of piping in that time. Experience is key in the sewer business; knowing the potential issues that we will encounter in the sewers and having equipment and personnel on-site to handle those situations promptly and safely. NPS staff have this necessary experience.

NPS is also a California-based company, having offices and crews here, so we are local to the project area. NPS also has worked for the City of Modesto on a project in 2015 through Brown & Caldwell, inspecting manholes and large diameter sewers. The Project Manager/Project Engineer Michelle Beason lives 1.5 hours from the City of Modesto. This will be key to the project success and increase efficiencies, including project field management, attendance at meetings, data delivery and processing, as well as communication with the City of Modesto during all phases of the project.

Professional Affiliations and Accreditation
National Plant Services, Inc., staff are members of the CA Contractors State License Board, Water Environment Federation, North American Society of Trenchless Technologies, and the California Water Environment Association. NPS is also a member in the Northern California Pipe Users Group (PUG).

NPS, and the entire Carylon Corporation, have been very active members of NASSCO (National Association of Sewer Service Companies), which sets the standards in the industry for CCTV inspections, and PACP coding of pipeline defects. Michelle Beason is one of the elected Board Members of NASSCO, and the Chair of the NASSCO Infrastructure Assessment Committee; chosen for both positions because of her knowledge of pipeline condition assessment. She volunteers her time to ensure that PACP coding is useful and relevant to our municipalities and contractors throughout the United States and Canada, and to evaluate and recommend improvements to PACP for future versions. Michelle is currently leading the updates to PACP Version 8, and has authored several sections in the newly-released NASSCO Manual of Practice, a best practices guideline available to help cities and contractors achieve a high-level of standard on PACP inspections and other work.

Michelle is an industry expert in multi-sensor condition assessment, and forecasting RUL of large diameter sewer assets, and has the experience to deliver high quality data and results to the City of Modesto.

Alternative Inspection Methods:

Although we plan to use the Carylon 3D Laser system for this project, NPS has several technologies at our disposal that can handle any pipe condition or sensor requirement. We have significant experience to know that not every technology can work in every situation. We have an entire fleet of equipment at our disposal, if needed, to make sure we complete a project to the client’s satisfaction. If an interceptor is completely submerged, for example, we can use sonar only to pinpoint exactly where a blockage may exist. We may also inspect at night to take advantage of lower sewer flows, if necessary. Any modifications that are necessary will be reviewed with Modesto for approval.

Optional Cleaning:

If sewer mainline cleaning is necessary in order to complete an inspection, NPS has a large fleet of combination Jet Vac units from 80 to 170 gpm capacity, trailer mounted jetters for small line cleaning or easements, and

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18 Recycling jet Vac trucks.

As MSI inspections are completed, any lines requiring cleaning will be placed on a cleaning list, to be approved for cleaning by City. If approved by the City, one of our cleaning trucks will be mobilized to perform any required cleaning, with the MSI inspection completed immediately after cleaning.

We have 40 years of experience to help us understand what piece of equipment is best for a particular application. Our operators also understand proper operation of our combination jet vac units Any debris removed from the sewer pipes will be disposed of at the City’s WWTP, or hauled to an approved landfill at an additional cost.

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19 TAB E – PROJECT PLAN
Our multi-sensor crews are dedicated to multi-sensor inspections, so have the highest level of experience and skill. NPS owns its own fleet of equipment, the crews are trained to trouble shoot and repair various issues, and we have backup equipment available in case of a mechanical issue.

We will ensure that the necessary equipment and personnel are available for the project scope of work. We guarantee that the Key Personnel described in this proposal will be available and assigned to this project.

We understand the importance of remaining within project budget and adhering to the project schedule, and we have had a successful 40+ year history of this excellent and reliable service to our customers.

Proposed Technology: Carylon 3D Laser Tractor and Float:

National Plant Services, Inc., has developed a highly advanced multi-sensor platform that will meet the challenges and data requirements of this project. The Carylon 3D LIDAR system is mounted on both a tracked and floating platform, with a high-quality custom A-Zoom camera, 3D Laser with Inertial Navigation System (INS), and Marine Electronics Sonar. The INS is a significant advancement over all other 3D platforms in the industry as the data from the INS is used to position the laser readings depending on tractor/float movement, which provides extremely accurate laser profiling of the pipeline interiors, and greatly speeds laser processing..

Our large tractor is a custom Carylon Corporation tractor that can handle high flows. Each unit has an extension rod to raise the camera up to the center of the pipelines, along with extra high-powered LED lights, to ensure a high-quality CCTV inspection. All videos are recorded on the highest recording setting, MPEG4 or greater. The floating raft is designed to float over debris to complete an inspection without necessitating cleaning prior to inspection, but requires a minimum water depth, and is well-suited for sections of pipe with deep water and high level of debris.

The CCTV camera is a live feed to the deployment truck, which ensures detailed images of all pipeline defects, and live feedback of any dangerous conditions which could result in the camera getting stuck in the line. All defects are PACP coded in the field, with the operator zooming in to get the best images while coding.

The laser and sonar are simultaneously collecting data as the operators are completing their normal CCTV inspection. The laser reporting for every inspection is very detailed, as the laser collects hundreds of thousands of measurements at each foot of scan.

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20 We have included some sample deliverables in the attached flash drive for your review.

The deliverables for our multi-sensor inspection projects are as follows:

VARIOUS CARYLON 3D FLOATING AND TRACKED PLATFORMS TO HANDLE ANY PIPE CONDITIONS

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21 Sonar: The sonar used for this project will be our
Marine Electronics Sonar unit. This sonar unit
attaches to the bottom of the Carylon 3D system.

Sonar requires a minimum flow to operate and
collect data, and only collects data below the water
line, and as long as the sonar head is not obscured
by debris. We deliver sonar mpeg movies showing
each sonar inspection, and debris graphs and
spreadsheets for every foot of pipe.

NPS has a significant fleet of equipment located between our Long Beach and Hayward service yards. A partial list of our cleaning and inspection equipment is in the below table. We are able to substitute equipment based on pipe condition and configuration. We will also bring our winch truck with arrow board to work in conjunction with the MSI truck.

NPS EQUIPMENT & VEHICLE LIST
Project Approach:

The project will begin with a Kickoff Meeting at the City offices to review the lines desired for completion.

Pipeline and area maps, flow data, GIS, and all other information will be reviewed so the field crews and Project Manager get a complete picture of the project and surrounding area.

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22 All of our multi-sensor inspection technologies can inspect multiple line segments in one ‘drop’ or ‘run’, which increases efficiency. This will be discussed, and the pipe segment list and deployment/drop plan finalized, in the Kickoff Meeting with the City. NPS will ensure that all sewers will remain in service under normal operating conditions during all inspection operations.

Esther Amoding attended the City’s RFP job walk on 2-14-22 and her documentation has allowed us to note all manholes to be used in the deployments. The Deployment Team will visit the locations for each deployment and verify the best manholes to access, the length of each deployment run, the traffic control requirements if any, and will open the manholes to determine the flow levels to determine the best time of day to deploy the robot (night or day). Our floating systems require a minimum and maximum flow. If the flows are too low then sonar data gathering will not be possible as a minimum flow of 8”-10” is needed. If the flows are too high, the platform must be raised and the laser head may hit the top of the pipe, and therefore night deployments may be required. We also have tracked platforms we can use at night. In the event pipe conditions prevent an inspection with the technology chosen, we have many alternative laser and sonar inspection tools available that can handle any situation. For example, if flow levels are too low to collect sonar (and sonar requires a minimum flow level (over debris or pipe) of at least 8-inches), we can still collect CCTV and laser. If a tractor is being used, but debris levels are excessive and prevents proper tracking, we will use one of our floating pontoon systems, if possible.

Traffic plans and permits, when necessary, will be submitted promptly upon NTP. We are knowledgeable and experienced with all CA MUTCD regulations and protocols, and our sub-contractor City Rise Safety will assist in this effort, if needed.

When work isready to begin, an updated deployment plan and schedule will be completed and shared with the City. We will mobilize our robotic inspection platform, crew personnel, and support trucks to the location. The work will be completed per the schedule, inspecting either during day and/or nighttime hours, depending on need. The schedule will be updated weekly and compared against the baseline schedule to ensure we are meeting the schedule plan and milestones. Any changes to the schedule will be reviewed promptly with the City for approval.

Typical deployments start from an upstream manhole and will proceed downstream until the inspection is complete, then the unit will return to the starting manhole for retrieval. CCTV and 3D laser data will be gathered above the flow, and sonar data will be gathered below the flow line. All data will be carefully reviewed for accuracy after each deployment. Crews will not demobilize from the site until we are certain that we obtained complete and accurate CCTV, laser, and sonar data. Backup hard drives will be made of all data to ensure no data is lost.

Daily emails will be sent to City staff informing them of the work completed that day, any issues encountered, and the start location for the next workday. Status meetings will be held each Friday with the City staff to review the segments inspected that week, and to discuss the schedule of work for the next week. Any significant issues discovered in the field will be told to the City staff immediately by field crews.

While CCTV video will be available to the Client immediately after each inspection, laser and sonar data must be post-processed by our processing team. Technicians will post process all data from the laser and return to the client within 2 weeks of the last inspection. See sample Project Schedule on Page 24.

All CCTV data will be PACP coded so the client can determine the lines that are most at risk. Client will receive video, snapshots, and PACP Exchange file database for import into their Asset Management system. A summary of the deliverables was explained on Page 20.

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23 Project Management:

The duties of all key personnel were described fully in Pages 11-13. The project management plan is as follows:
• Michelle Beason will act as Project Manager and Project Engineer. • Daily production summary and next day start locations will be prepared and sent via email. • Weekly progress meetings will be held (via web meeting or in person) each Friday to discuss the project, and the inspection plans and updated schedule for the next week. • Significant Structural or O&M defects will be reported to the City staff immediately upon discovery. • Problems with access or pipeline conditions will be reported immediately, with follow up action decided between the City and NPS.

PROJECT MANAGEMENT PLAN SUMMARY
Flow Control
Even though NPS is experienced in bypassing live flows, we also know how to implement creative measures that would eliminate the need for a bypass. NPS crews will often perform night work to take advantage of the low flows.

We have not assumed the need to bypass flows in our project pricing in order to complete the MSI inspections.

While NPS takes great care to prevent spills, we do carry spill kits on our trucks, and have emergency contact numbers ready in the event of a spill.

Project Schedule
NPS is prepared to begin work promptly after NTP. Once we mobilize, all work will be completed in that one mobilization. We will stay on-site until all work is complete. A proposed project schedule is shown on the next page. If we are selected, this schedule will be updated with exact dates once NTP is issued.

PRE-PLANNING

REVIEW PIPELINE

MAPS AND OTHER

AVAILABLE

INFORMATION

PERFORM FIELD

RECONNAISANCE OF

PIPELINES IN SCOPE

PREPARE TRAFFIC

CONTROL

PLANS/PERMITS

PREPARE INSPECTION

WORK PLAN AND

UPDATE SCHEDULE

INSPECTION

PROCEDURES

MOBILIZE

EQUIPMENT AND

PERSONNEL

INSPECT PIPELINES

PER WORK PLAN

PREPARE DAILY

EMAIL SUMMARY

OF WORK

REPORT DEFECTS

IMMEDIATELY

HOLD WEEKLY

REVIEW MEETINGS

DATA DELIVERY

CCTV VIDEO AVAILABLE AT

END OF EACH DEPLOYMENT

CCTV VIDEOS QA/QC'D &
RETURNED 7 DAYS FROM

INSPECTION

DRAFT LASER AND SONAR MSI
REPORTS DELIVERED IN 2 WEEKS

FROM INSPECTION, OR AS DIRECTED

FINAL PROJECT SUMMARY
REPORT WITHIN 4 WEEKS

OF LAST INSPECTION

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25 FINAL REPORTS:

The final multi-sensor inspection reports are comprehensive summaries of all CCTV, 3D laser, and sonar data, and are presented in pdf format. Pipe wall corrosion, ovality, and buildup are provided above the water line from the laser, and overall quantities are given for debris below the water line from the sonar data.

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26 Laser:

The laser measures inside the pipe to determine the exact dimensional measurements inside a pipeline. It will determine the loss of pipe wall due to corrosion, quantity of buildup, plus any changes in ovality. The laser reporting for every inspection is very detailed, as the laser collects hundreds of thousands of measurements in every foot of scan.

Our powerful 3D Laser viewing software application allows a system owner to virtually walk through a 3D laser scan of their pipeline, with a continuous display of corrosion, buildup, and ovality readings. An example of a deformed section of spirolite pipe from our recent Valley Sanitary District Project is shown below. The project YouTube video, which includes a demonstration of the 3D Laser software viewer, can be viewed in the attached flash drive.

This inspection showed significant deformation in
both the CCTV video and the laser scans. The pipe
is compressed at the 1 o’clock and 7 o’clock
positions (blue), and therefore is pushed out at
the 11 o’clock and 5 o’clock positions (red).
• Green indicates as-built pipe size/condition.
• Red indicates corrosion, or where pipe is outside asbuilt measurements. • Blue indicates buildup, or where pipe is inside as-built measurements.

Sonar:

Sonar simultaneously works under the water line to measure debris levels, which helps a system Owner quantify cleaning needs, and also may locate any large defects under water (as long as those defects aren’t obscured by debris).

Sonar sensors provide a profile of the pipeline under water. Sonar is an effective tool to determine debris levels under the water line, and any major defects (that are not covered by debris). Diameter of pipe and changes in ovality can be measured, and debris levels are plotted graphically per foot of pipe.

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27 An example of a sonar inspection profile scan in a partially full interceptor is shown to the right. This scan indicates a clean pipe, with no debris. It is recommended that a post CCTV/sonar inspection be performed immediately after
large diameter cleaning projects to ensure all debris was removed per project specifications, and to obtain condition assessment information under the water line.

Sonar deliverables include a debris graph/scoring report and a sonar scan movie for each inspection. A debris graph from a pre-cleaning sonar inspection is included below.

Sample multi sensor final reports for the Carylon 3D system is included in the enclosed flash drive for your review. The final inspection reports are presented in pdf format, which can be imported into your existing Asset Management software system.

For all of our inspection projects, we provide instruction sheets and a final in-person review session, so it is clear where all information can be found, what should be done with it, and what the next steps should be. This is presented and reviewed at the final summary review meeting at the City offices.

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28 Communication Procedure
NPS is based in California, having offices and crews here, and the Project Manager, Michelle Beason, is based approximately 1.5 hours from the City. This will be key to the project success and increase efficiencies and communication during all phases of the project.

All NPS personnel have mobile phones for ready access in the field. The field Supervisors and Project Manager also have emails that connect directly to their smartphones. At the kickoff meeting, the Project Manager will prepare and review a Project Summary document that will list all NPS and the City personnel and contact information. A scenario-based communication tree will also be developed, to streamline the communications between all parties.

Quality Assurance/Quality Control
NPS views data integrity and quality as the most important part of any condition assessment project. If the data isn’t usable, it’s useless. QA/QC starts as soon as we get the asset information from the City, and continues through every step of the project. The operator will ensure a clean and unobstructed image of all CCTV videos, recorded at a high-quality recording setting. If the quality is not acceptable, the operator will abort the inspection, correct the deficiency, and start again. All CCTV inspections are viewed live in the field during each inspection, so any poor-quality video will be immediately corrected and re-televised, as necessary. All videos will be recorded at MPEG4 to ensure high quality video results. NPS will deliver the inspections completed on the first deployment day to the City to ensure their satisfaction with the inspection quality and format.

All CCTV videos are PACP coded using NASSCO certified software. We use several coding software systems (Granite, Wincan, ITPipes, POSM), but all can be exported as a PACP exchange file for import into any CCTV software or asset management program. This coding work is performed by our PACP certified Operators.

All data from the field is transferred weekly via our internal file share system for QA/QC by our PACP Certified office staff. Any issues are corrected and then a submittal will be prepared for the City. All data is backed up and maintained on the CCTV truck, on an external hard drive, on the shared file transfer server, and then copied and stored in our data safe at our Hayward office. This ensures no data will ever be lost on one of our projects.

Satisfaction Guarantee
NPS, and all of the Carylon Companies, have a satisfaction guarantee. We strive to provide excellent quality of work, and customer service, and our crews are trained to be diligent in the performance of their duties. Any inspection work that is found to be unsatisfactory will be re-inspected at no extra cost to the City. All data will be reviewed by the NPS Project Manager and/or QA/QC Manager, who will also direct crews to re-televise items as necessary.

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29 TAB F – DATA REVIEW AND ANALYSIS
While CCTV video will be available to the City immediately after each inspection, if desired, sonar and laser data must be post-processed by our processing team. Technicians will post process all data from the sonar and laser system and deliver it to Michelle Beason for engineering analysis and recommendations for maintenance, repair, rehabilitation, or replacement.

NPS will perform QA/QC of all inspection records (CCTV, Sonar, and LIDAR) as the inspections are completed.

This validation will be conducted by a NASSCO certified data technician. The completed PACP codes along with Sonar and LIDAR data will then be compiled and reviewed by NPS. Following this step, NPS will then merge all PACP codes with the LIDAR and sonar data and develop condition scores based on a combination of NASSCO’s Quick Rating system for each asset, and observed corrosion and ovality measurements from the laser data.

Following this review, NPS will then develop recommendations for follow-up preventative maintenance and rehabilitation for all pipeline assets. Each wastewater pipeline will have its’ own assessment report documenting the amount of structural and O&M defects and anomalies in that pipeline.

In addition to the line segment reports, NPS will prepare a comprehensive final summary report on the entire project findings. The Final Engineers Report will be worked on throughout the duration of the MSI inspection project. As inspection data comes in, it will be reviewed, assessed, and prioritized so that the final summary and recommendations report can be delivered soon after completion of all field work.

NPS is experienced in many methods of maintenance and trenchless rehabilitation, and therefore can recommend the latest innovations in pipe rehabilitation, and also simple repair methods that will maintain or improve the level of service at the lowest cost. NPS crews are highly experienced in CIPP point repairs and CIPP connection and mainline lining, injection grouting to stop infiltration, and centrifugally cast concrete pipe structural coatings (CCCP). We will recommend quick and low-cost repairs whenever possible that can go a long way toward restoring reliability and efficiency of the sewer system. NPS is also able to perform this repair work for the City, if desired, at a cost to be negotiated.

The condition scores for all assets will be compiled, and components of the Assessment and Recommendations Report will be generated and summarized based on the results of the condition assessment.

Michelle Beason, the Project Team Leader and Engineer, is a nationally recognized expert in pipeline inspection and analysis and has been performing sewer and storm pipeline inspection work and the subsequent RUL forecasting and rehabilitation planning for the majority of her 29-year career. Because of her extensive software, GIS, inspection, asset management, and rehabilitation experience, Michelle is uniquely qualified to manage the project and produce the final engineers report.

NPS does something unique in our reporting that is not common in the industry; we organize the results by PACP Quick score, and present PACP defect codes in a detailed tabular format for each segment inspection, along with the laser and sonar data. This provides the City with excellent summary information on the condition of their assets. These segments are then ranked by condition, and recommendations for repair or rehabilitation are assigned. An example from a recent project is found below.

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30 A © after a defect code indicates a continuous defect. A defect with a “(Code) x 2, etc” indicates the number of incidences of a particular defect in a line segment.

We also understand that most GIS systems contain errors, and are diligent in the review and correction of inaccurate asset information that we discover in the field. Crews will record the correct sewer length, diameter, and material for each inspection. This information will be presented as part of the final summary report, in a discrepancy table, so that the City can update their GIS records and as-builts.

The engineering evaluation team will return a draft final report to the City within 2 weeks of the last inspection, and then a final project report within 4 weeks of the last inspection (see Project Schedule in Tab E.) At the project completion, we will provide a data review session on-site at the City’s offices to review the final project results, reports, and recommendations.

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31 TAB G – REQUIRED STATEMENTS/DOCUMENTS
REQUIRED STATEMENTS OF ASSURANCE:

We assure that the designated project team will be used for this project. Departure or reassignment of, or substitution for, any member of the designated project team shall not be made without the prior written approval of City.

We warrant that no actual, apparent, direct, indirect, or potential conflicts of interest that may exist with respect to us, or our management of employees relative to the services to be provided to the City.

We have the ability and will agree to fulfill the indemnification and insurance requirements contained in the sample contract in Attachment 1 of the RFP.

Nothing contained in this submitted proposal is proprietary.

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33 TAB H – EXCEPTIONS

1. Sonar: Sonar only works under the water line, and requires a minimum depth of 8”-10” of water to operate.

If there is a lot of debris in the pipe, that debris may obscure the sonar reading if the sonar is submerged under the debris. All attempts will be made to obtain sonar, but it may not be possible due to low water level, or high debris levels.

2. 24-inch Diameter Pipe: 3D laser is typically obtained in 30” and larger diameter pipelines. The 3D laser head cannot be submerged under water. If water level is too high for safe deployment of the laser platform, even at night under low flow conditions, then only CCTV (and perhaps sonar) will be obtained. We have ring lasers in our fleet that can complete smaller diameter pipelines, and are available upon request.

3. Cleaning: Cleaning may be required if there isn’t enough water to float a pontoon down the sewers, or too much debris that will prevent a tractor from advancing through the pipelines. If debris stops our progress, a reverse may be attempted. If the reverse is unsuccessful, cleaning may be required to complete the inspection. All lines that are too dirty to inspect will be placed on a cleaning list, and will be sent to the City for review and budget approval.

WE HAVE NO OTHER EXCEPTIONS, ALTERATIONS, OR AMENDMENTS TO THE SCOPE OF SERVICES OR OTHER

REQUIREMENTS IN THIS RFP, INCLUDING THE ADDENDUMS, THE Q&A DOCUMENT, AND THE SAMPLE CONTRACT IN ATTACHMENT 1.

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35 TAB I – COMPETENCY OF PROPOSER
NPS is a fiscally strong company with the significant financial backing of the parent company, Carylon Corporation. The Carylon Corporation is now celebrating its 73 RD year in business and we continue to grow and
increase the number of services that we can provide to our valued clients.

We have no pending bankruptcies, liens, stop payment notices, judgments, lawsuits, foreclosures, or any similar actions filed or resolved in the past seven (7) years.

A client has never terminated a contract for breach of contract.

We hereby guarantee that we have the financial resources to effectively manage and complete this project. We have the ability to maintain a staff of regular employees (we have been in operation out of the same Long Beach location for 42 years) and we can demonstrate that the equipment that we own and that we will deploy for this work is more than sufficient, adequate, and suitable.

A certified financial statement is available if requested by the City of Modesto.

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37 APPENDIX A

RESUMES

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ID Task Name Duration Start Finish Resource Names
1 NOTICE TO PROCEED (TENTATIVE) 1 day Mon 5/16/22 Mon 5/16/22 2 1. Project Kickoff Meeting 1 day Wed 5/18/22 Wed 5/18/22 Michelle B.3 2. Data Collection and Review 6 days Wed 5/18/22 Wed 5/25/22 Daniel S.,Michelle B.,Esther A.4 3. Project Planning 5 days Mon 5/23/22 Fri 5/27/225 3.1 Site Reconnaisance 1 day Mon 5/23/22 Mon 5/23/22 Michelle B.,Esther A.6 3.2 Traffic Control & Deployment Planning 5 days Mon 5/23/22 Fri 5/27/22 Michelle B.,City Rise Safety7 4. Mobilization 1 day Mon 5/30/22 Mon 5/30/22 Ferdy,Crew #2,Crew #38 5. Multi Sensor Inspection of Sewer Lines 13 days Tue 5/31/22 Thu 6/16/229 5.1 Multi‐Sensor Inspection Deployment 13 days Tue 5/31/22 Thu 6/16/22 Crew #2,Crew #3,Ferdy,Michelle B.,City Rise Safety,Dan 10 6. Demobiization 1 day Fri 6/17/22 Fri 6/17/22 Crew #2,Crew #3,Ferdy11 7. Quality Control/Data Analysis 29 days Tue 5/31/22 Fri 7/8/2212 7.1 Laser and Sonar Processing 20 days Tue 5/31/22 Mon 6/27/22 Michelle B.,Staff,Esther A.13 7.2 Data Analysis and Reporting 29 days Tue 5/31/22 Fri 7/8/22 Michelle B.,Staff,Esther A.14 7.3 Prepare Draft Report 29 days Tue 5/31/22 Fri 7/8/22 Michelle B.,Esther A.15 8. Deliver Reports/Present Findings 20 days Mon 7/11/22 Fri 8/5/2216 8.1 Submit Draft Report to City 1 day Mon 7/11/22 Mon 7/11/22 Michelle B.17 8.2 City Review Draft Report and Provide Com14 days Tue 7/12/22 Fri 7/29/22 Michelle B.18 8.3 NPS Incorporate City Comments 3 days Mon 8/1/22 Wed 8/3/22 Michelle B.19 8.4 NPS Delivers Revised Report to City 1 day Thu 8/4/22 Thu 8/4/22 Michelle B.20 8.5 NPS Presents Final Report to City 1 day Fri 8/5/22 Fri 8/5/22 Michelle B.21222324252627282930313233343536373839404142434445464748495051 Michelle B.

Daniel S.,Michelle B.,Esther A.

Michelle B.,Esther A.

Michelle B.,City Rise Safety
Ferdy,Crew #2,Crew #3
Crew #2,Crew #3,Ferdy,Michelle B.,City Rise Safety,Daniel S.

Crew #2,Crew #3,Ferdy
Michelle B.,Staff,Esther A.

Michelle B.,Staff,Esther A.Michelle B.,Esther A.

Michelle B.

Michelle B.
5/8 5/15 5/22 5/29 6/5 6/12 6/19 6/26 7/3 7/10 7/17 7/24 7/31 8/7 8/14 8/21 8/28 9/4 9/11 9/18 June July August September
TaskSplitMilestone
SummaryProject SummaryExternal Tasks
External MilestoneInactive TaskInactive Milestone
Inactive SummaryManual TaskDuration‐only
Manual Summary RollupManual SummaryStart‐only
Finish‐onlyDeadlineProgress
Manual Progress

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Economic Development CommitteeMay 2, 2022

Economic Development Committee
May 2, 2022