Agenda packet — Economic Development Committee, June 6, 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, June 06, 2022 at 5:30 PM
*Roll Call: Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
Alternates: Tony Madrigal, Rosa Escutia-Braaton, Jenny Kenoyer * 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 - 1 -
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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 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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

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

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

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
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 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.
 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.
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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 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 a Second Amendment to extend the project from November 01, 2019 to December 31, 2022, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project, and forwarding to Council for approval. (Funding Source: Not Applicable)
CED; John Rawles, 209-577-5253, [email protected]
Consent

2. Consider approving the Award of Bid and Agreement for the Furnishing of Digester Cleaning Services to Wastewater Solids, Yachats, OR, for an estimated annual amount of $47,690, and a total amount not to exceed $322,663 over five years and forwarding to Council for approval. (Funding Source: Wastewater Fund) UTILITIES; Ben Koehler, 209-342-4502, [email protected] Consent

3. Consider approving the Award of Bid and Agreement for Pump Efficiency Testing Services to Pumping Efficiency Testing Services, LLC, Sebastopol, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $40,000, and a total amount not to exceed $200,000 over five years, and forwarding to Council for approval. (Funding Source: Water Fund)
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent

4. Consider approving a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years, and - 4 -
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authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and forwarding to Council for approval. (Funding Source: Wastewater Fund) UTILITIES; Monte Hamilton, 209-342-4505, [email protected] Consent

5. Consider approving a First Amendment to the Citywide Agreement with C.H.W.

Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for the Furnishing of Electric Motor Rewind/Rebuild Services, increasing the annual amount by $243,196 from $124,304 for a new estimated annual amount of $367,500 and a new total amount not to exceed $1,705,568 over five years, and forwarding to Council for approval. (Funding Source: Various Funds)
UTILITIES; Monte Hamilton, 209-342-4505, [email protected]

NEW BUSINESS

6. Consider approving and certifying an update to the City of Modesto Sewer System Management Plan, and forwarding to Council for approval. (Funding Source:

Wastewater Fund)
UTILITIES; Robert Englent, 209-577-6222, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council 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:

June 6, 2022
Date: May 17, 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: Second Amendment to Construction Zone Enhanced Enforcement Program Agreement with California Highway Patrol for SR-132 Project construction CONTACT: John Rawles, Sr. Civil Engineer, [email protected], (209) 577-5253 DESCRIPTION:

Consider approving a Second Amendment to extend the project from November 01, 2019 to December 31, 2022, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project, and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action for the SR132 West Freeway/Expressway Project is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure.

Specifically, this item supports the SR132 West Freeway/Expressway Project and the City’s goal to expand alternative modes of travel, improve transportation flow, and drive economic vitality.

BACKGROUND:

The purpose of the State Route 132 West Freeway/Expressway - Phase 1 Project is to improve regional and interregional circulation, relieve traffic congestion along existing State Route 132 (SR132), and enhance safety and operations for the existing and proposed transportation network.

The Phase 1 Project includes construction of an access-controlled, 2-lane expressway (one lane eastbound and one lane westbound) along a new alignment just south of Kansas Avenue starting from the east side of State Route 99 (SR99) at the west end of the Needham Street #1..
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Economic Development Committee, June 6, 2022
Second Amendment to Construction Zone Enhanced Enforcement Program Agreement with California Highway Patrol for SR-132 Project construction

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Bridge, westbound to Dakota Avenue and then along Dakota Avenue to the existing SR132/Maze Boulevard. The Project also includes grade separations at Rosemore Avenue, Carpenter Avenue, Emerald Avenue, and SR99, and improvements to the 5th and 6th Street connections to the new SR132 expressway and the addition of an auxiliary lane at the northbound SR99 on-ramp at L Street.

Work occurring within the SR99 right-of-way requires traffic control related services from the California Highway Patrol (CHP). Caltrans required implementation of Construction Zone Enhanced Enforcement Program (COZEEP) for this project. Prior to the CHP performing the services required of the COZEEP program an agreement, was required.

On December 10, 2019, by Resolution No. 2019-542, Council approved Agreement No. 19R465000 committing the City of Modesto to provide a maximum reimbursement amount of $331,486 to the CHP for all traffic control related services provided to the project during the construction phase of the project. In addition, the agreement provided a time frame of services from November 1, 2019 to December 31, 2021.

DISCUSSION:

On September 24, 2019, per Resolution No. 2019-439, Modesto City Council awarded a construction contract to Bay Cities Paving & Grading. The original construction contract was for 565 working days. Bid Alternates A & B, which were included in the project because funding was available based on the winning bid, added approximately six months to the base bid construction schedule, in addition to a 3-year Plant Establishment Period.

Construction began in December 2019, and was estimated to be completed in March of 2022, with closeout continuing through June 30, 2022. The original COZEEP Agreement had an end date of December 31, 2021. As a result, a First Amendment to extend the end date of the COZEEP Agreement with CHP was necessary.

On October 12, 2021, per Resolution No. 2021-403, Council approved a First Amendment to the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project, increasing the agreement amount by $110,847.50, from $331,486 for a total not to exceed amount of $442,333.50. Additionally, the amendment extended the term end date of the Agreement from December 31, 2021 to June 30, 2022.

The Project experienced delays associated with a 100-year storm, smoke during the fires of 2021, and a change in working condition requirements associated with the COVID-19 pandemic. Additionally, Project will experience a minor delay due to a redesign of Carpenter Road to accommodate an enhanced bicycle and pedestrian traffic plan, and redesign of utility access facilities for Modesto Irrigation District. In addition to this extra work, it may be necessary for the Contractor to engage COZEEP services to support minor lane closures required to complete project closeout “punch list” work. These added COZEEP services can commence when the new highway facilities are opened and in service, expected sometime in mid-July. Due to the uncertain nature of this work, staff recommends the extension of the COZEEP contract to the end of the year.

Staff recommends approving this no-cost Second Amendment to the Construction Zone #1..
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Economic Development Committee, June 6, 2022
Second Amendment to Construction Zone Enhanced Enforcement Program Agreement with California Highway Patrol for SR-132 Project construction

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Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the project, to extend the term end date from June 30, 2022 to December 31, 2022.

FISCAL IMPACT:

There is no fiscal impact associated with the Second Amendment to the Agreement.

Approved by:

Jaylen French, Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Second Amendment to COZEEP Agreement

2. COZEEP Agreement No. 19R465000

3. First Amendment to COZEEP Agreement
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2. The term of this Agreement is:

The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
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Department of California Highway Patrol
and City of Modesto Community & Economic Development Department CHP Agreement #19R465000-2
Exhibit B, Page 1 of 1

EXHIBIT B
(Standard Agreement)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment
A. The CHP shall provide City of Modesto Community & Economic Development Department with an itemized invoice which details all CHP costs for traffic control services under this Agreement.

Monthly itemized invoices will be submitted in duplicate to:

City of Modesto Community & Economic Development Department Attn: John Rawles, Project Manager
1010 Tenth Street
Modesto, CA 95353
City of Modesto Community & Economic Development Department agrees to pay CHP within thirty (30) days after the date of the invoice(s).

B. This Agreement includes hourly usages and anticipated mileage for the traffic control services.

Officer Overtime Hours 3,000 hours
Sergeant Overtime Hours 300 hours
Patrol car mileage 3,500 miles
C. In consideration for the traffic control services contained here, the City of Modesto Community & Economic Development Department agrees to reimburse the CHP upon receipt of an itemized invoice, for both the actual hours worked by CHP officers (at the overtime rate described below), and at the time services are provided. The rates indicated in this Agreement are for estimate purposes only. It is understood by both parties that rate increases in salary and benefits are governed by collective bargaining agreements and/or statute and that no advance written notification is necessary prior to implementing the increased rates. In the event the CHP is granted a rate increase, the City of Modesto Community & Economic Development Department shall pay the increased rate. The following information is the CHP’s officer and sergeant overtime and mileage rates effective Fiscal Year 21/22 until superseded:

CLASSIFICATION OVERTIME RATE
CHP Officer Overtime
CHP Sergeant Overtime
CHP Automobile
$ 105.91 per hour
$ 124.84 per hour
$ 1.45 per mile
D. Anytime the CHP officer is assigned to the service location, City of Modesto Community & Economic Development Department will pay no less than four (4) hours per shift, even if the CHP officer works less than that.

If the CHP officer(s) report(s) to the assigned service location and if for any reason CHP reassigns the officer(s) away from the service location, City of Modesto Community & Economic Development Department will be billed only for the officer(s) actual time incurred from the CHP Area office to the service location and for the time spent at the assigned service location covered under this Agreement. #1..
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Nov 30 2021
CH-MM-bb
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 6, 2022
Date: May 12, 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: Agreement with Wastewater Solids for Digester Cleaning Services CONTACT: Ben Koehler, Chief Plant Operator, [email protected] (209) 342-4502 DESCRIPTION:

Consider approving the Award of Bid and Agreement for the Furnishing of Digester Cleaning Services to Wastewater Solids, Yachats, OR, for an estimated annual amount of $47,690, and a total amount not to exceed $322,663 over five years and forwarding to Council for approval. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City of Modesto’s Sutter Treatment Plant utilizes a Digester Gas Treatment System. There are two operational anaerobic digesters that are used to stabilize wastewater solids. Only one digester is in service at a time and are both rotated annually. After a rotation, the digester contents need to be removed and screened prior to discharge in to the biological solids drying beds for drying.

On June 13, 2017, by Resolution 2017-235, Council authorized the award of bid for the furnishing of Digester Cleaning Services to Wastewater Solids Management Company (Wastewater Solids), Yachats, for an estimated annual cost of $36,350 and total cost over five years of $181,750.
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Agreement with Wastewater Solids for Digester Cleaning Services

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On November 14, 2017, by Resolution 2017-447, Council approved the payment of Invoice 1019-17, from Wastewater Solids Management Company of Yachats, OR, in the amount of $41,700 for additional cleaning of Digester outside of contracted amount.

The annual agreement no. 120959 with Wastewater Solids Management is set to expire on June 12, 2022.

DISCUSSION:

In order to support continued wastewater solids for digester cleaning services, the City Manager authorized the Purchasing Division to issue a Request for Bids (RFB) for Digester Cleaning Services.

On January 12, 2022, the Purchasing Division issued RFB 2122-26, Digester Cleaning Services, on Planet Bids via the City’s website under six commodity codes1. Prospective bidders were notified online and via email of the bid opportunity. Twenty-two companies chose to download the RFB document.

On February 22, 2022, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream2. Four companies chose to respond. Based on providing the lowest responsive and responsible bid, City staff recommends the award of bid for Digester Cleaning Services to Wastewater Solids Management CO, Yachats, OR.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. An award of bid and agreement for Digester Cleaning Services, to Wastewater Solids Management CO, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Wastewater Solids Management CO, Yachats, OR., was the lowest responsive and responsible bid.

FISCAL IMPACTS:

Expenditures over prior years for digester cleaning services are shown below:

YEAR EXPENDED
FY2017-18 $81,334
FY2018-19 $39,213
FY2019-203 $0
FY2020-21 $36,350
FY2021-22 $48,264
TOTAL $205,161
1 89065-Sewage and Waste Treating Equipment and Supplies, 92596-Wastewater Treatment Engineering, 95812-Bio-Solids Management Services, 96834-Dredging Services, 96895-Wastewater Treatment Plant, Operations, and Testing, 95896-Water and Wastewater Treatment Services 2 Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19. 3 Digester cleaning deferred in FY 19-20 due to conflicts with the ongoing Headworks and Dryden Box Construction Project
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Agreement with Wastewater Solids for Digester Cleaning Services

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Expenditures for the new agreement for a total amount not to exceed $322,663 allows for 8% CPI in years three through five and an option for one emergency digester cleaning if needed.

Year Total
Year 1 $47,690
Year 2 $47,690
Year 3 $51,505
Year 4 $55,626
Year 5 $60,076
Optional $60,076
TOTAL $322,663
Funds to cover the costs associated with this agreement will be budgeted annually in the Wastewater Fund in account 4210-44312-53100.

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

1. Annual Agreement

2. Exhibit B Bid Submittal

3. Exhibit C RFB 2122-26

4. Financial Interest Disclosure

5. Cost Abstract
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1 ANNUAL AGREEMENT NO 220989
WASTEWATER SOLIDS MANAGEMENT CO., INC.

FOR DIGESTER CLEANING SERVICES
This Agreement, (“Agreement”) is 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 Wastewater Solids Management CO. 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 DIGESTER CLEANING SERVICES 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 DIGESTER CLEANING SERVICES as described in RFB 2122-26, 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 furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit C, and in strict accordance with the conditions of this 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. #2..
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2 c) CONTRACTOR shall maintain all required insurance with the CITY for the duration of this Agreement.
d) CONTRACTOR shall maintain a CITY business license for the duration of this Agreement.
e) CONTRACTOR shall furnish said service at the following rates set forth in the table below entitled “Agreement Pricing”, for an estimated annual amount of $47,690 and a total amount not to exceed of $322,663 over five years.

AGREEMENT PRICING
Item Description Prevailing Wages Required
Unit Unit Price
Complete Cleaning of Digester Number (1 & 2) Job $45,290.00 Mobilization Fees Job $1,200.00
Demobilization Fees Job _________$1,200.00_________

2. PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this Agreement and all provisions of Section 7.04 of the General Provisions contained with the CITY standards shall apply.

DIR Project ID#: 410707

3. CITY CONTACT:

Department Contact: Ben Koehler, WQC Superintendent, (209) 342-4502 Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406 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 effective only by written change to this Agreement, issued by the City of Modesto, Purchasing Division.
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3 4. CONTRACTOR CONTACT:

Contractor: Victoria Prince, General Manager, (541) 547-3213 [email protected]

5. TERM OF AGREEMENT:

The term of this Agreement shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.

Year 1: June 13, 2022 through June 12, 2023
Year 2: June 13, 2023 through June 12, 2024
Year 3: June 13, 2024 through June 12, 2025
Year 4: June 13, 2025 through June 12, 2026
Year 5: June 13, 2026 through June 12, 2027
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of this Agreement.

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

6. SCHEDULING OF SERVICE:

The CITY will contact the CONTRACTOR to request service and schedule a cleaning. The CONTRACTOR must reply within thirty (30) days with a firm date for the scheduled work to begin. The scheduled service date must be within ninety (90) days of the date it is being scheduled unless otherwise agreed upon by both parties. Any potential overage charges would need to be approved by the CITY prior to the work being done. In the event CONTRACTOR needs to re-schedule, a forty-five (45) day advance notice to CITY is required. #2..
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4 7. LIABILITY INSURANCE:

The CONTRACTOR shall provide, solely 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 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 occurrence 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 subcontractors; products and completed operations; and/or professional liability.
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 the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the #2..
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5 CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated.

Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, 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, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

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 Provider’s insurance and shall not contribute with it.

8. PAYMENT:

CONTRACTOR shall invoice CITY upon completion of service. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the services by the CITY, and receipt of a properly prepared invoice subject to cash discounts #2..
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6 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 to: [email protected]
At a minimum, invoices shall state the following:
 Reference Annual Agreement #: 220989
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Service Location
 Unit price, extended price, sales tax and total

9. INDEMNITY:

CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, 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.
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7 10. ARBITRATION:

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the 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.

11. 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, without giving effect to its conflicts of laws provisions or principles. #2..
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8 12. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by Risk Management); and
Business License; and
Executed Agreement and all exhibits thereto.

13. 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.

The CITY shall provide no less than ten (10) calendar day’s written notice of its intent to terminate this Agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.
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9 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, subcontractors 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 subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor 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 #2..
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10 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 this 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 subcontractor 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 CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced
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11 by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of this 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 after receipt of written notification from CITY of termination of this 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.

14. COMPLIANCE WITH ALL LAWS:

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

15. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this Agreement and the following documents which are incorporated herein by this reference:
a. Exhibit A Resolution No. 2022-_______;
b. Exhibit B CONTRACTOR submittal;
c. Exhibit C RFB 2122-26
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 #2..
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12 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.

16. 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: Victoria Prince
Wastewater Solids Management Co., Inc.

P.O. Box 826
Yerington, NV 89477
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.

17. SIGNATOR (IES) FOR CONTRACTOR:

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

18. 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. #2..
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13 19. 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.

20. HEADINGS NOT CONTROLLING:

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

21. MISCELLANEOUS:

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

22. 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 proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous bids, 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 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.

23. 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. #2..
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14 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 Wastewater Solids Management CO Inc. has caused this agreement to be duly executed. #2..
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1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26
FOR

DIGESTER CLEANING SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: February 22, 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..
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2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

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 DOCUMENT
. Bid Acknowledgement (Signature Form)........................................................................ 7 . Pricing Schedule (Signature Form)...............................................................................8-9 . Exceptions, Clarifications, Amendments (if applicable)................................................. 10 . References....................................................................................................................11-12 . Financial Interest Disclosure (Signature Form) .......................................................13-15 . Support of Local Vendors (if applicable)......................................................................... 16 . Addenda Acknowledgement Page (if applicable) ........................................................... 17 . Company History Statement ........................................................................................... 18 . Warranty Statement.......................................................................................................... 19 . Subcontractor List............................................................................................................. 20

TECHNICAL REQUIREMENTS
. Scope of Work.................................................................................................................. 21 . Technical Requirements..............................................................................................21-24 . Insurance......................................................................................................................24-25 . Required Licenses............................................................................................................. 25 . Best Management Practices.............................................................................................. 27

GENERAL REQUIREMENTS
. Bid Submittal.................................................................................................................... 28 . Acceptance/Rejection of Irregular Bids........................................................................... 28 . Complete Bid Document.................................................................................................. 28 . Compliance/Non-Compliance.......................................................................................... 29 . Prevailing Wages.............................................................................................................. 29 . Pricing Format.................................................................................................................. 29 . Pricing Schedule............................................................................................................... 29 . Award of Bid ...............................................................................................................29-30 . Term of Agreement .......................................................................................................... 30 . Termination of Services ................................................................................................... 30 . Quantities.......................................................................................................................... 30 . Funding............................................................................................................................. 31 . Other Government/Publicly Funded Agencies................................................................ 31 . Protest and Appeal Procedures....................................................................................33-36 . Payment ............................................................................................................................ 37 . Sample Annual Agreement ........................................................................................38-49

ATTACHMENT
. Attachment A Digester Cleaning (separate from RFB)
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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 furnishing of Digester Cleaning Services for the City of Modesto, Utilities Department, Wastewater Division.

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

Each bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, February 22, 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, 5th Floor, Suite 5300, Modesto, CA 95354.

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

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

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

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

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2122-26

DIGESTER CLEANING SERVICES
BID OPENING DATE: FEBRUARY 22, 2022 AT 11:00 A.M.

MAIL TO: CITY CLERK DELIVER/ 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 contact 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 12, 2022
Written Questions Due January 19, 2022
Addendum Issued (if required) January 26, 2022 (approximate date) Bid Opening PRIOR 11:00 A.M. on Tuesday, February 22, 2022 Bid Award Approximately May 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.

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. (a) A CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered CONTRACTOR to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the CONTRACTOR is registered to perform public work pursuant to Section 1725.5 at the time the agreement is awarded.

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 CITY agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by CITY are hereby rejected. CITY agreements signed by the CITY's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of CITY's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the CITY's terms and conditions. #2..
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5 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES
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 22, 2022. The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, February 22, 2022. The public bid opening for RFB 2122-26, Digester Cleaning Services, 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. 2122-26

DIGESTER CLEANING SERVICES

SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope prior to 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)..............................................14-15 . Support of Local Vendors (if applicable)......................................................................... 16 . Company History Statement ........................................................................................... 17 . Addenda Acknowledgement Page (if applicable) ........................................................... 18 . Warranty Statement.......................................................................................................... 19 . Subcontractor List............................................................................................................. 20 #2..
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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES

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 contract without further action by either party. The contract 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 contract 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 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 contract 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 contract.

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 document 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. 2122-26

DIGESTER CLEANING SERVICES

PRICING SCHEDULE
All labor, materials, tools, equipment, vehicles, pumps, hoses, electrical cables, fuel, licenses 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.

Item Description Qty Prevailing Wages Required
Unit Unit Price
Complete Cleaning of Digester Number (1) 1 Job $______________________ Mobilization Fees 1 Job $______________________
Demobilization Fees 1 Job $______________________
Total Project Price $______________________
Item Description Qty Prevailing Wages Required
Unit Unit Price
Complete Cleaning of Digester Number (2) 1 Job $______________________ Mobilization Fees 1 Job $______________________
Demobilization Fees 1 Job $______________________
Total Project Price $______________________
Number of working days to complete the project after receipt of order: ________________ Company Name (Bidder):
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9 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES

PRICING SCHEDULE
City Business/Delivery License No. __________ Expiration Date: __________ Contractor License No. __________ Expiration Date: __________ DIR Registration No. _______________________________ Expiration Date:

Stated pricing is subject to (______ %) cash discount if invoice is paid within ______ days after acceptance of service.

THE PAYMENT OF PREVAILING WAGES IS REQUIRED.

A City Business License is not required at the time of the bid, however, please note the Business License No. if bidder should already have one. (See Section 1.12 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 2.25 Payment.

Company Name (Bidder):

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

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:
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10 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response. This form is not required to be returned, unless an Exception, Clarification, or Amendment is requested by the bidder. Any requested exception, clarification or amendment may not be accepted and may deem the bidder as non-responsive.

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
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11 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES

REFERENCES
All Bidders must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with similar type of services 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 may be deemed as 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. 2122-26

DIGESTER CLEANING SERVICES

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. 2122-26

DIGESTER CLEANING SERVICES

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. 2122-26

DIGESTER CLEANING SERVICES

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.

By signing below, 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)
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. 2122-26

DIGESTER CLEANING SERVICES

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

Signature / Print:

Signature / Print:
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16 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES

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. 2122-26

DIGESTER CLEANING SERVICES

ADDENDA ACKNOWLEDGEMENT
The bidder shall check the RFB listing on the CITY or 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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18 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES

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 services requested herein.

The company history statement shall be prepared on company letterhead and provided with the bid submittal. #2..
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19 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES

WARRANTY STATEMENT
Bidder shall attach to their bid proposal a written statement detailing workmanship warranty, term and conditions as defined in the RFB.

Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud, or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant order.
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20 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES

SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business of each sub-contractor who will perform work or labor or render services to the bidder. In addition, list the type of work the sub-contractor will perform.

Name of Subcontractor Address Type of Work License #
Company Name (Bidder):
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21 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto Utilities Department, Wastewater Division is requesting a CONTRACTOR to provide Digester Cleaning. Digesters are located at 1221 Sutter Avenue, Modesto, CA. Hours of operation will be Monday through Friday from 6-am – 4:30 pm. Weekends and afterhours can be arranged if necessary.

Digesters are utilized to reduce the volume of organic waste that is removed from the wastewater in the Primary Clarifiers. Cleaning of digesters removes solids that will not break down in the digestion process. The anaerobic digester process does not however break down inorganic material such as sand and plastic. Regular cleaning of digesters will ensure that proper operating energy efficiency is maintained. Cleaning of anaerobic digesters is standard operating procedures for all wastewater treatment plants.

The CONTRACTOR shall remove all sludge, grit and other miscellaneous materials from the digester; screen the material and transfer the screened sludge material to the on-site bio-solids beds approximately 1800 feet from the digesters. The material shall be screened to 3/16” particle size. The screenings shall be deposited in a trash bin and will be removed at the CITY’s cost.

The CONTRACTOR shall furnish all labor, materials, tools, equipment, vehicles, pumps, hoses, electrical cables, fuel and insurance necessary to perform the required services. The Best Management Practices (BMP) for housekeeping that must be followed by the CONTRACTOR at all times is listed on page 26 of this RFB.

These procedures shall be followed by the CONTRACTOR during the duration of the project.

As part of the City of Modesto safety procedures, CONTRACTOR shall have all workers including subCONTRACTOR’s check in at the front desk when they enter and leave the work site daily.

The CITY shall provide the following:

1. Primary Treated Wastewater

2. 150 amps, 480V, 3 phase power

3. Removal and Replacement of access hatches

4. Vacuum and pressure relieve valves will be open while digester(s) drain

5. Sufficient staging area for CONTRACTOR’s equipment

6. Drain down digester volume by 60%

1.2 TECHNICAL REQUIREMENTS:

1. The CONTRACTOR shall observe industry safety practices for work around a digester. The technical specifications shall include, but not be limited to the following:
a. The CONTRACTOR shall inspect the digester tank, and submit a written tank inspection report to both the Plant Maintenance and Operations Supervisors. The report shall include the following:
• Total feet of materials on sidewall, plus the depth of the cone (______Feet) • Feet of blanket material: Density (high, medium, low) • Feet of bottom grit-sand, etc.: Density (high, medium, low) • Feet of remaining material: Density (high, medium, low) • Other observations: Piping, Walls, Ceiling, etc., and Other Comments #2..
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22 b. The CONTRACTOR shall not allow smoking around the top or inside of any digester, at any time. c. Explosion-proof safety lights and non-sparking tools shall be used inside a digester. Before work is conducted inside a digester, the atmosphere shall be tested for explosive and toxic mixture of gasses, and oxygen deficiency. Should an explosive mixture or oxygen deficient condition to be found present, the air inside the digester shall be thoroughly purged until the hazard or condition no longer exists.

Confined Space Entry Procedures and Permit shall be strictly enforced. CONTRACTOR shall provide the City of Modesto with their Confined Space Entry Procedures and Permit and current training records/certifications for approval prior to start of project. The Confined Space Entry Procedures and Permit must be equal to or greater than those of the City of Modesto.

d. The CONTRACTOR shall provide proper air monitoring equipment and calibration records for their equipment.
e. The CONTRACTOR shall provide all labor and materials for temporary hookups, necessary to thoroughly clean out the digesters. Water for flushing/jetting will be provided from the clarifiers in service at the Wastewater Treatment Plant site. The primary effluent water shall be pumped by the CONTRACTOR from the clarifier launder. Fresh potable water is available, but in limited volume. f. CONTRACTOR is responsible for containment of any spill, seepage, associated with the cleaning or disposal. Any seepage/spill is to be returned back into the system for disposal to the drying beds.

CONTRACTOR shall not remove any covers from protected drains or manholes.

1.3 DIGESTER CONTENT:

All sludge, scum and/or sand shall be removed from the digesters and deposited, on-site, in an area designated by the CITY. The CONTRACTOR shall have no claim to additional compensation upon the CITY for any quantity in excess of the results expected in the CONTRACTOR’s Inspection of the digester. Potable water use is prohibited without written permission from the Plant Maintenance and/or Operations Supervisor. The contents of the digester are to be pumped to sludge drying beds numbers 1-10. Drying bed manifold may be used; however, the line must be flushed with water when completed. The CITY is not responsible for any material inside the digester which impedes the ability for the CONTRACTOR to pump sludge to the drying beds.

DIGESTER NUMBER ONE – DIMENSIONS AND CAPACITITES:
➢ Type of Digester: Anaerobic Digester
➢ Gallons Two (2) Million
➢ Diameter 104 feet
➢ Side Wall Depth 40 feet
➢ Number of Top Manholes Two (2) - Inside Diameter 36 inches ➢ Number of Side Openings Two (2) – Inside Diameter 36 inches ➢ Year Tank was built 1976
➢ Last year cleaned Placed online 8/1/2015
➢ Tank Mixing Hydraulic
➢ Tank Construction Steel
➢ Lid Domed
➢ Floating Lid N/A
➢ Sump Yes
➢ Ladder or Steps Outside Yes
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23 ➢ Inside Steps No
➢ Current PH of Tank 7.3
➢ Temp 85
➢ Digester in Operation No
➢ Type of Headworks Screw Pumps
➢ Type of Grip Removal Teacup
➢ Power is available on site 3 phase 460/480 volts 2
nd breaker 150
➢ Type of Water Supply Primary Treated Wastewater
➢ Estimate of Blanket in feet Six (6) Feet
➢ Bottom sediment in feet 8 feet Eight (8) Feet
➢ Material is to be pumped 1800 feet to a drying bed
DIGESTER NUMBER TWO – DIMENSIONS AND CAPACITITES:
➢ Type of Digester: Anaerobic Digester
➢ Gallons Two (2) Million
➢ Diameter 104 feet
➢ Side Wall Depth 40 feet
➢ Number of Top Manholes Two (2) - Inside Diameter 36 inches ➢ Number of Side Openings Two (2) – Inside Diameter 36 inches ➢ Year Tank was built 1982
➢ Last year cleaned September 2015-Currently Offline
➢ Tank Mixing Hydraulic
➢ Tank Construction Steel
➢ Lid Domed
➢ Floating Lid N/A
➢ Sump Yes
➢ Ladder or Steps Outside Yes
➢ Inside Steps No
➢ Current PH of Tank N/A
➢ Temp N/A
➢ Digester in Operation Offline
➢ Type of Headworks Screw Pumps
➢ Type of Grip Removal Teacup
➢ Power is available on site 3 phase 460/480 volts 2
nd breaker 150
➢ Type of Water Supply Primary Treated Wastewater
➢ Estimate of Blanket in feet Six (6) feet
➢ Bottom sediment in feet Eight (8) feet
➢ Material is to be pumped 1800 feet to a drying bed

1.4 DRYING BEDS 1-10 CAPACITY:

The total capacity of storage (gallons), for the drying beds 1-10 is approximately 3.9 million gallons available.

1.5 DISPOSAL SITE:

1. The disposal area(s) are not to be overfilled or any other non-designated areas used for disposal.

1.6 TIME RESTRICTION:

1. One of the major digesters (No. 1 or No. 2) must remain in service during the cleaning period. Once cleaning has begun, it must be a continuous cleaning cycle until completed. #2..
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24 1.7 DIGESTER CLEANING FREQUENCY:

1. Digesters No. 1 & No. 2 shall be cleaned every two (2) years and will alternate the years. Only one of these digesters is used at a time.

2. Digesters will be in service until two (2) weeks prior to cleaning.

3. CITY reserves the right to increase the frequency as operationally needed.

1.8 CURRENT DIGESTER CLEANING STATUS:

1. Digester No. 1 was placed online November 2021

2. Digester No. 2 was cleaned February 2021

1.9 ELECTRICAL SERVICE:

The CITY shall provide 480 volt, 150-amp electrical service during digester cleaning.

1.10 CLEANUP:

Prior to requesting a final inspection, the CONTRACTOR shall carefully clean up and remove all surplus materials and/or debris of any type resulting from the CONTRACTOR’s work from the work site, and shall dispose of all of the materials and debris in a proper manner. The work site shall be left clean and neat. All plant piping used to transport material from the work area shall be flushed at the completion of the work.

1.11 INSURANCE:

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 occurrence 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 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 pollutions 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 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 #2..
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25 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, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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.

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

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

1.12 REQUIRED LICENSES:

Prior to beginning any work or delivering any equipment or material to be furnished under this specification and bid, 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. Should the bidder already have this license, please indicate the license number and expiration date.

If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California CONTRACTOR's license(s) at the time the bid is submitted. An agreement shall not be awarded to a bidder that does not possess the appropriate CONTRACTOR's license(s). The appropriate CONTRACTOR's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the CONTRACTOR to do business in the State of California. CONTRACTOR shall indicate their license number and expiration date.

1.13 SUBCONTRACTORS:

Before the start of any job the CONTRACTOR shall provide the names and location of the place of business for each subcontractor that shall perform work or labor or render service to the CONTRACTOR. All subcontractors shall be licensed and or certified by the State of California, and shall be held to the same standards as the CONTRACTOR.

1.14 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. #2..
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26 1.15 BARRICADES:

The CONTRACTOR shall provide and place barricades and/or safety ribbon as necessary to restrict access to the work areas. The CONTRACTOR shall be responsible for maintaining access control of the work areas from the time construction starts until the time the work site is returned to its pre-project condition, including paving and cleanup.

1.16 DISPOSAL OF MATERIALS:

The CONTRACTOR shall certify that any materials and debris removed from the site shall be disposed of in accordance with applicable Federal, State and Local laws, regulations or ordinances. If requested by the CITY, CONTRACTOR shall furnish proof of disposal.

1.17 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the CITY Representative, the CONTRACTOR shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, delivered to the work site. The CONTRACTOR shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The CONTRACTOR shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts or materials, before final acceptance by the CITY.

Suspension of work for any cause whatsoever shall not relieve the CONTRACTOR of their responsibility for the work or parts and materials as specified on the work request.

The CONTRACTOR shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship.

The CONTRACTOR shall be responsible for any damage their activities cause to adjacent public or private property. The CONTRACTOR shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.

1.18 CHARACTER OF WORKERS:

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

1.19 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.

1.20 DELAY(S) 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. #2..
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27 1.21 BEST MANAGEMENT PRACTICES FOR GOOD HOUSEKEEPING:

1.21.1 STORING MATERIALS:
• Place tight fitting lids on all containers.
• Check containers often for leaks or spills. Replace all bins and containers that are leaking, corroded, or otherwise deteriorating.
• Store containers and materials in a manner that keeps leaks and spills from being washed into the storm-drain system, i.e. inside a building, under a roof, or securely covered with a tarp to prevent contact with rain.

1.21.2 PREVENATIVE MAINTENANCE:
• Keep tools, equipment, and vehicles in good working condition. • Regularly Inspect equipment and vehicles for leaks (oil, radiator, transmission, etc.), and make repairs immediately.
• Use drip pans to catch leaks during maintenance activities. • Before beginning an outdoor project, locate the nearest storm drains and protect them from debris and other materials.
• Sweep up and properly dispose of construction debris such as concrete and mortar. • Clean paint brushes in a sink, not outdoors. Properly dispose of excess paints through a household hazardous waste collection program.
• litter Control
• Pick up litter and waste receptacles.
• Prevent trash overflow by trash receptacles on site.

1.21.3 WASTE DISPOSAL:
• Check dumpsters and trash receptacles regularly for leaks. • Replace leaky or corroded dumpsters and trash receptacles immediately. • Keep outside refuse container lids closed to keep rain out. • Pick up and properly dispose of compost leaves, grass clippings, and other-yard waste. Don't blow them out into the street.
• NEVER pour oil, antifreeze, paint, or any other toxic materials down the storm drain. Take them to approved hazardous waste collection sites.

1.21.4 TOOL, EQUIPMENT, VEHICLE, & PAVEMENT CLEANING:
• If possible, wash tools, equipment, and vehicles in a grassed area. • Otherwise, discharge all wash water from paved areas to the sanitary sewer, a process treatment system, or holding tank.
• Sweep bare floors and paved areas often and dispose of the dirt and debris in the trash. • Do not power wash dirt, debris, or any other materials to the storm system.

1.21.5 LAWN AND GARDEN:
• Use pesticides and fertilizers sparingly. When use is necessary, use these chemicals in the recommended amounts. Avoid application if the forecast calls for rain; otherwise, chemicals will be washed into your local stream.
• Select native plants and grasses that are drought and pest resistant. Native plants require less water, fertilizer and pesticides.
• Don't overwater your lawn. Water during the cool times of the day, and don't let water runoff into the storm drain as it carries contaminants with it.
#2..
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28 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-26

DIGESTER CLEANING SERVICES

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 “INKED” SIGNED ORIGINAL BID DOCUMENT 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 Form (Signature Form)
• Support of Local Vendors (if applicable)
• Company History Statement
• Addenda Acknowledgement Page (if applicable)
• Warranty Statement
• Subcontractor List
Failure to furnish any of these documents may result in disqualification. #2..
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29 2.1.3 BID PRESENTATION:

Bid submittals should 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, Bid Acknowledgement and Financial Interest Disclosure Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2122-26, 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, 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 PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section

7.04 of the General Provisions contained within the CITY standards shall apply.

CITY Standards Website: https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120

2.5 PRICING FORMAT:

All labor, materials, tools, equipment, vehicles, pumps, hoses, electrical cables, fuel, licenses and insurance necessary to perform the required services shall be included in bid pricing.

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.

The City of Modesto shall not pay mileage charges or travel time from the CONTRACTOR’s place of business to the job site, or from site to site, or for the CONTRACTOR’s travel time to pickup materials.

2.6 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.

2.7 AWARD OF BID:

This is an “all or none” bid award.

In addition to price the award of bid shall be based on references and warranty.

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. #2..
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30 The CITY reserves the right to select that bid, which best suits the CITY’s needs. Regardless of CITY staff’s CITY’s needs as determined by the City Council whether or not said award is consistent with CITY staff’s recommendation for award.

2.8 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.

2.9 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.

2.10 TERM OF AGREEMENT:

The term of the agreement shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of the CITY, for a total of up to five (5) years.

A. Pricing shall remain firm for the first two (2) years of any agreement, which may be awarded pursuant to this RFB.

C. Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one (1) agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by the CONTRACTOR(s) in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

2.11 TERMINATION OF SERVICES:

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.

2.12 QUANTITIES:

No minimum or maximum is guaranteed or implied.
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31 2.13 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.

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant agreement/purchase order 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.

2.15 NON-DISCRIMINATION:

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

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

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

D. The 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.

2.16 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 following and 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.
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32 2.17 DRUG FREE WORKPLACE:

Bidder/CONTRACTOR certifies that he/she is following and 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/purchase order 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.

2.18 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.

2.19 ASSIGNMENT OF RIGHTS:

CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the purchase of goods, services, or materials pursuant to this agreement or any sub-agreement. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY tender’s final payment to CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

2.20 CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve the bidder of his/her responsibility to furnish the required items and service meeting all specifications contained herein.

2.21 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:

A. He/She has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant purchase order and supporting data, and that he/she has, from the information contained in such documents, specifications, and data, fully acquainted him/her with all conditions relevant to the work.

B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.

C. He/She will complete the work for the compensation stated above.

D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.
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33 E. In addition, thereto, the bidder/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order or agreement issued within the time specified in it.

2.22 FAILURE TO PERFORM SATISFACTORY:

It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in agreement price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of agreement between said CONTRACTOR and the City of Modesto. Those discrepancies and deficiencies in the work that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed.

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or private property by the CONTRACTOR or his employees or agents, the CONTRACTOR will be required to make repairs immediately. The CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or require CONTRACTOR to repair the damage to the satisfaction of the CITY at CONTRACTOR's expense.

2.24 PROTEST AND APPEAL PROCEDURES:

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

DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Clerk’s office of the City of Modesto. "Interested Party" means an actual or prospective bidder or offeror, or any CONTRACTOR or subcontractor identified by name in any bid or proposal.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the CITY has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest.

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

A. PROTEST PROCEDURES

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

2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.
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34 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)

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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35 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 #2..
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36 Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.

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

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

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

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

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

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

2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any CITY staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract 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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37 2.25 PAYMENT:
• Paper Payment Method:

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

The City of Modesto provides an E-pay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. 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]

2.26 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This Agreement may be modified and subject to change. #2..
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38 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:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-xx authorizing the award of bid and agreement for the DIGESTER CLEANING SERVICES 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 DIGESTER CLEANING SERVICES as described in RFB 2122-26, 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 furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit C, 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 said service at the following agreement rates, for an estimated annual amount of $_________________.
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39 AGREEMENT PRICING
Item Description Prevailing Wages Required
Unit Unit Price
Complete Cleaning of Digester Number (1 & 2) Job $______________________ Mobilization Fees Job $______________________
Demobilization Fees Job $______________________

2. PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section 7.04 of the General Provisions contained with the CITY standards shall apply.

DIR Project ID#: _________________

3. CITY CONTACT:

CITY Representative is: ________________________
Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406 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 effective only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

VENDOR CONTACT:

Contractor: __________________

4. TERM OF AGREEMENT:

The term of the agreement shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.

Year 1: 2022 through 2023
Year 2: 2023 through 2024
Year 3: 2024 through 2025
Year 4: 2025 through 2026
Year 5: 2026 through 2027
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement. #2..
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40 Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

5. LIABILITY 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 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 occurrence 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 subcontractors; products and completed operations; and/or professional liability.
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. #2..
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41 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 the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

CONTRACTOR shall invoice CITY upon completion of service. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the services 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 to: [email protected]
At a minimum, invoices shall state the following:
• Reference Annual Agreement #: _______________
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Service Location
• Unit price, extended price, sales tax and total

7. INDEMNITY:

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

8. ARBITRATION:

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

9. GOVERNING LAW:

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, without giving effect to its conflicts of laws provisions or principles.
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44 10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by Risk Management); and
Business License; and
Executed Agreement and all exhibits thereto.

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.

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.
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45 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, subcontractors 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 subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor 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 #2..
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46 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 subcontractor 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 CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of the agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee’s, decision to the City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days after 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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47 12. COMPLIANCE WITH ALL LAWS:

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Exhibit A Resolution No. 2022-_______;
b. Exhibit B CONTRACTOR submittal;
c. Exhibit C RFB 2122-26
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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: __________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
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48 P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR (IES) FOR CONTRACTOR:

The undersigned signature (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:

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.

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 proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous bids, 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 #2..
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49 agreement. No future waiver or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.

21. PARTIAL INVALIDITY:

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.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, City Manager (Signature)

By: _________________________________
(Name & Title)
ATTEST:

Date: _______________________________
By: __________________________ By: _________________________________ DANA SANCHEZ, Interim City Clerk (Signature)
By: _________________________________
(SEAL) (Name & Title)
Date: _______________________________
APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ, City Attorney
By: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Signature Requirements
Corporation:

1. Signature of two (2) officers
Or

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

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
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ITEM # ITEM/DESCRIPTION QTY

UNIT OF
ISSUE
1 Complete Cleaning of Digester Number (1) 1 Job $54,970.00 $54,970.00 $204,000.00 $204,000.00 $70,000.00 $70,000.00 $45,290.00 $45,290.00 2 Mobilization Fees 1 Job $3,600.00 $3,600.00 $19,870.00 $19,870.00 $15,000.00 $15,000.00 $1,200.00 $1,200.00 3 Demobilization Fees 1 Job $3,600.00 $3,600.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $1,200.00 $1,200.00 Total Project Price $62,170.00 $228,870.00 $100,000.00 $47,690.00 4 Complete Cleaning of Digester Number (2) 1 Job $54,970.00 $54,970.00 $204,000.00 $204,000.00 $70,000.00 $70,000.00 $45,290.00 $45,290.00 5 Mobilization Fees 1 Job $3,600.00 $3,600.00 $19,870.00 $19,870.00 $15,000.00 $15,000.00 $1,200.00 $1,200.00 6 Demobilization Fees 1 Job $3,600.00 $3,600.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $1,200.00 $1,200.00 Total Project Price $62,170.00 $228,870.00 $100,000.00 $47,690.00 Number of working days to complete the project after receipt of order: Days 10 45 30 7 Low Bidder - Wastewater Solids Management @ $47,690 ***FOR COSTING PURPOSES ONLY***

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
Bakersfield, CA Yachats, OR
U.S. Reduction Systems, Inc.

Wastewater Solids
MP Environmental Services Management, Inc.

RFB NO. 2122-26 DIGESTER CLEANING SERVICES
San Leandro, CA
Pipe and Plant Solutions, Inc.

Chershire, OR
3/10/2022
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¹ 72000-Pump Equipment and Accessories, 72082-Water Pumps and Accessories (See 060-35 For Automotive Type), 84500-Testing Apparatus and Instruments (not for Electrical or Electronic Measurements), 89000-Water Supply, Groundwater, Sewage Treatment, and Related Equipment (Not for Air Conditioning, Steam Boiler, or Laboratory Reagent Water), 90783-Testing Services, 96895-Wastewater Treatment Plant, Operations, and Testing. ² Staff implemented a virtual bid opening in an effort to slow the spread of COVID-19.

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 6, 2022
Date: May 11, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement for Pump Efficiency Testing Services CONTACT: Jeff Daniels, Water Division Manager, [email protected],(209) 342-4585 DESCRIPTION:

Consider approving the Award of Bid and Agreement for Pump Efficiency Testing Services to Pumping Efficiency Testing Services, LLC, Sebastopol, CA, for a two-year Agreement with three (3) one-year extension options, for an estimated annual amount of $40,000, and a total amount not to exceed $200,000 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 has a need for pump efficiency testing for its pumps and panels. This testing will measure various aspects of the pump’s operation including water flow, rate, pumping lift/inlet pressure, pump discharge pressure, and energy input to the pumping plant. There are approximately 110 pumps in the water system that require testing annually. The Water Services Division expects to have 120 pump efficiency tests performed each year. This will aid the Water Division’s Pump Rejuvenation Program by identifying areas of improvement and increased efficiencies.

On August 2, 2017, by Resolution No 2017-304, Council approved the award of bid and contract for pump efficiency testing to Pumping Efficiency Testing Services, Sebastopol, CA, for a two- #3..
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Economic Development Committee, June 6, 2022
Agreement for Pump Efficiency Testing Services

Page 2 of 3 ends

year agreement with three (3) one-year extension options at the sole discretion of the City, for an estimated annual cost of $30,000, or a total of up to $150,000 over five years.

The current Agreement No 124366 is set to expire on August 1, 2022.

DISCUSSION:

In order to support continued pump efficiency testing, the City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for the furnishing of pump efficiency testing services.

On February 23, 2022, the Purchasing Division issued RFB 2122-47, Pump Efficiency Testing Services, on Planet Bids via the City’s website under six commodity codes¹. Prospective bidders were notified online and via email of the bid opportunity. Twenty companies chose to download the RFB document.

On March 22, 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 recommends the award of bid for the furnishing of pump efficiency testing services, to Pumping Efficiency Testing Services, Sebastopol, CA.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. An award of bid and agreement for the furnishing of pump efficiency testing services to Pump Efficiency Testing Services, Sebastopol, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Pumping Efficiency Testing Services, Sebastopol, CA., was the lowest responsive and responsible bidder.

FISCAL IMPACT:

Expenditures over the past four years for the furnishing of pump efficiency testing services under the previous agreement are listed below:

Fiscal Year Total
FY 17/18 $24,800
FY 18/19 $24,200
FY 19/20 $25,200
FY 20/21 $35,900
Grand TOTAL $110,100
The cost for these services will be covered by the Water Fund through existing funds budgeted in 4100-45050-53300, Water Services – Wells & Tanks, for an estimated annual amount of $40,000, and a total amount not to exceed $200,000 over five years. #3..
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Economic Development Committee, June 6, 2022
Agreement for Pump Efficiency Testing Services

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Approved by:

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

1. Agreement

2. Exhibit B Bid Submittal

3. Exhibit C RFB

4. Financial Interest Disclosure

5. Cost Abstract
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1 ANNUAL AGREEMENT NO. 222904

FOR PUMP EFFICIENCY TESTING SERVICES

PUMPING EFFICIENCY TESTING SERVICES, LLC (PETS)
This Agreement, (“Agreement”) is 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 Pumping Efficiency Testing Services, LLC. (PETS), 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 PUMP EFFICIENCY TESTING SERVICES 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 PUMP EFFICIENCY TESTING SERVICES as described in RFB 2122-47, attached hereto as Exhibit “C” and made a part hereof; and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of this complete Agreement. b) CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of this Agreement.
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2 d) CONTRACTOR shall maintain a CITY business license for the duration of this Agreement. e) CONTRACTOR shall furnish said services at the rates set forth below in the table entitled “Agreement Pricing”, for an estimated annual amount of $40,000 and a total amount not to exceed $200,000.

AGREEMENT PRICING

DESCRIPTION UNIT OF
ISSUE

UNIT PRICE
Pump System Analysis which includes sounding the well, measuring water flow (GPM), measuring operating pressure, rating overall efficiency, and supplying the Water Division with a cost to pump an acre foot.

Each $195.00
Flow Meter Verification and Calibration Each $100.00
Infrared Imaging Survey Each No Charge

3. CITY REPRESENTATIVE:

CITY Representative: Tony Benns, Utility Plant Operations Supervisor Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406 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 effective only by written change to this Agreement, issued by the CITY of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:

CONTRACTOR: Nancy Comstock, Managing Partner, (866) 774-4812 Email: [email protected]

5. TERM OF AGREEMENT:

The term of this Agreement shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.

Year 1: August 2, 2022 through August 1, 2023
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3 Year 2: August 2, 2023 through August 1, 2024
Year 3: August 2, 2024 through August 1, 2025
Year 4: August 2, 2025 through August 1, 2026
Year 5: August 2, 2026 through August 1, 2027
Pricing will remain firm for the first two (2) years of this Agreement. Price adjustments for gas/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.

The index used to determine price adjustments on gas/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, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI-U) for West Urban Area in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

6. LIABILITY 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 Risk Management of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. 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. The insurance shall indicate on the #3..
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4 certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTORs and subcontractors; products and completed operations.
b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

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 Manager via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and 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(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. #3..
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5 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 selfinsurance maintained by the City, its agents, officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it.

7. PAYMENT:

CONTRACTOR shall invoice CITY at a minimum of a monthly basis. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the services by the CITY, and receipt of a properly prepared invoice in duplicate, 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 to: [email protected]
At a minimum, invoices shall state the following:
 Reference Annual Agreement #: 222904
 CITY department/division name and address
 Billing period
 Service hours worked, day and week
 Service location
 Unit price, extended price, sales tax and total

8. INDEMNITY:

CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, officials, employees, and volunteers 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.

9. ARBITRATION:

10. GOVERNING LAW:
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7 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, without giving effect to its conflicts of laws provisions or principles.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by Risk Management); and
Business License; and
Executed Agreement and all exhibits thereto.

12. TERMINATION OF SERVICES:

Termination by CITY for Convenience
The CITY may also terminate the CONTRACTOR's performance under this 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 this Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason. The CITY shall provide no less than ten (10) calendar day’s written notice of its intent to terminate this #3..
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8 Agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and sub-contractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in 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 subcontractor 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;
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9 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 this 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 subcontractor 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 CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of this 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 after receipt of written notification from CITY of termination of this Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, #3..
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10 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:

14. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this Agreement and the following documents which are incorporated herein by this reference:
a. Exhibit “A” Resolution No. 2022-_______;
b. Exhibit “B” CONTRACTOR submittal;
c. Exhibit “C” RFB 2122-47
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.

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: Nancy Comstock
Pumping Efficiency Testing Services, LLC
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11 498 Watertrough Road
Sebastopol, CA 95472
[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 signature (ies) for CONTRACTOR warrant(s) and represent(s) those he/she/they is/are legally competent to execute this 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:

19. HEADINGS NOT CONTROLLING:

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

20. MISCELLANEOUS:

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

21. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR’s proposal are #3..
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12 controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous bids, 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 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:

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 Pumping Efficiency Testing Services, LLC. (PETS), has caused this Agreement to be duly executed.
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1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47
FOR

PUMP EFFICIENCY TESTING SERVICES
BID OPENING: March 22, 2021 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5406
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2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

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 DOCUMENT
. Bid Acknowledgement (Signature Form)........................................................................ 7 . Pricing Schedule (Signature Form)...............................................................................8-9 . Exceptions, Clarifications, Amendments (if applicable)................................................. 10 . References....................................................................................................................11-12 . Financial Interest Disclosure (Signature Form) .......................................................13-15 . Support of Local Vendors (if applicable)......................................................................... 16 . Company History Statement ........................................................................................... 17 . Addenda Acknowledgement Page (if applicable) ........................................................... 18

TECHNICAL REQUIREMENTS
. Scope of Work.................................................................................................................. 19 . Technical Requirements..............................................................................................19-20 . Site Locations................................................................................................................... 22 . Required Licenses............................................................................................................. 22 . Insurance......................................................................................................................22-23

GENERAL REQUIREMENTS
. Bid Submittal.................................................................................................................... 25 . Acceptance/Rejection of Irregular Bids........................................................................... 25 . Complete Bid Document.................................................................................................. 25 . Compliance/Non-Compliance.......................................................................................... 26 . Pricing Format.................................................................................................................. 26 . Pricing Schedule............................................................................................................... 26 . Award of Bid .................................................................................................................... 26 . Term of Agreement .......................................................................................................... 27 . Termination of Services ................................................................................................... 27 . Quantities.......................................................................................................................... 27 . Funding............................................................................................................................. 27 . Other Government/Publicly Funded Agencies................................................................ 28 . Protest and Appeal Procedures....................................................................................30-34 . Payment ............................................................................................................................ 34 . Sample Annual Agreement ........................................................................................35-47 #3..
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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 furnishing of Pump Efficiency Testing Services for the City of Modesto, Utilities Department, Water Services 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, March 22, 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, 5th Floor, Suite 5300, Modesto, CA 95354.

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

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

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2122-47

PUMP EFFICIENCY TESTING SERVICES
BID OPENING DATE: MARCH 22, 2022 AT 11:00 A.M.

MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK

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 #3..
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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 contact 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 February 23, 2022
Written Questions Due March 1, 2022
Addendum Issued (if required) March 8, 2022 (approximate date) Bid Opening PRIOR 11:00 A.M. on Tuesday, March 22, 2022 Bid Award Approximately July 2022
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded an agreement they will make no claim against the CITY based upon ignorance of conditions or misunderstanding of the specifications.

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: CITY's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in the CITY agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by CITY are hereby rejected. CITY agreements signed by the CITY's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of CITY's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the CITY's terms and conditions. #3..
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5 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES
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, March 22, 2021.

The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, March 22, 2021. The public bid opening for RFB 2122-47 Pump Efficiency Testing Services, 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. 2122-47

PUMP EFFICIENCY TESTING SERVICES

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 #3..
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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

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.

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 contract without further action by either party. The contract 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 contract 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 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 contract 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 contract.

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.

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 document may result in disqualification.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:

PUMPING EFFICIENCY TESTING SERVICES, LLC, (PETS)
498WATERTROUGH ROAD
SEBASTOPOL, ca 95472
March 15, 2022
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8 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

PRICING SCHEDULE
All labor, equipment, fuel, tools, licenses 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.

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. **

DESCRIPTION ESTIMATED
ANNUAL
QTY.

UNIT OF
ISSUE
UNIT
PRICE

EXTENDED
PRICE
Pump Efficiency Test and Cost Savings
Analysis which includes sounding the
well, measuring water flow (GPM),
measuring operating pressure, rating
overall efficiency, and a cost to pump an
acre foot.
110 Each $ _________ $ ____________
ADDITIONAL SERVICES:

DESCRIPTION QTY UNIT OF
ISSUE

UNIT PRICE
Flow Meter Verification and Calibration 1 Each
Infrared Imaging Survey 1 Each
Company Name (Bidder):
195.00 21,450.00
$100.00
No Charge
*
*The $100.00 price for the Flow Meter Verification Tests Report is if the Meter Tests are performed simultaneous with the Pumping Efficiency Testing. We are able to offer this low price because we are already on site performing the pump tests and one of the aspects of the pump test is Flow Readings. We need to perform the Flow Meter Test Readings for longer, sometimes at various flows, operating conditions, but it is a time/manpower savings for both the City of Modesto and PETS to do them at the same time. Typically we would charge $300 for Flow Meter Tests.

I want to clarify that we do not Calibrate the Flow Meters, we provide a low cot service testing the meters with our test- calibrated Flow Meter, to let you know which of your flow meters need to be repaired or replaced. The Flow Meter Test Reports we provide are being accepted by a number of State Agencies/Program, along with beng utilized by City Water Loss Programs and more.

PUMPING EFFICIENCY TESTING SERVICES, LLC
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9 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

PRICING SCHEDULE
CITY Business/Delivery License No.__________ Expiration Date: __________ A CITY Business License is not required at the time of the bid, however, please note the Business License No. if bidder should already have one. (See Section 1.5 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 2.26 Payment.

Stated pricing is subject to (______ %) cash discount if invoice is paid within ______ days after acceptance of service.

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:

PUMPING EFFICIENCY TESTING SERVICES, LLC, (PETS)
Nancy Comstock
Managing Partner
498 WATERTROUGH ROAD, SEBASTOPOL, CA 95472
[email protected]
866 774 4812
No longer use fax, text cell (707) 8888 963
03/15/2022
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10 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder): PUMPING EFFICIENCY TESTING SERVICES, LLC, (PETS) 8 Clarification - The Flow Meter Verification Test, Report Price is assuming that the Flow Meter Test is performed simultaneous to the Pump Test, While on Site performing the Pump Test. This low price of $100 is because the Flow Meter Readings are part of, included in the Pump Testing. The Flow Meter Readings are more extensive for the Flow Meter Tests, take longer than the Pump Test -"Snap Shot" Flow read. There are more Flow
readings for the Flow Meter Tests because a number of flow readings over a longer period of time. A separate Report is generated for the Flow Meter Verifications Tests, in a similar spreadsheet format to the Pump Test Reports provided to City of Modesto, with data in a linear format for year after year comparison, and Station and Meters consecutive on their Report Sheet, 1 for Pumps Tests and one sheet for all Meter Test Results.

One other clarification, the Flow Meter Tests are a verification and indication of the Flow Meter Accuracy, we do not calibrate the meters, but rather provide a low cost test to let you know if your Flow Meters, Water Productions need calibrating. Our Reports are currently being used by numerous cities, water districts, etc., to confirm to the state and other agencies and programs, if the meters are within specifications or if there are any meters that need to be calibrated, repaired or replaced. Our Flow Meter Verifications Tests are an indication if your Meters are outside the accuracy specifications required.

PETS give the City of Modesto additional savings because of our efficiency, that PETS Pump Tester is familiar with your system, he is able to test the systems in a more timely manner.

The Infrared Imaging is provided at not additional cost to the City of Modesto.
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11 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references may be deemed as non-responsive.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
PG&E, Advanced Pumping Efficiency Program
Center for Irrigation Technology, Fresno State University 5370 N. Chestnut Ave, Fresno, CA 93740
William, (Bill), Green
[email protected] [email protected]
559 278 2327 Direct/559 906 1537 cell
PG&E Energy Efficiency, State Univeristy Water Saving Educational Pro January 2000
Varies up to $250,000/yr
City of Vallejo
202 Flemming Hill Road
Vallejo, CA 94589
John Palesi, Water Facilities Superintendent
John,[email protected]
707 648 4519
City Water Distribution
biennially 2 weeks per year
$10,000.00
City of Brentwood
2201 Elkins
Brentwood, CA 94513
James Wolf, Operations Manager
[email protected]
James Wolfe cell 925 382 5281
City Water Distributor
Since 1990
one week per year since 1989
4,800.00 + PG&E, APEP Pump Test Subsidy
+ PG&E, APEP Pump Test Subsidy
- Present
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12 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

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):

City of Pittsburg
Jason Moser, Treatment Plant Superintendent
300 Olympia Drive
Pittsburg, CA 94565
[email protected],ca,us
925 252 6997, Jason Moser cell 925 383 6337
City Water Department, Water Distribution
Annually, one week per year most recent May 2021
2,000 - 5,000 + PG&E APEP Subsidy
City of Santa City Water Utility and Reclamation Program Tasha Wright, Energy Sustainabiity / Andrew Romero, Reclamation [email protected] [email protected]
Tasha - 707 543-4546
City Water Dist and Tertiary Water for irrigation /Geysers recharge 95 Stony Point Road 4300 LLano Rd, -Reclamation Santa Rosa CA 95405 Various since 1985
Varies, week to 2 weeks per year, average $5,000 - 10,000 per week

PUMPING EFFICIENCY TESTING SERVICES, LLC
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13 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

FINANCIAL INTEREST DISCLOSURE

FinDisclosure12-19
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14 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

Tests of Materiality:

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

PUMPING EFFICIENCY TESTING SERVICES, LLC
Nancy Comstock, Managing Partner
March 15th, 2022
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15 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

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

Signature / Print:

Signature / Print:
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16 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
Of

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

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

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:
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17 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

The company history statement shall be prepared on company letterhead and provided with the bid submittal. #3..
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18 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

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):

1. Company Description, History, on Company Letterhead

2. Resume - Robert E Fraker III, Pump Test and Flow Meter Test Technician

3. Resume - Nancy Comstock

4. Vita - Nancy Comstock - Managing Partner, Started PETS in 1989

5. Current Services and Pricing Sheet - Modesto Prices are discounted from this Pricing Sheet

6. Copy of Last years City of Modesto Business License and Bus Tax payment

7. Sample Pump Test, (Modesto Preference)

8. Sample other option of 1 page Pump Test Report with 1 page Energy Cost Savings Analysis for each pump

9. Sample Flow Meter Verification Test Report

10. Flow Meter Calibration Certificate

PUMPING EFFICINCY TESTING SERVICES, LLC
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19 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The CITY of Modesto, Utilities Water Services Division, has a need for pump efficiency testing for its pumps and panels. This testing will measure various aspects of the pump’s operation including water flow rate, pumping lift (or inlet pressure), pump discharge pressure, and energy input to the pumping plant. There are approximately 110 Pumps in the water system that need to be tested yearly. The sizes of the pumps range from 20 HP – 250 HP.

The overall pumping efficiency is determined by comparing the energy input to the pump versus the “water horsepower” developed by the pump. The water horsepower is related to the pump flow and total dynamic head (pumping lift and discharge pressure) in the system.

The Pump Efficiency Test and Cost Savings Analysis includes, sounding the well, measuring water flow (GPM), measuring operating pressure, rating overall efficiency, and a cost to pump an acre foot. All prices to include reports and follow up consultation on the pumps tested. Reports shall be provided on a USB flash drive and mailed to Utility Water Services Division at 4240 Litt rd., Modesto, CA 95357 and to the Attention of Tony Benns. There are no additional charges for mileage or per diems.

The successful CONTRACTOR shall furnish all labor, equipment, fuel, and insurance necessary to perform the work covered by these specifications on an as needed basis.

1.2 TECHNICAL REQUIREMENTS:

A summary report for each pump efficiency test performed is required to include test findings. A timeline of fifteen (15) business days from job assignment completion is the deadline to receive the summary report.

1.2.1 PUMP TEST REPORT(S):

Report(s) should include the following:
• Site Location
• Tester
• Date
• Test findings

1.2.2 EQUIPMENT DATA:
• Make/Model
• Serial Number
• Horsepower (HP)

1.2.3 HYDRAULIC DATA:
• Standing Water Level (ft)
• Recovered Water Level (ft)
• Pumping Water Level (ft)
• Draw Down (ft)
• Total Lift (ft)
• Discharge Pressure at Gauge (psi)
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20 1.2.4 FLOW DATA:
• Flow Velocity (ft/sec)
• Measured Flow Rate (gpm)
• Customer Flow Rate (gpm)
• Specific Capacity (gpm/ft draw0
• Acre Feet per 24 HR
• Million Gallons per 24 HR
• Cubic Feet per Second (cfs)

1.2.5 POWER DATA:
• Horsepower Input to Motor
• Percent of Rated Motor Load (%)
• Kilowatt Input to Motor
• Kilowatt hours per acre foot
• Cost to Pump an acre foot
• Energy Cost ($/hr)
• Base Cost per KWh
• Nameplate RPM
• RPM at Gearhead
• Overall Pumping Efficiency (%)

1.3 SITE LOCATIONS:

The following is a list of site locations for the Utility Water Services Division’s wells and tanks:

1.3.1 WELLS
Well # Address System
213 2310 LEHI AVENUE CERES
271 1260 COUNTRY CLUB DRIVE DEL RIO
282 7312 HILLCREST DRIVE DEL RIO
289 7129 BELTIS DRIVE DEL RIO
68 718 LADD ROAD DEL RIO
274 8930 CHARLES STREET GRAYSON
295 8417 YAMAMOTO WAY GRAYSON
J WELL1 7007 JENNINGS ROAD JENNINGS
GALLO 153 SOUTH SANTA ROSA MODESTO
1 72016TH STREET MODESTO
3 1179 8TH STREET MODESTO
6 520 E MORRIS AVENUE MODESTO
7 440 W MORRIS AVENUE MODESTO
10 405 5TH STREET MODESTO
16 1730 ARDMORE AVENUE MODESTO
25 607 WOODROW AVENUE MODESTO
29 701 ZEFF ROAD MODESTO
30 1105 CROWS LANDING ROAD MODESTO
33 2099 PRESCOTT ROAD MODESTO
38 238 E WHITMORE AVENUE MODESTO
39 3500 FOREST GLEN DRIVE MODESTO
40 420 N RIVERSIDE DRIVE MODESTO
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21 41 3427 SAGINAW COURT MODESTO
42 3499 SISK ROAD MODESTO
43 3741 CARVER ROAD MODESTO
45 4029 FARABIUNDO DRIVE MODESTO
46 2290 LINCOLN OAK DRIVE MODESTO
47 3001 DRY CREEK DRIVE MODESTO
48 4417 MCHENRY AVENUE MODESTO
49 2111 CROWS LANDING ROAD MODESTO
50 4000 TULLY ROAD MODESTO
51 4344 DALE ROAD MODESTO
52 3001 BEAR CUB LANE MODESTO
54 3720 ARIA WAY MODESTO
56 1140 GRAPHICS DRIVE MODESTO
57 329 10TH STREET MODESTO
58 3108 TUXFORD LANE MODESTO
59 314 YOSEMITE MEADOWS DRIVE MODESTO
61 4509 DALE ROAS/ KAISER WELL MODESTO
62 FREEDOM PARK (SHARON & FINE) MODESTO
63 MILFRED PERKINS PARK MODESTO
64 MCKINNEY COLONEY MODESTO
65 2400 MERLE AVENUE MODESTO
66 1624 ESTRELLITA COURT MODESTO
67 4016 LITT ROAD MODESTO
71 2505 BRENNER DRIVE MODESTO
72 732 SUTTER AVE (ALLEY) MODESTO
211 904 EDGEBROOK DRIVE MODESTO
212 236 BEARD AVENUE MODESTO
214 924 RICHLAND AVENUE MODESTO
216 830 PECOS AVENUE MODESTO
217 450 BYSTRUM ROAD MODESTO
223 1218 ALAMO AVENUE MODESTO
225 100 SPENKER AVENUE MODESTO
236 700 RACHELLE AVENUE MODESTO
237 1678 SHIRLEY MODESTO
241 2001 COX AVENUE MODESTO
247 BEHIND 4916 BROKLYN COURT (EMPIRE) MODESTO
259 3300 COFFEE ROAD (VILLAGE 1) MODESTO
262 2901 FITZPATRICK AVENUE MODESTO
264 199 ROBIN HOOD DRIVE MODESTO
265 1024 GETTYSBURG AVENUE MODESTO
267 1150 EAST ORANGEBURG AVENUE MODESTO
269 1211 ROSE AVENUE MODESTO
277 501 CODONI AVENUE MODESTO
278 2016 SCENIC DRIVE MODESTO
279 2901 FARRAR AVENUE MODESTO
283 821 MARNI WAY MODESTO
284 1027 MUSICK AVENUE MODESTO
287 320 SCHOOL AVENUE MODESTO
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22 291 3400 YOSEMITE BLVD. MODESTO
292 3300 YOSEMITE BLVD. MODESTO
300 1619 SUNRISE AVENUE MODESTO
301 1229 SOUTH CARPENTER ROAD MODESTO
304 1229 SOUTH CARPTENTER ROAD MODESTO
305 1218 ALAMO AVENUE MODESTO
308 601 SOUTH MCCLURE ROAD MODESTO
312 5130 SOUTH AVENUE MODESTO
256 305 HEDSTROM ROAD N.TURLOCK
255 902 SOUTH MINRET AVENUE S.TURLOCK
275 2301 EVELLE LANE S.TURLOCK
250 4314 FINNEY ROAD SALIDA
288 5400 MAXIMILLIAN DRIVE SALIDA
290 5123 DURLEY DRIVE SALIDA
297 4301 WINCANTON ROAD SALIDA
298 5256 PIRRONE COURT SALIDA
299 5600 PIRRONE ROAD SALIDA
313 4400 ELM STREET SALIDA

1.3.2 TANKS:

TANK # ADDRESS LOCATION
3 701 ZEFF ROAD MODESTO
4 SYLVAN CROSS OF ARIA WAY MODESTO
5 800 (FT) EAST OF OAKDALE ROAD CROSS OF

MERLE AVENUE MODESTO
6 1229 SOUTH CARPENTER MODESTO
7 1535 PLUMAS AVENUE MODESTO
8 1218 ALAMO AVENUE MODESTO
9 8415 YAMAMOTO WAY GRAYSON
10 IRONSIDE DRIVE AND GIRASOL WAY MODESTO
11 1105 BANGS AVENUE MODESTO
12 2616 ELM AVENUE MODESTO
13 525 CODONI AVE MODESTO
14 718 LADD ROAD DEL RIO

1.4 CERTIFICATION:

Arc Flash Certification is preferred but not required.

1.5 REQUIRED LICENSES:

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

The successful bidder shall maintain a CITY of Modesto business license for the duration of the agreement.

1.6 INSURANCE:

A. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury personal 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 CONTRACTORs and subcontractors; products and completed operations.

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

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

The CONTRACTOR's insurance policy(es) 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.

The successful bidder shall maintain proper insurance with the CITY for the duration of the contract. #3..
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24 1.7 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 effected only by written change to the agreement, issued by the CITY of Modesto, Purchasing Division.

1.8 CONTRACTUAL CHANGES:

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

1.9 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the CITY Representative, the CONTRACTOR shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The CONTRACTOR shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The CONTRACTOR shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts 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 reason whatsoever shall not relieve the CONTRACTOR of his/her responsibility for the work or parts and materials as specified on the work request.

The CONTRACTOR shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship, or parts and materials discovered in any part of the work, during one year after the completion and acceptance of the work.

The CONTRACTOR shall be responsible for any damage his/her activities cause to adjacent public or private property. The CONTRACTOR shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.

1.10 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 job on the request of the CITY Representative or Purchasing Manager, and such person shall not again work on any CITY job.

1.11 LABOR FORCE AND SUPERVISION:

1.12 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. #3..
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25 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:

FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

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

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

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

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 Form (Signature Form)
• Support of Local Vendors (if applicable)
• Company History Statement
• Addenda Acknowledgement Page (if applicable)
Failure to furnish any of these documents may result in disqualification. #3..
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26 2.1.3 BID PRESENTATION:

Bid submittals should 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, Bid Acknowledgement and Financial Interest Disclosure Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2122-47, and any addendum to such bid. Failure to comply may result in disqualification.

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:

2.5 PRICING FORMAT:

All labor, equipment, fuel, licenses, permits and insurance necessary to perform the required services shall be included in bid pricing.

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.

The CITY of Modesto shall not pay mileage charges or travel time from the CONTRACTOR’s place of business to the job site, or from site to site, or for the CONTRACTOR’s travel time to pickup materials.

2.6 PRICING SCHEDULE:

2.7 AWARD OF BID:

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 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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27 2.8 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.

2.9 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.

2.10 TERM OF AGREEMENT:

The term of the agreement shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of the CITY, for a total of up to five (5) years.

A. Pricing shall remain firm for the first two (2) years of any agreement, which may be awarded pursuant to this RFB.

B. Price adjustments for gas/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 gas/diesel fuel shall come from the Energy Information Administration:

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

2.11 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. #3..
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28 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.

2.12 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.13 FUNDING:

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

2.15 NON-DISCRIMINATION:

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

C. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

2.16 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 following and in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in #3..
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29 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.

2.17 DRUG FREE WORKPLACE:

2.18 INDEMNITY:

2.19 ASSIGNMENT OF RIGHTS:

2.20 CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve the bidder of his/her responsibility to furnish the required items and service meeting all specifications contained herein.

2.21 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:

B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.
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30 C. He/She will complete the work for the compensation stated above.

D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.

E. In addition, thereto, the bidder/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order or agreement issued within the time specified in it.

2.22 FAILURE TO PERFORM SATISFACTORY:

It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in agreement price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of agreement between said CONTRACTOR and the CITY of Modesto. Those discrepancies and deficiencies in the work that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed.

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

2.24 LABOR FORCE AND SUPERVISION:

CONTRACTOR shall provide sufficient labor at all times to carry out the project properly and shall ensure that fully experienced competent licensed workers who are skilled in the type of work required are employed.

CONTRACTOR shall ensure that supervision is provided at all times while any work under this agreement 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 agreement.

2.25 PROTEST AND APPEAL PROCEDURES:

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

DEFINITIONS
For the purposes of this procedure: "Days" means working days in which CITY Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Clerk’s office of the CITY of Modesto.
"Interested Party" means an actual or prospective bidder or offeror, or any CONTRACTOR or subcontractor identified by name in any bid or proposal.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
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31 "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.

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.

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.
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32 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.

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

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.

All protests shall either be delivered to:

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

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

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

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

The 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

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 a #3..
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34 contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.

2.26 PAYMENT:
• Paper 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 contract. 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.

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

2.27 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This Agreement may be modified and subject to change. #3..
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35 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:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-___ authorizing the award of bid and agreement for the PUMP EFFICIENCY TESTING SERVICES 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 PUMP EFFICIENCY TESTING SERVICES as described in RFB 2122-47, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete agreement. b) CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the CITY Representative.
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. #3..
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36 e) CONTRACTOR shall furnish said services at the following agreement rates, not to exceed $_________________ annually.

AGREEMENT PRICING

DESCRIPTION UNIT OF
ISSUE

Each
Flow Meter Verification and Calibration Each
Infrared Imaging Survey Each

3. CITY REPRESENTATIVE:

CITY Representative is: _______________________
Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406 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 effective only by written change to the agreement, issued by the CITY of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:

CONTRACTOR: Name, Title, Email, Phone

5. TERM OF AGREEMENT:

The term of the agreement shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of five up to (5) years.

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

Pricing will remain firm for the first two (2) years of the agreement. Price adjustments for gas/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.

The index used to determine price adjustments on gas/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, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

6. LIABILITY 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 by registered mail, return receipt requested, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. 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; and/or professional liability.
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38 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.

Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, 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 Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it.
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39 7. PAYMENT:

Invoice to: CITY of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• Reference Annual Agreement #: _______________
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Service Location
• Unit price, extended price, sales tax and total

8. INDEMNITY:

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

9. ARBITRATION:

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, without giving effect to its conflicts of laws provisions or principles.
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41 11. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by Risk Management); and
Business License; and
Executed Agreement and all exhibits thereto.

12. TERMINATION OF SERVICES:

Termination by CITYfor Convenience
TheCITYmay also terminate theCONTRACTOR's performance 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 theCITYis prevented fromproceedingwith the agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason. The CITY shall provide no less than ten (10) calendar day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.
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42 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 subcontractor 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 #3..
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43 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 subcontractor 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 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.

14. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Exhibit “A” Resolution No. 2022-_______;
b. Exhibit “B” CONTRACTOR submittal;
c. Exhibit “C” Scope of Work
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.

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: __________________
__________________
__________________
__________________
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45 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 signature (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:

19. HEADINGS NOT CONTROLLING:

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

20. MISCELLANEOUS:

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

21. ENTIRE AGREEMENT:

This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary from CONTRACTOR’s proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous bids, offers and communications relative to this agreement, whether #3..
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46 oral or written, are hereby superseded except to the extent that they have been incorporated into this agreement. No future waiver 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:

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 _________________has caused this agreement to be duly executed. #3..
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47 CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: ____________________________ By: _________________________________ JOSEPH P. LOPEZ, City Manager (Signature)
By: _________________________________
(Name & Title)
ATTEST:

Date: _______________________________
By: ______________________________ By: _________________________________ DANA SANCHEZ, Interim City Clerk (Signature)
By: _________________________________
(SEAL) (Name & Title)
Date: _______________________________
APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ, City Attorney
By: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
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1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47
FOR

PUMP EFFICIENCY TESTING SERVICES
BID OPENING: March 22, 2021 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5406
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2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

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 DOCUMENT
. Bid Acknowledgement (Signature Form)........................................................................ 7 . Pricing Schedule (Signature Form)...............................................................................8-9 . Exceptions, Clarifications, Amendments (if applicable)................................................. 10 . References....................................................................................................................11-12 . Financial Interest Disclosure (Signature Form) .......................................................13-15 . Support of Local Vendors (if applicable)......................................................................... 16 . Company History Statement ........................................................................................... 17 . Addenda Acknowledgement Page (if applicable) ........................................................... 18

GENERAL REQUIREMENTS
. Bid Submittal.................................................................................................................... 25 . Acceptance/Rejection of Irregular Bids........................................................................... 25 . Complete Bid Document.................................................................................................. 25 . Compliance/Non-Compliance.......................................................................................... 26 . Pricing Format.................................................................................................................. 26 . Pricing Schedule............................................................................................................... 26 . Award of Bid .................................................................................................................... 26 . Term of Agreement .......................................................................................................... 27 . Termination of Services ................................................................................................... 27 . Quantities.......................................................................................................................... 27 . Funding............................................................................................................................. 27 . Other Government/Publicly Funded Agencies................................................................ 28 . Protest and Appeal Procedures....................................................................................30-34 . Payment ............................................................................................................................ 34 . Sample Annual Agreement ........................................................................................35-47 #3..
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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 furnishing of Pump Efficiency Testing Services for the City of Modesto, Utilities Department, Water Services Division.

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

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

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

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2122-47

PUMP EFFICIENCY TESTING SERVICES
BID OPENING DATE: MARCH 22, 2022 AT 11:00 A.M.

MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK

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 #3..
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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 contact 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.

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: CITY's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in the CITY agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by CITY are hereby rejected. CITY agreements signed by the CITY's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of CITY's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the CITY's terms and conditions. #3..
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5 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

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. 2122-47

PUMP EFFICIENCY TESTING SERVICES

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 #3..
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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

Obligations assumed by such signature must be fulfilled.

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.

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 contract 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 contract.

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.

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 document may result in disqualification.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
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8 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

DESCRIPTION ESTIMATED
ANNUAL
QTY.

UNIT OF
ISSUE
UNIT
PRICE

DESCRIPTION QTY UNIT OF
ISSUE

UNIT PRICE
Flow Meter Verification and Calibration 1 Each
Infrared Imaging Survey 1 Each
Company Name (Bidder):
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9 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

Stated pricing is subject to (______ %) cash discount if invoice is paid within ______ days after acceptance of service.

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. 2122-47

PUMP EFFICIENCY TESTING SERVICES

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
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11 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references may be deemed as non-responsive.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
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12 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

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. 2122-47

PUMP EFFICIENCY TESTING SERVICES

FINANCIAL INTEREST DISCLOSURE

FinDisclosure12-19
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14 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

Tests of Materiality:

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)
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. #3..
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15 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

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

Signature / Print:

Signature / Print:
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16 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
Of

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

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

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:
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17 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

The company history statement shall be prepared on company letterhead and provided with the bid submittal. #3..
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18 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

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. 2122-47

PUMP EFFICIENCY TESTING SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The successful CONTRACTOR shall furnish all labor, equipment, fuel, and insurance necessary to perform the work covered by these specifications on an as needed basis.

1.2 TECHNICAL REQUIREMENTS:

1.2.1 PUMP TEST REPORT(S):

Report(s) should include the following:
• Site Location
• Tester
• Date
• Test findings

1.2.2 EQUIPMENT DATA:
• Make/Model
• Serial Number
• Horsepower (HP)

1.2.3 HYDRAULIC DATA:
• Standing Water Level (ft)
• Recovered Water Level (ft)
• Pumping Water Level (ft)
• Draw Down (ft)
• Total Lift (ft)
• Discharge Pressure at Gauge (psi)
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20 1.2.4 FLOW DATA:
• Flow Velocity (ft/sec)
• Measured Flow Rate (gpm)
• Customer Flow Rate (gpm)
• Specific Capacity (gpm/ft draw0
• Acre Feet per 24 HR
• Million Gallons per 24 HR
• Cubic Feet per Second (cfs)

1.3 SITE LOCATIONS:

The following is a list of site locations for the Utility Water Services Division’s wells and tanks:

1.3.1 WELLS
Well # Address System
213 2310 LEHI AVENUE CERES
271 1260 COUNTRY CLUB DRIVE DEL RIO
282 7312 HILLCREST DRIVE DEL RIO
289 7129 BELTIS DRIVE DEL RIO
68 718 LADD ROAD DEL RIO
274 8930 CHARLES STREET GRAYSON
295 8417 YAMAMOTO WAY GRAYSON
J WELL1 7007 JENNINGS ROAD JENNINGS
GALLO 153 SOUTH SANTA ROSA MODESTO
1 72016TH STREET MODESTO
3 1179 8TH STREET MODESTO
6 520 E MORRIS AVENUE MODESTO
7 440 W MORRIS AVENUE MODESTO
10 405 5TH STREET MODESTO
16 1730 ARDMORE AVENUE MODESTO
25 607 WOODROW AVENUE MODESTO
29 701 ZEFF ROAD MODESTO
30 1105 CROWS LANDING ROAD MODESTO
33 2099 PRESCOTT ROAD MODESTO
38 238 E WHITMORE AVENUE MODESTO
39 3500 FOREST GLEN DRIVE MODESTO
40 420 N RIVERSIDE DRIVE MODESTO
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21 41 3427 SAGINAW COURT MODESTO
42 3499 SISK ROAD MODESTO
43 3741 CARVER ROAD MODESTO
45 4029 FARABIUNDO DRIVE MODESTO
46 2290 LINCOLN OAK DRIVE MODESTO
47 3001 DRY CREEK DRIVE MODESTO
48 4417 MCHENRY AVENUE MODESTO
49 2111 CROWS LANDING ROAD MODESTO
50 4000 TULLY ROAD MODESTO
51 4344 DALE ROAD MODESTO
52 3001 BEAR CUB LANE MODESTO
54 3720 ARIA WAY MODESTO
56 1140 GRAPHICS DRIVE MODESTO
57 329 10TH STREET MODESTO
58 3108 TUXFORD LANE MODESTO
59 314 YOSEMITE MEADOWS DRIVE MODESTO
61 4509 DALE ROAS/ KAISER WELL MODESTO
62 FREEDOM PARK (SHARON & FINE) MODESTO
63 MILFRED PERKINS PARK MODESTO
64 MCKINNEY COLONEY MODESTO
65 2400 MERLE AVENUE MODESTO
66 1624 ESTRELLITA COURT MODESTO
67 4016 LITT ROAD MODESTO
71 2505 BRENNER DRIVE MODESTO
72 732 SUTTER AVE (ALLEY) MODESTO
211 904 EDGEBROOK DRIVE MODESTO
212 236 BEARD AVENUE MODESTO
214 924 RICHLAND AVENUE MODESTO
216 830 PECOS AVENUE MODESTO
217 450 BYSTRUM ROAD MODESTO
223 1218 ALAMO AVENUE MODESTO
225 100 SPENKER AVENUE MODESTO
236 700 RACHELLE AVENUE MODESTO
237 1678 SHIRLEY MODESTO
241 2001 COX AVENUE MODESTO
247 BEHIND 4916 BROKLYN COURT (EMPIRE) MODESTO
259 3300 COFFEE ROAD (VILLAGE 1) MODESTO
262 2901 FITZPATRICK AVENUE MODESTO
264 199 ROBIN HOOD DRIVE MODESTO
265 1024 GETTYSBURG AVENUE MODESTO
267 1150 EAST ORANGEBURG AVENUE MODESTO
269 1211 ROSE AVENUE MODESTO
277 501 CODONI AVENUE MODESTO
278 2016 SCENIC DRIVE MODESTO
279 2901 FARRAR AVENUE MODESTO
283 821 MARNI WAY MODESTO
284 1027 MUSICK AVENUE MODESTO
287 320 SCHOOL AVENUE MODESTO
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22 291 3400 YOSEMITE BLVD. MODESTO
292 3300 YOSEMITE BLVD. MODESTO
300 1619 SUNRISE AVENUE MODESTO
301 1229 SOUTH CARPENTER ROAD MODESTO
304 1229 SOUTH CARPTENTER ROAD MODESTO
305 1218 ALAMO AVENUE MODESTO
308 601 SOUTH MCCLURE ROAD MODESTO
312 5130 SOUTH AVENUE MODESTO
256 305 HEDSTROM ROAD N.TURLOCK
255 902 SOUTH MINRET AVENUE S.TURLOCK
275 2301 EVELLE LANE S.TURLOCK
250 4314 FINNEY ROAD SALIDA
288 5400 MAXIMILLIAN DRIVE SALIDA
290 5123 DURLEY DRIVE SALIDA
297 4301 WINCANTON ROAD SALIDA
298 5256 PIRRONE COURT SALIDA
299 5600 PIRRONE ROAD SALIDA
313 4400 ELM STREET SALIDA

1.3.2 TANKS:

TANK # ADDRESS LOCATION
3 701 ZEFF ROAD MODESTO
4 SYLVAN CROSS OF ARIA WAY MODESTO
5 800 (FT) EAST OF OAKDALE ROAD CROSS OF

1.4 CERTIFICATION:

Arc Flash Certification is preferred but not required.

1.5 REQUIRED LICENSES:

The successful bidder shall maintain a CITY of Modesto business license for the duration of the agreement.

1.6 INSURANCE:

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

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

The successful bidder shall maintain proper insurance with the CITY for the duration of the contract. #3..
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24 1.7 CITY REPRESENTATIVE:

1.8 CONTRACTUAL CHANGES:

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

1.9 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the CITY Representative, the CONTRACTOR shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The CONTRACTOR shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The CONTRACTOR shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts 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 reason whatsoever shall not relieve the CONTRACTOR of his/her responsibility for the work or parts and materials as specified on the work request.

1.10 CHARACTER OF WORKERS:

1.11 LABOR FORCE AND SUPERVISION:

1.12 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. #3..
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25 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-47

PUMP EFFICIENCY TESTING SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:

FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

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

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

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

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 Form (Signature Form)
• Support of Local Vendors (if applicable)
• Company History Statement
• Addenda Acknowledgement Page (if applicable)
Failure to furnish any of these documents may result in disqualification. #3..
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26 2.1.3 BID PRESENTATION:

Bid submittals should 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, Bid Acknowledgement and Financial Interest Disclosure Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2122-47, and any addendum to such bid. Failure to comply may result in disqualification.

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:

2.5 PRICING FORMAT:

All labor, equipment, fuel, licenses, permits and insurance necessary to perform the required services shall be included in bid pricing.

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.

2.6 PRICING SCHEDULE:

2.7 AWARD OF BID:

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.

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.

2.9 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.

2.10 TERM OF AGREEMENT:

The term of the agreement shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of the CITY, for a total of up to five (5) years.

A. Pricing shall remain firm for the first two (2) years of any agreement, which may be awarded pursuant to this RFB.

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

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

2.11 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. #3..
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28 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.

2.12 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.13 FUNDING:

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

2.15 NON-DISCRIMINATION:

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

C. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

2.16 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 following and in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in #3..
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29 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.

2.17 DRUG FREE WORKPLACE:

2.18 INDEMNITY:

2.19 ASSIGNMENT OF RIGHTS:

2.20 CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve the bidder of his/her responsibility to furnish the required items and service meeting all specifications contained herein.

2.21 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:

B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.
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30 C. He/She will complete the work for the compensation stated above.

D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.

2.22 FAILURE TO PERFORM SATISFACTORY:

It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in agreement price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of agreement between said CONTRACTOR and the CITY of Modesto. Those discrepancies and deficiencies in the work that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed.

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

2.24 LABOR FORCE AND SUPERVISION:

2.25 PROTEST AND APPEAL PROCEDURES:

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 subcontractor identified by name in any bid or proposal.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
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31 "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.

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.
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32 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.

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

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.

All protests shall either be delivered to:

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

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

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

The 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

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 a #3..
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34 contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.

2.26 PAYMENT:
• Paper Payment Method:

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

2.27 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This Agreement may be modified and subject to change. #3..
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35 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:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-___ authorizing the award of bid and agreement for the PUMP EFFICIENCY TESTING SERVICES 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 PUMP EFFICIENCY TESTING SERVICES as described in RFB 2122-47, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete agreement. b) CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the CITY Representative.
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. #3..
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36 e) CONTRACTOR shall furnish said services at the following agreement rates, not to exceed $_________________ annually.

AGREEMENT PRICING

DESCRIPTION UNIT OF
ISSUE

Each
Flow Meter Verification and Calibration Each
Infrared Imaging Survey Each

3. CITY REPRESENTATIVE:

4. CONTRACTOR CONTACT:

CONTRACTOR: Name, Title, Email, Phone

5. TERM OF AGREEMENT:

The term of the agreement shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of five up to (5) years.

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

Any price adjustment shall be negotiated through the Purchasing Division.

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

6. LIABILITY 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 by registered mail, return receipt requested, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. 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; and/or professional liability.
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38 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.

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 City, its officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it.
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39 7. PAYMENT:

8. INDEMNITY:

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

9. ARBITRATION:

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, without giving effect to its conflicts of laws provisions or principles.
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41 11. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by Risk Management); and
Business License; and
Executed Agreement and all exhibits thereto.

12. TERMINATION OF SERVICES:

Termination by CITYfor Convenience
TheCITYmay also terminate theCONTRACTOR's performance 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 theCITYis prevented fromproceedingwith the agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason. The CITY shall provide no less than ten (10) calendar day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.
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42 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 subcontractor 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 #3..
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43 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 subcontractor 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 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.

14. AGREEMENT DOCUMENTS:

15. NOTICES:

Any notice, payment or instrument required or permitted by this agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: __________________
__________________
__________________
__________________
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45 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 signature (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:

19. HEADINGS NOT CONTROLLING:

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

20. MISCELLANEOUS:

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

21. ENTIRE AGREEMENT:

This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary from CONTRACTOR’s proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous bids, offers and communications relative to this agreement, whether #3..
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46 oral or written, are hereby superseded except to the extent that they have been incorporated into this agreement. No future waiver 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:

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 _________________has caused this agreement to be duly executed. #3..
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47 CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: ____________________________ By: _________________________________ JOSEPH P. LOPEZ, City Manager (Signature)

By: _________________________________
(Name & Title)
ATTEST:

Date: _______________________________
By: ______________________________ By: _________________________________ DANA SANCHEZ, Interim City Clerk (Signature)

By: _________________________________
(SEAL) (Name & Title)

Date: _______________________________
APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ, City Attorney

By: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
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ITEM # ITEM/DESCRIPTION

ESTIMATED
ANNUAL QTY.

UNIT OF
ISSUE
1 Pump Efficiency Test and Cost Savings Analysis which includes sounding the well, measuring water flow (GPM), measuring operating pressure, rating overall efficiencty, and a cost to pump an acre foot.
110 EACH
$300.00 $33,000.00 $195.00 $21,450.00
2 Flow Meter Verification and Calibration 1 EACH $375.00 $375.00 $100.00 $37,500.00 3 Infrared Imaging Survey 1 EACH $300.00 $300.00 No Charge $0.00 TOTAL: $33,000.00 $21,450.00
Low Bidder - Pumping Efficiency Testing Services @ $21,450 ***FOR COSTING PURPOSES ONLY*** ***FOR COSTING PURPOSES ONLY***

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
Modesto, CA
Power Services, Inc.

RFB NO. 2122-47 PUMP EFFICIENCY TESTING SERVICES
Sebastopol, CA
Pumping Efficiency Testing
Services, LLC
3/22/2022
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 6, 2022
Date: May 12, 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: Sole Source Purchase Agreement with APG-Neuros for Procurement of Flow Meters and Parts
CONTACT: Monte Hamilton, Plant Maintenance Superintendent, [email protected], (209) 342-4505
DESCRIPTION:

Consider approving a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and forwarding to Council for approval. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The City uses Neuros high-speed turbo blowers in the tertiary water treatment process. The blowers supply air to both the aeration basin and membrane tanks. Aeration is computercontrolled and most of the parts and components used in the Neuros blower system are proprietary and manufactured by APG-Neuros. These parts include variable frequency drives, programmable logic controller, air flow meters. These parts are designed to operate together with the manufacturer-designed software. All replacement parts are solely available from APGNeuros.

On September 12, 2017, by Resolution 2017-356, Council authorized a two-year agreement with three (3) one-year extension options for the sole source procurement of flow meters and #4..
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Economic Development Committee, June 6, 2022
Sole Source Purchase Agreement with APG-Neuros for Procurement of Flow Meters and Parts

Page 2 of 3 ends

Economic Development CommitteeJune 6, 2022

Economic Development Committee
June 6, 2022