Agenda packet — Economic Development Committee, August 10, 2022 (part 2 of 2)

93662- Pump and Pump Accessories Maintenance and Repair, 96296 – Well Services (Including Oil, Gas, and Water): Drilling, Plugging, Consulting, Maintenance, Repair, Etc. ² Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19. suppression, the necessary movement of storm and sewer flows, and failure could result in significant regulatory fines and penalties.

On April 11, 2017, by Resolution No. 2017-138, Council authorized the award of bid for the furnishing of pump station rejuvenation services to Don Pedro Pump, Hughson, CA, as “Primary” Contractor, and Howk Systems, Modesto, CA, as “Secondary” Contractor, for a two year agreement with three one-year extension options at the sole discretion of the City, for an estimated annual cost of $600,000, and $3,000,000 over five years, and authorizing the City Manager, or his designee, to issue purchase agreements for an estimated annual cost of $600,000.

On December 14, 2021, by Resolution No. 2021-492, Council authorized the extension of termination dates of four purchasing agreements as defined under Attachment A, approving termination dates for the services stated herein; and authorizing the Purchasing Manager, or her designee, to execute amendments to the identified purchase agreements.

The current purchase agreements No. 116516 & 116518 for the furnishing of pump station rejuvenation services are set to expire on October 10, 2022.

DISCUSSION:

The City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for the furnishing of pump station rejuvenation services.

On December 28, 2021, the Purchasing Division issued RFB No. 2021-68 Pump Station Rejuvenation Services on the City’s website under two commodity codes¹. Prospective bidders were notified online and via email of the bid opportunity. Twenty-six companies chose to download the RFB document.

On January 25, 2022, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream². Three companies chose to respond. Based on providing the lowest responsive and responsible bid, staff recommends the award of bid for the furnishing of pump station rejuvenation services to Don Pedro Pump, Hughson, CA, for an estimated annual amount of $350,000, and a total amount not to exceed $1,974,350 over five years.

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 pump station rejuvenation services to Don Pedro Pump, Hughson, CA, conforms to the Modesto Municipal Code, because the City complied with the formal bid procedures and Don Pedro Pump, Hughson, CA, was the lowest responsive and responsible bidder. #6..
- 343 -
Economic Development Committee, August 10, 2022
Agreement for Pump Station Rejuvenation Services

Page 3 of 3 ends

FISCAL IMPACT:

Expenditures over the past five years for pump station rejuvenation services under the previous agreement are listed in the following table:

Fiscal Year Total Cost
FY 16/17 $44,039
FY 17/18 $329,410
FY 18/19 $203,549
FY 19/20 $335,724
FY 20/21 $277,870
TOTAL $1,190,592
The cost for these services will be covered by the Water Fund (4100), Wastewater Fund (4210), and Stormwater Drain Fund (4180) through existing budget, with the first two years at an estimated amount of $350,000 per year and the following three years budgeted for a potential 10% increase in costs. The total amount over five years is projected not to exceed $1,974,350.

Contract Year Projected Expense
Year 1 $350,000
Year 2 $350,000
Year 3 $385,000
Year 4 $423,500
Year 5 $465,850
TOTAL $1,974,350
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
#6..
- 344 -
1 ANNUAL AGREEMENT NO. 220089

FOR PUMP STATION REJUVENATION SERVICES

DON PEDRO PUMP
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 Don Pedro Pump 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 Pump Station Rejuvenation Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible 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 Station Rejuvenation Services as described in RFB 2021-68, 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, bonds 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 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. #6..
- 345 -
2 e) CONTRACTOR shall furnish said services at the following agreement rates, for an estimated annual amount of $425,000 and a total amount not to exceed $2,516,486 over five years.

AGREEMENT PRICING
Personnel
Position Hourly Rate
Supervisor $95.00
Lead Man $95.00
Laborer $95.00
Welder $95.00
Electrician $120.00
Equipment Operator $138.00
Water Well Driller: Pump Installer $95.00
Water Well Driller: Helper $95.00
Equipment
Type Hourly Rate
88,000 LBS Pump Hoist $75.00
60,000 LBS Pump Hoist $75.00
20,000 LBS Pump Hoist $75.00
40 Ton Crane $225.00
18 Ton Crane $75.00
12 Ton Crane $50.00
Backhoe $45.00
Dump Truck $45.00
Trailer $20.00
Service Truck $25.00
Auto Crane Truck $45.00
Compressor $25.00
Welding Truck $25.00
Faithful Performance Bond: $2,994.66/Year
Payment Bond: $2,994.66/Year
The CONTRACTOR may apply a markup of ten-percent (10%) on all parts, components or materials used in the furnishing of services and repairs. The markup shall be applied to the CONTRACTOR’s landed cost, less any earned discounts. The CONTRACTOR shall provide the CITY with a copy of all supplier invoices upon request.

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.

Emergency Response: $0.00/Flat Fee
#6..
- 346 -
3 DIR Project ID#: 415836

3. CITY REPRESENTATIVE:

CITY Representative: Jeremy Parnell, Water Superintendent (209) 342-4599 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: Cooper Rossiter, Vice President, (209) 632-3161, [email protected]

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 up to five (5) years.

Year 1: October 11, 2022 through October 10, 2023
Year 2: October 11, 2023 through October 10, 2024
Year 3: October 11, 2024 through October 10, 2025
Year 4: October 11, 2025 through October 10, 2026
Year 5: October 11, 2026 through October 10, 2027
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (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..
- 347 -
4 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 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 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 as applicable.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 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 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 #6..
- 348 -
5 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, 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.

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.

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

7. BONDS.

CONTRACTOR shall furnish CITY, the following separate surety bonds:
a. Faithful Performance Bond. Within ten (10) days of the execution of this agreement and prior to commencement of work CONTRACTOR shall furnish a separate surety bond in an amount of $99,822, and shall be for the faithful performance of the agreement, shall be approved by CITY, and shall be secured from a surety or sureties satisfactory to CITY.
b. Payment Bond. Within ten (10) days of the execution of this agreement and prior to commencement of work, the CONTRACTOR shall furnish a separate surety bond in an amount of $99,822 as #6..
- 349 -
6 security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.

8. 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, 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 #: 220089
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

9. 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 #6..
- 350 -
7 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.

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

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. #6..
- 351 -
8 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.

12. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the agreement administrator receives and has on file:
a. Proofs of insurance (approved by Risk Management); and b. Executed Agreement and all exhibits; and
c. Bonds; and
d. CITY business license

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.

Termination by CITY for Convenience
The CITY may also terminate the CONTRACTOR's performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when the CITY is prevented from proceeding with the agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason. #6..
- 352 -
9 The CITY shall provide no less than ten (10) calendar day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and sub-contractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such sub-contractors but in no event shall recovery by any CONTRACTOR or sub-contractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the #6..
- 353 -
10 work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR's work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as sub-contractor agreements or 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 from 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 #6..
- 354 -
11 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 sub-contractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

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 2021-68;
d. Exhibit “D” Faithful Performance Bond;
e. Exhibit “E” Payment Bond;
f. Insurance Certificates; and
g. CITY business license
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.
#6..
- 355 -
12 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: Cooper M Rossiter
Don Pedro Pump
1930 S Walnut Rd
Turlock, CA 95380
(209) 632-3161
[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.

17. SIGNATOR(IES) FOR CONTRACTOR:

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

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.

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.
#6..
- 356 -
13 20. HEADINGS NOT CONTROLLING:

Headings used in the 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:

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 Don Pedro Pump Inc. has caused this Agreement to be duly executed. #6..
- 357 -
1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68
FOR

PUMP STATION REJUVENATION SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: January 25, 2022 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5406

EXHIBIT B
#6..
- 358 -
2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

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).............................................................................8-14 . Exceptions, Clarifications, Amendments (if applicable)................................................. 15 . References....................................................................................................................16-17 . Financial Interest Disclosure (Signature Form)........................................................18-20 . Support of Local Vendors (if applicable)......................................................................... 21 . Addenda Acknowledgement Page (if applicable)............................................................ 22 . Company History Statement ........................................................................................... 23 . Warranty Statements ........................................................................................................ 24

TECHNICAL REQUIREMENTS
. Scope of Work.................................................................................................................. 25 . Technical Specifications..............................................................................................25-26 . Job Plans and Work Order...........................................................................................27-28 . Required Insurance......................................................................................................29-30 . Bonds (Faithful Performance and Payment).................................................................... 30 . Required Licenses............................................................................................................. 30

GENERAL REQUIREMENTS
. Bid Submittal.................................................................................................................... 33 . Acceptance/Rejection of Irregular Bids........................................................................... 33 . Complete Bid Document.................................................................................................. 33 . Compliance/Non-Compliance.......................................................................................... 34 . Prevailing Wages.............................................................................................................. 34 . Pricing Format.................................................................................................................. 34 . Pricing Schedule............................................................................................................... 34 . Award of Bid ...............................................................................................................34-35 . Term of Agreement .......................................................................................................... 35 . Termination of Services ................................................................................................... 35 . Quantities.......................................................................................................................... 35 . Funding............................................................................................................................. 36 . Other Government/Publicly Funded Agencies................................................................ 36 . Protest and Appeal Procedures....................................................................................38-41 . Payment ............................................................................................................................ 42 . Sample Annual Agreement ........................................................................................43-56 #6..
- 359 -
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 Pump Station Rejuvenation Services for the City of Modesto, Utilities Department, Water Division and 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, January 25, 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 2021-68

PUMP STATION REJUVENATION SERVICES
BID OPENING DATE: JANUARY 25, 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. #6..
- 360 -
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 December 28, 2021
Written Questions Due January 4, 2022
Addendum Issued (if required) January 11, 2022 (approximate date) Bid Opening PRIOR 11:00 A.M. on Tuesday, January 25, 2022 Bid Award Approximately May 2021
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 sub-contractor 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 contract 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 the 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. #6..
- 361 -
5 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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, January 25, 2022.

The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, January 25, 2022. The public bid opening for RFB 2021-68 Pump Station Rejuvenation 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/meetup
join/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.
#6..
- 362 -
6 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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).............................................................................8-14 . Exceptions, Clarifications, Amendments (if applicable)................................................. 15 . References....................................................................................................................16-17 . Financial Interest Disclosure Form (Signature Form)..............................................18-20 . Support of Local Vendors (if applicable)......................................................................... 21 . Addenda Acknowledgement Page (if applicable) ........................................................... 22 . Company History Statement ........................................................................................... 23 . Warranty Statements ........................................................................................................ 24 #6..
- 363 -
7 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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 may upon request (made when the sample is furnished), be returned at the bidder’s expense.

7. Rights and Remedies of Agencies for Default: (a) In the event any item furnished by the bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the bidder with its bid, the CITY may reject the same, and it shall thereupon become the duty of the bidder to reclaim and remove the same forthwith, without expense to the CITY, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the bidder fail, neglect or refuse so to do the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the 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:
#6..
- 364 -
8 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION SERVICES

PRICING SCHEDULE
Bidders are asked to price the sample job based on a set of job site plans furnished on page(s) 11-12.

All labor, materials, equipment, tools, fuel, licenses, bonds 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 15.

A timeline of five (5) business days from job assignment request is the deadline to come out and pull the well and assess repairs needed. Emergency Response time is within 24 hours of phone call to pull well.

All parts, materials and supplies used shall be of new condition.

For costing purposes only.

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
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. ** The stated price(s) below for the Faithful Performance Bond and Payment Bond shall be priced as a yearly amount paid by CONTRACTOR.

Faithful Performance Bond: $__________ /Year
Payment Bond: $__________ /Year
Company Name (Bidder):

Emergency Response: $_________________________/Flat Fee (if applicable) #6..
- 365 -
9 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION SERVICES

PRICING SCHEDULE
Description Qty Unit Unit Price Extended Price
Video Camera Well and Provide a DVD to the
City of Modesto of well casing inside. Provide
well log including (1) well sizes, (2) depth, and
(3) condition. Remove and Reinstall Deep Well
Turbine Pump.
(Pump column shall be 10" diameter, depth 200')
1 Job $________________/Jb $_____________________
Concrete pedestal column base, head and bolts
for pump head.
1 Lot $________________/Lt $_____________________
SAF600 Amiad Filters w/epoxy bodies 2 Each $________________/Ea $_____________________ 200 Micron SS Screen 2 Each $________________/Ea $_____________________ Type D 3 Station Controller 1 Each $________________/Ea $_____________________ Endress Hauser – Promag 10” 1 Each $________________/Ea $_____________________ 8" Gear Op Butterfly Valve 4 Each $________________/Ea $_____________________ 10" Gear Op Butterfly Valve 1 Each $________________/Ea $_____________________ 10" x 10" x 8" Tee 4 Each $________________/Ea $_____________________ 10" Tee 2 Each $________________/Ea $_____________________ 2" Galv. Flush Line 1 Each $________________/Ea $_____________________ 10" Check Valve 1 Each $________________/Ea $_____________________ 10" 90° 1 Each $________________/Ea $_____________________ 12" x 10" Reducer 1 Each $________________/Ea $_____________________ 12" Gate Valve 1 Each $________________/Ea $_____________________ 8" Gate Valve 1 Each $________________/Ea $_____________________ 12" 45° 1 Each $________________/Ea $_____________________ 12" Welding Flange 1 Each $________________/Ea $_____________________ 12" x 12" x 8" Tee 1 Each $________________/Ea $_____________________ 12" Spool – 16" 1 Each $________________/Ea $_____________________ 10" Spool – 6' 4" 1 Each $________________/Ea $_____________________ 10" Spool – 3' 2 Each $________________/Ea $_____________________ Pipe Stands 7 Each $________________/Ea $_____________________ 10" Blind Flange 2 Each $________________/Ea $_____________________ 8" Blind Flange 1 Each $________________/Ea $_____________________ Misc. Electrical 1 Lot $________________/Lt $_____________________ Misc. Material 1 Lot $________________/Lt $_____________________ Supervisor 50 Hour $________________/Hr $_____________________ Lead Person 50 Hour $________________/Hr $_____________________ Welder 10 Hour $________________/Hr $_____________________ Electrician 40 Hour $________________/Hr $_____________________ Equipment Operator 20 Hour $________________/Hr $_____________________ Laborer 110 Hour $________________/Hr $_____________________ Crane Truck 20 Hour $________________/Hr $_____________________ Welding Truck 20 Hour $________________/Hr $_____________________ Service Truck 160 Hour $________________/Hr $_____________________ Concrete Work (8 sack mix) 1 Job $_______________/Job $_____________________ Pump Vibration Testing 1 Job $_______________/Job $_____________________ Total: $________________/Total
Company Name (Bidder):
#6..
- 366 -
10 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION SERVICES

PRICING SCHEDULE - SAMPLE JOB SITE PLANS
The Pricing Schedule depicts a representative sample of a pump rejuvenation job. Bidders shall submit pricing based on the sample job using the following set of job site plans. #6..
- 367 -
11 #6..
- 368 -
12 #6..
- 369 -
13 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION SERVICES

PRICING SCHEDULE
List all company personnel positions and service equipment type including hourly rates, used to provide services described in this RFB.

Personnel
Position Hourly Rate
Equipment
Type Hourly Rate
Company Name (Bidder):
#6..
- 370 -
14 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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 FOR THIS PROJECT.

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 1.13 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:
#6..
- 371 -
15 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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):
#6..
- 372 -
16 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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 $
#6..
- 373 -
17 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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):
#6..
- 374 -
18 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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
#6..
- 375 -
19 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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 20.

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 20)
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. #6..
- 376 -
20 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION SERVICES

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

Signature / Print:

Signature / Print:
#6..
- 377 -
21 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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:
#6..
- 378 -
22 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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):
#6..
- 379 -
23 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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 services outlined in this bid.

The company history statement shall be prepared on company letterhead and provided with the bid submittal. #6..
- 380 -
24 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION SERVICES

WARRANTY STATEMENTS
Bidder shall attach to his/her bid a written statement detailing the product and workmanship warranty, term and conditions as defined in the RFB.

Materials and workmanship warranty shall be prepared on company letterhead and provided with the bid submittal.

Notwithstanding any other provisions of this bid, bidder warrants that the materials, supplies, or other services furnished shall be on the most suitable grade and exactly as specified in this bid. Such warranty shall include the following; performance, workmanship, labor, materials, and bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this bid, bidder shall correct at their expense, such defects as are reported within thirty (30) days of final acceptance.

All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto. #6..
- 381 -
25 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto owns and operates 90 water well sites, which have a producing capacity of 118 million gallons per day of water. This water system services approximately 76,000 customer locations or 280,000 people.

The CITY owns and operates 66 storm and sewer lift stations pumping average dry weather flows of 27 million gallons per day and over 100 million gallons per day during peak wet weather flows. This system conveys sewage to the wastewater treatment plant on Sutter Avenue, Modesto, CA. Storm water is pumped to Dry Creek, Tuolumne River, and MID and TID canals.

The CITY also owns and operates a wastewater treatment plant, providing primary, secondary and tertiary treatment as well as direct land discharge during canning season (July – September). The treatment plant is separated into two (2) locations. The Sutter treatment plant (primary) provides pumping, screening, solids removal, grit removal, clarification, sludge digestion, seepage receiving, and solids drying and handling. The Jennings treatment plant (secondary) provides further biological treatment through bioreactors, facultative ponds, recirculation channels, filtration through membrane bioreactors, UV disinfection facilities, chlorination/de-chlorination facilities, many pumping facilities and pipelines, and water wells.

The Utilities Department, Water Services Division, maintains the water well sites and the Utilities Department, Wastewater Division, maintains the sewer and storm lift stations, as well as wastewater treatment plant processes, keeping the integrity of the pump stations, lift stations and treatment plants at a high level in order to better service the CITY’s customers.

1.2 TECHNICAL SPECIFICATIONS:

The CONTRACTOR shall remove the old well pump and install a new deep well turbine pump, column, base and motor, and repair and replace parts as directed by the CITY Representative. With the removal of the pump, the CONTRACTOR shall be responsible for installing a plate or materials over the existing well in order to prevent access into the well. When installing the new pump, the CONTRACTOR shall be responsible for setting the motor and wiring, verifying the rotation of the motor, and setting the pump bowls as directed by the CITY Representative. When pump stations are serviced, repaired, demolished or abandoned, the CONTRACTOR must adhere to Department of Water Resources (DWR) Standards.

1.3 ADDITIONAL SPECIFICATIONS:

The CONTRACTOR shall be responsible for all of the work related to construction or reconstruction of the well/lift station site, including but not limited to:

A. Video Camera Well and Provide a DVD to the City of Modesto of well casing inside. Provide well log including (1) well sizes, (2) depth, and (3) condition.

B. Removal and installation of booster pump
C. Reinstallation of T’s and check valves
D. Installation of flow meters, sand separators, electrical panels, and conduit #6..
- 382 -
26 E. Installation of electrical, wire and repair as necessary F. Instrumentation as necessary
G. Placement of cement and asphalt per plans
H. Run water services
I. Installation of irrigation systems, hatch covers, piping and pumps J. Cement saw cutting and removal
K. Repair all pumps as necessary
L. Installation of polyurethane line of concrete structures M. Perform bypass pumping
N. Installation of wet-well and dry-well coatings
O. Installation of ventilation blower systems

1.4 PUMP VIBRATION TESTING REQUIREMENTS:

Field Vibration Acceptance Testing for all pumps shall be required and performed in accordance with ANSI/HI

9.6.4-2009: American National Standard for Rotodynamic Pumps for Vibration Measurements and Allowable Values, published by the Hydraulic Institute. Vibration levels for rehabilitated or new pumps shall not exceed the maximum allowable vibration levels for the subject pump type as indicated in ANSI/HI 9.6.4-2009. The CONTRACTOR shall be required to take corrective action to reduce vibration levels should test results exceed maximum allowable values, as approved by the Engineer. Upon completion of the vibration acceptance testing, a detailed test report shall be prepared by the CONTRACTOR and submitted to the Engineer for review and approval. The test report shall include, at a minimum, all of the information shown in the sample test report indicated in Appendix A of ANSI/HI 9.6.4-2009. Plotted graphs of the overall displacement in inches and overall velocity in inches per second root mean square (RMS) shall also be provided. In addition, the test report shall include a description of potential causes and suggested corrective actions for test results that exceed maximum allowable values. The Engineer shall approve of all corrective actions prior to implementation. For new pump installations, a factory vibration test shall be performed, and a copy of those test results shall be submitted along with the Field Vibration Acceptance Test.

1.5 GENERAL REQUIREMENTS:

A. The CONTRACTOR shall have a licensed electrical CONTRACTOR perform all electrical tasks required for the completion of the job. The electrical CONTRACTOR shall be required to sign off on the original plans and note any changes at the completion of the job.

B. The CONTRACTOR shall have a pipe welder knowledgeable in water pipeline fabrication and installation perform all of the welding tasks required for the completion of the job.

C. Crane operators shall be certified operators.

1.6 BARRICADES:

The CONTRACTOR shall provide and place barricades (6’ minimum chain-link fencing at a minimum) and/or safety ribbon as necessary to restrict access to the work areas. The CONTRACTOR shall be responsible for #6..
- 383 -
27 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.

1.7 CLEAN-UP:

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 materials and debris in a proper manner. The work site shall be left clean and neat.

1.8 BILLABLE TIME AND WORK SCHEDULE:

A. In order for the CITY to track billable time for a specific job the CONTRACTOR employees and subCONTRACTOR’s shall sign-in and record their daily starting and ending time on a log sheet provided by the CITY’s site representative. The log sheet will reference the work order number, site name, employee/ sub-contractor name and duty position. The log sheet shall consist of a two-part form, the first sheet is the CONTRACTOR’s copy used for billing purposes and the second sheet is the CITY’s copy used to verify the CONTRACTOR’s billable time.

B. All work shall be performed Monday through Friday during normal business hours, excluding all major holidays. CITY staff shall be present while contract work is performed.

1.9 OPERATION EQUIPMENT:

Operation equipment shall be billed based on the equipment run time hours only. Idle hours shall not be paid.

The CONTRACTOR shall furnish the starting and ending run time hours for each piece of operation equipment used in performing the specific job on a log sheet provided by the CITY’s site representative. The log sheet shall reference the work order number, site name, and equipment type and equipment number. The log sheet shall consist of a two-part form, the first sheet is the CONTRACTOR’s copy used for billing purposes and the second sheet is the CITY’s copy used to verify the CONTRACTOR’s billable time.

1.10 JOB PLANS AND WORK ORDER:

The City of Modesto and the CONTRACTOR shall meet at the proposed well/lift station site at an agreed upon time where a set of job plans will be presented to the CONTRACTOR, creating the work order. The CONTRACTOR shall deliver a written estimate for the job in person, or by email, to the CITY Representative, within five (5) working days of the initial meeting. Pricing for labor and equipment will be held firm, and materials will be at cost plus 10%.

The work order shall list the name and address of the site and itemize all labor, parts, materials, supplies, equipment necessary in performing the job. The CITY and the CONTRACTOR shall sign the work order before any work begins.

All work orders shall include the start date and completion date of the job. A timeline of five (5) business days from job assignment request is the deadline to come out and pull the well and assess repairs needed.

Emergency Response time is within 24 hours of phone call to pull well. The CITY Representative shall approve any date change in writing. No changes shall be made to any plans or drawings without CITY approval. All callbacks to repair or replace faulty equipment shall be at no cost to the CITY. At the completion of each job, the CONTRACTOR shall be required to sign-off on the original set of plans and note any plan changes at the time of invoice. The CITY may elect to provide the parts for the job with installation done by the CONTRACTOR. When the CONTRACTOR is required to provide the part(s) the CITY shall be contacted and approve any purchase over $1,000.00. An example of a work order is on the following page. #6..
- 384 -
28 Work Order No.

Site Name: Well No. _________________________ Site Address: ________________, Modesto, CA Start Date: _________________________________ Completion Date: ________________________ Item Description Qty Unit Unit Price Extended Price
Video Camera well casing inside well and provide
well log including (1) well sizes, (2) depth, and (3)
condition.

Remove and Reinstall Deep Well Turbine Pump
(Pump column shall be 10" diameter, depth 200')
1 Job $____________/Jb $______________
Concrete pedestal column base, head and bolts for
pump head. 1 Lot $____________/Lt $______________
SAF600 Amiad Filters w/epoxy bodies 2 Each $____________/Ea $______________ 200 Micron SS Screen 2 Each $____________/Ea $______________ Type D 3 Station Controller 1 Each $____________/Ea $______________ Endress Hauser – Promag 10” 1 Each $____________/Ea $______________ 8" Gear Op Butterfly Valve 4 Each $____________/Ea $______________ 10" Gear Op Butterfly Valve 1 Each $____________/Ea $______________ 10" x 10" x 8" Tee 4 Each $____________/Ea $______________ 10" Tee 2 Each $____________/Ea $______________
2" Galv. Flush Line 1 Each $____________/Ea $______________ 10" Check Valve 1 Each $____________/Ea $______________ 10" 90° 1 Each $____________/Ea $______________
12" x 10" Reducer 1 Each $____________/Ea $______________ 12" Gate Valve 1 Each $____________/Ea $______________
8" Gate Valve 1 Each $____________/Ea $______________
12" 45° 1 Each $____________/Ea $______________
12" Welding Flange 1 Each $____________/Ea $______________ 12" x 12" x 8" Tee 1 Each $____________/Ea $______________ 12" Spool – 16" 1 Each $____________/Ea $______________ 10" Spool – 6' 4" 1 Each $____________/Ea $______________ 10" Spool – 3' 2 Each $____________/Ea $______________
Pipe Stands 7 Each $____________/Ea $______________
10" Blind Flange 2 Each $____________/Ea $______________ 8" Blind Flange 1 Each $____________/Ea $______________ Misc. Electrical 1 Lot $____________/Lt $______________ Misc. Material 1 Lot $____________/Lt $______________
Supervisor 50 Hour $____________/Hr $______________
Lead Person 50 Hour $____________/Hr $______________
Welder 10 Hour $____________/Hr $______________
Electrician 40 Hour $____________/Hr $______________
Equipment Operator 20 Hour $____________/Hr $______________ Laborer 110 Hour $____________/Hr $______________
Crane Truck 20 Hour $____________/Hr $______________
Welding Truck 20 Hour $____________/Hr $______________
Service Truck 160 Hour $____________/Hr $______________ Concrete Work (8 sack mix) 1 Job $____________/Jb $______________ Pump Vibration Testing 1 Job $____________/Jb $______________ Sales Tax 1 Lot $____________/Lt $______________
Total (Including Sales Tax) $______________
City Signature and Date:

Contractor Signature and Date:
#6..
- 385 -
29 1.11 INSURANCE:

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 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 as applicable.

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

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

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

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. #6..
- 386 -
30 CONTRACTOR shall either require any sub-contractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of sub-contractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.

1.12 BONDS:

The CONTRACTOR shall furnish to the CITY, within ten (10) days of the execution of the agreement and prior to commencement of work, the following separate surety bonds:

1.12.1 FAITHFUL PERFORMANCE BOND:

Said bond shall be in an amount equal to one hundred percent (100%) of the agreement price, shall be for the faithful performance of the contract, shall be approved by CITY, and shall be secured from a surety or sureties satisfactory to CITY.

1.12.2 PAYMENT BOND:

The CONTRACTOR shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.

1.13 CITY BUSINESS/CONTRACTOR’S LICENSE:

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 CONTRACTOR license number and expiration date on the Pricing Schedule.

1.14 WARRANTY:

Bidder shall attach to his/her bid proposal a written statement detailing the materials and workmanship warranty, terms and conditions.

The warranty statement shall be prepared on company letterhead and provided with the bid submittal.

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.
#6..
- 387 -
31 All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

1.15 CITY REPRESENTATIVE:

Work under any resulting agreement shall be performed under the general technical guidance and direction of the CITY’s 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.

1.16 CONTRACTUAL CHANGES:

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

1.17 CONTRACTOR MARKUP:

The CONTRACTOR may apply a markup of ten-percent (10%) on all parts, components or materials used in the furnishing of services and repairs. The markup shall be applied to the CONTRACTOR’s landed cost, plus sales tax on the landed cost less any earned discounts. The CONTRACTOR shall provide the CITY with a copy of all supplier invoices upon request.

1.18 PARTS AND MATERIALS APPROVAL:

The CITY Representative shall have the opportunity, at his/her discretion, to approve all parts and materials required for the job prior to their delivery at the work site.

All parts and materials not conforming to the requirements of the specifications shall be considered defective and all such parts and materials, whether in place or not, shall be rejected and removed immediately from the work site by the CONTRACTOR, unless otherwise permitted or directed by the CITY Representative. Upon failure of the CONTRACTOR to comply with any order from the CITY Representative, the CITY Representative shall have the authority to remove and replace the defective parts and materials, and deduct the cost from any monies due, or to become due to the CONTRACTOR.

1.19 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 cause 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.
#6..
- 388 -
32 1.20 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.

1.21 ADDITIONAL AND EMERGENCY PROTECTION:

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

1.22 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.

1.23 DELAY BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, officials, agents, employees, or volunteers, 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.
#6..
- 389 -
33 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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 Statements
Failure to furnish any of these documents may result in disqualification. #6..
- 390 -
34 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. 2021-68, 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, material, equipment, tools, fuel, licenses, bonds 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 15.

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

The CITY reserves the right to select that bid, which best suits the CITY’s needs. Regardless of CITY staff’s recommendation, the City Council reserves the right to award an agreement to the bidder that best suits the #6..
- 391 -
35 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.

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

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

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

2.12 QUANTITIES:

No minimum or maximum is guaranteed or implied.
#6..
- 392 -
36 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 contract/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 sub-contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and sub-contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, 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 sub-contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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

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.

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 a #6..
- 393 -
37 contract/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 thirdparty 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:

The CONTRACTOR offers and agrees, and will require all sub-contractors 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 contract or any subcontract. The assignment made by the CONTRACTOR and all assignments made by sub-contractors and suppliers shall be made and become effective at the time the CITY tender’s final payment to the 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.

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. #6..
- 394 -
38 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 contract 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 contract between said the 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, CONTRACTOR’s, and sub-contractors wishing to protest or appeal procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

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

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

A. PROTEST PROCEDURES

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

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

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. #6..
- 395 -
39 4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

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

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

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

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

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

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

All protest appeals shall either be delivered to:
#6..
- 396 -
40 City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

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

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

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

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

All protests shall either be delivered to:

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

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

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal. #6..
- 397 -
41 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. #6..
- 398 -
42 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, subject to cash discounts allowed and stated in this bid document.
• Electronic Payment Method:

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

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

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

2.26 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This agreement may be modified and subject to change. #6..
- 399 -
43 SAMPLE ANNUAL AGREEMENT

CONTRACTOR NAME

FOR PUMP STATION REJUVENATION SERVICES
This agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and CONTRACTOR, hereinafter called CONTRACTOR, W I T N E S S E T H:

1. SCOPE OF WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds 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 workmanlike manner under the direction of and to the satisfaction of the CITY Representative (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. #6..
- 400 -
44 e) CONTRACTOR shall furnish said services at the following agreement rates, for an estimated annual amount of $XXX,XXX and a total amount not to exceed $XXX,XXX over five years.

AGREEMENT PRICING
Personnel
Position Hourly Rate
Equipment
Type Hourly Rate
Faithful Performance Bond: $_______________________________________________/Year Payment Bond: $_________________________________________________________/Year The CONTRACTOR may apply a markup of ten-percent (10%) on all parts, components or materials used in the furnishing of services and repairs. The markup shall be applied to the CONTRACTOR’s landed Emergency Response: $____________________________________________________/Flat Fee #6..
- 401 -
45 cost, plus sales tax on the landed cost less any earned discounts. The CONTRACTOR shall provide the CITY with a copy of all supplier invoices upon request.

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 REPRESENTATIVE:

4. CONTRACTOR CONTACT:

CONTRACTOR NAME: TITLE, PHONE, EMAIL

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 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. #6..
- 402 -
46 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. 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. 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 sub-contractors; products and completed operations as applicable.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 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 #6..
- 403 -
47 new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

7. BONDS.

CONTRACTOR shall furnish CITY, within ten (10) days of the execution of this agreement and prior to commencement of work, the following separate surety bonds:
#6..
- 404 -
48 a. Faithful Performance Bond. Said bond shall be in an amount equal to one hundred percent (100%) of the agreement price, shall be for the faithful performance of the agreement, shall be approved by CITY, and shall be secured from a surety or sureties satisfactory to CITY. b. Payment Bond. CONTRACTOR shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.

8. 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
• Unit price, extended price, sales tax and total
#6..
- 405 -
49 9. 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.

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

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 #6..
- 406 -
50 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:

12. COMMENCEMENT AND COMPLETION OF THE WORK:

13. TERMINATION OF SERVICES:

Termination by CITYfor Convenience
The CITY may also terminate the CONTRACTOR's performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when theCITYis prevented fromproceedingwith the agreement by act of God, by law, or by official action #6..
- 407 -
51 of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason.

The CITY shall provide no lessthan ten (10) calendar day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and sub-contractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such sub-contractors but in no event shall recovery by any CONTRACTOR or sub-contractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; #6..
- 408 -
52 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.

The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days from #6..
- 409 -
53 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.

14. COMPLIANCE WITH ALL LAWS:

15. AGREEMENT DOCUMENTS:

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

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.

19. WAIVER:

20. HEADINGS NOT CONTROLLING:

Headings used in the agreement are for reference purposes only and shall not be considered in construing this agreement.
#6..
- 411 -
55 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.

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.
#6..
- 412 -
56 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 _____________________ has caused this Agreement to be duly executed.

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

By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: ________________________________ By: _________________________________ DANA 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
#6..
- 413 -

EXHIBIT C
#6..
- 414 -
#6..
- 415 -
#6..
- 416 -
#6..
- 417 -
#6..
- 418 -
#6..
- 419 -
#6..
- 420 -
#6..
- 421 -
#6..
- 422 -
#6..
- 423 -
#6..
- 424 -
#6..
- 425 -
#6..
- 426 -
#6..
- 427 -
#6..
- 428 -
#6..
- 429 -
#6..
- 430 -
#6..
- 431 -
#6..
- 432 -
#6..
- 433 -
#6..
- 434 -
#6..
- 435 -
#6..
- 436 -
#6..
- 437 -
#6..
- 438 -
#6..
- 439 -
#6..
- 440 -
#6..
- 441 -
#6..
- 442 -
#6..
- 443 -
#6..
- 444 -
25 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

1.2 TECHNICAL SPECIFICATIONS:

1.3 ADDITIONAL SPECIFICATIONS:

The CONTRACTOR shall be responsible for all of the work related to construction or reconstruction of the well/lift station site, including but not limited to:

A. Video Camera Well and Provide a DVD to the City of Modesto of well casing inside. Provide well log including (1) well sizes, (2) depth, and (3) condition.

B. Removal and installation of booster pump
C. Reinstallation of T’s and check valves
D. Installation of flow meters, sand separators, electrical panels, and conduit #6..
- 445 -
26 E. Installation of electrical, wire and repair as necessary F. Instrumentation as necessary
G. Placement of cement and asphalt per plans
H. Run water services
I. Installation of irrigation systems, hatch covers, piping and pumps J. Cement saw cutting and removal
K. Repair all pumps as necessary
L. Installation of polyurethane line of concrete structures M. Perform bypass pumping
N. Installation of wet-well and dry-well coatings
O. Installation of ventilation blower systems

1.4 PUMP VIBRATION TESTING REQUIREMENTS:

Field Vibration Acceptance Testing for all pumps shall be required and performed in accordance with ANSI/HI

1.5 GENERAL REQUIREMENTS:

B. The CONTRACTOR shall have a pipe welder knowledgeable in water pipeline fabrication and installation perform all of the welding tasks required for the completion of the job.

C. Crane operators shall be certified operators.

1.6 BARRICADES:

The CONTRACTOR shall provide and place barricades (6’ minimum chain-link fencing at a minimum) and/or safety ribbon as necessary to restrict access to the work areas. The CONTRACTOR shall be responsible for #6..
- 446 -
27 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.

1.7 CLEAN-UP:

1.8 BILLABLE TIME AND WORK SCHEDULE:

B. All work shall be performed Monday through Friday during normal business hours, excluding all major holidays. CITY staff shall be present while contract work is performed.

1.9 OPERATION EQUIPMENT:

Operation equipment shall be billed based on the equipment run time hours only. Idle hours shall not be paid.

1.10 JOB PLANS AND WORK ORDER:

Contractor Signature and Date:
#6..
- 448 -
29 1.11 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 Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and 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 Entity, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. #6..
- 449 -
30 CONTRACTOR shall either require any sub-contractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of sub-contractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.

1.12 BONDS:

The CONTRACTOR shall furnish to the CITY, within ten (10) days of the execution of the agreement and prior to commencement of work, the following separate surety bonds:

1.12.1 FAITHFUL PERFORMANCE BOND:

1.12.2 PAYMENT BOND:

1.13 CITY BUSINESS/CONTRACTOR’S LICENSE:

1.14 WARRANTY:

Bidder shall attach to his/her bid proposal a written statement detailing the materials and workmanship warranty, terms and conditions.

The warranty statement shall be prepared on company letterhead and provided with the bid submittal.

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.
#6..
- 450 -
31 All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

1.15 CITY REPRESENTATIVE:

1.16 CONTRACTUAL CHANGES:

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

1.17 CONTRACTOR MARKUP:

1.18 PARTS AND MATERIALS APPROVAL:

The CITY Representative shall have the opportunity, at his/her discretion, to approve all parts and materials required for the job prior to their delivery at the work site.

1.19 CONTRACTOR’S RESPONSIBILITY FOR WORK:

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

1.21 ADDITIONAL AND EMERGENCY PROTECTION:

1.22 DISPOSAL OF MATERIALS:

1.23 DELAY BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, officials, agents, employees, or volunteers, 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.
#6..
- 452 -
33 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

PUMP STATION REJUVENATION 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:

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

2.2 COMPLIANCE:

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:

2.4 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, material, equipment, tools, fuel, licenses, bonds 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.

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 #6..
- 454 -
35 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.

2.9 SUPPORT OF LOCAL VENDORS:

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.

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.
#6..
- 455 -
36 2.13 FUNDING:

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

2.15 NON-DISCRIMINATION:

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

C. 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:

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 a #6..
- 456 -
37 contract/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:

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.

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.

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

2.24 PROTEST AND APPEAL PROCEDURES:

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. #6..
- 458 -
39 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)

All protest appeals shall either be delivered to:
#6..
- 459 -
40 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:

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. #6..
- 460 -
41 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

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. #6..
- 462 -
43 SAMPLE ANNUAL AGREEMENT

CONTRACTOR NAME

1. SCOPE OF WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds 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 workmanlike manner under the direction of and to the satisfaction of the CITY Representative (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. #6..
- 463 -
44 e) CONTRACTOR shall furnish said services at the following agreement rates, for an estimated annual amount of $XXX,XXX and a total amount not to exceed $XXX,XXX over five years.

AGREEMENT PRICING
Personnel
Position Hourly Rate
Equipment
Type Hourly Rate
Faithful Performance Bond: $_______________________________________________/Year Payment Bond: $_________________________________________________________/Year The CONTRACTOR may apply a markup of ten-percent (10%) on all parts, components or materials used in the furnishing of services and repairs. The markup shall be applied to the CONTRACTOR’s landed Emergency Response: $____________________________________________________/Flat Fee #6..
- 464 -
45 cost, plus sales tax on the landed cost less any earned discounts. The CONTRACTOR shall provide the CITY with a copy of all supplier invoices upon request.

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 REPRESENTATIVE:

4. CONTRACTOR CONTACT:

CONTRACTOR NAME: TITLE, PHONE, EMAIL

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 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. #6..
- 465 -
46 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. 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. 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 sub-contractors; products and completed operations as applicable.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 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 #6..
- 466 -
47 new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

7. BONDS.

CONTRACTOR shall furnish CITY, within ten (10) days of the execution of this agreement and prior to commencement of work, the following separate surety bonds:
#6..
- 467 -
48 a. Faithful Performance Bond. Said bond shall be in an amount equal to one hundred percent (100%) of the agreement price, shall be for the faithful performance of the agreement, shall be approved by CITY, and shall be secured from a surety or sureties satisfactory to CITY. b. Payment Bond. CONTRACTOR shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.

8. PAYMENT:

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.

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

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 #6..
- 469 -
50 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:

12. COMMENCEMENT AND COMPLETION OF THE WORK:

13. TERMINATION OF SERVICES:

Termination by CITYfor Convenience
The CITY may also terminate the CONTRACTOR's performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when theCITYis prevented fromproceedingwith the agreement by act of God, by law, or by official action #6..
- 470 -
51 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.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and sub-contractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such sub-contractors but in no event shall recovery by any CONTRACTOR or sub-contractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; #6..
- 471 -
52 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.

The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days from #6..
- 472 -
53 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.

14. COMPLIANCE WITH ALL LAWS:

15. AGREEMENT DOCUMENTS:

17. SIGNATOR(IES) FOR CONTRACTOR:

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

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.

19. WAIVER:

20. HEADINGS NOT CONTROLLING:

Headings used in the agreement are for reference purposes only and shall not be considered in construing this agreement.
#6..
- 474 -
55 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.

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.
#6..
- 475 -
56 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 _____________________ has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: ________________________________ By: _________________________________ JOSEPH P. LOPEZ, City Manager (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
#6..
- 476 -
#6..
- 477 -
#6..
- 478 -
QTY

UNIT OF
ISSUE
1 JOB
$1,000.00 $1,000.00 $2,500.00 $2,500.00 $3,200.00 $3,200.00 1 LOT $8,000.00 $8,000.00 $2,200.00 $2,200.00 $3,250.00 $3,250.00 2 EA $14,505.50 $29,011.00 $10,670.00 $21,340.00 $14,606.00 $29,212.00 2 EA $2,409.00 $4,818.00 $3,500.00 $7,000.00 $2,409.00 $4,818.00 1 EA $6,678.00 $6,678.00 $4,900.00 $4,900.00 $6,678.00 $6,678.00 1 EA $11,418.00 $11,418.00 $8,200.00 $8,200.00 $3,898.00 $3,898.00 4 EA $358.00 $1,432.00 $280.00 $1,120.00 $1,673.00 $6,692.00 1 EA $545.00 $545.00 $360.00 $360.00 $2,307.00 $2,307.00 4 EA $843.00 $3,372.00 $720.00 $2,880.00 $789.00 $3,156.00 2 EA $979.00 $1,958.00 $835.00 $1,670.00 $917.00 $1,834.00 1 EA $224.00 $224.00 $60.00 $60.00 $200.00 $200.00
1 EA $2,221.00 $2,221.00 $630.00 $630.00 $2,671.00 $2,671.00 1 EA $685.00 $685.00 $585.00 $585.00 $642.00 $642.00
1 EA $724.00 $724.00 $620.00 $620.00 $678.00 $678.00
1 EA $2,913.00 $2,913.00 $2,505.00 $2,505.00 $2,987.00 $2,987.00 1 EA $1,169.00 $1,169.00 $1,305.00 $1,305.00 $1,519.00 $1,519.00 1 EA $755.00 $755.00 $645.00 $645.00 $706.00 $706.00
1 EA $149.00 $149.00 $125.00 $125.00 $199.00 $199.00
1 EA $1,184.00 $1,184.00 $1,010.00 $1,010.00 $1,107.00 $1,107.00 1 EA $1,259.00 $1,259.00 $835.00 $835.00 $1,020.00 $1,020.00 1 EA $1,825.00 $1,825.00 $1,212.00 $1,212.00 $870.00 $870.00 2 EA $1,213.00 $2,426.00 $805.00 $1,610.00 $1,267.00 $2,534.00 7 EA $1,000.00 $7,000.00 $55.00 $385.00 $164.00 $1,148.00 2 EA $142.00 $284.00 $250.00 $500.00 $282.00 $564.00
1 EA $79.00 $79.00 $165.00 $165.00 $189.00 $189.00
1 LOT $500.00 $500.00 $200.00 $200.00 $500.00 $500.00
1 LOT $500.00 $500.00 $200.00 $200.00 $500.00 $500.00
50 HOUR $95.00 $4,750.00 $95.00 $4,750.00 $140.00 $7,000.00 50 HOUR $90.00 $4,500.00 $95.00 $4,750.00 $140.00 $7,000.00 10 HOUR $100.00 $1,000.00 $95.00 $950.00 $120.00 $1,200.00 40 HOUR $95.00 $3,800.00 $120.00 $4,800.00 $140.00 $5,600.00 20 HOUR $80.00 $1,600.00 $138.00 $2,760.00 $170.00 $3,400.00 110 HOUR $75.00 $8,250.00 $95.00 $10,450.00 $120.00 $13,200.00 20 HOUR $125.00 $2,500.00 $50.00 $1,000.00 $75.00 $1,500.00 20 HOUR $100.00 $2,000.00 $25.00 $500.00 $30.00 $600.00 160 HOUR $75.00 $12,000.00 $25.00 $4,000.00 $25.00 $4,000.00 1 JOB $5,000.00 $5,000.00 $450.00 $450.00 $2,000.00 $2,000.00 1 JOB $1,000.00 $1,000.00 $650.00 $650.00 $750.00 $750.00 TOTAL: $138,529.00 $99,822.00 $129,329.00
Emergency Response: 1 Flat Fee $1,500.00 Flat Fee $0.00 Flat Fee $1,000.00 Faithful Performance Bond: 1 Year $6,000.00 Year $2,994.66 Year $1,000.00 Payment Bond: 1 Year $6,000.00 Year $2,994.66 Year $1,000.00

POSITION HOURLY RATE POSITION HOURLY RATE
Supervisor $95.00 Supervisor $140.00
Lead Man $95.00 Lead Person $140.00
Welder $95.00 Welder $120.00
Electrician $120.00 Electrician $140.00
Equipment Operator $138.00 Equipment Operator $170.00
Laborer $95.00 Laborer $120.00
Water Well Driller:

Pump Installer $95.00 Pump Installer $95.00
Water Well Driller:

Helper $95.00
Journeyman Pump
Repairman $105.00

TYPE HOURLY RATE TYPE HOURLY RATE
88,000lb Pump hoist $75.00 Pump Rig
60,000lb Pump Hoist $75.00 Crane Truck $75.00
20,000lb Pump Hoist $75.00 Welding Truck $30.00
40 ton crane $225.00 Service Truck $25.00
18 ton crane $75.00 Flat Bed Truck $25.00
12 ton cran $50.00 Compressor 425 CFM $75.00
Backhoe $45.00
Dump Truck $45.00
Trailer $20.00
Service Truck $25.00
Auto Crane Truck $45.00
Compressor $25.00
Welding truck $25.00

PERSONNEL PERSONNEL

EQUPMENT EQUPMENT
Welding Truck $100.00
Electrician
Equipment Operator
Laborer
$95.00
$90.00
$100.00
$95.00
$80.00
$75.00

POSITION
Service Truck $75.00

EQUIPMENT

TYPE HOURLY RATE
Crane Truck $125.00

HOURLY RATE
Supervisor
Lead Person
Welder
Crane Truck
Welding Truck
Service Truck
Concrete Work (8 sack mix)

PERSONNEL
Pump Vibration Testing
Welder
Lead Person
Electrician
Equipment Operator
Laborer
10" Blind Flange
8" Blind Flange
Misc Electrical
Misc Material
Supervisor
10" Spool - 3'
12" x 10" Reducer
12" Gate valve
8" Gate valve
12" 45°
12" Welding Flange
10" Check Valve
10" 90°
12" x 12" x 8" Tee
10" Spool - 6'4"
12" Spool - 16"
Pipe Stands
Hughson, CA
Don Pedro Pump
Modesto, CA
Video Camera Well and Provide a DVD to the City of Modesto of well casing inside.

Provide well log including (1) well sizes, (2) depth, and (3) condition. Remove and reinstall deep well turbine pump. (Pump column shall be 10" diameter, depth 200')

ITEM/DESCRIPTION
Concrete pedestal column base, head and bolts for pump head SAF600 Amiad Filters w/epoxy bodies
200 Micron SS Screen
Type D 3 Station Controller
Endress Hauser - Promag 10"
8" Gear op butterfly valve
10" Gear op butterfly valve
10" x 10" x 8" Tee
10" Tee
2" Galv. Flush Line

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
Oakdale, CA
Amerine Systems Inc Howk Systems
RFB NO. 2021-68 PUMP STATION REJUVENATION SERVICES
2/7/2022
#6..
- 479 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 10, 2022
Date: July 12, 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: Amended and Restated Memorandum of Agreement with Stanislaus County for the Design of the 7th Street Bridge Replacement Project CONTACT: Toby Wells, City Engineer, [email protected], 209-571-5542 DESCRIPTION:

Consider approving the Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County; amending the Fiscal Year 2022-2023 Capital Improvement Program budget, and forwarding to Council for approval. (Funding Source: Streets Capital Facility Fees and Water Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

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

The historic 7th Street Bridge over the Tuolumne River was built in 1916 by Stanislaus County and consists of a series of “canticrete” type trusses supported on reinforced concrete piers and abutments all founded on concrete or timber piling. The entire bridge span is approximately 1,170 feet in length and the Average Daily Traffic (ADT) volume is approximately 15,700 vehicles per day.
#7..
- 480 -
Economic Development Committee, August 10, 2022
Amended and Restated Memorandum of Agreement between the City of Modesto and Stanislaus County for the Design of the 7th Street Bridge Replacement Project

Page 2 of 3 ends

The bridge is the lowest rated bridge within the eight counties in Caltrans District 10. This bridge has a Sufficiency Rating of 2, on a scale of 1 to 100. Although the bridge is currently considered structurally sound, there is significant spalling, advanced signs of alkali silica reaction, exposed and deteriorating steel reinforcing and considerable deflection at the cantilevered sections. The bridge is listed as Structurally Deficient and has been weight restricted to four tons gross load since 1979 and restricted from legal truck load weights since 1937.

The Project is partially funded with Federal Highway Bridge Program (HBP) funds and will include replacement of the existing bridge, safety improvements for motorists, pedestrians, and bicyclists, curb ramps, raised center median/refuge, street lighting, and incidental roadway resurfacing. The Project will also include modifications at the intersections of 7th and B Streets at Tuolumne Boulevard and Crows Landing Road at 7th Street.

An Environmental Assessment (EA) and Section 4(f) Evaluation with Finding of No Significant Impact (FONSI) was approved by Caltrans in August 2019, in compliance with the requirements of the National Environmental Policy Act (NEPA). An Environmental Impact Report (EIR) was certified by the County in May 2017, and approved by Caltrans in August of 2019, in compliance with the California Environmental Quality Act (CEQA). Contingent on funding availability, construction of this Project could begin as early as spring of 2024.

The County and the City entered into a Memorandum of Agreement (MOA) for Preliminary Engineering, which was approved by the governing bodies on March 15 and April 5, 2011, respectively. An Amended and Restated MOA, to add Final Design, was approved by the County and City on May 7 and 21, 2019, respectively. The MOA split the local match portion of the Project (11.47%) equally between the County and the City. At the time of the May 2019 MOA, the actual design cost was not finalized, and the MOA was based on an estimate. Since the 2019 MOA, some costs which are subject to the MOA have been updated and therefore an amendment to the MOA is required. The changes are presented in Attachment A.

DISCUSSION:

The purpose of this request is to provide funding support for Final Design activities necessary to generate construction Plans, Specifications, and Estimates (PS&E) so that construction can commence thereafter.

As discussed above the City/County inter-agency agreements have followed the path as shown in Attachment A.

Attachment A shows accounting for design-related costs, the local participating cost requirement match, and the split apportionments associated to each agency. These costs also include a 15% estimate for agency supporting costs that include employee time and materials.

The result of the amended MOA is that the City to provide an additional $359,278 towards the total project funding. This represents the City’s revised share of the effort necessary to complete the Final Design for the Project. This MOA request also includes funding support for a waterline design requested by the City Utilities Department to be included within the bridge structure. The amount to provide the necessary design for the City’s waterline is estimated at $97,985. County has agreed to pay $18,450 for invoice cost tracking. All other estimated design #7..
- 481 -
Economic Development Committee, August 10, 2022
Amended and Restated Memorandum of Agreement between the City of Modesto and Stanislaus County for the Design of the 7th Street Bridge Replacement Project

Page 3 of 3 ends

costs of this request are intended to be shared equally between the City and County.

The Project’s total design cost is now estimated at $9.6M. The Attachment shows that funding from the HBP will support approximately $9.4M of the total $9.6M Project design. City/County matching share is approximately $1.1M of the $9.4M costs with HBP reimbursing approximately $8.3M or 88.53% of participating cost. The differing City/County supporting costs are attributed to separate activities specifically associated with City/County work.

FISCAL IMPACT:

The MOA on May 21, 2019 authorized the City’s share in an amount up to $344,500. This amendment will increase the City’s share by $359,278 for a total amount of $703,778. A portion of the funding in the amount of $97,985 will come from the City’s Water Funds and the remaining $605,793 will come from the Streets Capital Facility Fee (CFF) fund.

A budget resolution will be included with the Council report to amend project 100586 – 7th St.

Bridge Tuolumne for the increase in the City’s share. Project 100933 – 7th Street Bridge Water Main will fund the Water line and is currently budgeted in the Fiscal Year 2022-2023 Capital Improvement Program budget.

Approved by:

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

1. Amended and Restated Memorandum of Agreement

2. Original Memorandum of Agreement

3. Attachment A – Funding Table
#7..
- 482 -
#7..
- 483 -
#7..
- 484 -
#7..
- 485 -
#7..
- 486 -
-5-
The total Local Match for the Final Design of the work is estimated at $322,000 based on an estimated Final Design cost of $2,807,000. Pursuant to Section 1.2 above, the City and County’s respective Local Match Cost Share for Final Design shall be up to, and not exceed, $161,000 each.

The total Local Match for the Updated Final Design of the work is estimated at $158,151 based on an Updated Final Design cost increase of $1,378,819.

Pursuant to Section 1.2 above, the City and County’s respective Local Match Cost Share for Updated Final Design shall be up to, and not exceed, $79,075 each.

The total Local Match for the Final Design Amendment 1 of the work is estimated at $64,121 based on an Amendment 1 Final Design cost of $416,624. Pursuant to Section 1.2 and 3.5 above, the County’s respective Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $41,285 and the City’s Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $22,835.

The total Local Match for the Final Design Amendment 2 of the work is estimated at $373,163 based on an Amendment 2 Final Design cost of $1,471,957. Pursuant to Section 1.2 and 3.6 above, the County’s respective Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $137,589 and the City’s Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $235,574.

The City shall reimburse the County for City’s share of the Local Match as shown in Exhibit A up to the maximum amount of $183,500 (for Preliminary Engineering) plus $21,793 (Updated Preliminary Engineering) plus $161,000 (for Final Design) plus $79,075 (for Updated Final Design) plus $22,835 (for Final Design Amendment 1) plus $235,574 (for Final Design Amendment 2) for a total of $703,778. If for any reason, the City’s share of the Local Match is expected to exceed $703,778, an amendment to this MOA would be required prior to any payment beyond the $703,778.

3.8 Subject to any other limitations or exceptions as otherwise set forth in this MOA, upon County’s tender of payment pursuant to section 1.7 of this MOA, County shall invoice City for an amount equal to one-half or fifty percent (50%) of the Local Match during the course of the Project.

3.9 County may submit all invoices and supporting documentation to City on or before 5:00 p.m. on the tenth (10th) calendar day of the month in which County requests reimbursement payments. City shall issue a reimbursement payment to County on or before the last calendar day of the same month for all timely invoices submitted by County.

3.10 County’s total spending authority for a Project contract is approved by the Stanislaus County Board of Supervisors and includes the cost of the contracted services plus a contingency amount designated for any additions or changes to the contract if needed. County will provide written notice to City when the sum of all the task orders or contract change orders executed for a #7..
- 487 -
#7..
- 488 -
#7..
- 489 -
#7..
- 490 -
#7..
- 491 -
#7..
- 492 -
#7..
- 493 -
#7..
- 494 -
#7..
- 495 -
#7..
- 496 -
#7..
- 497 -
#7..
- 498 -
#7..
- 499 -
#7..
- 500 -
#7..
- 501 -
Environmental Phase Expenditures Not Shown
Preliminary Engineering Match Non Part Split Previously Funded CITY COUNTY
Original Estimate $3,200,000 $367,000 Yes $183,500
Update 1 $380,000 $43,586
Total PE $3,580,000 $410,586 50/50 $205,293 $205,293
Final Design Engineering
Original Estimate $2,807,152 $322,000 Yes $161,000
Update 1 $1,378,819 $158,151
$4,185,971 $480,151 50/50 $240,075 $240,075
Amendment 1
Amendment 1 $398,174 $45,671 50/50 $22,835 $22,835
CMAQ Invoice Cost Tracking $18,450 $18,450 County $18,450 Amendment 1 Total $416,624 $45,671 $18,450 $22,835 $41,285 Amendment 2
Estimate #1 $1,241,154 $142,360 50/50 $71,180 $71,180
COM WaterLine $97,985 $97,985 COM $97,985
COM B St Intersection $59,070 $59,070 50/50 $29,535 $29,535 COM Park Maintenance Access $41,748 $41,748 50/50 $20,874 $20,874 Beard Loading Dock Removal $32,000 $32,000 50/50 $16,000 $16,000 Amendment 2 Total $1,471,957 $142,360 $230,803 $344,500 $235,574 $137,589 $389,767
Total Final Design Services $6,074,552 $188,031 $249,253 $498,485 $418,950 Total PE and Final Design Services $9,654,552 $1,078,767 $703,778 $624,243 City Previously Obligated Funds $344,500
Additional Amount requested per MOA Amendment $359,278
Attachment A
#7..
- 502 -

Economic Development CommitteeAugust 10, 2022

Economic Development Committee
August 10, 2022