Modesto City Council
September 13, 2022

domain power for the value of the unexpired term of this Lease or any other right arising from this Lease.

ASSIGNMENT AND SUBLETTING

20. Voluntary Assignment: Except as expressly provided herein, Lessee shall not assign this Lease nor any right hereunder, nor sublet the premises nor any part thereof, nor suffer any other person or entity to occupy or use the premises or any portion thereof, whether through direct assignment, merger, sale of stock or business assets, or otherwise, without the prior written consent of the Lessor’s City Manager. Any such assignment, subletting, occupation or use by any other person or entity without such consent shall be void, and shall, at the option of the Lessor’s City Manager, terminate this Lease.

21. Involuntary Assignment: Lessee agrees that, except as expressly provided herein, neither this Lease nor any interest herein shall be assignable or transferable by operation of law, and it is hereby mutually agreed, covenanted and understood by and between the parties hereto that in the event any proceeding under the Bankruptcy Act or any amendment thereto be commenced by or against Lessee, or in the event Lessee be adjudged insolvent or make an assignment for the benefit of its creditors, and a writ of attachment or execution be levied on the leasehold estate created hereby, and not be released or satisfied within ten (10) calendar days thereafter, or if a receiver be appointed in any proceeding or action to which Lessee is a party, with authority to take possession or control of the leased premises or the business conducted therein by Lessee, such action shall be deemed a default under this Lease, and this Lease at the option of the Lessor shall immediately end and terminate and shall in no way be treated as an asset of the Lessee after the exercise of #20..
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the aforesaid option; and the Lessor shall have the right, after the exercise of said option, to forthwith reenter and repossess itself of said premises as of its original estate.

ACTS CONSTITUTING BREACH BY LESSEE

22. The following shall constitute a material default and breach of this Lease by Lessee:
(a) The nonpayment of rent when due, when the nonpayment continues for fifteen (15) calendar days after written notice to pay rent or surrender possession of the Leased Space has been given by Lessor to Lessee; (b) Failure to perform any provision, covenant or condition of this Lease other than one for the payment of rent, when that failure is not cured within fifteen (15) calendar days after written notice of the specific failure is given by Lessor to Lessee;
(c) Abandonment of the Leased Space or any portion thereof, or discontinuing of Lessee’s business operations or any portion thereof. Should either event occur, Lessor shall not be responsible for the custodial protection of merchandise, fixtures, or equipment abandoned, even though it is necessary for Lessor to remove same from the Leased Space for storage, and disposal. Lessee will be responsible for all expenses incurred in the removal, storage and disposal of any merchandise, fixtures, and equipment;
(d) Filing by or final adjudication of Lessee of any petition of bankruptcy or the making of any transfer or general assignment for the benefit of creditors which has not been previously authorized by Lessor; (e) Lessee makes a general assignment for the benefit of creditors;
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(f) Execution, attachment or other judicial seizure of
substantially all of Lessee’s assets located at the Leased Space or of Lessee’s interest in this Lease, when the seizure is not discharged within fifteen (15) workdays.

LESSOR’S RIGHTS UPON TERMINATION OF LEASE

23. Should this Lease be terminated either for breach, default or unsatisfactory performance by Lessee, Lessor shall have the right (unless otherwise specified in the termination notice), at once without further notice to the Lessee to enter and take possession of the premises occupied by the Lessee, by force or otherwise, and to expel, oust and remove any and all parties who may occupy any portion of the premises covered by this Lease, and to remove from said space any and all goods and chattels belonging to the Lessee or its associates, sublessees or any other party, which may be found in or upon same, without being liable for prosecution or liable on any claim for damages brought due to such actions on the part of Lessor. Upon such termination by Lessor, all rights, powers, and privileges of the Lessee shall cease, and Lessee shall immediately vacate any and all space occupied by it under this Lease and shall make no claim of any kind whatsoever against Lessor, its agents or representatives by reason of such termination or any act incident thereto. In the event of termination for any cause which is determined by Lessor to be beyond on the control and without the fault or negligence of the Lessee, payment to Lessor hereunder shall immediately cease, and the Lessee shall be entitled to have monies which have been prepaid or advanced to Lessor predicated on occupancy of the Leased Space to the end of the period, if any, refunded to it by the Lessor. Lessee shall, in addition to other #20..
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rights provided by law, be permitted to remove its operating facilities, merchandise, etc. in a manner and at a time agreed upon by the parties to this Lease.

TERMINATION NOTICE

24. No act of Lessor, including but not limited to Lessor’s entry on the Leased Space or efforts to re-let the Leased Space, or the giving by Lessor to Lessee of a notice of default, shall be construed as an election to terminate this Lease unless a written notice of the Lessor’s election to terminate this Lease is given to Lessee.

WAIVER OF BREACH
25 The waiver by Lessor of any breach by Lessee of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent default or breach by Lessee either of the same or a different provision of this Lease.

CANCELLATION OR SUSPENSION OF LEASE BY LESSEE

26. Lessee may cancel or suspend this Lease in the event that:
(a) The United States government or any of its agencies shall occupy the Airport or any substantial part thereof to such an extent as to materially interfere with the Lessee’s operation;
(b) All or a material portion of the Airport or Airport facilities shall be destroyed by fire or other cause;
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(c) There shall occur a breach of any covenant on the part of the Lessor which is not cured within thirty (30) calendar days from receipt by Lessor of notice in writing of said breach; and
(d) There shall occur any national emergency resulting in a curtailment, either by executive decree or legislative action, of the use of motor vehicles or airplanes by the general public or a limitation of the supply of gasoline available for Lessee’s operations. If in any of those events, Lessee shall have the right upon written notice to Lessor to terminate this Lease and Lessee’s further obligations hereunder or at Lessee’s option, to suspend this Lease for the periods of such disability.

SURRENDER OF POSSESSION

27. At the expiration of this Lease, Lessee promises and agrees to deliver to Lessor in as good a condition as at the time of execution of this Lease the premises leased under this Lease, reasonable wear and tear acceptable.

SUBORDINATION

28. This Lease shall be subordinate to the provisions of any existing or future Lease between the Lessor and the United States relative to the operation and maintenance of the Airport, the execution of which has been or may be required to be a condition precedent to the expenditures of Federal funds for the development or improvement of the Airport.

SUSPENSION AND ABATEMENT

29. In the event that Lessor’s operation of the Airport or the Lessee’s operation at the Airport should be substantially restricted by action of the Federal Government, or any agency thereof, or by action of the State of California, or any agency thereof, then either party hereto shall have the right upon written notice to the other, to suspend this Lease, and an abatement of a just proportion of the payments, #20..
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services and other obligations to become due from the time of such notice of suspension and until such time as the restriction is removed.

MODIFICATIONS FOR GRANTING OF FAA FUNDS

30. In the event the Federal Aviation Administration requires as a condition precedent to the grant of funds for the improvement of the Airport, modifications or changes to this document, Lessee agrees to consent to such amendments, modifications, revisions, supplements or deletions of any of the terms, conditions or requirements of this Lease as may be reasonably required to enable Lessor to obtain said funds, provided that in no event shall such changes substantially impair the rights of Lessee hereunder.

NONDISCRIMINATION

31. It is understood and agreed by and between the Lessor and the Lessee that no person on the grounds of race, creed, color, national origin, or sex shall be excluded from participation in, denied the benefits of or be otherwise subjected to discrimination in the use of the Airport or its facilities. In the construction of any improvements on over or under such land and the furnishing of services thereon, no person on the grounds of race, creed, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination.

The Lessee shall use the premises in compliance with all requirements imposed or pursuant to Title 49 CFR, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation effectuation of Title VI of the Civil Rights Act of 1964, and as said regulation may be amended. Lessee further agrees that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from #20..
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participating in any employment activities, participating or receiving services or benefits of any program or activity covered by this subpart. Lessee will assure that any suborganizations provide assurance to the Lessor they will undertake and conform to laws related to affirmative action. Any breach of the aforementioned regulation will be cause for the Lessor to terminate this Lease.

AIRPORT CERTIFICATION RULES

32. Lessee will comply with all rules required of Lessor under Federal Aviation Regulation Part 139, Certification and Operation: Land Airport Serving Scheduled Air Carriers Operating Large Aircraft.

RIGHTS OF UNITED STATES OF AMERICA

33. It is hereby agreed by and between Lessor and Lessee that the provisions of this Lease in no way abrogate, derogate, or expand any rights vested in the United States of America relative to the Airport as such rights exist between the United States of America and the Lessor or its successors in interest.

NONEXCLUSIVE USE

34. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right prohibited by Section 308 of the Federal Aviation Act of 1958 as amended. The rights and privileges granted hereunder are nonexclusive and the Lessor has the right to grant to others the privilege and right of conducting any or all of the activities herein authorized. However, Lessor covenants not to enter into any similar agreement for use of Lessor owned facilities which contain more favorable terms than those contained in this Lease.

AIRPORT SECURITY PLAN

35. Lessee agrees to comply with all rules set forth in the Airport security plan that pertains to its operation under CFR Part 1542 or other Transportation #20..
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Security Administration Regulations. Lessee agrees to be fully liable to Lessor for any and all violations caused by Lessee that result in any claim, demand, fine, or penalty of any nature whatsoever which may be imposed upon the Lessor, arising from the unauthorized entry of any person or vehicle onto the Airport or from any other violation caused directly or indirectly by any act, omission, negligence, abuse or carelessness on the part of Lessee, its employees, agents, visitors, suppliers, customers or invitees.

STORM WATER POLLUTION

36. Lessee understands Airport must comply with the State of California Clean Water Regulations and agrees that its employees, agents, and servants will not perform any acts in violation of federal, state or municipal regulations which pertain to Lessor’s storm drainage system when conducting its operations on Airport property, airport roadways, or airport parking areas. Lessee agrees to be responsible for any and all fines or penalties imposed as a result of a violation.

HAZARDOUS MATERIALS

37. Lessee shall not cause or permit any hazardous material (as defined by any applicable law, ordinance, rule or regulation) to be generated, produced, brought upon, used, stored, treated, disposed or maintained in or about the premises by Lessee, its agents, employees, contractors, invitees, without the prior written consent of Lessor.

COMPLIANCE WITH ALL LAWS

38. Lessee, its employees, agents, and servants shall at all times comply with the laws and regulations of the United States of America, the State of California, and all applicable ordinances, codes and regulations of the City of Modesto #20..
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or other laws governing the operation of the Airport now in force or hereafter adopted by the United States, the State of California or the City of Modesto.

EXERCISE OF DISCRETION

39. Where the terms of this Lease require approval or the exercise of discretion by either Lessee or by Lessor or Lessor’s Airport Manager, discretion shall not be exercised in an unreasonable, arbitrary or capricious manner.

CO-PARTNERSHIP DISCLAIMER

40. It is mutually understood and agreed that nothing in this Lease is intended to or shall be construed as in any manner as creating or establishing the relationship of copartners or joint ventures between the parties hereto, or as constituting the Lessee as an agent or representative of Lessor for any purpose or in any manner whatsoever, and vice versa.

ATTORNEY FEES

41. If any litigation is commenced between the parties to this Lease concerning the Leased Space, this Lease, or the rights and duties of either in relation to the Leased Space or the Lease, the party prevailing in that litigation shall be entitled, in addition to any other relief granted, to a reasonable sum as and for its attorney fees.

Arbitration is an action or litigation proceeding for the purposes of this provision.

TIME OF ESSENCE

42. Time is hereby expressly declared to be of the essence of each and all terms and provisions of this Lease and each such provision is hereby made and declared to be a material, necessary and essential part of this Lease. If more than one (1) lessee is named herein, the obligations of said Lessee herein contained shall be joint and several obligations.
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BINDING ON HEIRS AND SUCCESSORS

43. This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties, but nothing in this paragraph shall be construed as consent by Lessor to any assignment of this Lease or any interest therein by Lessee except as specifically and expressly provided in this Lease.

LANGUAGE CONSTRUCTION

44. The language of each and all paragraphs, terms, and/or provisions of this Lease shall, in all cases and for any and all purposes, and any and all circumstances whatsoever, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity or status of any person or persons who drafted all or any portion of this Lease.

INVALID TERMS

45. If any terms, provision, covenant, or condition of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of this Lease shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

AMENDMENT

46. This Lease, including any exhibits hereto, shall not be amended, except in a writing signed by the parties. Any amendment or addendum to this Lease shall expressly refer to this Lease.
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SOLE AND ONLY AGREEMENT

47. This Lease constitutes the sole and only full, final, and complete agreement between Lessor and Lessee respecting the Leased Space or the leasing of the Leased Space to Lessee, and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting the Leased Space or their leasing by Lessor to Lessee not expressly set forth in this instrument are null and void. All prior negotiations between the parties are subsumed into this Lease to the extent they have been agreed to, and if not agreed to by the parties such negotiations are not set forth in the terms and conditions of this Lease.

CUMULATIVE REMEDIES

48. The remedies granted to Lessor in this Lease shall not be exclusive but shall be cumulative in addition to all remedies now or hereafter allowed by law or provided in this Lease.
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NOTICES

49. Any notice to or other communication to the Lessor or the Lessee shall be deemed validly given, served, delivered upon deposit in the United States mail, registered and with proper postage and registration fee prepaid, addressed as follows:

To: Lessor Airport Manager
City of Modesto
P. O. Box 642
Modesto, CA 95353
To: Lessee Commemorative Airforce
P.O Box 764769
Dallas, Texas 95376
Attn: Lance Linguist
or to such other address as Lessor or Lessee may designate by written notice to the other party delivered in accordance with the provisions of this paragraph. #20..
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IN WITNESS WHEREOF, the City of Modesto, a municipal
corporation, has authorized the execution of this Lease in duplicate by its City Manager and attestation by its City Clerk under the authority of Resolution No. __________, adopted by the Council of the City of Modesto on the 22nd day of August , 2022, and Lessee has caused this Lease to be executed.
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Exhibit A
Hangar 1S
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
Date: August 17, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Approve the Consultant agreement to Davey Resource Group for CALFIRE Urban and Community Forestry California Climate Investments (CCI) CONTACT: Michael Hoesch, Materials Management Superintendent/City Arborist, [email protected], 209-342-4566
DESCRIPTION:

Consider approving the Consultant Agreement to Davey Resource Group for CALFIRE Urban and Community Forestry California Climate Investments, “City of Modesto Urban Forest Services (21-UF-MGMT-004)” for an amount not to exceed $604,585. (Funding Source:

California Department of Forestry and Fire Protection Grant and 25% matching funds from FY 21/22 Green Waste Fund)
STRATEGIC PLAN ELEMENT:

This action supports the 2020-2025 City of Modesto Strategic Plan Area of Focus: Service Delivery Goals and Strategies; “build community trust in City government through responsive, transparent and efficient service delivery”; Goal H: “achieve long-term financial sustainability.” BACKGROUND:

The City of Modesto has been a Tree City USA for 38 years and has been committed to planting, maintaining, and preserving the City’s urban forest in partnership with citizens, community groups, and local businesses. As time passed, and the population grew, City staff sought to replicate industry standards in municipal tree maintenance. In 1980, Modesto implemented a policy change towards area/grid maintenance that would see trees pruned every seven years. There was a strong public education effort to inform residents of the advantages of programmed pruning versus the popular request-based system. The effort was successful, with 70% of tree maintenance completed on a programmed basis.

Since 1980, Modesto’s population has doubled, and an aging tree canopy, years of drought and rising operational costs have made it increasingly difficult for staff to maintain tree maintenance goals, while simultaneously responding to rising public requests for on-demand tree services.

Although the City has written a Street Tree Maintenance Plan, it is over twenty years old and #21..
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City Council, September 13, 2022
Approve the Consultant agreement to Davey Resource Group for CALFIRE Urban and Community Forestry California Climate Investments (CCI)

requires updating in order to incorporate current industry standards. In addition, the City does not have a long-term tree management plan, also known as an Urban Forest Master Plan (UFMP)1, which is typically developed with a considerable amount of citizen input and under the direction of recognized industry professionals. The City of Modesto, Forestry Division would use Davey Resource Group to perform the Public Tree Inventory and implement the i-Tree Software and Resource Analysis for the UFMP.

On April 12, 2022, per Resolution 2022-185 Council approved the CalFire Grant Agreement in the amount of $557,420; with a project performance period from Date of Approval through March 30, 2026.

DISCUSSION:

In support of the effort, the City Manager authorized the Purchasing Manager to issue formal Request for Proposals (RFP) for Consultant Assistance for the City of Modesto Urban Forest Management Project.

On May 17, 2021, the City of Davis issued an RFP for Urban Forest Management Plan on the City of Davis website. The RFP was also advertised and distributed to 21 vendors.

On August 31, 2021, proposals were formally opened at the City of Davis, Clerks Office. Four proposals were received and were deemed responsive and responsible.

Based on the 3,evaluation criteria and scoring, the City of Davis Proposals Review Committee awarded, a consultant agreement to Davey Resource Group because they ranked highest among all proposers.

The award of Davey Resource Group will allow the City of Modesto, Forestry Division to start the process of their Urban Forestry Master Plan (UFMP) by performing the Public Tree Inventory and setting up the i-Tree Software database. In order to continue the UFMP, the Forestry Division will need funding to do the following work:
 Inventory of 100,000 City Trees
 TreeKeeper software (plus support)
 Resource Analysis
In accordance with Modesto Municipal Code 8-3.203, the code generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid.

However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages 1 An Urban Forestry Master Plan (UFMP) is a document that will guide urban forestry in the City of Modesto to maximize long-term benefits of urban trees for the community and to ensure that urban forest management aligns with the City’s Strategic Plan. 3 Evaluation Criteria: Responsiveness of proposal, demonstrated understanding of scope of work related and recent Urban Forest Management Plan experience of similar scope and complexity in regions with similar issues, community engagement approach, creativity and comprehensiveness; ability to work with staff, stakeholders, local experts and commissions. Expertise of the assigned project team, availability and staffing to complete the project within the timeline.
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City Council, September 13, 2022
Approve the Consultant agreement to Davey Resource Group for CALFIRE Urban and Community Forestry California Climate Investments (CCI)

the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the cost savings interest of the City would be served. By utilizing the City of Davis RFP, the City is utilizing these exceptions.

FISCAL IMPACT:

Per Cal-Fire requirements, the total project cost must include a minimum 25% of match costs.

The approved project through CALFIRE includes grant funding in the amount of $557,420 with the 25% matching funds for the City of Modesto in the amount of $186,015.

The 25% matching funds will be met through the costs of City staff and equipment as listed below along with the purchase of trees, tools, and tablets for this project. The approved project funded through CALFIRE includes the initial City Tree Inventory of 100,000 City Trees, TreeKeeper Software and Support, and the Resource Analyst all to be performed by Davey Resource Group. As seen in the below chart, the grant will not fully fund this work. This amount has been added to the Matching Costs that is budgeted from FY 22/23 Green Waste Fund.

Direct Costs (CALFIRE)
Description Costs
City Tree Inventory $585,250
TreeKeeper Software & Support $12,800
Resource Analysis $6,535
Total $604,585
Grant Funding $557,420
Balance of Direct Costs $47,165
Matching Costs
Description Costs
Director, City Arborist, Supervisor, Crew leader $63,132 Administrative Analyst $1,420
Maintenance Workers (3) $15,201
IT Support $717
Supplies (Trees, tools, tablets, etc.) $43,058
Equipment $15,322
Total $138,850
Balance from Direct Costs $47,165
Total Matching Funds $186,015
The City will be the fiscal agent that houses the grant funding for the consultants’ work, and therefore may have to front the cost for a few months prior to being reimbursed by CALFIRE.

Staff will work with the Finance Department to establish the creation of the project and recognize the grant funding revenue.
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City Council, September 13, 2022
Approve the Consultant agreement to Davey Resource Group for CALFIRE Urban and Community Forestry California Climate Investments (CCI)

COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee at the August 22, 2022 meeting, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Consultant Agreement to Davey Resource Group for CALFIRE Urban and Community Forestry California Climate Investments, “City of Modesto Urban Forest Services (21-UF-MGMT-004)” for an amount not to exceed $604,585, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Davey Resource Group Agreement

3. CALFIRE Agreement

4. Scoring Abstract
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022 –XX

RESOLUTION APPROVING THE CONSULTANT AGREEMENT TO DAVEY

RESOURCE GROUP FOR CALFIRE URBAN AND COMMUNITY FORESTRY CALIFORNIA CLIMATE INVESTMENTS, “CITY OF MODESTO URBAN FOREST SERVICES (21-UF-MGMT-004)” FOR AN AMOUNT NOT TO EXCEED $604,585 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE

AGREEMENT
WHEREAS, the City of Modesto has been a Tree City USA for 38 years and has been committed to planting, maintaining, and preserving the City’s urban forest in partnership with citizens, community groups, and local businesses; and
WHEREAS, in 1980, Modesto implemented a policy change towards area/grid maintenance that would see trees pruned every seven years. The effort was successful, with 70% of tree maintenance completed on a programmed basis; and WHEREAS, since 1980, Modesto’s population has doubled, and an aging tree canopy, years of drought and rising operational costs have made it increasingly difficult for staff to maintain tree maintenance goals, while simultaneously responding to rising public requests for on-demand tree services; and
WHEREAS, although the City has written a Street Tree Maintenance Plan, it is over twenty years old and requires updating in order to incorporate current industry standards. In addition, the City does not have a long-term tree management plan, also known as an Urban Forestry Master Plan (UFMP); and
WHEREAS, in support of the effort, the City Manager authorized the Purchasing Manager to issue formal Request for Proposals (RFP) for Consultant Assistance for the City of Modesto Urban Forest Management Project; and
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WHEREAS, on May 17, 2021, the City of Davis issued an RFP for Urban Forest Management Plan on the City of Davis website. The RFP was also advertised and distributed to 21 vendors; and
WHEREAS, on August 31, 2021, proposals were formally opened at the City of Davis, Clerks Office, and based on the evaluation criteria and scoring, the City of Davis Proposals Review Committee awarded, a consultant agreement to Davey Resource Group; and WHEREAS, in accordance with Modesto Municipal Code 8-3.203, the code generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-

3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the cost savings interest of the City would be served. By utilizing the City of Davis RFP, the City is utilizing these exceptions; and WHEREAS, the award of Davey Resource Group will allow the City of Modesto, Forestry Division to start the process of its own UFMP by performing the Public Tree Inventory and setting up the i-Tree Software database.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the Consultant Agreement to Davey Resource Group for CALFIRE Urban and Community Forestry California Climate Investments, “City of Modesto Urban Forest Services (21-UF-MGMT-004)” for an amount not to exceed $604,585. #21..
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BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the consultant agreement and all related documents, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:
_____________________________
DIANE NAYARES-PEREZ, CMC, City
Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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-1- City of Modesto
Urban Forest Services

STANDARD AGREEMENT

DAVEY RESOURCE GROUP

URBAN FOREST SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Davey Resource Group, a Delaware corporation, hereinafter referred to as "Consultant." This Agreement is made with regard to the following recitals:

A. The City has determined that it needs assistance in creating Urban Forest Services that will document tree inventory for the City.

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

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant #21..
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-2-
ending no later than March 30, 2026, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept an estimated annual amount of. SIX HUNDRED FOUR THOUSAND FIVE HUNDRED EIGHTY-FIVE DOLLARS ($604,585.00.) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

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

Consultant will invoice City on a monthly cycle, or otherwise as expressly provided in this Agreement. City shall pay all undisputed invoices within thirty (30) days. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task, as applicable. Prior to undertaking any work outside of the existing scope, Consultant will inform City, detailing what additional work is recommended and the associated cost. No out-of-scope work shall be performed without express written permission from City. All work to be performed under this Agreement shall be billed at the rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket, reimbursable costs paid by Consultant in connection with work performed on this project. #21..
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-3- City of Modesto
Urban Forest Services

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement.

Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Tina McKeand, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that Fifteen percent (15%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA/INTELLECTUAL
PROPERTY.

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

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

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

Intellectual Property
The provisions of “Ownership of Documents” and “Title to Data” of this Section 6 shall not apply to any existing intellectual property owned by Consultant and used during the performance of this Agreement but shall be limited to new inventions created during the performance of this Agreement.

All inventions, discoveries, documents, works of authorship, methods, and the derivative works thereof, developed or created by Consultant prior to the Effective Date of this Agreement or outside the scope of this Agreement shall remain the sole and exclusive property of Consultant (“Consultant Background IP”).

To the extent City creates, conceives, develops, or reduces to practice any improvements to Consultant Background IP or to Consultant’s Confidential Information, City hereby irrevocably assigns all right, title, and interest in and to such improvements and related intellectual property to Consultant.

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent #21..
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contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

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

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant. #21..
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It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.
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FOR Consultant:

Name: Amber Krebbers
Address: 295 S. Walter Street, Kent, OH 44240-5193
Attention: Amber Krebbers
Phone: (800)828--8312
Email: [email protected]
FOR CITY:

Name: Michael Hoesch (Mike)
Address: 501 N. Jefferson St., Bldg. 2A, Modesto, CA 95356 Attention: Mike Hoesch
Phone: (209)342-4566
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates, with the exception of Professional Liability, thereof shall provide that, thirty (30) days prior to cancellation, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the for all of the following stated insurance policies. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. #21..
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(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or $1,000,000 combined single limit. 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 per-occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations. (c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage. (d) Professional Liability (Errors and Omissions) Insurance with limits not less than $1,000,000 per claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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

The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all #21..
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insurance policies required herein, except Workers' Compensation and Professional Liability. Consultant shall provide City with separate endorsements evidencing proof of the City’s additional insured status as to both the general liability and automobile liability insurance policies. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. In addition, Consultant shall provide City with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #21..
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Termination by City for Convenience
The City may also terminate the Consultant's performance under this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate this Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Termination by City for Lack of Budgeted Funds
The City may terminate this Agreement effective July 1 of any given year upon the City's determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event City shall give Consultant not less than 30 days written notice of termination.

Termination by City for Change of Consultant's Tax Status If City determines that Consultant does not meet the requirements of federal and state tax laws for independent contractor status, City may terminate this Agreement by giving written notice to Consultant. The termination date shall be the effective date of the notice.

Post-Termination Procedures
If this Agreement is terminated pursuant to this Section, Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; #21..
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b. Terminate all orders and subconsultants 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 subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the work and/or property related to the work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services #21..
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which were performed by Consultant 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 Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. If the Agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the vendor and The City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of #21..
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this
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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.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required:

The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and 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, to the extent caused by any negligent act or willful omission of Consultant during their performance under this Agreement. The Consultant shall not be obligated to indemnify the City for the grossly negligent acts or omissions caused by the City, or its agents, officers, and employees or volunteers, or another third party not under the control of Consultant, relating to or during the performance of its obligations under this agreement; rather such indemnification claims will be administered based upon a determination of the degree of comparative fault of each party. This Section 17 shall survive the completion of Consultant’s applicable Work for a period of two (2) years. Notwithstanding anything to the contrary in this Agreement or elsewhere, in no event shall Consultant’s total liability exceed $5,000,000. #21..
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Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

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

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety. #21..
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The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

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

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue. #21..
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Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant shall have a City of Modesto business license. #21..
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IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement 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 DAVEY RESOURCE GROUP has caused this agreement to be duly executed in duplicate as of the Effective Date. #21..
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Exhibit A: Scope of Service
Urban Tree Inventory Services
Davey Resource Group will perform a complete inventory of 100,000 City of Modesto owned street trees growing within right of ways. Observations will be made, and data will be collected by trained arborists experienced with inventory collection and regional dendrology. The Davey Resource Group inventory team will use tablet computers to collect GPS tree locations and upload the information so that it is available in real time. Data will be collected in a sequence desired by the city. It will be collected and presented in accordance with all environmental and safety standards and all applicable local, state, and federal ordinances. All inventory data collected by Davey Resource Group becomes the property of Modesto.

Tree Attributes
The following are urban tree attributes required by CALFIRE and will be collected by Davey Resource Group.

Unique ID Number — Each tree will be assigned a unique identification number.

X/Y Coordinates —We will identify the location of each tree and/or site using reliable GPS equipment.

An X and Y coordinate will be generated for each tree site.

Species—Trees are identified by genus and species, and corresponding common names. Cultivar will be identified if known.

Tree Trunk—Diameter is measured in ranges at 4-½ feet above the ground, or diameter breast height (DBH).

Condition Rating—In general, the condition of each tree will be recorded in one of the following categories adapted from the rating system established by the International Society of Arboriculture:

Excellent 100%
Very Good 90%
Good 80%
Fair 60%
Poor 40%
Critical 20%
Dead 0%
Grow Space – The area within the growing space is categorized as:
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T Tree Lawn
W Well/Pit
M Median
P Raiser Planter
O Open/Unrestricted
I Island
U Unmaintained
Clearance Required — Trees that are causing or may cause clearance issues - pertaining to trees adjacent to structures will be identified as well as those causing visibility or clearance difficulties for pedestrians or vehicles - will be identified as well as those trees blocking clear visibility of signs or traffic.

Maintenance Priority—Each tree will be classified into one of the following recommended maintenance categories. These categories are adapted from the Best Management Practices Guide for Tree Inventories from the International Society of Arboriculture. Trees identified for removal will have a supporting rationale in the comments section
Priority 1 Removal—These trees have defects that cannot be cost-effectively or practically treated, have a high amount of deadwood, and pose an immediate hazard to property or person. Davey recommends that these trees be removed immediately.

Priority 2 Removal—These trees are not as great of liability as Priority 1 Removals, being smaller and/or less hazardous, although they are also recommended for removal. Davey recommends that they are removed as soon as possible.

Priority 3 Removal—Trees designated for Priority 3 Removal do not pose a public hazard and are small, dead, or poorly formed. Smaller dead trees and failed transplants are in this category. Large trees in this category are generally poorly sited, of inferior quality, and pose little to no threat to the community.

Priority 1 Pruning—Trees in this category need pruning to remove hazardous deadwood limbs greater than four inches in diameter and/or have broken, hanging, or diseased limbs.

Priority 2 Pruning—These trees need pruning to remove hazardous deadwood limbs greater than two, but less than four inches in diameter.

Large Tree Routine Pruning—Trees in this category have characteristics that could become risks if not corrected. Deadwood limbs are less than two inches in diameter.

Small Tree Routine Pruning—This category includes small-growing trees that can generally be maintained from the ground, i.e., redbud, Mexican plum, etc., and other trees 20 feet or less in height. #21..
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Training Pruning—This category includes trees under 20 feet tall with correctable structural problems or minor amounts of deadwood that pose a minimal threat of personal injury or property damage.

Inexpensive pruning at this stage significantly affects the future of these trees. Young trees in this category that will be large at maturity generally require an annual pruning or inspection.

Stump Removal—This category indicates a stump that should be removed.

Plant Tree—Permeable vacant sites will be identified at each facility. The size of the potential growing space will be evaluated and noted as small, medium and large (indicated by the mature size of the tree will attain). Depends on growing space and overhead wires.

Not Applicable — If no maintenance priority conditions are observed, N/A will be selected.

Comments/Notes – Comments that the arborist feels are warranted on a tree specific basis will be included. Trees that are identified for removal will have comments pertaining to the reason for recommended removal in the Observation field. Other comments can include items such as: Cavity, Decay, Co-Dominants, Improperly Pruned, Mechanical Damage, Pest Problem, Poor Structure, Previous Failure, Serious Decline, Signs of Stress, Leaning, Etc.

Data Delivery
Davey Resource Group will provide the inventory data within the TreeKeeper software management system. TreeKeeper is an urban forestry software tool that can easily access and manage Modesto’s data from any location. DRG will deliver the data and train staff in its use. The City of Modesto will purchase a five-year subscription of TreeKeeper.

City Tree Resource Analysis
Upon completion and delivery of Modesto’s tree inventory data, DRG will prepare and deliver a Resource Analysis of Modesto’s ROW trees using the i-Tree model. Inferences based on the data will help the City of Modesto understand the importance of individual trees and species populations to the overall forest and provide a basis to plan for and project the future potential of the resource.

The resource analysis will provide the following information:
● Urban forest composition, including species composition and diversity, condition, and age distribution;
● Hourly amount of pollution removed by the urban and community forest and associated percent air quality improvement throughout a single year. Pollution removal is calculated for ozone (O3), sulfur dioxide (SO2), nitrogen dioxide (NO2), carbon monoxide (CO), and particulate matter <10 microns (PM10).
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● Hourly urban and community forest volatile organic compound emissions and the relative impact of tree species on net ozone and carbon monoxide formation throughout the year. ● Total carbon stored and net carbon annually sequestered by Modesto’s ROW trees ● Compensatory value of the forest, as well as the value of air pollution removal and carbon storage and sequestration.
● Tree pollen allergen city index.
● Potential impact of pests by pests or pathogens.
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EXHIBIT B
Urban Tree Inventory Services
Schedule of Rates/Payments
Consultant will invoice City on a monthly cycle, or otherwise as expressly provided in this Agreement.

Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task, as applicable. Prior to undertaking any work outside of the existing scope, Consultant will inform City, detailing what additional work is recommended and the associated cost. No out-of-scope work shall be performed without express written permission from City. Any other terms and conditions relating to the amount of compensation to be paid to Consultant are as follows:

Task Hours Cost

1. Project Management 1400 $175,000.00

2. Analysis of Current Status, Challenges and Opportunities 1300 $156,000.00

3. Technical Guidance 1508 $188,500.00

4. Additional Services 1001 $ 85,085.00
Total Hours 5209
Total Cost $604,585.00
Hourly billing rate schedule for proposed staff:

Role Hourly Rate
Sr. Project Manager, DRG $125.00
Principal/Landscape Architect, $180.00
Landscape Architect, $120.00
Sr. Associate Consultant, Entomology/Plant Pathology, DRG $95.00 Sr. Associate Consultant, DRG $95.00
Project Manager, GIS & Remote Sensing Services, DRG $125.00 Geospatial Lead Analyst, DRG $85.00
GIS Analyst, DRG $85.00
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STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916) 653-7772
Website: www.fire.ca.gov
June 9, 2022
Michael Hoesch
City of Modesto
501 N. Jefferson St. Bldg 1A
Modesto, CA 95354
8GA21423; City of Modesto, “City of Modesto Urban Forest Management Project”

This Agreement cannot be considered binding on either party until approved by appropriate authorized CAL FIRE designee. No services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior to final approval. FAILURE TO RETURN ALL DOCUMENTS BY DATE BELOW MAY RESULT IN LOSS OF FUNDING.

Please contact Greg Dion at 559-243-4156 if you have questions concerning services to be performed.

1. Full grant agreement including terms and conditions, project grant application form, scope of work, budget, map, and other exhibits enclosed. Please sign, scan, and return the agreement to Kevin Haran at [email protected] no later than March 29, 2022.

Alternatively, you may opt to print (single sided), sign in blue ink, and return the agreement with original signature to:

CAL FIRE
Attn: Grants Management Unit/UCF Grants
P.O. Box 944246
Sacramento, CA 94244-2460
In order to expedite your agreement, a scanned/electronic signature copy of the agreement is preferred.

2. Enclosed for your record is one fully executed copy of the agreement referenced above. When billing for services performed under this agreement, your invoices must reference the agreement number above and be submitted to the contract manager.

Thank you,
Kevin Haran
Grants Analyst
Grants Management Unit
CC: Larissa Frees
Walter Passmore
Greg Dion
Enclosures
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1 2
3 4
5 6
7 8

A B C D E F
Presentation/Committee Scoring
Evaluation Criteria: Responsiveness of proposal,
demonstrated understanding of scope of work
related and recent Urban Forest Management
Plan experience of similar scope and complexity
in regions with similar issues, community
engagement approach, creativity and
comprehensiveness; ability to work with staff,
stakeholders, local experts and commissions.

Expertise of the assigned project team,
availability and staffing to complete the project
within the timeline.

Possible Points
100
Davey Resource
Group
Dudek PlanIT Geo SWA
Total 95.2 89.2 87 83
Ranking (# according to score highest to lowest) 1 2 3 4 Urban Forest Management Plan
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
Date: August 18, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Authorize staff to apply for the California Strategic Growth Council’s Regional Climate Collaboratives Program Grant
CONTACT: Myriah Hill, Solid Waste Administrative Services Technician, [email protected], 209-577-5458
DESCRIPTION:

Consider authorizing staff to apply for the California Strategic Growth Council’s Regional Climate Collaboratives Program Grant. (Funding Source: Not applicable) STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan Initiative:

Governance and Service Delivery, “Build community trust in City government through responsive, transparent and efficient service delivery”; Goal I: “Promote trust and engagement between the community and the City”.

BACKGROUND:

The California Strategic Growth Council was created in 2008 to coordinate and collaborate with public agencies, communities, and stakeholders to achieve sustainability, equity, economic prosperity, and quality of life for all Californians.1 The Regional Climate Collaboratives Program (RCCP) is a capacity-building grant designed to deepen relationships between local agencies, community-based organizations, non-profits, and other stakeholders to develop processes, plans, and projects that drive and sustain climate action.2 The RCCP grant requires that the City of Modesto partner with at least four entities in their grant proposal and that the actions proposed expand the partner organizations’ abilities to adapt to and reduce climate change. The City proposes expanding existing programs that divert waste from landfill, reducing the emissions from breakdown of organic waste, and preserving limited landfill space in California.
1 https://sgc.ca.gov/
2 https://sgc.ca.gov/programs/cace/resources/rcc/
#22..
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Council Meeting, September 13, 2022
Authorize staff to apply for the California Strategic Growth Council’s Regional Climate Collaboratives Program Grant

First, the City would partner with local food recovery organizations, donation centers, and food banks to create or expand edible food recovery infrastructure that will support future recovery.

The City would also partner with local charity organizations that accept clothes and fabrics to ensure that usable items are distributed and unusable items are not disposed of in landfill.

Finally, the City would expand its existing partnership with the Mattress Recycling Council to recycle mattresses that are typically landfilled.

DISCUSSION:

Landfilling of organic waste is a major source of methane pollution in California, a greenhouse gas 20 times more potent than carbon dioxide. Organic waste includes edible food, which could be used to feed the 9.2 million Californians who were food insecure in 2020, if diverted from landfill. Under Senate Bill (SB) 1383, the Department of Resources Recycling and Recovery (CalRecycle) requires that local jurisdictions implement an excess food recovery program that connects producers with recovery organizations and monitor the recovered amount.3 Textile disposal also puts a burden on California’s landfills and climate with over 500,000 tons of clothes thrown away annually. These textiles may be in the form of usable clothes, which should be donated to centers that can distribute them, or unusable clothes, which should be diverted from landfill. Textiles made of natural fibers can be composted, further reducing methane emissions, and synthetic fibers can be recycled in dedicated facilities.

Finally, staff identified a gap in options to divert mattresses from landfilling when they are collected through bulky item pickups or through illegal dumping. Mattresses have recoverable metals, textiles, and plastics and typically consist of between 80-90% recoverable material.4 Easing the process of recycling for residents and diversion methods before reaching landfill are viable options to address this gap.

Staff recommends that the Solid Waste Division apply for the RCCP grant to further develop relationships between the City and local food recovery agencies so that they are better prepared for the influx of edible food they will receive under SB 1383; and also divert textiles and mattresses from the landfill. These actions qualify as grant funded activity as they seek to expand existing infrastructure that will combat climate change and build a collaborative that represents the priorities of the City, local food recovery organizations, local excess food producers, diverting textiles and mattresses from the landfill.

The following major goals would be included in the grant application:
 Expanding the capacity of local donation sites for perishable food and textiles  Reducing emissions associated with transporting, collecting, and distributing food and textiles from producer to donation sites to consumers
 Bridging connections between producers and donation sites to ensure food and textiles are collected and recovered
 Providing education and resources for donors
 Expanding methods for large scale distribution, through home drop offs or alternative pickup locations
3 https://calrecycle.ca.gov/organics/slcp/foodrecovery/ 4 https://calrecycle.ca.gov/mattresses/
#22..
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Council Meeting, September 13, 2022
Authorize staff to apply for the California Strategic Growth Council’s Regional Climate Collaboratives Program Grant

 Expanding existing mattress recycling programs to provide greater access and efficiency, including drop of centers and recycling of illegally dumped or discarded mattresses
The following budget outlines what the City expects to request in grant funding:

The City has completed the RCCP pre-proposal application, which requires an outline of the future grant proposal. The Strategic Growth Council provided the City feedback on the preproposal. Staff took in consideration the comments provided and revised the budget and scope of work.

FISCAL IMPACT:

Applying does not commit the City to a financial obligation or to accepting the grant if awarded, thus this item is administrative in nature and has no fiscal impact. Further, there is no match component to this grant.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Finance Committee on August 22, 2022, and the Committee recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution authorizing staff to apply for the California Strategic Growth Council’s Regional Climate Collaboratives Program Grant.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachment:

1. Resolution
Strategy 1 Food Recovery Centers Capacity Expansion $ 600,000 Strategy 2 Education and Outreach to Excess Food Generators $ 100,000 Strategy 3 Textile Donation Centers Capacity Expansion $ 50,000 Strategy 4 Textile Recycling Program Expansion $ 50,000 Strategy 5
Education and Outreach to Textile Donors and Donation
Centers $ 50,000
Strategy 6 Mattress Recycling Council Partnership $ 100,000 Strategy 7
General Community Events and Outreach for the Above
Programs $ 100,000
Total $ 1,050,000
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION AUTHORIZING STAFF TO APPLY FOR THE CALIFORNIA STRATEGIC GROWTH COUNCIL’S REGIONAL CLIMATE

COLLABORATIVES PROGRAM GRANT
WHEREAS, California Strategic Growth Council was created in 2008 to coordinate and collaborate with public agencies, communities, and stakeholders to achieve sustainability, equity, economic prosperity, and quality of life for all Californians; and
WHEREAS, the Regional Climate Collaboratives Program (RCCP) is a capacity-building grant designed to deepen relationships between local agencies, community-based organizations, non-profits, and other stakeholders to develop processes, plans, and projects that drive and sustain climate action; and WHEREAS, the City of Modesto intends to submit an application proposing the expansion of existing programs that divert waste from landfill, reducing the emissions from breakdown of organic waste and preserving limited landfill space in California; and
WHEREAS, the City of Modesto submitted the RCCP pre-proposal application, and the final grant application is due October 15, 2022.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes staff to apply for the California Strategic Growth Council’s Regional Climate Collaboratives Program Grant.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September, 2022, by Councilmember? who moved its adoption, which motion being duly seconded by Councilmember? was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: __________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
Date: August 23, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Safe Streets and Roads for All and Strengthening Mobility and Revolutionizing Transportation Grant
CONTACT: Scott Collins, Traffic Engineer, [email protected], 209-577-5431 DESCRIPTION:

Consider authorizing staff to apply for the Safe Streets and Roads for All Grant, Strengthening Mobility and Revolutionizing Transportation Grant; and authorizing staff to apply for any future related Grants. (Funding Source: SS4A and SMART Grants) STRATEGIC PLAN ELEMENT:

This item is in conformance with City of Modesto Strategic Plan Area: Service Delivery Goals and Strategies: “Build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

BACKGROUND:

The Bipartisan Infrastructure Law1 (BIL) established a new Safe Streets and Roads for All (SS4A) Grant program with $5 billion in appropriated funds over the next five years. In fiscal year 2022 (FY22), up to $1 billion is available. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries. The primary goal of the SS4A grants is to improve roadway safety by supporting communities in developing comprehensive safety action plans based on a “Safe System Approach”, and implementing projects and strategies that significantly reduce or eliminate transportation-related fatalities and serious injuries involving pedestrians, bicyclists, public transportation, commercial vehicle operators, and motorists.

The BIL also established the Strengthening Mobility and Revolutionizing Transportation (SMART) discretionary grant program with $100 million appropriated annually for fiscal years 1 https://www.fhwa.dot.gov/bipartisan-infrastructure-law/ #23..
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City Council, September 13, 2022
Safe Streets and Roads for All and Strengthening
Mobility and Revolutionizing Transportation Grant

(FY) 2022-2026. The SMART program was established to provide grants to eligible public sector agencies to conduct demonstration projects focused on advanced smart community technologies and systems in order to improve transportation efficiency and safety.

The SMART Program will support a range of approaches: new transportation applications of existing and emerging technologies, expanded and systematized use of proven technologies, and deep integration of solutions with existing transportation systems.

The SMART Grants Program is divided into two stages. During Stage 1, public sector project leaders can build internal buy-in and partnerships with public, private, academic, nonprofit, and community organizations and community networks to refine and prototype their concepts as well as report on results. Stage 2 will provide funding for projects that are designed to result in a scaled-up demonstration of the concept, integrating it with the existing transportation system, and refining the concept such that it could be replicated by others. United States Department of Transportation (USDOT) expects that only recipients of Stage 1: Planning and Prototyping Grants will be eligible for Stage 2: Implementation Grants in the following fiscal year. For the FY22 funding opportunity, USDOT expects to award 30 to 50 Stage 1 grants.

DISCUSSION:

The City of Modesto Traffic Engineering Division would like to apply to these grants for the following reasons. The SS4A grant will allow the City to utilize safety metrics to analyze roadway accidents within the City and fund improvement projects to help with the ongoing traffic safety concern within the City. Staff would also like to apply for the SMART grant as it aligns with the City’s Traffic Signal System Master Plan to fund future transportation technologies.

Eligible projects include coordinated automation, connected vehicles, sensors, systems integration, delivery/logistics, innovative aviation, smart grid, and traffic signals.

Resolutions authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget are required with each grant package.

After Council approval, this action will allow staff to apply for, accept payment, amend the annual budget, and authorize the City Manager or his designee to execute all related grant documents.

FISCAL IMPACT:

There is no minimum or maximum funding award value for the SS4A grant. Recipients are required to contribute a local matching share of no less than 20 percent of eligible activity costs.

All matching funds must be from non-Federal sources, which could include in-kind contributions, funding from the applicant, or other SS4A-eligible non-Federal sources partnering with the applicant.

SS4A and SMART grants will be utilized for any design and construction costs for transportation improvement projects. If grant funding is awarded, any match requirements will come from Measure L or Surface Transportation Funding.
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City Council, September 13, 2022
Safe Streets and Roads for All and Strengthening
Mobility and Revolutionizing Transportation Grant

COMMITTEE RECOMMENDATION:

On August 22, 2022, this item was presented to the Finance Committee and was recommended for forwarding to Council for approval.

CEQA/NEPA REQUIREMENTS:

Environmental review will be conducted based on the project and being awarded any grant funding.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution authorizing staff to apply for the Safe Streets and Roads for All Grant, Strengthening Mobility and Revolutionizing Transportation Grant, and apply for any future related grants.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION AUTHORIZING STAFF TO APPLY FOR THE SAFE STREETS

AND ROADS FOR ALL GRANT, STRENGTHENING MOBILITY AND

REVOLUTIONIZING TRANSPORTATION GRANT, AND APPLY FOR ANY

FUTURE RELATED GRANTS
WHEREAS, the Bipartisan Infrastructure Law1 (BIL) established a new Safe Streets and Roads for All (SS4A) Grant program with $5 billion in appropriated funds over the next five years; and
WHEREAS, the primary goal of the SS4A grants is to improve roadway safety by supporting communities in developing comprehensive safety action plans based on a “Safe System Approach”, and implementing projects and strategies that significantly reduce or eliminate transportation-related fatalities and serious injuries involving pedestrians, bicyclists, public transportation, commercial vehicle operators, and motorists; and
WHEREAS, in fiscal year 2022 (FY22), up to $1 billion is available; and WHEREAS, the BIL also established the Strengthening Mobility and Revolutionizing Transportation (SMART) discretionary grant program with $100 million appropriated annually for fiscal years (FY) 2022-2026; and WHEREAS, the SMART program was established to provide grants to eligible public sector agencies to conduct demonstration projects focused on advanced smart community technologies and systems in order to improve transportation efficiency and safety; and
WHEREAS, the SMART Grants Program is divided into two stages; and 1 https://www.fhwa.dot.gov/bipartisan-infrastructure-law/ #23..
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2 2022-
WHEREAS, during Stage 1, public sector project leaders can build internal buyin and partnerships with public, private, academic, nonprofit, and community organizations and community networks to refine and prototype their concepts as well as report on results; and
WHEREAS, Stage 2 will provide funding for projects that are designed to result in a scaled-up demonstration of the concept, integrating it with the existing transportation system, and refining the concept such that it could be replicated by others; and WHEREAS, United States Department of Transportation (USDOT) expects that only recipients of Stage 1: Planning and Prototyping Grants will be eligible for Stage 2:

Implementation Grants in the following fiscal year; and WHEREAS, for the FY22 funding opportunity, USDOT expects to award 30 to 50 Stage 1 grants.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby authorizes staff to apply for the Safe Streets and Roads for All Grant and Strengthening Mobility and Revolutionizing Transportation Grant.

BE IT FURTHER RESOLVED, by the Council of the City of Modesto that it hereby authorizes staff to apply for any future related Grants. #23..
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3 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
August 24, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade Project
CONTACT: Cristian C. Ciotau, Senior Civil Engineer, [email protected], 209-577-5260
DESCRIPTION:

Consider accepting the plans and specifications for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade Project and awarding a construction contract with Mozingo Construction Inc, of Oakdale, CA, in the amount of $7,981,830 plus $957,821 for contingency (if needed), for a total amount not to exceed $8,939,651; authorizing an increase in the Director’s Authority from 8% to 12% to issue Change Orders; and amending the Fiscal Year 2022-2023 Capital Improvement Project Program Budget. (Funding: Wastewater and Water Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The 2007 Wastewater Master Plan identified the need to extend the Sonoma Trunk along Sylvan Avenue to facilitate land development in the area referred to as the Tivoli Area. The proposed sewer extensions consist of four phases that will eventually provide sewer infrastructure to the Tivoli area.

The Sonoma Trunk Extension and Lift Station is the second phase of the necessary sewer infrastructure improvements. Improvements include new 8-inch gravity sewer mains on Oakdale Road from Post Office Drive to Mable Ave, on Sylvan Avenue new 10-inch gravity sewer mains from Oakdale Road to just East of Lydia Lane. Additionally, the project will provide for the installation of a new 8-inch diameter gravity sewer main on Lydia Lane along with new sewer laterals and cleanouts.
#24..
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Council Meeting, September 13, 2022
Award Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade

At the intersection of Lydia Lane and Sylvan Avenue, a new Lift Station will be constructed along with all associated sitework and a new force main connecting the lift station with the first phase of the Sonoma Trunk.

Additionally, a new stormwater filtration and infiltration system will be constructed at the intersection of Oakdale Road and Sylvan Avenue to eliminate the existing storm water ponding at that intersection during the storm events.

In addition to the wastewater improvements identified as a part of the 2007 Master Plan, the Tivoli Master Plan calls for water main upgrades to serve the future Tivoli development. The project will upgrade the existing 8-inch water main with a new 12-inch City Standard water main as well as associated water valves, services and fire hydrants along Sylvan Avenue, beginning at Oakdale Road terminating at the future Aria Way.

DISCUSSION:

The Project was advertised for bids on June 28, 2022. Bids were publicly opened on August 9, 2022, pursuant to City Charter Section 1307. Mozingo Construction Inc, of Oakdale, CA, was the responsible bidder with the lowest responsive bid. The bid tabulation is attached.

The bid analysis is:

Number of bids received 4
Number of bids within 10% of engineer’s estimate 0
Number of bids above the engineer’s estimate 4
Number of bids below the engineer’s estimate 0
Percent of low bid above the engineer’s estimate 15.19% Mozingo Construction Inc, of Oakdale, CA, was 15.19% above the engineer’s estimate. The next bid was 28.37% above the engineer’s estimate, and the highest bid was 44.67% above the engineer’s estimate. Bidder competition and participation were evident as the City received four bids. Based on the bids, percentage above the engineer’s estimate, the current market for pricing of construction related items, the bids are fair and reasonable.

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. The award of contract for the construction of the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade Project to Mozingo Construction Inc, of Oakdale, CA, conforms to the Modesto Municipal Code, 8-3.203.

The City’s “Change Order Approval Policy”, enacted by Council Resolution No. 94-443 on July 19, 1994, was updated by Resolution No. 2019-326 on July 9, 2019, establishing a contract change order authority of 8% for construction contracts of this dollar value. However, given the nature of this project being a highly traveled road that will involve road closures, multiple existing underground utility lines, additional work may be needed to address unexpected conditions that require changes in the project scope that may exceed the Director’s Authority of 8% ($638,547) of the contract amount of $7,981,830. Staff is requesting authorization to increase the contract change order budget to 12% ($957,821) due to the size of the project and the unknown challenges.
#24..
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Council Meeting, September 13, 2022
Award Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade

While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.

FISCAL IMPACT:

CIP ACCOUNT:

Total estimated cost for the construction portion of this project is $9,828,198. Funding for the construction, contingency, administration, and City staff design support, will be budgeted in the current FY 2022-2023 Capital Improvement Program budget in the following accounts:
100535 – UPP.Engineering Design “Sonoma Trunk Ext and Lift Station” 101367 – UPP.Engineering Design “Sylvan Water Main Upgrade” ANTICIPATED CONSTRUCTION EXPENDITURES:
100535 101367 Combined
Construction Contract $6,348,060 $1,633,770 $ 7,981,830 Construction Contingency (12%) $761,768 $196,053 $957,821 Construction Administration – City Staff
(8%)
$507,845 $130,702 $638,547
Engineering Design Support During
Construction – City Staff
City Construction Forces
$130,000 $70,000
$50,000
$200,000
$50,000
*TOTAL ANTICIPATED CONSTRUCTION
EXPENDITURES:
$7,747,673 $2,080,525 $9,828,198
*An appropriation transfer in the combined amount of $6,354,960 is necessary to fund the construction, contingency, construction administration, and design support during construction.

Upon Council approval, approximately $5,526,488 will be transferred from the Wastewater Fund Reserves and approximately $828,472 from Water Fund Reserves into the appropriate project accounts to cover these costs, thereby amending the Fiscal Year 2022-2023 Capital Improvement Program Budget. This is reflected in the resolution amending the budget.

COMMITTEE RECOMMENDATION:

This project was presented to Economic Development Committee on April 5, 2021, as a report on upcoming Capital Improvement construction projects and was recommended to forward to Council for future award of construction. As stated in that Committee report, as bids are received, staff will present projects directly to Council for award of construction.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through Tivoli Specific Plan Environmental Impact Report (EIR) (SCH # 2005072125).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving plans and specifications for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade Project, accepting the bid, and approving a construction contract with Mozingo Construction Inc, of Oakdale, CA, in the amount of $7,981,830 plus $957,821 for #24..
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Council Meeting, September 13, 2022
Award Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade

contingency (if needed) for a total amount not to exceed $8,939,651 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution authorizing an increase in the Director’s authority to issue Change Orders for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade Project from 8% ($638,547) to 12% ($957,821) of the construction contract price of $7,981,830 with Mozingo Construction Inc, of Oakdale, CA
Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $5,526,488 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Sonoma Trunk Extension and Lift station Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $828,472 to be transferred into the project (101367) from Water Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Sylvan Water Main Upgrades Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

Approved by:

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

1. Resolutions (4)

2. Bid Results

3. Construction Contract with Mozingo Construction Inc. & Financial Interest Disclosure Form #24..
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE

SONOMA TRUNK EXTENSION, LIFT STATION AND SYLVAN WATER MAIN

UPGRADE PROJECT, ACCEPTING THE BID, AND APPROVING A

CONSTRUCTION CONTRACT WITH MOZINGO CONSTRUCTION INC, OF OAKDALE, CA, IN THE AMOUNT OF $7,981,830 PLUS $957,821 FOR

CONTINGENCY (IF NEEDED) FOR A TOTAL AMOUNT NOT TO EXCEED $8,939,651 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO EXECUTE THE AGREEMENT
WHEREAS, the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Project will provide new gravity sewer mains to service existing and future development, and
WHEREAS, as well as a new Lift Station to convey the wastewater along Sylvan Ave into the existing Sonoma Trunk, and
WHEREAS, the Tivoli Master Plan calls for water main upgrades to serve the future Tivoli development, and
WHEREAS, the water upgrades for this project will include replacing of existing 8-inch undersized water mains with new 12-inch water mains, and WHEREAS, specifications have been prepared for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Project, and
WHEREAS, the Project was re-advertised for bids on June 28, 2022, and WHERAS, on August 9th, 2022, bids were publicly opened, pursuant to City Charter Section 1307, four bids were received and Mozingo Construction Inc, of Oakdale, CA, was the responsible bidder with the lowest responsive bid, and #24..
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2 2022-
WHEREAS, MMC 8-3.203 states that all purchases, in excess of fifty thousand dollars ($50,000), or when directed by the City Manager for any purchase of fifty thousand dollars ($50,000) or less, shall follow formal bid procedures, and WHEREAS, and the award of bid for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Project conforms to the Modesto Municipal code based on providing the overall lowest cost, while providing improved service, and WHEREAS, the Director of Utilities has recommended that the bid of $7,981,830 received from Mozingo Construction Inc, of Oakdale, CA, be accepted as the lowest responsible and responsive bid and the contract be awarded to Mozingo Construction Inc, of Oakdale, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Rebid Plant Structural Improvements Project and accepts the bid of $7,981,830 plus $957,821 for contingency (if needed) for a total amount not to exceed $8,939,651 and awards Mozingo Construction Inc, of Oakdale, CA, the contract for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Project.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney.

The City of Modesto held on the 13h day of September 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
#24..
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3 2022-
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _______________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#24..
- 939 -
1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AUTHORIZING AN INCREASE IN THE DIRECTOR’S

AUTHORITY TO ISSUE CHANGE ORDERS FOR THE SONOMA TRUNK

EXTENSION, LIFT STATION AND SYLVAN WATER MAIN UPGRADE
PROJECT FROM 8% ($638,547) TO 12% ($957,821) OF THE CONSTRUCTION CONTRACT PRICE OF $7,981,830 WITH MOZING CONSTRUCTION INC, OF

OAKDALE, CA
WHEREAS, the City’s “Change Order Approval Policy”, enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 8% for projects with the construction value between $1 Million and $10 Million, and WHEREAS, given the nature, complexity and duration of this project being a highly traveled road that will involve road closures, multiple existing underground utility lines with multiple unknowns, additional work may be needed to address unexpected conditions that require changes in the project scope that may exceed the Director’s Authority of 8% ($638,547) of the contract amount of $7,981,830, and WHEREAS, staff is requesting authorization to increase the Directors authority to issue change orders to 12% ($957,821) of the contract amount of $7,981,830 total over five years, due to the nature and duration of the project as well as the unknown challenges.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the Director of Utilities to issue change orders for Sonoma Trunk Extension, Lift Station and Sylvan Water Main Project from 8% ($638,547) to 12% ($957,821) of the construction contract price of $7,981,830 with Mozingo Construction Inc, of Oakdale, CA.
#24..
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2 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _______________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#24..
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022-2023 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $5,526,488 TO

BE TRANSFERRED INTO THE PROJECT FROM WASTEWATER RESERVES

TO FULLY FUND THE CONSTRUCTION, CONTINGENCY, CONSTRUCTION

ADMINISTRATION AND DESIGN SUPPORT DURING CONSTRUCTION FOR

THE SONOMA TRUNK EXTENSION AND LIFT STATION PROJECT AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT

THE PROVISIONS OF THIS RESOLUTION
WHEREAS, on August 9th, 2022, bids were publicly opened, pursuant to City Charter Section 1307, and
WHEREAS, four bids were received, and
WHEREAS, in order to fully fund the construction, contingency, construction administration and design support during construction for the Sonoma Trunk Extension and Lift Station Project, and
WHEREAS, the Fiscal Year 2022-23 Capital Improvement Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $5,526,488 to be transferred into the project from Wastewater Fund Reserves.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #24..
- 942 -
2 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ____________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#24..
- 943 -
1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022-2023 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $828,472 TO BE TRANSFERRED INTO THE PROJECT (101367) FROM WATER RESERVES

TO FULLY FUND THE CONSTRUCTION, CONTINGENCY, CONSTRUCTION

ADMINISTRATION AND DESIGN SUPPORT DURING CONSTRUCTION FOR

THE SYLVAN WATER MAIN UPGRADE PROJECT AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE

PROVISIONS OF THIS RESOLUTION
WHEREAS, on August 9th, 2022, bids were publicly opened, pursuant to City Charter Section 1307, four bids were received and Mozingo Construction Inc, of Oakdale, CA, was the responsible bidder with the lowest responsive bid, and WHEREAS, in order to fully fund the construction, contingency, construction administration and design support during construction for the Sylvan Water Main Project, and
WHEREAS, the Fiscal Year 2022-2023 Capital Improvement Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $828,472 to be transferred into the project from Water Fund Reserves.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #24..
- 944 -
2 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ____________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#24..
- 945 -

Bid Tabulation Thursday, August 11, 2022
Project Title: Sonoma Trunk Extension, Lift Station and Water Main Upgrade
Project ID #: 2022-023
Vault ID #: 12-D-0558
Account# 100535 & 101367
Vault ID #: 12-D-0558
Bid Opening: 8/9/2022 at 11:00 AM
Basis of Award: By Base Bid Designer: Cristian Ciotau
Design Manager: Cristian Ciotau
Project Description: This project will provide wastewater sewer mains, laterals, a new Lift Station as well as water main upgrades on Sylvan Ave
Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Mozingo Construction
(209) 848-0160 751 Wakefield Court, Oakdale CA, 95361
Base Bid
1 Shoring, Bracing and Sheeting LS 1 $80,000.00 $80,000.00 2 Demolition and Disposal (Including Sewer & LS 1 $1,445,000.00 $1,445,000.00 Storm Abandonment)
3 10-inch Sewer Main LF 580 $190.00 $110,200.00
4 8-inch Sewer Main LF 4000 $164.00 $656,000.00
5 Sewer Laterals and Clean-outs (4-inch & 6- EA 14 $2,100.00 $29,400.00 inch)
6 48-inch Sewer Manhole EA 13 $16,000.00 $208,000.00
7 48-inch Drop Sewer Manhole EA 3 $18,000.00 $54,000.00 8 Connect to Existing Sanitary Sewer EA 3 $8,000.00 $24,000.00 Manhole & Cleanout
9 Curb & Gutter Restoration LF 450 $100.00 $45,000.00
10 Sidewalk, Ramps & Driveways Restoration SF 4000 $15.00 $60,000.00 11 Hot Mix Asphalt TON 5700 $100.00 $570,000.00
12 Class II Aggregate Base CY 10000 $40.00 $400,000.00
13 Traffic Control LS 1 $340,000.00 $340,000.00
14 Road Striping LS 1 $40,000.00 $40,000.00
15 CCTV Pipeline Inspection LF 4580 $7.00 $32,060.00
16 Concrete Lift Station Structure, Pumps & LS 1 $500,000.00 $500,000.00 Appurtenances
17 Concrete Dry Vault LS 1 $100,000.00 $100,000.00
18 Concrete Slab (at Lift Station) SF 900 $35.00 $31,500.00 19 6-inch PVC Pipe (DR18) for Force Main LF 800 $90.00 $72,000.00 20 6-inch DIP for Force Main LF 50 $160.00 $8,000.00
21 48-inch Sewer Force Main Manhole EA 2 $7,000.00 $14,000.00 22 60-inch Sewer Force Main Manhole EA 1 $9,000.00 $9,000.00 23 Air & Vacuum Relief Valves EA 2 $5,000.00 $10,000.00 24 Fittings, Valves and Pipe Supports LS 1 $80,000.00 $80,000.00 25 Hatches (H20 Rated) EA 2 $16,000.00 $32,000.00
#24..
- 946 -

Item # Item Description Units Quantity Unit Price Extension 26 Electrical LS 1 $716,200.00 $716,200.00
27 Iron Fence & Gates LS 1 $95,000.00 $95,000.00
28 CMU Fence Wall LS 1 $37,000.00 $37,000.00
29 Concrete Drive Approach EA 3 $6,700.00 $20,100.00
30 Miscellaneous Landscaping LS 1 $20,000.00 $20,000.00 31 Stormwater Filter System EA 2 $100,000.00 $200,000.00 32 12-inch Storm Main LF 320 $95.00 $30,400.00
33 18-inch Storm Main LF 540 $80.00 $43,200.00
34 48-inch Storm Manhole EA 4 $6,500.00 $26,000.00
35 Rockwells EA 10 $10,000.00 $100,000.00
36 Structural Calculations LS 1 $30,000.00 $30,000.00
37 Monument Preservation LS 1 $10,000.00 $10,000.00
38 Storm Catch Basin EA 2 $5,000.00 $10,000.00
39 Stormwater Pollution Prevention Plan LS 1 $60,000.00 $60,000.00 (SWPPP)
101 Stormwater Pollution Prevention Plan LS 1 $40,000.00 $40,000.00 (SWPPP)
102 Traffic Control and Signage LS 1 $75,000.00 $75,000.00 103 Monument Preservation LS 1 $7,500.00 $7,500.00
104 Shoring, Bracing and Sheeting LS 1 $75,000.00 $75,000.00 105 Curb & Gutter Replacement LF 68 $100.00 $6,800.00
106 Sidewalk Replacement SF 320 $20.00 $6,400.00
107 Sawcut and Remove Existing Pavement LS 1 $350,000.00 $350,000.00 108 Abandonment of Water Lines and Services LS 1 $24,000.00 $24,000.00 109 Restore Traffic Striping, Crosswalks & LS 1 $30,000.00 $30,000.00 Markings
110 6-in PVC Pipe (DR18) LF 345 $220.00 $75,900.00
111 6-in Gate Valve EA 9 $2,800.00 $25,200.00
112 8-in PVC Pipe (DR18) LF 1075 $95.00 $102,125.00
113 8-in Gate Valve EA 7 $3,500.00 $24,500.00
114 8-in to 6-in Reducer EA 2 $500.00 $1,000.00
115 12-in PVC Pipe (DR18) LF 2549 $145.00 $369,605.00
116 12-in Butterfly Valve EA 18 $5,000.00 $90,000.00
117 12-in to 10-in Reducer EA 1 $1,000.00 $1,000.00
118 Connect to Existing 10" Water Main EA 1 $10,000.00 $10,000.00 119 Fire Hydrant Assembly EA 8 $9,000.00 $72,000.00
120 Remove & Dispose Fire Hydrant, Bury, & 6- EA 6 $1,000.00 $6,000.00 in Gate Valve
121 1-in Water Service (w/Meter Box) EA 17 $2,800.00 $47,600.00 122 1-in Water Service (no Meter Box) EA 1 $2,200.00 $2,200.00 123 2-in Water Service (w/Meter Box) EA 4 $3,600.00 $14,400.00 124 3-in Water Service (w/Meter Box) EA 1 $5,300.00 $5,300.00 125 Hot Mix Asphalt TON 679 $100.00 $67,900.00
126 Class II Aggregate Base CY 2436 $40.00 $97,440.00
127 Alley Driveway Concrete Patch Repair EA 1 $3,200.00 $3,200.00 128 Bollards LS 1 $3,700.00 $3,700.00
Total: $7,981,830.00
Teichert Construction
(916) 767-6400 400 Sunrise Ave, Suite 300, Roseville CA, 95661 Base Bid
1 Shoring, Bracing and Sheeting LS 1 $591,000.00 $591,000.00 #24..
- 947 -

Item # Item Description Units Quantity Unit Price Extension 2 Demolition and Disposal (Including Sewer & LS 1 $693,900.00 $693,900.00 Storm Abandonment)
3 10-inch Sewer Main LF 580 $295.00 $171,100.00
4 8-inch Sewer Main LF 4000 $265.00 $1,060,000.00
5 Sewer Laterals and Clean-outs (4-inch & 6- EA 14 $2,300.00 $32,200.00 inch)
6 48-inch Sewer Manhole EA 13 $19,200.00 $249,600.00
7 48-inch Drop Sewer Manhole EA 3 $24,600.00 $73,800.00 8 Connect to Existing Sanitary Sewer EA 3 $5,800.00 $17,400.00 Manhole & Cleanout
9 Curb & Gutter Restoration LF 450 $58.00 $26,100.00
10 Sidewalk, Ramps & Driveways Restoration SF 4000 $11.00 $44,000.00 11 Hot Mix Asphalt TON 5700 $123.00 $701,100.00
12 Class II Aggregate Base CY 10000 $43.00 $430,000.00
13 Traffic Control LS 1 $797,300.00 $797,300.00
14 Road Striping LS 1 $26,350.00 $26,350.00
15 CCTV Pipeline Inspection LF 4580 $3.00 $13,740.00
16 Concrete Lift Station Structure, Pumps & LS 1 $389,200.00 $389,200.00 Appurtenances
17 Concrete Dry Vault LS 1 $49,000.00 $49,000.00
18 Concrete Slab (at Lift Station) SF 900 $29.00 $26,100.00 19 6-inch PVC Pipe (DR18) for Force Main LF 800 $218.00 $174,400.00 20 6-inch DIP for Force Main LF 50 $570.00 $28,500.00
21 48-inch Sewer Force Main Manhole EA 2 $25,900.00 $51,800.00 22 60-inch Sewer Force Main Manhole EA 1 $30,900.00 $30,900.00 23 Air & Vacuum Relief Valves EA 2 $2,600.00 $5,200.00
24 Fittings, Valves and Pipe Supports LS 1 $66,700.00 $66,700.00 25 Hatches (H20 Rated) EA 2 $8,700.00 $17,400.00
26 Electrical LS 1 $667,000.00 $667,000.00
27 Iron Fence & Gates LS 1 $93,000.00 $93,000.00
28 CMU Fence Wall LS 1 $25,100.00 $25,100.00
29 Concrete Drive Approach EA 3 $7,900.00 $23,700.00
30 Miscellaneous Landscaping LS 1 $8,500.00 $8,500.00
31 Stormwater Filter System EA 2 $107,500.00 $215,000.00 32 12-inch Storm Main LF 320 $333.00 $106,560.00
33 18-inch Storm Main LF 540 $408.00 $220,320.00
34 48-inch Storm Manhole EA 4 $10,700.00 $42,800.00
35 Rockwells EA 10 $21,200.00 $212,000.00
36 Structural Calculations LS 1 $15,000.00 $15,000.00
37 Monument Preservation LS 1 $5,500.00 $5,500.00
38 Storm Catch Basin EA 2 $7,300.00 $14,600.00
39 Stormwater Pollution Prevention Plan LS 1 $18,000.00 $18,000.00 (SWPPP)
101 Stormwater Pollution Prevention Plan LS 1 $6,000.00 $6,000.00 (SWPPP)
102 Traffic Control and Signage LS 1 $143,000.00 $143,000.00 103 Monument Preservation LS 1 $1,100.00 $1,100.00
104 Shoring, Bracing and Sheeting LS 1 $25,000.00 $25,000.00 105 Curb & Gutter Replacement LF 68 $148.00 $10,064.00
106 Sidewalk Replacement SF 320 $38.00 $12,160.00
107 Sawcut and Remove Existing Pavement LS 1 $89,000.00 $89,000.00 108 Abandonment of Water Lines and Services LS 1 $32,000.00 $32,000.00 109 Restore Traffic Striping, Crosswalks & LS 1 $21,265.00 $21,265.00 Markings
#24..
- 948 -

Item # Item Description Units Quantity Unit Price Extension 110 6-in PVC Pipe (DR18) LF 345 $170.00 $58,650.00
111 6-in Gate Valve EA 9 $2,450.00 $22,050.00
112 8-in PVC Pipe (DR18) LF 1075 $138.00 $148,350.00
113 8-in Gate Valve EA 7 $2,950.00 $20,650.00
114 8-in to 6-in Reducer EA 2 $735.00 $1,470.00
115 12-in PVC Pipe (DR18) LF 2549 $177.00 $451,173.00
116 12-in Butterfly Valve EA 18 $5,000.00 $90,000.00
117 12-in to 10-in Reducer EA 1 $1,790.00 $1,790.00
118 Connect to Existing 10" Water Main EA 1 $6,450.00 $6,450.00 119 Fire Hydrant Assembly EA 8 $5,350.00 $42,800.00
120 Remove & Dispose Fire Hydrant, Bury, & 6- EA 6 $600.00 $3,600.00 in Gate Valve
121 1-in Water Service (w/Meter Box) EA 17 $2,300.00 $39,100.00 122 1-in Water Service (no Meter Box) EA 1 $2,450.00 $2,450.00 123 2-in Water Service (w/Meter Box) EA 4 $4,750.00 $19,000.00 124 3-in Water Service (w/Meter Box) EA 1 $15,200.00 $15,200.00 125 Hot Mix Asphalt TON 679 $130.00 $88,270.00
126 Class II Aggregate Base CY 2436 $43.00 $104,748.00
127 Alley Driveway Concrete Patch Repair EA 1 $3,500.00 $3,500.00 128 Bollards LS 1 $2,200.00 $2,200.00
Total: $8,894,910.00
McGuire and Hester
(510) 632-7676 9009 Railroad Ave, Oakland CA, 94603
Base Bid
1 Shoring, Bracing and Sheeting LS 1 $200,000.00 $200,000.00 2 Demolition and Disposal (Including Sewer & LS 1 $30,000.00 $30,000.00 Storm Abandonment)
3 10-inch Sewer Main LF 580 $370.00 $214,600.00
4 8-inch Sewer Main LF 4000 $280.00 $1,120,000.00
5 Sewer Laterals and Clean-outs (4-inch & 6- EA 14 $7,000.00 $98,000.00 inch)
6 48-inch Sewer Manhole EA 13 $22,000.00 $286,000.00
7 48-inch Drop Sewer Manhole EA 3 $30,000.00 $90,000.00 8 Connect to Existing Sanitary Sewer EA 3 $3,000.00 $9,000.00 Manhole & Cleanout
9 Curb & Gutter Restoration LF 450 $100.00 $45,000.00
10 Sidewalk, Ramps & Driveways Restoration SF 4000 $25.00 $100,000.00 11 Hot Mix Asphalt TON 5700 $140.00 $798,000.00
12 Class II Aggregate Base CY 10000 $105.00 $1,050,000.00 13 Traffic Control LS 1 $765,000.00 $765,000.00
14 Road Striping LS 1 $27,000.00 $27,000.00
15 CCTV Pipeline Inspection LF 4580 $9.00 $41,220.00
16 Concrete Lift Station Structure, Pumps & LS 1 $460,000.00 $460,000.00 Appurtenances
17 Concrete Dry Vault LS 1 $70,000.00 $70,000.00
18 Concrete Slab (at Lift Station) SF 900 $19.00 $17,100.00 19 6-inch PVC Pipe (DR18) for Force Main LF 800 $180.00 $144,000.00 20 6-inch DIP for Force Main LF 50 $370.00 $18,500.00
21 48-inch Sewer Force Main Manhole EA 2 $24,000.00 $48,000.00 #24..
- 949 -

Item # Item Description Units Quantity Unit Price Extension 22 60-inch Sewer Force Main Manhole EA 1 $30,000.00 $30,000.00 23 Air & Vacuum Relief Valves EA 2 $3,000.00 $6,000.00
24 Fittings, Valves and Pipe Supports LS 1 $60,000.00 $60,000.00 25 Hatches (H20 Rated) EA 2 $12,000.00 $24,000.00
26 Electrical LS 1 $650,000.00 $650,000.00
27 Iron Fence & Gates LS 1 $80,000.00 $80,000.00
28 CMU Fence Wall LS 1 $32,000.00 $32,000.00
29 Concrete Drive Approach EA 3 $4,500.00 $13,500.00
30 Miscellaneous Landscaping LS 1 $12,000.00 $12,000.00 31 Stormwater Filter System EA 2 $110,000.00 $220,000.00 32 12-inch Storm Main LF 320 $360.00 $115,200.00
33 18-inch Storm Main LF 540 $460.00 $248,400.00
34 48-inch Storm Manhole EA 4 $17,000.00 $68,000.00
35 Rockwells EA 10 $25,000.00 $250,000.00
36 Structural Calculations LS 1 $5,000.00 $5,000.00
37 Monument Preservation LS 1 $10,000.00 $10,000.00
38 Storm Catch Basin EA 2 $9,000.00 $18,000.00
39 Stormwater Pollution Prevention Plan LS 1 $10,000.00 $10,000.00 (SWPPP)
101 Stormwater Pollution Prevention Plan LS 1 $10,000.00 $10,000.00 (SWPPP)
102 Traffic Control and Signage LS 1 $100,000.00 $100,000.00 103 Monument Preservation LS 1 $5,000.00 $5,000.00
104 Shoring, Bracing and Sheeting LS 1 $20,000.00 $20,000.00 105 Curb & Gutter Replacement LF 68 $140.00 $9,520.00
106 Sidewalk Replacement SF 320 $30.00 $9,600.00
107 Sawcut and Remove Existing Pavement LS 1 $20,000.00 $20,000.00 108 Abandonment of Water Lines and Services LS 1 $80,000.00 $80,000.00 109 Restore Traffic Striping, Crosswalks & LS 1 $21,000.00 $21,000.00 Markings
110 6-in PVC Pipe (DR18) LF 345 $300.00 $103,500.00
111 6-in Gate Valve EA 9 $2,500.00 $22,500.00
112 8-in PVC Pipe (DR18) LF 1075 $185.00 $198,875.00
113 8-in Gate Valve EA 7 $3,500.00 $24,500.00
114 8-in to 6-in Reducer EA 2 $1,000.00 $2,000.00
115 12-in PVC Pipe (DR18) LF 2549 $230.00 $586,270.00
116 12-in Butterfly Valve EA 18 $6,400.00 $115,200.00
117 12-in to 10-in Reducer EA 1 $2,000.00 $2,000.00
118 Connect to Existing 10" Water Main EA 1 $25,000.00 $25,000.00 119 Fire Hydrant Assembly EA 8 $10,000.00 $80,000.00
120 Remove & Dispose Fire Hydrant, Bury, & 6- EA 6 $1,500.00 $9,000.00 in Gate Valve
121 1-in Water Service (w/Meter Box) EA 17 $5,000.00 $85,000.00 122 1-in Water Service (no Meter Box) EA 1 $5,000.00 $5,000.00 123 2-in Water Service (w/Meter Box) EA 4 $8,500.00 $34,000.00 124 3-in Water Service (w/Meter Box) EA 1 $11,000.00 $11,000.00 125 Hot Mix Asphalt TON 679 $200.00 $135,800.00
126 Class II Aggregate Base CY 2436 $130.00 $316,680.00 127 Alley Driveway Concrete Patch Repair EA 1 $4,000.00 $4,000.00 128 Bollards LS 1 $10,000.00 $10,000.00
Total: $9,528,965.00
#24..
- 950 -

Item # Item Description Units Quantity Unit Price Extension Mountain Cascade Inc.
(925) 373-8370 555 Exchange Court, Livermore, CA 94551
Base Bid
1 Shoring, Bracing and Sheeting LS 1 $50,000.00 $50,000.00 2 Demolition and Disposal (Including Sewer & LS 1 $1,192,000.00 $1,192,000.00 Storm Abandonment)
3 10-inch Sewer Main LF 580 $350.00 $203,000.00
4 8-inch Sewer Main LF 4000 $316.00 $1,264,000.00
5 Sewer Laterals and Clean-outs (4-inch & 6- EA 14 $10,000.00 $140,000.00 inch)
6 48-inch Sewer Manhole EA 13 $30,000.00 $390,000.00
7 48-inch Drop Sewer Manhole EA 3 $35,000.00 $105,000.00 8 Connect to Existing Sanitary Sewer EA 3 $7,400.00 $22,200.00 Manhole & Cleanout
9 Curb & Gutter Restoration LF 450 $95.00 $42,750.00
10 Sidewalk, Ramps & Driveways Restoration SF 4000 $14.00 $56,000.00 11 Hot Mix Asphalt TON 5700 $130.00 $741,000.00
12 Class II Aggregate Base CY 10000 $55.00 $550,000.00
13 Traffic Control LS 1 $90,000.00 $90,000.00
14 Road Striping LS 1 $25,000.00 $25,000.00
15 CCTV Pipeline Inspection LF 4580 $2.00 $9,160.00
16 Concrete Lift Station Structure, Pumps & LS 1 $450,000.00 $450,000.00 Appurtenances
17 Concrete Dry Vault LS 1 $45,000.00 $45,000.00
18 Concrete Slab (at Lift Station) SF 900 $40.00 $36,000.00 19 6-inch PVC Pipe (DR18) for Force Main LF 800 $215.00 $172,000.00 20 6-inch DIP for Force Main LF 50 $425.00 $21,250.00
21 48-inch Sewer Force Main Manhole EA 2 $30,000.00 $60,000.00 22 60-inch Sewer Force Main Manhole EA 1 $37,000.00 $37,000.00 23 Air & Vacuum Relief Valves EA 2 $5,000.00 $10,000.00 24 Fittings, Valves and Pipe Supports LS 1 $25,000.00 $25,000.00 25 Hatches (H20 Rated) EA 2 $7,000.00 $14,000.00
26 Electrical LS 1 $653,046.00 $653,046.00
27 Iron Fence & Gates LS 1 $20,000.00 $20,000.00
28 CMU Fence Wall LS 1 $30,000.00 $30,000.00
29 Concrete Drive Approach EA 3 $7,000.00 $21,000.00
30 Miscellaneous Landscaping LS 1 $15,000.00 $15,000.00 31 Stormwater Filter System EA 2 $135,000.00 $270,000.00 32 12-inch Storm Main LF 320 $230.00 $73,600.00
33 18-inch Storm Main LF 540 $295.00 $159,300.00
34 48-inch Storm Manhole EA 4 $24,000.00 $96,000.00
35 Rockwells EA 10 $37,000.00 $370,000.00
36 Structural Calculations LS 1 $5,000.00 $5,000.00
37 Monument Preservation LS 1 $5,000.00 $5,000.00
38 Storm Catch Basin EA 2 $9,500.00 $19,000.00
39 Stormwater Pollution Prevention Plan LS 1 $11,000.00 $11,000.00 (SWPPP)
101 Stormwater Pollution Prevention Plan LS 1 $6,000.00 $6,000.00 (SWPPP)
102 Traffic Control and Signage LS 1 $12,500.00 $12,500.00 103 Monument Preservation LS 1 $10,000.00 $10,000.00
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Item # Item Description Units Quantity Unit Price Extension 104 Shoring, Bracing and Sheeting LS 1 $5,000.00 $5,000.00 105 Curb & Gutter Replacement LF 68 $95.00 $6,460.00
106 Sidewalk Replacement SF 320 $15.00 $4,800.00
107 Sawcut and Remove Existing Pavement LS 1 $175,000.00 $175,000.00 108 Abandonment of Water Lines and Services LS 1 $200,000.00 $200,000.00 109 Restore Traffic Striping, Crosswalks & LS 1 $30,000.00 $30,000.00 Markings
110 6-in PVC Pipe (DR18) LF 345 $290.00 $100,050.00
111 6-in Gate Valve EA 9 $3,000.00 $27,000.00
112 8-in PVC Pipe (DR18) LF 1075 $220.00 $236,500.00
113 8-in Gate Valve EA 7 $4,000.00 $28,000.00
114 8-in to 6-in Reducer EA 2 $430.00 $860.00
115 12-in PVC Pipe (DR18) LF 2549 $378.00 $963,522.00
116 12-in Butterfly Valve EA 18 $5,800.00 $104,400.00
117 12-in to 10-in Reducer EA 1 $1,700.00 $1,700.00
118 Connect to Existing 10" Water Main EA 1 $13,500.00 $13,500.00 119 Fire Hydrant Assembly EA 8 $12,000.00 $96,000.00
120 Remove & Dispose Fire Hydrant, Bury, & 6- EA 6 $3,000.00 $18,000.00 in Gate Valve
121 1-in Water Service (w/Meter Box) EA 17 $10,000.00 $170,000.00 122 1-in Water Service (no Meter Box) EA 1 $8,000.00 $8,000.00 123 2-in Water Service (w/Meter Box) EA 4 $9,500.00 $38,000.00 124 3-in Water Service (w/Meter Box) EA 1 $20,000.00 $20,000.00 125 Hot Mix Asphalt TON 679 $130.00 $88,270.00
126 Class II Aggregate Base CY 2436 $55.00 $133,980.00
127 Alley Driveway Concrete Patch Repair EA 1 $8,500.00 $8,500.00 128 Bollards LS 1 $20,000.00 $20,000.00
Total: $10,024,348.00
Engineer's Estimate
1 Shoring, Bracing and Sheeting LS 1 $200,000.00 $200,000.00 2 Demolition and Disposal (Including Sewer & LS 1 $100,000.00 $100,000.00 Storm Abandonment)
3 10-inch Sewer Main LF 580 $200.00 $116,000.00
4 8-inch Sewer Main LF 4000 $125.00 $500,000.00
5 Sewer Laterals and Clean-outs (4-inch & 6- EA 14 $5,000.00 $70,000.00 inch)
6 48-inch Sewer Manhole EA 13 $15,000.00 $195,000.00
7 48-inch Drop Sewer Manhole EA 3 $20,000.00 $60,000.00 8 Connect to Existing Sanitary Sewer EA 3 $30,000.00 $90,000.00 Manhole & Cleanout
9 Curb & Gutter Restoration LF 450 $50.00 $22,500.00
10 Sidewalk, Ramps & Driveways Restoration SF 4000 $50.00 $200,000.00 11 Hot Mix Asphalt TON 5700 $180.00 $1,026,000.00
12 Class II Aggregate Base CY 10000 $90.00 $900,000.00
13 Traffic Control LS 1 $400,000.00 $400,000.00
14 Road Striping LS 1 $145,900.00 $145,900.00
15 CCTV Pipeline Inspection LF 4580 $15.00 $68,700.00
16 Concrete Lift Station Structure, Pumps & LS 1 $150,000.00 $150,000.00 Appurtenances
17 Concrete Dry Vault LS 1 $10,000.00 $10,000.00
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Item # Item Description Units Quantity Unit Price Extension 18 Concrete Slab (at Lift Station) SF 900 $50.00 $45,000.00 19 6-inch PVC Pipe (DR18) for Force Main LF 800 $150.00 $120,000.00 20 6-inch DIP for Force Main LF 50 $250.00 $12,500.00
21 48-inch Sewer Force Main Manhole EA 2 $30,000.00 $60,000.00 22 60-inch Sewer Force Main Manhole EA 1 $25,000.00 $25,000.00 23 Air & Vacuum Relief Valves EA 2 $5,000.00 $10,000.00 24 Fittings, Valves and Pipe Supports LS 1 $75,000.00 $75,000.00 25 Hatches (H20 Rated) EA 2 $10,000.00 $20,000.00
26 Electrical LS 1 $300,000.00 $300,000.00
27 Iron Fence & Gates LS 1 $50,000.00 $50,000.00
28 CMU Fence Wall LS 1 $60,000.00 $60,000.00
29 Concrete Drive Approach EA 3 $15,000.00 $45,000.00
30 Miscellaneous Landscaping LS 1 $50,000.00 $50,000.00 31 Stormwater Filter System EA 2 $45,000.00 $90,000.00
32 12-inch Storm Main LF 320 $250.00 $80,000.00
33 18-inch Storm Main LF 540 $250.00 $135,000.00
34 48-inch Storm Manhole EA 4 $10,000.00 $40,000.00
35 Rockwells EA 10 $12,000.00 $120,000.00
36 Structural Calculations LS 1 $23,400.00 $23,400.00
37 Monument Preservation LS 1 $30,000.00 $30,000.00
38 Storm Catch Basin EA 2 $20,000.00 $40,000.00
39 Stormwater Pollution Prevention Plan LS 1 $15,000.00 $15,000.00 (SWPPP)
101 Stormwater Pollution Prevention Plan LS 1 $11,000.00 $11,000.00 (SWPPP)
102 Traffic Control and Signage LS 1 $21,900.00 $21,900.00 103 Monument Preservation LS 1 $25,000.00 $25,000.00
104 Shoring, Bracing and Sheeting LS 1 $10,000.00 $10,000.00 105 Curb & Gutter Replacement LF 68 $100.00 $6,800.00
106 Sidewalk Replacement SF 320 $25.00 $8,000.00
107 Sawcut and Remove Existing Pavement LS 1 $32,800.00 $32,800.00 108 Abandonment of Water Lines and Services LS 1 $13,700.00 $13,700.00 109 Restore Traffic Striping, Crosswalks & LS 1 $6,600.00 $6,600.00 Markings
110 6-in PVC Pipe (DR18) LF 345 $90.00 $31,050.00
111 6-in Gate Valve EA 9 $1,800.00 $16,200.00
112 8-in PVC Pipe (DR18) LF 1075 $125.00 $134,375.00
113 8-in Gate Valve EA 7 $2,200.00 $15,400.00
114 8-in to 6-in Reducer EA 2 $300.00 $600.00
115 12-in PVC Pipe (DR18) LF 2549 $150.00 $382,350.00
116 12-in Butterfly Valve EA 18 $4,000.00 $72,000.00
117 12-in to 10-in Reducer EA 1 $600.00 $600.00
118 Connect to Existing 10" Water Main EA 1 $2,500.00 $2,500.00 119 Fire Hydrant Assembly EA 8 $5,000.00 $40,000.00
120 Remove & Dispose Fire Hydrant, Bury, & 6- EA 6 $1,200.00 $7,200.00 in Gate Valve
121 1-in Water Service (w/Meter Box) EA 17 $1,900.00 $32,300.00 122 1-in Water Service (no Meter Box) EA 1 $500.00 $500.00 123 2-in Water Service (w/Meter Box) EA 4 $2,300.00 $9,200.00 124 3-in Water Service (w/Meter Box) EA 1 $2,600.00 $2,600.00 125 Hot Mix Asphalt TON 679 $150.00 $101,850.00
126 Class II Aggregate Base CY 2436 $100.00 $243,600.00 #24..
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Item # Item Description Units Quantity Unit Price Extension 127 Alley Driveway Concrete Patch Repair EA 1 $500.00 $500.00 128 Bollards LS 1 $500.00 $500.00
Total: $6,929,125.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
Date: August 18, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement with Carollo Engineers, Inc.

Engineering Services for West Trunk Rehabilitation Project CONTACT: Cristian Ciotau, Senior Civil Engineer, [email protected], 209-577-5260 DESCRIPTION:

Consider approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the West Trunk Rehabilitation Project in the amount of $984,404 for the identified scope of services, plus $98,440 in additional services, if needed, for a total amount not to exceed $1,082,844. (Funding Source: Wastewater Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The West Trunk is one of the City’s five major trunk lines that convey flows to the Sutter Avenue Primary Treatment Plant. The West Trunk is approximately 8.9 miles long and conveys approximately 35 percent of the City’s total average dry weather flow. The measured flows taken during the Sewer Flow Monitoring & Inflow/Infiltration Study were 5.9 million gallons per day (MGD) (Average Flow) and 15.2 MGD (Peak Wet Weather Flow).

The City of Modesto’s Wastewater Collection System Master Plan (WWCMP) includes the rehabilitation of the West Trunk from the Woodland Lift Station to the Dryden Box at the Sutter Wastewater Treatment Plant, identified as project “C-1”, and was created after a condition assessment concluded that the unlined reinforced concrete pipe (RCP) was beginning to show missing or protruding aggregate in the crown area. The key objective of this project is to preserve existing pipe integrity and extend its useful life.

The pipelines are 54 inches to 60 inches in diameter with a total length of nearly 25,000 linear feet. Due to budget restrictions, the project will be phased. This first phase of the project is #25..
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Agreement with Carollo Engineers, Inc.

Engineering Services for West Trunk Rehabilitation Project

approximately 6,500 linear feet and 9 manholes. It will start at the Dryden Box and conclude upstream at Carpenter Road.

In addition to the West Trunk portion, in the city’s condition assessment report, project “A-3” is considered a high priority rehabilitation project. Though it was labeled as West Trunk in the report, “A-3” is part of the Emerald Trunk. The pipe to be replaced is approximately 3,000 linear feet and 10 manholes. The measured flows were 0.57 MGD (Average Flow) and 1.60 MGD (Peak Wet Weather Flow). The existing pipe line is 18-inch unlined RCP, and starts near the intersection of Coldwell Avenue and N. 9th Street and concludes upstream at W. Roseburg Avenue and Carver Road.

Also, during the recent construction of the Headworks and Dryden Box Project (2020-2021), the contractor observed extreme corrosion in an approximately 100-foot section of unlined 60” RCP at the Sutter Plant. This segment will need to be rehabilitated as part of this project.

In addition to the requirements in the RFP, the City has requested services to address items that necessitate immediate attention. These items are the Sutter Outfall Pipeline Rehabilitation and an update to the Operation Guidance Model. These tasks were not included in the original RFP because the issues arose after the RFP due date.

The Sutter Outfall Pipeline has required emergency repairs twice in the past several months.

The last leak was detected in early May 2022. The pipeline’s crown (top of pipe) has severe deterioration from the hydrogen sulfide gases in the wastewater flow. The type of rehabilitation required for this pipeline is identical to the one specified for the trunks in the RFP.

The Operational Guidance Model is an operation and maintenance support system for wastewater treatment processes. The program needs updating and recalibration since the City has had recent changes and needs additional scenarios modeled.

DISCUSSION:

In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Proposal (RFP) was sent to four (4) pre-qualified consultants for engineering design services for Wastewater Capital Improvement Program projects.

On March 1, 2022, staff received and distributed four (4) proposals to a selection committee consisting of Utilities engineering and operations staff. The selection committee evaluated the proposals and determined Carollo Engineers Inc., Walnut Creek, CA to be the most qualified and responsive. Carollo’s sealed proposal costs were opened after the selection ranking had been finalized. Carollo’s proposal cost and scope were reviewed and negotiated to provide design and bid period services.

Based on requirements as outlined in the West Trunk Rehabilitation RFP, services for the Rehabilitation of the Outfall Pipeline and the update to staff’s Operation Guidance Model, Carollo has developed a scope of services for the final design.

The scope of services to be provided under this agreement include:
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Agreement with Carollo Engineers, Inc.

Engineering Services for West Trunk Rehabilitation Project

 Project Management and Administration
 Construction Documents
 Public Outreach
 Permitting
 Engineering Support During Construction
In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. However, staff proceeded through an RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of the agreement with Carollo Engineers for Engineering Design services for the West Trunk Rehabilitation Project.

FISCAL IMPACT:

Total estimated cost for engineering services for the agreement, including engineering, design and administration by City staff, is $1,332,844, and funding is available in the current FY 2022- 23 Capital Improvement Program budget in CIP Account:
101094 – UTL.Wastewater Engineering Design “West Trunk Rehabilitation” ANTICIPATED PROJECT EXPENDITURES:

Construction $10,000,000
Construction Contingency (10%) $1,000,000
Construction Administration – City Staff (10%) $1,000,000 Final Design Services Agreement – Carollo $984,404
10% additional services, in needed $98,440
Engineering/Design/Admin Support – City staff (2.5%) $250,000 TOTAL ANTICIPATED CONSTRUCTION EXPENDITURES: $13,332,844 COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on August 10, 2022 where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the West Trunk Rehabilitation Project in the amount of $984,404 for the identified scope of services, plus $98,440 in additional services, if needed, for a total amount not to exceed $1,082,844 and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
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Agreement with Carollo Engineers, Inc.

Engineering Services for West Trunk Rehabilitation Project

Attachment:

1. Resolution

2. Carollo - Agreement

3. Carollo - Exhibits to Agreement
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1 2022-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT WITH CAROLLO
ENGINEERS, INC., WALNUT CREEK, CA, FOR ENGINEERING SERVICES

FOR THE WEST TRUNK REHABILITATION PROJECT IN THE AMOUNT OF $984,404 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $98,440 IN

ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $1,082,844 AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the West Trunk is one of the City’s five major trunk lines that convey flows to the Sutter Avenue Wastewater Treatment Plant, and WHEREAS, the Wastewater Collection System Master Plan (WWCMP) includes the rehabilitation of the West Trunk from the Woodland Lift Station to the Dryden Box at the Sutter Wastewater Treatment Plant, and
WHEREAS, the main objective of this high priority rehabilitation project is to preserve existing pipe integrity and extend its useful life, and WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement, and
WHEREAS, staff recommends approval of an agreement with Carollo Engineers, Inc., of Walnut Creek, CA for Engineering Services for the West Trunk Rehabilitation Project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with Carollo Engineers, Inc., of Walnut Creek, CA for Engineering Services for the West Trunk Rehabilitation Project in the amount of #25..
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2 2022-XXX
$984,404, for the identified scope of services, plus $98,440 in additional services, if needed, for a total not to exceed amount of $1,082,844.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13h day of September, 2022, by Councilmember XXX, who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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ENGINEERING SERVICES AGREEMENT FOR THE

WEST TRUNK REHABILITATION PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CAROLLO ENGINEERS, INC., a Delaware corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Services are necessary for the West Trunk Rehabilitation Project.

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

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #25..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed NINE HUNDRED EIGHTY-FOUR THOUSAND FOUR HUNDRED FOUR AND 00/100 DOLLARS ($984,404) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #25..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or NINETYEIGHT THOUSAND FOUR HUNDRED FORTY AND 00/100 DOLLARS ($98,440). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE MILLION EIGHTY-TWO THOUSAND EIGHT HUNDRED FORTY-FOUR AND 00/100 DOLLARS ($1,082,844). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
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In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates.

Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant’s services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant’s time of performance and cost of Consultant’s personnel and subcontractors may be made.

5. OBLIGATIONS OF CITY.

The City shall furnish Consultant available studies, reports, and other data pertinent to Consultant’s services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant’s services hereunder, and Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing Consultant’s services under this agreement.

6. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that Jonathon Marshall, will be the person primarily responsible for the performance of the services referred to in this Agreement.

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

7. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

Documents, including drawings and specifications, prepared by Consultant pursuant to this assignment are not intended or represented to be suitable for reuse by the City or others for this Project or on any other project. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by Consultant for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to Consultant.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. #25..
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All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

8. NEWS AND INFORMATION RELEASE.

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

9. INTEREST OF CONTRACTOR.

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

10. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. #25..
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Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

11. INDEPENDENT CONTRACTOR.

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

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

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

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

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

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing #25..
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other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

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

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

12. ASSIGNMENT.

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

13. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the #25..
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performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

14. NOTICES.

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

FOR CONSULTANT: Name: Carollo Engineers, Inc.

Address: 2795 Mitchell Drive
Walnut Creek, CA 94598
Attention: Jonathon Marshall
Phone: (925) 932-1710
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Cristian Ciotau
Phone: (209) 577-5260
Email: [email protected]

15. INSURANCE REQUIREMENTS.
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The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or reduction in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall #25..
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be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising #25..
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from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

16. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not #25..
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be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, #25..
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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 subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
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unacceptable and/or not useful to City as of the termination date.

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

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

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

18. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.

However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

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

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the #25..
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arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

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

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

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving #25..
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the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

20. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

21. PARTIAL INVALIDITY.

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

22. 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. #25..
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23. AUDIT.

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

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

24. GOVERNING LAW.

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

25. HEADINGS NOT CONTROLLING.

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

26. COMPLIANCE WITH LAWS.

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

27. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

28. THIRD PARTIES.
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The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant’s performance of its services hereunder, and no right to assert a claim against Consultant by assignment or indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant’s services hereunder.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and CAROLLO ENGINEERS, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. #25..
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Scope of Services
TASK 1 – PROJECT MANAGEMENT
This task includes project administration, kick off workshop, and quality control.

Task 1.01 – Project Administration
Carollo will administer the project and subconsultant to maintain the project schedule and budget.

The project progress and budget status will be included in monthly progress reports that will be attached to billing invoices. The monthly progress report will include a list of key work activities completed for the time period.

Task 1.02 – Project Kickoff Workshop
The project kickoff will include a workshop reviewing rehabilitation alternatives, hydraulics, pros and cons of alternatives with the objective of selecting a preferred alternative to advance into final design. Work will include preparing meeting agendas, presentation slides, and meeting minutes to document selection of the preferred alternative. The workshop will take place at the City’s offices.

Task 1.03 –Quality Control Review
Carollo will implement a quality control program to review each deliverable submitted to the City.

Each deliverable will be reviewed for both technical accuracy and overall quality of work.

Task 1 Deliverables
• Monthly billing and status reports (total of 18).
• Project kickoff workshop materials and meeting minutes.

Task 1 Assumptions
• Bi-weekly project progress meetings are not included. • The kickoff workshop will take the place of a Basis of Design Report and a preferred alternative for final design will be selected.

TASK 2 – FIELD INVESTIGATIONS
Task 2.01 – Conduct Existing Utility Research
Carollo will perform existing utility research within the project area where excavations are planned in accordance with the American Society of Civil Engineers (ASCE) 38-02 - Level “C” standard guidelines. Carollo will also develop utility coordination letters and provide them to all known utility owners.

Task 2.02 – Land Survey
The City will perform surveying including rim, inverts, and northing/eastings of sewer manholes and elevations at key points along the alignment, such as where new manholes are planned.

Carollo will provide the City with a figure in Google Earth identifying locations for survey points.

Approximately 40 total survey points are anticipated to be needed for the West Trunk, Emerald Truck, and Sutter Plant work.

EXHIBIT A
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Task 2.03 – Conduct Manhole Condition Assessment
The Project will include condition assessment of all manholes on the West Trunk and Emerald Trunk in areas where the pipeline is planned to be rehabilitated. A Level 1 inspection will be performed by National Plant Services NASSCO MACP certified personnel.

Task 2 Deliverables:
• Google Earth figure of locations for the City to survey. • Manhole condition assessment report and data (electronic files).

Task 2 Assumptions:
• Geotechnical investigations will not be performed, and existing geotechnical information will be relied upon.

TASK 3 – PERMITTING ASSISTANCE
Task 3.01 – Encroachment Permit Coordination
Carollo will assist the City in obtaining draft permits for work within the City and County rights-ofway. Carollo will develop permit application packages. Contractor will be responsible for obtaining permits and paying fees.

Application fees, if any, will be paid by the City. Per the RFP, the City is responsible for all aspects of environmental clearance; therefore, no hours have been budgeted for assisting the City obtain environmental clearance.

Task 3.02 – Public Outreach Meetings
Carollo will attend and present at one public outreach meeting, as requested by the City. Carollo will assist the City in taking design information already created in other tasks and formatting it into a presentation.

Task 3 Deliverables:
• Permit coordination and submittal packages (electronic files).

TASK 4 – DEVELOP CONSTRUCTION DOCUMENTS
This task will develop final plans, specifications, and cost estimate (PS&E) submittal packages for the project. The City will provide Specifications Division 00 and 01 and Carollo will provide the technical specifications.

Task 4.01 – Develop 60 Percent PS&E Submittal Package
Carollo will complete a 60 percent PS&E document submittal under this task. Five copies of the plans (half- size), specifications, and estimate will be provided to the City for review.

Task 4.02 – Conduct 60 Percent PS&E Review Meeting
Carollo will conduct a review meeting to discuss the design components of the 60 percent PS&E documents after the City review period. The review meeting will take place at the City’s offices. The review meeting will focus on key items such as bypass pumping for the project.

EXHIBIT A
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Task 4.03 – Develop 90 Percent PS&E Submittal Package
Carollo will develop a 90 percent PS&E document submittal under this task. Five copies of the plans (half-size), specifications, and estimate will be provided to the City for review. Carollo will incorporate comments from the 60 percent review into the 90 percent PS&E package and provide a comment response log to the City.

Task 4.04 – Conduct 90 Percent PS&E Review Meeting
Carollo will conduct a review meeting to discuss the 90 percent PS&E submittal and any questions that the City may have after the review period. The review meeting will be held at the City offices.

Task 4.05 – Develop Final PS&E Submittal Package
Carollo will incorporate comments from the 90 percent review into the final PS&E package and provide a comment response log to the City. Five copies of the plans (half-size), specifications, and estimate to the City. This submittal will be for final bid-ready documents. Carollo will incorporate comments from the 90 percent review into the final PS&E package and provide a comment response log to the City.

Task 4 Deliverables:
• 60% PS&E submittal package (five hard copies and PDF). • 90% PS&E submittal package (five hard copies and PDF) and 60% review comment response log.
• Final PS&E submittal package (five hard copies and PDF) and 90% review comment response log.

Task 4 Assumptions:
• The City front end updates will be limited to project specific information such as bid items and descriptions, work restrictions, bid date, etc. Review and editing of standard front-end language will not be needed.
• City will provide existing documents and record drawings to be reviewed. • City will provide updated GIS files that show property lines throughout the City. • All permit fees to be paid directly by the City or Contractor.

TASK 5 – BID PHASE SERVICES
Task 5.01 – Attend Pre-Bid Meeting
Under this task, Carollo will attend a pre-bid meeting to answer questions and discuss the overall project intent. The City will facilitate this meeting and issue meeting minutes.

Task 5.02 – Answer Bidder Questions/ Provide Addenda
This task includes providing assistance to the City during the bidding period. The scope of work includes responding to bidders’ questions, preparing addenda to the contract documents during the advertisement period, and providing ongoing consultation and interpretation of the construction documents.

Task 5 Deliverables:

EXHIBIT A
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• Addendum as required (one assumed).

TASK 6 – ENGINEERING SERVICES DURING CONSTRUCTION
Task 6.01 – Attend Pre-Construction Conference
Carollo will attend the pre-construction conference and answer questions as directed by the City.

The City’s construction manager (CM) will lead the meeting and prepare meeting minutes. Carollo will review meeting minutes.

Task 6.02 – Review Contractor’s Submittals
This task will include review and comment on the acceptability of contractor’s submittals for the City.

Carollo will review and respond to product and shop drawing submittals provided by the contractor and forwarded by the CM. Review comments will be returned to the CM for processing and distribution to the contractor and other parties. Per the RFP, 60 submittals are budgeted.

Task 6.03 – Respond to Requests for Information (RFIs)
Carollo will respond to contractor’s RFIs. This scope also assumes the CM will consider and evaluate the validity of the RFIs, questions, and modification requests prior to forwarding them to Carollo. Per the RFP, 30 RFIs are budgeted.

Task 6.04 – Attend Construction Meetings and Site Visits Carollo will attend bi-weekly construction meetings (teleconference anticipated), conduct site visits (a total of ten site visits budgeted) to monitor construction progress, and remain available to expedite resolutions to project challenges.

Task 6.05 – Review Proposed Change Orders
Carollo will review changes in project scope and/or schedule, as requested by the CM. Carollo’s scope of work will include review of the contractor-furnished supporting information; discussions with contractor and CM in the field; and preparation of technical documents—including supplemental drawings, specifications, etc.—to assist the CM with the preparation of change orders.

Task 6.06 – Prepare Punch List
When the project has reached substantial completion, Carollo’s design staff will walk the project site with the CM, City staff, and contractor and establish a list of items (punch list) to be completed before final completion. This list will be issued to the CM to add to the CM’s punch list.

Task 6 Deliverables:
• Responses to submittals and RFIs.
• Recommended responses to change orders (up to 5 anticipated) Assumptions:
• City will manage and provide all bid package reproduction and delivery to prospective bidders.
• City to perform construction inspection and construction management services. • Utility potholing will be performed by the contractor during construction as needed. Utility potholing during design is not included.

EXHIBIT A
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• Construction is completed within 12 months.
• Bypass pumping and traffic control will be performance- based specifications. • Conformed documents and record documents are not required. • The city will prepare all division 00 and 01 specifications, per the RFP.

OPTIONAL TASK 7 – CONDUCT WEST TRUNK CONDITION ASSESSMENT Under this task, Carollo will conduct a field condition assessment using CCTV to assess the existing condition of the West Trunk pipeline within the project limits. The assessment will include NASSCOcertified staff to provide ratings based on the NASSCO ranking system for the pipeline segment.

Task 7 Deliverables:
• Pipeline condition assessment report and data (electronic file).

OPTIONAL TASK 8 – SUTTER OUTFALL PIPELINE REHABILITATION Under this task, Carollo will develop plans, specifications, and cost estimate (PS&E) submittal packages at the 60%, 90%, and final design stages for the project. The City will provide Specifications Division 00 and 01 and Carollo will provide the technical specifications. The design will include approximately 2,300 linear feet of carbon fiber reinforced pressure cured-in-placepressure-pipe(P-CIPP) along with approximately four (4) new pressure manholes. This task includes responding to RFIs and submittals for this work during the construction phase.

Task 8 Deliverables:
• Deliverables will be the same as Task 4 and will be submitted with Task 4 deliverables.

OPTIONAL TASK 9 – OPERATIONAL GUIDANCE MODEL UPDATES
Under this task, Carollo will update the Blue Plan-it® model with the following items:

1. Re-calibrate the Sutter model with additional data that City operations will provide Carollo.

2. Update model to run off MLSS concentration as well as SRT.

3. Use water balance model (provided by City) and incorporate into Blue Plan-it® so City can use for Ranch operations. The basic idea is to use Blue Plan-it® as a less complex interface with the water balance model.

4. Provide the City a loading model for the ranch, where acres of crops can be input, as well as typical flows and loadings to determine if the fields are under or overloaded based on WDR permit.

5. Add RAS flow values to input selection on Jennings model

6. Add the ability to take down 1 process like an aeration basin and have the model run to determine treatment capacity and what happens to MLSS concentration when the basin is drained into the process.

Task 9 Deliverables:
• Update Blue Plan-it® model with updated O&M manual for model.

EXHIBIT A
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Assumptions:
• City will provide additional data required for re-calibration • City will provide water balance model in an excel format.

EXHIBIT A
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Principal-InCharge
Technical
Advisor QA/QC Project Manager Project Engineer Design Engineer Modelling Lead Constructability Lead Professional Land Survey Geotechnical Condition Assessment Ryan Sellman Tim
Taylor Greg Gould Jon Marshall Reace Fisher Kyle Gourley / Anthony Cemo Ryan Orgill Keith Corcoran Programmer Walnut Creek Sacramento Las Vegas Walnut Creek Fresno Walnut Creek Reno Sacramento Sacramento Walnut Creek Walnut Creek Walnut Creek $290 $311 $311 $311 $268 $268 $290 $290 $245 $210 $151 $134 $ 13.00 Modesto Modesto Hayward 10% 1 1.01 Project Administration 48 48 14,928 $ 624$ $ - $ 300 $ 15,852

1.02 Project Kickoff Workshop 4 8 16 16 44 12,224 $ 572$ $ - $ 12,796

1.03 Quality Control Review 40 40 12,440 $ 520$ $ - $ 12,960 4 - 40 56 16 16 - - - - - 132 39,592 $ 1,716$ $ - $ - $ - $ - $ 300 $ 41,608 2 2.01 Conduct Existing Utility Research 8 8 $ 2,144 104$ $ - $ 150 $ 2,398

2.02 Land Survey 4 4 $ 1,072 52$ $ - $ 1,124

2.03 Conduct Manhole Condition Assessment 2 4 6 $ 1,694 78$ $ 6,000 $ 600 $ 8,372 - - - 2 8 8 - - - - - 18 $ 4,910 234$ $ - $ - $ 6,000 $ 600 $ 150 $ 11,894 3 3.01 Encroachment Permit Coordination 2 4 8 20 34 $ 9,328 442$ $ - $ 9,770

3.02 Public Outreach Meetings 4 8 8 20 $ 5,792 260$ $ - $ 250 $ 6,302 6 - - 12 16 20 - - - - - 54 15,120 $ 702$ - - - - $ 250 $ 16,072 4 4.01 Develop 60% PS&E Submittal Package 4 8 12 80 160 8 8 64 256 24 624 131,652 $ 8,112$ $ - $ 300 $ 140,064

4.02 Conduct 60% PS&E Review Meeting 4 8 16 24 52 14,368 $ 676$ $ - $ 300 $ 15,344

4.03 Develop 90% PS&E Submittal Package 2 4 12 60 120 28 120 24 370 81,012 $ 4,810$ $ - $ 85,822

4.04 Conduct 90% PS&E Review Meeting 4 8 16 24 52 14,368 $ 676$ $ - $ 300 $ 15,344

4.05 Develop Final PS&E Submittal Package 2 4 12 40 80 16 60 24 238 53,352 $ 3,094$ $ - $ 56,446 16 16 - 52 212 408 8 8 108 436 72 1,336 294,752 $ 17,368$ $ - $ - $ - $ - $ 900 $ 313,020 5 5.01 Attend Pre-Bid Meeting 2 8 16 26 $ 7,356 338$ $ - $ 300 $ 7,994

5.02 Answer Bidder Questions / Provide Addenda 2 4 24 30 $ 8,256 390$ $ - $ 8,646 4 - - 12 40 - - - - - - 56 15,612 $ 728$ $ - $ - $ - $ - $ 300 $ 16,640 6 6.01 Attend Pre-Construction Conference 4 8 8 20 $ 5,792 260$ $ - $ 300 $ 6,352

6.02 Review Contractor's Submittals 16 40 120 180 356 97,480 $ 4,628$ $ - $ 102,108

6.03 Respond to Requests for Information (RFIs) 16 8 30 60 90 16 220 59,074 $ 2,860$ $ - $ 61,934

6.04 Attend Construction Meetings and Site Visits 16 80 80 176 50,960 $ 2,288$ $ - $ 3,000 $ 56,248

6.05 Review Proposed Change Orders 4 8 8 24 60 104 28,648 $ 1,352$ $ - $ 30,000

6.06 Prepare Punch List 4 8 16 28 $ 7,936 364$ $ - $ 300 $ 8,600 60 16 - 174 308 330 - - - 16 - 904 249,890 $ 11,752$ $ - $ - $ - $ - $ 3,600 $ 265,242 90 32 40 308 600 782 8 8 108 452 72 2,500 619,876 $ 32,500$ $ - $ - $ 6,000 $ 600 $ 5,500 $ 664,476 7 7.01 Conduct West Trunk Condition Assessment 8 2 16 24 50 13,830 $ 650$ $ 50,000 $ 5,000 $ 69,480 8 8.01 Sutter Outfall Pipeline Rehabilitation 8 4 8 28 140 290 32 230 8 748 172,522 $ 9,724$ $ - $ 182,246 9 9.01 Operational Guidance Model Updates 30 220 16 266 64,744 $ 3,458$ $ - $ 68,202 Notes:
(1) Project Equipment and Communication Expense (PECE)
Task 3 Total
Develop Construction Documents
Task 4 Total
Bid Phase Services
Task 5 Total
Engineering Services During Construction
Task 6 Total
Project Totals
Optional Tasks
Field Investigations
Task 2 Total
Permitting Assistance
Project Management
Task 1 Total
Senior CAD
Technician
CAD
Technician
Document
Processing Total
Hours
Labor
Cost
PECE 1

CITY OF MODESTO

FINAL DESIGN OF THE WEST TRUNK REHABILITATION

FEE ESTIMATE
Task Description
Carollo Engineers Subconsultants
Subconsultant
Markup (10%)
Other Direct
Costs
(Mileage,
Printing, etc.)

PROJECT
TOTAL
O'Dell Engineering Crawford &
Associates
National Plant
Services
5/13/2022

EXHIBIT B
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CAROLLO ENGINEERS, INC.

FEE SCHEDULE
As of January 1, 2022
California
Hourly Rate
Engineers/Scientists
Assistant Professional $200.00
Professional 245.00
Project Professional I 268.00
Project Professional II 290.00
Lead Project Professional 311.00
Senior Professional 332.00
Technicians
Technicians 151.00
Senior Technicians 210.00
Support Staff
Document Processing / Clerical 134.00
Project Equipment Communication Expense
(PECE) Per DL Hour

13.00 Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate
Effective January 1, 2022
$.585 per mile
Subconsultant cost + 10%
Other Direct Cost cost + 10%
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.

EXHIBIT B
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
Date: August 18, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement with Provost & Pritchard Consulting Group Engineering Services for the Empire Well 312 Treatment System Project CONTACT: Edgar Vargas, Acting Senior Civil Engineer, [email protected], 209-577-5424
DESCRIPTION:

Consider approving an Agreement with Provost & Pritchard Consulting Group, Modesto, CA, for Engineering Services for the Empire Well 312 Treatment System Project in the amount of $147,000 for the identified scope of services, plus $14,700 in additional services, if needed for a total amount not to exceed $161,700. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Empire Service Area is located in the far southeastern corner of the City of Modesto’s contiguous water service area and was originally part of the Del Este Water Company. The existing water service area is largely provided by five groundwater wells and is supplemented by treated surface water delivered by the Modesto Irrigation District.

In Summer 2017, the City conducted a hydraulic evaluation of the Empire Service Area to determine if peak hour demand conditions could be met with or without supply from five existing local wells. The analysis confirmed that the existing wells are required to maintain operation and also recommended system improvements including upsizing water mains to support the overall Empire Service Area.

However, in October 2016, one of the five wells in the Empire Service area, Well 312, was turned off due to exceeding the maximum contaminant levels (MCL) for 1,2,3-Trichlorpropane (TCP). In order to decrease the MCL levels of TCP and bring the well back online, granular activated carbon (GAC) treatment is required.
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City Council, September 13, 2022
Agreement with Provost & Pritchard Consulting Group
Engineering Services for Empire Well 312 Treatment System Project

On April 5, 2022, by Resolution No. 2020-202, Council authorized the submittal of a grant application to the California Department of Water Resources (DWR) Urban and Multi-Benefit Drought Relief Grant Program for the Well 312 Treatment System & Flush Line Project.

Shortly after council authorization, staff was notified that it was awarded $1,000,000 from the DWR Urban Drought Relief Program, which will be utilized to fund the construction of the Empire Well 312 Treatment System Project.

DISCUSSION:

To increase efficiencies, and due to the expedited schedule required to deliver the Empire Well 312 Treatment System Project, the City has requested the use of a consultant to provide engineering services for the completion of the design, permitting, bidding the project, and provide engineering services during construction.

On April 28, 2020, by Resolution No. 2020-202, Council approved a prequalified list of consultants for Engineering Design Services for Water Capital Improvement Program projects in accordance with City Administrative Directive 3.1, Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital Projects. Five firms were selected to be on the list and of the five; Provost & Pritchard Consulting Group is considered to be a “local” firm.

Provost & Pritchard Consulting Group, aside from being a local consultant with an office in Modesto, bring a wealth of knowledge to the project and are one of the leading experts in the water treatment mitigation of 1,2,3-TCP throughout the Central Valley.

Per Administrative Directive 3.1, the Director, at his direction, may secure a candidate firm if it is in the best interest of the City and if the firm has rendered satisfactory services with the City.

The City has previously retained Provost & Pritchard to provide engineering services for the La Loma Phase 3A Strengthen & Replace project. Provost & Pritchard has rendered satisfactory service with respect to coordination with staff, the public, and outside agencies, as well as efficient project management.

Therefore, staff recommends the use of Provost & Pritchard Consulting Group for the Well 312 Treatment System project to increase project delivery efficiencies.

Provost & Pritchard’s scope of work will include preparation of an updated schematic design, 90%, and 100% construction document submittals, State Water Resources Control Board - Division of Drinking Water and Regional Water Quality Control Board permitting assistance, coordinating review of off-site pipelines and the storm drain outfall with the County, bidding assistance and construction-phase engineering services.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. Based on the consultant’s project team and previous experience, staff recommends the approval of an agreement with Provost & Pritchard Consulting Group for engineering services for the Well 312 Treatment System Project. #26..
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City Council, September 13, 2022
Agreement with Provost & Pritchard Consulting Group
Engineering Services for Empire Well 312 Treatment System Project

FISCAL IMPACT:

The following account has been created to track the expenses associated with this project and will be funded in FY 2022-23:
101403 Well 312 Treatment & Flushline

ANTICIPATED ENGINEERING EXPENDITURES
Engineering Services Agreement – Provost & Pritchard $147,000.00 Additional Services (10%) if needed $14,700.00
City Staff (15%) $22,050.00
TOTAL ENGINEERING COSTS: $183,750.00

ANTICIPATED CONSTRUCTION EXPENDITURES
Construction $964,425.00
Construction Contingency (10% of Construction Cost) $96,442.50 Construction Administration – City Staff (10% of Construction Cost) $96,442.50 Bid Support During Construction – City (4% of Construction Cost) $38,577.00 City Construction Forces $50,000.00
Grant Administration $30,000.00
TOTAL CONSTRUCTION COSTS: $1,275,887.00
ESTIMATED TOTAL PROJECT COST: $1,459,637.00
CEQA/NEPA REQUIREMENTS:

CEQA requirements will be completed prior to going to construction. It is anticipated for environmental review to be provided through a Categorical Exemption under CEQA Section 15301 Class 1(b).

COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on August 10, 2022 where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Provost & Pritchard Consulting Group, Modesto, CA, for Engineering Services for the Empire Well 312 Treatment System Project in the amount of $147,000 for the identified scope of services, plus $14,700 in additional services, if needed, for a total amount not to exceed $161,700 and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
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City Council, September 13, 2022
Agreement with Provost & Pritchard Consulting Group
Engineering Services for Empire Well 312 Treatment System Project

Attachments:

1. Resolution

2. Provost & Pritchard - Agreement

3. Provost & Pritchard - Exhibits to Agreement
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1 2022-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT WITH PROVOST &

PRITCHARD CONSULTING GROUP, MODESTO, CA, FOR ENGINEERING SERVICES FOR THE EMPIRE WELL 312 TREATMENT SYSTEM PROJECT IN THE AMOUNT OF $147,000 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $14,700 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $161,700 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Empire Service Area is located in the far southeastern corner of the City of Modesto’s contiguous water service area and was originally part of the Del Este Water Company, and
WHEREAS, the existing water service area is largely provided by five groundwater wells and is supplemented by treated surface water delivered by the Modesto Irrigation District, and
WHEREAS, in October 2016, one of the five wells in the Empire Service Area, Well 312, was turned off due to exceeding the maximum contaminant levels (MCL) for 1,2,3-Trichlorpropane (TCP), and
WHEREAS, in Summer 2017, the City conducted a hydraulic evaluation of the Empire Service Area to determine if peak hour demand conditions could be met with or without supply from five existing local wells, and
WHEREAS, the analysis confirmed that the existing wells are required to maintain operation, and
WHEREAS, in order to decrease the MCL levels of TCP and bring the well back online, granular activated carbon (GAC) treatment is required, and #26..
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2 2022-XXX
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement, and
WHEREAS, staff recommends approval of an agreement with Provost & Pritchard Consulting Group, of Modesto, CA for Engineering Services for the Empire Well 312 Treatment System Project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with Provost & Pritchard Consulting Group, of Modesto, CA for Engineering Services for the Empire Well 312 Treatment System Project in the amount of $147,000, for the identified scope of services, plus $14,700 in additional services, if needed, for a total not to exceed amount of $161,700.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September, 2022, by Councilmember XXX, who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
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3 2022-XXX
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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ENGINEERING SERVICES AGREEMENT FOR
THE EMPIRE WELL 312 TREATMENT SYSTEM PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and PROVOST & PRITCHARD, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Services are necessary for the Empire Well 312 Treatment System Project.

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

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #26..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE HUNDRED FORTY-SEVEN THOUSAND AND 00/100 DOLLARS ($147,000) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #26..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or FOURTEEN THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($14,700). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE HUNDRED SIXTY-ONE THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($161,700). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

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

5. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that Kevin Berryhill, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

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

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

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

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

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #26..
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10. INDEPENDENT CONTRACTOR.

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

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

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

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

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

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

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

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

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

FOR CONSULTANT: Name: Provost & Pritchard Consulting Group Address: 1800 30th Street
Suite 280
Bakersfield, CA 93301
Attention: Kevin Berryhill
Phone: (661) 616-5900
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Robert Davalos
Phone (209) 571-5869
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall #26..
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provide evidence of such insurance to the City as may be required by the Risk Manager 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 certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #26..
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and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special #26..
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limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #26..
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Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such #26..
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subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date. #26..
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City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

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

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

17. INDEMNITY.

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

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

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #26..
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Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

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

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

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

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

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

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

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

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

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

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #26..
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22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #26..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and PROVOST & PRITCHARD has caused this agreement to be duly executed in duplicate as of the Effective Date. #26..
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1800 30th Street, Suite 280
Bakersfield, CA 93301-1930
Tel: (661) 616-5900
Fax: (661) 616-5890
www.provostandpritchard.com
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Modesto - Design Well 312 TCP 22-275\Working Drafts\Modesto Well 312 TCP Design_Proposal.docx Engineering  Surveying  Planning  Environmental  GIS  Construction Services  Hydrogeology  Consulting Fresno  Bakersfield  Visalia  Clovis  Modesto  Los Banos  Chico  Sacramento May 24, 2022
Edgar Vargas, P.E.

Associate Civil Engineer
City of Modesto – Utilities Department
Engineering Design Services Division - Water
1010 10th Street, Suite 4600
Modesto, CA 95353
Subject: Proposal for 1,2,3-TCP Mitigation Engineering Design Services for Well No. 312 (Empire)
Dear Mr. Vargas:

Thank you for the opportunity to submit this proposal to provide engineering services for the subject project. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.

Project Understanding
The City of Modesto (City) supplies water to several unincorporated communities (County “islands”) in the region surrounding the City limits, including Empire, which is a severely disadvantaged community (SDAC) located east of the City. City Well No. 312, which serves Empire, is contaminated with the synthetic organic chemical (SOC) 1,2,3-trichloropropane (TCP) at levels exceeding the California Maximum Contaminant Level (MCL) of 5 ng/L. As a result, the well has been removed from service until a treatment system can be constructed to remove the TCP from the water. The best available treatment technology for TCP is granular activated carbon (GAC). The City’s Engineering Design Services Division has taken initial steps to complete schematic design of a GAC treatment system for Well 312, including coordinating with Stanislaus County to obtain permission to discharge backwash water into a nearby County storm water detention basin, coordinating with a GAC treatment system supplier, and preparing a preliminary site plan. The City has also applied for and received a 1 million dollar California Department of Water Resources (DWR) Urban Drought Relief grant. Due to several other projects competing for Engineering Design Services staff availability, the City has requested that Provost & Pritchard submit this proposal to complete the design, assist the City with permitting and bidding the project, and to provide construction phase engineering services.

The GAC treatment system will need to be located within the relatively small existing well site boundary – the City has not identified any potential off-site treatment locations. The City does not anticipate that any special aesthetic mitigation measures (e.g. height limitations, landscape screening, etc.) will be required for this particular site. Backwash water will come from the distribution system. Backwash and flush-to-waste water will be discharged into a new storm drain located in South Avenue that will be included in the project and will connect with a

EXHIBIT A
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City of Modesto May 24, 2022
Well 312 GAC Design Page 2 of 7
Proposal No. 22-275
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Modesto - Design Well 312 TCP 22-275\Working Drafts\Modesto Well 312 TCP Design_Proposal.docx Stanislaus County storm water basin approximately 600 feet east of the well site. The GAC system configuration will be confirmed as part of Provost & Pritchard’s services and may need to incorporate non-standard 40,000-pound vessels and/or less than optimal empty bed contact times to fit within the available space. Electrical improvements will include those associated with the GAC system instrumentation (flow meters and pressure transducer), and the addition of a standby generator to the well site.

Provost & Pritchard’s services will include preparation of an updated schematic design, 90%, and 100% construction document submittals, State Water Resources Control Board Division of Drinking Water (DDW) and Regional Water Quality Control Board (RWQCB) permitting assistance, coordinating review of off-site pipelines and the storm drain outfall with the County, bidding assistance and construction-phase engineering services. The City will be responsible for completing the following services, either through the use of City staff, or through other independently-contracted consultants:
• Surveying
• Geotechnical investigation
• Potholing for utilities as requested by the Engineer (if required) • Environmental permitting / CEQA
• Preparation of Division 00 and 01 specifications and provide a sample of specification format for P&Ps use.
• Grant administration
• Negotiating an agreement with Stanislaus County for use of the storm water basin Scope of Services
Our proposed scope of work for this project is segregated into several phases, described below.

Phase SD: Schematic Design Phase
A. PROJECT MANAGEMENT

1. Project management and administration

2. Prepare and maintain workplan and design schedule

3. Attend kick-off meeting and site visit with City staff

4. Attend schematic design review meeting with City staff

5. Prepare and submit monthly billing

6. Conduct QA/QC program
B. AGENCY AND UTILITY COORDINATION

1. Utility Notifications – Send utility request letters to utility companies to obtain utility information within the project limits.

2. Review Record Information and complete utility base mapping.

3. Submit request to the City for additional potholing as deemed necessary to complete the design.

C. UPDATED SCHEMATIC DESIGN

1. Prepare Basis of Design Memorandum containing the following information i. Design flow rate
ii. Water quality summary and evaluation

EXHIBIT A
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\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Modesto - Design Well 312 TCP 22-275\Working Drafts\Modesto Well 312 TCP Design_Proposal.docx iii. GAC system sizing and design parameters
iv. Evaluation of backwash and flush-to waste flows and volumes and associated sizing of the storm drain
v. Estimate loss of well production capacity (if a well pump curve is provided)
vi. Schematic design level opinion of probable construction costs

2. The following drawing sheets will be prepared to the approximately 30% level of completion:
i. Treatment site plan
ii. Design criteria sheet
iii. Process flow diagram
iv. Storm drain pipeline alignment
Assumptions:
a) A topographic survey of the site, storm drain alignment, and County stormwater basin will be completed by others
b) A geotechnical investigation of the subsurface conditions at the proposed treatment site will be completed by others
c) Design of well-site improvements other than those associated with the addition of GAC treatment and the standby generator will not be included in the project
d) Design of improvements to the County storm water basin other than a new storm drain inlet will not be required
Phase CD: Construction Document Phase
A. 90% PLANS, SPECIFICATIONS, AND COST ESTIMATE

1. Address any remaining comments on the schematic design submittal

2. Prepare (90%) plans for the wellhead treatment construction project, including the following sheets:
i. Cover and index (1 sheet)
ii. Legend and abbreviations (1 sheet)
iii. General and Structural notes (2 sheets)
iv. Design Criteria (1 sheet)
v. Process Flow Diagrams (1 sheet)
vi. Horizontal control plan (1 sheet)
vii. Demolition plan (1 sheet)
viii. Site plan (1 sheets)
ix. Grading plan (1 sheet)
x. Site piping plan (1 sheet)
xi. GAC Vessel and Slab Plan (1 sheet)
xii. Piping Sections and Details (1 sheet)
xiii. Backwash piping details (1 sheet)
xiv. Plan and profile for off-site pipeline (1 sheet)
xv. Vessel pad structural and Manifold piping details (1 sheet) xvi. Miscellaneous details (3 sheets)

EXHIBIT A
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Proposal No. 22-275
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Modesto - Design Well 312 TCP 22-275\Working Drafts\Modesto Well 312 TCP Design_Proposal.docx xvii. Structural details (3 sheets)
xviii. Electrical sheets (3 sheets) prepared by Provost & Pritchard’s subconsultant, Pezzoni Engineering, Inc.

3. Prepare preliminary technical specifications for GAC treatment system in CSI format

4. Prepare 90% opinion of probable construction cost

5. Submit 90% plans, specifications and estimate (PS&E) i. Submit 11x17 PDF of plan set and specifications
ii. Schedule and conduct virtual meeting separately with DDW Assumptions:
a) The City’s existing SCADA system and panel can accommodate integration of signal from vessel flow meters and the system differential pressure transducer if required.
b) Air Board permitting of the generator will be by others B. VESSEL PRE-PROCUREMENT

1. Provost & Pritchard will provide the City with a technical specification for use by the City in pre-purchasing either the vessels or the vessels with carbon Assumptions:
a) Contract documents required for vessel pre-purchasing other than the technical specification will be provided by the City
b) The City will advertise and administer bidding
C. PERMITTING ASSISTANCE

1. Submit design of off-site improvements to County for encroachment permit review

2. Coordinate with the State Water Resources Control Board – Division of Drinking Water (DDW) regarding the project

3. Prepare and submit Operations Plan to DDW for approval

4. Prepare and submit application to RWQCB for Low Threat Waiver under Resolution R5-2018-0085
Assumptions:
a) City will pay for all permit fees directly
b) No permits will be required other than those specifically identified above c) No City or County Building Department plancheck will be required d) No conditional use permit or application for zoning variance will be required e) City will handle coordination with property owners adjacent to the project site regarding aesthetic impacts, and construction activities.

D. FINAL (100%) PLANS, SPECIFICATIONS, AND ESTIMATES

1. 90% submittal review meeting with City

EXHIBIT A
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2. Address 90% review comments

3. Prepare final plans

4. Prepare final technical specifications

5. Prepare final opinion of probable construction costs

6. Submit 11x17 PDF of plan set and specifications
Assumptions:
a) Contractor will prepare and implement Storm Water Pollution Prevention Plan and Dust Control Plan if required
b) City will provide “up-front” (Division 0 and 1) specifications c) Comments from various City departments will be reconciled when provided to Provost & Pritchard
Phase BD: Bidding Assistance Phase
A. BIDDING SERVICES

1. Participate in pre-bid conference at well site

2. Assist with the preparation of addenda and clarifications as necessary during the bid period

3. Review bid proposals and provide recommendation for award Assumptions:
a) City will advertise and facilitate the bidding process and Provost & Pritchard will assist
b) City will pay for all advertisement costs.

Phase CA: Construction Administration Phase
A. CONSTRUCTION SERVICES

1. Attend pre-construction kickoff meeting

2. Review and approve contractor submittals prior to the start of construction

3. Make periodic site visits while construction is active to observe the progress of work; including a site visit for substantial completion and a final walk-through. A total of four (4) construction administration site visits are included in the scope of services.

4. Assist in responses to contractor requests for information (RFIs)

5. Review contract change orders

6. Review the contractor’s completion documents. Prepare record drawings based on “as-built” information furnished by the Contractor and City. Provide one copy of reproducible record drawings to City for permanent records.

Professional Fees
Provost & Pritchard Consulting Group will perform the services in this proposal on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, including

EXHIBIT A
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City of Modesto May 24, 2022
Well 312 GAC Design Page 6 of 7
Proposal No. 22-275
\\ppeng.com\pzdata\docs\Marketing\Proposals\2022\City of Modesto - Design Well 312 TCP 22-275\Working Drafts\Modesto Well 312 TCP Design_Proposal.docx reimbursable expenses, will not exceed our estimate of $147,000 without additional authorization.

Proposed Fee – GAC Design Services
Phase Estimated Fee
Phase SD Updated Schematic Design $22,000
Phase CD Construction Documents $90,000
Phase BD Bidding Assistance $9,000
Phase CA Construction Administration $26,000
Total Estimated Fee: $147,000
The line items shown above are estimates and are not intended to limit billings for any given Phase. Required Phase effort may vary up or down from the line-item estimates shown, however total billings will not exceed the Total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency’s decision or because of design changes requested by the City, we will prepare a revised estimate of our fees for your approval before we proceed.

Schedule
Provost & Pritchard is prepared to begin immediately upon authorization to proceed. This proposal and associated fee is based on the following preliminary project schedule:
• Schematic Design Submittal: 1 month after NTP
• 90% Submittal: 2 months following receipt of Schematic Design submittal comments • 100% Submittal: 1 month following receipt of 90% Design submittal comments Note that this relatively aggressive schedule assumes that survey data and a geotechnical report are available at the same time as notice to proceed. Significant project delays in City submittal reviews and/or project completion may result in the need for adjustment of Provost & Pritchard’s fee schedule and/or the project budget.

Additional Services
The following services are not included in this proposal. However, these and others can be provided at additional cost, either directly by Provost & Pritchard Consulting Group or through subconsultants, upon request.

1. Bench or pilot scale studies

2. Water quality sampling and testing

3. Surveying and geotechnical services

4. Applying for plan amendment, rezoning, or code variances

5. Environmental permitting

6. Legal descriptions and exhibits

7. Assistance with grant administration and reporting

8. Payment of permit fees

9. Potholing and utility locating services

10. Landscape improvements or modifications

11. Hydraulic modeling or surge analysis

12. Construction staking

13. As-built survey

EXHIBIT A
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14. Contractor prequalification

15. Construction management and/or inspection

16. Preparation of Dust Control plans or Storm Water Pollution Prevention Plans (SWPPP)

17. Services associated with litigation including, but not limited to, responding to subpoenas, and providing expert witness services.

Terms & Conditions
If this proposal is acceptable, please sign below. This proposal is valid for 60 days from the date above.

Sincerely Yours,
Provost & Pritchard Consulting Group
Kevin Berryhill, RCE 70415 Matthew W. Kemp, RCE 66088
Project Manager Chief Strategic Officer
Terms and Conditions Accepted
By City of Modesto
Signature Signature
Printed Name Printed Name
Title Date Title Date

EXHIBIT A
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Provost & Pritchard Consulting Group
2022 Standard Fee Schedule
This schedule supersedes previously published fee schedules as of the effective date of January 1, 2022.

Multi-year contracts are subject to any subsequent changes in these rates.

Staff Type Fee Range
Engineering Staff
Assistant Engineer $97.00 – $125.00
Associate Engineer $115.00 – $147.00
Senior Engineer $153.00 – $184.00
Principal Engineer $195.00 – $235.00
Associate Structural Engineer $120.00 – $146.00
Senior Structural Engineer $150.00 – $170.00
Principal Structural Engineer $180.00 – $230.00
Specialists
Associate Biologist $95.00 – $115.00
Assistant Environmental Specialist $90.00 – $120.00
Associate Environmental Specialist $126.00 – $155.00
Senior Environmental Specialist $155.00 – $185.00
Principal Environmental Specialist $195.00 – $235.00
Assistant GIS Specialist $75.00 – $93.00
Associate GIS Specialist $100.00 – $127.00
Senior GIS Specialist $135.00 – $170.00
Assistant Geologist/Hydrogeologist $95.00 – $113.00
Associate Geologist/Hydrogeologist $120.00 – $150.00
Senior Geologist/Hydrogeologist $150.00 – $180.00
Principal Geologist/Hydrogeologist $195.00 – $235.00
Associate Water Resources Specialist $105.00 – $130.00
Senior Water Resources Specialist $135.00 – $160.00
Environmental & Roof Specialist $120.00 – $200.00
External Affairs Specialist $98.00 – $128.00
Principal Tunneling Consultant $235.00 – $255.00
Planning Staff
Assistant Planner/CEQA-NEPA Specialist $85.00 – $105.00 Associate Planner/CEQA-NEPA Specialist $110.00 – $133.00 Senior Planner/CEQA-NEPA Specialist $140.00 – $168.00
Principal Planner/CEQA-NEPA Specialist $173.00 – $196.00 Technical Staff
Assistant Technician $75.00 – $97.00
Associate Technician $102.00 – $125.00
Staff Type Fee Range
Senior Technician $130.00 – $150.00
Construction Services Staff
Associate Construction Manager $120.00 – $140.00
Senior Construction Manager $145.00 – $167.00
Principal Construction Manager $180.00 – $210.00
Construction Inspector (1) $152.00 – $177.00
Construction Inspector (2) $187.00 – $218.00
Support Staff
Administrative Assistant $70.00 – $90.00
Project Administrator $80.00 – $105.00
Senior Project Administrator $115.00 – $200.00
Intern $65.00 – $80.00
Surveying Services Staff
Assistant Surveyor $95.00 – $115.00
Licensed Surveyor $145.00 – $175.00
1-Man Survey Crew $175.00/$200.00(1)
2-Man Survey Crew $245.00/$285.00(1)
2-Man Survey Crew including LS $280.00/$295.00(1)
UAV (Drone) Services $210.00
(Field work not including survey equipment billed at individual standard rate plus vehicle as appropriate.)
(1) Prevailing wage rates shown for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings, and Kern counties; other counties as quoted.
(2) Overtime for Construction Services prevailing wage will be calculated at 125% of the standard prevailing wage rate.

Additional Fees
Expert Witness / GIS Training: As quoted.

Travel Time (for greater than one (1) hour from employee’s base office):
$80/hour (unless the individual’s rate is less)
Project Costs
Mileage: IRS value + 15%
Outside Consultants: Cost + 15%
Direct Costs: Cost + 15%

EXHIBIT B
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
Date: August 16, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement for Pump Station Rejuvenation Services CONTACT: Jeff Daniels, Water Division Manager, [email protected], (209) 342-4585 DESCRIPTION:

Consider approving the Award of Bid for Pump Station Rejuvenation Services to Don Pedro Pump, Hughson, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $350,000, and $1,974,350 over five years. (Funding Source: Water Fund, Wastewater Fund, Storm Drain Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City owns and operates 91 water well sites, which have a production capacity of 156 million gallons of water per day. This water system services approximately 76,000 customer locations and 280,000 people. The Water Division operates and maintains the pump stations to ensure reliable fire protection and water service to City customers.

The City also 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. Storm water is pumped to Dry Creek, Tuolumne River, and Modesto Irrigation District ("MID”) and Turlock Irrigation District (“TID”) canals. The Wastewater Division maintains the sewer and storm lift stations and wastewater treatment plant processes, ensuring the lift stations and treatment plant operate reliably.

Water well sites, storm/sewer lift stations, and pumping facilities require periodic rejuvenation, including repair and replacement of equipment. If not properly maintained, reduced reliability of these facilities could affect the delivery of water to City customers, water pressures for fire #27..
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City Council, September 13, 2022
Agreement for Pump Station Rejuvenation Services

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.
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City Council, September 13, 2022
Agreement for Pump Station Rejuvenation Services

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
COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on August 10, 2022 with a recommendation to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Resolution approving the Award of Bid for Pump Station Rejuvenation Services to Don Pedro Pump, Hughson, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $350,000, and $1,974,350 over five years and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement

3. Exhibit B Bid Submittal

4. Exhibit C RFB

5. Financial Interest Disclosure

6. Cost Abstract
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING THE AWARD OF BID FOR PUMP STATION

REJUVENATION SERVICES TO DON PEDRO PUMP, HUGHSON, CA, FOR A

TWO-YEAR AGREEMENT WITH THREE ONE-YEAR EXTENSION OPTIONS FOR AN ESTIMATED ANNUAL AMOUNT OF $350,000, AND $1,974,350 OVER

FIVE YEARS, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City Manager authorizes the Purchasing Manager to issue formal Request for Bids (RFB) for pump station rejuvenation services, and WHEREAS, on December 28, 2021, the Purchasing Division issued RFB No. 2021-68 Pump Station Rejuvenation Services on the City’s website under the commodity codes for pumps and pump accessory maintenance and repair, twenty-six companies chose to download the RFB document, and
WHEREAS, on January 25, 2022 bids were formally opened in the City Clerk’s Office. Three (3) companies chose to respond, and
WHEREAS, based on providing the lowest and responsive and responsible bid received, City staff recommends the award of bid for 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, and WHEREAS, the 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, and
WHEREAS, an award of bid and agreement for pump station rejuvenation services to Don Pedro Pump, Hughson, CA conforms to the Modesto Municipal Code, #27..
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2 because the City complied with the formal bid procedures and Don Pedro Pump, Hughson, CA was the lowest responsive and responsible bidder, and WHEREAS, the cost for these services will be covered by the Water (4100), Wastewater (4210) and Stormwater Drain (4180) funds through existing budget with the first two years at an estimated amount of $350,000 per year and the following three years are budgeted for a potential 10% percent annual increase in costs.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid for pump station rejuvenation services to Don Pedro Pump, Hughson, CA for a two-year agreement with three one-year extension options for an estimated annual amount of $350,000, and a total amount of not to exceed $1,974,350 over five years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

DIANE NAYARES-PERES, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
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3 BY: _____________________________
JOSE M. SANCHEZ, City Attorney
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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. #27..
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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
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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. #27..
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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 #27..
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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 #27..
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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 #27..
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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. #27..
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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. #27..
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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 #27..
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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 #27..
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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.
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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.
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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:

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

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2022-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2022 and Don Pedro Pump Inc. has caused this Agreement to be duly executed. #27..
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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
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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 #27..
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3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for 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. #27..
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4 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Carol Wattle, Buyer, via email at: [email protected]
All contact during the bid process shall be through the Purchasing Division. Attempts by the bidder to contact department representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued 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. #27..
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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.
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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 #27..
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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

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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:
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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) #27..
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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):
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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. #27..
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11 #27..
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12 #27..
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13 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-68

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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):
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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.

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.

Company Name (Bidder):

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

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

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

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
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REFERENCES
All Bidders must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with similar type of services requested by the CITY under Scope of Work.

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

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
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REFERENCES - CONTINUED
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):
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FINANCIAL INTEREST DISCLOSURE

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

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

FinDisclosure12-19
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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. #27..
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FINANCIAL INTEREST DISCLOSURE FORM
COMPANY NAME: __________________________________________ NAMES
Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:
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SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
of

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

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

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

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

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

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

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

LIST ALL ADDENDA NUMBERS: _____________________________________________________ Company Name (Bidder):
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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. #27..
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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.

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.

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. #27..
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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 #27..
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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 #27..
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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. #27..
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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:
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29 1.11 INSURANCE:

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

A. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. 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.

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

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. #27..
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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.

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.

Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant order.
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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.
#27..
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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.
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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. #27..
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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 #27..
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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.
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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 #27..
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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. #27..
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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. #27..
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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:
#27..
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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. #27..
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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. #27..
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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. #27..
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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:

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 (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. #27..
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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 #27..
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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:

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 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. #27..
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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 #27..
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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.

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, within ten (10) days of the execution of this agreement and prior to commencement of work, the following separate surety bonds:
#27..
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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:

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 #: _______________
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total
#27..
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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 #27..
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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:

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 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 #27..
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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; #27..
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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.

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 #27..
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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:

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.
#27..
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54 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: __________________________________
__________________________________
__________________________________
__________________________________
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.

20. HEADINGS NOT CONTROLLING:

Headings used in the agreement are for reference purposes only and shall not be considered in construing this agreement.
#27..
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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.

Additional or new terms contained in this agreement which vary from CONTRACTOR’S proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous bids, offers and communications relative to this agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this agreement. No future waiver or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.

23. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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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
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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 #27..
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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 #27..
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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. #27..
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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:
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29 1.11 INSURANCE:

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

A. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. 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.

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

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. #27..
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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.

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.

Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant order.
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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.
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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.
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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. #27..
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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 #27..
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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.
#27..
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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 #27..
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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. #27..
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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. #27..
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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:
#27..
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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. #27..
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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. #27..
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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. #27..
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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:

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 (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. #27..
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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 #27..
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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:

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 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. #27..
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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 #27..
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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.

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, within ten (10) days of the execution of this agreement and prior to commencement of work, the following separate surety bonds:
#27..
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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:

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 #: _______________
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total
#27..
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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 #27..
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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:

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 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 #27..
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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; #27..
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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.

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 #27..
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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:

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.
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54 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: __________________________________
__________________________________
__________________________________
__________________________________
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.

20. HEADINGS NOT CONTROLLING:

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

Additional or new terms contained in this agreement which vary from CONTRACTOR’S proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous bids, offers and communications relative to this agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this agreement. No future waiver or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.

23. PARTIAL INVALIDITY:

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

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
Date: August 22, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Water Conservation Rebate Program Modifications for FY 22/23 CONTACT: Jeff Daniels, Water Division Manager, [email protected], (209) 342-4585
DESCRIPTION:

Consider approving Water Conservation Rebate Program Modifications for Fiscal Year (FY) 22/23 to increase the funds budgeted for rebates by $285,000 from $430,000 to $715,000 and consider amending the Fiscal Year (FY) 22/23 operating budget in the amount of $285,000 to be transferred from Water reserves. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

Water is a precious resource. Previous droughts across California put the water conservation into focus and resulted in State water agencies mandating reduction in water use by urban systems and water conservation has become increasingly important in maintaining and protecting this resource to ensure the availability of safe drinking water to our communities for generations to come.

The City of Modesto’s Water Conservation Program is focused on educating our customers and encouraging them to use water responsibly and eliminate water waste. For several years, the City has been proactively educating customers about water use reduction through increased advertising, providing information and educational materials at public events, and funding rebate incentives.

Initially, the rebate program just included High Efficiency Toilet and Washing Machine Rebate Programs. In 2015, the Residential Turf Replacement Program was added, followed in 2016 by the Smart Irrigation Controller Program and the Drip Irrigation Program. Water Rebate Program #28..
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City Council, September 13, 2022
Water Conservation Rebate Program Modifications for FY 22/23