Agenda packet — Finance Committee, November 9, 2022 (part 1 of 2)

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www.modestogov.com
AGENDA
City of Modesto

FINANCE COMMITTEE / COUNCIL WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Wednesday, November 09, 2022 at 3:00 PM
*Roll Call: David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Jenny Kenoyer, Member
Alternates: Tony Madrigal, Chris Ricci, Sue Zwahlen
* Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in. “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

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

PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings. - 1 -
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If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

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

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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

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

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

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

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

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

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

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

Any and all of the following agenda items are subject to action by the Modesto City Council. - 3 -
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This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

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

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

Consent

1. Consider approving a two-year Retail and Legal Advertising Contract with the McClatchy Company LLC dba Modesto Bee in the amount of $125,000 and forwarding to Council for approval. (Funding Source: General Fund, Solid Waste Fund, Water Fund, Wastewater Fund, Community Facility District Funds, Landscaping Districts, and Housing Urban Development Funds)
 Motion approving a two-year Retail and Legal Advertising Contract with the McClatchy Company LLC dba Modesto Bee in the amount of $125,000 and forwarding to Council for approval.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

2. Consider approving an Agreement for Concrete Boxes, Covers, Valves and Fittings to Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and to American AVK, Minden, NV for a total amount not to exceed $3,825,000 over five years and forwarding to Council for approval. (Funding Source: Water and Wastewater Funds)
 Motion approving the Award of Bid and Agreement for Concrete Boxes, Covers, Valves, Hydrants and Fittings to three vendors with the overall lowest, responsive and responsible bids to Ferguson Waterworks, Modesto Ca, Iconix Waterworks, McClellan CA, and American AVK, Minden, NV for a one–year Agreement with four one-year extension options, for a total estimated annual cost not to exceed $765,000, and $3,825,000 over five years and forwarding to Council for approval.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] - 4 -
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Consent

3. Consider approving a Professional Services Agreement with Sloan Sakai, Emeryville, CA to conduct a compensation study in an amount not to exceed $54,000, and forwarding to Council for approval. (Funding Source: Various Funds)  Motion approving a Professional Services Agreement with Sloan Sakai, Emeryville, CA to conduct a compensation study in an amount not to exceed $54,000, and forwarding to Council for approval.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent

4. Consider approving a Pre-Qualified Hydrogeological Services Consultant List; and two On-Call Hydrogeological Services Agreements in a combined total amount not to exceed $450,000 over a three-year period and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)  Motion approving a Pre-Qualified Hydrogeological Services Consultant List and On-Call Agreements for Hydrogeological Services with Luhdorff & Scalmanini, Consulting Engineers, Woodland, CA and West Yost Associates, Davis, CA, each for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years each, and forwarding to Council for approval.

UTILITIES; Robert Davalos, 209-571-5869, [email protected]

NEW BUSINESS

5. Consider approving an Agreement with InfoSend, Inc., Anaheim, CA for Forms Printing and Mailing Services for a total amount not to exceed $12,051,699 over eight years and forwarding to Council for approval. (Funding Source: Various Funds)  Motion approving an Agreement with InfoSend, Inc., Anaheim, CA for Forms Printing and Mailing Services for a total amount not to exceed $12,051,699 over eight years and forwarding to Council for approval.

FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected]

6. Consider accepting a report on upcoming Capital Improvement Program Projects planned for Bidding and Construction and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)  Motion accepting a report on upcoming Capital Improvement Program Projects planned for Bidding and Construction and forwarding to Council for approval.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected]

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

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 9, 2022
Date: October 18, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Jenny Kenoyer, Member

THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Retail and Legal Advertising Agreement
CONTACT: Cynthia Kline, Purchasing Manager, [email protected], 209-577-5412 DESCRIPTION:

Consider approving a two-year Retail and Legal Advertising Contract with the McClatchy Company LLC dba Modesto Bee in the amount of $125,000 and forwarding to Council for approval. (Funding Source: General Fund, Solid Waste Fund, Water Fund, Wastewater Fund, Community Facility District Funds, Landscaping Districts, and Housing Urban Development Funds)
STRATEGIC PLAN ELEMENT:

This item advances the City of Modesto 2020-2025 Strategic Plan Area: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

BACKGROUND:

The City currently uses the Modesto Bee as its primary local newspaper-advertising source. The Bee is used for the advertisement of retail classified and legal advertisements as required by law, and for retail advertisements for public information purposes.

The Purchasing Manager reviews the retail rate pricing with the Modesto Bee as part of the review of renewing a new agreement, and based on advertising volume commitments over the prior year, identifies which contract options would meet the City’s retail advertising needs for the next fiscal year.

On December 8, 2022 under Resolution 2020-513, Council approved a two-year retail and legal advertising contract with the Modesto Bee in the amount of $200,000. This current agreement is scheduled to expire on December 31, 2022.
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Retail and Legal Advertising Agreement

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DISCUSSION:

Based on the review of the legal and retail advertising contract, the City is currently afforded a non-profit, no commitment daily rate of $31.00 per column inch (pci) for retail and $25.08 per column inch for legal for one run and $20.26 per column inch for multiple consecutive run including additional color charges, if needed. The $31.00 and $25.08 per column inch rate will continue through December 30, 2024. Any digital targeted audience rate will range from $10.00 to $15.00 cost per mile (cpm).

Modesto Municipal Code (MMC) Section 8-3.204 (b) states, “All Purchases in excess of fifty thousand dollars ($50,000), or when directed by the City Manager for any purchase of fifty thousand dollars or less, shall follow formal bid procedures, except for the following, which shall be exempt from the bid requirements: Where the Purchasing Agency’s requirements can be met solely by a single article or process.” The City will continue to meet its legal advertising requirements by using the Modesto Bee.

Legal Notice advertisements are legally required for all City public notices and hearings which must be officially advertised through a newspaper of general circulation. The City is also required to comply with State requirements for advertising related to escheat property which requires similar types of rules through a local newspaper. The City of Modesto currently has only one local newspaper which is the Modesto Bee newspaper. In addition, the City will utilize retail advertising for publication related to utility rates updates or City events being provided to the public.

FISCAL IMPACT:

Funding for the retail and legal advertising services comes from various departmental accounts as approved by Council through the budget process. Under the current agreement, the City has spent advertising primarily focused on legal advertising as required in our City Charter. Below is a summary of the annual spending under the current agreement.

Term Period Amount
Year 1 $ 61,068
Year 2 (through October 14, 2022) $ 30,439
Total $ 91,507
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STAFF RECOMMENDATION:

Motion approving a two-year Retail and Legal Advertising Contract with the McClatchy Company LLC dba Modesto Bee in the amount of $125,000 and forwarding to Council for approval.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. Agreement
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 9, 2022
Date: September 30, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Jenny Kenoyer, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Purchase Agreement for Concrete Boxes, Covers, Valves, and Fittings CONTACT: Cynthia Kline, Purchasing Manager, [email protected], 209-577-5412 DESCRIPTION:

Consider approving an Agreement for Concrete Boxes, Covers, Valves and Fittings to Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and to American AVK, Minden, NV for a total amount not to exceed $3,825,000 over five years and forwarding to Council for approval. (Funding Source: Water and Wastewater Funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

The Water Services and Wastewater Divisions, utilize concrete boxes, covers, valves, hydrants and cast/ductile iron fittings throughout Modesto and the outlying areas included in the City’s regional water systems. The outlying areas include Salida, Del Rio, parts of Ceres, parts of Turlock, Grayson, Empire and other County areas just outside the City limits.

Using a competitive bidding process provides the departments greater efficiency in placing orders, tracking expenditures, economy of scale purchasing, maintaining stock in the city store locations, and general oversight of the Agreements.

On December 12, 2017, by Resolution No. 2017-520, Council approved an Agreement, not to exceed $4,500,000, over five years, with Ferguson Waterworks to provide concrete boxes, covers, valves and fittings.
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Purchase Agreement for Concrete Boxes, Covers, Valves and Fittings

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DISCUSSION:

The City Manager authorized the Purchasing Manager to issue formal Request for Bids (RFB) for the furnishing and purchase of concrete boxes, covers, valves, hydrants, and fittings.

On July 20, 2022, the Purchasing Division issued RFB No. 2122-48 for the purchase of concrete boxes, covers, valves, hydrants and fittings on the City’s website. Prospective bidders were notified online of the bid opportunity. Eighteen (18) prospective bidders chose to download the RFB document.

On August 30, 2022, bids were formally opened in the City Clerk’s office. Four companies chose to respond. All companies provided responsive and responsible bids. Only one was a local vendor.

Due to market volatility, thirty-eight (38) items were only bid as ninety (90) day pricing.

Therefore, to ensure competitive pricing and sufficient availability of parts, staff recommends awarding these thirty-eight (38) items to the two lowest, responsive and responsible bidders.

Staff will obtain pricing for these items as needed, within each ninety (90) day period to ensure the City orders from the lowest vendor. Additionally, Ferguson Waterworks has agreed to match low bid on 148 of the items, which complies with Modesto Municipal Code 8-

3.206 Support of Local Vendors. Staff also recommends the award of bid to a third vendor, American AVK based on the estimated annual cost savings of $87,975, and $439,875 over five years based on them being the lowest bid on several items.

Based on providing responsive and responsible bids, staff recommends the award of bids for the purchase of concrete boxes, covers, valves, hydrants and fittings to three vendors with the overall lowest responsive and responsible bids to Ferguson Waterworks, Modesto Ca, Iconix Waterworks, McClellan CA, and American AVK, Minden, NV for a (1) one–year Agreement with (4) four one-year extension options, for a total estimated annual cost not to exceed $765,000, and $3,825,000 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. The award of bid for the purchase of concrete boxes, covers, valves, hydrants and fittings to Ferguson Waterworks, Modesto, CA, Iconix Waterworks, McClellan, CA and American AVK, Minden NV conforms to the Modesto Municipal Code because the City complied with the formal bid procedures, and all three vendors were the lowest responsive and responsible bidders.

FISCAL IMPACT:

The previous annual spend is indicated in the table below:

Year 1 2 3 4 5
Date Range 12/12/2017-
12/11/2018
12/12/2018-
12/11/2019
12/12/2019-
12/11/2020
12/12/2020-
12/11/2021
12/12/2021-
12/11/2022
5 YR
SPEND

TO DATE
Annual Spend $505,263 $367,123 $415,238 $571,990 $584,040 $2,443,654 #2..
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Purchase Agreement for Concrete Boxes, Covers, Valves and Fittings

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With current pricing per RFB No. 2122-48 and accounting for potential Producer Price Index (PPI) increases over the next five years, staff estimates an annual cost not to exceed $765,000 among all three vendors, and not to exceed $3,825,000 over five years. Funds are allocated across the following accounts:

FUND ACCOUNT
NUMBER

BUDGETED
AMOUNT
Wastewater 4210-44211-53150 $35,000
4480-44222-53150 $35,000
Water 4100-45020-53150 $62,750
4100-45040-53150 $444,000
4100-45050-53150 $62,750
4100-45055-53150 $62,750
4100-45060-53150 $62,750
ANNUAL TOTAL NOT TO EXCEED $765,000
FIVE (5) YEAR TOTAL NOT TO EXCEED $3,825,000
STAFF RECOMMENDATION:

Motion approving the Award of Bid and Agreement for Concrete Boxes, Covers, Valves, Hydrants and Fittings to three vendors with the overall lowest, responsive and responsible bids to Ferguson Waterworks, Modesto Ca, Iconix Waterworks, McClellan CA, and American AVK, Minden, NV for a (1) one–year Agreement with (4) four one-year extension options, for a total estimated annual cost not to exceed $765,000, and $3,825,000 over five years and forwarding to Council for approval.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. Bid Submittal - Ferguson Waterworks

2. Bid Submittal - Iconix Waterworks

3. Bid Submittal - American AVK

4. Agreement - Ferguson Waterworks

5. Agreement - Iconix Waterworks

6. Agreement - American AVK

7. Financial Interest Disclosure – Ferguson Waterworks

8. Financial Interest Disclosure – Iconix Waterworks
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Purchase Agreement for Concrete Boxes, Covers, Valves and Fittings

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9. Financial Interest Disclosure – American AVK

10. Cost Abstract
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CITY OF MODESTO

PURCHASING DIVISION
1010 TENTH ST., SUITE 5300
MODESTO, CA 95354
TEL: (209) 577-5405 FAX: (209) 544-8821
ANNUAL AGREEMENT NO. 233560
VENDOR:

FERGUSON WATERWORKS
1600 LONE PALM AVE
MODESTO, CA 95351
SHIP TO:

CITYWIDE DIVISIONS
P.O. BOX 642
MODESTO, CA 95353
INVOICE TO:

CITY OF MODESTO

ACCOUNTS PAYABLE
P.O. BOX 642
MODESTO, CA 95353

ANNUAL AGREEMENT FOR THE PURCHASE OF CONCRETE BOXES, COVERS, VALVES, HYDRANTS AND FITTINGS ON AN “AS NEEDED” BASIS FOR THE CITY OF MODESTO WATER, WASTEWATER AND STORES DIVISION.

THE TERMS AND CONDITIONS OF RFB 2122-48 ARE AN INTEGRAL PART OF THIS AGREEMENT. ANNUAL AMOUNT NOT TO EXCEED $365,000 PER COUNCIL RESOLUTION 2022-_______

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

YEAR ONE: DECEMBER 7, 2022, THROUGH DECEMBER 6, 2023
YEAR TWO: DECEMBER 7, 2023, THROUGH DECEMBER 6, 2024
YEAR THREE: DECEMBER 7, 2024, THROUGH DECEMBER 6, 2025
YEAR FOUR: DECEMBER 7, 2025, THROUGH DECEMBER 6, 2026
YEAR FIVE: DECEMBER 7, 2026, THROUGH DECEMBER 6, 2027

2. PRICING SHALL REMAIN FIRM FOR EACH CONTRACT YEAR, WITH THE EXCEPTION OF ITEMS 1-39 IN WHICH PRICING WILL BE OBTAINED EVERY 90 DAYS (AS NEEDED) AND AWARDED TO THE LOWEST BIDDER.
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PRICE INCREASES FOR SUBSEQUENT CONTRACT YEARS THREE, FOUR, AND FIVE, SHALL NOT EXCEED

THE PRODUCER PRICE INDEX (PPI) IN ANY ONE CONTRACT YEAR, AND SHALL BE NEGOTIATED THROUGH THE PURCHASING DIVISION. REQUESTS FOR PRICE INCREASES SHALL BE SUBMITTED BY CONTRACTOR IN WRITING, SIXTY (60) DAYS PRIOR TO THE ANNUAL ANNIVERSARY DATE OF THE CONTRACT TO BE EFFECTIVE FOR THE SUBSEQUENT YEAR.

REFER TO ATTACHMENT “A” FOR CONTRACTUAL PRICING

4. USAGE: CONTRACTOR SHALL PROVIDE WHATEVER QUANTITIES MAY BE REQUIRED DURING THE CONTRACT TERM. NO MINIMUM OR MAXIMUM QUANTITIES ARE GUARANTEED OR IMPLIED.

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

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

6. INVOICING: INVOICE SHALL REFERENCE AGREEMENT NO. 233560. THE INVOICE SHALL INCLUDE THE FIRST AND LAST NAME OF THE PERSON REQUESTING THE SERVICE. ALL INVOICES SHALL BE EMAILED DIRECTLY TO ACCOUNTS PAYABLE AT [email protected]

7. CONTRACTUAL CHANGES: CHANGES OF A CONTRACTUAL OR BUSINESS NATURE SHALL BE

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

8. CITYWIDE USAGE: VENDOR SHALL AFFORD SAME PRICING FOR WALK-IN ORDERS VERSUS ORDERS SHIPPED DIRECTLY TO SITE LOCATIONS. NO EXCEPTIONS.

9. 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.

THE CITY RESERVES THE RIGHT TO REVIEW THE SERVICE PROVIDERS’ PERFORMANCE AT ANY TIME WITH OR WITHOUT THE KNOWLEDGE OR CONSENT OF THE PROVIDER.

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

PURCHASING MANAGER, OR HIS DESIGNEE, AND USING DEPARTMENT AFTER REVIEWING THE INCIDENT(S) OF FAILURE TO PERFORM. EITHER PARTY MAY TERMINATE THE CONTRACT IN ITS UNILATERAL DISCRETION FOR ANY OR NO REASON BY PROVIDING AT LEAST THIRTY (30) DAYS WRITTEN NOTICE TO THE OTHER OF ITS DESIRE TO TERMINATE.

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

CITY FOR COMPLIANCE WITH SPECIFICATIONS AS INCLUDED HEREIN, WITHIN A REASONABLE TIME AFTER DELIVERY. IN THE EVENT ARTICLES OR SERVICES ARE DEFECTIVE OR NOT IN CONFORMITY

WITH THIS ORDER, THE CITY SHALL HAVE THE RIGHTS TO EITHER REJECT THE ITEMS OR REQUIRE CORRECTION. DEFECTIVE ARTICLES OR SERVICES SHALL BE REMOVED FROM CITY PREMISES AND/OR CORRECTED BY AND AT THE EXPENSE OF THE VENDOR. FAILURE TO INSPECT AND ACCEPT

OR REJECT SHALL NOT RELIEVE THE VENDOR FROM RESPONSIBILITY FOR COMPLIANCE WITH SPECIFICATIONS. FINAL ACCEPTANCE SHALL BE CONCLUSIVE EXCEPT AS REGARDS TO LATENT DEFECTS, FRAUD, OR SUCH GROSS MISTAKES AS AMOUNT TO FRAUD.

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

ITEMS COVERED BY THIS PURCHASE ORDER UNTIL DELIVERED AT THE DESIGNATED DELIVERY

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

12. SHIPMENT: ALL ITEMS F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED. WHEN AUTHORIZED, FREIGHT TO BE PREPAID. DO NOT SHIP COLLECT. ORIGINAL RECEIPTED FREIGHT BILL MUST ACCOMPANY THE INVOICE. SHIPMENT MUST BE MADE WITHIN THE TIME STATED ON PURCHASE

ORDER, FAILING WHICH CITY RESERVES THE RIGHT TO PURCHASE ELSEWHERE AND CHARGE #2..
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VENDOR WITH ANY LOSS INCURRED, UNLESS DELAY IN MAKING SHIPMENT IS DUE TO

UNFORESEEABLE CAUSES BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE OF THE VENDOR.

13. CHANGES: THIS PURCHASE ORDER MAY AT ANY TIME, BY WRITTEN ORDER, BE CHANGED IN REGARD

TO THE MATERIALS OR SERVICE TO BE FURNISHED, QUANTITIES ORDERED, UNIT PRICE, DISCOUNT, DELIVERY POINT OR ARRANGEMENTS, TERMS OR ANY OTHER MATTERS AFFECTING A VALID ORDER.

IN THE EVENT SUCH CHANGE CAUSES AN INCREASE OR DECREASE IN THE COST OF PERFORMANCE

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

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

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

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

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

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

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

16. DISCOUNT: IN CONNECTION WITH ANY DISCOUNT OFFERED, TIME WILL BE COMPUTED FROM DATE

OF DELIVERY TO CARRIER WHEN DELIVERY AND ACCEPTANCE ARE AT POINT OF ORIGIN, OR FROM

DATE OF DELIVERY AND ACCEPTANCE IF AT DESTINATION OR FROM DATE CORRECT INVOICE IS RECEIVED BY CITY, IF INVOICE DATE IS LATER THAN DATE OF DELIVERY.

17. INSURANCE: ALL ORDERS WHERE WORK, MAINTENANCE, OR SERVICE IS PERFORMED ON CITY PROPERTY REQUIRE APPROPRIATE INSURANCE AND INDEMNIFICATION. SERVICES WILL BE SUSPENDED WITHOUT PROPER INSURANCE CERTIFICATES BEING ON FILE WITH THE CITY. CONTACT CITY PURCHASING OFFICE TO VERIFY THE TYPE OF INSURANCE REQUIRED.

18. EXEMPTIONS: THE CITY IS EXEMPT FROM PAYMENT OF FEDERAL EXCISE TAX. ALL INVOICES SHALL BE EXCLUSIVE OF SUCH EXCISE TAX. IF PURCHASE IS NOT SUBJECT TO SALES TAX, THE STATEMENT FOR RESALE WILL APPEAR IN THE BODY OF THE PURCHASE ORDER.

19. INFRIGEMENT: VENDOR AGREES TO PROTECT, INDEMNIFY AND SAVE HARMLESS THE CITY AS

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

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

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

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

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

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

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

DIRECTLY OR INDIRECTLY OUT OF ANY NEGLIGENT OR INTENTIONAL ACT OR OMISSION OF VENDOR,

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

INDEMNIFY, AND HOLD THE CITY, ITS AGENTS, OFFICERS, AND EMPLOYEES HARMLESS UNDER THE

PROVISIONS OF THIS PARAGRAPH IS NOT LIMITED TO OR RESTRICTED BY ANY REQUIREMENT IN THIS #2..
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AGREEMENT FOR VENDOR TO PROCURE AND MAINTAIN A POLICY OF INSURANCE. IN THE

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

THE FOREGOING, THE PARTIES AGREE THAT ALL RISK OF LOSS, INCLUDING BUT NOT LIMITED TO

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

21. GOVERNING LAW: THIS PURCHASE ORDER SHALL BE DEEMED MADE IN, GOVERNED BY, PERFORMED

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

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

EMPLOYEES, INVITEES, OR LICENSEES, OR BE SET UP AT ANY TIME BECAUSE OF PERSONAL INJURY

OR DAMAGE TO PROPERTY SUSTAINED BY ANY OTHER PERSON OR PERSONS, WHICH MAY HAVE

BEEN CAUSED OR CONTRIBUTED TO, APPROXIMATELY OR REMOTELY, BY REASON OF OR IN THE COURSE OF PERFORMANCE OF THE PURCHASE ORDER. THE VENDOR SHALL ASSUME FULL

RESPONSIBILITY FOR THE DEFENSE OF ANY CLAIMS ARISING UNDER THE PURCHASE ORDER AND THE

VENDOR SHALL SAVE, KEEP, AND BEAR HARMLESS THE CITY, ALL OFFICERS AND EMPLOYEES

THEREOF, FROM ALL DAMAGES, COSTS, OR EXPENSES BECAUSE OF PERSONAL INJURY OR PROPERTY DAMAGE BASED ON THE PERFORMANCE OF THIS PURCHASE ORDER OR ASSERTED AGAINST IT.

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

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

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

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

25. ASSIGNMENT: NEITHER THIS PURCHASE ORDER NOR ANY PORTION THEREOF SHALL BE

SUBCONTRACTED OR ASSIGNED WITHOUT THE WRITTEN CONSENT OF THE CITY IN EACH AND EVERY INSTANCE.

26. MISCELLANEOUS: TIME IS OF THE ESSENCE IN EACH AND EVERY PROVISION OF THIS PURCHASE ORDER/AGREEMENT.
#2..
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ATTACHMENT A
ANNUAL PURCHASE AGREEMENT NO. 233560

CONCRETE BOXES, COVERS, VALVES, HYDRANTS AND FITTINGS

CONTRACTUAL PRICE LIST
Line Items 1-38: Prices Subject to change every 90 days. Validate lowest price among awarded vendors LINE
ITEM
COM # DESCRIPTION UNIT PRICE
1 100000 BOX, FIBRELYTE FL8 BOX $ 44.80
2 100010 BOX, CONCRETE F08, 8 1/2" ROUND $ 20.90
3 100020 BOX, CONCRETE UTILITY B9 BOX $ 35.20
4 100040 BOX, CONCRETE UTILITY B12 BOX $ 36.60
5 100050 BOX, FIBERLYTE FL 12 BOX $ 118.30
6 100060 BOX, FIBRELYTE 12" FL30 BOX 12 $ 221.70
7 100080 BOX, CONCRETE ELECTRICAL N30 BOX $ 50.60
8 100100 BOX, FIBRELYTE 12" FL36 BOX 12 $ 192.90
9 100120 BOX, CONCRETE UTILITY B36 BOX $ 67.90
10 100180 BOX, CONCRETE VALVE TRAFFIC G5 BOX $ 42.80
11 101000 COVER, CAST IRON MARKED WATER F8C $ 28.60
12 101010 COVER, CAST IRON MARKED SEWER F8C $ 28.60
13 101020 COVER, CAST IRON MARKED WATER B9C $ 61.30
14 101021 COVER, FIBERLYTE W/CI READ LID MARKED WATER FL9D $ 82.60 15 101040 COVER, CAST IRON MARKED WATER B12C $ 50.90
16 101041 COVER, FIBERLYTE W/CI READ LID MARKED WATER FL12D $ 66.30 17 101080 COVER, FIBRELYTE, MARKED ELEC., TRAFFIC SIGNAL, ST. LIGHT, WATER FL30D & 101084
$ 118.30
18 101081 COVER, CONCRETE MARKED ELECTRIC, TRAFFIC SIGNAL, OR STREET LIGHT N30D
$ 47.30
19 101082 COVER, CONCRETE W/CI READ LID MARKED WATER B30G $ 65.70 20 101120 COVER, CONCRETE MARKED TRAFFIC SIGNAL B36D $ 66.50 21 101121 COVER, CONCRETE W/CI READ LID MARKED WATER B36G $ 81.60 22 101123 COVER, FIBRELYTE MARKED TRAFFIC SIGNAL OR WATER FL36D & 101124
$ 187.30
23 101180 COVER, CAST IRON TRAFFIC MARKED/ WATER/SEWER OR MONUMENT G5C
$ 32.20
24 103181 RING, GRADE CI (RISER) G5 1" W/BOLTS INSTALLED G5GR10 $ 45.40 #2..
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25 103182 RING, GRADE CI (RISER) G5 1 1/2" W/BOLTS INSTALLED G5GR15
$ 51.70
26 103183 RING, GRADE CI (RISER) G5 2" W/BOLTS INSTALLED G5GR20 $ 65.10 27 101200 COVER, FIBERLYTE W/CI READ LID MARKED WATER FL16D $ 84.20 28 101083 COVER, CHECKER, PLATE WITH READ LID, CHRISTY B30-61G $ 244.50 29 101122 COVER, CHECKER, PLATE WITH READ LID, CHRISTY B36-61G $ 298.60 30 101220 COVER, CAST IRON MARKED
WATER BES G5C BES ONLY NO SUB
$ 32.20
31 101370 COVER, PLASTIC, GREEN MARKED
"WATER" 15 1/2" X 10 3/16" NDS D1200SGWTRL
$ 24.60
32 101375 COVER, PLASTIC, GRN MKD "WTR MTR" CVR:19.75" X 13.25" LID: 7.5" X 4.5" CARSON 1220-5
$ 37.50
33 105000 GRATE ONLY, CAST IRON A109/C-2818-01 $ 212.00 34 105100 COVER, CI MANHOLE, W/ONE VENT HOLE TO BE MKD CITY OF

MODESTO SEWER OR STORM
$ 330.50
35 107100 ASSEMBLY, CI MANHOLE COVER TO BE MARKED: "CITY OF MODESTO" "SEWER" OR "STORM"
$ 639.00
36 NEW
ITEM
BOX, CI, ROUND, 10", WITHOUT FLANGE, BINGHAM & TAYLOR
MARK V, CUL10RHVY, NO SUB
$ 96.60
37 100022 BOX, CI, ROUND, 10", WITH FLANGE, BINGHAM & TAYLOR MARK V, CUL10RHVYF, NO SUB
$ 135.50
38 101022 COVER, CI, ROUND, 10", STANDARD WATER, BINGHAM & TAYLOR MARK V, CUL10LHVYW
$ 43.60
39 128100 KIT GRIP RING ACCESSORY 4"
C900 ROMAC ONLY NO SUB
$ 65.00
40 128110 KIT GRIP RING ACCESSORY 6"
C900 ROMAC ONLY NO SUB
$ 75.00
41 128120 KIT GRIP RING ACCESSORY 8"
C900 ROMAC ONLY NO SUB
$ 107.00
42 128130 KIT GRIP RING ACCESSORY 10"
C900 ROMAC ONLY NO SUB
$ 153.00
43 128140 KIT GRIP RING ACCESSORY 12"
C900 ROMAC ONLY NO SUB
$ 210.00
44 128200 GRIP RING 4" SDR $ 76.30
45 128210 GRIP RING 6" SDR $ 92.60
46 128220 GRIP RING 8" SDR $ 129.90
47 128230 GRIP RING 10" SDR $ 225.50
48 128240 ACCESSORY PACK GRIP RING 12" SDR $ 239.20
49 128300 MEGA LUG C900 16" $ 293.40
50 128310 MEGA LUG DUCTILE 16" $ 234.20
51 212000 CHECK VALVE HYDRANT BREAK OFF SP-CLP619 $ 1,925.00 #2..
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52 212005 CHECK VALVE HYDRANT REPAIR KIT, 6 HOLE CR1621360, LP619 $ 259.00 53 212010 CHECK VALVE HYDRANT FLOWGUARD S24 AVK $ 1,800.80 54 128500 ADAPTER DI MJ X F 4" X 4" 6" LONG $ 59.00
55 128510 ADAPTER DI MJ X F 6" X 6" 6" LONG $ 81.00
56 128520 ADAPTER DI MJ X F 8" X 8" 6" LONG $ 121.00
57 128530 ADAPTER DI MJ X F 10" X 10" 6" LONG $ 210.00
58 128540 ADAPTER DI MJ X F 12" X 12" 6" LONG $ 269.00
59 129220 BEND OFFSET DI MJ 4" X 12" $ 126.00
60 129240 BEND OFFSET DI MJ 4" X 18" $ 170.00
61 129260 BEND OFFSET DI MJ 4" X 24" $ 196.00
62 129320 BEND OFFSET DI MJ 6" X 12" $ 216.00
63 129340 BEND OFFSET DI MJ 6" X 18" $ 265.00
64 129360 BEND OFFSET DI MJ 6" X 24" $ 335.00
65 129520 BEND OFFSET DI MJ 8" X 12" $ 308.00
66 129540 BEND OFFSET DI MJ 8" X 18" $ 383.00
67 129560 BEND OFFSET DI MJ 8" X 24" $ 546.00
68 129620 BEND OFFSET DI MJ 10" X 12" $ 450.00
69 129640 BEND OFFSET DI MJ 10" X 18" $ 534.00
70 129660 BEND OFFSET DI MJ 10" X 24" $ 1,075.20
71 129720 BEND OFFSET DI MJ 12" X 12" $ 537.00
72 129740 BEND OFFSET DI MJ 12" X 18" $ 650.00
73 129760 BEND OFFSET DI MJ 12" X 24" $ 917.00
74 130010 CROSS FIG 4" $ 172.00
75 130020 CROSS FIG 6" $ 359.20
76 130030 CROSS FIG 8" $ 536.60
77 130040 CROSS FIG 10" $ 1,059.80
78 130050 CROSS FIG 12" $ 1,199.50
79 130090 CROSS DI FLG 10" X 8" $ 830.00
80 NEW
ITEM
CROSS DI FLG 12" X 8" $ 1,080.00
81 NEW
ITEM
CROSS DI FLG 12" X 10" $ 1,298.00
82 NEW
ITEM
CROSS DI FLG 16" X 16" X 12" X 12" $ 1,892.00
83 130300 BEND CI FLANGE X FLANGE 4" X 90° $ 113.00
84 130310 BEND CI FLANGE X FLANGE 6" X 90° $ 175.00
85 130320 BEND CI FLANGE X FLANGE 8" X 90° $ 286.00
86 130330 BEND CI FLANGE X FLANGE 10" X 90° $ 455.00
87 130340 BEND CI FLANGE X FLANGE 12" X 90° $ 592.00
88 130400 BEND DI MJ 11.25 4" $ 47.00
89 130410 BEND DI MJ 11.25 6" $ 78.00
90 130420 BEND DI MJ 11.25 8" $ 105.00
91 130430 BEND DI MJ 11.25 10" $ 174.60
92 130440 BEND DI MJ 11.25 12" $ 210.00
#2..
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93 130450 BEND DI MJ 22.50 4" $ 48.00
94 130460 BEND DI MJ 22.50 6" $ 74.00
95 130470 BEND DI MJ 22.50 8" $ 116.00
96 130480 BEND DI MJ 22.50 10" $ 171.00
97 130490 BEND DI MJ 22.50 12" $ 224.00
98 130500 BEND DI MJ 4" X 45° $ 51.00
99 130510 BEND DI MJ 6" X 45° $ 81.00
100 130520 BEND DI MJ 8" X 45° $ 118.00
101 130530 BEND DI MJ 10" X 45° $ 172.00
102 130540 BEND DI MJ 12" X 45° $ 257.00
103 130700 BEND DI MJ X FLANGE 4" X 45° $ 77.00
104 130710 BEND DI MJ X FLANGE 6" X 45° $ 111.00
105 130720 BEND DI MJ X FLANGE 8" X 45° $ 214.00
106 130730 BEND DI MJ X FLANGE 10" X 45° $ 314.00
107 130740 BEND DI MJ X FLANGE 12" X 45° $ 467.00
108 131500 BEND DI MJ 4" X 90° $ 62.00
109 131510 BEND DI MJ 6" X 90° $ 101.00
110 131520 BEND DI MJ 8" X 90° $ 146.00
111 131530 BEND DI MJ 10" X 90° $ 230.00
112 131540 BEND DI MJ 12" X 90° $ 310.00
113 131700 BEND DI MJ X F 4" X 90° $ 70.00
114 131710 BEND DI MJ X F 6 X 90° $ 123.00
115 131720 BEND DI MJ X F 8" X 90° $ 215.00
116 131730 BEND DI MJ X F 10" X 90° $ 350.00
117 131740 BEND DI MJ X F 12 X 90° $ 503.00
118 132100 CAP DI MJ 4" WITH 2" FIPT OUTLET $ 48.00
119 132120 CAP DI MJ 6" WITH 2" FIPT OUTLET $ 65.00
120 NEW
ITEM
CAP DI MJ 6" WITH 4" FIPT OUTLET $ 150.80
121 132140 CAP DI MJ 8" WITH 2" FIPT OUTLET $ 91.00
122 132145 CAP DI MJ 8" WITH 4" FIPT OUTLET $ 177.60
123 132160 CAP DI MJ 10" WITH 2" FIPT OUTLET $ 108.00
124 132165 CAP DI MJ 10" WITH 4" FIPT OUTLET $ 194.80
125 132180 CAP DI MJ 12" WITH 2" FIPT OUTLET $ 150.00
126 NEW
ITEM
CAP DI MJ 12" WITH 4" FIPT OUTLET $ 237.40
127 132203 CAP DI MJ 16" WITH 4" FIPT OUTLET $ 367.00
128 132210 MJ PLUG / 2" FIPT OUTLET 4" $ 53.00
129 NEW
ITEM
PLUG MJ 6" WITH 2" FIPT OUTLET $ 77.00
130 132215 MJ PLUG / 4" FIPT OUTLET 6" $ 164.20
131 132219 MJ PLUG / 2" FIPT OUTLET 8" $ 104.00
132 132220 MJ PLUG / 4" FIPT OUTLET 8" $ 190.50
133 132225 MJ PLUG / 4" FIPT OUTLET 10" $ 251.30
134 132230 MJ PLUG / 4" FIPT OUTLET 12" $ 249.40
#2..
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135 132300 REDUCER DI MJ 6" X 4" $ 58.00
136 132310 REDUCER, SMALL END BELL 6" X 4" $ 60.00
137 132400 REDUCER DI MJ 8" X 6" $ 85.00
138 132480 REDUCER DI MJ 12" X 8" $ 146.00
139 132500 REDUCER DI MJ 12" X 10" $ 163.00
140 132610 REDUCER MJ SMALL END BELL 8" X 6" $ 91.00
141 132620 REDUCER MJ SMALL END BELL 10" X 8" $ 151.00
142 132630 REDUCER, LARGE END BELL 6" X 4" $ 91.00
143 132650 REDUCER, LARGE END BELL 8" X 6" $ 83.00
144 132680 REDUCER, LARGE END BELL 10" X 8" $ 152.00
145 132720 REDUCER, LARGE END BELL 12" X 10" $ 199.00
146 133800 SLEEVE DI MJ X MJ 4" X 12" $ 54.00
147 133810 SLEEVE DI MJ X MJ 6" X 12" $ 91.00
148 133820 SLEEVE DI MJ X MJ 8" X 12" $ 146.00
149 133830 SLEEVE DI MJ X MJ 10" X 12" $ 175.00
150 133840 SLEEVE DI MJ X MJ 12" X 12" $ 236.00
151 133860 SLEEVE DI MJ X MJ 16" X 12" $ 263.50
152 134140 SPOOL DI FLANGE X FLANGE 4" X 12" $ 275.00
153 134160 SPOOL DI FLANGE X FLANGE 6" X 12" $ 346.00
154 134180 SPOOL DI FLANGE X FLANGE 8" X 12" $ 511.00
155 134340 SPOOL DI FLANGE X FLANGE 4" X 18" $ 305.00
156 134360 SPOOL DI FLANGE X FLANGE 6" X 18" $ 382.00
157 134380 SPOOL DI FLANGE X FLANGE 8" X 18" $ 560.00
158 134740 SPOOL DI FLANGE X FLANGE 4" X 36" $ 396.00
159 134760 SPOOL DI FLANGE X FLANGE 6" X 36" $ 490.00
160 134780 SPOOL DI FLANGE X FLANGE 8" X 36" $ 713.00
161 134790 SPOOL DI FLANGE X FLANGE 4" X 48" $ 456.86
162 134795 SPOOL DI FLANGE X FLANGE 6" X 48" $ 561.80
163 134800 SPOOL DI FLANGE X FLANGE 8" X 48" $ 1,078.00 164 NEW
ITEM
SPOOL DI FLANGE X FLANGE 10" X 48" $ 1,051.52
165 134805 SPOOL DI FLANGE X FLANGE 12" X 48" $ 1,360.00 166 134820 SPOOL DI FLANGE X FLANGE 4" X 60" $ 504.00
167 134825 SPOOL DI FLANGE X FLANGE 6" X 60" $ 633.88
168 134830 SPOOL DI FLANGE X FLANGE 8" X 60" $ 915.00
169 134850 SPOOL DI FLANGE X FLANGE 10" X 60" $ 1,183.00 170 134840 SPOOL DI FLANGE X FLANGE 4" X 72" $ 576.00
171 134860 SPOOL DI FLANGE X FLANGE 6" X 72" $ 706.00
172 134855 SPOOL DI FLANGE X FLANGE 10" X 72" $ 1,315.00 173 135100 TEE CI FLG X FLG 4" $ 206.00
174 135110 TEE CI FLG X FLG 6" $ 256.00
175 135120 TEE CI FLG X FLG 8" $ 427.00
176 135130 TEE CI FLG X FLG 10" $ 649.00
177 135140 TEE CI FLG X FLG 12" $ 924.00
178 135200 TEE FIG SMALL END BELL 10" X 6" $ 351.10
#2..
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179 135300 TEE CI FLG X FLG 8" X 6" $ 368.00
180 135310 TEE FIG SMALL END BELL 10" X 8" $ 377.90
181 135400 TEE CI FLG X FLG 12" X 6" $ 763.30
182 135410 TEE CI FLG X FLG 12" X 8" $ 784.00
183 135495 TEE FLG 16" X 12" $ 1,460.00
184 135500 TEE DI MJ X MJ X FLANGE 4" $ 105.00
185 135510 TEE DI MJ X MJ X FLANGE 6" $ 166.00
186 135520 TEE DI MJ X MJ X FLANGE 8" $ 256.00
187 135525 TEE MJ X FLG DI 10" $ 468.00
188 135600 TEE DI MJ X MJ X FLANGE 8" X 6" $ 201.00
189 135650 TEE MJ X FIG 10" X 6" $ 342.00
190 135700 TEE DI MJ X MJ X FLANGE 12" X 6" $ 384.00
191 135710 TEE DI MJ X MJ X FLANGE 12" X 8" $ 427.00
192 136090 BURY HYDRANT MJ X F 6" X 6" X 24" $ 350.00
193 136095 BURY HYDRANT MJ X F 6" X 6" X 30" $ 345.00
194 136100 BURY HYDRANT DI MJ X F 6" X 6" X 36" $ 359.00 195 136150 BURY HYDRANT DI MJ X F 6" X 6" X 42" $ 410.00 196 136170 FLANGE BLIND CI OR STEEL 6 HOLE 6" CLASS D $ 150.10 197 136200 FLANGE BLIND CI/DI 125LB 4" $ 53.00
198 136210 FLANGE BLIND CI/DI 125LB 6" $ 79.00
199 136220 FLANGE BLIND CI/DI 125LB 8" $ 133.00
200 136230 FLANGE BLIND CI/DI 125LB 10" $ 199.00
201 136240 FLANGE BLIND CI/DI 125LB 12" $ 268.00
202 136310 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 6" $ 130.00 203 136320 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 8" $ 134.40 204 136330 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 10" $ 151.40 205 136340 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 12" $ 152.80 206 136900 CAP, HYDRANT, CAST IRON, VENTED WITH CHAIN RING, CHAINS, AND GASKET.
$ 67.40
207 136910 CAP, HYDRANT, CAST IRON, VENTED WITH CHAIN RINGS, CHAIN AND GASKET.
$ 147.00
208 NEW
ITEM
VALVE, SWING CHECK, FLANGE 6"X14” W/OUTSIDE LEVER &
WEIGHT
MFG BRAND/MDL NO: MATCO 120 WC
$ 939.20
209 144630 VALVE, SWING CHECK, FLANGE 8"X19.5” W/OUTSIDE LEVER & WEIGHT
MFG BRAND/MDL NO: MATCO 120 WC
$ 1,467.20
#2..
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210 NEW
ITEM
VALVE, SWING CHECK, FLANGE 10" X 24.5” W/OUTSIDE LEVER
& WEIGHT
MFG BRAND/MDL NO: MATCO 120 WC
$ 1,848.40
211 NEW
ITEM
VALVE, SWING CHECK, FLANGE 12"X 27.5 W/OUTSIDE LEVER &
WEIGHT
MFG BRAND/MDL NO: MATCO 120 WC
$ 2,939.40
212 NEW
ITEM
VALVE, GATE, OS&Y, FL X FL 4"
FNW/FIGURE 751
$ 223.00
213 NEW
ITEM
VALVE, GATE, OS&Y, FL X FL 6"
FNW/FIGURE 751
$ 350.00
214 NEW
ITEM
VALVE, GATE, OS&Y, FL X FL 8"
FNW/FIGURE 751
$ 565.00
PRICING IS F.O.B. DESTINATION, MODESTO, CA.

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

CITY OF MODESTO SALES TAX RATE 7.875%
PAYMENT TERMS: NET 30
VENDOR CONTACT: SHANE STOWE
[email protected]
(916) 758-0711
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CITY OF MODESTO

PURCHASING DIVISION
1010 TENTH ST., SUITE 5300
MODESTO, CA 95354
TEL: (209) 577-5405 FAX: (209) 544-8821
ANNUAL AGREEMENT NO. 233561
VENDOR:

ICONIX WATERWORKS INC
4522 PARKER AVE STE 700
MCCLELLAN CA 95652
SHIP TO:

CITYWIDE DIVISIONS
P.O. BOX 642
MODESTO, CA 95353
INVOICE TO:

CITY OF MODESTO

ACCOUNTS PAYABLE
P.O. BOX 642
MODESTO, CA 95353

ANNUAL AGREEMENT FOR THE PURCHASE OF CONCRETE BOXES, COVERS, VALVES, HYDRANTS AND FITTINGS ON AN “AS NEEDED” BASIS FOR THE CITY OF MODESTO WATER, WASTEWATER AND STORES DIVISION.

THE TERMS AND CONDITIONS OF RFB 2122-48 ARE AN INTEGRAL PART OF THIS AGREEMENT. ANNUAL AMOUNT NOT TO EXCEED $110,000 PER COUNCIL RESOLUTION 2022-_______

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

2. PRICING SHALL REMAIN FIRM FOR EACH CONTRACT YEAR, WITH THE EXCEPTION OF ITEMS 1-39 IN WHICH PRICING WILL BE OBTAINED EVERY 90 DAYS (AS NEEDED) AND AWARDED TO THE LOWEST BIDDER.
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PRICE INCREASES FOR SUBSEQUENT CONTRACT YEARS THREE, FOUR, AND FIVE, SHALL NOT EXCEED

REFER TO ATTACHMENT “A” FOR CONTRACTUAL PRICING

4. USAGE: CONTRACTOR SHALL PROVIDE WHATEVER QUANTITIES MAY BE REQUIRED DURING THE CONTRACT TERM. NO MINIMUM OR MAXIMUM QUANTITIES ARE GUARANTEED OR IMPLIED.

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

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

6. INVOICING: INVOICE SHALL REFERENCE AGREEMENT NO. 233561. THE INVOICE SHALL INCLUDE THE FIRST AND LAST NAME OF THE PERSON REQUESTING THE SERVICE. ALL INVOICES SHALL BE EMAILED DIRECTLY TO ACCOUNTS PAYABLE AT [email protected]