Agenda packet — Economic Development Committee, December 5, 2022 (part 2 of 2)

collected debris and materials are dumped, de-watered, and dried. The sewer and storm spoils, which are collected and profiled separately, must be properly disposed of at a permitted landfill.

Due to the classification of the materials and regulatory disposal requirements, the landfill site must be certified by the State Water Resource Control Board to accept waste classified as grit or sewer/stormwater spoils.

Prior to the landfill sites accepting the waste, each classification of waste must be tested and a waste profile created in order to verify composition and a non-hazardous status. The Landfill then creates a Special Waste Service Agreement with pricing specific to the waste content.

Each service Agreement profile is valid for three years before the waste must be re-tested.

The City has utilized Forward, Inc. Landfill for the disposal of grit and spoils for the past eleven years.

DISCUSSION:

In order to maintain compliance with the City’s NPDES permit, the City must maintain a contract for the disposal of wastewater git, sewer spoils, and storm spoils.

The City’s current Agreement is set to expire on January 31, 2023.

The City currently holds Agreements with Republic Services, Inc. dba Forward, Inc. Landfill in Manteca, CA due to the proximity of the Landfill to the City1.

There are three landfills located within one hour of the City: Republic Services, Inc. dba Forward, Inc. Landfill; Fink Road Landfill; and Altamont Landfill and Resource Recovery.

However, Fink Landfill and Altamont Landfill are not certified to accept sewer spoils or sewer grit waste.

The next closest landfill capable of accepting this type of waste is Kirby Canyon Landfill in Morgan Hill, CA2. This landfill as well as any others capable of accepting Sewer Grit and Spoils are undesirable due to their distance from the City and would result in increased hauling costs3 that outweigh any potential cost savings in Disposal fees.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, in excess of fifty thousand dollars ($50,000) to follow formal bid procedures. However, MMC 8-3.204(d) provides that a purchase may be exempted where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Additionally, Republic Services, Inc. dba Forward, Inc. Landfill should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(d) due to the limited disposal options available and the financial impacts beyond this immediate Agreement if these services were awarded to another landfill site. Therefore, this purchase qualifies for exemption from the formal bidding procedures.
1 Forward, Inc. Landfill is located 23.8 miles (28 minutes) from the City of Modesto. 2 Kirby Canyon Landfill is located 97.3 miles (1 hour and 42 minutes) from the City of Modesto. 3 The City of Modesto holds contracts with Bertolotti and Destination Anywhere for the hauling of Wastewater Grit, Sewer and Storm Spoils to the Landfill site. Transport costs are dependent on distance and based on an hourly rate. #3..
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Economic Development Committee, December 05, 2022
Non-Hazardous Waste Disposal: Wastewater Grit, Sewer Spoils and Storm Spoils

Page 3 of 4 ends

FISCAL IMPACT:

Sufficient funds are budgeted in the Sewer and Storm Drain Funds.

The previous five-year spend for the disposal of non-hazardous Wastewater grit, Sewer spoils, and Storm spoils is shown below.

WASTE AGREEMENT YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 5-YR TOTAL Wastewater Grit 132735 $29,826.45 $35,070.75 $30,868.86 $31,288.12 $23,651.77 $150,705.95 Sewer Spoils 132736 $27,302.35 $26,252.85 $0.00* $0.00* $0.00* $53,555.20 Yearly Expenditure $57,128.80 $61,323.60 $30,868.86 $31,288.12 $23,651.77 $204,261.15 FORWARD, INC.
5-YEAR SUMMARY
*Agreement #132736 services were combined with Agreement #132735 for Years 3, 4, and 5 above.

The overall disposal price per ton for Wastewater Grit, Sewer Spoils, and Storm Spoils has increased by an average of 65% from the previous profiling event. Due to this increase, the annual amount and total Agreement amount over six years have been calculated by applying this percent increase to our average annual cost from the previous five years.

The Forward, Inc. Landfill Service Agreement maintains that Forward, Inc. may increase the disposal fee annually at their discretion. There may also be increases in relation to the Environmental fee as rate increase are imposed on the landfill from outside agencies. The City has no control over these increases and is unable to place any pricing parameters on potential increases for their future disposal services. See Table below for the estimated Annual Cost break down and projection.

PREVIOUS COST
(per ton)

NEW COST
(per ton)

INCREASE
(%)

AVG INCREASE
(%)

YEARLY AVG

PROJECTED

YEARLY AVG

PROJECTED
6-YR TOTAL
$40.40 $75.00 86%
$27.56 $40.00 45%
FORWARD, INC.

COST DETERMINATION
65% $40,900 $67,485 $404,910
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the Sole Source Agreement(s) with Forward, Inc. for the Disposal of NonHazardous Sewer Grit, Sewer Spoils and Storm Spoils for a three-year Agreement with one (1) three-year extension option, for an annual estimated amount of $67,485, and a total amount not to exceed $404,910 over six years; and forwarding to Council for approval. #3..
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Economic Development Committee, December 05, 2022
Non-Hazardous Waste Disposal: Wastewater Grit, Sewer Spoils and Storm Spoils

Page 4 of 4 ends

Approved by:

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

1. Special Waste Service Agreement - Wastewater Grit

2. Special Waste Service Agreement - Sewer Spoils

3. Special Waste Service Agreement - Storm Spoils

4. Bid Waiver
#3..
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FAX
Date: 10/03/2022
From: Patricia Moreno TO: Robert Englent
Fax: 209-466-1067 Company: City of Modesto
Email: [email protected] Fax/email: «
Re: Waste Approval # 42042213621
Important: **Service Agreement Attached**
Please Read This Document!
We are pleased to inform you that waste profile Waste Approval Number 42042213621 has been approved to Forward Landfill for disposal. This is a two-page document. Please carefully review the attached Special Waste Service Agreement as well as the terms and conditions on page 2.

Please follow the instructions below prior to scheduling and shipping material to the landfill:
 Sign and date the Service Agreement in the space provided in the lower bottom left corner of the Service Agreement.
 Initial and date the terms and conditions page in the lower left corner of the page.  Return the service agreement via email to the sender or Fax to: 209-466-1067.  Failure to return properly executed documents in a timely manner could delay our ability to provide you with excellent service.

Scheduling Shipments & Non-Hazardous Waste Manifests:
 Please schedule large quantity shipments 24 to 48 hours in advance.  Each load must be accompanied by a signed and dated Republic Services Non-Hazardous Waste Manifest.
 Republic Services will pre-print and supply manifests to you.  If you have not received a manifest, please request manifests for your project by contacting Patricia Moreno at 800-204-4242 or via email: pmoreno@republicservices,com  A “wet” signature and shipment date is required by the authorized signatory on each manifest.  Any loads that arrive without a wet signature or the proper documentation will be rejected.

Please call your representative with any questions concerns. Thank you for your business! #3..
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INVOICE TO (Generator Billing Information)

GENERATOR
NAME (the “Generator”)
City of Modesto
ATTN:

Robert Englent
1221 Sutter Ave

CITY ZIP CODE
STATE Modesto, CA 95351
TEL. NO. FAX NO.
209-577-6222
LANDFILL FACILITY (“Facility”)

LEGAL ENTITY
NAME
Forward Landfill

ADDRESS
9999 S. Austin Rd

CITY ZIP CODE
STATE
Manteca, CA 95336
TEL. NO. FAX NO.
209-982-4298
AUTHORIZED BY: TITLE

CONTACT TITLE

1. Special Waste Services. Subject to the terms and conditions contained in this Agreement (as defined in Section 4), Company agrees to transport for disposal to, and cause to be accepted at, the Facility designated above, Acceptable Waste (as defined in Section 6) as designated below.

2. Rates:

A. Rates for Disposal:

Waste Disposal Method Disposal Rate: Fees / Taxes / Misc. Transportation Wastewater Grit Landfill $75.00 per ton See Below
Additional Information:
$2.27 per ton County Fee. *Fuel Recovery Fee 12.72% calculated on the disposal cost (fluctuates monthly) and the Environmental Fee of $19.71 per load
Rate is subject to annual price increase effective 1 year from the approval date. **Profile expires 08/30/2025** Cannot Exceed Daily Volume of
N/A
Without Prior Approval of Company.

B. Incorporation by Reference. In addition to Special Waste Profile(s), the following documents are incorporated by reference into this Agreement as if fully set forth herein.
1)
2)
C. Taxes, Fees & Other Charges. Generator shall also be liable for all taxes, fees, or other charges imposed by federal, state, local or provincial laws, ordinances and regulations, and all charges set forth in Section 9, including, without limitation, site specific fees, host fees, fuel recovery fees, environmental recovery fees and administrative fees.

3. Term of Agreement. . This Agreement is effective for 12 months beginning on 10/03/22 (the “Initial Term”) and shall automatically renew for successive 12 month periods (each, a “Renewal Term”), unless written notice of non-renewal is delivered in accordance with Section 19 by one party to the other party at least 30 days before the expiration of the Initial Term or any Renewal Term.

Except for requests for bids that Generator must send to multiple parties under any Applicable Laws, Generator grants to Company the right to bid and/or compete for any future services sought by Generator, whether by means of competitive bids or otherwise, that are for services comparable to those provided under this Agreement.

COMPANY AND GENERATOR, IN CONSIDERATION OF THE MUTUAL OBLIGATIONS CONTAINED IN THIS AGREEMENT, AGREE THAT THIS

IS A LEGALLY BINDING AGREEMENT WHICH IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ON THIS PAGE, AND ON THE REVERSE SIDE OF THIS PAGE. IN ADDITION, GENERATOR IS CERTIFYING THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS PAGE HAVE BEEN REVIEWED AND INITIALLED AT THE BOTTOM OF THE PAGE.

GENERATOR COMPANY
_______________________________________________ ___________________________________________________

SIGNATURE (AUTHORIZED REPRESENTATIVE) SIGNATURE (AUTHORIZED REPRESENTATIVE) _______________________________________________ Susan Allala, Special Waste Sales Representative

NAME AND TITLE (PLEASE PRINT) NAME AND TITLE (PLEASE PRINT) DATE:___________________________ DATE:_______________________________

SPECIAL WASTE DISPOSAL SERVICES AGREEMENT FOR

NON-HAZARDOUS WASTES
Special Waste Profile No: 42042213621
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GENERATOR: ________________ COMPANY: ________________ August 2020

4. The Agreement. This agreement of the parties (“Agreement”) for the disposal of Acceptable Waste shall consist of this Agreement, riders to the Agreement (if any), any Special Waste Profiles (including any approved changes and re-certifications) and any Application, permit and approval that may be applicable to the disposal of such Acceptable Waste (“Acceptable Waste Documentation”).

5. Waste Accepted at Facility. Generator represents, warrants and covenants that the waste delivered to Company at its Facility hereunder will be Acceptable Waste and will not contain any unacceptable quantity of hazardous materials or substances, radioactive materials or substances, or toxic waste or substances, as defined by applicable federal, state, local or provincial laws or regulations. Any waste which does not meet these requirements shall hereinafter be referred to as “Unacceptable Waste”. The Generator shall in all matters relating to the collection, transportation and disposal of the Acceptable Waste hereunder, comply with all applicable federal, state and local laws, regulations, rules and orders regarding the same (collectively, “Applicable Laws”).

6. Acceptable Waste. Only waste that satisfies each of the following criteria shall be accepted for disposal at the Facility (“Acceptable Waste”): (a) the waste conforms to the description set forth in the Acceptable Waste Documentation; (b) the waste does not contain any Unacceptable Waste; (c) the waste is accurately reflected on any Special Waste Profile(s) as directed by the Company pursuant to Section 7; (d) the waste is acceptable for disposal at the Facility under all Applicable Laws; and (e) the transportation to and disposal of the waste at the Facility is otherwise in accordance with this Agreement. The parties may incorporate additional Acceptable Waste as part of this Agreement if prior to delivery of such Waste to Company, Generator has provided an Application for such Acceptable Waste and Company has approved disposal of such Acceptable Waste within the limitations and conditions contained in Company’s written notice of approval of Special Waste Disposal. Title to and liability for any and all Acceptable Waste handled or disposed of by Company shall at all times remain with Generator and Broker (if a Broker is involved).

7. Rights of Refusal/Rejection. The Generator shall inspect all waste at the place(s) of collection and shall remove any and all Unacceptable Waste. Company has the right to refuse, or to reject after acceptance, any load(s) of waste(s) delivered to its Facility including if the Company believes (a) Generator has breached (or is breaching) its representations, warranties, covenants or agreements in this Agreement or any Acceptable Waste Documentation, or any Applicable Laws; or (b) that the waste contains Unacceptable Waste. The Company has the right to refuse, or to reject after acceptance, any load(s) of waste(s) delivered to its Facility if the Company has reason to believe, in its sole discretion, that the waste: (1) emits excessive odors; and/or (2) negatively impacts operations at the Facility. Company shall have the right to inspect all vehicles and containers of waste haulers, including the Generator’s vehicles, in order to determine whether the waste is Acceptable Waste pursuant to this Agreement and all Applicable Laws. The Company’s exercise, or failure to exercise, its rights hereunder shall not operate to relieve the Generator of its responsibilities or liability under this Agreement.

8. Limited License to Enter. This Agreement provides Generator with a license to enter the Facility for the limited purpose of, and only to the extent necessary for, off-loading Acceptable Waste at the Facility in the manner directed by Company. Except in an emergency, Generator’s personnel shall not leave the immediate vicinity of their vehicle.

After off-loading the Acceptable Waste, Generator’s personnel shall promptly leave the Facility. Under no circumstances shall Generator or its personnel engage in any scavenging of waste or other materials at the Facility. The Company reserves the right to make and enforce reasonable rules and regulations concerning the operation of the Facility, the conduct of the drivers and others on the Facility premises, quantities and sources of waste, and any other matters necessary or desirable for the safe, legal and efficient operation of the Facility including, but not limited to, speed limits on haul roads imposed by the Company, and the wearing of hard hats and other personal protection equipment by all individuals allowed on the Facility premises. Generator agrees to conform to such rules and regulations as they may be established and amended from time to time. Company may refuse to accept waste from and shall deny an entrance license to, any of Generator’s personnel whom Company believes is under the influence of alcohol or other chemical substances. Generator shall be solely responsible for its employees and subcontractors performing their obligations in a safe manner when at the facility of Company.

9. Charges and Payment. Company shall have the right to immediately terminate and/or suspend this Agreement upon the occurrence of any of the following events of default:
(a) Generator’s failure to timely pay any amounts due under this Agreement to Company; (b) Generator’s breach of any of its obligations, representations, warrants or covenants under this Agreement or any Acceptable Waste Documentation; or (c) the filing of a voluntary or involuntary petition for reorganization or bankruptcy against Generator. Generator shall be liable for any losses, claims, expenses and damages incurred by Company as a result of suspension or termination hereunder. Generator’s obligations, representations, warranties and covenants regarding the Acceptable Waste delivered and all indemnities contained in this Agreement shall survive expiration and termination of this Agreement. Additionally, Company shall have the right to terminate this Agreement for convenience at any time on 30 days’ notice to Generator.

10. Termination/Suspension. Company shall have the right to immediately terminate and/or suspend this Agreement upon the occurrence of any of the following events of default: (a) Generator’s failure to timely pay any amounts due under this Agreement to Company; (b) Generator’s breach of any of its obligations, representations, warrants or covenants under this Agreement or any Acceptable Waste Documentation; or (c) the filing of a voluntary or involuntary petition for reorganization or bankruptcy against Generator. Generator shall be liable for any losses, claims, expenses and damages incurred by Company as a result of suspension or termination hereunder. Generator’s obligations, representations, warranties and covenants regarding the Acceptable Waste delivered and all indemnities contained in this Agreement shall survive expiration and termination of this Agreement. Additionally, Company shall have the right to terminate this Agreement for convenience at any time on 30 days notice to Generator.

11. Personnel Knowledge and Authority. Generator represents, warrants and covenants that its drivers who deliver Acceptable Waste to Company’s Facility have been advised by Generator of the Company’s prohibition on deliveries of hazardous materials or substances, radioactive materials or substances, or toxic waste or substances or any other Unacceptable Waste to the Facility of Company’s restrictions on deliveries of Special Waste to the Facility, of the definitions of “Hazardous Waste and Hazardous Substances” as provided by applicable federal, state and local law, rules and regulations and “Special Waste” as provided herein, and of the terms of this license to enter Company’s Facility.

12. Indemnification. Generator agrees to indemnify, defend and hold harmless Company, the legal entity owning and/or operating the Facility, their subsidiaries, affiliates and parent corporations, as applicable, and each of their respective officers, directors, lenders, employees, subcontractors and agents (collectively, the “Company Indemnified Parties”) from and against any and all claims, suits, losses, liabilities, assessments, damages, fines, costs and expenses, including reasonable attorneys’ fees (collectively, “Losses”) arising out of or related to (a) the transportation to and/or disposal of any Unacceptable Waste at the Facility, whether or not Generator or Company was negligent in failing to identify the Unacceptable Waste; (b) the reloading and/or removal of Unacceptable Waste at the Facility; (c) any penalties, fines or remediation activities incurred by or imposed as the result of the transportation and/or disposal of Unacceptable Waste; (d) any increased inspection, testing, study and analysis costs made necessary due to reasonable concerns of Company as to the content of the waste transported and/or disposed of at the Facility following discovery of potentially Unacceptable Waste; and (e) the Company’s inability to use the Facility due to the presence of Unacceptable Waste including without limitation any consequential damages. Company may also, in its sole discretion, require Generator to promptly remove the Unacceptable Waste at Generator’s sole expense. The indemnification and other obligations stated in this Section 12 shall survive the expiration and termination of this Agreement.

13. Insurance. Generator shall maintain in full force and effect throughout the term of this Agreement the following types of insurance in at least the amounts specified below:

Coverages Minimum Amounts of Insurance
Worker’s Compensation Statutory
Employer’s Liability $1,000,000
General Liability $1,000,000 combined single limit
Automobile Liability (if Generator hauling) $1,000,000 combined single limit All insurance will be by insurers authorized to do business in the state in which the Facility is located. Generator shall deliver the Certificates of Insurance evidencing the foregoing policies to Company before Generator delivers any waste to the Facility pursuant to this Agreement. In addition, the (i) Commercial General Liability (including the Umbrella/Excess policy) policy must include Contractual Liability coverage specifically covering Generator’s indemnification of Company, and (ii) The Commercial General Liability, Automobile Liability and the Umbrella/Excess Liability policies must be written on an “occurrence form”. Said polices shall not thereafter be canceled, be permitted to expire or laps, or be changed without 30 days advance written notice has been given to Company. With the exception of workers’ compensation, Company shall be shown as additional insureds under all of the insurance policies required by this Section 13. The policies required by this Section 13 shall be primary and noncontributory with respect to Company, and the insurance providers shall agree to waive their rights of subrogation against Company.

14. Failure to Perform. Except for Generator’s obligation to pay amounts due to Company, neither party shall be liable for its failure to perform due to circumstances that are both not its fault and beyond its reasonable control, including, but not limited to, strikes or other labor disputes, riots, protests, civil disturbances or sabotage, changes in law, fires, floods, compliance with government requests, explosions, accidents, weather, lack of required natural resources, or acts of God affecting either party. If any of the circumstances provided for in the preceding sentence occur, including, without limitation, whether any federal, state or local court or governmental authority takes any action that would (a) close or restrict operations at the Facility; or (b) limit the quantity or prohibit the disposal of Acceptable Waste at the Facility, Company shall have the right to reduce, suspend or terminate Generator’s access to the Facility immediately, without prior notice; provided, however, that Generator’s payment and indemnification obligations shall survive such reduction, suspension or termination. Neither Party is required to settle any labor dispute against its own best judgment.

15. Assignment; Performance of Services. Generator may not assign, transfer, subcontract or otherwise vest in any other company, entity or person, in whole or in part, any of its rights or obligations under this Agreement without the prior written consent of Company, which Company may withhold in its sole discretion. Company may freely assign this Agreement or any of its rights or obligations thereunder, to any other company, entity or person, in its sole discretion. Additionally, Company may freely use any of its affiliates to provide the services and fulfill Company’s obligations under this Agreement.

16. Right of Disposal. This Agreement does not grant any rights to dispose of waste other than as specifically set forth in this Agreement.

17. Continuing Compliance. The Generator has a continuing obligation to inform the Company of any new information, or information not previously provided to the Company by Generator which may affect the acceptability of the waste by the Company. Further, the Generator shall comply with all Company requests for evidence of Generator’s continuing compliance with the terms of the Agreement including but not limited to the following: (i) providing new, updated Special Waste profiles on the waste(s) offered for disposal or, (ii) providing appropriate certification that the waste being offered for disposal is accurately reflected by the appropriate Special Waste Profile or, (iii) resample the waste at Generator’s expense if reasonable cause exists as to its acceptability under the terms of this Agreement or, (iv) allow the Company to re-sample the waste at Generator’s expense if reasonable cause exists as to its acceptability under the terms of this Agreement or any Acceptable Waste Documentation.

18. Miscellaneous.
(A) This Agreement shall be governed by the laws of the State in which the Facility is located.
(B) No waiver of a breach of any of the obligations contained in the Agreement shall be construed to be a waiver of any prior or succeeding breach of the same obligation or of any other obligation of this Agreement.
(C) Unless otherwise provided for herein, no modification, release, discharge or waiver of any provision or obligation hereof shall be of any force, or effect, unless in writing signed by all parties to this Agreement.
(D) Generator shall treat as confidential and not disclose to others during or subsequent to the terms of this Agreement, except as is necessary to perform this Agreement, or to comply with any applicable law or regulation any information (including any technical information, experience or date) regarding the Company’s plans, programs, plants, processes, products, costs, equipment or operations which may come within the knowledge of the Generator or its employees in the performance of this Agreement, without in each instance securing the prior written consent of the other Company.
(E) If any term, phrase, obligation or provision of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, this Agreement shall remain in effect and be construed without regard to such term, phrase, obligation or provision. (F) This Agreement constitutes the entire understanding between the parties, replacing and amending any prior agreements between the parties, and shall be binding upon all parties hereto, their successors, heirs, representatives and assigns. Any provision, term or condition in any acknowledgement, purchase order or other response by Generator which is in addition to or different from the provisions of this Agreement shall be deemed objected to by the Company and shall be of no effect. (G) Generator represents, warrants and covenants that it is and, during the term of this Agreement will remain, in compliance with and will perform its obligations pursuant to all applicable laws and regulations and shall indemnify, defend and hold harmless the Company from any breach thereof.
(H) It is the understanding and agreement of the parties that the Company is an independent contractor, and is not an agent, nor an authorized representative of the Generator.
(I) Company may provide any of the Services covered by this Agreement through any of its affiliates or subcontractors, provided that Company shall remain responsible for the performance of all such services and obligations in accordance with this Agreement

19. Notices. All notices required under this Agreement shall be considered as having been given upon being placed in the mail, certified postage prepaid, addressed to Company or Generator at the address herein set forth in this Agreement or to such other address as may be given to the other party in writing.

20. Liquidated Damages. If Generator terminates this Agreement before its expiration other than as a result of a breach by Company, Generator shall pay Company an amount equal to the most recent month’s monthly charges multiplied by the lesser of (a) six months or (b) the number of months remaining in the term. Generator acknowledges that in the event of such a termination, actual damages to Company would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to Company, such amount does not constitute a penalty, and such amount is reasonable under the circumstances. Any amount payable under this paragraph shall be in addition to amounts already owing under this Agreement
#3..
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FAX
Date: 10/04/2022
From: Patricia Moreno TO: Robert Englent
Fax: 209-466-1067 Company: City of Modesto
Email: [email protected] Fax/email: «
Re: Waste Approval # 42042213622
Important: **Service Agreement Attached**
Please Read This Document!
We are pleased to inform you that waste profile Waste Approval Number 42042213622 has been approved to Forward Landfill for disposal. This is a two-page document. Please carefully review the attached Special Waste Service Agreement as well as the terms and conditions on page 2.

GENERATOR
NAME (the “Generator”)
City of Modesto
ATTN:

Robert Englent
1221 Sutter Ave

CITY ZIP CODE
STATE Modesto, CA 95351
TEL. NO. FAX NO.
209-577-6222
LANDFILL FACILITY (“Facility”)

LEGAL ENTITY
NAME
Forward Landfill

ADDRESS
9999 S. Austin Rd

CITY ZIP CODE
STATE
Manteca, CA 95336
TEL. NO. FAX NO.
209-982-4298
AUTHORIZED BY: TITLE

CONTACT TITLE

2. Rates:

A. Rates for Disposal:

Waste Disposal Method Disposal Rate: Fees / Taxes / Misc. Transportation Sewer Spoils Landfill $40.00 per ton See Below
Additional Information:
$2.27 per ton County Fee. *Fuel Recovery Fee 12.72% calculated on the disposal cost (fluctuates monthly) and the Environmental Fee of $19.71 per load
Rate is subject to annual price increase effective 1 year from the approval date. **Profile expires 08/30/2025** Cannot Exceed Daily Volume of
N/A
Without Prior Approval of Company.

COMPANY AND GENERATOR, IN CONSIDERATION OF THE MUTUAL OBLIGATIONS CONTAINED IN THIS AGREEMENT, AGREE THAT THIS

GENERATOR COMPANY
_______________________________________________ ___________________________________________________

SIGNATURE (AUTHORIZED REPRESENTATIVE) SIGNATURE (AUTHORIZED REPRESENTATIVE) _______________________________________________ Susan Allala, Special Waste Sales Representative

NAME AND TITLE (PLEASE PRINT) NAME AND TITLE (PLEASE PRINT) DATE:___________________________ DATE:_______________________________

SPECIAL WASTE DISPOSAL SERVICES AGREEMENT FOR

NON-HAZARDOUS WASTES
Special Waste Profile No: 42042213622
#3..
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GENERATOR: ________________ COMPANY: ________________ August 2020

13. Insurance. Generator shall maintain in full force and effect throughout the term of this Agreement the following types of insurance in at least the amounts specified below:

16. Right of Disposal. This Agreement does not grant any rights to dispose of waste other than as specifically set forth in this Agreement.

20. Liquidated Damages. If Generator terminates this Agreement before its expiration other than as a result of a breach by Company, Generator shall pay Company an amount equal to the most recent month’s monthly charges multiplied by the lesser of (a) six months or (b) the number of months remaining in the term. Generator acknowledges that in the event of such a termination, actual damages to Company would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to Company, such amount does not constitute a penalty, and such amount is reasonable under the circumstances. Any amount payable under this paragraph shall be in addition to amounts already owing under this Agreement
#3..
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FAX
Date: 10/04/2022
From: Patricia Moreno TO: Robert Englent
Fax: 209-466-1067 Company: City of Modesto
Email: [email protected] Fax/email: «
Re: Waste Approval # 42042213619
Important: **Service Agreement Attached**
Please Read This Document!
We are pleased to inform you that waste profile Waste Approval Number 42042213619 has been approved to Forward Landfill for disposal. This is a two-page document. Please carefully review the attached Special Waste Service Agreement as well as the terms and conditions on page 2.

Please call your representative with any questions concerns. Thank you for your business! #3..
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INVOICE TO (Generator Billing Information)

GENERATOR
NAME (the “Generator”)
City of Modesto
ATTN:

Robert Englent
1221 Sutter Ave

CITY ZIP CODE
STATE Modesto, CA 95351
TEL. NO. FAX NO.
209-577-6222
LANDFILL FACILITY (“Facility”)

LEGAL ENTITY
NAME
Forward Landfill

ADDRESS
9999 S. Austin Rd

CITY ZIP CODE
STATE
Manteca, CA 95336
TEL. NO. FAX NO.
209-982-4298
AUTHORIZED BY: TITLE

CONTACT TITLE

2. Rates:

A. Rates for Disposal:

Waste Disposal Method Disposal Rate: Fees / Taxes / Misc. Transportation Storm Spoils Landfill $40.00 per ton See Below
Additional Information:
$2.27 per ton County Fee. *Fuel Recovery Fee 12.72% calculated on the disposal cost (fluctuates monthly) and the Environmental Fee of $19.71 per load
Rate is subject to annual price increase effective 1 year from the approval date. **Profile expires 09/13/2023** Cannot Exceed Daily Volume of
N/A
Without Prior Approval of Company.

3. Term of Agreement. . This Agreement is effective for 12 months beginning on 10/04/2022 (the “Initial Term”) and shall automatically renew for successive 12 month periods (each, a “Renewal Term”), unless written notice of non-renewal is delivered in accordance with Section 19 by one party to the other party at least 30 days before the expiration of the Initial Term or any Renewal Term.

COMPANY AND GENERATOR, IN CONSIDERATION OF THE MUTUAL OBLIGATIONS CONTAINED IN THIS AGREEMENT, AGREE THAT THIS

GENERATOR COMPANY
_______________________________________________ ___________________________________________________

SIGNATURE (AUTHORIZED REPRESENTATIVE) SIGNATURE (AUTHORIZED REPRESENTATIVE) _______________________________________________ Susan Allala, Special Waste Sales Representative

NAME AND TITLE (PLEASE PRINT) NAME AND TITLE (PLEASE PRINT) DATE:___________________________ DATE:_______________________________

SPECIAL WASTE DISPOSAL SERVICES AGREEMENT FOR

NON-HAZARDOUS WASTES
Special Waste Profile No: 42042213619
#3..
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GENERATOR: ________________ COMPANY: ________________ August 2020

13. Insurance. Generator shall maintain in full force and effect throughout the term of this Agreement the following types of insurance in at least the amounts specified below:

16. Right of Disposal. This Agreement does not grant any rights to dispose of waste other than as specifically set forth in this Agreement.

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

December 5 2022
Date: October 31, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award of Bid for Bio-Solids Removal and Land Application CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected] 209-577-6255
DESCRIPTION:

Consider approving the Award of Bid and Agreement for the Furnishing of Bio-Solids Removal and Land Application Services with Jim Brisco Enterprises, Inc., Atwater, CA, for a total amount not to exceed $810,891 over five years. (Funding Source: Wastewater Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City of Modesto's Water Quality Control Facility (WQCF) in part operates under the Waste Discharge Order (WDR) No. 94-030 for bio-solids land disposal operations. During the primary treatment process at the City’s Sutter WQCF, solids are separated and removed from the wastewater stream. Specifically, the solids are separated at the clarifier by removing fats, oil and grease (FOG) from the top layer and the settled sludge from the bottom layer. From the clarifier, the sludge is pumped to the digester where it is anaerobically broken down. The now digested sludge is pumped to the drying beds to be dried out. The City currently uses an outside service provider under a purchasing Agreement to remove the dried sludge (bio-solids) from the drying beds which are then transported to the City’s Jennings WQCF for land application on the Jennings ranch.

On September 5, 2017, by Resolution 2017-342, Council approved the award of bid for biosolids removal and land application services to Jim Brisco Enterprises, Inc., Atwater, CA, for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual cost of $145,600, or a total of up to $728,000 over five years. #4..
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Economic Development Committee, December 5, 2022
Award of Bid for Bio-Solids Removal and Land Application

Page 2 of 3 ends

The existing Agreement is set to expire on March 4, 2023 DISCUSSION:

The City’s Sutter WQCF requires a new five-year Agreement for bio-solids removal and land application services. Without an Agreement the City would not be able to legally dispose of biosolids at the City’s ranch located at the Jennings WQCF and would be at risk of violating WDR Order No. 94-030.

The City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for bio-Solids removal and land application services.

On June 30, 2022, the Purchasing Division issued RFB 2122-35, for Bio-Solids Removal and Land Application services on Planet Bids via the City’s website under six (6) commodity codes1.

Prospective bidders were notified online and via email of the bid opportunity. Nineteen (19) companies chose to download the RFB document.

On August 9, 2022, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream2. One company chose to respond. Based on providing the lowest responsive and responsible bid, City staff recommends the award of bid for Bio-Solids Removal and Land Application services to Jim Brisco Enterprises, Inc., Atwater, CA.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. An award of bid and Agreement for Bio-Solids Removal and Land Application services, to Jim Brisco Enterprises, Inc. conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Jim Brisco Enterprises, Inc., Atwater, CA, was the lowest responsive and responsible bid.

FISCAL IMPACTS:

Expenditures over the past five years for Bio-Solids Removal and Land Application Services are shown below:

YEAR EXPENDED
FY2017-18 $86,346.62
FY2018-19 $79,384.03
FY2019-20 $77,995.74
FY2020-21 $85,962.60
FY2021-22 $182,351.32
TOTAL $512,040.31
1 89065 – Sewage and Waste Treating Equipment and Supplies, 92596 – Wastewater Treatment Engineering, 95812 – Bio-Solids Management Services, 96834 – Dredging Services, 96895 – Wastewater Treatment Plant, Operations, and Testing, 96896 - Water and Wastewater Treatment Services. 2 Staff implemented a virtual bid opening in an effort to slow the spread of COVID-19. #4..
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Economic Development Committee, December 5, 2022
Award of Bid for Bio-Solids Removal and Land Application

Page 3 of 3 ends

The requested estimated annual amount of $145,500 and a total amount not to exceed $810,891 over five (5) years allows for a 9% CPI increase for years three (3) through five (5) of the Agreement to ensure we have enough funds to cover any unforeseen fuel or increases over the five (5) year term of this Agreement.

Year Amount 9% CPI Total
One $145,500 0 $145,500
Two $145,500 0 $145,500
Three $145,500 $13,095 $158,595
Four $158,595 $14,274 $172,869
Five $172,869 $15,558 $188,427
Total Amount Not to Exceed $810,891
Funds to cover the costs associated with this Agreement will be budgeted annually in the Wastewater Fund in account 4210-44312-53100.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the Award of Bid and Agreement for the Furnishing of Bio-Solids Removal and Land Application services to Jim Brisco Enterprises, Inc., Atwater, CA, for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $145,500, and a total amount not to exceed $810,891 over five (5) years; and authorizing the City Manager, or his designee, to execute the Agreement, and forwarding to Council for approval.

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

1. Annual Agreement

2. Exhibit B Bid Submittal

3. Exhibit C RFB 2122-35

4. Financial Interest Disclosure

5. Cost Abstract
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1 ANNUAL AGREEMENT NO. 231682

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES
JIM BRISCO ENTERPRISES, INC.

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 Jim Brisco Enterprises, 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 BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an AGREEMENT for the BIOSOLIDS REMOVAL AND LAND APPLICATION SERVICES as described in RFB 2122-35, attached hereto as Exhibit “C”, and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit C, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
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2 d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said service at the following AGREEMENT rates, for an estimated annual amount of $145,500, and a total amount not to exceed $810,891 over five (5) years.

AGREEMENT PRICING
Item Description Prevailing Wages Required
Unit Unit Price
Bio-Solids service Sutter Treatment
Plant to Jennings Treatment Plant Ton $48.50
Bio-Solids Land Application Lot $0.00
Equipment
Screening Equipment Vibrating Screen
Leveling Equipment Box Scraper
Hydrating Equipment Water Truck
Loading Equipment Loader
Rototilling Equipment Rototiller/Disc
Spreading Equipment Ag Spreader

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#: 439759

3. CITY CONTACT:

Department Contact: Ben Koehler, WQC Superintendent – Chief Plant Operator, (209) 342-4502 Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:

Contractor: George Morrow, President, (209) 356-3275, [email protected] #4..
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3 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: March 5, 2023 through March 4, 2024
Year 2: March 5, 2024 through March 4, 2025
Year 3: March 5, 2025 through March 4, 2026
Year 4: March 5, 2026 through March 4, 2027
Year 5: March 5, 2027 through March 4, 2028
Pricing will remain firm for the first two (2) years of the AGREEMENT. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.

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

Price increases 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 Risk Manager. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall #4..
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4 be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR’s and subcontractors; products and completed operations; and/or professional liability. b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. d) Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the 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 #4..
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5 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 of the CITY.

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

7. PAYMENT:

CONTRACTOR shall invoice CITY upon completion of service. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the services by the CITY, and receipt of a properly prepared invoice subject to cash discounts allowed and stated in this bid document. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 Reference Annual AGREEMENT #: 231682
 CITY department/division name and address
 Billing period
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6  Service hours worked day and week
 Service Location
 Unit price, extended price, sales tax, and total

8. INDEMNITY:

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

CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. ARBITRATION:

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; #4..
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7 both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding, and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

10. GOVERNING LAW:

This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

12. TERMINATION OF SERVICES:

Termination by CITY for 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 #4..
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8 God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason.

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and subcontractors except as necessary to complete any portion of the work that is not terminated.
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered. d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY. #4..
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9 f. Complete performance of such part of the work as has not been terminated. g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work.
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR's work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subcontractor AGREEMENT’s 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 #4..
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10 the City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days after receipt of written notification from CITY of termination of the AGREEMENT.

In the event that termination of this AGREEMENT is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims or any other claims for delay shall be retroactive to the date of termination selected by the City Manager or his/her designee.

13. COMPLIANCE WITH ALL LAWS:

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

14. AGREEMENT DOCUMENTS:

The complete AGREEMENT between the parties hereto consists of this AGREEMENT and the following documents which are incorporated herein by this reference:
a. Exhibit A Resolution No. 2022-_______
b. Exhibit B CONTRACTOR submittal
c. Exhibit C RFB 2122-26
d. Insurance Certificates
e. City of Modesto 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.

15. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar #4..
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11 week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Jim Brisco Enterprises, Inc.
221 Airpark Rd, Suite A
Atwater, CA 95301
Attn: George Marrow
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

16. SIGNATOR (IES) FOR CONTRACTOR:

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

17. ASSIGNMENT:

Neither this AGREEMENT nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

18. WAIVER:

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

19. HEADINGS NOT CONTROLLING:

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

20. MISCELLANEOUS:

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

21. ENTIRE AGREEMENT:

This AGREEMENT and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S #4..
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12 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.

22. PARTIAL INVALIDITY:

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

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 Jim Brisco Enterprises has caused this AGREEMENT to be duly executed.
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REQUEST FOR BID AND SPECⅢICATIONS NO. 2122_35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES
The CITY IS sollCltmg bids fro皿qua随ed Bldders to fumlSh lts requnementS Per血e specifi。如OnS- temS and ∞nd涌on§ COntalned m the above referenced BI D ACKNOV几EDGEMENT 回国
bld l-unber This Bld Acknowledgement must be completed’Signed b}′ a reSPOnSlble officer or enpIoyec’dated狐d submitted w]th the bld respouse Obligat[OnS aSSumed by such slgnature must be f血filled 宣●蒜護憲濃護憲器繋護憲叢器驚蓋欝鵠

2. Failure to Submit Bid: Ifyou are not submitting a bld but wan=o remain on血e mailing llS↓ and recelVe future blds, COmPlete, Sign and refu皿 thlS Bid Acknowledgement and state the reason you are not pricing

3. Tares and FrdgIlt Charges: (dy Unless o血erwISe requued and specified m the RFBJthe pr]Ces quOted herein do not mchrde Sales, Use or 坐斐a!C§S @) No charge for dellVeJ)′・ drqynge, exPresS, ParCel post packmg, Cartage言nsurance. 1i∞nSe fees, P高市irsio黍‾謡i,預s:示も, 狐)「 Other purpose・ eXCeP=aXe§ legall}′ Paychle by CITY㍉will be pard by the CITY unless expressly lnCluded孤d itemlZed m the bid (c) Amount pald for transportation of property to血e CITY IS eXemPt from Federal Transpor劇lOn Tax. An exemptlOn Certificate lS nOt requlred where the shlPPlng Paper Shows the ∞nSignee as one (l) of the AgencleS; aS Such papers may be accapted by the caner as proof of the exempt Character of血e shipment (d) A血cles sold to血e AgencleS are eXemPt from certain Federal excISe taxe§ The Agencies ¥vill funlish an exemptlOn Certificate

4. Award: (a) Unless otherwise specified by the bldder or血e RFB gives notlCe Ofan allor-nOne a“nd, the CITY may a∞ePt any iten or group Of items of any bld華) Bids are subect to acceptance at any ti]皿e Wlthln血rty (30)両論で6証ing, unless otherwISe SPeCifi。d in血。 RFB. (。) A valid, untten Purchase order mailed, Or Otherwnse fum〃Shed’to血e succesrful bidder within血e time for acceptance §Peeified results in a bmding contract without further action by either party十・ The cont重act sha11 be mterpreted’COnstrued and glVen eife(高一all respects accordlng to the laWs Of血e State of Califomla
S. Patent血demnity: Bidders who do business ‘軸心e CITY shall llOld血e CITY証officers’agentS and emp-o)ceS, hamless from llab坤y of any nature or kmd言ncluding ∞St and expenses’for infru-gement Or uSe Of狐y Patent’COPyright or o血er proprictar)' right, SeCret ProCeSS, Palenled or um-Palen胤inven‘ion, 8rdele or appliance fumlShed or used in comechon wi‘h the ∞"llrac‘ or purchase order.

6. §狐pIes: Samples of ltemS, when required’Shall be fumished free ofexpense to the CITY and if not destroyed by test upon request (made when the s狐nPle lS fumIShed)、 be retumed at the bldder’s expense 7’駕篭総譜誌密語盤s忠霊認諾岩盤霊轟謹言譜露盤露盤霊 and lt Shall血eroupon become the drty of the bldder ↓o reclalm and remove血e same forthw皿,血hout expense to血e CITY, and mmedlately to replace all such r?一ected ite血S W弛others confommg to such specificatlOnS Or SamPles. provided that should the bldder f叫neglecI or refuse SO tO do lhe CITY shall庇r剛Pon have心e ngh=o purchase m the ope…larket, m li軸。-er∞f a ∞rreSPOnding quantlty Of狐y such lte皿S and to deduct from any moneys due or that may there after come due to vendor the d皿erence between the pnces naned m瓜e ∞ntract or purchase Order狐d the actual cost ther∞f to血e CITY In血e event that the bldder falls to make prompt dellVery aS SP∞ified for any ltem, the sane COnditlOnS aS tO the rights of the CITY to purchase m the open market狐d toでeimbursement set fo血above shall apply except when de看lVery lS delayed by fire’Strike’froight embargo’or Act of God or the govemment (b) Co§t OfinspectlOn Or dellVeneS Or O能rs for delivtry, which do not meet specific虹ons, Will be bome by the bldder. (C) The nghts and remed]eS Of the AgencleS PrOVided above shal看not be exclus.Ⅴe and狐e m additlOn tO my Other rights狐d remedleS PrOVlded by law′ Or under血e conmct 8・ Discounts: (a) Tems ofless than ten (10) da)▼S for cash discoun高ll be considered as net (b) In comechon wl血any dlSCOunt O蹄red, tm。 will be computed from date of ∞mPlete, SatlSfactor?′ dellVer)′ Ofthe supplies, equlPmeI-t Or装I蔓竣延ed ln the RFB. or from date co.Te。t involceS ac reCelVed by the CITY at the billing address specified膏血e latter date lS later than thc date ofdelivery. Payment lS deemed t。 b。

9.詫霊盤精霊認諾露盤蕊諾話語誘き諾㌔g 。。d”h。。Idd。r 。蟻。nd 。gre。S剛f th。。,d ,S accepted, 1t Will ass喝n to血e purchaslng body au ri功ts, title, and lntereSt in and to all causes of act10n it may have under SectlOn 4 of血e Clayton Act (15 U S.C Sec工5) or under血e Cartwright Act (Chapter 2, CO皿menCing with Section 16700, Of Pat 2 of D,VISIOn 7 of血e BuslneSS紬d Proftrssions Code)’arl§lng from purchases ofgoods’materiais’Or §ervices by the bldder for §aIe to thle PurChasmg body pursl】ant to the bld. Such assignment sha山be made and become ei罵ctive at血e time the pmhasing body tender‘§ froal pay皿en=O血e bldder 10・ No Guarantee or Warr劃ty:皿e CITY mckes no guar弧tee or w狐anty as lo tlle ∞ndition, COmPleteness or safety of any material or 重1・響諜葦
THE undersi弧ed acknow萱edges receipt of the referenced RFB andIor Addenda and o鯖ers and agrees to fumish the articles andlor services §PeC脆ed on behalf of the bidder indicated below, in accorda皿Ce W肌the speci鯖cations, termS and conditio血S Of this RFB and Bid Acknow案edgement, #4..
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REQU玉S丁FOR BID AND SPECIFICATIONS NO 2122-35
BIO-SOLIDS REMOVAL AND LAND ÅPPLIC‘ATJON SERVICES
PR工CING SCHEDUL互
A旧ab(粗equipment. fueL tooIs, licenses and insul柳Ce neCesS叫′ to Perfom the req血ed services shall be inclnded in bid Pricing. Bid mus=re submitted on血e Pricing Schedule provided. No alterations should be made to the pricmg sehedule. Any excepdons’anendments or adjus血ents should be noted on the `輩京ception, Clahficadon.

Amen血鵬n絶男se融On On p鵡e宣0.

ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
*脇飾re Qf萌cr印anq両e‘wee′7 a妨” Pr′Ce C脇“,7 a勅`ねdpr’ce, ,h間′?′lpr′Ce肋// 4e pr鋤md /O be COr控,Ct,';7初ecr,Ao砂eve若[oCOl・胸諦on!O沈高a〃1e(郊eI?IuI7dlI71I7e銅I77e"Cmアブe,二郎重te皿De§〇五ption �E§亀量れa意edA皿櫨劃　伽ant母 �Pl℃Ⅴ昂Ii唯W唯髄R印uired し庇tor重ssue �し1孤itmce �ExtendedPrice
Bio-Solids§e章viceSutterTreatmelltPlan=o �3,000to生000 �Ton �s年∴!¥ �∴I年子∵∴丁 Je皿皿皿慮ST購a調e皿tPla虹t ��$/右(((
Bio-SolidsLandA脚licafron �l �Lot �$,勿 �$グ/ 　′‾
SERV霊C島ADDRESSES:
坦2臆1 Sutter Ave. Modesto CA 9535 ]
7007 Jermings Rd. Modesto CA 95358
THE PAY巾重ENT OF PREVAIL葵NG WAGES壁REQUIRED.

For costi唯pu呼OSeS Only.

D正ヽre重: Dl調 $　3.94　　　　旭裏・ $ 20・94　　/Hr
珊rect Labor Rate ca調Ot be less th紬血e minimum state prevailing wage・糾Provide a copy ofthe c聖荘更Fringe Bene丘t S削e重ne亘y. During the term of the哲eement. ensure the Qty has a copy Oぎ血e cu調やnt, a押龍ablc釧迅tcme動章On削g.
高畠!十五了L
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REQUEST FOR BID AND SPECIFICATIONS NO. 2 122_35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

PRICING SCHEDULE
Please list A山equipment intended to be used for血e screeningJoadingJeveling’rOtotilling, hydra血g and spreading SemCeS.

Equipme �皿t
ScreeningEquiDment �LoadingEquipment
I売れ`し浅切ノ色名1良.れ �必多弱り
l �
LevelingEquipment �Rototi11in蜜Equipment
∴I言立　言言子言古′.∴ � l　　　　　I �∴:工具で」子/言ふ・
HvdratingEquipment �SpreadingEquipment
の諸二4乃ノタで艮 �
(モル,貌考勅ノ必ウイ租抑〃暢
烏と・。勧t擁
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REQUEST FOR BID AND PECIFICATIONS NO. 2 122_35
BIO-SOL皿S REMOVAL AND LAND APPLICATION SERVICES

PRICING S CHEDULE
Contractor License No.　んでノ Expjration Date:
総計Cing is su噂to (⊥ %) cash discount if invoice is paid within _ days aft。, a。。。P,。n。。。f THE PAYMENT OF PREVAILING WAGES壁REQUmED.

A City Business License is not I.叩ired at the time of the bid・ howeve叩Iease note the Business License No. if bidder should already h種ve one. (See Section l.7 for furtller detaiis) 。oes bidder accept the CITY’s E甲y Payment PIngra血再Iease check one: Yes 」__　No 血fomation regard血g the program lS PrOvided in Section 2.25 Payment.

THE undersigred acknowledges receip` of the refere皿Ced RFB and′or Addenda and o鵬rs and agrees to fumish the artieles andfor services specifrod on behaIf of the bidder indicated be宴ow直aCCOrdance with thespec鮪cations, termS and condition§ Ofthis RFl] fmd軸心▲山nnu,書が青心n.A輸ふみ〇九_ __」_.」 . 。. . 皿S' termS and condifrons of this RFB and Bid Acknowledge皿en帥r the pricing indicated ‾　　　7　-‾　〇一‾‾、′-ヽ"●●●〇〇〇}1"　▼▼t葛白○○
O孤軍血e P血d血 Schedロ重e.

Per§On Submittin
Person Sub皿i硫n
Title of Person Submittin
Business Address
E・Mall Address:
honeNumber:千言
Fax NⅢ調ber
10 #4..
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CONTRACTOR FRINGE BENEFIT STATEMENT
鴇鮭掘縮p ��PrpjectLocatlon: ��轍’sィ。l。12。ィ。
Cont「actor/Subcontracto「Name: ��Bus �nessAddressこ
BRISCOENTERPRiSES ��,iNC. �221A �RPARKROADSJ什EAATWATER,CA95301 ino「de「伽 �thep「OPerFmgeBenefit「atescanbeve「ifedw ��henc �heckingpayro"sontheabovecon �c=hehourty「atesfo「fringebenefits, SOfwo「ka「etabulatedbeiow.Please Subsistenceand/O「traV InciudeApp「enticeRa ��a胸wancepaymentmadeforemployeesbytheempIoyero[thevariousciass S. Subs l調ci �IStenceand/O「traVela胸wancepaymentmadeforemployeesbytheempIoyeronthevariousciassesofwo「ka「etabulatedbeiow.Please udeApp「enticeRa置es. cIas �S珊cationIEmpioy○○Name: �的ctrveDate:8/22#019 �SubsislenceorT「aveIPay:
丁鍋mst色「G○○I」n4　つつ7貫 ��$
嘗 �Hea伽&Welfare �PaldTo: �Paidtoempioyee
$竺一一〇〇_hr �NameofPian/Fund仲rog「am: 　　Addres3:
ul ここ �Pension $_　」　h「 �Paid†o: �PaidtoempIoyee
ul (回 i〇回くつここ ��NameofPlan/Fund仲「ogram: 　　Address:

Vaca(ion仙o間ay �PaidTo: �PaidtoemDIovee
重と m」き善く霊山 �し旦○○〇一〇〇h「 �NameofPlan/Fund仲「og「am: 　　Address:
丁岨師hg �Pald丁o: 　　NameofPIan/Fund/Program: �PaidtoCalifomjaapprontice§hipcounc= 重き. �$鵜　　　」　　　_h「 �Add鳩Ss: �POBox511283LosAnaeIes.CA90051 j重 �Othe「 �Pald巾: �PaidtoempIoyee
輸」 �$_　　　　」　　　　h「 �NameofPian/Fund/Program: 　　Address:
clas �s附ca(ion: �E鯖ectIveDate; 　　　8122I2019 ��Subslstenceo「TravelPay: 　　　　$ Teamste「clrouP2　33ilO
嘗 ○○ i●u ここ �Health&We胎re $_些L__鵜-h「 �PaidTo: ��PaidtoemDIovee NameofPlanIFund仲rog「am: 　　Add騰Ss:

Pension $○○」」h「 �PaldTo: ��PaidtoemoIovee
i〇回の ��NameofPian/Fund/Progra �m:
u〇〇 ��Add恥S§: ��
ここを �Vacatio間O獲iday $〇一」　h。 �PaldTo: ��Paidtoempioyee
○○ ��NameofPian/Fund仲rog帽 �m:
仁職雷撃 ��Address: ��
丁圏h!n9 l_　」　h「 �PaId了o: ��PaidtoCa駒川iaapp「enticeshipcouncii NameofPlan/Fund/P「og「am: 　　Add「ess:

POBox511283LosA間eles.CA90051
〇〇 �other �Paid巾こ ��Paidtoempioyee
重 1,山 �$_　　　」　　　h「 �NameofPIan/Fund/P「og「am: 　　Address:

Sup �lemental§tatementSmuS(be �Submittedduringthep「OgreSSOfthework �hou �dtherebeanincreaseo「changein「ates.Useadditionaisheets aSn �CeSSary.(Attachacopyofyourmost「ecentpremiumt「ansmittaI〈includ ��ngcopyofcheeksubmitted)intoeachoft11eabove pIan �funds/Prog「amSO「ale鵬両OmtheabovepIans仙nds/p「og「ams「eifect ��ngcurrentpaymentstatus). #4..
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REQUEST FOR BID AND SPECIFICATIONS NO. 2 122-35

BIO-SOLDS REMOVAL AND LAND APPLICATION SERVICES

REFERENCE S
Am Bidder: muSt Provide a list of five (5) current or fomer clients in the area provided below, identftying Prior expenence with similar type of services requested by the CITY under Sco。e Of Wo垂±　References Shall have similar volune and requlrementS tO瓜ose outlined in these specifeations, temS and conditions.

Bidders fa11ing to provide references may be deemed as non-reSPOnSive.

The CITY may contact some or all of血e references provided in order to detemine the bidders’ Perfomance record on work狐d equlPment Similar to that described in this bid∴The CITY reserves血e right to contact references other than those provided in the response and to use the infomation gained from 血em in the award process.

CompanvName: �飽、謝7昭舞必五本
Address: �Jリブ王l裁肪人a初
City,State,ZipCode: �∴右左メ子吉:五、㌧上手フナI
ContactPerson: �▲勤続 �!」
藍皿ailAddress: �A)優セノ追捕 �、肋必4尻で科し′、,こ:ルし
TeIephoneNumber: �._劫a_与クり「l,み(毒
TypeofBus血ess: �l直言Tl△
DateofSe「vice: �〃信子ユ4之,′　有子ブル8-　G声功/?.釦しみ楊　紺詔1勺
AnnualContractValue �$I8!/五五〇3ヱ
Co皿p狐vNa皿e: �乙窃研さみしと訪作
Address: �毎II託　ん履,読解I
CityうState,ZipCode: �二。:立言∴千　十千千十
ContactPerson: �高言言　直′子
EmailAddress: �∴子宮、∴予し」五言千言∴∵
Te]ephoneNumber二 �一宏星/三富舌写す/I
TvpeofBusiness: �寝tII「l)
DateofService: �京子十才コI′　し∴†」了ノ∵:!ら・子千言l十.

Annua宣ContractValue �$タカI7再:ヮユ　　　　　　　　　ノ
CompanvNa皿e: �こ五十!!∴ふふっ、
Add章ess: �.ユダI諸　と.l多売幻　β4
Citv,State,ZipCode �ど五彩乙,l.&.りす3ぷ色つ
ContactPerson: �品切れ亀鉛乙4
賢調宣ailAddress: �わ。融勃_.冬J紅色4富雄仇ん左方比`厨子
TelephOneNumber: �_易)q_写′諦二　弔与ユ
TypeofBus壬ness二 �ルル1「′フ
DateofService: �:∴∴∴フ点し　子　子ら千千千::∴子∴∴　∴∴∴l∴∴∴子∴∴
AnnualContractValue �$-/三甲争馨I才子之V　　　l/　　　′V
12 #4..
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REQUEST FOR BID AND SPECIFICATIONS NO. 2 1 22-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

REFERENCES - CONTINUED
ComDanVN蝕調e: � �仁　　子!、∴1音音
Address: � �∴　言i∴∴、
City,State,ZipCode � �
Contac‡P穣SO調: �　∵ 仁子∴夕」臆、)
EmailAddress: �∴〃.∴　　∴∴し　∴　　∴　∴∴
TelephoneN調nber: �.　∴十　一
TypeofBusiness: �　　∴∴!∴ i′二・㌧,
DateofSe「vice: �十∴
AnnualContractValue �$ �言　音号　音(.

CompanyName: �音、I乞、言i
Ad血e§S: �∴∴　∴∴:.I∴、,.∴∴
Cjty,State,ZわCode �ィ仁音l↓∴　　　　　　　　、.1
ContactPerson: � �子∴　:-∴:∴　∴丁子
EmallAddress: �∴ �
TelephoneNumber: � �し、′　臆　　　　　　　　　　　つ
TypeofB調s血ess: �十∴∴∵∴∴ 　lメ
DateofService: �∴∴　一　∴　　　　∴　　　　　∴　　　∴∴　∵::　　　∴千言　∴
血mu狐Co重章庇鳩1Value �$1ノ �
7者l　　　　　　生し
13 #4..
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語弼醗蓋∈重顎
丁o Whom lt May Concern 31」an之022
The purpose ofthis letter is to provide you with a b「ief′ reCent COmPanV history of」im Brisco Enterprises′ lnc. and an ove「view of our operations and management.

Startingwith management: George Morrowisa 60%owner. He hasa BS in Math from LSU and an MS in Systems Management from usc. He retired from a 23 vear career i= the USAjr Force′ then t∂ught math for 6 years in loca冊gh SChooIs′ and taught math fo「 20 years part-time at Me「ced Co=ege. christophe「 Mo「row is a 20% ow=er Who attended Fres=O State for one year in Const「uction Management. Danny Hu旧s a 20% owne「who attended weIding ciasses at Me「Ced Co=ege.

Christopher began working for 」im Brisco in the portable concrete crushing OPeration in Iate 200与′ With Dannyfo=owing shortlvthereafter. 1n 2006, 」im Brisco made known his desire to se= the company. He trained George in the f訓 Of2006 on the pa面culars ofthe biosolids po面On Ofthe business and we PurChased the companv in 」anuary 2007.

At the time, the business had gross annual revenue of;600,000and COnSisted oftwo profit centers′ Which were portabIe conc「ete crushing and biosoIids hauling' We s帥crush concrete rubble with a portable concrete c「usher and produce baserock. We also s帥hauI biosoIids (a pleasant name forsewage SIudge〉 from wastewater treatment pIants and appIy them to farm ground as fe輔zer. This mostIy occurs in the f訓, makingthisactivity seasonaI, akin to farming. We have also added trucks (end dumps, tranSferstrucks and bottom dumps〉 that are a Iarge part ofour business. Ready-Mix concrete wasadded in 2009.

Recent developments include the opening ofa sand and graveI pit in しa Grange. This piant sup帥es rock and concrete sand to our own readv-mix OPeration and wi= a=ow usto seiI to one ortwo othe「 ready-mix plants in the Vicinity. In 2O18, We PurChased about ;600,000 of aggreg∂teS from outside rock PI∂ntSthatw用no Ionge「 be necessary. This site also contains ∂ ia「ge quantity of 邑輔難語
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- 299 -
聾講輔弼藁篤態
high quality cobble. Another recent deveIopment is a contract with CaIavaras Materials (now Martin Marietta) to haul aggregates from their rock pl∂ntS tO their readv-mix piants. We recently bought与SetS Of doubIe bottom-dump trailers for this contract′ Which w冊esult in gross revenues of about ;1,300,000. We get a 5% broker fee for the trucks we subcontract for this and clear about 20% with our OWn trUCks.

In 」une 2018′ We 「eCejved the deed to lO.8 acres of property in the City of Atwater′ adjacent to WalMart. That was pavment in fulI fo「 demoiishing their aba=doned sewer plant・ The propertv appraised fo「 $450,000 eight yea「s ago.

We pIan to conso=date ou「 operations at that site.

We have a g「eat deai ofwo「k now and in the nearfuture. we have 20,000 tons ofconcrete to crush for Martin Marietta in TurIock. GaiIo Fa「ms is having us demo=sh a dairy. Part ofthat job jnvolves crushing 20,000 tons of concrete rubbie that we w剛se= as baserock. We aiso take in concrete rubble in ou「 own CruShing yard that currently hoids app「ox-mately 80,000 tons of concrete rubble to becrushed"　We haveeas時been abletose=訓ofthe baserockthatwe can PrOduce forabout ;10 perton. Our 「eguIar biosoIids season wili start in earIy September and run through mid-December.

As you can see′ Our business activities are very dive「sified. This yea「, 2022, is shaping up to be a ve「y good year.

Please ca= or ema= with any questions,
Thank you,
弘lレ)lIt捗
George Morrow
209-761-2617 〈ce=〉
む輔離靖
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REQUEST FOR BID AND SPECⅢICATIONS NO. 2122_35
BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES F nVANCIAL_:FORM AI○ persous included within the meaning of either of血e fo11owmg teStS have a material financial interest in an agreement, Or apPlication for developmen白ights, Submitted for approval or disapproval by the City CouncH, and shall be identified by血e applicant, by name, On Page 1 6.

Tests of Materialitv:
1・　Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, Or血eir interest in the applicant itself may increase or decrease by an amO皿t greater than $2,000.00 as a direct or indirect result of Council actien 。n the applicant’s agreement or application for development ri如ts.

2.　Whe血er it is foreseeal)1e to a reasonable person血at血e person,s gross income from the applicant may increase or decrease by a sun greater than $2,000.00 as a direct or indirect result Of Co皿Cil action on the agreement or application for deveIopment rights.

It is the legal obligation of a11 applicants for approval of狐agreement or of an application for development rights to verify in writing,皿der penafty of pe可ury㌧ that the identity of each person having a material financial interest in the agreement or application or development rights is true, COrreCt and comp重ete.

By signing below, the applicam皿derstands that this infomation is provided under penalty of peIjury, and that intentiona11y supplying misinfomation or deception may result in either invalidation of the agreement or application’or亨minal prosecution for misdemeanor violation of血e Modesto Municipal Code, Or both.

Negligent proviSIOn Of misinfomation shall be grounds for invalidation.血accordance v而h the Modesto M皿icipal Code, eaCh applicant has a conti皿ing obligalon to maintain血e trl丑accuracy and completeness of the financial interest discIosure infomation provided below until after final cousideratjon by the City Counc1l Of any matter arismg out of or rela血g to血e agreement or application.

By signing this docu血ent, I agree to仙e infomation contained within.

COⅧAⅣNAⅢ∴∴∴高宮高有色1中`車′エ′}し　　　__
’S NAME (SIGNATURE):
t佐相雄ノ
ANT ’S NAME/TITLE (PRENT):

A。。脚e N。m。S:佃uv. us。。a副6、　DATE. J∴侶Questions ∞nCeming the application of e血er test to partioular facts should be resoIved in advance of Council action by agreement wi血the depa血ent head recommending approval of its agreement/application. 15 #4..
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REQUEST FOR BID AND SPECIFICATIONS NO. 2122_35
BIO-SOLⅡ)S REMOVAL AND LAND APPLICATION SERVICES

FINANCIAL ENTEREST DISCLOSURE FORM
COMPANY NA胴‥ 」王iJ叫L
NAME S
Signature / P血t:

Sig塑ature / Print:

Signature / Pri垂:

Si塾ature / Print:

Si印卸町e / Phnt:

Si印加町e / Phnt:

Signature / Print:

Si鱒ature / Print:

Si嬰lature / Print:

Signature / Print:

Si gnature / Print:

Si印卸町e / Phnt:

Signature / Print:

Simature / Print:
16 #4..
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REQUEST FOR BID AND SPECIFICATIONS NO. 2 122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES
ADDE NDA ACKNOWLEDGEMEN工
The bidder shall check the RFB listing on the CITY or Planet Bid website’Periodically, and in any event, nO later than the day prior to bid opening to obtain any addenda infomation. The changes ident綿ed in the addenda mod崎=his request for bid and specifroations. Tlle addenda now beco青ne a Part Of this req鵬st for bid and SPeCifications. Signing the Bid on the signature portion thereo臣he bidder is acknowled如g that the bidder has Confimed that he or she has received all addenda jssued for this request for bid and spec靖eations, and has included costs for such in the bid submitted. Failure to list and acknowledge a11 addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of血e addenda to this sheet nor jnclude them w融the bid.

This docunent is o血y requ正ed to be retumed should addenda have been issued.

The bid is submitted with respect to the changes to the request for bid and specifications included in addenda n皿bers:

LIST ALL ADDENDA NUMBERS‥　　侮吃　　　　　　　音臆臆臆臆臆臆臆臆臆臆　　臆臆臆臆臆_ 吊申出、　仁l主人
19 #4..
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1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35
FOR

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
MANDATORY ON-SITE VISIT:

To be held on:

July 12, 2022 at 9:00 A.M.

Meeting Location:

Wastewater Treatment Plant
1221 Sutter Ave.

Modesto, CA 95351
BID OPENING: AUGUST 9, 2022 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5406
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2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

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)............................................................................ 8-10 . Exceptions, Clarifications, Amendments (if applicable)..................................................11 . References................................................................................................................... 12-13 . Financial Interest Disclosure (Signature Form) ...................................................... 14-16 . Support of Local Vendors (if applicable).........................................................................17 . Company History Statement ............................................................................................18 . Addenda Acknowledgement Page (if applicable) ...........................................................19

TECHNICAL REQUIREMENTS
. Scope of Work ..................................................................................................................20 . Specific Requirements................................................................................................ 20-21 . Insurance ..................................................................................................................... 22-23 . Required Licenses.............................................................................................................23 . Mandatory on-site visit ………………………………………………………………. 24

GENERAL REQUIREMENTS
. Bid Submittal ....................................................................................................................25 . Acceptance/Rejection of Irregular Bids ...........................................................................25 . Complete Bid Document ..................................................................................................25 . Compliance/Non-Compliance ..........................................................................................26 . Prevailing Wages..............................................................................................................26 . Pricing Format...................................................................................................................26 . Pricing Schedule ...............................................................................................................26 . Award of Bid............................................................................................................... 26-27 . Term of Agreement...........................................................................................................27 . Termination of Services.............................................................................................. 27-28 . Quantities..........................................................................................................................28 . Funding .............................................................................................................................28 . Other Government/Publicly Funded Agencies.................................................................28 . Protest and Appeal Procedures................................................................................... 30-34 . Payment.............................................................................................................................34 . Sample Annual Agreement ........................................................................................ 35-47 #4..
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3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the furnishing of Bio-Solids Removal and Land Application Services for the City of Modesto, Utilities Department, Wastewater Division.

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

Each bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, August 9, 2022 at 11:00 A.M., at which time bids will be opened, read and recorded.

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

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

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

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

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

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES
BID OPENING DATE: AUGUST 9, 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. #4..
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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 June 30, 2022
Mandatory Site Visit July 12, 2022, Meeting time 9:00 A.M.

Written Questions Due July 19, 2022
Addendum Issued (if required) July 26, 2022 (approximate date) Bid Opening PRIOR 11:00 A.M. on Tuesday, August 9, 2022 Bid Award Approximately 2022
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded an agreement they will make no claim against the CITY based upon ignorance of conditions or misunderstanding of the specifications.

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

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: CITY's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in CITY agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by CITY are hereby rejected. CITY agreements signed by the CITY's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of CITY's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the CITY's terms and conditions. #4..
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5 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION 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, August 9, 2022. The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, August 9, 2022. The public bid opening for RFB 2122-35, Bio-Solids Removal and Land Application Services, will be available using the URL link, video system or via phone provided below. By submitting your bid for the above-stated RFB you acknowledge, understand, and agree to this modified bid opening procedure.

URL - https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?context=%7 b%22Tid%22%3a%22125ccacf-fc61-463c-9976-189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997- 4dd7-8984-12cd4deaa705%22%7d
Join Microsoft Teams Meeting
+1 469-998-7409 United States, Dallas
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Carol Wattle, by email at [email protected] or telephone at (209)577-5406.
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6 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope prior to 11:00 A.M. on the bid opening date.

Failure to provide all the required documents may cause the bid to be considered non-responsive.

COMPLETE BID Page No.
. Bid Acknowledgement (Signature Form)........................................................................ 7 . Pricing Schedule (Signature Form).............................................................................8-10 . Exceptions, Clarifications, Amendments (if applicable)................................................. 11 . References....................................................................................................................12-13 . Financial Interest Disclosure Form (Signature Form)..............................................14-16 . Support of Local Vendors (if applicable)......................................................................... 17 . Company History Statement ........................................................................................... 18 . Addenda Acknowledgement Page (if applicable) ........................................................... 19 #4..
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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

BID ACKNOWLEDGEMENT
The CITY is soliciting bids from qualified Bidders to furnish its requirements per the specifications, terms and conditions contained in the above referenced bid number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response.

Obligations assumed by such signature must be fulfilled.

1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the bid. (b) Quote price as specified in bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Bid: If you are not submitting a bid but want to remain on the mailing list and receive future bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by CITY, will be paid by the CITY unless expressly included and itemized in the bid. (c) Amount paid for transportation of property to the CITY is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the bidder or the RFB gives notice of an all-or-none award, the CITY may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the CITY shall hold the CITY, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.

6. Samples: Samples of items, when required, shall be furnished free of expense to the CITY and if not destroyed by test upon request (made when the sample is furnished), be returned at the bidder’s expense.

7. Rights and Remedies of Agencies for Default: (a) In the event any item furnished by the bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the bidder with its bid, the CITY may reject the same, and it shall thereupon become the duty of the bidder to reclaim and remove the same forthwith, without expense to the CITY, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the bidder fail, neglect or refuse so to do the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the contract or purchase order and the actual cost thereof to the CITY. In the event that the bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the CITY to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the bidder. (c) The rights and remedies of the Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFB, or from date correct invoices are received by the CITY at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the CITY’s check.

9. California Government Code Section 4552: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the bidder.

10. No Guarantee or Warranty: The CITY makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.

11. Two “Inked” Signed Original Bid Document Requested: Failure to furnish at least one “inked” signed original bid document may result in disqualification.

THE undersigned acknowledges receipt of the referenced RFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the bidder indicated below, in accordance with the specifications, terms and conditions of this RFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
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8 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

PRICING SCHEDULE
All labor, equipment, fuel, tools, licenses and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 10.

ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner. ** Item Description Estimated Annual
Quantity
Prevailing Wages Required
Unit of Issue Unit Price Extended Price
Bio-Solids service Sutter Treatment Plant to
Jennings Treatment Plant 3,000 to 4,000 Ton $ $
Bio-Solids Land Application 1 Lot $ $
SERVICE ADDRESSES:
1221 Sutter Ave. Modesto CA 95351
7007 Jennings Rd. Modesto CA 95358
THE PAYMENT OF PREVAILING WAGES IS REQUIRED.

For costing purposes only.

Labor Craft Direct Labor Rate* Fringe Benefit Rate** Extended Rate Driver: Dump Truck $_______________/Hr $_______________/Hr $_____________/Hr *Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

Company Name (Bidder):
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9 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

PRICING SCHEDULE
Please list ALL equipment intended to be used for the screening, loading, leveling, rototilling, hydrating and spreading services.

Equipment
Screening Equipment Loading Equipment
Leveling Equipment Rototilling Equipment
Hydrating Equipment Spreading Equipment
Company Name (Bidder):
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10 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

PRICING SCHEDULE
City Business/Delivery License No. _______________________ Expiration Date: _______________ Contractor License No. _________________________________ Expiration Date: _______________ DIR Registration No. ____________________________________ Expiration Date:

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

THE PAYMENT OF PREVAILING WAGES IS REQUIRED.

A City Business License is not required at the time of the bid, however, please note the Business License No. if bidder should already have one. (See Section 1.7 for further details) Does bidder accept the CITY’s E-pay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.25 Payment.

Company Name (Bidder):

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

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:
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11 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

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

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
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12 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

REFERENCES
All Bidders must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with similar type of services requested by the CITY under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions.

Bidders failing to provide references may be deemed as non-responsive.

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
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13 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

REFERENCES - CONTINUED
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):
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14 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

FINANCIAL INTEREST DISCLOSURE

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

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

FinDisclosure12-19
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15 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name, on page 16.

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 16)
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. #4..
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16 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

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

Signature / Print:

Signature / Print:
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17 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
Of

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

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

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

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:
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18 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFB submittal date) providing the types of services requested herein.

The company history statement shall be prepared on company letterhead and provided with the bid submittal. #4..
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19 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

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

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

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

LIST ALL ADDENDA NUMBERS: _____________________________________________________ Company Name (Bidder):
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20 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The Utilities Department, Wastewater Division is requesting contracting services to remove solar de-watered bio-solids from earthen non-lined drying beds located at the City’s Sutter Treatment Plant (STP), then transporting the bio-solids to the City’s Jennings Treatment Plant (JTP) for further processing including screening of plastic, hydration, rototilling and land application. The distance from STP to JTP is approximately seven (7) miles.

Bio-solids are byproducts of the wastewater treatment removal process. Removal of the dried bio-solids provides renewed drying bed space for this revolving process. The bio-solids are solar dried in earth drying beds. Each summer City staff will determine which drying beds had dried sufficiently to be processed further.

The dried bio-solids are removed from the drying beds and transported to JTP where they are screened, rototilled, hydrated and applied to City owned ranch fields as a soil amendment. Additionally, some beds contain the waste collected from our digester cleaning process which consists of digested sludge mixed with large amounts of sand and other insoluble debris.

Plant Addresses:

Sutter Treatment Plant
1221 Sutter Avenue
Modesto, CA 95351
Jennings Treatment Plant
7007 Jennings Road
Modesto, CA 95358

1.2 SPECIFIC REQUIREMENTS:

A. The annual production of bio-solids is approximately 3,000-4,000 tons. CONTRACTOR shall remove and transport approximately 3,000-4,000 tons of bio-solids from STP to JTP then stockpile at a designated location. All trucks will be weighed at the City of Modesto Compost scale located at the JTP. City provides no guaranteed of annual volume of bio-solids to be processed as the volume varies from year to year. The removal/processing/application-season is a four (4) month season beginning in July and concluding on October 15th. Some bio-solids beds may be ready for collection in July. However, other less mature bio-solids beds may no be ready for collection until August 30th.

B. The CONTRACTOR shall prepare a manifest for each load, including load net weight and submit a copy to the City. CONTRACTOR shall weigh each load delivered on certified scales located at JTP.

Weigh tickets from the scale-house shall be attached to the manifest.

C. CONTRACTOR shall scrape the sludge into piles being cautious not to remove the sandy soil below the dry bio-solids cake. The piles are then loaded onto transport trucks for transport to the JTP. A significant effort must be made by the CONTRACTOR to control dust during the loading process by using a water truck and operator full-time on the solids pile being loaded. Water will be provided at the STP. After all bio-solids have been removed from the beds, the CONTRACTOR will laser level all beds where bio-solids were removed within 0.1 feet with thirty (30) days of bio-solids removal. #4..
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21 CONTRACTORS shall use a box scrapper with a minimum width of ten (10) feet. Leveling will be verified by City’s Representative.

D. The successful bidder shall provide all labor, equipment, tools, fuel and insurance necessary for biosolids removal, hauling, dumping, hydration, rototilling spreading, bed leveling and processing land application.

E. CONTRACTOR shall screen, rototill and hydrate the bio-solids at JTP in preparation for land application to the City’s ranch property located at JTP. This process shall be performed to the degree that bio-solid particles are reduced to loam with less than 20% of particles exceeding 1-1/2”.

Screening “overs” will be allowed to contain a maximum of 10% bio-solids and hair mats, further processing may be required to break up overs to release plastics and fibrous materials contained within the bio-solids. Dust control shall also be employed during this process in order to eliminate offsite drift and nuisance dust. This process will be done at the JTP staging area. The City shall provide a fire hydrant for water at the JTP site. Dry grinding and spreading will not be permitted.

F. The CONTRACTOR must complete the preparation process and all bio-solids shall be ready to land apply by October 1st.

G. Bio-solids shall be applied using manure-spreading equipment to ensure even application at ranch fields. Alternative spreading equipment may be used with the approval of the CITY’s Representative.

H. CONTRACTOR shall work with CITY Representative and CITY appointed consultants to follow critical land application rates determined by state permits. CONTRACTOR shall also be required to monitor and provide land application data to the state.

I. The CONTRACTOR must complete bio-solids land application by October 15th of each year per the state permit. There is no extension to this date.

J. The bio-solids land application permit is scheduled to be updated and reissued in June of 2022. Biosolids application dates may change with the new permit.

1.3 GENERAL REQUIREMENTS:

A. The CONTRACTOR shall use haul trucks and trailers that are kept in clean condition, acceptable to the CITY, and at all times projecting a respectable image for the CITY. If, in the opinion of the CITY, the truck and/or trailer are not clean, the CITY, at its discretion, can turn the rig away at no cost to the CITY.

B. The CONTRACTOR shall operate the bio-solids loading and hauling program in such a way as to minimize dust, odor, mud, or other nuisances.

1.4 REPORTS:

The CONTRACTOR shall provide to the CITY a final weight hauled report and a report of what fields the biosolids were applied to.

1.5 WORK SCHEDULE:

All work shall be performed Monday through Friday between the hours of 7:00 A.M. through 4:00 P.M., excluding all major holidays. Predestinated fields may change to prevent more than one move in/out. #4..
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22 1.6 INSURANCE:

A. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR’s and subcontractors; products and completed operations.

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

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

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

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

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

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, agents or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. #4..
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23 CONTRACTOR shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.

1.7 REQUIRED LICENSES:

Prior to beginning any work or delivering any equipment or material to be furnished under this specification and bid, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto.

Business/Delivery license information may be obtained by calling (209) 577-5389. Should the bidder already have this license, please indicate the license number and expiration date.

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

1.8 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.

1.9 BARRICADES:

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

1.10 CLEANUP:

Prior to requesting a final inspection, the CONTRACTOR shall carefully clean up and remove all surplus materials and/or debris of any type resulting from the CONTRACTOR’s work from the work site, and shall dispose of all materials and debris in a proper manner. The work site shall be left clean and neat.

1.11 CITY REPRESENTATIVE:

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

1.12 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the CITY Representative, the CONTRACTOR shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, delivered to the work site. The CONTRACTOR shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The CONTRACTOR shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts or materials, before final acceptance by the CITY. #4..
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24 Suspension of work for any cause, whatsoever shall not relieve the CONTRACTOR of their responsibility for the work or parts and materials as specified on the work request.

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

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

1.13 CHARACTER OF WORKERS:

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

1.14 LABOR FORCE AND SUPERVISION:

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

1.15 DELAY(S) BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the CONTRACTOR delay in the completion of the work shall be grounds for extension of time on the part of the CONTRACTOR to complete the work, but shall give the CONTRACTOR no damages for such delay.

1.16 MANDATORY ON-SITE VISIT:

The mandatory on-site visit is scheduled for Tuesday, July 12, 2022, beginning at 9:00 A.M. (PT). The on-site visit will be at both locations.

It will begin at: Wastewater Treatment Plant
1221 Sutter Ave.

Modesto, CA 95351
Finish at: Secondary Treatment Plant
7007 Jennings Rd.

Modesto, CA 95358
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25 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-35

BIO-SOLIDS REMOVAL AND LAND APPLICATION 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)
Failure to furnish any of these documents may result in disqualification. #4..
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26 2.1.3 BID PRESENTATION:

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

2.2 COMPLIANCE:

Bidders are required to sign the “Pricing Schedule, Bid Acknowledgement and Financial Interest Disclosure Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2122-35, and any addendum to such bid. Failure to comply may result in disqualification.

The bidder guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.

All permits and licenses necessary for the prosecution of the scope of work shall be secured and paid for by the CONTRACTOR, except those secured by the CITY and so noted.

2.3 NON-COMPLIANCE:

If you cannot comply with a specification requirement, note on the Exception, Clarifications, Amendments page of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the bidder is not in compliance with the specification, the bid may be rejected.

2.4 PREVAILING WAGES:

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

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

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

2.5 PRICING FORMAT:

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

Unless otherwise stated, the bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the CITY.

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

2.6 PRICING SCHEDULE:

Bidders shall use the pricing schedule provided in this document to present bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 11.

2.7 AWARD OF BID:

This is an “all or none” bid award.

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. #4..
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27 The CITY reserves the right to select that bid, which best suits the CITY’s needs. Regardless of CITY staff’s CITY’s needs as determined by the City Council whether or not said award is consistent with CITY staff’s recommendation for award.

2.8 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.

If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.

2.9 SUPPORT OF LOCAL VENDORS:

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

2.10 TERM OF AGREEMENT:

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

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

B. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division.

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

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

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

2.11 TERMINATION OF SERVICES:

The CITY reserves the right to 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. #4..
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28 The CITY reserves the right to review the service providers’ performance at any time with or without the knowledge or consent of the provider. The CITY may terminate the agreement at any time with or without cause.

2.12 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.13 FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the agreement without redress.

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant agreement/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

2.15 NON-DISCRIMINATION:

A. During the performance of this agreement, The CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.

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

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

D. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

2.16 NON-DISCRIMINATION OF THE HANDICAPPED:

CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE HANDICAPPED By executing this agreement, the bidder hereby certifies that he/she is following and in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in #4..
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29 response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof.

2.17 DRUG FREE WORKPLACE:

Bidder/CONTRACTOR certifies that he/she is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded an agreement/purchase order or grant for the procurement of any property or service from any state agency (CITY) shall certify to the contracting or granting agency that it will provide a drug free workplace.

2.18 INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this bid. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this bid for CONTRACTOR to procure and maintain a policy of insurance. In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of CITY owned vehicles by CONTRACTOR’s employees is apportioned to CONTRACTOR in accordance with the provisions contained in indemnity.

2.19 ASSIGNMENT OF RIGHTS:

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

2.20 CITY PROCESS/PROCEDURE APPROVALS:

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

2.21 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:

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

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

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

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

2.22 FAILURE TO PERFORM SATISFACTORY:

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

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

2.24 PROTEST AND APPEAL PROCEDURES:

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

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

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

A. PROTEST PROCEDURES

1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision. #4..
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31 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.

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. #4..
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32 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:

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 #4..
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33 Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.

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

The 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. #4..
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34 2.25 PAYMENT:
• Paper Payment Method:

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

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

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

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

2.26 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This agreement may be modified and subject to change. #4..
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35 SAMPLE ANNUAL AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and CONTRACTOR, hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-xx authorizing the award of bid and agreement for the BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES as described in RFB 2122-35, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit C, and in strict accordance with the conditions of the complete agreement. b) CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
d) CONTRACTOR shall maintain a CITY business license for the duration of the agreement. #4..
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36 e) CONTRACTOR shall furnish said service at the following agreement rates, for an estimated annual amount of $_________, and a total amount not to exceed $ _______ over five (5) years.

AGREEMENT PRICING
Item Description Prevailing Wages Required
Unit Unit Price
Bio-Solids service Sutter Treatment Plant to Jennings
Treatment Plant Ton $______________________
Bio-Solids Land Application Lot $______________________ Equipment
Screening Equipment
Leveling Equipment
Hydrating Equipment
Loading Equipment
Rototilling Equipment
Spreading Equipment

2. PREVAILING WAGES:

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

DIR Project ID#: _________________

3. CITY CONTACT:

Department Contact: Ben Koehler, WQC Superintendent – Chief Plant Operator, (209) 342-4502 Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:

Contractor: __________________
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37 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: March XX, 2023 through March XX, 2024
Year 2: March XX, 2024 through March XX, 2025
Year 3: March XX, 2025 through March XX, 2026
Year 4: March XX, 2026 through March XX, 2027
Year 5: March XX, 2027 through March XX, 2028
Pricing will remain firm for the first two (2) years of the agreement. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

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

Price increases 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 Risk Manager. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
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38 a) General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR’s and subcontractors; products and completed operations; and/or professional liability. b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. d) Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the 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 #4..
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39 volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

7. PAYMENT:

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

8. INDEMNITY:

CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this agreement for CONTRACTOR to procure and maintain a policy of insurance.

9. ARBITRATION:

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; #4..
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41 both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

10. GOVERNING LAW:

This agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

12. TERMINATION OF SERVICES:

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

Termination by CITYfor Convenience
TheCITYmay also terminate theCONTRACTOR's performance underthe agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when theCITYis prevented from proceeding with the agreement by act of God, by #4..
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42 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.

TheCITY 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, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; #4..
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43 f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR's work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

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

Authorization to Terminate Agreement
Termination of the agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee’s, decision to the #4..
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44 City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days after receipt of written notification from CITY of termination of the agreement. In the event that termination of this agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims or any other claims for delay shall be retroactive to the date of termination selected by the City Manager or his/her designee.

13. COMPLIANCE WITH ALL LAWS:

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

14. AGREEMENT DOCUMENTS:

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

15. NOTICES:

Any notice, payment or instrument required or permitted by this agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
#4..
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45 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.

16. SIGNATOR (IES) FOR CONTRACTOR:

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

17. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

18. WAIVER:

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

19. HEADINGS NOT CONTROLLING:

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

20. MISCELLANEOUS:

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

21. ENTIRE AGREEMENT:

This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary from CONTRACTOR’S proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous bids, offers and communications relative to this agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this #4..
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46 agreement. No future waiver or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.

22. PARTIAL INVALIDITY:

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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47 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: _________________________________ DIANE NAYARES-PEREZ, (Signature)
CMC, City Clerk
By: _________________________________
(SEAL) (Name & Title)
Date: _______________________________
APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ, City Attorney
By: ____________________________
JOE F. RODRIQUEZ, Risk Manager
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REQUEST FOR BID AND SPECⅢICATIONS NO. 2122_35
BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICES F nVANCIAL_:FORM AI○ persous included within the meaning of either of血e fo11owmg teStS have a material financial interest in an agreement, Or apPlication for developmen白ights, Submitted for approval or disapproval by the City CouncH, and shall be identified by血e applicant, by name, On Page 1 6.

By signing this docu血ent, I agree to仙e infomation contained within.

COⅧAⅣNAⅢ∴∴∴高宮高有色1中`車′エ′}し　　　__
’S NAME (SIGNATURE):
t佐相雄ノ
ANT ’S NAME/TITLE (PRENT):

A。。脚e N。m。S:佃uv. us。。a副6、　DATE. J∴侶Questions ∞nCeming the application of e血er test to partioular facts should be resoIved in advance of Council action by agreement wi血the depa血ent head recommending approval of its agreement/application. 15 #4..
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REQUEST FOR BID AND SPECIFICATIONS NO. 2122_35
BIO-SOLⅡ)S REMOVAL AND LAND APPLICATION SERVICES

FINANCIAL ENTEREST DISCLOSURE FORM
COMPANY NA胴‥ 」王iJ叫L
NAME S
Signature / P血t:

Sig塑ature / Print:

Signature / Pri垂:

Si塾ature / Print:

Si印卸町e / Phnt:

Si印加町e / Phnt:

Signature / Print:

Si鱒ature / Print:

Si嬰lature / Print:

Signature / Print:

Si gnature / Print:

Si印卸町e / Phnt:

Signature / Print:

Simature / Print:
16 #4..
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ITEM # ITEM/DESCRIPTION
Estimated
Annual QTY UNIT OF ISSUE

MATERIALS
1 Bio-Solids service Sutter Treatment
Plant to Jennings Treatment Plant 3,000 TON $48.50 $145,500.00 1 Bio-Solids service Sutter Treatment
Plant to Jennings Treatment Plant 4,000 TON $48.50 $194,000.00 2 Bio-Solids Land Application 1 LOT $0.00 $0.00
***FOR COSTING PURPOSES ONLY***
Direct Labor
Rate*
Fringe Benefit
Rate** Extended Rate
$17.00 $3.94 $20.94

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
RFB NO 2122-35 BIO-SOLIDS REMOVAL AND LAND APPLICATION SERVICE Jim Brisco Enterprises, Inc.

Atwater, CA
Labor Craft
Driver: Dump Truck
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CITY OF MODESTO
(COMMITTEE) AGENDA REPORT
DATE OF MEETING:

December 5, 2022
Date: September 20, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Acceptance of the 2022 Public Health Goals Report CONTACT: William Wong, Director of Utilities, [email protected], 209-571-5801 DESCRIPTION:

Consider accepting the Public Health Goals Report (PHG) on the City of Modesto’s water system, in compliance with Title 22 of the California Health and Safety Code and forwarding to Council for approval. (Funding Source: Not Applicable)
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:

Title 22, Section 116470 of the California Health and Safety Code requires that all large water system providers issue a public notice on water quality standards within their service area.

In addition to the above requirement, any water system with more than 10,000 service connections is mandated to issue a report every three years documenting any exceedance of a Public Health Goal (PHG) for potable water; this report was last published in 2019. This report is only for the City of Modesto; it does not include the City’s outlying service areas because it contains fewer than 10,000 service connections. The water provider is also required to hold a public meeting on the Public Health Goals Report and accept public comments at that time.

A copy of the Public Health Goals Report is attached.

DISCUSSION:
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Economic Development Committee, December 5, 2022
Acceptance of the 2022 Public Health Goals

Page 2 of 2 ends

The State of California requires the Public Health Goals report to include:
 Numerical Public Health Risk
 Category/Type of Health Risk
 Best Available Treatment
 Estimated Treatment Cost
Only constituents that meet or exceed a PHG or Maximum Contaminants Level Goal (MCLG) if there is no PHG, are addressed. Reported constituents are: 1,2,3-Trichloropropane (TCP), Arsenic, Dibromochloropropane (DBCP), Tetrachloroethene (PCE), Radium 226 and 228, Uranium, E. coli Bacteria, and Lead.

All water quality data presented in the report was collected between 2019 and 2021. Data was previously summarized and presented to customers through the annual Consumer Confidence Report.

The annual operations and maintenance costs to reduce all contaminants in well water to meet the PHG, is estimated to be approximately $32 million annually.

Drinking water quality in the City meets all State Water Resource Control Board and U.S.

Environmental Protection Agency drinking water standards set to protect public health. PHGs are based on the volume of contaminant ingested. Surface water provides for greater protection of public health without additional investment in wellhead treatment.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion accepting the 2022 Public Health Goals Report in compliance with Title 22 of the California Health and Safety Code and forwarding to Council for approval.

Approved by:

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

1. Public Health Goals Report

2. Public Health Goals Table
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City of Modesto
2022 Public Health Goals Report

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Background
The California Health and Safety Code Title 22 Section 116470(b) specifies that water utilities serving more than 10,000 connections prepare a brief written report every three years that documents detections of any constituents that exceed a Public Health Goal (PHG) in the preceding three years. This report documents the drinking water contaminants in our water supply found to be above a PHGs, or if no PHG, above the Maximum Contaminant Level Goal (MCLG) during calendar years 2019 through 2021. The report must be presented at a public meeting, where Council may accept and respond to public comment. The Department of Drinking Water (DDW) must be notified after the meeting is held.

State law requires the following information to be disclosed in this report:
 Numerical public health risk
 Category or type of health risk
 Best Available Treatment (BAT) technology
 Estimated treatment costs (only operating and maintenance estimated cost; no capital estimated cost included)
The Water Division is recommending that no action be taken regarding the reduction of contaminants to levels below the MCL.

What are Public Health Goals?
PHGs are non-enforceable goals established by the California Office of Environmental Health Hazard Assessment (OEHHA) which is part of California Environmental Protection Agency. PHGs are based solely on public health risk considerations and are not required to be meet by any public water system. None of the practical risk-management factors that are considered by the United States Environmental Protection Agency (USEPA) or the California Division of Drinking Water in setting drinking water standards (MCLs) are considered in setting PHGs. PHGs are often not practically achievable from an economic and technological point of view.

When setting MCLs, the regulatory agencies take into consideration analytical detection capability, availability of treatment technology, benefits and cost.

PHGs are set by OEHHA based solely on public health risk considerations.

Water Quality Data Considered
All of the water quality data collected by the City between 2019 and 2021 for the purpose of determining compliance with drinking water standards was considered for the 2022 PHG report. This data was previously summarized and presented to customers in the annual Consumer Confidence Reports.

Guidelines Followed
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The Association of California Water Agencies (ACWA) formed a workgroup which prepared guidelines for water utilities to use in preparing these reports.

The ACWA guidelines were updated in 2022 and were utilized in the preparation of this report.

Best Available Treatment Technology and Cost Estimates
Both the USEPA and the DDW have adopted what are known as BATs or Best Available Technologies which are the best-known methods of reducing contaminant levels to the MCL. Costs can be estimated for such technologies.

However, since many PHGs and all MCLGs are set much lower than the MCL, it is not always possible nor feasible to determine what treatment is needed to further reduce a constituent downward to or near the PHG or MCLG, many of which are set at zero. Estimating costs to reduce a constituent to zero is difficult, if not impossible because it is not possible to verify by analytical means that the level has been lowered to zero. If the contaminant is not detected in a sample the result is reported as less than the detection level for reporting. In some cases, installing treatment to further reduce a very low level of one constituent may have an adverse affect on other aspects of water quality. The actual costs to reduce contaminants to PHG levels may differ dramatically from the estimates provided in this report.

Constituents Detected that Exceed a PHG or a MCLG
The following is a discussion of constituents that were detected at levels above the PHG, or if no PHG, above the MCLG.

The estimated operations and maintenance costs per year to reduce all contaminant in our well water to the Public Health Goal is approximately $32 million per year.

All cost estimates provided within this report were based on the cost for each BAT provided by ACWA in their 2022 guidance document.
1,1,2-Trichloroethane
There is 1 well that contains 1,1,2-Trichloroethane above the PHGs. The BAT for this chemical includes GAC. The cost to reduce 1,1,2-Trichloroethane in the 1 well in Modesto to meet PHGs is approximately $0.14 million per year. The OEHHA has determined that 1,1,2-Trichloroethane is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for 1,1,2-Trichloroethane above the PHG is 1x10-6 which means one excess cancer case per million people exposed. 1, 2 ,3 –Trichloropropane (TCP)
There are 15 wells that contain TCP above the PHGs. The BAT for TCP includes Granular Active Carbon (GAC). The cost to reduce the TCP in all Modesto wells to meet PHGs is approximately $0.91 million per year. The OEHHA has determined that TCP is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical #5..
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health risk for TCP above the PHG is 1x10-6 which means one excess cancer case per million people exposed.

Arsenic
There are 38 wells in Modesto that contain Arsenic above the PHGs. The BAT for arsenic includes ion exchange treatment. The cost to reduce arsenic in all Modesto wells to meet PHGs is approximately $10.97 million per year. The OEHHA has determined that arsenic is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for arsenic above the PHG is 1x10-6 which means one excess cancer case per million people exposed.

Dibromochloropropane (DBCP)
There are 2 wells that contain DBCP above the PHGs. The BAT for DBCP includes GAC. The cost to reduce the DBCP in all Modesto wells to meet PHGs is approximately $0.20 million per year. The OEHHA has determined that DBCP is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for DBCP above the PHG is 1x10-6 which means one excess cancer case per million people exposed.

Tetrachloroethene (PCE)
There are 2 wells that contain PCE above the PHGs. The BAT for PCE includes GAC. The cost to reduce the PCE in all Modesto wells to meet PHGs is approximately $0.05 million per year. The OEHHA has determined that PCE is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for PCE above the PHG is 1x10-6 which means one excess cancer case per million people exposed.

Radium 226
There are 7 wells that contain Radium 226 above the PHGs. The BAT for Radium 226 includes ion exchange treatment. The cost to reduce the Radium 226 in all Modesto wells to meet PHGs is approximately $0.97 million per year.

The OEHHA has determined that Radium 226 is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for Radium 226 above the PHG is 1x10-6 which means one excess cancer case per million people exposed.

Radium 228
There are 12 wells that contain Radium 228 above the PHGs. The BAT for Radium 228 includes ion exchange treatment. The cost to reduce the Radium 228 in all Modesto wells to meet PHGs is approximately $3 million per year. The OEHHA has determined that Radium 228 is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for Radium 228 above the PHG is 1x10-6 which means one excess cancer case per million people exposed.
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Uranium
There are 48 wells that contain Uranium above the PHGs. The BAT for Uranium includes ion exchange treatment. The cost to reduce the Uranium in all Modesto wells to meet PHGs is approximately $16 million per year. The OEHHA has determined that Uranium is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for Uranium above the PHG is 1x10-6 which means one excess cancer case per million people exposed.

E. Coli Bacteria
In July 2021, the California Revised Total Coliform Rule became effective. The purpose for the revisions was to provide the public with increased protection against microbial pathogens in drinking water served by public water systems. In the month of July 2021, the City collected 145 routine samples from the distribution system and one sample tested positive for both total coliform and E Coli bacteria. However, the repeat samples the City conducted tested negative for both total coliform and E. Coli bacteria. At this point the City met the MCL standards and did not need further investigation. The one single action that would most likely decrease the possibility of positive E. Coli detection would be to significantly increase the disinfectant residual. However, this would likely result in increased disinfection byproducts. Also, there is no action that could be taken with absolute certainty that could ensure that the system would always have zero positive samples.

No cost estimate is required.

Lead
The BAT for Lead and Copper (at the tap) is a Treatment Technique which optimizes on corrosion control. The City meets the requirements of having optimized corrosion control but still had a 90 percentile lead value above the PHG during the lead and copper at the tap sampling event in 2020. At this point it is not clear what additional steps could be considered, particularly without causing other potential water quality problems.

No cost estimate is required.

Recommendations for Further Action
The drinking water quality of the City meets all State of California, DDW and USEPA drinking water standards set to protect public health. The City of Modesto’s treated surface water, which represents approximately half of the water delivered, does not contain Arsenic, Uranium, DBCP, PCE, TCE, or Coliform above the detection limit for reporting. Since PHGs are set based on the volume of contaminant ingested, conjunctive use of well water and surface water provides for greater protection of public health without additional investment in wellhead treatment.

The Water Division is recommending that no action be taken because:
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 The cost to further reduce the levels of the contaminants identified in this report is estimated at over $32 million per year plus capital costs for the treatment systems.
 The effectiveness of the treatment processes to provide water that meets the PHG is uncertain because of limitations in analytical instrumentation.  The health protection benefits of reductions below the MCL are unclear and may not be quantifiable.
 The funds that are available might provide better health protection benefits if spent on water system operation, maintenance, surveillance and monitoring programs.
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2019-2021 Modesto System Public Health Goal Water Quality Table Chemical Maximum
Detected
Number of
Sites Health Risk Category
Best
Available
Technology
California
PHG
Cancer Risk @
PHG California MCL Cancer Risk @MCL
Million Gallons
Per Year
Estimated Cost
per Million
Gallons
Estimated Cost
per Year Million
1,2,3-Trichloropropane
(TCP) 10 ppt 15 Cancer GAC 0.7 ppt
1 per
1,000,000
persons
5 ppt
7 per
100,000,000
persons
1,564 $580 $0.91
Arsenic 9.3 ppb 38 Cancer Ion
Exchange 0.004 ppb
1 per
1,000,000
persons
10 ppb 2.5 per 1,000
persons
4,573 $2,400 $10.97
Dibromochloropropane
(DBCP) 0.06 ppb 2 Cancer GAC 0.003 ppb
1 per
1,000,000
persons

0.2 ppb 1 per 10,000
persons
339 $580 $0.20
Tetrachloroethene
(PCE) 8.7 ppb 2 Cancer GAC 0.06 ppb
1 per
1,000,000
persons
5 ppb 8 per 100,000
persons
94 $580 $0.05
Radium 226 0.24 pCi/L 7 Cancer Ion
Exchange 0.05 pCi/L
1 per
1,000,000
persons
5pCi/L
(combined Ra 226&228)
1 per 10,000
persons
402 $2,400 $0.97
Radium 228 0.76 pCi/L 12 Cancer Ion
Exchange

0.019
pCi/L
1 per
1,000,000
persons
5pCi/L
(combined Ra 226&228)
3 per 10,000
persons
1,264 $2,400 $3.03
Uranium 28 pCi/L 48 Cancer Ion
Exchange 0.43 pCi/L
1 per
1,000,000
persons
20 pCi/L 5 per 100,000
persons
6,690 $2,400 $16.06
Coliform Bacteria
E.Coli
1 sample
present for
E.Coli during 1
month in 2021
Already
Treated Acute Toxicity
Maintain
Disinfectant
Residual
(0) is the
MCLG no
PHG
NA Repeat Positive Sample or
Failure to Test for E. Coli NA
There is no action that could be taken with absolute
certainty that could ensure that the system would
always have zero percent E.Coli every single time.

System is aleady treating for bacteria by disinfection
of the water system.

Lead (at the tap) 0.0075 ppm 90th
percentile
Developmental Neurotoxity
Cardiovascular Toxicity
Cancer
TT 0.0002
ppm
<1 per
1,000,000
persons

0.015
(Action Level)
2 per
1,000,000
persons
System meets the requirements of having optimized
corrosion control already (involving sampling, reports, studies, etc.)
TOTAL ESTIMATED O&M COST PER YEAR TO TREAT MODESTO WELLS - MILLION $32 PHGs may not be attainable or quantifiable.

Cost estimates only include O&M. Costs estimates are provided only to comply with the California requirements.

Million Gallons Per Year was based off of prduction volumes from wells exceeding the PHG.

Estimated Cost per Million Gallons was based off of ACWA PHG Survey provided within the 2021 guidance. ppm is Parts Per Million (mg/L)
ppb is Parts Per Billion (ug/L)
ppt is Parts Per Trillion (ng/L)
pCi/L is Pico Curies Per Liter
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2019-2021 Modesto System Public Health Goal Water Quality Table Chemical Maximum
Detected
Number of
Sites Health Risk Category
Best
Available
Technology
California
PHG
Cancer Risk @
PHG California MCL Cancer Risk @MCL
Million Gallons
Per Year
Estimated Cost
per Million
Gallons
Estimated Cost
per Year
Million
NOTES
1,1,2-Trichloroethane 14 ppb 1 Cancer GAC 0.3 ppb
1 per
1,000,000
persons
5 ppb 2 per 100,000
persons
239 $580 $0.14 GAC sites were not included due to already treated and change outs occur once there is detection.
1,2,3-Trichloropropane
(TCP) 10 ppt 15 Cancer GAC 0.7 ppt
1 per
1,000,000
persons
5 ppt
7 per
100,000,000
persons
1,564 $580 $0.91
well 43 had a high hit of 10 ppt (well Inactive)
GAC sites were not included due to already treated and change outs occur once there is detection
Arsenic 9.3 ppb 38 Cancer Ion
Exchange 0.004 ppb
1 per
1,000,000
persons
10 ppb 2.5 per 1,000
persons
4,573 $2,400 $10.97
Included all sites over the PHG (included blend sites) due to blended sources (tanks and 49 eff) are over PHGs. Current blend ratios do not reduce contamination levels to PHG.

Dibromochloropropane
(DBCP) 0.06 ppb 2 Cancer GAC 0.003 ppb
1 per
1,000,000
persons

0.2 ppb 1 per 10,000
persons
339 $580 $0.20 GAC sites were not included due to already treated and change outs occur once there is detection.

Tetrachloroethene
(PCE) 8.7 ppb 2 Cancer GAC 0.06 ppb
1 per
1,000,000
persons
5 ppb 8 per 100,000
persons
94 $580 $0.05
well 1 had a high PCE result of 8.7 (well now has GAC for treatment).

GAC sites were not included due to already treated and change outs occur once there is detection.

Radium 226 0.24 pCi/L 7 Cancer Ion
Exchange 0.05 pCi/L
1 per
1,000,000
persons
5pCi/L
(combined Ra 226&228)
1 per 10,000
persons
402 $2,400 $0.97
Radium 228 0.76 pCi/L 12 Cancer Ion
Exchange

0.019
pCi/L
1 per
1,000,000
persons
5pCi/L
(combined Ra 226&228)
3 per 10,000
persons
1,264 $2,400 $3.03
Uranium 28 pCi/L 48 Cancer Ion
Exchange 0.43 pCi/L
1 per
1,000,000
persons
20 pCi/L 5 per 100,000
persons
6,690 $2,400 $16.06
well 10 had a high hit of 28 ppt (well Inactive)
Included all sites over the PHG (included blend sites) due to blended sources (tanks) over the PHGs. Current blend ratios do not reduce contamiantion levels to PHG.

Coliform Bacteria
E.Coli
1 sample
present for
E.Coli during 1
month in 2021
Already
Treated Acute Toxicity
Maintain
Disinfectant
Residual
(0) is the
MCLG no
PHG
NA Repeat Positive Sample or
Failure to Test for E. Coli NA
There is no action that could be taken with absolute
certainty that could ensure that the system would
always have zero percent E.Coli every single time.

System is aleady treating for bacteria by disinfection
of the water system. E. Coli only
Lead (at the tap) 0.0075 ppm 90th
percentile
Developmental Neurotoxity
Cardiovascular Toxicity
Cancer
TT 0.0002
ppm
<1 per
1,000,000
persons

0.015
(Action Level)
2 per
1,000,000
persons
System meets the requirements of having optimized
corrosion control already (involving sampling,
reports, studies, etc.)
Developmental Neurotoxicity - Causes neurobehavioral effects in children.

Cardiovascular Toxicity - Causes high blood pressure.
2020 Lead and Copper at the tap was over the PHG for Lead with 51 samples collected. 90th percentile was used for max detection.

TT - Optimizing corrosion control is considered to be the best treatment technique TOTAL ESTIMATED O&M COST PER YEAR TO TREAT MODESTO WELLS - MILLION $32 PHGs may not be attainable or quantifiable.

Cost estimates only include O&M. Costs estimates are provided only to comply with the California requirements.

Million Gallons Per Year was based off of prduction volumes from wells exceeding the PHG.

Economic Development CommitteeDecember 5, 2022

Economic Development Committee
December 5, 2022