Safety and Communities Committee
March 13, 2023

- 1 -
3/13/2023 4:00:00 PM
www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE / COUNCIL

WORKSHOP
Room 2001-40 Del Purerto Room
(To Access Meeting Please See Instructions Below)
Monday, March 13, 2023 at 4:00 PM
Roll Call: Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
Alternates: Eric Alvarez, Sue Zwahlen, Nick Bavaro, David Wright “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
- 1 -
3/13/2023
- 2 -
3/13/2023 4:00:00 PM

PARTICIPATING IN CITY COUNCIL COMMITTEE MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council Committee meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

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

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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

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

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
- 2 -
3/13/2023
- 3 -
3/13/2023 4:00:00 PM
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

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

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

PUBLIC COMMENTS
Please refer to special public comment instructions above.

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

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, - 3 -
3/13/2023
- 4 -
3/13/2023 4:00:00 PM
the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

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

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

Consent

1. Consider approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a total amount not to exceed $500,000 over five years; and forwarding to Council for approval. (Funding Source: General Fund)  Motion approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a two-year Agreement with three one-year extension options, for an annual estimated amount $100,000, and a total amount not to exceed $500,000 over five years; and forwarding to Council for approval.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent

2. Consider approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the agreement, for a year two total of $600,000, and for a total revised estimated amount not to exceed $1,600,000 over the term of the agreement and forwarding to Council for approval. (Funding Source: Tuolumne River Regional Park Operations Fund, Measure H)
- 4 -
3/13/2023
- 5 -
3/13/2023 4:00:00 PM
 Motion approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the agreement for a year two total of $600,000, and for a total revised estimated amount not to exceed $1,600,000 over the term of the agreement and forwarding to Council for approval.

PRN; Nathan Houx, 209-571-5526, [email protected]

NEW BUSINESS

3. Consider approving the Purchase for one Fleet Replacement in the amount not to exceed $52,011 and approving the implementation of the Electric Vehicle Pilot Program for the Modesto Police Department and forwarding to Council for approval. (Funding Source: Fleet Replacement Fund and Supplemental Law Enforcement Services Fund)
 Motion approving the implementation of the Electric Vehicle Pilot Program for the Modesto Police Department and forwarding to Council for approval.  Motion approving the purchase with Towne Ford Sales, Redwood City, CA for one Ford Mustang for an amount not to exceed $52,011; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and forwarding to Council for approval.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the Committee and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
- 5 -
3/13/2023

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 13, 2023
Date: February 08, 2023
TO: Safety & Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Annual Purchasing Agreement with Life-Assist, Inc.

CONTACT: Alan Ernst, Fire Chief, [email protected] , 209-572-9590 DESCRIPTION:

Consider approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a total amount not to exceed $500,000 over five years; and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.

BACKGROUND:

The Modesto Fire Department (MFD) responds to many medical emergencies per year and has a consistent need for medical supplies. These needs include, but are not limited to: gloves, syringes, medications, supplies for medical equipment like Electrocardiogram (EKG) Monitors and Defibrillators, as well as replacement of expired supplies. With an increasing demand partly due to contracting with additional stations and paired with recent inflation, we have a need to enter into a new purchasing agreement with Life-Assist, Inc. with an increased amount which will require council authorization.

DISCUSSION:

The City Manager authorized the Purchasing Manager to issue a formal Invitation for Bid (IFB) for the purchase of Fire and Emergency Medical Services (EMS) Supplies. On November 12, 2019 the League of Oregon Cities (LOC) issued a request for proposal (RFP) Number 1935 through the USA Today and Daily Journal Commerce for the purchase of Public Safety Medical Supplies, Equipment and Monitors. LOC works in cooperation with National Purchasing #1..
- 6 -
Safety & Communities Committee, March 13, 2023
Annual Purchasing Agreement with Life-Assist, Inc.

Partners (NPP). Eight (8) vendors submitted proposals. Based on providing a responsive and responsible proposal a contract was awarded to Life-Assist, Inc.

The contract between Life Assist, Inc. and LOC expires May 29, 2026. Staff is requesting a twoyear agreement with three (3) one-year extension options that will extend beyond the term of the League of Oregon Cities contract and Life-Assist Inc. has agreed to these terms.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

Both requirements were met based on the Competitive Bidding Process selected by National Purchasing Partners (NPP).

FISCAL IMPACT:

The anticipated annual cost is fully budgeted within the current 2022-2023 Fiscal Year from the General Fund Fire Department and Parks Department budgets and will be budgeted for future Fiscal Years. The majority of the Fire Department’s portion of the agreement is covered by additional revenues generated through MFD’s agreement with Mountain Valley EMS Agency (Project #100960).
5-Year History of Annual Expenditures:

FISCAL YEAR EMS Cost Center (18220) EMS Project (100960) Total 18/19 $3,199 $18,382 $21,581
19/20 $21,778 $23,399 $45,177
20/21 $61,207 $0 $61,207
21/22 $47,754 $37,217 $84,971
22/23 (Current) $12,946 $39,073 $52,019
5-YEAR TOTAL $146,884 $118,071 $264,955
Anticipated Agreement Annual Expenditures:

MFD: 0100-18220-52039 $90,000
PRN: 0100-33130-53030 $10,000
TOTAL
TOTAL OVER 5 YEARS
$100,000
$500,000
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a two-year Agreement with three (3) one-year extension options, for an #1..
- 7 -
Safety & Communities Committee, March 13, 2023
Annual Purchasing Agreement with Life-Assist, Inc.

annual estimated amount $100,000, and a total amount not to exceed $500,000 over five years; and forwarding to Council for approval.

Approved by:

Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. Life- Assist, Inc. Purchasing Agreement

2. Exhibit B RFP Number 1935

3. Financial Interest Disclosure
#1..
- 8 -
1 ANNUAL PURCHASE AGREEMENT
240412
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________________ , 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Life-Assist Inc., a California corporation, hereinafter called VENDOR,
W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023- authorizing the agreement for the Fire and Emergency Medical Services (EMS) materials, supplies or equipment described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR provided a responsive and responsible submittal that best meets the CITY needs per League of Oregon Cities Request for Proposal (RFP) 1935 attached hereto as Exhibit “B” and made a part hereof.

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of TWO YEARS with THREE one-year extension options at the sole discretion of City, for a total of up to five years.

Year one: APRIL 4, 2023 THROUGH APRIL 3, 2024
Year two: APRIL 4, 2024 THROUGH APRIL 3, 2025
Year three: APRIL 4, 2025 THROUGH APRIL 3, 2026
Year four: APRIL 4, 2026 THROUGH APRIL 3, 2027
Year five: APRIL 4, 2027 THROUGH APRIL 3, 2028
#1..
- 9 -
2 2. PRICING:

A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $100,000. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $500,000.

B. Pricing during AGREEMENT Year one shall be as set forth in Attachment A Pricing, attached hereto and made a part hereof by this reference.

C. Pricing shall remain firm for the first year of the AGREEMENT.

D. Price increases for each subsequent AGREEMENT years two, three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12 month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least 60 days prior to the annual anniversary date of the AGREEMENT.

3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.

4. ORDERING: Vendor shall deliver GOODS to the location specified within CITY’s agreement. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order/agreement number has been provided by CITY to VENDOR.

5. PAYMENT: All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected] . As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY with payment terms as “Net 45 Days” via manual check per VENDOR preference.

6. AMENDMENTS: No changes to this AGREEMENT shall be effective unless documented by a written amendment to this AGREEMENT and signed by the parties hereto with CITY represented by the Purchasing Division.

7. TERMINATION:

A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

B. CITY may terminate this AGREEMENT for convenience upon 30 days prior notice to VENDOR by CITY’s authorized employee.

8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in #1..
- 10 -
3 conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after come due to VENDOR, or send an invoice to the VENDOR which shall be paid within thirty (30) days, 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 VENDOR 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. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

9. RESPONSIBILITY: Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.

10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B. Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.

11. CHANGES: A purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid PO. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given therefore.

12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.

13. INSURANCE: Any purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.

14. TAX EXEMPTIONS: The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.
#1..
- 11 -
4 15. INDEMNITIES:

A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.

B. VENDOR shall hold the CITY and its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.

16. 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, U.S.A., without giving effect to its conflicts of law provisions or principles.

17. VENUE: Venue for 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 in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES. If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The Vendor shall assume full responsibility for the defense of any claims arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it.

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

CONTRACTOR: Life-Assist, Inc.
11277 Sunrise Park Drive
Rancho Cordova, CA 95742
ATTN: Bryan Hollliday
#1..
- 12 -
5 CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance.

22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.

23. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY. Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. 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 the parties.

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

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT in duplicate by its Director of Finance under authority of Resolution No. 2023- adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and Life-Assist, Inc. has caused this Agreement to be duly executed. #1..
- 13 -
43 #1..
- 14 -

NOTICE OF SOLICITATION

LEAGUE OF OREGON CITIES
RFP NUMBER 1935
SOLICITATION FOR: PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS Notice is hereby given that the LEAGUE OF OREGON CITIES will accept sealed proposals for PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS at the address listed below, until 5:00 PM PST on FEBRUARY 11, 2020. Those proposals will be for the LEAGUE OF OREGON CITIES and members of National Purchasing Partners Government Division (“NPPGov”) across the nation, including but not limited to governmental units incorporated by “ATTACHMENT H” of the Request for Proposal (RFP), WIPHE members identified in “ATTACHMENT G” of the RFP, as well as government units in all other states (collectively, “Participating Agencies”). Significant sales potential exists because the resulting Master Price Agreement for national proposers will include piggy backing language that permits use of the Master Price Agreement nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources and funds.

All Proposals must be signed, sealed and addressed to:

Mailing Address:

LOC “PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS RFP” #1935

LEAGUE OF OREGON CITIES
c/o Procurement Specialist
1201 Court St. NE
Suite 200
Salem, OR 97301
All Proposals must clearly state RFP #1935 and Proposing company’s full name on the OUTERMOST packaging.

NOTE: THE LEAGUE OF OREGON CITIES WILL NOT ACCEPT PROPOSAL ENVELOPES WITH INSUFFICIENT POSTAGE.

INQUIRIES:

LOC “PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS RFP” #1935

LEAGUE OF OREGON CITIES
c/o Procurement Specialist
1201 Court St. NE
Suite 200
Salem, OR 97301
[email protected]
The solicitation documents may be reviewed at the office address listed above.

NOTE: NOTICES OF SOLICITATION WILL BE PUBLISHED IN THE OREGON DAILY JOURNAL OF COMMERCE AND THE USA TODAY.
#1..
- 15 -

IMPORTANT

PLEASE READ BEFORE SUBMITTING YOUR PROPOSAL
SOLICITATIONS FOR: PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS

1.0 INTENT:

1.1 GENERAL INTENT
The LEAGUE OF OREGON CITIES (“LOC”) serves as the “Lead Contracting Agency” for this solicitation on behalf of its members, and as authorized by the LOC Intergovernmental Agreement, which is an agreement for intergovernmental cooperation among select local Oregon governments and recognized under ORS Chapter 190. LOC, in association with the members of National Purchasing Partners, LLC dba NPPGov (hereinafter referred to as “NPPGov”), comprises a cooperative procurement group. NPPGov membership includes government entities, non-profit organizations across the nation, members of Public Safety GPO, First Responders GPO, and Law Enforcement GPO, Hawaii, and Oregon local government units (ATTACHMENT H), and WIPHE members (ATTACHMENT G), as well as all other government units in all other states, as authorized under the terms of the Intergovernmental Cooperative Purchasing Agreement executed by all Lead Contracting and Participating Agencies (the foregoing list of entities hereinafter referred to as “Participating Agencies”). This procurement group is soliciting proposals from qualified companies (hereinafter referred to as “Proposer”) to enter into a Master Price Agreement for PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS.

The intent of this Interstate Cooperative Procurement Solicitation (hereinafter referred to as “Solicitation” or “RFP”) is to invite Proposers to submit a competitive pricing proposal offering PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS to LOC, which will then be made available to NPPGov members locally and nationwide; to reduce expenses by eliminating multiple requests for proposals and multiple responses by Vendors; and to obtain discounted pricing through volume purchasing. Significant sales potential exists because the Master Price Agreement will be used nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources. Preferably, the successful Proposer will provide its entire catalog of products and/or services in order that Participating Agencies who wish to access the Master Price Agreement may order a broad range of goods and services as needed.

With the exception of successful local Proposer(s) capable of servicing LOC and Participating Agencies within the state of Oregon, successful Proposer(s) should have a strong national presence for PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS for use by government agencies nationwide.

This Solicitation meets Oregon public contracting requirements (ORS 279A et. seq.) and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

1.2 POTENTIAL MARKET
#1..
- 16 -
The LOC is publishing this RFP to create publicly awarded contracts for use by its members, which may also benefit the thousands of fellow members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO. These are nationwide programs representing member government agencies in all 50 states. We encourage each Proposer’s response to be a collaborative effort including manufacturer and distributor (when they are not the same company) to ensure nationwide contract utilization.

Proposer’s response should also take into consideration the considerable market potential for this Solicitation. Because the successful proposal will be incorporated into a nationwide cooperative procurement program including tens of thousands of state, local government and non-profit participants from all 50 states, the LOC believes that contracts created from this Solicitation will provide vendors with a significant market advantage. Members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO and current vendors who participate in the program indicate the ability to shorten the sale cycle by eliminating the need to complete individual RFP processes is a significant advantage to participation.

The LOC believes that participation in the NPPGov purchasing program benefits both its Participating Agencies and successful Proposers. NPPGov engages with successful proposers who complete the Vendor Administration Agreement through a marketing and sales partnership. This partnership includes (but is not limited to) contract promotion to members, contract administration support to potential customers and live customer phone support.

1.3 REQUIREMENTS

1.3.1 The RFP and resulting Master Price Agreement are anticipated for use by the LOC’s government members, as well as other Participating Agencies across the nation. The LOC has entered into an Intergovernmental (interlocal) Cooperative Purchasing Agreement with other Participating Agencies for the purpose of obtaining Master Price Agreements with various vendors. Interlocal cooperative purchasing agreements allow Participating Agencies to make purchases at the LOC’s accepted proposal price, terms and conditions, provided that the Participating Agency has satisfied all of its local and state cooperative procurement requirements. By submitting a proposal, the Proposer(s) agrees to make the same proposal terms and price, exclusive of any possible rebates, incentives, freight and transportation fees, available to other Participating Agencies. The LOC and NPPGov will not incur any direct liability with respect to specifications, delivery, payment, or any other aspect of purchases by such Participating Agencies or nonprofit institutions. The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein and is available upon request — See Attachment A.

The successful Proposer must work directly with the Participating Agencies concerning the placement of orders, disputes, invoicing and payment. The LOC and NPPGov shall not be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any Participating Agency. Successful Proposers must comply with the state and local laws, rules and regulations in each state and locality where the product or service is provided.

1.3.2 Each Participating Agency shall execute a Participating Agency Endorsement and Authorization included in the Intergovernmental Cooperative Purchasing Agreement. While the terms of the Master Price Agreement shall govern the general pricing terms, each Participating Agency may request modification of the Master Price Agreement in accordance with each Participating Agency’s state and/or local purchasing laws, rules, regulations and procedures, provided said modifications are not material changes. Each Participating Agency may, at its discretion, and upon written agreement by the Participating Agency and Successful Proposer, request additional legal and procedural provisions not included herein that the successful Proposer must adhere to if it wishes to conduct business with said Participating Agency using the Master Price Agreement.

1.3.3 NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO provide vendor exposure/marketing and contract utilization support for the successful Proposer’s products and services. Successful Proposers servicing the awarded contract to Participating #1..
- 17 -
Agencies shall pay a Contract Administration Fee representing 2% percent of actual net sales under the Master Price Agreement as established in the NPPGov Vendor Administration Agreement (available upon request). Administration fee may not be listed or charged as a separate line item to users of the contract. The value of trade-ins or rebates shall not affect the amount of the administration fee paid to NPPGov.

1.4 MULTIPLE AWARDS
Multiple awards may be granted to meet the requirements of this Solicitation provided that such awards are differentiated by product make and model, service, and/or distribution regions and capabilities of the successful Proposers. Specifically, the LOC may award separate contracts to Proposers in order to cover all local and national geographical markets, electronic purchasing capabilities, and products and services identified in this Request for Proposal, as well as the diverse and large number of Participating Agencies.

The award of multiple contracts is to be determined upon receipt and review of all proposals, and based upon the general criteria provided herein. The LOC may solicit proposals from local qualified companies with or without a national presence provided that the successful Proposer is able to provide the LOC with the products and services requested. Multiple awards will ensure fulfillment of current and future requirements of the diverse and large number of Participating Agencies. In the event a local Proposer with no national distribution capabilities best meets the proposal selection criteria, multiple local and nationwide responsive proposals may be awarded simultaneously in the best interests of local commerce, compliance with local laws, and the Participating Agencies nationwide.

Proposers should be able to serve the needs of Participating Agencies on a national basis. However, this requirement shall not exclude local Proposers without a national presence that are capable of meeting the requirements of the LOC within the state of Oregon.

1.5 CONTRACT USAGE
The actual utilization of any Master Price Agreement will be at the sole discretion of LOC and the other Participating Agencies. It is the intent of this Request for Proposal and resulting Master Price Agreement that Participating Agencies may buy directly from Successful Proposers without the need for further solicitation. However, Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements as well as the need of further notice prior to utilizing the Master Price Agreement

1.6 BACKGROUND OF NPPGov
NPPGov, owned by two non-profit healthcare organizations, provides group purchasing opportunities and purchasing administrative support for governmental entities and nonprofit institutions within its membership. NPPGov’s membership includes participating public and nonprofit entities across North America.

1.7 EQUAL OPPORTUNITY
The LOC encourages Minority and Women-owned Small Business Proposers to submit proposals.

1.8 QUALIFIED REHABILITATION FACILITIES
Oregon Public Agencies are prohibited from use of products and services offered under this contract that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List pursuant to ORS 279.835 ORS 279.855. Please see www.OregonRehabilitation.org/qrf for more information.

2.0 SCOPE OF WORK:

2.1 REQUIREMENTS OF PROPOSERS SUBMITTING A RESPONSE:
#1..
- 18 -
Proposers must present clear and concise evidence indicating Proposer’s ability to comply with the requirements stated herein and to provide and deliver the specified products and services to Participating Agencies.

2.1.1 PROPOSER COMMITMENTS
Each Proposer is required to commit to low pricing, and accurate and timely reporting to NPPGov pursuant to the reporting requirements identified in the NPPGov Vendor Administration Agreement (available upon request). In addition, successful Proposer(s) with a national presence must commit to marketing of the Master Price Agreement nationwide and that the sales force will be trained, engaged and committed to offering NPPGov pricing to member government agencies nationwide, including the opportunity for NPPGov to train the Vendor sales staff.

2.1.2 PROPOSERS MUST COMPLETE “ATTACHMENT B” – PROPOSER PROFILE WORKBOOK”.

2.2 PRODUCTS AND SERVICES:

2.2.1 Provide a description of the PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS offered as set forth in ATTACHMENT C. The primary objective is for the Proposer(s) to provide the Proposer(s)’s entire catalog of products and services (“catalog discount”) that are responsive to this RFP so that Participating Agencies may order a broad range of products and services as appropriate for their needs. Anticipated future models and related products/services that may be offered during the term of the resulting Master Price Agreement should also be in included in Vendor’s Proposal.

2.2.2 All products offered must be new, unused and the most current product lines, unless otherwise clearly identified as remanufactured goods.

2.2.3 Describe any special programs that Proposer offers that shall improve the ability of the Participating Agencies to access the products, such as retail store availability, expedited delivery intervals, item sourcing, or other unique plans and services.

2.2.4 Additional Benefits: Proposer shall identify any other added value it offers to the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies (e.g. convenience cards, individual/member discounts, additional admin fee, etc.)

2.3 PRICING:

2.3.1 Pricing for the products and services may be based on “ATTACHMENT D” - PRICING SCHEDULE as follows:

A A fixed percentage (%) off marked price based on the Proposer’s catalog or retail store price for each CATEGORY specified in ATTACHMENT D – PRICING SCHEDULE.

Proposer shall identify the catalog used.

Option (A) is preferred. If option (A) is not feasible proposer may use option (B) provided Proposer includes a justification.

B Alternatively, contract pricing may be based upon fixed prices (contingencies for economic price adjustments must be identified in the proposal), or a combination fixed percentage off and firm fixed prices. Proposer may offer additional discounts to LOC and Participating Agencies based on volume.

If proposers are responding with option “B”, proposers may request price increases based on manufacturer costs, cost of labor and/or materials that must be supported by #1..
- 19 -
appropriate documentation. If LOC agrees to the price modification, LOC may approve in writing, including electronic mail, without the need for a written amendment to the Master Price Agreement.

2.3.2 Proposers may also add additional products and services provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Proposer may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Proposer may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3.3 Explain any additional pricing incentives that may be available such as large volume purchases, cash terms, or rebates to Participating Agencies. However, steeper discounts are preferred to rebates.

2.3.4 All pricing proposals shall clearly explain how freight and/or delivery costs are determined as described in ATTACHMENT D PRICING SCHEDULE herein.

2.4 TAX:

Proposers shall strictly adhere to all federal, state and local tax requirements applicable to their operation, and to any contract or activity resulting from this Solicitation.

3.0 SPECIAL TERMS & CONDITIONS:

3.1 MASTER PRICE AGREEMENT TERM:

As a result of this Solicitation the successful Proposer(s) shall be awarded a Master Price Agreement for a three (3) year period. The Master Price Agreement may be extended up to a maximum of three (3) additional one (1) year periods.

3.2 MASTER PRICE AGREEMENT ACCESS PROVISIONS
Utilization of the Master Price Agreement will be at the discretion of the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies. The LOC shall be under no obligation to purchase off of the Master Price Agreement. Assuming all local competitive solicitation requirements have been met, Participating Agencies may purchase directly from the successful Proposer(s) without the need for further solicitation.

3.3 INDEMNIFICATIONS AND INSURANCE:

Indemnification and insurance requirements will vary based on the nature of the RFP. Proposer is responsible for submitting appropriate indemnification and insurance coverage as applicable.

3.3.1 Indemnification
The successful Proposer shall indemnify the LOC and NPPGov as specified in the Master Price Agreement.

3.3.2 Insurance Requirements.

Proposer(s), at Proposer(s)’s own expense, shall purchase and maintain the herein stipulated #1..
- 20 -
minimum insurance from a reputable company or companies duly licensed by the State of Oregon. In lieu of State of Oregon licensing, the stipulated insurance may be purchased from a company or companies that are authorized to do business in the State of Oregon, provided that said insurance companies meet the approval of the LOC.

Proposer(s)’s insurance shall be primary insurance with respect to the LOC, and any insurance or self-insurance maintained by the LOC shall not contribute to it.

Award of this Solicitation is contingent upon the required insurance policies and/or endorsements identified herein. The LOC shall not be obligated to review such policies and/or endorsements or to advise Proposer(s) of any deficiencies in such policies and endorsements, and such receipt shall not relieve Proposer(s) from, or be deemed a waiver of the LOC’s right to insist on strict fulfillment of Proposer(s)’s obligations under this RFP.

The insurance policies required by this RFP, except Workers’ Compensation, shall name the LOC, its agents, representatives, officers, directors, officials and employees as an Additional Insured.

The policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against the LOC, its agents, representatives, officers, directors, officials and employees for any claims arising out of Proposer(s)’s work or service.

3.3.3 Commercial, automobile and workers’ compensation insurance.

3.3.3.1 Commercial General Liability. Proposer(s) shall maintain Commercial General Liability Insurance (CGL) and, if necessary, Commercial Umbrella Insurance. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of the Master Price Agreement.

3.3.3.2 Automobile Liability. Proposer(s) shall maintain Automobile Liability Insurance and, if necessary, Commercial Umbrella Insurance. If hazardous substances, materials, or wastes are to be transported, MCS 90 endorsement shall be included.

3.3.3.3 Workers’ Compensation and Employer’s Liability. Proposer(s) shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Proposer(s)’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance.

In case any work is subcontracted, Proposer(s) will require the SubProposer(s) to provide Workers’ Compensation and Employer’s Liability insurance to at least the same extent as required of Proposer(s).

4.0 SCHEDULE, RESPONSE PREPARATION AND SUBMISSION

4.1 SCHEDULE OF EVENTS

4.1.1 Publication of Request for Proposal
Publication of this Solicitation conforms with ORS 279B, to include Public Notice by publication in a newspaper of general circulation in the area where the LEAGUE OF OREGON CITIES (“LOC”) is located no less than 30 days prior to the proposal due date, as well as posting of the Public Notice on the web site that typically posts Public Notices concerning the LOC. #1..
- 21 -
Solicitation Notice Publication: NOVEMBER 12, 2019

4.1.2 Question and Answer period
The LOC will post questions and answers concerning this Solicitation no later than 10 days prior to the proposal due date. All questions shall be submitted in writing via email to 1935, Contract Manager, at [email protected]. The LOC reserves the right to accept and answer questions after the question and answer period has expired. All questions and answers will be posted on the LOC website at www.orcities.org.

4.1.3 Submission of Proposals
There will be no mandatory pre-proposal meeting. All questions must be submitted via email as directed above. If necessary, questions can be submitted in writing to LEAGUE OF OREGON CITIES, c/o Procurement Coordinator , 1201 Court St. NE, Suite 200, Salem, OR 97301 or [email protected].

Close date: Deadline for submission of proposals is 5:00 PM PST, on FEBRUARY 11, 2020.

The LOC must receive all proposals before 5:00 PM PST on the above date of closing in the office of the LEAGUE OF OREGON CITIES, c/o Procurement Coordinator, Executive Director, 1201 Court St. NE, Suite 200, Salem, OR 97301.

Approximate date of opening: 9:00 AM PST on FEBRUARY 12, 2020 at the office of the LEAGUE OF OREGON CITIES, c/o Procurement Coordinator, 1201 Court St. NE, Suite 200, Salem, OR 97301.

Proposal selection: FEBRUARY 12, 2020 to MARCH 20, 2020.

Approximate date of award: MARCH 20, 2020.

All responses to this Solicitation become the property of the LOC. Proposers should mark those aspects of the proposal that they consider trade secrets and exempt from public disclosure. The LOC will not be held accountable if parties other than the LOC obtain material from proposal responses without the written consent of the Proposer(s).

4.1.4 Withdrawal of Proposal
The Proposer(s) may withdraw its proposal at any time prior to the hour and date set for the receipt of proposals. Withdrawal will not preclude the submission of another proposal prior to the deadline.

4.2 REVIEW, INQUIRIES AND NOTICES:

4.2.1 The solicitation documents may be reviewed in person at the following address:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem, OR 97301
All inquiries concerning information herein shall be addressed to:

LEAGUE OF OREGON CITIES
c/o Procurement Coordinator
1201 Court St. NE
Suite 200
Salem, OR 97301
#1..
- 22 -
Administrative telephone inquiries shall be addressed to:

Procurement Coordinator
Email inquiries shall be addressed to: [email protected] Inquiries are required to be submitted by email to the Administrative Contact listed above.

No oral communication is binding on the LOC.

4.2.2 Proposal Interpretation of the RFP Documents and Issuance of Addenda If any Proposer(s) finds discrepancy in, or omissions from, or is in doubt to the true meaning of any part of the RFP document, he/she shall submit a written request for a clarification or interpretation thereof to:

LEAGUE OF OREGON CITIES
c/o Procurement Coordinator
1201 Court St. NE
Suite 200
Salem, OR 97301
Any request for clarification or interpretation must be received at least ten (10) calendar days prior to the RFP date of closing.

The LOC is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addenda. Addenda, if necessary, will be issued not later than five (5) days prior to the RFP date of closing by publication on the LOC’s web site and NPPGov website.

Oral interpretations or statements cannot modify the provisions of this Request for Proposal. If inquiries or comments by Proposers raise issues that require clarification by the LOC, or the LOC decides to revise any part of this Request for Proposal, addenda will be published and provided to all persons who receive the Request for Proposal. Receipt of an addendum must be acknowledged by signing and returning it with the proposal.

4.3 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS:

Proposers are to provide two (2) hard copies and two (2) electronic copies of the complete proposal.

Each electronic copy is to be submitted on a USB flash drive with the core response in a file less than 10 MB, when possible. Electronic files may be used by the Evaluation Committee so they should be organized and named in an easy to understand manner. Proposers are to address proposals identified with return address, RFP number and title in the following manner:

LOC “PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT &
MONITORS RFP” #1935

LEAGUE OF OREGON CITIES
c/o Procurement Coordinator , Contract Manager
1201 Court St. NE
Suite 200
Salem, OR 97301
All prices shall be held firm for a period of sixty (60) days after the Solicitation date of closing. Any Proposer may withdraw its proposal if a Master Price Agreement has not been executed within sixty (60) #1..
- 23 -
days from the RFP date of closing.

4.4 EXCEPTIONS AND DEVIATIONS TO THE RFP
The Proposer shall identify and list all exceptions taken to all sections of this RFP and list these exceptions, referencing the section (paragraph) where the exception exists and stating the proposed revision. The Proposer shall list these exceptions under the heading, “Exception to the Solicitation, RFP Number 1935.” Exceptions not listed under the heading “Exception to the Solicitation, RFP Number 1935.” shall be considered invalid. The LOC reserves the right to reject exceptions, render the proposal non-responsive, enter into negotiation on any of the Proposer exceptions, or accept any or all exceptions.

The Proposer shall detail any and all deviations from specifications, if any, contained in this Solicitation and Attachments, as requested. The LOC may accept or reject deviations, and all LOC decisions shall be final.

4.5 RESPONSE FORMAT AND CONTENT:

To aid in the evaluation, it is desired that all proposals follow the same general format. The proposals are to be submitted in binders and have sections tabbed as follows:

4.5.1 Letter of Transmittal

4.5.2 Table of Contents

4.5.3 Short introduction and executive summary. This section shall contain an outline of the general approach utilized in the proposal.

4.5.4 The proposal should contain a statement of all of the programs and services proposed, including conclusions and generalized recommendations. Proposals should be all-inclusive, detailing the Proposer’s best offer. Additional related services should be incorporated into the proposal, if applicable.

4.5.5 Qualifications – This section shall describe the Proposer’s ability and experience related to the programs and services proposed.

4.5.6 Exceptions to the Solicitation, RFP Number 1935.

4.5.7 PRICING SCHEDULE (“ATTACHMENT D”).

4.5.8 PROPOSER PROFILE WORKBOOK (“ATTACHMENT B”).

4.5.9 Complete, Current Catalog Pricing shall be submitted on a USB flash drive.

4.5.10 Format Proposal to specifically address each individual sub-section and sub-set of the SCOPE OF WORK (Section 2.0).

4.5.11 Signed Addenda, if any.

4.5.12 Proposal Final Certification.

5.0 EVALUATION AND POST SUBMISSION

5.1 EVALUATION OF PROPOSAL – SELECTION FACTORS:

LOC will evaluate each Proposal and prepare a scoring of each Proposal. Each Proposal received and reviewed shall be awarded points under each criterion solely on the judgment and determination of the #1..
- 24 -
Evaluation Committee and the LOC. There is a maximum score of 500 points and Proposer’s average total score must be at least 200 points for consideration of an award. Proposals will be evaluated on the following criteria and further defined in the Proposal Evaluation Form (ATTACHMENT E) utilizing the point system indicated on the form:
1) Pricing 2) Product Line (within each category) 3) Marketing 4) Customer Service 5) Proven Experience & References 6) Coverage 7) Conformance
At the LOC’s discretion, Proposers may be invited to make presentations to the Evaluation Committee.

LOC reserves the right to make multiple awards to meet the national membership needs of this Solicitation.

5.1.1 Additional criteria/preferences that are not necessarily awarded points.

5.1.1.1 Pursuant to ORS 279A.128, Lead Contracting Agency shall give preference to goods fabricated or processed within state or services performed within state.

5.1.1.2 Pursuant to ORS 279A.125, Lead Contracting Agency shall give preference to the procurement of goods manufactured from recycled materials.

5.1.1.3 Pursuant to ORS 279A.120, Lead Contracting Agency shall give preference to goods and services that have been manufactured or produced within the State of Oregon if price, fitness, availability and quality are otherwise equal; and the Lead Contracting Agency shall add a percent increase to the proposal of a nonresident Proposer equal to the percent, if any, of the preference given to the Proposer in the state in which the Proposer resides. All Proposers shall identify the state to which it is a resident bidder.

5.1.1.4 Lead Contracting Agency shall consider proposals for printing, binding and stationary work in accordance with ORS 282.210, incorporated herein by this reference.

5.1.1.5 Proposer shall comply with all federal, state and local laws applicable to the work under the Master Price Agreement awarded as a result of this Solicitation, including, without limitation, the provisions of ORS 279A and ORS 279B, including those provisions set forth on “ATTACHMENT F”, attached hereto and incorporated herein by this reference.

5.1.1.6 Pursuant to Section 1.7, the Lead Contracting Agency encourages Minority and Women-owned Small Business Proposers to submit proposals.

5.2 RIGHT OF LEAGUE OF OREGON CITIES TO AWARD OR REJECT PROPOSALS

5.2.1 The Request for Proposal does not commit the LOC to award a Master Price Agreement for the products or services specified within the Request for Proposal document. The LOC may cancel the procurement or reject any or all proposals in accordance with ORS 279B.100. Under no circumstance will the LOC pay the costs incurred in the preparation of a response to this request.

5.2.2 The LOC reserves the right to:

5.2.2.1 Accept or reject any or all proposals and proposal terms and conditions received as a result of the Request for Proposals;

5.2.2.2 Accept a proposal and subsequent offers for a Master Price Agreement from proposer(s) other than the lowest cost proposer;

5.2.2.3 Waive or modify any irregularities in proposals received after prior notification to the Proposer(s).

5.2.3 The award, if there is one, will be made to that Proposer(s) who is determined to be the most qualified, responsible and responsive within a competitive price range based upon the evaluation of the information furnished under this RFP.
#1..
- 25 -

5.3 PROTEST PROCESS
A prospective Proposer may protest the procurement process of the Solicitation for an Agreement solicited under ORS 279B. Before seeking judicial review, a prospective Proposer must file a written protest with the LOC and exhaust all administrative remedies. Written protests must be delivered to the LOC at 1201 Court St. NE, Suite 200, Salem, OR 97301 not less than ten (10) days prior to the date upon which all proposals are due. The written protest shall contain a statement of the desired changes to the procurement process or Solicitation document that the protester believes will remedy the conditions upon which the protest is based. The LOC shall consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405. The LOC shall respond pursuant to ORS 279B.405. If the LOC upholds the protest, in whole or in part, the LOC may in its sole discretion either issue an Addendum reflecting its disposition or cancel the procurement or solicitation. The LOC may extend the due date of proposals if it determines an extension is necessary to consider and respond to the protest.

A Proposer may protest the Award of the Contract, or the intent to Award the Contract, if the conditions set forth in ORS 279B.410 are satisfied. Judicial review of the protest and the LOC’s decision shall be governed by ORS 279B.415.

5.4 NON-ASSIGNMENT
If a Master Price Agreement is awarded, Proposer shall not assign the Agreement in part or in total.

5.5 POST AWARD MEETING:

The successful Proposer(s) may be required to attend a post-award meeting with the LOC to discuss the terms and conditions of the Master Price Agreement.

5.6 PROPOSAL FINAL CERTIFICATION
The Proposer must certify the following:
a) I hereby certify that the Proposal contained herein fully and exactly complies with the instruction for proposers and specifications as they appear in this Notice of Solicitation. b) I hereby further certify that I am authorized by the Board of Directors or Corporate Officers of the Corporation to sign the Requests for Proposals and proposals in the name of the corporation listed below:

Proposer Name: ____________________________________________ Signature: _________________________________________________ Name Typed: ______________________ Title: ___________________ Proposer is a resident bidder of the state of _______________________ Date: _____________________
#1..
- 26 -

ATTACHMENT A

INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
(The Intergovernmental Cooperative Purchasing Agreement is not attached hereto, but the current version is available upon request from the Lead Public Agency) (The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein) #1..
- 27 -

ATTACHMENT B
Proposer Profile Workbook to be completed by all responders as directed herein (fillable form available upon request)

1.0 GENERAL QUESTIONS:

Section 1.1 only to be completed by vendors with a national presence; i.e. vendors with a sales territory in 25 states or more.

1.1 The “Yes” or “No” questions below are to help evaluators familiarize themselves with national vendors.

Indicate “Yes” or “No” as it applies to your company.
 Do you have a national sales force adequate in size to meet the demands of multiple agencies and their unique needs for the products and services listed herein? Yes No
 Do you have a national distribution network that will support sales resulting from this RFP? Yes No
 Can you provide product availability to meet the requirements for materials and services listed herein for government and nonprofit agencies nationwide in a timely manner? Yes No
 Does your company have the ability to provide toll-free telephone/fax access, and an online presence? Yes No
 Can you provide a single point of contact (National Account Manager) to interact with the lead agency and NPPGov staff?
Yes No
 Are you a strong competitor in the industry with a minimum of three consecutive years of demonstrated success in all business practices and pursuits?
Yes No

1.2 Provide at least three references of government agencies within the United States that have purchased products/services from Proposer similar to those specified in this solicitation within the last year. If proposed products/services are new to market, please use most similar business references available. Include:

Agency name and address
Contact name, phone and email
Description of products/services sold and date.

LOC may use other information, however learned, in evaluation of the response.

1.3 OPTIONAL: If a Dun and Bradstreet Comprehensive Report (or similar) for your company is available, please submit it with your response.

1.4 OPTIONAL: Attach any case studies, white papers and/or testimonials supporting your company and products/services.
#1..
- 28 -

2.0 ABOUT PROPOSER:

2.1 State of incorporation:

2.2 Federal Tax Identification Number:

2.3 If applicable to the product(s) and/or service(s), describe the Proposer’s ability to conduct Ecommerce or online ordering. [Insert response in box below]

2.4 Describe Proposer’s system for processing orders from point of customer contact through delivery and billing. [Insert response in box below]

2.5 Describe Proposer’s ability to provide detailed electronic reporting of quarterly sales correlated with NPPGov Member ID numbers of Participating Agency purchases as set forth in Addendum A to Vendor Administration Agreement (VAA), a copy of which is available upon request from the LOC. [Insert response in box below]

2.6 Describe the capacity of Proposer to meet Minority and Women Business Enterprises (MWBE) preferences, which may vary among Participating Agencies. [Insert response in box below]

2.7 Proposer acknowledges compliance with Davis Bacon wage requirements where labor is concerned by indicating “yes” or “no” below.

2.8 By submitting a Proposal in response to this RFP, Proposer agrees, if applicable, to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE

REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. Indicate “yes” or “no” below.

2.9 Complete Exhibit 1, located at the end of this workbook.

3.0 DISTRIBUTION SYSTEM:

3.1 Describe distribution of products and/or services available in Proposer’s response through Proposer’s distribution system (including Alaska and Hawaii), including any limitations. [Insert response in box below]

3.1.A Is it your intent to offer the proposed products and/or services through a designated distribution/dealer network, indicate “yes” or “no” below? #1..
- 29 -
YES NO

3.2 Provide Proposer’s shipping and delivery policy, including standard delivery time and any options and costs for expedited delivery and return policies. [Insert response in box below]

3.3 Third party and/or subcontracting may be allowed. If applicable, detail the sub-contracting process (ordering, shipment, invoicing, billing) for those products not carried in Proposer’s distribution center.

Alternatively, if proposer utilizes a third-party ordering, shipment, invoicing or billing partner, please describe in detail. [Insert response in box below]

3.4 What is Proposer’s backorder policy? Is your policy to classify as “immediate or cancel” (requiring the Participating Agency to reorder if item is backordered) or “good until cancelled”? [Insert response in box below]

3.5 Indicate whether the Proposer has any dealer or distributors that are authorized to fulfil purchases? Yes No [Circle one]

3.6 If answered yes to 3.5, include a copy of or link to authorized dealers or distributors.

4.0 MARKETING:

4.1 Outline Proposer’s plan for marketing the Products and Services to the Participating Agencies on a local and national basis. Include any marketing incentives such as committed dollars for advertising, conferences/travel and custom marketing materials. [May attach marketing plan or insert response in box below]

4.2 Explain how Proposer will educate its local and national sales force about the use of the Master Price Agreement. [Insert response in box below]

4.3 Indicate the Proposer’s willingness to allow training to its local and national sales force about the #1..
- 30 -
use of the Master Price Agreement. [Insert response in box below]

5.0 POINT OF CONTACT:

Proposer POC who will administer, coordinate, and manage this program with NPPGov and the LEAGUE OF OREGON CITIES:

Contact Person: Title:

Mailing Address:

City: State & Zip:

Email Address:

Phone #: Fax #:

Attach current resume of National Account Manager that will be the POC managing this contract.

6.0 CUSTOMER SUPPORT SERVICES:

Explain Proposer’s policy regarding each of the following if applicable to product(s) and/or service(s):

6.1 Auditing for order completeness. [Insert response in box below]

6.2 Replacement policy (i.e., damaged or defective goods). [Insert response in box below]

6.3 Minimum order requirement (e.g., Individual item vs. case lot). [Insert response in box below]

6.4 Customer service hours/days of operation [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

6.5 Special Orders. [Insert response in box below]

6.6 Post sale services issues. [Insert response in box below]

6.7 Repair services, including repair warranty programs, if any. Proposer shall identify, where applicable, authorized factory repair facilities that will honor the warranty of items on contract. [Insert response in box below]

6.8 Technical support services Proposer provides. [Insert response in box below] #1..
- 31 -

6.9 Product substitution policy. [Insert response in box below]

6.10 Identify trade-in program criteria (if applicable). [Insert response in box below]

6.11. After hours service (including weekends and holidays) [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

6.12 Shipment tracking. [Insert response in box below]

6.13 Back order tracking process. [Insert response in box below]

6.14 Return Item process, including any/all associated fees (e.g., restocking, shipping, turnaround time on returns). [Insert response in box below]

6.15 Electronic billing. [Insert response in box below]

6.16 Explain how Proposer will resolve complaints, issues, or challenges. [Insert response in box below]

6.17 Other services not already covered. [Insert response in box below] #1..
- 32 -

7.0 DELIVERY AND FREIGHT CHARGES:

7.1 Identify delivery and/or shipping costs or provide a shipping rate schedule based on weight, item, and/or destination for all items ordered within the continental U.S. (and Hawaii/Alaska). The Proposer shall identify all exceptions to this shipping rate schedule. [Insert response in box below]

7.2 Identify policy for transfer of product ownership (delivery) and damage/issue resolution. [Insert response in box below]

8.0 VENDOR TERMS AND CONDITIONS.

8.1 Does Proposer require that customers/Participating Agencies agree to standard terms and conditions related to their purchase? Yes No [Circle one]

8.2 If answered yes to 8.1, include a copy of or link to terms and conditions.

9.0 WARRANTY INFOMATION:

9.1 Identify warranty options, if applicable. [Insert response in box below] #1..
- 33 -
Exhibit 1
PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS Coverage

RETAIL, DISTRIBUTION AND SERVICE/SUPPORT LOCATIONS
Number of retail
stores in each state?
(leave blank for
none)
Number of
distribution centers
in each state?
(leave blank for
none)
Number of support
locations in each
state? (leave blank
for none)

ALABAMA
ALASKA

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

CONNECTICUT

DELAWARE

FLORIDA

GEORGIA
HAWAII
IDAHO

ILLINOIS

INDIANA
IOWA
KANSAS

KENTUCKY

LOUISIANA
MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSISSIPPI

MISSOURI

MONTANA

NEBRASKA
NEVADA

NEW HAMPSHIRE

NEW JERSEY

NEW MEXICO

NEW YORK

NORTH CAROLINA

NORTH DAKOTA
OHIO

OKLAHOMA
OREGON

PENNSYLVANIA
#1..
- 34 -

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

TENNESSEE
TEXAS
UTAH

VERMONT

VIRGINIA

WASHINGTON

WEST VIRGINIA

WISCONSIN

WYOMING

#1..
- 35 -

THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE #1..
- 36 -
Exhibit 2
Declaration of Non-Collusion
The undersigned does hereby declare that there has been no collusion between the undersigned, the LEAGUE OF OREGON CITIES, and National Purchasing Partners, and in further support of said Declaration, states as follows:

The person, firm, association, co-partnership or corporation herein named has not, either directly or indirectly, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding or solicitation in the preparation and submission of a proposal to the LEAGUE OF OREGON CITIES for consideration in the award of a contract or Master Price Agreement negotiated as a result of this Request for Proposal.

DATED this ______ day of _____________, _______.

(Name of Firm)
By:
(Authorized Signature)
Title:
#1..
- 37 -

ATTACHMENT C

SPECIFICATIONS

PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS
These specifications are intended to cover the complete range of PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS. Several categories are included below but are in no means intended to limit the Proposer to responding to just these categories if there are other related products and services that Proposer would like to be considered for the award. Proposers should respond with pricing for all products and services they wish to be considered in the evaluation for a possible award and master price agreement.

The following categories are provided to indicate the intended extent of the RFP but do not necessarily represent the format of the Proposer’s response. Proposers may combine any and all categories and elements in a format that is most appropriate to represent their business in their response.

NOTE: Proposers are not required to respond to all categories. Proposals will only be evaluated based on the categories to which they respond.

CATEGORY 1: MEDICAL PRODUCTS AND SUPPLIES
Including, but not limited to, the medical products and supplies needed and used by Public Safety professional to care for, treat and transport patients with medical conditions. Below are a non-exhaustive list of the products and supplies applicable to be included in a vendor’s submission.
• Airway
o Video Laryngoscope
o Suction Equipment
• Bags and Cases
o Equipment Bags/Cases
o Specialty Bags/Cases
• Personal Protection Equipment (EMS)
• Fluid Administration/Vascular Access
o Intraosseous Access
o Solutions Sets
o Intravenous Access
• Immobilization and Supplies
o Traction Immobilization Devices
o Vacuum Immobilization Devices
• Infection Control
o Gloves
 Nitrile
 Exam Vinyl
o Sharp Containers
• Instrumentation
• Kits
#1..
- 38 -
o First Aid Kits
o Specialty Kits
 IV Start
 Etc.
• Lights and Flashlights
• Linen
o Reusable
o Disposal
• Oxygen Delivery
• Patient Handling and Transport
• Resuscitation Equipment
o Circulation Enhancing Devices
o Mechanical Chest Compression
• Tactical Medicine
• Training and Simulation
• Trauma
• Vehicle Accessories
• WMP Preparedness
• Wound Care
o Burn Care
o Bleeding Control
 Tourniquets
 Hemostatic Agents
CATEGORY 2: PHARMACEUTICLAS
Including, but not limited to, the pharmaceutical products used by Public Safety Professional in the care and treatment of their patients.

CATEGORY 3: MEDICAL MONITORS, DEFIBRILLATORS AND DIAGNOSTICS Including, but not limited to, the various medical monitors, defibrillators (AEDs) and diagnostic products used by Public Safety Professionals in the care and treatment of their patients. Examples of such products are listed below:
• Defibrillation
• Patient Monitors
o ECG
o Etc.
• Thermometry
• Ultrasound
CATEGORY 4: MEDICAL LIFE SUPPORT EQUIPMENT
Including, but not limited to, Life Support Equipment used by Public Safety Professional in the care and treatment of their patients. Examples of such products are listed below:
• Medical Mechanical Ventilation Devices
• Intravenous Fluid Administration Devices
#1..
- 39 -
CATEGORY 5: MEDCIAL INVENTORY MANAGEMENT SYSTEMS
Including, but not limited to, Services and options related to the inventory management, purchasing and tracking of products offered in other categories.

This may include:
• Medical Products Dispensing Devices
o Vending Machines
• Cloud Based Inventory Systems
• On-premise Inventory Systems
CATEGORY 6: INSTALLATION, SERVICE AND MAINTENANCE
Including, but not limited to, Installation, Service and Maintenance of the above listed products and service.

CATEGORY 7: OTHER
Other PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS not included in other categories.
#1..
- 40 -

ATTACHMENT D

PRICING SCHEDULE
The intent is for each Proposer to submit their complete product line so that Participating Agencies may order a wide array of products and services as appropriate for their needs. Proposer is encouraged but is not required to respond to all categories. Proposer may suggest additional categories and sub-categories as applicable. Proposer may subcontract items Proposer does not supply.

The Proposer should not necessarily limit the proposal to the performance of the services in accordance with this document but should outline any additional services and their costs if the Proposer deems them necessary to accomplish the program.

Pricing and resulting relative discount to LOC and NPPGov membership shall be clearly delineated on each proposal. Contract admin fee (established in the “Requirements” Section of the RFP) may not be listed or charged as a separate line item to users of the contract. Contract pricing shall be based upon:
1) Fixed discount(s) off published price list(s) or catalog(s) 2) Firm fixed price with economic adjustment (contingencies for economic price adjustments must be identified in the proposal)
3) A combination of the above.

EXAMPLE

PUBLIC SAFETY MEDICAL SUPPLIES, EQUIPMENT & MONITORS
Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not available)

MEDICAL PRODUCTS AND SUPPLIES
• AIRWAY
• BAGS & CASES
• PERSONAL PROTECTION EQUIPMENT (EMS)
• FLUID ADMINISTRATION/VASCULAR ACCESS
• IMMOBILIZATION AND SUPPLIES
• INFECTION CONTROL
• INSTRUMENTATION
• KITS
• LIGHTS & FLASHLIGHTS
• LINEN
• OXYGEN DELIVERY
• PATIENT HANDLING AND TRANSPORT
• RESUSCITATION EQUIPMENT
• TACTICAL MEDICINE
• TRAINING AND SIMULATION
• TRAUMA
• VEHICLE ACCESSORIES
• WMP PREPAREDNESS
• WOUND CARE
#1..
- 41 -

PHARMACEUTICLAS

MEDICAL MONITORS, DEFIBRILLATORS AND DIAGNOSTICS

MEDICAL LIFE SUPPORT EQUIPMENT

MEDICAL INVENTORY MANAGEMENT SYSTEMS

INSTALLION, SERVICE AND MAINTENANCE
OTHER
Options
Proposers shall provide pricing on all options, modifications, and accessories in a format that best represents their product line and pricing structure. This may include specific pricing for some options and may also include general pricing/discounts for categories of options. Proposer may also indicate availability and pricing of all other non-specified options. The intent is to provide Proposers the opportunity to present as much product as possible in the format that fits within their individual formatting needs so that the resulting award allows LOC and NPPGov members the greatest number of procurement options.

Miscellaneous
Proposers should include any applicable pricing information related to Section 2.3 of the RFP including but not limited to: large volume purchases, cash terms, rebates, freight/delivery costs and individual discounts.
#1..
- 42 -

ATTACHMENT E

PROPOSAL EVALUATION FORM
Proposals will be evaluated using a two-step process.

The first step evaluates the responsiveness of the proposer and determines 1) if the proposer is deemed fully responsive enabling the proposal to move to the second step and 2) if the proposal will be evaluated as a local response (within the State of Oregon), regional response (covering multiple States, but not the entire US) or a national response (covering the entire US, or at least the continental US).

The second step of the evaluation process will only occur with proposals deemed fully responsive from the first step. The second step fully evaluates the proposer’s response based on the criteria found in the proposal evaluation form.

STEP 1
Proposal Responsiveness
Component YES NO
Submitted on time
Company name and RFP number on
outermost packaging
Completed Proposer Profile Workbook
(PPW)
Included pricing structure
Included references
Proposal signed
Deemed Fully Responsive YES NO
Categorized as Local, Regional or
National
Local Regional National
#1..
- 43 -
Proposal Evaluation Form
STEP 2
Full Evaluation of Proposal
Point Value Definitions
(5) Exceeded Requirements - Compelling Detail, Showed Ability to Complete (4) Met Requirements - Thorough, Provided Supportive Material/Examples (3) Satisfied Requirements - Sufficient
(2) Unclear if Requirements Met - Poor or Confusing
(1) Did Not Comply with Requirements - Substandard or Blank

Component Evaluated Weight Possible
Points
(1-5)
Total
Points
(Weight
x PP)
Evaluator’s Comments
Pricing: Product price and
discounts proposed included
favorable pricing for
cooperative purchasing.

Shipping conditions.

PPW Section 7.0 and Pricing
structure.
25 Comments:

Product Line (Score only
categories proposed):

Breadth, variety, quality of
product line and innovation
of products. Warranty
availability.

PPW Section 9.0.
15 Comments:

Marketing: Marketing plan
to promote the resulting
contractual agreement and
ability to incorporate use of
agreement in their sales
system throughout indicated
coverage region.

Willingness to allow
training of salesforce.

PPW Section 4.0.
15 Comments
Customer Service: Support
dedicated to Participating
Agencies. Ability to meet
promised delivery timelines.

Additional services offered.

Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4
and Section 6.0.
15 Comments:
#1..
- 44 -
Proven Experience: Success
in providing products and
services in a timely manner.

Years in business,
references and reputation.

Experience with cooperative
purchasing.

PPW Sub-Section 1.2.
15 Comments:

Coverage: Ability to provide
products and services for
indicated coverage region
including distribution, retail
& service facilities,
coordination of
manufacturer and
distribution, and staff
availability. Clearly states
distribution model and
provides dealer list if
applicable.

PPW Section 3.0 and Exhibit 1.
10 Comments:

Conformance: Completeness
of proposal and the degree
to which the Proposer
responded to the terms and
all requirements and
specifications of the RFP.

Followed the response
format and content, was
clear and easily understood.

Provided Term’s and
Condition’s, if applicable.

PPW Section 8.0 and 4.5 of
RFP.
5 Comments:

TOTAL 100
General Comments:

Name of Evaluator _________________________
Signature _________________________________
Date _________________
#1..
- 45 -

ATTACHMENT F

OREGON REVISED STATUTES (AS MAY BE AMENDED) REQUIREMENTS Successful Proposer (Contractor) shall comply with the requirements of this ATTACHMENT F to the extent required by any applicable federal or state law.
(1) Contractor shall pay promptly, as due, all persons supplying labor or materials for the performance of the work provided for in the contract and shall be responsible for such payment of all persons supplying such labor or material to any Subcontractor.
(2) Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract. (3) Contractor shall not permit any lien or claim to be filed or prosecuted against the LOC or any Participating Agency on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted.
(4) Contractor and any Subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167
(5) If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or materials furnished to the Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due, the LOC or any Participating Agency may pay such claim to the persons furnishing the labor or material and charge the amount of payment against funds due or to become due Contractor by reason of the contract. The payment of a claim in the manner authorized hereby shall not relieve the Contractor or Contract surety from Contractor or its obligation with respect to any unpaid claim. If the LOC or any Participating Agency is unable to determine the validity of any claim for labor or material furnished, the District may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined and the claim, if valid, is paid. (6) Contractor shall promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. (7) In a contract for personal services, contractor shall pay employees at least time and half for all overtime worked in excess of 40 hours in any one week under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201, et seq.). In contracts for services, contractors shall pay employees at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(A) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater.
(8) The Contractor must give notice in writing to employees who work on this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and the days per week that the employees may be required to work. (9) All subject employers working under the contract are either employers that will comply with ORS 656.017, or employers that are exempt under ORS 656.126.
(10) All sums due the State Unemployment Compensation Trust Fund from the Contractor or any Subcontractor in connection with the performance of the contract shall be promptly so paid. (11) The contract may be canceled at the election of LOC for any willful failure on the part of Contractor to faithfully perform the contract according to its terms.
#1..
- 46 -
(12) Contractor certifies compliance with all applicable Oregon tax laws, in accordance with ORS 305.385. (13) Contractor certifies that it has not discriminated against minorities, women, emerging small business enterprises certified under ORS 200.055, or business enterprises owned or controlled by or that employ a disabled veteran in obtaining any required subcontractors.
#1..
- 47 -

ATTACHMENT G

WIPHE RESPONSE FORM

THIS FORM MUST BE RETURNED WITH SOLICITATION RESPONSE
Vendor servicing Washington State AGREES to sell items included in this solicitation to WIPHE institutions at prices offered, unless otherwise noted below:
________ DOES NOT agree to sell to WIPHE Institutions.
________ AGREES to sell to WIPHE Institutions at same prices and discounts, with the following exceptions: (attach additional pages as necessary)
Vendor must state geographic areas or specific institution(s) listed below within the State of Washington that are EXCLUDED from the contract(s) resulting from this solicitation:

Washington Institutions of Public Higher Education (WIPHE). See list on following page.

If Vendor agrees to sell to the WIPHE Institutions, a WIPHE Contract number will be assigned and the information will be reported to the Council of Presidents. The Council of Presidents notifies all the other schools when a WIPHE contract has been awarded and a master list will be maintained and the WIPHE website updated. WIPHE shall determine, at its absolute discretion, whether it shall accept and/or utilize the contract resulting from the Request for Proposal
#1..
- 48 -
Washington Institutions of Public Higher Education (WIPHE)

FOUR-YEAR UNIVERSITIES

CENTRAL WASHINGTON UNIVERSITY

EASTERN WASHINGTON UNIVERSITY

THE EVERGREEN STATE COLLEGE

UNIVERSITY OF WASHINGTON

WASHINGTON STATE UNIVERSITY

WESTERN WASHINGTON UNIVERSITY
COMMUNITY AND TECHNICAL COLLEGES:

BATES TECHNICAL COLLEGE

BELLEVUE COMMUNITY COLLEGE

BELLINGHAM TECHNICAL COLLEGE

BIG BEND COMMUNITY COLLEGE

CASCADE COMMUNITY COLLEGE

CASCADIA COLLEGE

CENTRALIA COLLEGE

CLARK COLLEGE

CLOVER PARK TECHNICAL COLLEGE

COLUMBIA BASIN COLLEGE

EDMONDS COMMUNITY COLLEGE

EVERETT COMMUNITY COLLEGE

GRAYS HARBOR COLLEGE

GREEN RIVER COMMUNITY COLLEGE

HIGHLINE COMMUNITY COLLEGE

LAKE WASHINGTON TECHNICAL COLLEGE

LOWER COLUMBIA COLLEGE

OLYMPIC COLLEGE

PENINSULA COLLEGE

PIERCE COLLEGE

RENTON TECHNICAL COLLEGE

SEATTLE CENTRAL COMMUNITY COLLEGES

SHORELINE COMMUNITY COLLEGE

SKAGIT VALLEY COLLEGE

SOUTH PUGET SOUND COMMUNITY COLLEGE

SPOKANE COMMUNITY COLLEGES

STATE BOARD FOR TECHNICAL & COMMUNITY

COLLEGES

WENATCHEE VALLEY COLLEGE

YAKIMA VALLEY COMMUNITY COLLEGE

WHATCOM COMMUNITY COLLEGE
#1..
- 49 -
Miscellaneous local agencies within Washington State*

ADAMS COUNTY
PUYALLUP SCHOOL DIST 3

KITSAP COUNTY
FIFE SCHOOL DIST 417
RIVERVIEW SCHOOL DIST 407

GONZAGA UNIVERSITY

PLANNED PARENTHOOD OF WESTERN

WASHINGTON

SNOHOMISH COUNTY

MASON COUNTY

FEDERAL WAY SCHOOL DIST

SPOKANE COUNTY
ISSAQUAH SCHOOL DIST 411

ADAMS COUNTY FIRE DISTRICT

ADAMS COUNTY HEALTH DISTRICT

AFFILIATED HEALTH SERVICES

ALDERWOOD WATER DISTRICT

ANACORTES PORT OF
ANACORTES SCHOOL DISTRICT 103

ANNAPOLIS WATER DISTRICT

ASOTIN COUNTY
AUBURN SCHOOL DISTRICT 408
BAINBRIDGE IS SCHOOL DISTRICT 303

BAINBRIDGE ISLAND FIRE DEPARTMENT

BAINBRIDGE ISLAND PARKS
BATTLE GROUND SCHOOL DISTRICT 119
BELLEVUE SCHOOL DISTRICT 405

BELLINGHAM PORT OF
BELLINGHAM SCHOOL DISTRICT 501

BENTON COUNTY

BENTON COUNTY FIRE DISTRICT

BENTON COUNTY PUD

BENTON FRANKLIN COUNTY

BENTON FRANKLIN PRIVTE INDUST CNCL

BENTON PORT OF
BETHEL SCHOOL DISTRICT 403

BIG BROTHERS BIG SISTERS OF KING CO

BIRCH BAY WATER & SEWER DISTRICT

BLANCHET SCHOOL DISTRICT

BREMERTON KITSAP CO HEALTH DISTRICT

BREMERTON PORT OF
BREMERTON SCHOOL DISTRICT 100
BURLINGTON EDISON SCHOOL DIST 100

CANCER RESEARCH AND BOISTATISTICS

CASCADE BLUE MT FD SHR

CASCADE IRRIGATION DISTRICT
CASHMERE SCHOOL DISTRICT 222

CATHOLIC COMM SVCS OF KING CO
CENTRAL KITSAP SCHOOL DISTRICT 401

CENTRAL WAS COMP MENTAL HEALTH
CENTRALIA SCHOOL DISTRICT 40
CHEHALIS SCHOOL DISTRICT 302

CHELAN COUNTY

CHELAN COUNTY COMMUNITY HOSPITAL

CHELAN COUNTY FIRE DISTRICT
CHELAN COUNTY PUD 1

CHELAN DOUGLAS COUNTY HEALTH DIST

CHENEY CARE CENTER

CHILD CARE RESOURCE & REFERRAL

CHILDRENS THERAPY CENTER
CHIMACUM SCHOOL DISTRICT 49

CLALLAM COUNTY

CLALLAM COUNTY FIRE DISTRICT

CLALLAM COUNTY HOSPITAL DISTRICT

CLALLAM COUNTY PUD

CLARK COUNTY

CLARK COUNTY FIRE DISTRICT

CLARK COUNTY PUD
CLE ELUM-ROSLYN SCHOOL DISTRICT 404
CLOVER PARK SCHOOL DISTRICT 400

CNTRL WHIDBEY FIRE & RESCUE

COAL CREEK UTILITY DISTRICT

COALITION AGAINST DOMESTIC VIOLENCE

COLUMBIA COUNTY

COLUMBIA IRRIGATION DISTRICT

COLUMBIA MOSQUITO CONTROL DISTRICT

COMMUNITY CHRISTIAN ACADEMY

COMMUNITY PSYCHIATRIC CLINIC

COMMUNITY TRANSIT

CONFEDERATED TRIBES OF CHEHALIS

CONSOLIDATED DIKING IMPROVEMENT DIST

CONSOLIDATED IRRIGATION

COWLITZ COUNTY

COWLITZ COUNTY FIRE DISTRICT

COWLITZ COUNTY PUD

CROSS VALLEY WATER DISTRICT
DAYTON SCHOOL DISTRICT 2

DOUGLAS COUNTY

DOUGLAS COUNTY FIRE DISTRICT

DOUGLAS COUNTY PUD

DRUG ABUSE PREVENTION CENTER

E COLUMBIA BASIN IRRIGATION DIST

EAST WENATCHEE WATER
EATONVILLE SCHOOL DIST 404
EDMONDS SCHOOL DISTRICT 15
EDUCATIONAL SERVICE DIST 114
EDUCATIONAL SERVICE DISTRICT 113
ELLENSBURG SCHOOL DIST 401

ENUMCLAW SCHOOL DIST

EVERETT PORT OF

EVERETT PUBLICE FACILITIES DIST

EVERGREEN MANOR INC
EVERGREEN SCHOOL DIST 114

FEDERAL WAY FD

FERRY COUNTY

FERRY COUNTY PUBLIC HOSPITAL

FERRY OKAHOGAN FPD

FOSS WATERWAY DEVELOPMENT AUTHORITY

FRANKLIN COUNTY

FRANKLIN COUNTY PUD
#1..
- 50 -
FRANKLIN PIERCE SCHOOL DIST 402

FRIDAY HARBOR PORT OF
GARDENA FARMS IRRIGATION DIST 13

GARFIELD COUNTY

GRAND COULEE PROJECT
GRANDVIEW SCHOOL DIST 116/200
GRANITE FALLS SCHOOL DIST 332

GRANT COUNTY

GRANT COUNTY HEALTH DIST

GRANT COUNTY PUD

GRAYS HARBOR COUNTY

GRAYS HARBOR COUNTY FIRE DIST
GRAYS HARBOR COUNTY PUD # 1

GRAYS HARBOR PORT OF

GRAYS HARBOR PUB DEV AUTH

GRAYS HARBOR TRANSIT
GRIFFIN SCHOOL DIST 324

HARBORVIEW MEDICAL CENTER

HAZEL DELL SEWER DIST

HEALTHY MOTHERS HEALTHY BABIES COAL
HIGHLINE SCHOOL DIST 401

HIGHLINE WATER DIST

HOMESIGHT

HOPELINK
HOQUIAM SCHOOL DIST 28

HOUSING AUTHORITY OF PORTLAND

ILWACO PORT OF
INCHELIUM SCHOOL DIST 70

ISLAND COUNTY

ISLAND COUNTY FIRE DIST

JEFFERSON COUNTY

JEFFERSON COUNTY FIRE DIST

JEFFERSON COUNTY LIBRARY

JEFFERSON COUNTY PUD

JEFFERSON GENERAL HOSPITAL

KARCHER CREEK SEWER DIST
KELSO SCHOOL DIST 458

KENNEWICK GENERAL HOSPITAL
KENNEWICK SCHOOL DISTRICT 17
KENT SCHOOL DIST 415
KETTLE FALLS SCHOOL DIST 212

KING COUNTY

KING COUNTY FIRE DIST

KING COUNTY HOUSING AUTHORITY

KING COUNTY LIBRARY

KING COUNTY WATER SEWER

KINGSTON PORT OF

KITSAP COUNTY FIRE & RESCUE

KITSAP COUNTY LIBRARY
KITSAP COUNTY PUD 1

KITTITAS COUNTY

KITTITAS COUNTY PUD

KITTITAS COUNTY RECLAMATION DIST

KLICKITAT COUNTY

KLICKITAT COUNTY PUD

LAKE CHELAN RECLAMATION DIST
LAKE STEVENS SCHOOL DIST 4
LAKE WASHINGTON SCHOOL DIST 414

LAKEHAVEN UTILITY DIST
LAKEWOOD SCHOOL DIST 306
LEWIS CO PUD 1

LEWIS COUNTY

LEWIS COUNTY FIRE DIST

LEWIS PUBLIC TRANSPORTATION

LIBERTY LAKE SEWER & WATER DIST

LINCOLN COUNTY

LINCOLN COUNTY FIRE DIST

LONGVIEW PORT OF
LONGVIEW SCHOOL DIST 122

LOTT WASTEWATER ALLIANCE

LUMMI INDIAN NATION

MANCHESTER WATER DIST
MARYSVILLE SCHOOL DIST 25

MASON COUNTY FIRE DIST

MASON COUNTY PUD
MEAD SCHOOL DIST 354

METRO PARK DISTRICT OF TACOMA

MID COLUMBIA LIBRARY

MIDWAY SEWER DISTRICT
MONROE SCHOOL DIST 103
MORTON SCHOOL DIST 214

MOSES LAKE PORT OF

MOUNT BAKER SCHOOL DIST
MT VERNON SCHOOL DISTRICT 320
MUKILTEO SCHOOL DIST 6

MUKILTEO WATER DIST

NAVAL STATION EVERETT

NE TRI COUNTY HEALTH DIST

NORTH CENTRAL REGIONAL LIBRARY DIST
NORTH KITSAP SCHOOL DIST 400

NORTH SHORE UTILITY DISTRICT

NORTH THURSTON SCHOOL DISTRICT
NORTHSHORE SCHOOL DIST 417

NORTHWEST KIDNEY CTR

NORTHWEST WORK FORCE DEVELOPMENT CO

NW REGIONAL COUNCIL
OAK HARBOR SCHOOL DIST 201
OAKVILLE SCHOOL DIST 400
OCOSTA SCHOOL DIST 172

OKANOGAN COUNTY

OKANOGAN COUNTY FIRE DIST

OKANOGAN COUNTY PUD

OKANOGAN SCHOOL DISTRICT

OLYMPIA PORT OF
OLYMPIA SCHOOL DISTRICT 111

OLYMPIA THURSTON CHAMBER FOUNDATION

OLYMPIC AREA AGENCY ON AGING

OLYMPIC MEMORIAL HOSPITAL DIST

OLYMPIC REGION CLEAN AIR AGENCY

OLYMPIC VIEW WATER & SEWER DIST

OLYMPUS TERRACE SEWER DIST

PACIFIC COUNTY

PACIFIC COUNTY FIRE

PARATRANSIT SERVICES
#1..
- 51 -

PASCO SCHOOL DIST

PEND OREILLE COUNTY CONSERV DIST

PEND OREILLE COUNTY PUB HOSP DIST

PEND OREILLE COUNTY PUD
PENINSULA SCHOOL DISTRICT 401

PERRY TECHNICAL INSTITUTE

PIERCE COUNTY

PIERCE COUNTY FIRE DIST

PORT ANGELES PORT OF
PORT ANGELES SCHOOL DISTRICT 121

PRESCOTT SCHOOL DIST

PUGET SOUND CLEAN AIR AGENCY

PUGET SOUND SCHOOL DIST

QUINCY COLUMBIA BASIN IRRIG DIST
RICHLAND SCHOOL DIST 400
S KITSAP SCHOOL DISTRICT 402

S SNOHOMISH CO PUBLIC FAC DIST

SAFEPLACE

SAMISH WATER DIST

SAMMAMISH WATER AND SEWER DIST

SAN JUAN COUNTY

SAN JUAN COUNTY FIRE DIST

SEA MAR COMM HEALTH CTR

SEATTLE JEWISH PRIMARY SCHOOL

SEATTLE PORT OF
SEATTLE SCHOOL DIST 1

SEATTLE UNIVERSITY

SECOND AMENDMENT FOUNDATION

SECOND CHANCE INC

SENIOR OPPORTUNITY SERVICES
SHELTON SCHOOL DISTRICT 309

SILVERDALE WATER

SKAGIT COUNTY

SKAGIT COUNTY CONSERVATION DIST

SKAGIT COUNTY FIRE DIST

SKAGIT COUNTY ISLAND HOSPITAL

SKAGIT COUNTY PORT OF
SKAGIT COUNTY PUD 1

SKAGIT TRANSIT

SKAMANIA COUNTY

SKOOKUM INC

SNOHOMISH COUNTY LIBRARY

SNOHOMISH COUNTY PUD

SNOHOMISH HEALTH DISTRICT
SNOHOMISH SCHOOL DISTRICT 201
SOAP LAKE SCHOOL DISTRICT 156

SOOS CREEK WATER AND SEWER DIST

SOUND TRANSIT

SOUTH COLUMBIA BASIN IRRIG DIST

SOUTH EAST EFFECTIVE DEVELOPMENT

SOUTH SOUND MENTAL HEALTH SERVICES

SOUTHWEST YOUTH & FAMILY SERVICES

SPECIAL MOBILITY SERVICES INC

SPOKANE CO AIR POLLUTION CNTRL AUTHORITY

SPOKANE COUNTY FIRE DIST

SPOKANE COUNTY LIBRARY
SPOKANE SCHOOL DISTRICT 81

ST JOSEPH/MARQUETTE SCHOOL
STANWOOD SCHOOL DIST 410

STEVENS COUNTY

STEVENS COUNTY PUD

STILLAGUAMISH TRIBE OF INDIANS
SUMNER SCHOOL DISTRICT 320

SUNNYSIDE PORT OF
SUNNYSIDE SCHOOL DISTRICT 201

SUQUAMISH TRIBE

SW CLEAN AIR AGENCY

SWINOMISH TRIBE

TACOMA DAY CHILD CARE AND PRESCHOOL

TACOMA MUSICAL PLAYHOUSE

TACOMA PORT OF
TACOMA SCHOOL DISTRICT 10

TACOMA-PIERCE CO
TAHOMA SCHOOL DISTRICT 409

TERRACE HEIGHTS SEWER DISTRICT

THURSTON COMMUNITY TELEVISION

THURSTON COUNTY

THURSTON COUNTY CONSERVATION DIST

THURSTON COUNTY FIRE DISTRICT
TOPPENISH SCHOOL DISTRICT 202
TOUCHET SD 300

TRIUMPH TREATMENT SERVICES
TUKWILA SCHOOL DIST 406
TUMWATER SCHOOL DISTRICT 33

U S DEPARTMENT OF TRANSPORTATION

UNITED WAY OF KING COUNTY

UNIVERSITY PLACE SCHOOL DIST

UPPER SKAGIT INDIAN TRIBE

VAL VUE SEWER DISTRICT

VALLEY TRANSIT

VALLEY WATER DISTRICT

VANCOUVER PORT OF
VANCOUVER SCHOOL DISTRICT 37
VASHON ISLAND SCHOOL DISTRICT 402

VERA IRRIGATION

VETERANS ADMINISTRATION

VOLUNTEERS OF AMERICA

WA ASSOC OF SCHOOL ADMINISTRATORS

WA ASSOC SHERIFFS & POLICE CHIEFS

WA GOVERNMENTAL ENTITY POOL

WA LABOR COUNCIL AFL-CIO

WA PUBLIC PORTS ASSOCIATION

WA RESEARCH COUNCIL

WA ST ASSOCIATION OF COUNTIES

WA STATE PUBLIC STADIUM AUTHORITY

WAHKIAKUM COUNTY

WALLA WALLA COLLEGE

WALLA WALLA COUNTY

WALLA WALLA COUNTY FIRE DISTRICT

WALLA WALLA PORT OF
WALLA WALLA SD 140

WASHINGTON ASSOCIATION

WASHINGTON COUNTIES RISK POOL

WASHINGTON FIRE COMMISSIONERS ASSOC
#1..
- 52 -

WASHINGTON HEALTH CARE ASSOCIATION

WASHINGTON PUBLIC AFFAIRS NETWORK

WASHINGTON STATE MIGRANT COUNCIL
WEST VALLEY SCHOOL DISTRICT 208
WEST VALLEY SCHOOL DISTRICT 363

WESTERN FOUNDATION THE

WHATCOM CONSERVATION DIST

WHATCOM COUNTY

WHATCOM COUNTY FIRE DISTRICT

WHATCOM COUNTY RURAL LIBRARY DIST

WHIDBEY GENERAL HOSPITAL

WHITMAN COUNTY

WHITWORTH WATER

WILLAPA COUNSELING CENTER
WILLAPA VALLEY SCHOOL DISTRICT 160

WILLAPA VALLEY WATER DISTRICT
WINLOCK SCHOOL DISTRICT 232

WOODINVILLE FIRE & LIFE SAFETY DIST

WOODLAND PORT OF

YAKIMA COUNTY

YAKIMA COUNTY FIRE DISTRICT

YAKIMA COUNTY REGIONAL LIBRARY
YAKIMA SCHOOL DISTRICT 7

YAKIMA VALLEY FARMWORKERS CLINIC

YAKIMA-TIETON IRRIGATION DISTRICT

YELM COMMUNITY SCHOOL DISTRICT

YMCA - TACOMA PIERCE COUNTY

YMCA OF GREATER SEATTLE
*Washington State cities and other unnamed
Washington State local and municipal agencies may
also utilize the resulting Master Price Agreement;
provided they enter into the Intergovernmental
Cooperative Purchasing Agreement.
#1..
- 53 -

ATTACHMENT H

LOCAL GOVERNMENT UNITS BY STATE
Oregon’s Incorporated Cities

ADAIR VILLAGE
ADAMS
ADRIAN
ALBANY
AMITY

ANTELOPE

ARLINGTON

ASHLAND

ASTORIA
ATHENA

AUMSVILLE
AURORA

BAKER CITY
BANDON
BANKS
BARLOW

BAY CITY

BEAVERTON
BEND

BOARDMAN

BONANZA

BROOKINGS

BROWNSVILLE
BURNS

BUTTE FALLS
CANBY

CANNON BEACH

CANYON CITY

CANYONVILLE

CARLTON

CASCADE LOCKS

CAVE JUNCTION

CENTRAL POINT

CHILOQUIN

CLATSKANIE
COBURG

COLUMBIA CITY
CONDON

COOSBAY

COQUILLE

CORNELIUS

CORVALLIS

COTTAGE GROVE
COVE

CRESWELL
CULVER
DALLAS

DAMASCAS
DAYTON

DAYVILLE

DEPOE BAY

DETROIT
DONALD
DRAIN
DUFUR
DUNDEE

DUNES CITY
DURHAM

EAGLE POINT
ECHO
ELGIN
ELKTON

ENTERPRISE

ESTACADA
EUGENE

FAIRVIEW

FALLS CITY

FLORENCE

FOREST GROVE
FOSSIL

GARBALDI
GASTON
GATES

GEARHART

GERVAIS

GLADSTONE

GLENDALE

GOLD BEACH

GOLD HILL

GRANITE

GRANTS PASS

GRASS VALLEY

GREENHORN

GRESHAM
HAINES

HALFWAY
HALSEY

HAPPY VALLEY

HARRISBURG
HELIX

HEPPNER

HERMISTON

HILLSBORO
HINES

HOOD RIVER

HUBBARD

HUNTINGTON
IDANHA
IMBLER

INDEPENDENCE
IONE

IRRIGON

ISLAND CITY

JACKSONVILLE

JEFFERSON

JOHN DAY

JOHNSON CITY

JORDAN VALLEY
JOSEPH

JUNCTION CITY
KEIZER

KING CITY

KLAMATH FALLS

LA GRANDE
LAPINE

LAFAYETTE

LAKE OSWEGO

LAKESIDE

LAKEVIEW

LEBANON

LEXINGTON

LINCOLN CITY

LONEROCK

LONG CREEK

LOSTINE
LOWELL
LYONS
MADRAS
MALIN

MANZANITA
MAUPIN

MAYWOOD PARK

MCMINNVILLE

MEDFORD

MERRILL

METOLIUS

MILLCITY

MILLERSBURG
MILTONFREEWATER

MILWAUKIE

MITCHELL

MOLALLA

MONMOUTH
MONROE

MONUMENT
MORO
MOSIER

MT ANGEL

MT VERNON

MYRTLE CREEK

MYRTLE POINT

NEHALEM

NEWBERG

NEWPORT

NORTH BEND

NORTH PLAINS

NORTH POWDER
NYSSA

OAKLAND

OAKRIDGE

ONTARIO

OREGON CITY

PAISLEY

PENDLETON

PHILOMATH

PHOENIX

PILOT ROCK

PORT ORFORD

PORTLAND
POWERS

PRAIRIE CITY

PRESCOTT

PRINEVILLE

RAINIER

REDMOND

REEDSPORT

RICHLAND
RIDDLE

RIVERGROVE

ROCKAWAY
BEACH

ROGUE RIVER

ROSEBURG
RUFUS
SALEM
SANDY

SCAPPOUSE
SCIO

SCOTT MILLS

SEASIDE
SENECA

SHADY COVE

SHANIKO

SHERIDAN

SHERWOOD
SILETZ

SILVERTON

SISTERS

SODAVILLE
SPRAY

SPRINGFIELD

ST HELENS

ST PAUL

STANFIELD

STAYTON

SUBLIMITY

SUMMERVILLE

SUMPTER

SUTHERLIN

SWEET HOME
TALENT

TANGENT

THE DALLES
TIGARD

TILLAMOOK
TOLEDO

TROUTDALE

TUALATIN
TURNER
UKIAH

UMATILLA
UNION
UNITY
VALE
VENETA

VERNONIA

WALDPORT

WALLOWA

WARRENTON
WASCO

WATERLOO

WESTLINN

WESTFIR
WESTON

WHEELER

WILLAMINA

WILSONVILLE

WINSTON

WOOD VILLAGE

WOODBURN

YACHATS

YAMHILL

YONCALLA
This may not be a
complete list of all
Oregon cities, but all
other Oregon cities
shall be incorporated
by this reference.
#1..
- 54 -
Hawaii’s Counties
Hawaii Honolulu Kalawao Kaua’i Maui
#1..
- 55 -
#1..
- 56 -
#1..
- 57 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 13, 2023
Date: February 23, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: First Amendment for On-Call Vegetation Management Services with West Coast Arborists, Inc.

CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the agreement, for a year two total of $600,000, and for a total revised estimated amount not to exceed $1,600,000 over the term of the agreement and forwarding to Council for approval. (Funding Source: Tuolumne River Regional Park Operations Fund, Measure H) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

In 2020, the Parks, Recreation and Neighborhoods Department, working in conjunction with other departments, identified a citywide need to establish a comprehensive on-call vegetation management agreement with a professional service provider. The establishment of On-Call Vegetation Management Services Agreements enables the City to better manage vegetation throughout the park system, increase efficiency in response to weather related damage, reduce the risks of vegetation fires and increase public safety throughout the City.

On September 28, 2021, by Resolution 2021-379, Council approved the award of bid to West Coast Arborists, Inc., of Anaheim, CA as the primary contractor for the furnishing of On-Call Vegetation Management Services for an estimated annual amount of $250,000, a total amount not to exceed $1,250,000 over five-years.
#2..
- 58 -
Safety and Communities Committee, February 13, 2023
First Amendment for On-Call Vegetation Management Services with West Coast Arborists, Inc.

DISCUSSION:

Since the approval of the agreement, two key factors have changed that have resulted in an increase in available funding for on-call vegetation management.

On February 12, 2023, per Council Resolution 2023-62, Council approved an initial spending plan related to Measure H for fiscal year 2022-2023. From this initial spending plan, $70,000, was allocated for tree trimming at various parks throughout the City.

On February 8, 2023, the Tuolumne River Regional Park (TRRP) Joint Powers Authority Commission approved the TRRP Project Funding Plan, including approximately $280,000 for vegetation management in TRRP.

As a result, staff requests a one-time increase of $350,000 to year two of the current agreement with West Coast Arborists, Inc. for On-Call Vegetation Management Services. The addition of $350,000 will increase year two of the agreement to $600,000 and will increase the five-year total for the agreement to a new not to exceed amount of $1,600,000.

FISCAL IMPACT:

The one-time increase of $350,000 to the agreement will be funded by a combination of existing funds available in the Tuolumne River Regional Park Operations Fund and the remainder will be supported with Measure H funds.

As needed, vegetation management services will be procured through this contract. No additional funding beyond what is currently budgeted is requested at this time.

CEQA/NEPA REQUIREMENTS:

Staff has prepared a Statement of Categorical Exemption No. EA/PRN 2021-02 for On-Call Vegetation Management Services. The project is exempt from CEQA due to the fact that it is maintenance of existing landscape and native growth.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the agreement for a year two total of $600,000, and for a total revised estimated amount not to exceed $1,600,000 over the term of the agreement and forwarding to Council for approval.

Approved by:

Laurie A. Smith, Director
Parks, Recreation & Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment to the West Coast Arborists, Inc. Agreement

2. Original Agreement with West Coast Arborists, Inc.
#2..
- 59 -
1 FIRST AMENDMENT TO ANNUAL AGREEMENT FOR ON-CALL VEGETATION

MANAGEMENT SERVICES
THIS FIRST AMENDMENT to the ANNUAL AGREEMENT FOR ON-CALL VEGETATION MANAGEMENT SERVICES (“FIRST AMENDMENT”), made and entered into in the City of Modesto, County of Stanislaus, State of California, this _____ day of , 2023, by and between the CITY OF MODESTO, a
municipal corporation of the State of California ("CITY") and WEST COAST ARBORISTS, INC., Anaheim, CA, hereinafter collectively referred to as "CONTRACTOR".

This FIRST AMENDMENT to AGREEMENT is made with reference to the following recitals:

A. An Annual Agreement for On-Call Vegetation Management Services (“AGREEMENT”) was entered into by and between CITY and CONTRACTOR on the 28TH day of September 2021.

B. CITY and CONTRACTOR desire to amend the provision of the AGREEMENT to increase the annual total maximum compensation for year two from $250,000 to $600,000 and a total not to exceed amount of $1,600,000, to cover additional landscaping.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. The first sentence of Section 1 (f), “Scope of Work” of the Agreement is deleted and replaced in its entirety to read as follows:
“CONTRACTOR shall furnish said services at the following agreement rates, estimated amount of $250,000 annually, except in year two which will be at the estimated amount of $600,000, for a total not to exceed $1,600,000 over five-years.

2. Except as modified and amended by this FIRST AMENDMENT, all other provisions of the #2..
- 60 -
2 AGREEMENT, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY, a Municipal Corporation, has authorized the execution of this FIRST AMENDMENT to AGREEMENT by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2023, and WEST COAST AROBORISTS, INC., has caused this First Amendment to Agreement to be duly executed.
#2..
- 61 -

AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.

The attached agreement is the final version approved through the under $50,000 Unity Workflow review and pulled from Unity for routing via DocuSign.

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D X
Valerie Fabela
On-Call Vegetation Management Services Contract Award
X
Finance/PRN
X
09/28/2021
West Coast Arborist, Inc.
75369
X
X
Alex Mog
#2..
- 62 -
1 ANNUAL AGREEMENT
WEST COAST ARBORIST INC.

FOR ON-CALL VEGETATION MANAGEMENT SERVICES
This Agreement, made and entered into in the City of Modesto, State of California, This 28TH day of September, 2021, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and West Coast Arborists, Inc. hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2021- authorizing the award of bid and agreement for the ON-CALL VEGETATION MANAGEMENT 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 ON-CALL VEGETATION MANAGEMENT SERVICES as described in RFB PPD20-07RB, 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 “B”, and in strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following agreement rates, estimated amount of $250,000 annually and a total amount not to exceed $1,250,000 over five-years.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D 379
#2..
- 63 -
2 AGREEMENT PRICING

ITEM DESCRIPTION UNIT OF
ISSUE
Payment of Prevailing Wages
Required

UNIT PRICE
1 Hourly Rate Tree Trimming Climber HOUR $95.00____
2 Hourly Rate Tree Trimming Ground Level HOUR $95.00
3 Hourly Rate General HOUR $95.00
4 Hourly Rate Herbicide Application HOUR $95.00
5 Certified Equipment Operator HOUR $95.00
6 Chain Link Fencing, Temporary Tree
Protection Installed LF $20.00
7 Snow Fencing with T-Stakes, Temporary
Tree Protection Installed LF $10.00
8 Tree Removal (dia. <12”) EA $200.00
9 Tree Removal (dia. 12” – 24”) EA $600.00
10 Tree Removal (dia. 24” – 36”) EA $1,500.00
11 Tree Removal (dia. 36” – 48”) EA $2,400.00
12 Tree Removal (dia. 48” – 60”) EA $2,400.00
13 Tree Removal (dia. >60”) EA $2,400.00
14 Tree Stump Grinding (dia. <12”) EA $200.00
15 Tree Stump Grinding (dia. 12” – 24”) EA $400.00
16 Tree Stump Grinding (dia. 24” – 36”) EA $600.00
17 Tree Stump Grinding (dia. 36” – 48”) EA $800.00
18 Tree Stump Grinding (dia. 48” – 60”) EA $800.00
19 Tree Stump Grinding (dia. >60”) EA $800.00
20 Wood Debris Chipping HOUR $190.00
21 Haul-Off Disposal HOUR $95.00
22 Green Waste 30-Yard Bin w/Haul-Off
Disposal EA $250.00
23 Brush Grinding HOUR $200.00
24 Field Mowing ACRE $200.00
25 Field Disking ACRE $200.00
26 Arborist Tree Evaluation (1) Single Tree EA $500.00
27 Arborist Tree Evaluation (5-9) Total Trees EA $400.00 DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 64 -
3 28
Arborist Tree Evaluation (10-19) Total
Trees EA $300.00
29 Arborist Tree Evaluation (20+) Total Trees EA $200.00 ADDITIONAL SERVICE(S):
30 Emergency Response Service – Fixed Rate EA $600.00
31 Overtime Rate – Emergency Service work HOUR $150.00
32 Double-time Rate – Emergency Service work HOUR $175.00

2. PREVAILING WAGES:

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

DIR Project ID#: 385715

3. CITY REPRESENTATIVE:

City Representative: Nathan Houx, Parks Planning and Development Manager, (209)571-5526 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. TERM OF AGREEMENT:

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

Year 1: October 5, 2021 through October 4, 2022
Year 2: October 5, 2022 through October 4, 2023
Year 3: October 5, 2023 through October 4, 2024
Year 4: October 5, 2024 through October 4, 2025
Year 5: October 5, 2025 through October 4, 2026
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 65 -
4 through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and a $2,000,000 aggregate. 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.

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

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 66 -
5 The CONTRACTOR’S insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.

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

6. PAYMENT:

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

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 Reference Annual Agreement #: 207810
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Service Location
 Unit price, extended price, sales tax and total

7. INDEMNITY:

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

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 67 -
6 CONTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this agreement for CONTRACTOR to procure and maintain a policy of insurance.

8. ARBITRATION:

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

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

11. TERMINATION OF SERVICES:

Termination by CITY for Default of CONTRACTOR
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 68 -
7 Should CONTRACTOR default in the performance of this agreement or materially breach any of its provisions, at its option, CITY may terminate this agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONTRACTOR, dishonesty or theft.

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

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 DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 69 -
8 work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

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

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

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 70 -
9 12. 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.

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Exhibit “A” Resolution No. 2021-_______;
b. Exhibit “B” Bid Submittal;
c. Exhibit “C” RFB PPD20-07RB
d. Insurance Certificates,
e. 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.

14. NOTICES:

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

CONTRACTOR: Patrick Mahoney
West Coast Arborists, Inc.
3625 E. Stevenson Avenue
Stockton, CA 95205
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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D 379
#2..
- 71 -
10 15. SIGNATOR (IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

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

20. ENTIRE AGREEMENT:

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

21. PARTIAL INVALIDITY:

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

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 72 -
11 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. 2021-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2021 and _____________________has caused this agreement to be duly executed.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D September West Coast Arborist
379 28th
#2..
- 73 -
Exhibit B
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 74 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 75 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 76 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 77 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 78 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 79 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 80 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 81 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 82 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 83 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 84 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 85 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 86 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 87 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 88 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 89 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 90 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 91 -
1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB
FOR

ON-CALL VEGETATION MANAGEMENT SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: JUNE 29, 2021 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5406
Exhibit C
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 92 -
2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

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 FORMS
. 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 . General Specifications ................................................................................................ 20-22 . Contractor Responsibilities ......................................................................................... 22-25 . Required Licenses ............................................................................................................. 27 . Insurance ..................................................................................................................... 27-28

GENERAL REQUIREMENTS
. Bid Submittal .................................................................................................................... 29 . Acceptance/Rejection of Irregular Bids ........................................................................... 29 . Complete Bid Document .................................................................................................. 29 . Compliance/Non-Compliance .......................................................................................... 30 . Prevailing Wages .............................................................................................................. 30 . Pricing Format................................................................................................................... 30 . Pricing Schedule ............................................................................................................... 30 . Award of Bid ............................................................................................................... 30-31 . Term of Agreement ........................................................................................................... 31 . Termination of Services .............................................................................................. 31-32 . Quantities .......................................................................................................................... 32 . Funding ............................................................................................................................. 32 . Other Government/Publicly Funded Agencies ................................................................. 32 . Protest and Appeal Procedures ................................................................................... 34-37 . Payment ............................................................................................................................. 38 . Sample Annual Agreement ........................................................................................ 39-49 DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 93 -
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 On-Call Vegetation Management Services for the City of Modesto, Parks, Recreation and Neighborhoods Department.

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, June 29, 2021 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 PPD20-07RB

ON-CALL VEGETATION MANAGEMENT SERVICES
BID OPENING DATE: JUNE 29, 2021 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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 94 -
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 8, 2021
Written Questions Due June 15, 2021
Addendum Issued (if required) June 22, 2021 (approximate date) Bid Opening PRIOR 11:00 A.M. on Tuesday, June 29, 2021
Bid Award Approximately October 2021
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded an agreement they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. (a) A contractor or 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 agreement 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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 95 -
5 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT 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, June 29, 2021. The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, June 29, 2021.

The public bid opening for RFB PPD20-07RB, On-Call Vegetation Management 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

OR

JOIN BY PHONE
+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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 96 -
6 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT SERVICES

SUBMITTAL CHECKLIST

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

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

COMPLETE BID Page No.
. Bid Acknowledgement (Signature Form) ........................................................................ 7 . Pricing Schedule (Signature Form) ............................................................................. 8-10 . 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 DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 97 -
7 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT 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:

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 98 -
8 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT 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 11.

The “Estimated Quantity” shown below is provided as an example of services to be requested for bidding purposes only and does not guarantee a quantity of services to be paid. During the agreement period, at any time, the City reserves the right to increase or decrease the quantity of services paid at its discretion.

ESTIMATED 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

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
LABOR:
1 Hourly Rate Tree Trimming Climber 240 HOUR $________ $________________ 2 Hourly Rate Tree Trimming Ground Level 160 HOUR $________ $ 3 Hourly Rate General 160 HOUR $________ $________________ 4 Hourly Rate Herbicide Application 60 HOUR $________ $________________ 5 Certified Equipment Operator 40 HOUR $________ $________________ TREE/STUMP REMOVAL:
6 Chain Link Fencing, Temporary Tree
Protection Installed 500 LF $________ $________________ 7 Snow Fencing with T-Stakes, Temporary
Tree Protection Installed 500 LF $________ $________________ 8 Tree Removal (dia. <12”) 5 EA $________ $________________ 9 Tree Removal (dia. 12” – 24”) 5 EA $________ $________________ 10 Tree Removal (dia. 24” – 36”) 15 EA $________ $________________ 11 Tree Removal (dia. 36” – 48”) 10 EA $________ $________________ 12 Tree Removal (dia. 48” – 60”) 5 EA $________ $________________ 13 Tree Removal (dia. >60”) 3 EA $________ $________________ 14 Tree Stump Grinding (dia. <12”) 5 EA $________ $________________ 15 Tree Stump Grinding (dia. 12” – 24”) 5 EA $________ $________________ DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 99 -
9 16 Tree Stump Grinding (dia. 24” – 36”) 15 EA $________ $________________ 17 Tree Stump Grinding (dia. 36” – 48”) 10 EA $________ $________________ 18 Tree Stump Grinding (dia. 48” – 60”) 5 EA $________ $________________ 19 Tree Stump Grinding (dia. >60”) 3 EA $________ $________________ MATERIAL HANDLING:
20 Wood Debris Chipping 120 HOUR $________ $________________ 21 Haul-Off Disposal 120 HOUR $________ $________________ 22 Green Waste 30-Yard Bin w/Haul-Off
Disposal 10 EA $________ $________________
BRUSH/FIELD MANAGEMENT:
23 Brush Grinding 20 HOUR $________ $__________________ 24 Field Mowing 10 ACRE $________ $________________
25 Field Disking 10 ACRE $________ $________________
ARBORIST EVALUATIONS (Cost Per Tree):
26 Arborist Tree Evaluation (1) Single Tree 5 EA $________ $________________ 27 Arborist Tree Evaluation (5-9) Total Trees 15 EA $________ $________________ 28 Arborist Tree Evaluation (10-19) Total Trees 40 EA $________ $________________ 29 Arborist Tree Evaluation (20+) Total Trees 100 EA $________ $________________ ESTIMATED GRAND TOTAL: $________________
ADDITIONAL SERVICE(S):
30 Emergency Response Service – Fixed Fee 5 EA $ $______________________ 31 Overtime Rate – Emergency Service Work 16 HOUR $ $______________________ 32 Double Time Rate – Emergency Service Work 4 HOUR $ $______________________ DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 100 -
10 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT SERVICES

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

Contractor License No. __________ Expiration Date: __________ Contractor shall have at a minimum an active Contractor’s License with Classification C-61/D-49, or C-27 Pesticide Applicators License No. ___________________________ Expiration Date: _________________ Stated pricing is subject to (______ %) cash discount if invoice is paid within ______ days after acceptance of service.

THE PAYMENT OF PREVAILING WAGES IS REQUIRED FOR ALL MAINTENANCE SERVICES.

A City Business License is not required at the time of the bid, however, please note the Business License No. if bidder should already have one. (See Section 1.12 for further details) Does bidder accept the City’s E-pay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.25 Payment.

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

Company Name (Bidder):

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

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 101 -
11 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT SERVICES

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response.

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 102 -
12 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT 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 $
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 103 -
13 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT 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):

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 104 -
14 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT 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
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 105 -
15 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT SERVICES

FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name, on page 15.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.

2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete.

By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both.

Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

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

COMPANY NAME: ____________________________________________________

__________________________________
APPLICANT’S NAME (SIGNATURE):

__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
DATE: ____________________________
Applicable Names: (if any, use page 15)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 106 -
16 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT SERVICES

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

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 107 -
17 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT 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:

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 108 -
18 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT 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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 109 -
19 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT SERVICES

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

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

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

LIST ALL ADDENDA NUMBERS: _____________________________________________________ Company Name (Bidder):

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 110 -
20 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto, Parks, Recreation and Neighborhoods Department are seeking a qualified contractor for the furnishing of On-Call Vegetation Management Services for the management of green organic waste for various locations throughout the City of Modesto on an “as needed” basis throughout the year.

The successful contractor shall submit pricing for hourly labor, tree removal, stump grinding, tree trimming, material handling, brush and field management, arborist evaluations and additional services with reasonable access to conduct work. Shall access be determined by the City to have limited accessibility, alternative accommodations will be provided. Pricing shall include all labor, materials, equipment, tools, fuel, and insurance necessary to do the work listed.

1.2 GENERAL SPECIFICATIONS:

HOURLY LABOR RATE REQUIREMENTS:

The successful contractor rates shall include all equipment, fuel, mileage and vehicles used to conduct work, full compensation to be paid for labor hours worked. All work shall be done per the International Society of Arboriculture (ISA) tree protection and pruning requirements. https://www.isa-arbor.com/ A. Hourly Rate Tree Trimming, Climber (Bid Line Item #1): A laborer trained and skilled in tree trimming work. A person whom primarily works from an elevated position such as a bucket-lift, or a tree climber, commonly with use of small power tools such as a chainsaw.

B. Hourly Rate Tree Trimming, Ground Level (Bid Line Item #2): A laborer trained and skilled in tree trimming work. A person whom primarily works from a non-elevated position, at ground level, commonly with use of hand tool or small power tools such as pruners or a chainsaw.

C. Hourly Rate General (Bid Line Item #3): A laborer whom works on general tasks such as debris chipping, clean-up, or driving.

D. Hourly Rate Herbicide Application (Bid Line Item #4): A laborer trained and skilled in the application of herbicide. Pesticide applicators license required.

E. Certified Equipment Operator (Bid Line Item #5): A laborer whom is trained and skilled in driving light duty or heavy machinery such as a skid-steer, front loader, backhoe, stump grinder and chip truck.

TREE/STUMP REMOVAL REQUIREMENTS:

The successful contractor shall install temporary fencing to protect vegetation, endangered species and trees that are located in the surrounding area of work being performed. The contractor to install 8.5” x 11” laminated/waterproof signage at minimum every 8’ linear feet. Signage to state; “Vegetation Protect Area, Please Keep Out”. All trees or vegetation to be retained shall be temporarily fenced with temporary 6’ rigid chain link construction fence or temporary 4’ orange snow fencing at the dripline of tree or vegetation to remain, as determined by the City. Locations of trees or vegetation to remain shall be marked on-site or identified in writing by City Representative.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 111 -
21 F. Chain Link Fencing Temporary Tree Protection Installed (Bid Line Item #6): Contractor to install a temporary rigid 6’chain link fence. The chain link construction fence shall be installed as deemed necessary by the City Representative. The temporary construction fencing shall be in good condition, staked into ground wherever possible, and installed with a top tension wire. The fence posts shall be two-inch (2”) diameter galvanized steel. The fence fabric shall be 11-gauge, with knuckled barbs on the top edges. Temporary chain link fencing to be removed immediately once work is complete.

G. Snow Fencing with T-Stakes Temporary Tree Protection Installed (Bid Line Item #7): Contractor to install a temporary 4’ orange snow fence. The orange snow fencing shall be installed as deemed necessary by the City Representative. The snow fencing shall be in new or very good condition, attached to 6’ long metal t-stakes driven 24” into the soil. Attachment should be done with heavy duty black zip-ties, at least three zip-ties per post. T-stake post shall have a maximum spacing of 8’.

Temporary orange snow fencing to be removed immediately once tree trimming or removal work is completed.

The Contractor shall cut tree stumps within 6” of finished grade. Full compensation for price to be paid per each tree removed.

H. Tree Removal (Bid Line Items #8-#13): Contractor to completely remove and legally dispose of trees off-site with the trunk from less than 12” to greater than 60” at breast height (DBH). In the case of a multi-trunk specimen the communitive diameter of all trunks at (DBH) should be used.

The Contractor shall grind an existing tree stump measured at 6” above the existing grade and backfilled with soil or chipping materials to completely fill the void and make flush with surrounding grade. Stump shall be ground to below grade and work shall include site material clean-up and debris haul-off.

I. Tree Stump Grinding (Bid Line Items #14-#19): Contractor to complete grinding of an existing tree stump.

MATERIAL HANDLING REQUIREMENTS:

J. Wood Debris Chipping (Bid Line Item #20): The Contractor to complete chipping of woody green waste materials to be stockpiled in place on-site for future use as chipped mulch material. Chipped material pieces not to exceed 6” in length. Piles of debris and logs will vary in size due to variable site conditions. Debris to be chipped not to exceed 12” in diameter.

K. Haul-Off Disposal (Bid Line Item #21): The Contractor to complete loading and haul-off of woody green waste materials which are designated to be removed and legally disposed of off-site. Any incurred debris haul-off dump fees paid by Contractor to be reimbursed at disposal invoice cost, plus 10%.

L. Green Waste 30-Yard Bin, w/Haul-Off Disposal (Bid Line Item #22): The Contractor to delivery an empty 30-yard green waste bin to a project site for use to fill with green waste materials of various sizes and density by others. The contractor to removal and legal disposal of, off-site, green waste materials placed in bin. Any incurred debris haul-off dumps fees paid by Contractor to be reimbursed at disposal invoice cost, plus 10%.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 112 -
22 BRUSH/FIELD MANAGEMENT REQUIREMENTS:

M. Brush Grinding (Bid Line Item #23): The Contractor to grind down shrubbery, and sapling trees (less than 2” DBH) to within 2” of finish grade. Removal of roots is not required.

The Contractor shall take care to protect all native trees and shrubs from damage. On each occurrence total area to be field mowed and field disking shall be greater than one (1) acre.

N. Field Mowing (Bid Line Item #24): The Contractor, with use of mechanical equipment, to weed-eat and/or mow down grassland to within 3” of finish grade. The City anticipates 10% or less of the task to consist of weed-eating.

O. Field Disking (Bid Line Item #25): The Contractor, with use of mechanical equipment, to disc grassland in areas identified by City to create fire breaks and/or till soil to overall reduce fire risk.

ARBORIST EVALUATION REQUIREMENTS:

P. Arborist Evaluation (Bid Line Items #26-#29): The Contractor to complete a written professional arborist evaluation report providing at minimum a tree’s current health status, recommendations for any actions which should be taken to improve a trees health, including any necessary trimming to improve safety, estimated number of healthy years likely remaining in the tree’s life and if the tree could jeopardize any capital investments such as playgrounds, buildings, sidewalks, roads, fencing, lighting, personal property or other installed City infrastructure.

ADDITIONAL SERVICES:

Q. Emergency Response Service – Fixed Rate (Bid Line Item #30): Upon the City’s written request for Emergency Response Service, the Contractor shall begin Emergency Response Service work within (24) hours of written request provided by the City. The Contractor shall promptly remedy any immediate safety hazards or concerns presented to the Contractor by the City, full compensation to be paid for each occurrence the City requests Emergency Response Service work. The fixed rate shall be paid in addition to the unit price paid on Bid Line Items #1-#25, #31, #32.

R. Overtime Rate – Emergency Service Work (Bid Line Item #31): Rate per labor hour worked by any Contractor employee identified on Bid Line Items #1-#5 whom is specifically directed by the City to work more than (8) hours per work day, (40) hours within a work week, or (6) consecutive days within a work week. As part of the City’s request for Emergency Response Services work, full compensation to be paid for labor hours worked. Overtime Rate shall override rates listed for Bid Line Items #1-#5.

S. Double Time Rate - Emergency Service Work (Bid Line Item #32): Rate per labor hour worked by any Contractor employee identified on Bid Line Items #1-#5 whom is specifically directed by the City to work more than (12) hours per work day, or (8) hours on the seventh consecutive work day within a work week, or any hour on a Federal listed holiday. As part of the City’s request for Emergency Response Services work, full compensation to be paid for labor hours worked. Double Time Rate shall override rates listed for Bid Line Items #1-#5.

1.3 CONTRACTOR RESPONSIBILITIES:

A. 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 DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 113 -
23 therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work.

The Contractor shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts or materials, before final acceptance, and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.

B. Project Delays: 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.

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

D. The Contractor shall be responsible for any damage his/her activities cause to adjacent public or private property. The Contractor shall be responsible to correct any damage done as the result of their work at the Contractor’s solo expense. The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.

E. Site Inspection: Prior to all work, the Contractor shall carefully inspect the entire site and all objects required to be removed. Locate all existing active utility lines traversing the project and site; and determine the requirements for their protection.

F. Underground Service Alert: As necessary, Contractor to evaluate and obtain an Underground Service Alert prior to start of work. Call number #811.

G. Damages Resulting from Work Activity: 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 tree trimming or vegetation management activities. Contractor shall repair any landscape, soft-scape or hard-scape area damaged during the course of the tree trimming and/or vegetation management work.

Prevent movement and settlement of adjacent structures. Install temporary barriers, fences, bracing, planking, barricades, lights, warning signs and other protections required to protect structures, utilities, landscaping and other items that are to remain in place.

H. Equipment: Contractor must be experienced and certified to either own or have immediate access to equipment necessary to do complete all of tree trimming and vegetation management duties indicated.

I. Green and Organic Waste Disposal:

1. Per the State of California regulations SB1383 (https://www.calrecycle.ca.gov/climate/slcp) and AB901 (https://www.calrecycle.ca.gov/laws/rulemaking/archive/2019/ab901reporting) cities and businesses must comply with mandated organic recycling and material reporting (tonnages) requirements which establish methane emissions reduction targets both locally and statewide. To achieve those reduction targets, organics (yard waste, grass, leaves, brush, leaves, trees and tree trimmings, etc., paper waste and food scraps) must be diverted out of landfills into permitted DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 114 -
24 recycling facilities. In compliance to the regulatory requirements, cities must ensure that all garbage, recycling, landfills and transfer facilities, landscape companies, material haulers, etc. are bound to the law and transfer the organic materials collected within the City of Modesto to a permitted recycling facility.

2. The Contractor shall dispose of all green waste and organic matter collected as part of this Vegetation Management Services Agreement to the City of Modesto Compost Facility located at 7001 Jennings Road, Modesto, CA 95358; contact telephone number (209) 571-5144 – will receive the organic materials (scale in and weigh) and report the collection tonnages to the City’s Solid Waste administrative offices and to Cal-Recycle on a quarterly and annual basis. The Contractor shall provide invoices/receipts to the City’s Parks Planning and Development Division on a monthly basis for Contractor reimbursement, as applicable.

3. The City of Modesto Compost Facility will charge a receiving tip fee – currently (as of October 2020) $30.35 (within city limits) and $60.00 per ton (outside city limits) - to receive and recycle the organics into compost. The Contractor shall respect the rights of property owners and not enter private property without first obtaining permission from the property owner. Some line sections will be located in easements that may be difficult to access and will require the Contractor to enter private property.

J. The Contractor shall keep complete, accurate records of each day’s operation. Records shall show date of work, type work conducted and any other pertinent information. Log sheets shall be submitted with each invoice.

K. 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 work starts until the time the work site is returned to its pre-project condition, including cleanup.

L. 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 area, the City Representative may require immediate action taken and the placement of additional protections.

M. Access and Storage: Prior to commencement of work, the Contractor shall confer with the City for the purposes of determining the exact scope of work. At no time shall materials, soil or equipment be stored or placed within the "dripline" of existing trees to be preserved. At no time shall vehicles be parked within the “dripline” of an existing tree to be preserved.

N. Coordination and Scheduling of Work: All work shall be scheduled and conducted in a cooperative manner in order to give the least possible interference with other work which may be taking place.

O. Stump Grinding: Stumps shall be ground below grade, minimum 12” below grade for stumps up to 24” in diameter, minimum 24” below grade for stumps greater than 24” in diameter.

P. Selective Pruning: Pruning consists of reducing the overall foliage and their branches by no more than 20% to 30% of the total tree canopy in order to trim canopy up for visibility and safety of vehicle and pedestrian traffic. Pruning is to be performed by a method called “drop crotch” pruning which permits the preservation of a natural appearing foliage margin and retains the character of the tree. At no time shall the leader of any tree be pruned or removed. Thinning of trees shall include DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 115 -
25 “safety trim”. This involves the removal of all dead branches over 1-1/2 inches in diameter, the removal of broken branches and the removal of over-burdened or conflicting branches as deemed necessary by the City’s Representative.

Cutting tools and saws shall be kept sharpened to a condition that will permit leaving an unabraised cambium edge on final cuts and bark tracings.

Q. Final Pruning: Cuts shall be made without leaving a stub. They shall be made in a manner to favor the earliest possible covering of the wound by callus growth. This requires that the wound be as small as practicable, the cut be within the shoulder ring area, and that the cambial tissues at the edge of the cut be alive and healthy. Extremely flush cuts that produce large wounds and weaken the tree at the cut cannot be made.

R. 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 area, and shall dispose of all of the materials and debris in a proper legal manner. The work area shall be left clean and neat.

S. Disposal of Materials: All trimmings, stumps, roots, logs, grass clipping or any other form of debris resulting from this work or any work resulting from said operation shall be cleaned up and removed from the site by the Contractor as directed by the City Representative. The Contractor shall certify that any materials and debris removed from the site shall be disposed of in accordance with applicable Federal, State and Local laws, regulations or ordinances.

T. Chemical Spills: Should any chemical spill on the ground, the chemical and affected soil shall be removed and safely and legally disposed of. The area shall be restored to its original condition before the spill. Any damage to the vegetation resulting from misuse or accidental issue of the chemical shall be the responsibility of the Contractor to correct and make whole.

U. Chemical Mixing: Filling of chemical mixing tanks shall be done with an air gap or reduced-pressurezone backflow prevention device, approved by the City prior to use. The Contractor may only draw water from public water supplies when approved in writing by the City.

V. Chemical Reports: The Contractor shall submit chemical “usage reports” reports as required by State law to the Stanislaus County Ag Commissioner.

1.4 CHARACTER OF WORKERS:

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

1.5 LABOR FORCE AND SUPERVISION:

The City requires tree trimming work to be overseen by an ISA Certified Tree Worker / Certified Arborist. 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 agreement is being performed. If, in the judgment of the City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the agreement.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 116 -
26 1.6 DELAYS BY THE CITY:

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

1.7 CITY RESPONSIBILITIES:

A. The City shall provide written direction for work to be performed.

B. The City shall assist the Contractor with entering private lands, public lands or right-of-ways.

1.8 REPORTS:

Upon completion of the work, reports shall accompany the invoice, or whenever requested to by the City, the Contractor shall submit electronic copies of log sheets and reports in Excel or other acceptable database format, which show, as a minimum, the following information:

A. The report date(s)
B. Name of site work was completed
C. The date the work was completed
D. Special conditions found by the Contractor’s crew
E. Any reasons for not completing the work as requested

1.9 WORK SCHEDULE:

Services shall be performed Monday through Friday, between the hours from 7:00 A.M. to 5:00 P.M., excluding all major holidays and furlough days. The Contractor may request alternative working days in writing for City review and consideration of acceptance, such as weekends. Service work outside of normal business hours is not required. Unless accepted by the City in writing prior to conducting work, no additional pay will be provided for alternative working days. The City to provide a minimum three (3) business days notice of any service work to be completed by the Contractor. Once service work is requested by the City, the Contractor shall acknowledge the City’s request within three (3) business days and provide an agreeable service work timeline within seven (7) business days. Service work requested to be completed within an agreed time between the City and Contractor prior to start of work.

No On-Call Vegetation Management Service shall be performed until the City has provided a written “Notice to Proceed” to the Contractor for each on-call service task requested by the City. The Contractor shall have the ability to respond to all emergency service calls within twenty-four (24) hours, seven (7) days per week, including holidays.

1.10 CITY REPRESENTATIVE:

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

1.11 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 agreement 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 DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 117 -
27 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.

Workers must be paid no less than the prevailing wage rate as published by the DIR, and Contractor shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.dir.ca.gov, or call the DIR, Labor Research and Statistics Unit, Prevailing Wage Unit at (415)-703-4774.

1.12 REQUIRED LICENSES:

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

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.

1.13 INSURANCE:

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

A. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and $2,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to:
premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations.

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

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

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 118 -
28 volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, officials, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

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

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

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 agreement.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 119 -
29 REQUEST FOR BID AND SPECIFICATIONS NO. PPD20-07RB

ON-CALL VEGETATION MANAGEMENT SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:

Bidders should submit two (2) “inked” (preferably blue ink) signed original bid document, plus two (2) copies 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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 120 -
30 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. PPD20-07RB, 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, equipment, fuel, tools, 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:

Award shall be based on providing the lowest responsive and responsible bid meeting the RFB specifications.

Agreements may be awarded to more than one company in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. The City may elect to award by line item, by group, or by all items.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 121 -
31 The City reserves the right to decline to award an agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California.

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

2.8 INSPECTION AND ACCEPTANCE:

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

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

2.9 SUPPORT OF LOCAL VENDORS:

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

2.10 TERM OF AGREEMENT:

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

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

B. Price increases for subsequent 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.

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

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 122 -
32 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 contract.

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

2.16 NON-DISCRIMINATION OF THE HANDICAPPED:

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

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 123 -
33 2.17 DRUG FREE WORKPLACE:

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

2.18 INDEMNITY:

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

2.19 ASSIGNMENT OF RIGHTS:

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

2.20 CITY PROCESS/PROCEDURE APPROVALS:

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

2.21 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:

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

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

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

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

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 124 -
34 E. In addition, thereto, the bidder/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order or agreement issued within the time specified in it.

2.22 FAILURE TO PERFORM SATISFACTORY:

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

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

2.24 PROTEST AND APPEAL PROCEDURES:

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

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

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

A. PROTEST PROCEDURES

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

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

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 125 -
35 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.

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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 126 -
36 All protest appeals shall either be delivered to:

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

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

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

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

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

All protests shall either be delivered to:

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

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

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing 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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 127 -
37 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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 128 -
38 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 Epay 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 Epay 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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 129 -
39 SAMPLE ANNUAL AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2021, 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. 2021-xx authorizing the award of bid and agreement for the ON-CALL VEGETATION MANAGEMENT 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 ON-CALL VEGETATION MANAGEMENT SERVICES as described in RFB PPD20-07RB, 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 “B”, and in strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following agreement rates, not to exceed $_________________ annually.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 130 -
40 AGREEMENT PRICING

ITEM DESCRIPTION UNIT OF
ISSUE
Payment of Prevailing Wages
Required

UNIT PRICE
1 Hourly Rate Tree Trimming Climber HOUR $_________________________ 2 Hourly Rate Tree Trimming Ground Level HOUR $_________________________ 3 Hourly Rate General HOUR $_________________________
4 Hourly Rate Herbicide Application HOUR $_________________________ 5 Certified Equipment Operator HOUR $_________________________ 6 Chain Link Fencing, Temporary Tree
Protection Installed LF $_________________________
7 Snow Fencing with T-Stakes, Temporary
Tree Protection Installed LF $_________________________ 8 Tree Removal (dia. <12”) EA $_________________________ 9 Tree Removal (dia. 12” – 24”) EA $_________________________ 10 Tree Removal (dia. 24” – 36”) EA $_________________________ 11 Tree Removal (dia. 36” – 48”) EA $_________________________ 12 Tree Removal (dia. 48” – 60”) EA $_________________________ 13 Tree Removal (dia. >60”) EA $_________________________ 14 Tree Stump Grinding (dia. <12”) EA $_________________________ 15 Tree Stump Grinding (dia. 12” – 24”) EA $_________________________ 16 Tree Stump Grinding (dia. 24” – 36”) EA $_________________________ 17 Tree Stump Grinding (dia. 36” – 48”) EA $_________________________ 18 Tree Stump Grinding (dia. 48” – 60”) EA $_________________________ 19 Tree Stump Grinding (dia. >60”) EA $_________________________ 20 Wood Debris Chipping HOUR $_________________________ 21 Haul-Off Disposal HOUR $_________________________
22 Green Waste 30-Yard Bin w/Haul-Off
Disposal EA $_________________________
23 Brush Grinding HOUR $_________________________
24 Field Mowing ACRE $_________________________
25 Field Disking ACRE $_________________________
26 Arborist Tree Evaluation (1) Single Tree EA $_________________________ 27 Arborist Tree Evaluation (5-9) Total Trees EA $_______________________________ DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 131 -
41 28 Arborist Tree Evaluation (10-19) Total Trees EA $__________________________ 29 Arborist Tree Evaluation (20+) Total Trees EA $__________________________ ADDITIONAL SERVICE(S):
30 Emergency Response Service – Fixed Rate EA $_____________________________ 31 Overtime Rate – Emergency Service work HOUR $______________________ 32 Double-time Rate – Emergency Service work HOUR $______________________

2. PREVAILING WAGES:

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

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

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

4. 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: 2021 through 2022
Year 2: 2022 through 2023
Year 3: 2023 through 2024
Year 4: 2024 through 2025
Year 5: 2025 through 2026
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 132 -
42 through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and a $2,000,000 aggregate. 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.

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

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 133 -
43 The CONTRACTOR’S insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.

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

6. PAYMENT:

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

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

7. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 134 -
44 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.

8. ARBITRATION:

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

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 135 -
45 11. TERMINATION OF SERVICES:

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

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

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, DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 136 -
46 specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

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

Authorization to Terminate Agreement
Termination of the agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee’s, decision to the City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days after
receipt of written notification from CITY of termination of the agreement. In the event that termination of this agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 137 -
47 claims or any other claims for delay shall be retroactive to the date of termination selected by the City Manager or his/her designee.

12. 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.

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Exhibit “A” Resolution No. 2021-_______;
b. Exhibit “B” Bid Submittal;
c. Exhibit “C” RFB
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR: __________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
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.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 138 -
48 15. SIGNATOR (IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

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

20. ENTIRE AGREEMENT:

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

21. PARTIAL INVALIDITY:

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

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 139 -
49 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. 2021-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2021 and _____________________has caused this agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________ By: _________________________________ STEPHANIE LOPEZ, (Signature)
City Clerk
By: _________________________________
(SEAL) (Name & Title)

Date: _______________________________
APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney

By: ____________________________

JILES SMITH II,
Risk Manager
Signature Requirements
Corporation:

1. Signature of two (2) officers
Or

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

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 140 -

CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
FOR: STEPHANIE LOPEZ, City Clerk

CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
JILES SMITH II, Risk Manager
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D West Coast Arborist
Patrick Mahoney President
95-3250682
Richard Mahoney Secretary
10/1/2021
#2..
- 141 -

INFO CONTRACT NUMBER PROJECT NUMBER PROJECT NAME DEPARTMENT NAME PROJECT STATUS = e 207810 On Call Vegetation Management ServicesFinance General Liability
Manual Entry
07/01/2021 — 07/01/2022
Policy: 1000100141211
Insurer: Starr Indemnity & Liability Company
Automobile Liability
Manual Entry
07/01/2021 — 07/01/2022
Policy: 1000198198211
Insurer: Starr Indemnity & Liability Company
Excess — Waived
Workers Compensation
Manual Entry
07/01/2021 — 07/01/2022
Policy: 1000004228
Insurer: Starr Specialty Insurance Company
Requirements Notes: 
Approved- A\S 09/21/2021
e West Coast Arborists, Inc.

Overall Status: APPROVED

APPROVED 
Required Policies

Each Occurrence: $2,000,000
Fire Damage (any one fire): $1,000,000
Med.exp (any one person): $5,000
Personal/adv Injury: $2,000,000
General (Aggregate): $4,000,000
Products-comp/op Agg: $4,000,000
APPROVED 
Combined Single Limit (Ea Accident): $2,000,000
Bodily Injury (Per Person): $
Bodily Injury (Per Accident): $
Property: $
APPROVED 
—
E.L. Each Accident: $1,000,000
E.L. Disease - Ea Employee: $1,000,000
E.L. Disease - Policy Limit: $1,000,000
APPROVED 
Required Documents 
User Uploaded Documents 
Help
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 142 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 28, 2021
Date: September 14, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: On-Call Vegetation Management Services Contract Award CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 571-5526
DESCRIPTION:

Consider approving the award of bid and agreement with West Coast Arborists, Inc., of Anaheim, CA as the primary contractor for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for an estimated annual amount of $250,000 and an agreement with Grover Landscape Services, Inc., of Modesto, CA as the secondary contractor for an estimated annual amount of $25,000, for an estimated combined annual amount of $275,000 and authorizing the Director of Finance, or designee, to adjust the financial amounts between both providers with a total combined amount not to exceed $1,375,000 over five-years. (Funding Source: General Fund, Tuolumne River Regional Park Operations Fund, Golf Fund)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

In recent years, the demand for vegetation management services within the City’s park system has exceeded the City Forestry Division’s available time and resources. Staff’s difficulty in providing these services raises safety concerns over falling trees, vegetation fires, and difficulty in meeting Federal Aviation Administration (FAA) trimming requirements in regional parkland adjacent to the Modesto City-County Airport. The City does not currently have an on-call vegetation management agreement available that provides tree trimming, tree removal, stump grinding, temporary tree protection fencing, herbicide application, wood chipping, vegetation hauloff and disposal, brush grinding, field mowing, field disking, arborist tree evaluations, and emergency service response.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 143 -
City Council, September 28, 2021
On-Call Vegetation Management Services Contract Award

In 2020, the Parks, Recreation and Neighborhoods Department, working in conjunction with other departments, identified a citywide need to establish a comprehensive on-call vegetation management agreement with a professional service provider. The establishment of On-Call Vegetation Management Services Agreements will enable the City to better manage vegetation throughout the park system, increase efficiency in response to weather related damage, reduce the risks of vegetation fires and increase public safety throughout the City.

On April 6, 2021, by Resolution No. 2021-107, Council authorized the rejection of prior bids received for Request for Bid (RFB) PPD20-07 for On-Call Vegetation Management Services and approved re-issuing the RFB at a future date. The initial bids were rejected because it was determined that staff needed to amend the original Scope of Services to ensure a more competitive process, eliminate ambiguity in the original scope, and require the payment of prevailing wages.

On July 13, 2021, by Resolution No. 2021-301. Council approved an agreement with Grover Landscaping, Inc for emergency services related specifically to the removal of city trees, due to a backlog of approximately 957 trees awaiting removal by the City’s Forestry Division for the past several years. This agreement is a one-time expense and does not address the city park system’s long-term vegetation management needs.

DISCUSSION:

On December 21, 2020, the City Manager authorized the Purchasing Manager to reissue a formal Request for Bids (RFB) for the furnishing of On-Call Vegetation Management Services.

On June 8, 2021, the Purchasing Division issued RFB No. PPD20-07RB for On-Call Vegetation Management Services, on Planet Bids via the City’s website under various commodity codes¹.

Prospective bidders were notified online and via email invitation of the bid opportunity. Twentyone (21) companies downloaded the RFB document.

On June 29, 2021, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream². Three (3) companies responded and one (1) was a local vendor. On the basis of providing the lowest responsive and responsible bid, staff recommends awarding the On-Call Vegetation Management Services agreement to West Coast Arborists, Inc., Anaheim, CA, as the primary contractor for an estimated annual amount of $250,000. Additionally, staff recommends awarding a secondary agreement to Grover Landscaping Services, Inc., Modesto, CA, for an estimated annual amount of $25,000. These two agreements have a combined estimated annual total amount of $275,000 and a five-year not to exceed total of $1,375,000.

Staff recommends having a primary and secondary contractor for the furnishing of on-call vegetation management services to provide backup, when the primary contractor is unable to provide service in a timely manner, such as in the case of an emergency or lack of available staff.

Staff additionally recommends that the Director of Finance, shall have the ability to adjust the total amount paid to each provider without exceeding the total estimated annual amount of $275,000.

This agreement will reduce the workload of the Forestry Division, allowing them to primarily focus on the demands of maintaining the city’s approximately 81,000 street trees, thus providing for a safer environment and healthier urban forest for the citizens of Modesto. Within the park system, approximately 24,000 trees are experiencing limb and tree failure as a result of ¹94700 – Forestry Services, 96888 – Tree and Shrub removal services, 98836 – Grounds maintenance:

Mowing, Edging, Plant (Not Tree) Trimming, Etc., 98888 – Tree Trimming and Pruning Services ² Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19.

DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 144 -
City Council, September 28, 2021
On-Call Vegetation Management Services Contract Award

extended pruning cycles, defects within the trees, storms, drought, past pruning practices no longer considered arboriculturally approved, vandalism, disease and lack of young tree training.

This contract will directly impact the trees in city parks, improving the health and safety for park visitors.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow the formal bid procedures. An award of bid for On-Call Vegetation Management Services to West Coast Arborists, Inc., Anaheim CA, as the primary contractor and to Grover Landscape Services, Inc., Modesto, CA, as the secondary contractor, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures.

FISCAL IMPACT:

Based on current pricing per RFB PPD20-07RB, staff estimates an annual amount of $275,000 and a total amount not to exceed $1,375,000 over five-years will be sufficient to complete the necessary vegetation management work. Maintenance funding is budgeted in the current operating budget in Parks, Recreation and Neighborhoods Department cost centers and as needed, vegetation management services will be procured through this contract. Estimated expenses are listed below by fund and cost center and no additional funding beyond what is currently budgeted in this year’s operating budget is being requested at this time.

FUND TOTAL
0100 – General Fund
(Cost Centers: 31005, 34110, 34120,
34130, 34150, 34200, 34210, 35220)
$215,000
6700 – TRRP Operating Fund
(Cost Center: 80300)
$40,000
4600 – Golf Fund
(Cost Centers: 34170, 34181, 34182)
$20,000
ESTIMATED ANNUAL AMOUNT $275,000
FIVE (5) YEAR TOTAL NOT TO EXCEED $1,375,000
COMMITTEE RECOMMENDATION:

This item was reviewed and approved by the Safety and Communities Committee on September 13, 2021 and is being forwarded for the consideration of the full council.

CEQA/NEPA REQUIREMENTS:

Staff has prepared a Statement of Categorical Exemption No. EA/PRN 2021-02 for On-Call Vegetation Management Services. The project is exempt from CEQA due to the fact that it is maintenance of existing landscape and native growth.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the award of bid and agreement with West Coast Arborists, Inc., of Anaheim, CA as the primary contractor for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for an estimated annual amount of $250,000 and an agreement with Grover Landscape Services, Inc., of Modesto, DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 145 -
City Council, September 28, 2021
On-Call Vegetation Management Services Contract Award

CA as the secondary contractor for an estimated annual amount of $25,000, for an estimated combined annual amount of $275,000 and authorizing the Director of Finance, or designee, to adjust the financial amounts between both providers with a total combined amount not to exceed $1,375,000 over five-years and authorizing the City Manager, or his designee, to execute the agreements.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement - West Coast Arborists, Inc.

3. Financial Interest Disclosure – West Coast Arborists, Inc

4. Agreement – Grover Landscape Services, Inc.

5. Financial Interest Disclosure – Grover Landscape Services, Inc.

6. Cost Abstract
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 146 -
09/28/2021/PRN/NHoux/Item 16 1 2021-379

MODESTO CITY COUNCIL
RESOLUTION NO. 2021-379

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT WITH WEST COAST ARBORISTS, INC., OF ANAHEIM, CA AS THE PRIMARY

CONTRACTOR FOR THE FURNISHING OF ON-CALL VEGETATION

MANAGEMENT SERVICES FOR THE PARKS, RECREATION AND

NEIGHBORHOODS DEPARTMENT FOR AN ESTIMATED ANNUAL
AMOUNT OF $250,000 AND AN AGREEMENT WITH GROVER LANDSCAPE SERVICES, INC., OF MODESTO, CA AS THE SECONDARY CONTRACTOR FOR AN ESTIMATED ANNUAL AMOUNT OF $25,000, FOR AN ESTIMATED COMBINED ANNUAL AMOUNT OF $275,000 AND AUTHORIZING THE

DIRECTOR OF FINANCE, OR DESIGNEE, TO ADJUST THE FINANCIAL

AMOUNTS BETWEEN BOTH PROVIDERS WITH A TOTAL COMBINED
AMOUNT NOT TO EXCEED $1,375,000 OVER FIVE-YEARS AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENTS
WHEREAS, in recent years, the demand for vegetation management services within the City’s park system has exceeded the City Forestry Division’s available time and resources; and
WHEREAS, the City does not currently have an on-call vegetation management agreement available that provides tree trimming, tree removal, stump grinding, temporary tree protection fencing, herbicide application, wood chipping, vegetation haul-off and disposal, brush grinding, field mowing, field disking, arborist tree evaluations, and emergency service response; and
WHEREAS, in 2020, the Parks, Recreation and Neighborhoods Department, working in conjunction with other departments, identified a citywide need to establish a comprehensive on-call vegetation management agreement with a professional service provider; and
WHEREAS, the establishment of On-Call Vegetation Management Services Agreements will enable the City to better manage vegetation throughout the park system, DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 147 -
09/28/2021/PRN/NHoux/Item 16 2 2021-379
increase efficiency in response to weather related damage, reduce the risks of vegetation fires, and increase public safety throughout the City; and WHEREAS, on June 8, 2021, the Purchasing Division issued RFB No. PPD20- 07RB for On-Call Vegetation Management Services, on Planet Bids via the City’s website under various commodity codes and twenty-one (21) companies downloaded the RFB; and
WHEREAS, on June 29, 2021, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream, and three (3) companies responded, of which one (1) was a local vendor; and
WHEREAS, on the basis of providing the lowest responsive and responsible bid, staff recommends awarding the On-Call Vegetation Management Services agreement to West Coast Arborists, Inc., Anaheim, CA, as the primary contractor for an estimated annual amount of $250,000; and
WHEREAS, additionally, staff recommends awarding a secondary agreement to Grover Landscaping Services, Inc., Modesto, CA, for an estimated annual amount of $25,000; and
WHEREAS these two agreements have a combined estimated annual total amount of $275,000 and a five-year not to exceed total of $1,375,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it approves the award of bid and agreement with West Coast Arborists, Inc., of Anaheim, CA as the primary contractor for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for an estimated annual amount of $250,000 and an agreement with Grover Landscape Services, DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 148 -
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 149 -
Business License
West Coast Arborists, Inc.
09/20/2021
DocuSign Envelope ID: 921A6E97-456D-47E2-B81E-CD9774EADE4D #2..
- 150 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 13, 2023
Date: February 21, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice Chair
Jeremiah Williams, Member

THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Brandon Gillespie, Chief of Police
Bill Sandhu, Public Works Director
SUBJECT: Purchase of one Fleet Replacement and Electric Vehicle Pilot Initiative CONTACT: Dianne Love, Senior Buyer, [email protected], 209-571-5164 DESCRIPTION:

Consider approving the Purchase for one (1) Fleet Replacement in the amount not to exceed $52,011 and approving the implementation of the Electric Vehicle Pilot Program for the Modesto Police Department and forwarding to Council for approval. (Funding Source: Fleet Replacement Fund and Supplemental Law Enforcement Services Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

Every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage, and maintenance costs. Following this process, a Fleet Replacement List is submitted to Council and is approved as part of a new fiscal year’s Fleet Replacement Budget.

Once a unit is replaced and placed into City service, funds for its replacement are charged out as monthly recurring charges until the end of the unit’s service life. These funds are specifically designated for the replacement of City vehicles and equipment. #3..
- 151 -
Safety and Communities Committee, March 13, 2023
Purchase of one Fleet Replacement and Electric Vehicle Pilot Initiative

Fleet Replacements:

RFB Vehicle
#
Description Dept. Year of
Vehicle
Meter Repair
Cost
2223-36 32137 Ford Interceptor
SUV
Police Dept 2021 26,008 $15,785
This Ford Interceptor was used by the Police Department for patrol services and needs to be replaced as it was totaled in a rollover crash.

DISCUSSION:

The Modesto Police Department (MPD) and Public Works Fleet Division are proposing to replace the Ford Interceptor with the Ford Mustang Mach-E, which is an all-electric Sports Utility Vehicle (SUV) that will be piloted for the MPD Patrol Division. The MPD and Public Works’ Fleet Services are working toward a plan to comply with the California Air Resources Board’s Advanced Clean Cars II rule1 that establishes a roadmap to 2035 when 100% of new cars and light trucks sold in California, including plug-in hybrid electric vehicles, will be zero-emission vehicles. This pilot vehicle will help the MPD and Fleet Services assess the feasibility of electric vehicle technology and how it performs in a patrol environment. The MPD and Fleet Services will also be evaluating other potential uses for all-electric and hybrid vehicles in other areas of the MPD fleet.

With the interest in piloting an electric patrol vehicle, the Police Department and Fleet Division researched the use of a new Ford Mustang Mach-E vehicle to replace the Ford Explorer Interceptor fleet vehicle. Towne Ford Sales notified City staff about a 2023 Ford Mustang MachE at the dealership that was available for immediate purchase due to another customer canceling their purchase. Towne Ford was aware of the City’s need to replace the previously damaged vehicle in the Police Department and offered the vehicle to the City for the same purchase price that was quoted to the canceling customer.

There is a critical need to obtain new vehicles to address over 214 Fleet replacements needed for the City. To purchase these vehicles, City staff continues to complete formal bidding events or utilize a cooperative agreement where feasible. However, in this situation, there is an opportunity for cost savings by taking advantage of purchasing this vehicle now to avoid manufacturing delays and price increases due to inflation. The manufacturing lead time is estimated at 9-12 months and based on the current market, the price would likely increase at time of delivery based on current estimated inflation increases ranging from 7-9%. Additional price comparisons were reviewed and a similar type of vehicle was identified for approximately $500 less. The concern with the comparable vehicle is that it would not be immediately available and would need to be ordered.

City staff recommends awarding to Towne Ford Sales to purchase one (1) Ford Mustang Mach_E for an amount not to exceed $52,011. In addition to the cost of the vehicle, there will be a cost to the department for the installation of a charging station. There are several options available for charging stations however staff has identified, the following as the one to best serve the operational needs of the department during this pilot program:
 Commercial-grade Level 3 charger: This charging option is the fastest available on the market and is estimated to cost $38,645. The needed 480-volt power supply has been identified and is located within the department’s existing parking infrastructure. City staff 1 https://ww2.arb.ca.gov/news/california-moves-accelerate-100-new-zero-emission-vehicle-sales-2035 #3..
- 152 -
Safety and Communities Committee, March 13, 2023
Purchase of one Fleet Replacement and Electric Vehicle Pilot Initiative

will solicit informal quotes with other suppliers that specialize in this product. o 50 amps of charging power
o 4 hours to charge from 0% to 100% (before public safety equipment) Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-

3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” This vehicle purchase falls under this exception due given the availability of a vehicle purchase immediate. Normally there is are significant lead times before the purchase of new vehicles is possible. Those lead times not only delay when the City can acquire a new vehicle but also result increased costs due to significant inflation.

FISCAL IMPACT:

Sufficient funds are budgeted in the Fiscal Year 2022-23 Fleet Replacement Fund for the purchase of the 2023 Ford Mustang Mach-E based on the original funding that was established for the Ford Interceptor.

There will be additional costs related to charging the Ford Mustang Mach-E. It is estimated to cost $38,645. These additional costs will be funded through the department’s Supplemental Law Enforcement Services Fund (SLESF).

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the implementation of the Electric Vehicle Pilot Program for the Modesto Police Department and forwarding to Council for approval.

Motion approving the purchase with Towne Ford Sales, Redwood City, CA for one (1) Ford Mustang for an amount not to exceed $52,011; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and forwarding to Council for approval.

Approved by:

DeAnna Christensen, Director of Finance
Brandon Gillespie, Chief of Police
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Quote – Ford Mustang Mach-E
#3..
- 153 -
$
$
$
$
$
$
$
$
$
$
$
$
BUYER CO-BUYER Deal #:

New
Used
Demo
Stock #: Description: VIN:

Deal Date:

VEHICLE
Email:

Mileage:

TRADE

AFTERMARKETS
Salesperson:

Total Aftermarkets: $
Print Time:

CITY OF MODESTO Deal Type:
98412
PMA01774 2023 FORD TRUCK MUSTANG MACH E 3FMTK1RM8PMA01774 03/03/2023 1010 10TH ST # 5300
MODESTO, CA 95354
[email protected]
48,090.00

0.00 0.00
48,090.00

85.00 3,793.78

41.75 52,010.53

0.00 52,010.53

0.00 52,010.53

0.00 Sale Price:

Total Financed Aftermarkets:

Total Trade Allowance:

Trade Difference:

Doc Fee:

State & Local Taxes:

Total License and Fees:

Total Cash Price:

Total Trade Payoff:

Delivered Price:

Cash Down Payment + Deposit:

Sub Total:
04:20pm
Retail
Work #:
#3..
- 154 -