Finance Committee
August 21, 2023

We are prepared to put forth a dedicated and considerable effort using all of our resources to ensure that new executives will represent the highest standards in the profession and continue to contribute to the City’s reputation as a high-performance organization which is focused on excellence.

Thank you very much for your consideration of this Proposal. We are ready to proceed upon notification of approval. You may reach me at (916) 630-4900, on my cell at (805) 264-2663, or via email at [email protected] should you have any questions or need further clarification.

Sincerely,
Robert Burg
Executive Vice President
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Introduction
Executive Summary
Attracting top talent has never been more complex and Ralph Andersen & Associates is highly qualified to assist the City of Modesto with recruiting new executives throughout the City. We have conducted more successful executive recruitments than any other firm since 1972. From helping the City create a competency-based interviewing framework for new executives to assessing candidates and attracting top human capital, our search professionals offer an unparalleled depth of experience, national reach, and industry knowledge.

The City has requested our Proposal to assist, on an as needed basis, in the identification and recruitment of a highly qualified group of candidates for new executives. In particular, the City is seeking a firm with the national experience to clearly assess your organizational needs and formulate a strategy to deliver results.

At Ralph Andersen & Associates, we believe that gaining a complete understanding of our client’s specific objectives and priorities is essential prior to launching any search assignment. This process includes the identification and incorporation of a variety of important details such as the candidate’s desired skills and experience as well as the critical “soft skills” related to temperament, personality, management philosophy, and other factors that will ultimately determine the candidate’s “fit” with the organization.

We begin each search by working closely with your leadership, stakeholders, staff, and, when appropriate, your community to ensure a complete picture of the desired candidate pool is developed.

Our team-oriented approach matched with this 360-degree perspective means we ensure that a complete understanding of the organization’s mission and culture translates into those specific traits and characteristics necessary to ensure the selected candidate is successful in the position.

We understand that the City expects aggressive, personalized outreach to identify a diverse and highly qualified applicant pool and a selection process that includes comprehensive candidate reports based on thorough reference and background checks. We will begin with fully detailed profiles of the desired candidate’s characteristics and build a recruitment strategy that is tailored to meet the City’s specific needs. The resulting outreach and advertising campaign will incorporate the extensive use of personal outreach to recruit a diverse and highly qualified group of candidates.

Why Choose Ralph Andersen & Associates?
We take a multi-disciplinary approach to executive search and the entire process. This is where Ralph Andersen & Associates sets itself apart:
• There’s always an entire team behind every assignment. The City of Modesto gains a reliable, trusted, and resourceful search team of 16 members; • We take a multi-disciplinary approach to meeting our client’s needs; and • We keep commitments, performing at a level that exceeds our client’s expectations.

Ralph Andersen & Associates serves a nationwide clientele through its Corporate Office in Sacramento (Rocklin), California. Our national staff of professionals and support staff include acknowledged leaders in their respective fields. Supplementing their extensive consulting backgrounds, our senior staff all have personal, hands-on executive experience in the operation of public agencies and private businesses.
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History of the Firm
Ralph Andersen & Associates has been providing practical, responsive executive search and management consulting services to the local public sector and related industries since 1972. With each new assignment, we earn our reputation as the nation’s premier local government consulting organization.

Ralph Andersen & Associates is a California Corporation and is not a subsidiary nor does it have any subsidiaries. Contact information for the Corporate Office is 5800 Stanford Ranch Road, Suite 410, Rocklin, California 95765; telephone: (916) 630-4900; fax: (916) 630-4911; website:
www.ralphandersen.com; email: [email protected]. Ralph Andersen & Associates has more than 51 years of experience conducting executive recruitments for a variety of public sector agencies.

The firm currently has 17 employees.

Ms. Heather Renschler, President/CEO, and Mr. Robert Burg, Executive Vice President, are both stockholders in the firm and, as such, are able to bind the firm.

Ralph Andersen & Associates serves a nationwide clientele through its Corporate Office in the area of Sacramento (Rocklin), California. Through its network of professionals associated with the firm, Ralph Andersen & Associates also provides services to municipal clients throughout the United States.

Our staff of professionals and support staff include acknowledged leaders in their respective fields.

Supplementing their extensive consulting backgrounds, our senior executives all have personal, hands-on executive experience in the operation of public agencies and private businesses.

Ralph Andersen & Associates’ organization chart is provided below:

Corporate and Staffing
Structure
Robert J. Burg
Executive Vice
President
Heather Renschler
President/CEO
Management Consulting
and Executive Search
Practice Manager
Executive Search
Consultants Research
Associates
Graphics
Recruitment
Manager Senior Recruitment
Coordinator
Support Staff
Senior Recruitment
Coordinator
Contracts/Proposal
Manager
Executive Search
National Practice Leaders
Heather Renschler
(Western/Midwest Regions)
Robert Burg
Health & Human Services
and Public Health
(East Coast)
Ralph Andersen & Associates
Updated December 2022
(1)Former City Manager (2)Former Assistant City Manager (3)Former County Manager (4)Former Chief of Police Doug Johnson
Vice President
Human Resources
Consulting and
Executive Search
Other Members of the
Search Team
David Morgan(1)
Fred Wilson(1)
John Slaughter(3)
Serena Wright-Black(2)
Daniel Hahn(4)
David Ready(1)
Recruitment
Coordinator Accounting
Research
Assistants
Research
Assistants
Consultant
Range of Services Offered
Ralph Andersen & Associates specializes in the following primary service areas: management consulting, human resources consulting, and executive search. • Management Consulting – Ralph Andersen & Associates helps organizations improve their performance potential with a range of management consulting services. The types of #9..
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services provided by the firm include management and performance audits, organizational analyses, productivity improvement analyses, agency and service consolidation assessments, specialized financial management including debt restructuring and organizational problem solving. In addition to providing these services to entire organizations, the firm often conducts management consulting engagements that are focused in a specific service area such as public safety, city management, finance, public works, community development and other major service areas. Ralph Andersen & Associates treats every management consulting engagement as unique. This approach means we will assemble a consulting team comprised of consultants with the specific talents and experience needed to successfully achieve the client’s objectives. Our team of experienced consultants perform complex analyses and recommend solutions that are practical and most importantly, are capable of being implemented by our clients. • Human Resources Consulting – The firm provides a full range of contemporary human resources consulting including classification studies, compensation studies, benefits analysis, pay plan development, executive pay, and pay for performance. Key staff have proven success in working with labor groups and elected officials in identifying solutions and solving challenging problems. Services also include expert witness services for mediation and arbitration hearings. Our approach to consulting services is characterized by proven methods, extensive data collection, accurate analysis, and effective communication and messaging.
• Executive Search – At Ralph Andersen & Associates, there’s always an entire team behind every recruitment assignment that we undertake. Our multi-disciplinary approach takes the best ideas in executive recruiting and creates innovative ways to get the right candidates for clients. When you retain Ralph Andersen & Associates, you actually get an entire team’s worth of support and expertise working together to achieve your organization’s objectives.

The firm has conducted executive searches for large and small organizations throughout the nation. In addition to conducting searches for city manager and other chief executive officer positions, Ralph Andersen & Associates has successfully completed searches in every area of municipal service. Ralph Andersen & Associates believes the most important element of a successful executive search is to listen carefully to what our clients are looking for in terms of candidate experience and qualifications. Using these client-focused guidelines, candidate identification is undertaken through marketing and personal outreach.

Comparable Searches
Since 1972, Ralph Andersen & Associates has conducted more than 1,500 recruitments. Our clients include cities, counties, special districts, and non-profits from across the Nation. Ralph Andersen & Associates has an intimate knowledge of public sector agencies – how they work and their needs.

This will enable Ralph Andersen & Associates to provide the City of Modesto with successful placements of executive level positions.

Ralph Andersen & Associates has conducted the following recruitments for the City of Modesto (2005 to Present):
• Chief Information Officer (2017 & 2022)
• Chief of Police (2021) – Sample Attached
• City Auditor (Current Search)
• Deputy City Manager (2022 & Current)
• Deputy City Manager for Operations (2018)
• Deputy City Manager for Support (2018)
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• Deputy Director of Personnel (2006)
• Director of Community and Economic Development (2015 & 2018) • Director of Public Works (2014)
• Director of Utilities (2014)
• Human Resources Director (2016 & 2020)
• Stanislaus Regional 911 – Executive Director (2016)
• Transit Manager (2016)
Ralph Andersen & Associates has conducted the following recent recruitments in the last five years (2018 to Present):

Administration / General Services
• Charlotte, NC
 General Services Director (2019)
• Citrus Heights, CA
 Administrative Services Director (2022)
• Coronado, CA
 Director of Administrative Services (2021)
• Fullerton, CA
 Director of Administrative Services (2018 & 2019)
• Goleta, CA
 General Services Director (Limited Search) (2021)
• Monterey Park, CA
 Director of Management Services (2020)
• Northwest Fire District, AZ
 Business Services Director/CFO (2020)
Arts / Cultural / Museum / Fairs
• El Paso, TX
 Museum of History Director (2018)
Aviation
• Broward County, FL
 Enterprise Assistant Director of Business – Airport Concessions (2019) • Fresno, CA
 Director of Aviation, Fresno Yosemite International Airport (2021) • San Francisco International Airport
 Airside Operations Director (2020)
City / County Management
• Allen, TX – City Manager (2019)
• Apple Valley, CA – Town Manager (2018)
• Artesia, CA – City Manager (2022)
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• Austin, TX
 Assistant City Manager for Economic Opportunity & Affordability (2018)  Assistant City Manager for Health & Environment / Culture & Lifelong Learning (2018 & 2021)
 Assistant City Manager for Mobility (2019)
 Assistant City Manager for Safety (2019)
 Deputy City Manager (2019)
• Avondale, AZ – City Manager (2022)
• Barstow, CA – City Administrator (2021)
• Beverly Hills, CA – Deputy City Manager (2019)
• Bishop, CA – City Administrator (2018 & 2020)
• Brownsville, TX – City Manager (2018)
• Buellton, CA – City Manager (2019)
• Burleson, TX – Deputy City Manager (2021)
• Calabasas, CA – City Manager (2018 & 2021)
• California City, CA – City Manager (2022)
• Citrus Heights, CA – City Manager (2022)
• Compton, CA – City Manager (2022)
• Corona, CA – City Manager (2019)
• Coronado, CA
 Assistant City Manager (2022)
 City Manager (2021)
• Costa Mesa, CA – City Manager (2019)
• Cottonwood, AZ
 City Manager (Current Search)
• Cupertino, CA – City Manager (2019)
• Delray Beach, FL – City Manager (2019)
• Denton, TX – Assistant City Manager (2019)
• Eastvale, CA – City Manager (2022)
• El Segundo, CA – City Manager (2022)
• Emeryville, CA – City Manager (2022)
• Encinitas, CA – City Manager (2020)
• Fairfax, CA – Town Manager (2021)
• Foster City, CA – City Manager (2022)
• Goleta, CA
 City Manager (2022)
 Deputy City Manager (2019)
• Goodyear, AZ – Deputy City Manager (2022)
• Grand Terrace, CA – City Manager (2021)
• Green Valley Recreation, Inc. – Chief Executive Officer (2020) • Gustine, CA – City Manager (2022)
• Huntington Beach, CA – City Manager (2022)
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• Indio, CA – City Manager (2021)
• Irvine, CA – City Manager (2018)
• La Palma, CA – City Manager (2020)
• La Quinta, CA – City Manager (2019)
• La Verne, CA – City Manager (2022)
• Lawrence, KS – City Manager (2019)
• Lewisville, TX – City Manager (2021)
• Lincoln, CA – City Manager (2022)
• Los Altos, CA – City Manager (2021)
• Marin County, CA – Assistant County Administrator (2022) • Miami Beach, FL – City Manager (2021)
• Mill Valley, CA – City Manager (2020 & 2022)
• Modesto, CA
 Deputy City Manager (2022)
 Deputy City Manager for Operations (2018)
 Deputy City Manager for Support (2018)
• Monterey, CA – City Manager (2018)
• Moorpark, CA – City Manager (2018)
• Napa County, CA – Assistant Chief Executive Officer (2018) • Naples, FL – City Manager (2022)
• Nevada City, CA – City Manager (2022)
• Norco, CA – City Manager (2022)
• Ocean Reef Community Association, FL
 President (2019)
 President (Background) (2023)
• Oakland, CA – City Administrator (2020 & Current Search) • Orange, CA – City Manager (2022)
• Oro Valley, AZ – Town Manager (Current Search)
• Palm Desert, CA
 Assistant City Manager (2019)
 City Manager (2021)
• Palm Springs, CA
 Assistant City Manager (2021)
• Palos Verdes Estates – City Manager (2022)
• Paso Robles, CA – Assistant City Manager (2019)
• Pomona, CA – City Manager (2019)
• Powell, OH – City Manager (2020)
• Queen Creek, AZ – Assistant Town Manager (Current Search) • Redlands, CA – City Manager (2019)
• Rialto, CA – City Administrator (2019)
• Riverside, CA – City Manager (2022)
• Rossmoor, CA (Golden Rain Foundation) – General Manager (2022) #9..
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• Sacramento, CA
 Assistant City Manager – Public Safety (2018)
 Assistant City Manager – Municipal Services (2019)
• San Bruno, CA – City Manager (2018)
• San Diego County, CA – Chief Administrative Officer (Current Search) • Santa Monica, CA – City Manager (2021)
• Sierra Madre, CA – City Manager (2021)
• Solvang, CA – City Manager (2023)
• South Padre Island, TX – City Manager (2019)
• Stockton, CA – Deputy City Manager II (Two Placements) (2020) • Sugar Land, TX – City Manager (2019)
• Suisun City, CA – City Manager (2019)
• Sun City West, AZ – General Manager (2019)
• The Woodlands Township, TX – President and General Manager (2020) • Union County, NC – County Manager (2018)
• Upland, CA – City Manager (2021)
• Upper Arlington, OH – City Manager (2019)
• Vancouver, WA
 Deputy City Manager – Community and Economic Development (2021)  Deputy City Manager for Enterprise Services (2021)
• Washoe County, NV – County Manager (2019)
• Westlake Village, CA – City Manager (2019)
City Attorney / Legal
• Coconino County, AZ
 Senior Civil Attorney (Limited Search) (2022)
• Denton, TX
 Assistant City Attorney (Backgrounds (2020)
 Assistant/Deputy City Attorney (2020)
 Deputy City Attorney (2018, 2019 & 2020)
 Deputy City Attorney (Litigation) (2020)
• East Bay Regional Park District, CA
 Assistant District Counsel (2019)
 General Counsel (2021)
• Fremont, CA
 Deputy City Attorney (Current Search)
• Imperial Irrigation District, CA
 General Counsel (2021 & 2022)
• Lake Oswego, OR
 City Attorney (2022)
• Los Angeles Unified School District, CA
 General Counsel (2021)
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• Marin County, CA
 Public Defender (2021)
• Midpeninsula Regional Open Space District, CA
 General Counsel (2018)
• Nevada County, CA
 County Counsel (2019)
• Palmdale, CA
 City Attorney (Limited Search) (Current Search)
• Richmond, CA
 Assistant City Attorney and Deputy City Attorney (2021) • Sacramento, CA
 City Attorney (2018)
• Southern California Association of Governments (SCAG)  Chief Counsel (2020)
• Southern California Public Power Authority (SCPPA), CA  General Counsel (2020 & 2022)
• Upper Arlington, OH
 City Attorney (2020)
• Vallejo, CA
 City Attorney (2020)
• Vancouver, WA
 Assistant City Attorney (2021)
 Chief Assistant City Attorney (2021)
• Ventura, CA
 City Attorney (2022)
Communication / Dispatch
• Burleson, TX
 Public Safety Communications Manager (2020)
• Durango, CO
 911 Communications Director (2021)
• Santa Clarita Valley Water Agency, CA
 Communications Manager (Current Search)
• Southern California Association of Governments (SCAG), CA  Communications Manager (2022)
Community Development / Economic Development / Code Enforcement • Alameda County, CA
 Executive Director, East Bay Economic Development Alliance (2019) • Austin, TX
 Assistant Director, Development Services (2020)
• Bellevue, WA
 Chief Economic Development Officer (2019)
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• Burleson, TX
 Assistant Development Services Director (2019)
 Development Services Director (2021)
• Fremont, CA
 Economic Development Director (2022)
• Huntington Beach, CA
 Director of Community Development (2018)
• Laguna Beach, CA
 Director of Community Development (2019)
• Lake Forest, CA
 Assistant Director of Community Development (Partial Search) (2021) • Lewisville, TX
 Economic Development Director (2021)
• Marin County, CA
 Assistant Director, Community Development Agency (2021) • McKinney Economic Development Corporation, TX
 President (2018)
• Modesto, CA
 Director of Community and Economic Development (2018) • Nevada County, CA
 Community Development Agency Director (2021)
• Palm Springs, CA
 Director of Building & Safety (2019)
• Rancho Cucamonga, CA
 Planning and Economic Development Director (2022)
• Reno, NV
 Community Development Director (2019)
• Rialto, CA
 Community Development Director (2021)
• Roseville, CA
 Economic Development Director (2018)
• San Bernardino, CA
 Community & Economic Development Director (2019)
• Tucson, AZ
 Economic Initiatives Director (2019)
• West Sacramento, CA
 Community Development Director (2021)
• Westminster, CO
 Economic Development Director (2021)
Courts / Probation / Corrections
• Scottsdale, AZ
 Presiding City Judge (2022)
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• Superior Court of California – County of Los Angeles
 Chief Executive Officer (2022)
 Chief Information Officer (Current Search)
 Public Safety Director (2022)
• Superior Court of California – County of Riverside
 Court Executive Officer (Current Search)
• Superior Court of California – County of San Francisco  Chief Executive Officer (Current Search)
 Chief Adult Probation Officer (2021)
Education
• California State University – Office of the Chancellor  Director of Emergency Management (2020)
• University of California, Santa Cruz
 Chief of Police (Current Search)
• University of New Mexico (UNM)
 Chief of Police (2021)
• The University of Texas at Austin
 Assistant Vice President for Campus Security/Chief of Police (Current Search) • University of Washington, WA
 Police Chief (2022)
Emergency Management
• California State University – Office of the Chancellor  Director of Emergency Management (2020)
Facilities
• Alameda County, CA
 Capital Programs Manager (2019)
• Austin, TX
 Building Services Officer (2020)
Finance / Audit
• Benicia, CA
 Assistant Finance Director (2019)
• Beverly Hills, CA
 Director of Finance (2018)
 Independent City Auditor (2018)
 Revenue Services Manager (2022)
• Big Bear Lake, CA
 Finance Manager (2019)
• Broward County, FL
 Enterprise Director of Finance (2019)
 Procurement Strategist (2020)
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• Burleson, TX
 Assistant Director of Finance (2021)
 Finance Director (2020)
• Central Contra Costa Sanitary District, CA
 Finance Manager (2019)
• Charlotte, NC
 Chief Financial Officer (2019)
• Columbus, OH
 Inspector General (2022)
• Compton, CA
 Controller (2021)
• Coronado, CA
 Director of Administrative Services (2021)
• Corpus Christi Housing Authority, TX
 Deputy Chief Financial Officer (2020 & Current Search) • Costa Mesa, CA
 Assistant Finance Director (2022)
 Budget & Purchasing Manager (2021)
• Dallas Housing Authority, TX
 Chief Financial Officer (2019)
• Delray Beach, FL
 Budget Manager (2020)
• El Paso, TX
 Chief Financial Officer (2018)
 Comptroller (2019)
• El Segundo, CA
 Chief Financial Officer (Current Search)
• Inland Empire Utilities Agency, CA
 Assistant General Manager – Finance & Administration (2022)  Manager of Finance & Accounting (2021)
• Lake Forest, CA
 Assistant Director of Finance (Partial Search) (2021) • Lewisville, TX
 Finance Director (2019)
• Lincoln, CA
 Director of Finance (2022)
• Los Angeles Department of Water & Power, CA
 Inspector General (Current Search)
• Marin Municipal Water District, CA
 Finance Director/Treasurer (2020)
• Metropolitan Transportation Commission, CA
 Section Director, Finance & Accounting (2018)
 Section Director, Funding Policy and Programs (2020)
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• Modesto, CA
 City Auditor (Current Search)
• Moorpark, CA
 Finance Director (2019)
• New Orleans Ethics Review Board, LA
 Inspector General (2021)
• North Marin Water District, CA
 Chief Financial Officer (Auditor-Controller) (2018)
• Oakland, CA
 Director of Finance (2021)
 Budget Administrator (2018 & 2019)
• Ocean Reef Community Association, FL
 Vice President of Finance and Administration (2021)
• Ontario International Airport Authority, CA
 Chief Financial Officer (2019)
• Palm Springs, CA
 Director of Finance & Treasurer (2019)
• Riverside County Transportation Commission, CA
 Chief Financial Officer (2021)
• Sacramento, CA
 Business & Revenue Manager (2019)
• San Diego Association of Governments (SANDAG)
 Independent Performance Auditor (2019)
• San Francisco Municipal Transportation Agency, CA
 Chief Financial Officer and Director of Finance and Information Technology (2018)
• San Marcos, TX
 Director of Finance/CFO (2020)
• Santa Clara County, CA
 Chief Financial Officer for Santa Clara Valley Health and Hospital System (Partial Search) (2021)
 Controller Treasurer (Partial Search) (2022)
 County Treasury Administrator (Partial Search) (2021)  Director of Finance Agency (Partial Search) (2021)
• Scottsdale, AZ
 City Treasurer/CFO (2021)
• Sewerage and Water Board of New Orleans, LA
 Chief Financial Officer (2020)
• Solana Beach, CA
 Finance Director/City Treasurer (Current Search)
• Sonoma, CA
 Deputy Finance Director (2018)
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• Southern California Association of Governments, CA
 Accounting Manager/Controller (Current Search)
 Chief Financial Officer (2020)
• Surprise, AZ
 Assistant Director of Finance (Internal Appointment in 2022) • Tucson, AZ
 Business Services Department Director (2020)
• Valley Sanitary District, CA
 Facility Operations Manager (Backgrounds) (2021)
Harbor / Port
• Port Authority of New York and New Jersey, NY
 First Deputy Chief Security Officer (2019)
• Port of San Francisco, CA
 Maritime Director (2019)
Health / Public Health / Mental Health
• Cincinnati, OH
 Health Commissioner (2018)
• Grossmont Healthcare District
 Chief Executive Officer (2021)
• Marin County, CA
 Deputy Director of Environmental Health Services (2021) • Mono County, CA
 Public Health Officer (2021)
• Napa County, CA
 Health and Human Services Director (2018)
• Northwest Mosquito and Vector Control District, CA
 District Manager (2020)
• Redwood Coast Regional Center (RCRC), CA
 Executive Director (2020)
• Sacramento County, CA
 Deputy County Executive – Social Services (2018)
 Director of Child, Family, and Adult Services (2018)
 Director of Health Services (2018)
• San Bernardino County, CA
 County Health Officer (2020)
• Santa Clara County, CA
 California Children’s Services Medical Director (2020)  Director, Custody Health and Custody Behavioral Health Services (2020)  Director, Public Health Nursing Services (2020)
Housing
• Bremerton Housing Authority, WA
 Executive Director (2020)
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• Corpus Christi Housing Authority, TX
 Deputy Chief Financial Officer (2020 & Current Search)  Vice President of Housing Choice Voucher Program (Current Search)  Vice President Rental Housing (2020)
• Dallas Housing Authority, TX
 Chief Financial Officer (2019)
• Goleta, CA
 Neighborhood Services Director (Limited Search) (2021) • King County Housing Authority, WA
 Deputy Executive Director of Administration (2018)
• Mono County, CA
 Housing Opportunities Manager (2022)
• Southern California Association of Governments (SCAG), CA  Manager of Housing and Economic Empowerment (2022)
Human Resources
• Alameda County, CA
 HRS Labor Relations Manager (2018)
• Alexandria, VA
 Chief Human Resources Officer (2022)
• Beverly Hills, CA
 Assistant Director of Human Resources (2019)
• Broward County, FL
 Director of Human Resources (2018)
• Fresno, CA
 Chief Labor Negotiator (Current Search)
• Gold Coast Transit District, CA
 Director of Human Resources (2022)
• Inland Empire Utilities Agency, CA
 Manager of Human Resources (2019)
• Irvine Ranch Water District, CA
 Director of Human Resources (2021)
• King County, WA
 Human Resources Director (2018)
• Los Angeles Unified School District, CA
 Director of Labor Relations (2020)
• Madera County, CA
 Human Resources Director (2019 & 2022)
• Marin County, CA
 Director of Human Resources (2022)
• Menlo Park Fire Protection District, CA
 Human Resources Manager (2020)
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• Modesto, CA
 Human Resources Director (2020)
• Oakland, CA
 Human Resource Manager (Talent Acquisition & Employee Benefits Manager) (Partial Search) (2018)
• Orange County Fire Authority, CA
 Director of Human Resources (2019)
 Director of Human Resources (Background) (2020)
 Human Resources Manager (2020)
• Palm Desert, CA
 Human Resources Manager (2021)
• Palm Springs, CA
 Director of Human Resources (2021)
• Pinal County, AZ
 Director, Human Resources (Current Search)
• Placentia, CA
 Director of Human Resources (2022)
• Reno, NV
 Human Resources Director (2018)
• Rialto, CA
 Director of Human Resources (2021)
• Riverside County, CA
 Assistant County Executive Officer / Human Resources Director (2018) • Scottsdale, AZ
 Human Resources Executive Director (2022)
• Solano Irrigation District, CA
 Director of Human Resources (2021)
• Valley Sanitary District, CA
 Human Resources Specialist (Background) (2021)
Information Technology
• Austin, TX
 Chief Information Officer (2019)
 Deputy Chief Information Officer (Chief Technology Officer) (2019)  Deputy Director of Communications & Technology Management (CTM) (2019) • Carson, CA
 Director of IT & Security (Current Search)
• Central Contra Costa Sanitary District, CA
 Information Technology Manager (2022)
• Charlotte, NC
 Chief Information Officer (2019)
• Concord, CA
 Director of Information Technology (2019)
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• Costa Mesa, CA
 IT Manager (2021)
• Denton, TX
 Chief Technology Officer (2020)
• Glendale, AZ
 Chief Information Officer (2020)
• Irvine, CA
 Information Technology Project Manager (2018)
• Los Angeles Department of Water and Power
 Chief Information Technology Officer (CITO) (2021)
• Marin County, CA
 Assistant Director, Information Services & Technology (2022)  Chief Information Officer (2018)
 Chief Assistant Director of Information Services & Technology (2019) • Marin Municipal Water District, CA
 Information Technology Manager (2020)
• Modesto, CA
 Chief Information Officer (2022)
• Morgan Hill, CA
 Information Technology Director (Chief Technology Officer) (2022) • Mountain View, CA
 Assistant Information Technology Director (2022)
• North Richland Hills, TX
 Director of Information Technology (2020)
• Phoenix, AZ
 Assistant Chief Information Officer (2022)
• Riverside, CA
 Public Utilities General Manager (2018)
• San Bernardino County, CA
 Chief Information Officer (Current Search)
• San Francisco International Airport, CA
 Chief Digital Transformation Officer (Current Search) • Superior Court of California – County of Los Angeles
 Chief Information Officer (Current Search)
• Tracy, CA
 Chief Innovation Officer (Current Search)
• Tucson, AZ
 Director of Information Technology/CIO (2019)
• Union County, NC
 Information Technology Director (2021)
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Legislative Affairs / Public Affairs
• Southern California Association of Governments (SCAG)  Director of Government and Public Affairs (2021)
Library
• Goleta, CA
 Library Director (2018)
• Madera County, CA
 Library Director (2020)
Miscellaneous
• Contra Costa County, CA
 Assistant County Registrar (2021)
• King County, WA
 Chief of Staff (King County Council) (2022)
• Palm Springs, CA
 Assistant Director of Maintenance & Facilities (2019)  City Clerk (2022)
• Port of Los Angeles, CA
 Director of Stakeholder Engagement (2018)
• Regional Parks Foundation, CA
 Executive Director (Current Search)
• Riverside County, CA
 Chief Deputy Registrar of Voters (Two Positions) (2020) • San Bruno, CA
 City Clerk (2018)
• Santa Monica, CA
 Equity and Inclusion Manager (2022)
Parks / Open Space / Recreation
• Beverly Hills, CA
 Director of Community Services (2019)
• Coronado, CA
 Director of Recreation and Golf Services (2022)
• Denton, TX
 Assistant Parks and Recreation Director (2021)
 Parks and Recreation Director (2018)
• Green Valley Recreation, Inc.
 Chief Executive Officer (2020)
• Irvine, CA
 Great Park Project Manager (Current Search)
• Midpeninsula Regional Open Space District, CA
 Assistant General Manager – Planning & Project Delivery (2018)  Assistant General Manager – Visitor & Field Services (2018) #9..
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• New Orleans City Park, LA
 Chief Executive Officer (2021)
• Overland Park, KS
 Director, Parks & Recreation (2020)
• Palm Springs, CA
 Director of Parks & Recreation (2018)
• Reno, NV
 Director of Parks, Recreation and Community Services (2019) • San Mateo County, CA
 Parks Director (2019)
Planning
• Big Bear Lake, CA
 Planning Director (2019)
• Carmel-by-the-Sea, CA
 Community Planning and Building Director (2020)
• Clovis, CA
 Director of Planning & Development Services (2020)
• East Bay Regional Park District, CA
 Chief of Design & Construction (2018)
 Chief of Land Acquisition (2018)
 Chief of Planning & GIS (2018)
• Fairfax, CA
 Planning & Building Services Director (Current Search) • Long Beach, CA
 Deputy Director of the Department of Development Services (Current Search)  Director of Development Services (2022)
• Metropolitan Transportation Commission, CA
 Section Director, Design & Project Delivery (2018)
 Section Director, Field Operations & Asset Management (2018)  Section Director, Regional Planning Programs (2020)
• Palos Verdes Estates, CA
 Community Development Director / Planning Manager (Current Search) • Rancho Cucamonga, CA
 Planning and Economic Development Director (2022)
• Sonoma, CA
 Planning and Community Services Director (2018)
• Southern California Association of Governments (SCAG)  Deputy Director for Planning (2020)
 Executive Director (2019)
• Western Riverside Council of Governments, CA
 Executive Director (2021)
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Public Information
• Napa County, CA
 Communications and Public Information Officer (2020)
Public Safety
• Akron, OH
 Chief of Police (2021)
• Alameda County, CA
 Fire Chief (2020)
• Anaheim, CA
 Fire Chief (2019)
• Austin, TX
 Chief of Police (2021)
• Bexley, OH
 Police Chief (2022)
• Bishop, CA
 Chief of Police (2021)
 Fire Chief (2018)
• Boise, ID
 Police Chief (2020)
• Bozeman, MT
 Chief of Police (2021)
• Charlotte, NC
 Chief of Police (2020)
 Fire Chief (2018)
• Clearlake, CA
 Chief of Police (2018)
• Columbus, OH
 Director of Public Safety Background (2021)
 Fire Chief (2021)
 Police Chief (2019 & 2021)
• Concord, CA
 Chief of Police (2020)
• Corona, CA
 Fire Chief (2018)
• Coronado, CA
 Director of Fire Services (Fire Chief) (2023)
• Costa Mesa, CA
 Chief of Police (2021)
• Denton, TX
 Police Chief (2018)
• El Dorado Hills Fire Department, CA
 Fire Chief (2018)
#9..
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• Elk Grove, CA
 Assistant Chief of Police (2020)
 Chief of Police (2019)
 Police Captain (2020)
• Emeryville, CA
 Police Chief (2020)
• Fremont, CA
 Deputy Fire Chief (2021 & 2022)
• Fresno, CA
 Chief of Police (Partial Search) (2020)
 Fire Chief (Current Search)
• Glendale, CA
 Police Chief (2023)
• Hayward, CA
 Chief of Police (2019)
• Huntington Beach, CA
 Fire Chief (2020)
• Irvine Ranch Water District, CA
 Director of Safety & Security (2021)
• King County, WA
 Director for the Office of Law Enforcement Oversight (2021) • La Vergne, TN
 Police Chief (Current Search)
• Lancaster, CA
 Director of Public Safety (2022)
• Las Vegas, NV
 Director, Department of Public Safety (2020 & 2022)
• Lawrence, KS
 Chief of Police (2021)
• Los Banos, CA
 Fire Chief (2022)
• Manhattan Beach, CA
 Police Chief (2022)
• Maricopa, AZ
 Chief of Police (2022)
• Metropolitan Washington Airports Authority
 Assistant Fire Chief (2018)
 Chief of Police (2018)
 Fire Chief (2018)
• Midpeninsula Regional Open Space District, CA
 Visitor Services Manager (2018)
• Modesto, CA
 Chief of Police (2021)
#9..
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• Monroe, GA
 Fire Chief (2021)
• Nevada City, CA
 Police Chief (2022)
• New Haven, CT
 Police Chief (2022)
• Ocean Reef Community Association, FL
 Vice President – Director of Public Safety Background (2020) • Orange County, CA
 Executive Director of the Office of Independent Review (2018) • Orange County Fire Authority, CA
 Fire Chief (2018)
• Pacific Grove, CA
 Chief of Police (2019)
• Palm Springs, CA
 Chief of Police (2021)
• Pismo Beach, CA
 Chief of Police (2021)
• Port Authority of New York and New Jersey, NY
 First Deputy Chief Security Officer (2019)
• Reno, NV
 Chief of Police (2023)
• Renton Regional Fire Authority, WA
 Fire Chief (2021)
• Richland, WA
 Chief of Police (2019)
• Richmond, CA
 Fire Chief (2021)
• Richmond, TX
 Chief of Police (2020)
• Sacramento, CA
 Assistant City Manager – Public Safety (2018)
• Salem, OR
 Chief of Police (2020)
• San Bernardino County, CA
 Deputy Fire Chief of Administration (2020)
 Deputy Fire Chief of Operations (2020)
 Fire Chief/Fire Warden (2019)
• San Fernando, CA
 Police Chief (2022)
• San Marcos, TX
 Police Chief (2020)
#9..
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• Sanger, CA
 Chief of Police (2020)
• Santa Barbara, CA
 Fire Chief (2018 & 2021)
• Santa Barbara County, CA
 Fire Chief (2019)
• Santa Monica, CA
 Chief of Police (2018 & 2021)
• Santa Rosa, CA
 Chief of Police (2019)
• Seattle, WA
 Community Police Commission – Executive Director (2021)  Office of the Inspector General Director (2018)
• South Lake Tahoe, CA
 Fire Chief (2020)
• South Pasadena, CA
 Deputy Police Chief (Current Search)
• Sparks, NV
 Fire Chief (2022)
• Stockton, CA
 Chief of Police (2022)
• Superstition Fire & Medical District, AZ
 Fire Chief (2021)
• Toledo, OH
 Chief of Police (2023)
• Truckee Meadows Fire Protection District, NV
 Deputy Chief of Fire Prevention (2018)
• Tucson, AZ
 Fire Chief (2019)
• Vallejo, CA
 Chief of Police (2019)
• West Linn, OR
 Chief of Police (2018)
Public Works / Engineering
• Alameda County, CA
 Deputy Director, Public Works Agency (2019)
• Amarillo, TX
 Assistant Director of Public Works (2018)
• Anaheim, CA
 Construction Services Manager (2019)
• Antelope Valley-East Kern Water Agency, CA
 Engineering Manager (2019)
#9..
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• Austin, TX
 Director of the Watershed Protection Department (2019) • Big Bear Lake, CA
 City Engineer (2018)
• Bear Valley Community Services District, CA
 Public Works Director (2018)
• Burleson, TX
 Public Works Director (2021)
• Clearlake, CA
 Public Works Director (2019)
• Colton, CA
 Assistant Director of Public Works & Utilities (2018) • Coronado, CA
 Director of Public Services & Engineering (2021)
• Culver City, CA
 Public Works Director (2021)
• Delray Beach, FL
 Public Works Director (2020)
• Fairfax, CA
 Public Works Director (2022)
• Fullerton, CA
 Director of Public Works (2018)
• Goleta, CA
 Assistant Public Works Director (2022)
 Engineering Manager (Principal Civil Engineer) (Limited Search) (2022)  Public Works Director (2018)
• Hayward, CA
 Assistant Director of Public Works and Utilities (Current Search) • Issaquah, WA
 Public Works Director (2020)
• Lake Forest, CA
 Traffic Engineering Manager (Partial Search) (2020)
• Los Angeles, CA
 Director/General Manager, Bureau of Street Services (2018) • Marin County, CA
 Assistant Director of Public Works (Two Positions) (2021)  Director of Public Works (2021)
 Principal Civil Engineer (Transportation) (Current Search) • Orange, CA
 Public Works Director (2018)
• Palm Springs, CA
 Director of Public Works (2022)
#9..
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• Rancho Palos Verdes, CA
 Deputy Director of Public Works (2022)
• San Antonio, TX
 Transportation and Capital Improvements Director (2019) • San Bernardino, CA
 Director of Public Works (2019)
• Sausalito, CA
 Director of Public Works/City Engineer (2019)
• Stanislaus County, CA
 Public Works Director (2019)
Social Services / Human Services
• Clark County, NV
 Social Services Director (Current Search)
• Los Angeles County, CA
 Chief Deputy Director, Public Social Services (2021)
• Riverside County, CA
 Deputy County Executive Officer – Homelessness Solutions (2018) • Santa Clara County, CA
 Director, Social Services Agency (Partial Search) (2022) • Solano County, CA
 Social Services Administrator – Child Welfare Services (2019) Transportation / Rail / Transit
• Charlotte Area Transit System, NC
 Executive Director (Current Search)
 Transit Chief Administrative Officer (Current Search)  Transit Chief Operating Officer (Current Search)
 Transit MARCOM Officer (Current Search)
• Gold Coast Transit District, CA
 Director of Human Resources (2022)
 General Manager (2022)
• Hayward, CA
 Deputy Director of Public Works – Transportation (Current Search) • Placer County Transportation Planning Agency, CA
 Executive Director (2018)
• Regional Transportation Commission of Southern Nevada  Director of Regional Planning (Director of Southern Nevada Strong) (2018) • Riverside County Transportation Commission, CA
 Project Delivery Director (2022)
 Regional Conservation Director (2022)
• Riverside Transit Agency, CA
 Director of Planning (2022)
#9..
- 832 -

• San Antonio, TX
 Transportation and Capital Improvements Director (2019) • Ventura County Transportation Commission, CA
 Executive Director (2021)
Risk Management
• Broward County, FL
 Director of Risk Management (2018)
• Reno, NV
 Risk Manager (2020)
Water / Wastewater / Utility
• Arlington, TX
 Director of Water Utilities (2018)
• Austin, TX
 Director of the Watershed Protection Department (2019) • Big Bear Lake, CA
 Chief Financial Officer, Department of Water & Power (Current Search) • California WaterFix Project (Delta Conveyance and Construction Authority), CA  Executive Director (2019)
• Central Contra Costa Sanitary District, CA
 Director of Operations (2021)
• Clark County Water Reclamation District, NV
 Principal Civil Engineer (2020)
 Senior Civil Engineer (2020)
• Delray Beach, FL
 Utilities Director (2020)
• Denton, TX
 Assistant General Manager/Power Supply (2019)
 Executive Manager of Energy Delivery (2020)
 Executive Manager of Business Services (2020)
• DERWA, CA
 Authority Manager (2019)
• Dublin San Ramon Services District
 Assistant General Manager (2020)
 Division Head, Field Operations Division (2022)
 Engineering Services Director (2021)
 Water/Wastewater Superintendent (2022)
• Elsinore Valley Municipal Water District
 Assistant General Manager (2020)
 General Manager (2019)
 Principal Engineer (Current Search)
• Encinitas, CA
 Water Operations Manager (2021)
#9..
- 833 -

• Fresno, CA
 Director of Public Utilities (2022)
• Georgetown, TX
 General Manager of Electric Utility (2019)
• Georgetown Divide Public Utility District
 General Manager (2021)
• Glendale, CA
 General Manager, Water & Power Department (2021)
• Goodyear, AZ
 Water Services Director (2023)
• Inland Empire Utilities Agency, CA
 Assistant General Manager – Finance & Administration (2022)  Manager of Finance & Accounting (2021)
 Manager of Human Resources (2019)
• Irvine Ranch Water District
 Director of Safety & Security (2022)
• LaGrange, GA
 Water Division Superintendent (2019)
• Los Angeles, Office of Public Accountability, CA
 Utility Rates and Policy Specialist I / II / III (Current Search) • Marin Municipal Water District, CA
 Finance Director/Treasurer (2020)
 Information Technology Manager (2020)
• North Kern Water Storage District, CA
 General Manager (2021)
• North Marin Water District, CA
 Assistant General Manager/Chief Engineer (2020 & 2022)  Chief Financial Officer (Auditor-Controller) (2018)
• Oro Loma Sanitary District, CA
 General Manager (2022)
• Redding, CA
 Director of Electric Utility (2022)
• Riverside, CA
 Riverside Public Utility General Manager (2018)
• Roseville, CA
 Assistant Electric Utility Director (2019)
• Santa Clarita Valley Water Agency, CA
 Communications Manager (Current Search)
• Sewerage and Water Board of New Orleans, LA
 Chief Financial Officer (2020)
 Executive Director (2018)
• Solano County Water Agency, CA
 General Manager (Limited Search) (2023)
#9..
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• Solano Irrigation District, CA
 Human Resources Director (2021)
 Water & Power Operations Manager (2019)
• Sunnyslope County Water District, CA
 General Manager (2019)
• Transmission Agency of Northern California
 General Manager (2022)
• Tri-Dam Project, CA
 General Manager (2022)
• Tucson, AZ
 Tucson Water Director (2022)
• Valley Sanitary District, CA
 Business Services Manager (Backgrounds) (2021)
 General Manager (2019)
• Water Facilities Authority, CA
 General Manager (Current Search)
• Westside Water Authority, CA
 Executive Director/General Manager (2020)
• Zone 7 Water Agency, CA
 General Manager (2018)
#9..
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Overview of the Recruitment
and Selection Process
Our Understanding of the Project
The City of Modesto requests the assistance of an experienced executive search firm in conducting recruitments for executive level positions throughout the City. The recruiter will work in conjunction with and at the direction of the City of Modesto Human Resources Department and her staff.

Summary of Our Approach
The successful search process relies heavily on person-to-person contact to identify outstanding potential candidates and, in the evaluation phase, to gain a complete understanding of the background, experience, and management style of the top candidates. Our approach includes:
• Extensive personal outreach, via telephone or video, to qualified candidates within California, the Western Region, and across the Nation.
• A marketing strategy that uses selected advertising to supplement the extensive candidate identification process using the Internet and using the firm’s vast network of professional contacts.
• A screening process that narrows the field of candidates to those who most closely match the needs of the City and is based on preliminary research and telephone interviews with the top candidates.
• Delivering a product in the form of a search report that recommends the top group of candidates and provides the City with detailed information about their backgrounds and experiences.
• Assistance during the final interview and the selection process. • Being available, as needed, to assist with the negotiation and development of an employment agreement during the final stages of the process.

Ralph Andersen & Associates has an outstanding reputation for being thorough and professional in the approach it takes in recruitments. Each candidate’s match with the position is based on the individual’s own set of professional experiences, management style, education and credentials, and overall fit with the organization and executive leadership.

Work Plan
This section describes the usual steps in a search of this nature. The Search Team will be under the direction of Mr. Robert Burg, Project Director. For simplicity, the position being recruited is referred to as “Executive Position.”
Task 1 – Review Project Management Approach
Mr. Robert Burg will be the Project Director on this search assignment. Mr. Burg will meet with the Human Resources Department and/or designated staff, appropriate City staff, and key stakeholders, as requested by the City, to discuss the project management for the search. The discussion will include a review of the work plan, confirmation of timing, and communication methods. #9..
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Task 2 – Develop Electronic Position Profile
The electronic position profile for the Executive Position is the guide for the entire search process.

The development of the e-profile includes the collection of technical information and recruitment criteria.

Technical Information
The Project Director will conduct video meetings with the appropriate individuals as may be necessary. The purpose of these meetings is to gain an understanding of the experience and professional background requirements desired in the next Executive Position. These discussions will also help the Search Team gain an understanding of the work environment and the opportunities and challenges facing the City and the Department.

Recruitment Criteria
The recruitment criteria are those personal and professional characteristics and experiences desired in the Executive Position. The criteria should reflect the goals and priorities of the City.

Subsequent to the development and adoption of the candidate profile, the technical information and recruitment criteria will be documented in an information brochure prepared by the Project Director. The brochure will be reviewed by the City in draft format, revised as appropriate, and published for use throughout the search.

Task 3 – Outreach and Recruiting
This task is among the most important of the entire search. It is the focus of the activities of the Search Team and includes specific outreach and recruiting activities briefly described below.

Outreach
An aggressive outreach process including personal contact with potential candidates will be developed. An advertising campaign will also be developed and will include the placement of ads in publications appropriate for the position being recruited.

Ralph Andersen & Associates understands the importance of providing a candidate pool that includes highly qualified men and women of all ethnicities. We typically advertise in the International Hispanic Network (IHN) and the National Forum for Black Public Administrators. Specific Internet sites related to government will be used as a method of extending the specific outreach in a short period of time.

Additionally, the advertisement and the full text of the position profile (the recruitment brochure) will be placed on Ralph Andersen & Associates’ website, which is accessed by a large number of qualified candidates. This method of outreach to potential applicants provides a confidential source that is monitored by many key level executives on an ongoing basis.

Candidate Identification
Ralph Andersen & Associates will use their extensive contacts to focus the recruiting effort.

In making these contacts, the Search Team will target those individuals who meet the criteria established. This is not just about passive recruiting. We believe strongly in aggressive, personal outreach to actively solicit qualified candidates. Each of the candidates identified through the recruiting efforts will be sent an information brochure.

Candidates will also be contacted directly to discuss the position and to solicit their interest in being considered.

Both the outreach and recruiting activities will result in applications and resumes from interested candidates. As they are received, resumes will be acknowledged and candidates #9..
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will be advised of the general timing of the search process. The following tasks involve the actual selection process, once all resumes have been received.

Task 4 – Candidate Evaluation
This task will be conducted following the application closing date. It includes the following specific activities:

Screening
All of the applications will be carefully reviewed. Those that meet the recruitment criteria and minimum qualifications will be identified and subject to a more detailed evaluation. This evaluation will include consideration of such factors as professional experience, and size and complexity of the candidate’s current organization as compared to the candidate profile.

Preliminary Research and Internet Review
The research staff of Ralph Andersen & Associates, under the direction of the Project Director, will conduct preliminary research and internet review for those candidates identified as the most qualified as a result of the screening process. This level of research will be conducted on a limited number of candidates to learn more about each candidate’s public profile and related information that is available on the internet.

Preliminary Video Interviews
The Search Team will conduct preliminary interviews with the top group of candidates identified through the screening and preliminary research and Internet review processes.

The interviews are extensive and designed to gain additional information about the candidates’ experience, management style, and “fit” with the recruitment criteria. Interviews will be conducted using video technology or via telephone. No consultant travel for preliminary in-person interviews has been included in this Proposal.

The screening portion of the candidate evaluation process typically reduces a field of applicants to approximately ten (10) to twelve (12) individuals. Those individuals will be reviewed with the City prior to proceeding with the individual interviews.

Task 5 – Search Report
After completing Task 4, all documentation will be supplied to the City electronically. No physical copies will be supplied to the City for any phase of this search engagement. The Search Team will prepare detailed information for review including resumes uploaded to a file sharing system (i.e., DropBox or ShareFile). The Search Team will conduct a video conference with the City to review the search report on the top candidates. The report divides all of the candidates into three groups including 1) the top group of candidates recommended to be interviewed; 2) qualified and 3) no further interest. The search report will include candidate resumes. The results of preliminary research and interviews will be provided in writing to the City. This meeting will result in a confirmed group of top candidates for the City to further consider.

Task 6 – Selection
The final selection process and the timing of the final selection will vary depending upon the desires of the City. The typical services provided by Ralph Andersen & Associates in the selection process are described briefly below.

The Search Team will coordinate the selection process for the finalist group of candidates. This includes handling the logistical matters with candidates and with the City.

The Search Team will prepare an electronic interview booklet (uploaded to a file sharing program such as DropBox or ShareFile) that includes the resumes and candidate report (with interview comments, preliminary research, and other relevant information about the candidates) on each #9..
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candidate. In addition, the booklet will contain suggested questions and areas for discussion based upon the recruitment criteria. Copies of the interview booklet will be provided in advance of the candidate interviews.

The Project Director will facilitate the interviews to assist the City through the selection process. This assistance will include an initial orientation, candidate introductions, and facilitation of discussion of candidates after all interviews have been completed.

Additionally, verifications will be made on up to the top two candidates and will include education verifications, Department of Motor Vehicle check, and credit check. Due to the “Ban the Box” legislation, criminal checks are only permissible when a contingent offer of employment is made. The results of these verifications will be discussed with the City at the appropriate time.

Reference calls will be conducted, as required, on the top candidate. The results of these reference checks will be discussed with the Human Resources Director (or designated staff) at the appropriate time during a closed session.

The Project Director is available to provide assistance to the City in the final selection as may be desired. This assistance may include providing or obtaining any additional information desired to assist in making the final selection decision.

Task 7 – Negotiation
The Project Director is available to assist the City in negotiating a compensation package with the selected candidate. This may include recommendations on setting compensation levels.

Task 8 – Close Out
After the City has reached agreement with the individual selected for the position, the search consultant will close out the search. These activities will include advising all of the finalist candidates of the status of the search by telephone.
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Staffing and Qualifications
The reputation of the search firm and personal commitment of the recruiters define the difference between the success and failure of any given recruitment. Ralph Andersen & Associates’ search professionals are acknowledged leaders in the field and possess a broad range of skills and experience in the areas of local government management, executive search, and related disciplines.

Only senior members of Ralph Andersen & Associates are assigned to lead search assignments, ensuring that their broad experience and knowledge of the industry is brought to bear on our clients’ behalf.

The City of Modesto will have Mr. Robert Burg, Executive Vice President of Ralph Andersen & Associates, as the Project Director. Mr. Burg will have the assistance, if needed, of other members of the firm.

Mr. Robert Burg, Project Director
Mr. Burg is the Executive Vice President of Ralph Andersen & Associates.

As a senior executive, his area of concentration is on executive search and management consulting. His client base, as a retained consultant and highlevel advisor, is focused on all facets of government, non-profit, and private enterprise. Mr. Burg has a total of 44 years of experience in the area of government. Mr. Burg has successfully completed some of the most challenging, complex recruitments in the United States. Mr. Burg has extensive leadership and consulting experience in both the public and private sectors. He has held senior administrative positions in organizations ranging in size from less than 100 employees to over 1,000. Mr. Burg has a Bachelor of Arts degree in Economics and a Master of Business Administration with a specialty in Healthcare both from the University of Miami, Coral Gables, Florida. He has taught business management courses and lectured at several prestigious organizations.

Assisting Mr. Burg (if needed) will be the following key members of our Search Team:

Heather Renschler, President/CEO
Ms. Renschler has been with Ralph Andersen & Associates for more than 38 years and is the firm’s President/CEO. Ms. Renschler has overseen the recruitment practice of Ralph Andersen & Associates for the last 26 years and as a result, is often involved with recruitments on a national scale and those of a highly sensitive and critical nature. She is experienced at working with boards, city councils, staff members, and selection committees in the recruitment and selection process. Her network of contacts and potential candidates are on a national scale. Prior to joining Ralph Andersen & Associates, Ms. Renschler had extensive private sector experience in the areas of construction management, health care and public accounting. Ms.

Renschler attended the University of Toledo and majored in Accounting and Journalism and obtained a Bachelor’s degree in Public Administration from the University of San Francisco. #9..
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Doug Johnson, Vice President
Mr. Johnson is a Vice President with Ralph Andersen & Associates and has over 36 years of local government consulting experience. Mr. Johnson has over 23 years of experience with Ralph Andersen & Associates in addition to 13 years as President of Johnson & Associates, a human resources consulting firm. Mr. Johnson participates in all facets of the firm’s recruitments and has extensive experience working with elected officials, public executives, staff members, labor organizations, and ad-hoc committees. He is the firm’s expert in executive compensation and related matters and has served as an expert witness in arbitration/mediation proceedings. Mr. Johnson has a Bachelor’s degree in Psychology from California State University, Sacramento.

Chief Daniel Hahn (ret.), Senior Consultant
Chief Daniel Hahn recently joined Ralph Andersen & Associates following a distinguished and accomplished career of over 34 years in the public sector. Prior to joining Ralph Andersen & Associates, Chief Hahn served two communities in California – City of Sacramento and City of Roseville.

His career highlights include being sworn in as Sacramento’s 45th Chief of Police on August 11, 2017, and serving a dynamic and diverse metropolitan population of 530,000 with a total staff of 1,100 (Sworn-760). Serving in California’s capital city brought increased interaction with local, regional, and statewide agencies and heightened inter-agency cooperation. Additionally, In 2011, he completed six years as the City of Roseville’s 15th Chief of Police, serving a suburban population of 140,000 with 132 sworn officers.

Chief’s Hahn’s early beginnings and his upbringing have shaped his approach and defined his leadership qualities that he brought to public safety and law enforcement. This engaging and highly communicative style will continue to be the foundation of his endeavors in executive search and consulting. Throughout his professional life, his focus has always been on open dialogue and communication and involving community-based partners to look at new ideas, options, and alternatives. Adopted at three months old and raised in the Oak Park neighborhood of Sacramento, he understood the issues facing many youth including lack of basic opportunities for success. When Hahn graduated from Sacramento High School and while attending Sacramento City College, he was persuaded to apply for the Sacramento Police Department as a Community Service Officer.

Hired in 1987, he rose through the ranks to Captain. He served in numerous assignments in the Sacramento Police Department including Public Information Officer, High School Criminal Justice Academy Coordinator, Watch Commander, Special Investigations Commander, Patrol Commander, and Personnel Division Commander. Chief Hahn later joined the City of Roseville in his first role as Chief before returning back to his home community of City of Sacramento to conclude his public sector career.

Professionally, Chief Hahn has been a member of and a contributor to the following organizations:
• California Police Chiefs Association
• FBI National Academy Associates
• National Organization of Black Law Enforcement Executives (NOBLE) • Major Cities Chiefs Association (MCCA) representing the largest cities in the United States and Canada
Additionally, throughout his career, Chief Hahn has been honored with many awards. He is a member of numerous organizations and volunteers his time on numerous boards throughout the region.

Chief Hahn holds a Bachelor’s degree in Business Administration from California State University, Sacramento and also earned a Masters of Public Administration later in his career. He is also a #9..
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graduate of the FBI National Academy, P.O.S.T. Command College, Sierra Health Foundation Leadership Program, American Leadership Forum, and Stanford University’s Local Governance Summer Institute.

Serena Wright-Black, Senior Consultant
Serena Wright-Black is a former Assistant City Manager for the City of Culver City. Ms. Wright-Black has over twenty years’ experience in public sector management. In addition to assisting the City Manager with the development, implementation and administration of City Council policy, she also oversaw the City’s Human Resources, Risk Management, Cultural Affairs and City Clerk operations. She excels in both the personnel and technical areas of management. She is a strategic and innovative professional who translates operational goals into initiatives that improve employee performance, growth, and engagement.

Ms. Wright-Black has experience directly recruiting and retaining top organization talent, developing and administering employment policies, auditing management operations including successfully reorganizing departments and outsourcing services, and addressing performance management issues. She has conducted numerous administrative investigations and trainings pertaining to discrimination, harassment and retaliation. She is skilled in organizational development, change management, conflict resolution, and labor negotiations. Her political astuteness served her well in leading complex community discussions and organization-wide collaboration related to the evaluation of public safety resources and budgets, and overseeing the implementation of various equity-related initiatives. She also managed and led two units of the Emergency Operations Center in response to COVID-19, including developing the policies and protocols.

Ms. Wright-Black holds a master’s degree in Public Administration from California State University, Long Beach. She is also a Senior Certified Professional with the Society of Human Resources (SHRM-SCP).

Dr. David H. Ready, Senior Consultant
David H. Ready brings to Ralph Andersen & Associates 30 years of executive local government experience. He is the only City Manager in the United States with the distinction of being both an Attorney and a Ph.D., bringing a high level of educational background to the craft of public administration. Dr. Ready conducts the full range of executive recruitments at all levels of positions within the local government with a specific interest and focus on city management and public safety.

Prior to joining Ralph Andersen & Associates, Dr. Ready served as the longest serving City Manager for Palm Springs, California, a full-service city, including Palm Springs International Airport. During this time, Dr. Ready led the City through extensive economic development projects including the downtown revitalization project, Airport and Convention Center expansions, and the creation of extensive public/private partnerships for housing and other economic retail opportunities throughout the City. Additionally, he successfully guided the organization during two economic recessions, including the COVID crisis, with balanced budgets for 21 consecutive years, while significantly increasing social services to address homelessness issues, and safety services adding 911 City Paramedic Units. He is also well versed in change management and providing strong leadership staff in order to deliver on long-range planning, strategic initiatives and short- and long-term financial forecasts for review by the policymakers. Prior to his tenure in Palm Springs, David served as City Administrator for a community in Michigan for eight years (1992 – 2000), managing all governmental services with over 1,400 employees.

Dr. Ready is also a lecturer and adjunct faculty member of the Cal State San Bernardino, Master of Public Administration Program. Over the past 15 years he has taught classes including #9..
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Administrative Leadership, Government and Business Relations, Local Government Administration, Local Economic Development, Administrative Regulation, Government in the Digital Age, Public Administration Theory, Public Policy Analysis, and Intergovernmental Relations. Additionally, he served as Chairman of the school’s Public Administration Advisory Board.

Mr. David M. Morgan, Senior Consultant
Mr. Morgan, Senior Consultant with Ralph Andersen & Associates, brings more than 35 years of public sector leadership and experience to the firm.

With a distinguished career as City Manager for the City of Anaheim, Mr.

Morgan oversaw California's 10th largest city (population 336,265) for eight years (2001 – 2009). In his role as City Manager, Mr. Morgan was responsible for a full-service city including implementing the policies established by the Anaheim City Council, overseeing the City's $1.3 billion budget, staff of 2,200 full-time and 1,000 part-time employees and shepherding the City's five-year $678 million Capital Improvement Budget.

He had a lead role in working with professional sports teams and facilities as well as overseeing the City’s Enterprise operations including the Convention Center and Electric and Water Departments.

During his career with the City of Anaheim beginning in December 1974, Mr. Morgan worked in many City Departments. From 1993 through 2001, as the Assistant City Manager, Mr. Morgan directly oversaw the City's Finance, Human Resources, Information Systems, Audit, Intergovernmental Relations, Convention Center, Stadium, Arena, Parks, Recreation, Library, and Community Services operations. Since retiring from Anaheim, he has taught at the Graduate level in Local Government Leadership and served as a consultant for local Government Agencies.

Mr. Morgan holds both a Bachelor's and Master's degree in public administration from California State University, Fullerton. Mr. Morgan is a member of the International City/County Management Association, and served as a Board Member for the California City Management Foundation. He also has been an adjunct faculty member for the Graduate Center for Public Policy and Administration at California State University, Long Beach.

Fred Wilson, Senior Consultant
Mr. Wilson, Senior Consultant with Ralph Andersen & Associates, brings more than 35 years of experience as a local government executive, including 21 years serving as City Manager of Huntington Beach and San Bernardino. Working in full-service cities, he brings a strong background in identifying and recruiting top quality executive staff. This experience gives Mr. Wilson a unique perspective to the needs of City Councils recruiting for City Managers.

In Huntington Beach, Mr. Wilson oversaw all aspects of city operations including City Finance, Human Resources, IT, Community Development, Police, and Fire services. Mr. Wilson has recruited and hired Department Directors in all of these key departments. His skills in identifying, recruiting, and retaining high quality employees, and talent management, coupled with succession planning, have contributed significantly to the successes of those organizations.

Under Mr. Wilson’s leadership, in 2018 Wallethub ranked Huntington Beach #1 in “Quality of Service.”
As a long-tenured local government executive, Mr. Wilson has extensive experience in all aspects of governance including organizational development, succession planning, municipal finance, community development, and general management. His experience includes working in organizations with different governance structures. Mr. Wilson has served on various League of California Cities Policy Committees, as well as on the advisory board in the School of Public Administration at California State University, San Bernardino. He is past president of the Orange #9..
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County City Managers’ Association and has been active on various advisory boards throughout his career.

Mr. Wilson holds a Bachelor of Science degree in Urban Planning from Cal Poly Pomona, and a Master’s degree in Public Administration from California State University, Northridge.

Mr. John Slaughter, Senior Consultant
Based in Texas, Mr. Slaughter, Senior Consultant, is available to lead and conduct recruitments throughout the Southwestern Region and nationally, as needed. Mr. Slaughter brings 33 years of local government experience to Ralph Andersen & Associates, most recently serving as County Manager of Nevada’s second most populous county where he was responsible for oversight of the county’s $634 million budget, providing the full range of county, municipal, regional, and inter-county services through 24 departments and 2,700 employees. Mr. Slaughter had direct responsibility for county finances, human resources, information technology, public works, community development, and parks, as well as coordinating with elected and commission appointed department heads responsible for criminal justice, public health, fire protection, and other aspects of county services. Mr. Slaughter recruited and hired department directors in all areas of county government and is recognized for his ability to recruit, develop, and retain high performing teams.

During his tenure in county government, Mr. Slaughter facilitated countywide information technology planning projects, jail overcrowding studies, fire protection studies, emergency medical services studies, studies of flexible staff scheduling, employee award programs, and team building. He has provided direct oversight and project vision to several programs recognized by the National Association of Counties in strategic planning, land use planning, elected official orientation, employee engagement and recognition, and organizational effectiveness.

Mr. Slaughter has extensive experience working with elected officials at all levels of government, including serving 12 years as the county’s liaison at the Nevada Legislature, where he coordinated legislative affairs activities and provided expert testimony to numerous legislative committees and commissions.

Mr. Slaughter holds a Bachelor of Science degree in Sociology and Anthropology from Emporia State University, and a Master of Urban Planning degree from the University of Kansas. He has also received the Continuing Education Certificate in Public Management from the University of Nevada, Reno. He is a member of the American Planning Association (APA), the American Institute of Certified Planners (AICP), and the International City/County Management Association. Additionally, Mr. Slaughter has maintained his AICP Certification throughout his public service career and has been extensively involved in economic development projects of significant size and complexity as well as major capital projects.

Mr. Jeff McMurdo, Consultant
Mr. McMurdo has over 23 years of human resources consulting experience and serves on a variety of project consulting teams involving executive search and human resources consulting. He is an experienced analyst and researcher having worked on hundreds of local government projects. He has conducted candidate research on dozens of successful recruitments. His duties include human resources consulting tasks involving job analysis and compensation as well as participating in all facets of the firm’s recruitments.
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Mr. McMurdo has worked successfully with community colleges and local government agencies. He holds a Bachelor of Science degree in Business Administration from California State University, Sacramento. His course work emphasized human resource management.

Paraprofessional and Support Staff
Paraprofessional, graphics, and support staff will provide administrative support to the search team on recruitment assignments. These may include:

Ms. Diana Haussmann, Recruitment Manager
Ms. Haussmann joined Ralph Andersen & Associates in 1998 and currently serves as a Recruitment Manager. Ms. Haussmann provides administrative and technical support to the Executive Search team, and is involved with the recruitment process from start to finish, working closely with the firm’s clients and candidates. Prior to joining Ralph Andersen & Associates, Ms.

Haussmann provided administrative support to the legal profession and also worked in the fast-paced world of title and escrow. Ms. Haussmann has more than 25 years of executive level administrative experience and holds an Associate of Arts degree in Legal Office Administration.

Ms. Hannah Jones, Senior Recruitment Coordinator
Ms. Hannah Jones joined Ralph Andersen & Associates as a Research Assistant and was quickly promoted to Senior Recruitment Coordinator. As a Senior Recruitment Coordinator, Ms. Jones provides support services to consultants on some of the firm’s most complex recruitments. Ms. Jones holds a Bachelor of Arts degree in History with coursework in Public Policy from William Jessup University. She has also completed coursework in History at the University of Oxford in the United Kingdom. Ms. Jones also holds a Master of Arts degree in Museum Studies from the University of Oklahoma.

Ms. Christen Sanchez, Senior Recruitment
Coordinator
Ms. Christen Sanchez as a Senior Recruitment Coordinator with Ralph Andersen & Associates and provides administrative support services to the Executive Search team. Prior to joining Ralph Andersen & Associates, Ms.

Sanchez provided administrative services as a Scheduling Coordinator for applied behavioral analysis services provided to children with developmental disabilities across the Central Valley and the Greater Sacramento area. Ms.

Sanchez holds a Bachelor of Arts degree in English from California State University, Stanislaus.

Tina Keller, Recruitment Assistant/Coordinator
Ms. Tina Keller joined Ralph Andersen & Associates as a Human Resources Analyst and was elevated to Recruitment Assistant/Coordinator. As a Recruitment Assistant/Coordinator, Ms. Keller provides assistance and scheduling to the Senior Recruitment Coordinators, working side by side with on many of the firm’s Executive searches. Additionally, Ms. Keller assists Consultants on research and scheduling needs. Prior to joining Ralph Andersen & Associates, Ms. Keller was a Human Resources Generalist in the Semi-Conductor industry in the Bay Area for 10 years. Ms. Keller holds a Bachelor of Arts degree in Speech Communication from San Jose State University
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Karen AllGood, Graphic Designer/Creative
Coordinator
Ms. Prior to joining Ralph Andersen & Associates, Ms. AllGood provided graphic design services as a Technical Illustrator for The Jones Group apparel production corporation; and provided administrative support services as a Legal Secretary for the Jones Day law firm. Ms. AllGood also served in the United States Navy. Ms. AllGood holds a Bachelor of Fine Arts degree in Marketing and Fashion Design from AIU, Atlanta, Georgia.

Teresa Heple, Contracts/Proposal Manager
Ms. Teresa Heple joined Ralph Andersen & Associates in 1981 and currently serves as a Contracts/Proposal Manager. Throughout her tenure with the firm, Ms. Heple has provided administrative and technical support to all of the firm’s operating divisions. Prior to joining Ralph Andersen & Associates, Ms. Heple provided administrative support to a capital investment firm and served in the United States Navy. Ms. Heple has more than 40 years’ experience in the field of administrative and executive level support. She holds an Associate’s degree from American River Community College.
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Project Timeline
Project Timing
Ralph Andersen & Associates will complete each search within 75 to 90 days (or less) from the execution of the agreement to the presentation of candidates. Negotiation with the top candidate will take an additional week or two after finalist interviews.

A brief overview of the typical recruitment schedule is presented below.

Month 1 Month 2 Month 3 Month 4
Week Week Week Week
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
Search firm selected
Consultant evaluates organization;
position criteria established
Candidates identified and screened
Consultant interviews and conducts
preliminary research
Consultant recommends candidates;
client selects finalists for interview
Client-candidate interviews
Preferred candidate selected;
negotiations
Executive Position hired
New Executive Position
begins
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Project Cost
Search efforts for the City of Modesto will be tailored to meet the unique needs of each recruitment effort. The following is a range of fees set forth by Ralph Andersen & Associates for searches to be initiated beginning May 2023:

City of Modesto
Recruitment Process
Responsible Entity
Fixed Fee
for Professional Services
and Expenses*
City Manager / Assistant City Manager /
City Attorney $35,000 – $50,000
Department Director $30,000 – $35,000
Department Director – Public Safety $35,000 – $50,000
Department Director – Technology $30,000 – $35,000
Department Deputy Director $25,000 – $30,000
Ralph Andersen & Associates reserves the right to adjust fees on an annual basis. *Note – Expenses included in this fixed fee include such items as advertising, consultant interaction (anticipated to be done primarily through videoconferencing), clerical, graphic design, research, and long-distance telephone charges. On top candidates, Internet and Lexis/Nexis searches will be conducted. Additionally, education verifications, DMV check, wants and warrants, civil and criminal litigation search, and credit check will be conducted on the top two candidates (with candidate approval) or only on the top candidate when a contingent offer is presented. Reference checks will be conducted on the top candidate. Should the City desire to conduct references calls on more than one candidate, a background fee of $1,800 per candidate will be billed in addition to the above stated fees. Included in the fixed fee are Professional Services for up to one trip by the Project Director to the City, the City would be invoiced for the actual cost of any travel related expenses. Should the City desire the Project Director to attend any additional in-person meetings, the fee of $2,500 per day plus expenses will be invoiced to the City in addition to the fixed fee stated above.

Invoicing for Services – Ralph Andersen & Associates will bill the City in four installments as follows:
• Following kick-off and finalization of recruitment brochure (Payment #1) • After the closing date (Payment #2)
• After finalist interviews (Payment #3)
• Upon placement (Payment #4)
Progress payments will be due upon receipt.

Brochure – A full color electronic profile (brochure) will be developed for the position being recruited.

All pictures will be the responsibility of the City. The City will also be responsible for ensuring that there are no copyright restrictions on the photographs supplied to Ralph Andersen & Associates and that the City will agree to pay any and all related charges or fines if a copyright violation is incurred either during the search itself or subsequently.
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The City of Modesto will be responsible for all candidate expenses related to on-site interviews.

Excluded for Law Executive Recruitments – California P.O.S.T. Certified Police Officer Background or any other investigative background required by the State of California for law executive level positions will be the responsibility of the City.

Ralph Andersen & Associates’ Guarantee
Ralph Andersen & Associates offers the industry-standard guarantee on our full search services.

If within a one-year period after appointment the “executive level position” of the City of Modesto resigns or is dismissed for cause, we will conduct another search free of all charges for professional services. The City would be expected to pay for the reimbursement of all incurred expenses.

Should the initial outreach efforts not result in a successful placement, Ralph Andersen & Associates will continue the outreach efforts until the ideal candidate is found. The City will be responsible for expenses based on actual receipts.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
Date: July 20, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bravaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Building Intrusion Alarm Services Agreement
CONTACT: Patrick Crowley, Facility Manager/Building Administration, Public Works [email protected], 209-342-2274
DESCRIPTION:

Consider an Agreement for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA, for a total amount not to exceed $83,998 over five years and forwarding to Council for approval. (Funding Source: Building Maintenance Fund) STRATEGIC PLAN ELEMENT:

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

The City of Modesto, Public Works Department, Building Services Division is responsible for maintaining facilities within the City of Modesto. There has not been a city-wide agreement for building intrusion alarms systems which includes monitoring, testing and maintenance or repair of alarm systems.

Through the issuance of an Invitation for Bid (IFB), the Facilities Division will be able to better manage the building intrusion alarm Services within the City of Modesto under a consolidated agreement rather than several different vendors handling different buildings. There will be the additional value of reduced costs through having a city-wide agreement.

DISCUSSION:

On September 14, 2021, the City Manager authorized the Purchasing Manager to solicit the procurement for Building Intrusion Alarm Systems. On November 4, 2022, the Purchasing #10..
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Finance Committee, August 21, 2023
Building Intrusion Alarm Services Agreement

Division issued Invitation for Bids (IFB) No. 2122-23RB for Building Intrusion Alarm Services on the City’s PlanetBids public bidding website under various commodity codes1. Prospective bidders were notified online and via email of the bid opportunity. Fourteen companies downloaded the IFB document from PlanetBids.

On March 28, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two vendors chose to respond no local bids were received and one vendor was deemed non-responsive. Based on providing the lowest responsive and responsible bid, City staff recommends awarding the Building Intrusion Alarm Service to Audeamus DBA Sebastian, Fresno, CA for a two-year Agreement with three one-year extension options for an estimated annual amount for the first year of $33,149 and a total amount not to exceed $83,998 over five years.

After reviewing the bids received, it was discovered that the quantities of inventory for each site location were inaccurate. The cost for replacement is less than what was expected.

Modesto Municipal Code Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code 8-3.203 City Staff recommends the award of bid for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA.

FISCAL IMPACT:

Below is a breakdown of estimated yearly expenses for Building Intrusion Alarm Services for various City properties. The agreement includes site location and inventory for year one in the amount of $25,632 for new site additions or substantive service changes. An additional $5,000 per year is being added to years two through five as an allowance for any maintenance and repairs that may be needed under this agreement. A 5% Consumer Price Index increase has been added for Years three, four, and five which are included in the Contracted Services pricing. Funds are budgeted in the Building Maintenance Fund with funding for contingency services being allocated at the time of approval.
168032 – Burglar Alarms, 93609- Alarm Equipment Maintenance/Repair (Fire, Etc.), 99005- Alarm Services, 99039 – Emergency Systems Monitoring Service to Include Alarms and Operational Readiness Reporting, 99050 – Installation of Security and Alarm Equipment, 28030- Control Cables and Wires, Solid and Stranded, single and multicolor (up to 600v, for use in boiler controls, Fire Alarms, Motors, Etc.), 28782 – Transmitters, Emergency Alarm Type (to incl. Equipment Operation Status Reporting), 34016- Fire Alarm Systems, Power Sirens, and Controls, 34080- Smoke Detecting Equipment (Inc. Smoke Alarms) Description Year 1 Year 2 Year 3 Year 4 Year 5 Total
Contracted Services $ 2,517 $ 2,517 $ 2,643 $ 2,775 $ 2,914 $ 13,366 Site Location & Inventory $25,632 $0.00 $0.00 $0.00 $0.00 $25,632 Contingency Funds $ 0.00 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 20,000 Maintenance and Repair $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 25,000 Total $ 33,149 $ 12,517 $ 12,643 $ 12,775 $ 12,914 $ 83,998 #10..
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Finance Committee, August 21, 2023
Building Intrusion Alarm Services Agreement

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Award of Bid and Agreement for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $33,149 for the first year and a total amount not to exceed $83,998 over five years, with any new site additions, removals or substantive service changes to be authorized by the Director of Finance, or her designee, and forwarding to Council for approval.

Approved by:

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

1. Exhibit A - Agreement

2. Exhibit B – Bid Submittal

3. Exhibit C – IFB 2122-23RB

4. Cost Abstract
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1 ANNUAL AGREEMENT #247456 – BUILDING INTRUSION ALARM SERVICES This agreement, hereinafter called AGREEMENT #247456, 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 Audeamus DBA Sebastian, a California Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-______authorizing the Award of Bid and agreement for the BUILDING INTRUSION ALARM SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the BUILDING INTRUSION ALARM SERVICES as described in IFB 2122-23RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and #10..
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2 insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount for the first year of $33,149. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $83,998. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING

MONITORING
Site Quarterly Monitoring
Maddux Youth Center
Maddux#1
615 Sierra Drive $104.85 total
Mary Grogan Park
MGP#1
3601 Litt Road $104.85 total
McHenry Mansion
Mansion
906 15th Street $104.85 total
McHenry Museum
Museum#1
1402 I Street $104.85 total
Senior Citizen Center
SSC#1
211 Bodem Street $104.85 total
Airport Terminal
Airport
617 Airport Way $104.85 total

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3 SITE LOCATION AND INVENTORY

SITE SITE
NAME
MOTION
DOOR
GLASS

VIDEOFIED

ROLL UP

KEYPADS
PANIC

COST PER SITE
Maddux Youth
Center
615 Sierra Drive
MADDUX#1
8 14 4 0 1 3 0 $3,181.00
Mary Grogan
Park
3601 Litt Road
MGP#1
4 9 0 12 0 2 0 $11,162.00
McHenry
Mansion 906
15th Street

MANSION
21 4 2 0 0 2 3 $4,464.00
McHenry
Museum 1402 I
Street
MUSEUM#1
12 12 2 0 0 2 3 $3,362.00
Senior Citizen
Center
211 Bodem
Street
SCC#1 6 10 0 0 0 1 2
$1,753.00
Airport Terminal
Airport
617 Airport Way
AIRPORT 0 0 0 0 0 6 0
$1710.00
Total
$25,632.00

PARTS COST

MAINTENANCE AND REPAIR

BUSINESS HOURS HOURLY RATE
Hourly Technician Rate $150.00
Hourly Helper Rate (Helper must be approved by City before Invoiced) $125.00 Item Description Cost per Each
1 Motion Sensor $158.00
2 Door Sensor $40.00
3 Glass Sensor $118.00
4 Video $800.00
5 Roll Up Door Sensor $30.00
6 Keypads $285.00
7 Panic Button $60.00
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4 AFTER BUSINESS HOURS HOURLY RATE
Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) $200.00 Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) $165.00 *THE PAYMENT OF PREVAILING WAGE IS REQUIRED FOR ALL MAINTENANCE SERVICE

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit C are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: _477600______

3. CITY REPRESENTATIVE:

CITY Representative is:

Patrick Crowley, Facilities Manager Phone: (209) 342-2274 Holly Gonzales, Buyer Phone: (209) 341-2908
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. #10..
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5 4. 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 1: September 19, 2023, through September 18, 2024
Year 2: September 19, 2024, through September 18, 2025
Year 3: September 19, 2025, through September 18, 2026
Year 4: September 19, 2026, through September 18, 2027
Year 5: September 19, 2027, through September 18, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 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, at least 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 via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general affrefate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate #10..
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6 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; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s 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.

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

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR “Net 30 terms via CITY’s ePay Program”. 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:
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 CITY department/division name and address
 Billing period
 Service hours worked day and week
 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 #10..
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8 death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

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 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.

9. 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.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2023-____;
b. CONTRACTOR Bid submittal;
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9 c. IFB No. 2122-23RB;
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination for Default: 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 nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

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 subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, #10..
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10 specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
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 SERVICES.
i. 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 CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise 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 SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES 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 for such #10..
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11 SERVICES.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, 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. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES 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 SERVICES not corrected or completed.

14. ASSIGNMENT OF RIGHTS:

The 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 acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY #10..
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12 makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. DIR REGISTRATION:

Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

18. 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: Audeamus DBA Sebastian
7600 N. Palm Avenue
Fresno, CA 93711
Jacob Duncan, Director of Sales & Marketing
[email protected]
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13 Phone: (559) 432-5800
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.

19. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

20. QUANTITIES:

No minimum or maximum is guaranteed or implied.

21. 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.

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed 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), sexual #10..
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14 orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed 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 any allowed 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 any allowed subcontracts to perform SERVICES. 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 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 AGREEMENT.

E. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable #10..
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15 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.

24. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. RECORDS.

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the CITY and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

27. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in #10..
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16 any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

28. DRUG FREE WORKPLACE:

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

29. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

30. 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.

31. HEADINGS NOT CONTROLLING:

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

32. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

33. 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 bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, #10..
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17 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.

34. 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 by its City Manager and attested by its City Clerk under authority of Resolution No. 2023_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and _____________________has caused this Agreement to be duly executed.

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1 INVITATION FOR BIDS NO. 2122-23RB
FOR

BUILIDING INTRUSION ALARM SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED FOR ALL MAINTENANCE

SERVICE
MANDATORY ON-SITE VISIT:

To be held on:

November 14, 2022 at 9:00 A.M.

BID OPENING: December 13, 2022 at 11:00 A.M.

CITY OF MODESTO CONTACT: KIM PRESSON, BUYER
E-MAIL ADDRESS: [email protected]
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2 TABLE OF CONTENTS
Page
. Notice to Bidders................................................................................................................ 3 . City Contacts...................................................................................................................... 5 . Calendar of Events............................................................................................................. 5 . Precedence ......................................................................................................................... 5 . Virtual Bid Opening........................................................................................................... 6 .

GENERAL REQUIREMENTS
. Bid Submittal...................................................................................................................... 7 . Acceptance/Rejection of Irregular Bids............................................................................. 7 . Complete Bid Document.................................................................................................... 7 . Compliance/Non-Compliance............................................................................................ 8 . Pricing Format.................................................................................................................... 8 . Award of Bid...................................................................................................................... 8 . Prevailing Wages ……………………………………………………………………… 9
.
. Protest and Appeal Procedures....................................................................................10-13 . Bid Submittal Checklist ................................................................................................... 14 REQUIRED BID SUBMISSION DOCUMENTS (Sign Wherever Indicated) . Bid Form A – IFB Acknowledgement…………………………………….………… 16 . Bid Form B – Bidder Company Information..............................................................19-20 . Bid Form C - Pricing Schedule...................................................................................21-23 . Bid Form D – Bidder Exceptions, Clarifications, Amendments..................................... 24 . Bid Form E – Bidder Customer References...............................................................25-26 . Bid Form F - Financial Interest Disclosure.................................................................27-28 . Bid Form G – Local Business Preference Declaration.................................................... 29 . Bid Form H – Bidder Company History Statement ....................................................... 30 . Bid Form I - Addenda Acknowledgement....................................................................... 31 . Bid Form J – Bidder Warranty Statements...................................................................... 32 . Bid Form K – Bidder Experience and Certifications....................................................... 33 . Bid Form K - Subcontractors List.................................................................................... 34

TECHNICAL REQUIREMENTS
. Scope of Work.................................................................................................................. 35 . Required Licenses............................................................................................................ 36 .

ATTACHMENTS
. Sample Annual Agreement ........................................................................................37-53 #10..
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INVITATION FOR BIDS # 2122-23RB

BUILDING INTRUSION ALARM SEVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Building Alarm for the City of Modesto, Public Works Building Services, Public Works Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).

Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to December 13, 2022 at 11:00 A.M., at which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public, but may be viewed simultaneously via video conferencing in the manner provided for herein. 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. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #10..
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INVITATION FOR BIDS # 2122-23RB

BUILDING INTRUSION ALARM SEVICES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2022-23RB
BID OPENING DATE: DECEMBER 13, 2022 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

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 its Bid for a period of 90 days after the date set for the opening thereof. #10..
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5 CALENDAR OF EVENTS
Event Date
IFB Issued November 2, 2022
Mandatory Bid Walk November 14, 2022
Written Questions November 18, 2022
Addendum Issued (if required) November 23, 2022(approximate date) Bid Due Date & Time BEFORE 11:00 A.M. on Tuesday, December 13, 2022 Contract Award Approximately February - March

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB 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 a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #10..
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6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, December 13, 2022. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?conte xt=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-189f876ff90b%22%2c%22Oid%22%3a%229715c333- c997-4dd7-8984-12cd4deaa705%22%7d
Click here to join the meeting
1+ (469) 998-7409
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Kim Presson, by email at [email protected] or telephone (209) 577-5375.
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7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus three copies of the signed original Bid document, and one 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 TWO “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may 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.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample 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 provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

E. CITY 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.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Local Business Preference Declaration
• Bid Form H – Bidder Company History Statement
• Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
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8 • Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form 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.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• 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 pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any 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 or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right #10..
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9 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.

J. LOCAL BUSINESS PREFERENCE DECLARATION: Should the Bidder that submits the lowest responsive Bid or 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 5%of the lowest Bid, 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 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.

K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to 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 the Contractor, its agents, officers, employees, and 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 for Contractor to procure and maintain a policy of insurance. 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 will be apportioned to Contractor in accordance with the provisions contained in indemnity.

L. PREVAILING WAGE: Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120 M. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. #10..
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10 • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

N. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"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 a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. #10..
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11 • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance 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: Director of Finance
PO Box 642
Modesto CA 95353
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12 b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. 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 records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further 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
d. 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 ten 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’s decision on the appeal shall be final.

All protest appeals to the City Council 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
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13 Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 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, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

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

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made 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. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, 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 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. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #10..
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14 BID SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:

COMPLETE BID ELEMENTS 
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Local Business Preference Declaration
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #10..
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15 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:

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 IFB, 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 City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the Bidder or the IFB 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 by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement 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 unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.
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16 6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.

7. Rights and Remedies of City 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 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 Bidder, or send an invoice to the Bidder 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 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 City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.

Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net #10..
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17 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City 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 Services, 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 under a contract or purchase order resulting from this Bid.

11. Two “Inked” Signed Original Bids Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copies and one electronic document recorded onto a USB storage device.

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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18 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Email:

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
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19 not required until any
contract begins):

M. State of California
Contractor License
Number and Expiration
Date (if available):

N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and Expiration
Date (if available):
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20 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

QUARTERLY MONITORING
Site Quarterly Monitoring
Maddux Youth Center
Maddux#1
615 Sierra Drive $_______total
Mary Grogan Park
MGP#1
3601 Litt Road $_______total
McHenry Mansion
Mansion
906 15th Street $_______total
McHenry Museum
Museum#1
1402 I Street $_______total
Senior Citizen Center
SSC#1
211 Bodem Street $_______total
Totals $_______total

SITE LOCATION AND INVENTORY

SITE SITE
NAME
MOTION
DOOR
GLASS

VIDEOFIED

ROLL UP

KEYPADS
PANIC

COST PER SITE
Maddux Youth
Center
615 Sierra Drive
MUDDUX#1
8 14 4 0 0 3 0 $
Mary Grogan Park
3601 Litt Road
MGP#1
4 9 0 12 0 2 0 $
McHenry Mansion
906 15th Street

MANSION
21 4 2 8 0 2 3 $
McHenry Museum
1402 I Street
MUSEUM#1
12 12 2 0 0 2 3 $
Senior Citizen
Center
211 Bodem Street
SCC#1 6 10 0 0 0 1 2
$
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21 PARTS COST

MAINTENANCE AND REPAIR

BUSINESS HOURS HOURLY RATE
Hourly Technician Rate
Hourly Helper Rate (Helper must be approved by City before Invoiced)

AFTER BUSINESS HOURS HOURLY RATE
Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) *THE PAYMENT OF PREVAILING WAGE IS REQUIRED FOR ALL MAINTENANCE SERVICE Item Description Cost per Each
1 Motion Sensor $
2 Door Sensor $
3 Glass Sensor $
4 VideoFied $
5 Roll Up Door Sensor $
6 Keypads $
7 Panic Button $
Total Cost for 1-7 $
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22 Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or • Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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23 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.

Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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24 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. 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 Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission 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 or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
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25 Governmental
Agency:

Date Range of
Services:

Annual Contract Value$
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number: Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value$
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value$
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26 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, 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 City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

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 Bidder 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.

Print Names of Persons Having a Financial Interest in Bidder Receiving this Contract:
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27 First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:

BID FORM G - LOCAL BUSINESS PREFERENCE DECLARATION
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote #10..
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28 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 of the lowest Bidder in writing within five 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.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

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.

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

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

Print/Type Name:

Title:

Signature:

Date:
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29 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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30 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB, and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
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31 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

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

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience.

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include. i. Contractor shall have at minimum an active Contractor’s License with Classification C-7 & C-10 #10..
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33 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:
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34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto is seeking bids for a contractor to provide building intrusion alarm services at various City of Modesto facilities.

A. Minimum Qualifications: The successful Contractor shall have a minimum of five (5) years’ experience providing intrusion alarm system services for commercial sites. The successful Contractor shall have the technical capability and employ a sufficient number of trained technicians to meet the needs of the City. 1) Contractor shall provide monitoring for all intrusion security systems 24 hours per day, 7 days per week.
2) Contractor shall be available by telephone to acknowledge a service call(s) within five (5) minutes of report of an intrusion detection.
3) Contractor shall physically respond to the site within two (2) hours of report of an equipment failure notification, for emergency repairs.
4) Contractor shall make service available 24 hours per day, 7 days per week.

B. The successful proposer shall furnish the following services:
1) The Contractor shall provide electronic monitoring of building intrusion alarm systems installed at locations listed in the Form C - Pricing Schedule (pg. 21-22), under task orders authorized in writing by the City Project Manager.
2) The City shall provide the Contractor with a monthly call list for notification purposes. In the event of an alarm condition generated by any sensor, the Contractor shall immediately notify the City of the situation within 2-minutes. Successful proposer will receive contact information and procedures to follow.
3) The Contractor shall be responsible for the operation and maintenance of communicators at the identified locations, but shall not be responsible for the maintenance of City telephone lines. 4) Within thirty (30) days of award, the awarded vendor will complete a facility walk through with a City representative. It shall be the responsibility of the Contractor to evaluate all existing monitoring equipment or circuits to determine if it is compatible with their monitoring services and provide the City with a quote for all items that need to be updated. After the initial walk through and work is updated, all reprogramming costs and incompatible equipment shall be replaced at contractor’s expense.

Note: All equipment replaced or installed by the Contractor shall become property of the City of Modesto upon completion of installation.
5) No additional services or work shall be performed by the Contractor, unless approved in advance by the City, stating the dollar value of the services and method of payment. #10..
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35 6) If the City authorizes additional services or work to be performed by the Contractor, a separate purchase order will be issued specifically for the single job requested; and all intrusion alarm equipment installed shall meet applicable building code requirements, UL specifications for alarms, to include State and Federal requirements for commercial business alarm applications.

Note: No additional services or work shall proceed prior to the issuance of the separate purchase order.

The Contractor will bill the City on a separate invoice for other authorized work performed and shall include the purchase order number on the invoice. All such services are to be coordinated with the City and results of the work shall be monitored by the primary point of contact. The means by which the work is accomplished shall be the sole responsibility of the Contractor. 7) The contractor shall provide costs for any additional services requested by the City of Modesto.

Requested services will be installed within 30 days of approval from the City of Modesto.

1.2 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 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.3 CALIFORNIA CONTRACTORS LICENSE: If the Bidder is furnishing any labor or service including installation or maintenance, the Bidder shall be registered as a contractor with the Department of Industrial Relations and possess the appropriate California Contractor's license(s) at the time the Bid is submitted. A contract shall not be awarded to a Bidder that is not registered with the Department and Industrial Relations or 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. Bidder shall indicate its license(s) number and expiration date on the Pricing Schedule.
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36 SAMPLE AGREEMENT

SAMPLE ANNUAL AGREEMENT - SERVICES
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 _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-xx authorizing the Award of Bid and agreement for the BUILDING INTRUSION ALARM SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the BUILDING INTRUSION ALARM SERVICES as described in IFB 2122-23RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:
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37 a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING

MONITORING
Site
Quarterly Monitoring
Maddux Youth Center
Maddux#1
615 Sierra Drive $_______total
Mary Grogan Park
MGP#1
3601 Litt Road $_______total
McHenry Mansion
Mansion
906 15th Street $_______total
McHenry Museum
Museum#1
1402 I Street $_______total
Senior Citizen Center
SSC#1
211 Bodem Street $_______total
Totals $_______total
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38 SITE LOCATION AND INVENTORY

SITE SITE
NAME
MOTION
DOOR
GLASS

VIDEOFIED

ROLL UP

KEYPADS
PANIC

COST PER SITE
Maddux Youth
Center
615 Sierra Drive
MUDDUX#1
8 14 4 0 0 3 0 $
Mary Grogan
Park
3601 Litt Road
MGP#1
4 9 0 12 0 2 0 $
McHenry
Mansion 906
15th Street

MANSION
21 4 2 8 0 2 3 $
McHenry
Museum 1402 I
Street
MUSEUM#1
12 12 2 0 0 2 3 $
Senior Citizen
Center
211 Bodem
Street
SCC#1 6 10 0 0 0 1 2
$

PARTS COST
Item Description Cost per Each
1 Motion Sensor $
2 Door Sensor $
3 Glass Sensor $
4 VideoFied $
5 Roll Up Door Sensor $
6 Keypads $
7 Panic Button $
Total Cost for 1-7 $
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39 MAINTENANCE AND REPAIR

BUSINESS HOURS HOURLY RATE
Hourly Technician Rate
Hourly Helper Rate (Helper must be approved by City before Invoiced)

AFTER BUSINESS HOURS HOURLY RATE
Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) *THE PAYMENT OF PREVAILING WAGE IS REQUIRED FOR ALL MAINTENANCE SERVICE

2. PREVAILING WAGES:
. In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
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40 DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

CITY Representative is:
________________________ ____________________________
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 years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: 2023 through 2024
Year 2: 2024 through 2025
Year 3: 2025 through 2026
Year 4: 2026 through 2027
Year 5: 2027 through 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 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 #10..
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41 insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 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 via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurnace or other form with general aggregate limit is used, either the general affrefate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurarence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s 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. #10..
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42 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.

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 CITY’s Risk Manager.

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

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. 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:
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43 • This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• 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. 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. VENUE & GOVERNING LAW:

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 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.

9. 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. #10..
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44 10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after receipt of the Notice to Proceed for this AGREEMENT. The Notice to Proceed shall not be issued until the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2022-23RB;
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination for Default: 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 nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

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 #10..
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45 termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
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 SERVICES.
i. 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 #10..
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46 CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise 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 SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES 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 for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, 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. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
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47 c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES 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 SERVICES not corrected or completed.

14. ASSIGNMENT OF RIGHTS: The 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 acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. DIR REGISTRATION: Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR #10..
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48 fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

18. 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.

19. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

20. QUANTITIES: No minimum or maximum is guaranteed or implied.

21. 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.
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49 22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed 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), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed 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 any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
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50 c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. 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 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 AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be 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.

24. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. RECORDS. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this #10..
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51 AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT. Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

27. INDEPENDENT CONTRACTOR; NOT AGENT. At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

28. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

29. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

30. WAIVER:
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52 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.

31. HEADINGS NOT CONTROLLING:

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

32. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

33. 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 bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES 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.

34. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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53 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 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: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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ITEM # ITEM/DESCRIPTION Per Month
Sites Quarterly Quarterly
1 Maddux Youth Center 1 Quarterly $104.85 $104.85 1 $0.00 2 Mary Grogan Park 1 Quarterly $104.85 $104.85 1 $0.00
3 McHenry Mansion 1 Quarterly $104.85 $104.85 1 $0.00
4 McHenry Museum 1 Quarterly $104.85 $104.85 1 $0.00
5 Senior Citizen Center 1 Quarterly $104.85 $104.85 1 $0.00 6 Airport Terminal 1 Quarterly $104.85 $104.85 1 $0.00
$629.10 $0.00
$0.00 $0.00
SUBTOTAL $629.10 $0.00
SALES TAX 8.875% $0.00 $0.00
SHIPPING $0.00 $0.00
TOTAL: $629.10 $0.00

PARTS/DESCRIPTION
Motion Sensor 1 $158.00 $158.00 $0.00 $0.00
Door Sensor 1 $40.00 $40.00 $0.00 $0.00
Glass Sensor 1 $118.00 $118.00 $0.00 $0.00
VideoFled 1 $800.00 $800.00 $0.00 $0.00
Roll Up Door Sensor 1 $30.00 $30.00 $0.00 $0.00
Keypads 1 $285.00 $285.00 $0.00 $0.00
Panic Button 1 $60.00 $60.00 $0.00 $0.00
$1,491.00 $0.00
$0.00 $0.00
SUBTOTAL $1,491.00 $0.00
SALES TAX 8.875% $132.33 $0.00
SHIPPING $0.00 $0.00
TOTAL: $1,623.33 $0.00
Audeamus DBA Sebastian *BHP Requiem, Inc
Audeamus DBA Sebastian
Fresno, CA
*BHP Requiem, Inc
Antioch, CA

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
RFB 2122-23RB Building Intrusion Alarm
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MAINTENANCE AND REPAIR
BUSINESS HOURS Hourly Rate Hourly Rate
Hourly Technician Rate 1 $150.00 1 $0.00
Hourly Technician Rate ( Helper must be approved by City before Invocied) 1 $125.00 1 $0.00

AFTER BUSINESS HOURS
Emergency Hourly Technician Rate (Not to exceed 1 1/2 x business hour rate) 1 $200.00 1 $0.00 Emergency Hourly Technician Rate (Not to exceed 1 1/2 x business hour rate) 1 $165.00 1 $0.00 $0.00
*THE PAYMENT OF PREVAILING WAGE IS REQUIRED FOR ALL MAINTNANCE SERVICE SITE LOCATION & INVENTORY Site Name Motion Door Glass Video Roll up 1 Maddux Youth Center - 615 Sierra Drive MADDUX#1 8 14 4 0 1 2 Mary Grogan Park - 3601 Litt Road MGP#1 4 9 0 12 0
3 McHenry Mansion - 906 15th Street MANSION 21 4 2 0 0
4 McHenry Museum - 1402 I Street MUSEUM#1 12 12 2 0 0
5 Senior Citizen Center - 211 Bodem Street SCC#1 6 10 0 0 0 6 Airport Terminal - 617 Airport Way AIRPORT

OVERALL COST
Audeamus
DBA
Sebastian
*BHP
Requiem
Quarerly Monitoring $629.10 $0.00
Site Location & Inventory $25,632.00
$26,261.10 $0.00
*Non-Responsive BHP Requiem
Audeamus DBA
Sebastian Fresno, CA
*BHP Requiem, Inc
Antioch, CA
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Adeaums DBA
Sebastian
*BHP
Requiem, Inc
Keypad Panic Cost Per Site Cost Per Site
3 0 $3,181.00
2 0 $11,162.00
2 3 $4,464.00
2 3 $3,362.00
1 2 $1,753.00
6 $1,710.00
$25,632.00 $0.00
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
Date: July 28, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Authorize staff to submit applications to federal, state, and local agencies or organizations for applicable solid waste and compost grants CONTACT: Rosene Nguyen, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:

Consider the submittal of application(s) to Federal, State, and Local agencies or organizations for applicable Solid Waste and Compost Grants and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the Council’s Strategic Plan (2020-2025) Area - Quality of Life: “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto;” Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:

The City of Modesto Solid Waste Division is funded by solid waste rates collected from residential, commercial, and industrial accounts in the City of Modesto. Roughly 50% of the division’s budget also comes from grants issued by federal, state, and local agencies and organizations. Staff aims to use solid waste rates to fund core operations of the division and use grants to fund special waste programs or required environmental activities, thereby reducing the financial burden of those programs on rate payers.

In accordance with Administrative Directive (AD) 7.2: Grant Management, staff aggressively pursues grants that are consistent with City Strategic Commitments and that fund projects that the City might not otherwise be able to afford. Currently, grant funds support programs for household hazardous waste disposal, tire recycling, motor oil and filter recycling, recent state regulations, local blight abatement programs, and community outreach. #11..
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Finance Committee, August 21, 2023
Authorize staff to submit applications to federal, state, and local agencies or organizations for applicable solid waste and compost grants

DISCUSSION:

AD 7.2 requires that grants over $100,000 or that require local match be approved by City Council prior to applying. Grant application schedules can be short from the notice of funding to the application deadline; in some cases, that schedule is as little as four to six weeks. The Solid Waste Division has been unable to apply for grants that are within its scope and goals due to the time required to take applications to City Council.

To best utilize public resources and to pursue grant funding for non-essential Solid Waste functions, staff requests approval to apply for grants offered by federal, state, and local agencies or organizations that fall within the following major division goals:
 Investments in waste processing or compost operations  Education, outreach, or public engagement activities
 Special waste disposal options, including tires, household hazardous waste, motor oil or filters, and other similar materials
 Compliance with waste management mandates
 One-time or special circumstance waste programs
FISCAL IMPACT:

Applying for federal, state, and local agency or organizations’ grants does not commit the City to any financial obligations and this item is administrative in nature. If awarded, staff will return to Council for approval to accept grant funding.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the submittal of application(s) to Federal, State, and Local agencies or organizations for applicable Solid Waste and Compost Grants, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms, and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
Date: July 26, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Authorize staff to submit applications to waste tire program grants offered by the California Department of Resources Recycling and Recovery CONTACT: Rosene Nguyen, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:

Consider the Submittal of Application(s) to Waste Tire Program Grants offered by the California Department of Resources Recycling and Recovery and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the Council’s Strategic Plan (2020-2025) Area - Quality of Life: “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto;” Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:

The City of Modesto Solid Waste Division is funded by solid waste rates collected from residential, commercial, and industrial accounts in the City of Modesto. Roughly 40% of the division’s budget also comes from grants issued by federal, state, and local agencies and organizations. Staff aims to use solid waste rates to fund core operations of the division and use grants to fund special waste programs or required environmental activities, thereby reducing the financial burden of those programs on rate payers.

DISCUSSION:

The largest source of grant funding for the Solid Waste Division is the California Department of Resources Recycling and Recovery (CalRecycle). CalRecycle funds waste tire grant programs designed to reduce the number of tires going to landfill and eliminate the practice of stockpiling tires. Tire grant programs include:
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Finance Committee, August 21, 2023
Authorize staff to submit applications to waste tire program grants offered by the California Department of Resources Recycling and Recovery

 Waste tire clean up grants, which provide funding for collection, removal, transportation, and recycling of waste tires due to illegal dumping;
 Waste tire amnesty grants, which provide funding to collect waste tires at recycling events or convenient locations;
 Rubberized pavement grants, which provide funding for rubberized asphalt concrete projects;
 Tire-derived aggregate grants, which provide funding to utilize tire-derived aggregate as engineering alternatives;
 Tire-derived product grants, which provide funding for products made of 100% waste tires; and,
 Waste tire enforcement grants, which provide funding for waste tire enforcement activities.1
In the previous ten years, the City received over $650,000 in funding from CalRecycle waste tire program grants, which allowed the City to recycle residents’ tires for free, remove tires dumped in public spaces, and enforce state regulations on tire stockpiles and disposal. The Solid Waste Division will continue to apply for grant programs that support these and other relevant programs in accordance with the goals stated in the City’s Strategic Plan and policies stated in Administrative Directive 7.2 – Grant Management.

FISCAL IMPACT:

Applying for CalRecycle grants does not commit the City to any financial obligations and this item is administrative in nature. If awarded, staff will return to Council for approval to accept grant funding.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Submittal of Application(s) to Waste Tire Program Grants offered by the California Department of Resources Recycling and Recovery, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms, and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
1 https://calrecycle.ca.gov/tires/grants/
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
Date: June 8, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Award of Bid and Agreement for Painting Services at the Modesto City-County Airport
CONTACT: Gabe da Silva, Airport Manager [email protected] 209-577-5319 DESCRIPTION:

Consider the Award of Bid for Painting Services to HB Restoration, Rio Linda, CA at the Modesto City-County Airport for a two-year Agreement with three one-year extension options, for an annual estimated amount of $50,000 and a total amount not to exceed $250,000 over five years and forwarding to Council for approval. (Funding Source: Stanislaus County Aircraft Tax Fund)
STRATEGIC PLAN ELEMENT:

This item is in conformance with the City of Modesto Strategic Plan Area: Economic Vitality Goals and Strategies. “Retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation”; Goal F: “Build and promote a recognizable and desirable identity for the City of Modesto”.

BACKGROUND:

The Modesto City-County Airport (Airport) operates for the benefit of businesses, industries, visitors and residents in the City of Modesto, Stanislaus County, and the surrounding areas. To ensure that the Airport is maintained and developed in such a manner that it will continue to be a high-quality aviation facility for its users, it is important to preserve and maintain the current infrastructure, extending the life and functionality of the facilities.

The Airport has 140 hangars that are leased to tenants for recreational flying, private business use and aviation related business. There are two aviation-based museums to commemorate, educate and inspire aviation. Aircraft management, fueling, avionics and charter services are provided by businesses that occupy the seven corporate hangars. #13..
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Finance Committee, August 21, 2023
Award of Bid and Agreement for Painting Services
at the Modesto City-County Airport

63500 Painting Equipment and Accessories, 90910 Airport Facility Construction; 90911 Airport Facility Maintenance and Repair, 91054 Painting, Maintenance and Repair Services, 91461 Painting and Wallpapering, 93400 Equipment Maintenance and Repair DISCUSSION:

Each year, the Airport receives approximately $180,000 in revenue from Aircraft Taxes. The Stanislaus County Aircraft Tax Fund is used to make improvements to the Airport. Exposure to the elements and age has taken a toll on the hangars at the Airport, creating rust and a nondesirable appearance. Each year, the Airport has been painting one to two rows of hangars to extend the life of these structures. These services include rust treatment and conversion as well as priming and multiple coats of paint. This standing agreement will preserve City resources by eliminating a need to complete the purchasing process each year.

On February 14, 2023, the Purchasing Division issued Invitation for Bids (IFB) 2223-22 for Painting Services for Airport Facilities on the City website under commodity codes (1). Three hundred fifty-nine prospective bidders were notified online and via email of the bid opportunity.

Thirty companies downloaded the IFB Document. On February 27, 2023, we held a mandatory on-site visit 13 bidders attended. On March 21, 2023, five bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. The initial low bidder Aiden’s Quality Painting out of Santa Clara, CA notified the Purchasing Division on May 15, 2023, they would like to withdraw from the running due to realizing after another site visit on May 11, 2023, they had mistakenly bid the project incorrectly. With their withdrawal, the next lowest bidder was selected HB Restoration out of Rio Linda, CA.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures. An Award of Bid and Agreement for Painting Services for the Airport to use to HB Restoration, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and HB Restoration was the lowest responsive and responsible bidder.

FISCAL IMPACT:

This recommended agreement is accounted for annually out of the Stanislaus County Aircraft Tax Fund and does not affect the Airport Operating Budget or the General Fund.

Five Year History of Hangar Painting Expenditures beginning in 2019 Hangar Rows A and D $ 41,000
Hangar Row C $ 18,400
Hangar Row B $ 18,550
Hangar Row E $ 19,750
Hangar Rows F and J $ 43,450
Total $ 141,150
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Award of Bid and Agreement for Painting Services to HB Restoration, Rio Linda, CA, for a two-year Agreement with three one-year extensions options, for an annual estimated amount of $50,000 and a total amount not to exceed $250,000 over five years, and approving the City Manager, or his designee, to sign the Agreement and forwarding to Council for approval.
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Finance Committee, August 21, 2023
Award of Bid and Agreement for Painting Services
at the Modesto City-County Airport

63500 Painting Equipment and Accessories, 90910 Airport Facility Construction; 90911 Airport Facility Maintenance and Repair, 91054 Painting, Maintenance and Repair Services, 91461 Painting and Wallpapering, 93400 Equipment Maintenance and Repair Approved by:

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

1. Agreement and Exhibits

2. Cost Abstract

3. City Initiation for Bid (IFB)

4. IFB for awarding Bidder
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1 ANNUAL AGREEMENT NO 249568

PAINTING SERVICES FOR AIRPROT FACILITIES
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 HB Restoration, Inc, a California Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. XXXX-XX authorizing the Award of Bid and agreement for the PAINTING SERVICES FOR AIRPORT FACILITIES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the PAINTING SERVICES FOR AIRPORT FACILITIES as described in IFB 2223-22, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $50,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $250,000. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
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3 AGREEMENT PRICING
The payment of Prevailing Wages is required for this project.

PRICE TABLE
Item No. Description A Description B Price Per Service
A1 Hanger G Pressure wash, rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$25,600.00 /Service
A2
Hanger H Pressure wash, rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$22,800.00 /Service
A3
Hanger I Pressure wash, rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$22,800.00 /Service
A4
Hanger L Pressure wash, rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$22,800.00 /Service
A5
Hanger K Pressure wash, rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$20,800.00 /Service
Total Items: $114,800.00 /Total
Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
$62.64 /HR $0.95 /HR 25 % $ 79.48 /HR
$ /HR $ /HR % $ /HR
$ /HR $ /HR % $ /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file. #13..
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4 2. PREVAILING WAGES:
. In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: 470638

3. CITY REPRESENTATIVE:

CITY Representative is:

Gabe da Silva, Airport Manager (209) 577-5319
CITY Purchasing is:

Kim Presson, Buyer (209) 577-5375
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5 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 years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: August 01, 2023 through July 31, 2024
Year 2: August 01, 2024 through July 31, 2025
Year 3: August 01, 2025 through July 31, 2026
Year 4: August 01, 2026 through July 31, 2027
Year 5: August 01, 2027 through July 31, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given #13..
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6 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. 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; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s 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.
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7 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 CITY’s Risk Manager.

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

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. 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:
• This AGREEMENT number 249568
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• 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, #13..
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8 judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

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 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.

9. 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.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2223-XX;
b. CONTRACTOR Bid submittal;
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9 c. IFB No. 2223-22;
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination for Default: 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 nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

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 subcontracts except as necessary to complete any portion of the SERVICES that are 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 #13..
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10 of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
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 SERVICES.
i. 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 CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise 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 #13..
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11 SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES 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 for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, 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. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES 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 SERVICES not corrected or completed. #13..
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12 14. ASSIGNMENT OF RIGHTS: The 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 acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. DIR REGISTRATION: Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

18. 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 #13..
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13 week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: HB Restoration, Inc
5907 26th Street
Rio Linda, CA 95673
Dimitries P. Rozakis, CEO
Phone: (916)-308-5193
Email: [email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Kim Presson, Buyer
Phone: (209) 577-5375
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

20. QUANTITIES: No minimum or maximum is guaranteed or implied.

21. 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.

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply. #13..
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14 23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed 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), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed 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 any allowed 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 any allowed subcontracts to perform SERVICES. 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 24 hour’s 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 AGREEMENT. #13..
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15 e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be 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.

24. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. RECORDS. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT. Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

27. INDEPENDENT CONTRACTOR; NOT AGENT. At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to #13..
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16 this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

28. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

29. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

30. 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.

31. HEADINGS NOT CONTROLLING:

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

32. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

33. 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 bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, #13..
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17 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.

34. PARTIAL INVALIDITY:

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

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2223-XXX, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and _____________________has caused this Agreement to be duly executed.
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CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
RFB NO. 2223-22 Painting Services for Airport Facilities 1 2 3 4 5
ITEM # ITEM/DESCRIPTION QTY
H.B. Restoration Inc
Rio Linda, CA
Aiden's Quality Painting Inc
Santa Clara, CA
Color New Company
Woodland Hills, CA
D C Vient, INC
Modesto, CA
Mac Painting

MATERIALS
1 Hanger G 1 $25,600.00 $25,600.00 $12,278.00 $12,278.00 $212,000.00 $212,000.00 $50,800.00 $50,800.00 $69,000.00 $69,000.00 2 Hanger H 1 $22,800.00 $22,800.00 $12,278.00 $12,278.00 $212,000.00 $212,000.00 $50,800.00 $50,800.00 $69,000.00 $69,000.00 3 Hanger I 1 $22,800.00 $22,800.00 $12,278.00 $12,278.00 $212,000.00 $212,000.00 $59,900.00 $59,900.00 $69,000.00 $69,000.00 4 Hanger L 1 $22,800.00 $22,800.00 $6,939.00 $6,939.00 $190,000.00 $190,000.00 $54,800.00 $54,800.00 $45,000.00 $45,000.00 5 Hanger K 1 $20,800.00 $20,800.00 $5,864.00 $5,864.00 $190,000.00 $190,000.00 $52,200.00 $52,200.00 $45,000.00 $45,000.00 6 $114,800.00 $49,637.00 $1,016,000.00 268500.00 $297,000.00 $0.00
SUBTOTAL $114,800.00 $49,637.00 $1,016,000.00 268500.00 $297,000.00 SALES TAX 7.875%:

SHIPPING $0.00 $0.00
TOTAL: $114,800.00 $49,637.00 $1,016,000.00 268500.00 $297,000.00 #13..
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H.B. Restoration Inc
Rio Linda, CA
Copies & Originals (2 Orig / 1 Copy / USB) X
Bid Acknowledgment (Signature) X
Pricing Schedule (Signature) X
City Business License & Expiration Date 1300243
Epay Opted No
Exceptions (if applicable) None
References Yes
Financial Interest Disclosure (Signature) Yes
Supplier of Local Vendor (if applicable) Not Local
Company History Statement Yes
Addenda Acknowledgement Page (if applicable) Yes
Warranty Statements Yes
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Aiden's Quality Painting Inc Color New Co
X X
X X
X X
Upon Award Upon Award
Opted No Opted No
None None
Yes Yes
Yes Yes
Not Local Not Local
Yes Yes
Yes Yes
Yes Yes
#13..
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DC Vient
Modest, CA Mac Painting
X X
X X
X X
Yes Upon Award
Opted No Opted No
Yes None
Yes Yes
Not Signed Yes
Yes Not Local
Yes Yes
Yes
Yes Yes
#13..
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1 INVITATION FOR BIDS (“IFB”) NO. 2223-22
FOR

PAINTING SERVICES FOR AIRPORT FACILITIES

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

To be held on:

February 27, 2023 at 9:00 A.M.

Meeting Location: 700 Tioga Drive, Gate #2
Modesto, CA 95354
BID OPENING: March 21, 2023 at 11:00 A.M.

CITY OF MODESTO CONTACT: Kim Presson, Buyer
E-MAIL ADDRESS: [email protected]
#13..
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2 TABLE OF CONTENTS
Page
. Notice to Bidders............................................................................................................. 3-4 . City Contacts...................................................................................................................... 5 . Calendar of Events............................................................................................................. 5 . Precendence........................................................................................................................ 5 Virtual Opening.................................................................................................................. 6

GENERAL REQUIREMENTS
. Bid Submittal...................................................................................................................... 7 . Acceptance/Rejection of Irregular Bids............................................................................. 7 . Complete Bid Document................................................................................................. 7-8 . Compliance/Non-Compliance............................................................................................ 8 Support Local Vendor ....................................................................................................... 9 . Prevailing Wages.............................................................................................................. 10 . Protest and Appeal Procedures....................................................................................10-14 . Bid Submittal Check List................................................................................................. 15 REQUIRED BID SUBMISSION DOCUMENTS (Sign Wherever Indicated) . Bid Form A – IFB Acknowledgement…………………………………….……… 16-18 . Bid Form B – Bidder Company Information..............................................................19-20 . Bid Form C - Pricing Schedule...................................................................................21-22 . Bid Form D – Bidder Exceptions, Clarifications, Amendments..................................... 23 . Bid Form E – Bidder Customer References...............................................................24-25 . Bid Form F - Financial Interest Disclosure.................................................................26-28 . Bid Form G – Local Business Preference Declaration...............................................29-30 . Bid Form H – Bidder Company History Statement ....................................................... 31 . Bid Form I - Addenda Acknowledgement....................................................................... 32 . Bid Form J – Bidder Warranty Statements...................................................................... 33 . Bid Form K – Bidder Experience and Certifications....................................................... 34 . Bid Form L - Subcontractors List .................................................................................... 35

TECHNICAL REQUIREMENTS
. Scope of Work.................................................................................................................. 36 . Required Licenses............................................................................................................ 37 .

ATTACHMENTS
. Sample Annual Agreement ........................................................................................38-55 #13..
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Painting Services for Airport Facilities equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Public Works Department, Airport Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).

Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, March 21, 2023 at 11:00 A.M., at which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public, but may be viewed simultaneously via video conferencing in the manner provided for herein. 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. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #13..
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2223-22
BID OPENING DATE: MARCH 21, 2023 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

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 its Bid for a period of 90 days after the date set for the opening thereof. #13..
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
5 CALENDAR OF EVENTS
Event Date
IFB Issued February 14, 2023
Mandatory Bid Walk February 27, 2023
Written Questions Due via Email March 8, 2023
Addendum Issued (if required) March 10, 2023 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, March 21, 2023 Contract Award Approximately June, 2023

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB 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 a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall #13..
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
6 comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void.

VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, March 21, 2023. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB 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=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
#13..
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one 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.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may 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.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample 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 provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

E. CITY 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.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed ):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
8 • Bid Form F - Financial Interest Disclosure
• Bid Form G – Local Business Preference Declaration
• Bid Form H – Bidder Company History Statement
• Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form 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.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• 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 pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
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9 • The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any 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 or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). 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.

J. SUPPORT OF LOCAL VENDORS: Should the Bidder that submits the lowest responsive Bid or 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 5%of the lowest Bid, 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 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.

K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to 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 the Contractor, its agents, officers, employees, and 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 for Contractor to procure and maintain a policy of insurance. 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 will be apportioned to Contractor in accordance with the provisions contained in indemnity.
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10 L. PREVAILING WAGE: Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120 M. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

N. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
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11 "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 a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
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12 • Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

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

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. 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 records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

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

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. 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 ten 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’s decision on the appeal shall be final.

All protest appeals to the City Council 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
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 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, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal. #13..
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14 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 days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made 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. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, 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 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. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #13..
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15 BID SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:

COMPLETE BID ELEMENTS 
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Local Business Preference Declaration
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #13..
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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:

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 IFB, 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 City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the Bidder or the IFB 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 by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement 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- #13..
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17 patented invention, article or appliance furnished or used in connection with the contract or purchase order.

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

7. Rights and Remedies of City 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 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 Bidder, or send an invoice to the Bidder 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 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 City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30 day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
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18 ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.

Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City 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 Services, 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 under a contract or purchase order resulting from this Bid.

11. Two “Inked” Signed Original Bids Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
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20 Business License
Number (note –
provide only if
available now - - but
not required until any
contract begins):

M. State of California
Contractor License
Number and Expiration
Date (if available):

N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and Expiration
Date (if available):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

The payment of Prevailing Wages is required for this project.

PRICE TABLE
Item No. Description A Description B Price Per Service
A1 Hanger G Pressure wash , rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$ _______________/Service
A2
Hanger H Pressure wash , rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$ _______________/Service
A3
Hanger I Pressure wash , rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$ _______________/Service
A4
Hanger L Pressure wash , rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$ _______________/Service
A5
Hanger K Pressure wash , rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$ _______________/Service
ePay
1% Rebate (See Bid Form A for this option)
$-(_______________)
Total Items: $__________________/Total
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22 Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Industrial Painter (Journeyman) $ /HR $ /HR % $ /HR
$ /HR $ /HR % $ /HR
$ /HR $ /HR % $ /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):
• Choose One:Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: _______________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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23 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.

Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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24 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. 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 Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission 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 or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:
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25 City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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26 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, 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 City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

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 Bidder 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 #13..
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
27 until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

Print Names of Persons Having a Financial Interest in Bidder Receiving this Contract:

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

Bidder Company Name:
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
28 Name of Bidder Signatory:

Signature of Bidder Representative:
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
29 BID FORM G - SUPPORT OF LOCAL VENDORS
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) 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 of the lowest Bidder in writing within five 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.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

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.

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
30 Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
31 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
32 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB, and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
33 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

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

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
34 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience. #13..
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
35 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
36 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

Introduction:

The Public Works Department, Airport Division seeks to obtain a 2-year contract for painting services. This contract would have the possibility of two 1-year extensions.

Contractor Responsibilities:

Contractor is to provide the labor, needed materials and equipment for any painting project located on Airport property. Contractor is to adhere to all Airport safety protocols as well as follow all federal, state and local guidelines.

City Responsibilities:

The Airport will coordinate with their tenants to cover and/or remove any personal belongings, cars, aircraft etc.

The Airport will provide access to the airfield as well as detailed instruction for path of travel to and from the specific jobsite.

Typical Type of Projects:

Painting of Airport facilities, primarily aircraft storage hangars. Aircraft storage hangars are galvanized steel siding with metal framing. These structures will require initial cleaning, rust treatment, priming and multiple coats of paint. There could potentially be other standard building type projects, if funds are available.

Schedule:

The contractor is to coordinate the project schedule with the Airport Manager. Contractor must give a minimum of two weeks’ advanced notice prior to start of project for the Airport to coordinate with their tenants. Any changes to the schedule once the project has begun, must be coordinated, and approved through the Airport Manager. When the project begins the contractor is to remain onsite until the completion of the project unless arrangements have been made and approval is granted by the Airport Manager.

Project Completion Criteria:

All project materials, masking and debris must be removed by the contractor. Job must be walked with the Airport Manager and Project Foreman for final inspection prior to acceptance of project completion.

Additional Terms and Conditions:

Rust treatment must be guaranteed for a minimum of 1 year. If rust returns within this timeframe, the contractor, at their expense, must retreat the rusted areas, prime and paint.

Miscellaneous:

The Airport is not required to perform painting projects within the contract years. Contractor will only be paid if projects have been completed. Annual projects will be based on the Airport’s annual budget. #13..
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INVITATION FOR BIDS # 2223-22

PAINTING SERVICES FOR AIRPORT

FACILITIES
37 1.2 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 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.3 CALIFORNIA CONTRACTORS LICENSE: If the Bidder is furnishing any labor or service including installation or maintenance, the Bidder shall be registered as a contractor with the Department of Industrial Relations and possess the appropriate California Contractor's license(s) at the time the Bid is submitted. A contract shall not be awarded to a Bidder that is not registered with the Department and Industrial Relations or 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. Bidder shall indicate its license(s) number and expiration date on the Pricing Schedule.

1.3.1 LICENSE REQUIREMENT: Bidder(s) shall provide a copy of the required license per the California Code of Regulations Title 16, Division 8, Article 3. Classifications; • C-33 Painting and Decorating Contractor license
#13..
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38 SAMPLE AGREEMENT

ANNUAL AGREEMENT

PAINTING SERVICES FOR AIRPROT FACILITIES
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 _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-xx authorizing the Award of Bid and agreement for the PAINTING SERVICES FOR AIRPORT FACILITIES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the PAINTING SERVICES FOR AIRPORT FACILITIES as described in IFB 2223-22, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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39 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
#13..
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40 AGREEMENT PRICING
The payment of Prevailing Wages is required for this project.

PRICE TABLE
Item No. Description A Description B Price Per Service
A1 Hanger G Pressure wash , rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$ _______________/Service
A2
Hanger H Pressure wash , rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$ _______________/Service
A3
Hanger I Pressure wash , rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$ _______________/Service
A4
Hanger L Pressure wash , rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$ _______________/Service
A5
Hanger K Pressure wash , rust treatment, priming
and multiple coats of paint. Paint to all
sides and the roof. Paint color 4k white
$ _______________/Service
ePay $-(_______________)
Total Items: $__________________/Total
Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
$ /HR $ /HR % $ /HR
$ /HR $ /HR % $ /HR
$ /HR $ /HR % $ /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file. #13..
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41 2. PREVAILING WAGES:
. In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

CITY Representative is:
________________________ ____________________________
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. #13..
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42 4. 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 1: 2023 through 2024
Year 2: 2024 through 2025
Year 3: 2025 through 2026
Year 4: 2026 through 2027
Year 5: 2027 through 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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, at least 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. 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; and/or professional liability. #13..
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43 b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s 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.

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 CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance #13..
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44 maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. 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:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• 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 #13..
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45 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. VENUE & GOVERNING LAW:

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 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.

9. 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.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2223-22;
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:
#13..
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46 Termination for Default: 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 nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

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 subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 #13..
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47 material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
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 SERVICES.
i. 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 CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise 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 SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES 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 for such #13..
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48 SERVICES.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, 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. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES 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 SERVICES not corrected or completed.

14. ASSIGNMENT OF RIGHTS: The 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 acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective #13..
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49 at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. DIR REGISTRATION: Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

18. 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
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50 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.

19. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

20. QUANTITIES: No minimum or maximum is guaranteed or implied.

21. 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.

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

23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed 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), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. #13..
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51 The CONTRACTOR and any allowed 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 any allowed 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 any allowed subcontracts to perform SERVICES. 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 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 AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be 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.
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52 24. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. RECORDS. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT. Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

27. INDEPENDENT CONTRACTOR; NOT AGENT. At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever. #13..
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53 28. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

29. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

30. 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.

31. HEADINGS NOT CONTROLLING:

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

32. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

33. 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 bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES 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 #13..
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54 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.

34. PARTIAL INVALIDITY:

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

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 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: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:
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55 By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
July 25, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Upcoming Construction Project Report
Regional Water Recycling Facility - Sutter Campus
Parking Lot and Security Upgrade Project
CONTACT: Cristian Ciotau, Senior Civil Engineer, [email protected], 209-577-5260 DESCRIPTION:

Consider a report on the upcoming Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Construction Project and forwarding to Council for approval. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Sutter Facility Layout Plan (SFLP) identifies recommended improvements for access, traffic circulation and parking. The project’s scope of work is a combination of the SFLP identified improvements as well as improvements identified by Operations and Maintenance staff.

As it is currently configured, the existing entrance at the Regional Water Recycling Facility - Sutter Campus (RWRF-SC) presents security and safety concerns. The purpose of the Project is to implement improvements in order to address security, traffic, and parking related deficiencies in the following areas of the Regional Water Recycling Facility - Sutter Campus:
• Plant entrance
• Parking lot and vehicle circulation for employees, customers, and visitors • Septage receiving station
• Vac-con facility
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Finance Committee, August 21, 2023
Upcoming Construction Project Report Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project