Finance Committee
September 25, 2023

In addition to the West Trunk, this project will also rehabilitate the sewer trunk located on Woodland Ave running East-West to Highway 99. The overall effort will address approximately 17,483 linear feet of 18, 27 and 54 inch diameter pipe.

DISCUSSION:

Due to the magnitude and complexity of this project, and to increase efficiencies, the City has requested the use of a consultant to provide engineering services for the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project.

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

On July 25, 2023, staff received and distributed two (2) proposals to a selection committee consisting of Utilities engineering and operations staff. The selection committee evaluated the proposals and determined Carollo Engineers Inc., of Walnut Creek, CA to be the most qualified and responsive. Carollo’s sealed proposal costs were opened after the selection ranking had been finalized. Carollo’s proposal cost and scope were reviewed and negotiated to provide design and bid period services.

The scope of services to be provided under this agreement include:
 Project Management
 Field Investigations
 Permitting Assistance
 Develop Construction Documents
 Bid Phase Services
 Engineering Support During Construction
In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. However, staff proceeded through an RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of an Engineering Services Agreement with Carollo Engineers, Inc. for the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project.

FISCAL IMPACT:

The Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project has an estimated cost of $31,790,000, expenses associated with this project will be housed in the following Capital Improvement Program Project:
101494 - Sewer Trunk Rehabilitation
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Finance Committee, September 25, 2023
Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project Engineering Services Agreement with Carollo Engineers

ANTICIPATED PROJECT EXPENDITURES:

Construction $25,000,000
Construction Contingency $2,500,000
Construction Administration – City Staff $2,500,000
Engineering Services Agreement – Carollo $1,400,000
10% Additional Services, if needed $140,000
Engineering/Design/Administration – City Staff $250,000 TOTAL: $31,790,000
CEQA/NEPA REQUIREMENTS:

Staff will be utilizing an on call CEQA Environmental Planning and Compliance consultant to determine the environmental requirements associated with the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project in the amount of $1,400,000 for the identified scope of services, plus $140,000 in additional services, if needed, for a total amount not to exceed $1,540,000 and forwarding to Council for approval.

Approved by:

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

1. Carollo – Agreement

2. Carollo – Exhibits to Agreement
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ENGINEERING SERVICES AGREEMENT FOR THE

SEWER TRUNK REHABILITATION ON GRIMES, MERCY

AND WOODLAND AVE PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CAROLLO ENGINEERS, INC., a Delaware corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Services are necessary for the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project.

B. Consultant represents that it is qualified, willing and able to provide said services.

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #7..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE MILLION FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($1,400,000) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #7..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE MILLION FIVE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($1,540,000).

If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

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

In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of #7..
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labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates.

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

5. OBLIGATIONS OF CITY.

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

6. PERFORMANCE BY KEY EMPLOYEE.

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

City has entered into this Agreement in reliance on that representation by Consultant. Consultant #7..
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therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

7. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

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

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

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

8. NEWS AND INFORMATION RELEASE.

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

9. INTEREST OF CONTRACTOR.

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

10. AMENDMENTS.

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

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #7..
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11. INDEPENDENT CONTRACTOR.

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

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

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

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

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

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

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and #7..
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control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

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

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

12. ASSIGNMENT.

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

13. PATENT/COPYRIGHT MATERIALS.

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

14. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #7..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Carollo Engineers, Inc.

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

15. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or reduction in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies. #7..
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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

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

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and #7..
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automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

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

16. TERMINATION OF AGREEMENT.

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

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for #7..
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convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

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

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums #7..
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previously paid to the Consultant.

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

17. CERTIFIED PAYROLL REQUIREMENT.

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

18. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. #7..
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However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.

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

19. DISPUTE RESOLUTION.

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

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented #7..
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by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

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

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

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

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

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

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s #7..
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actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

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

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

20. ENTIRE AGREEMENT.

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

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

22. WAIVER.

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

23. AUDIT.

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

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

24. GOVERNING LAW.

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

25. HEADINGS NOT CONTROLLING.

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

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

27. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

28. THIRD PARTIES.

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

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation 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 CAROLLO ENGINEERS, INC. has caused this agreement to be duly executed as of the Effective Date. #7..
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City of Modesto / Sewer Trunk Rehabilitaon on Grimes, Mercy and Woodland Ave Carollo Engineers – 08/30/2023
Scope of Services
TASK 1 – PROJECT MANAGEMENT
This task includes project administration and status meetings.

Task 1.01 – Project Administraon
Carollo will administer the project and subconsultants to maintain the project schedule and budget. The project progress and budget status will be included in monthly progress reports that will be attached to billing invoices. The monthly progress report will include a list of key work activities completed for the time period.

Task 1.02 – Project Kickoff Status Meengs
The project kickoff meeting will be conducted to coordinate the project tasks between the City, subconsultants, and other agencies. Work will include preparing meeting agendas and minutes. Anticipated project meetings include:
• Project kickoff meeting (City’s office).

Task 1.03 – Implement Quality Control Program
Carollo will implement a quality control program to review each deliverable submitted to the City. Each deliverable will be reviewed for both technical accuracy and overall quality of work.

Task 1 Deliverables
∼ Monthly billing and status reports (total of 24).
∼ Project kickoff meeting agenda and minutes.

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

Task 2.02 – Conduct Topographic Survey
This task will include the following topographic survey tasks. Our subconsultant, O’Dell Engineering, will conduct the following:
• Field Survey. The field survey will locate existing features, such as:
∼ Rim and invert of the Grimes, Mercy, and Woodland Ave manholes within the project limits. ∼ Grimes, Mercy, and Woodland Ave diameter confirmation entering and exiting the manholes. ∼ Existing utility locations.
∼ Edge of pavement limits.
∼ Nearby building planimetrics and limits.
∼ The topographic survey will be based on the City control monuments and benchmarks. Horizontal controls will be based on the City control monuments (NAD83-1992 as identified on the City control survey map). Vertical control will be based on City benchmarks (NAVD-88 per City records).
• Topographic Map. The topographic map will include features identified in the field survey. Utility structures will include rim elevations and invert elevations. Utility pipe sizes and flow directions will be noted based on field observations. All mapping will be completed using the most recent version of AutoCAD.

EXHIBIT A
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Task 2.03 – Conduct Manhole Condion Assessment
The Project will include condition assessment of all manholes on Grimes, Mercy, and Woodland Ave in areas where the pipeline is planned to be rehabilitated. A Level 2 inspection will be performed by National Plant Services NASSCO MACP certified personnel. Inspection reports will be provided to the City and results incorporated in the BODR.

Task 2.04 – Conduct West Trunk and Emerald Trunk Condition Assessment Under this task, Carollo will conduct a field condition assessment using CCTV to assess the existing condition of the Grimes, Mercy, and Woodland Ave pipeline withing the project limits. The assessment will include NASSCO-certified staff to provide ratings based on the NASSCO ranking system for the pipeline segment.

Task 2.05 – Conduct Geotechnical Invesgaon
Under this task, Crawford & Associates, Inc. will conduct a geotechnical investigation and will provide the following services:
• Determine exploration locations, determine site access, and mark our exploration locations for USA. • Obtain the required City of Modesto and Stanislaus County environmental health permits for borings. Based on experience with the City, we assume that the fee for the permits will be waived. • Obtain the required encroachment permit for our work within the public right-of-way. We assume that the encroachment permit fees will be waived.
• Identify standard soil characteristics.
• Identify current and historical groundwater elevation. • Prepare geotechnical report.

Task 2 Deliverables:
∼ Topographic survey (electronic files).
∼ Manhole condition assessment report and data (electronic files). ∼ Pipeline condition assessment report and data (electronic files). ∼ Geotechnical Report (electronic PDF).

TASK 3 – PERMITTING ASSISTANCE
Task 3.01 – Encroachment Permit Coordinaon
Carollo will assist the City in obtaining draft permits for work within the City and County rights-of-way. Carollo will develop permit application packages. Contractor will be responsible for obtaining permits and paying fees. Application fees, if any, will be paid by the City. Per the RFP, the City is responsible for all aspects of environmental clearance; therefore no hours have been budgeted for assisting the City obtain environmental clearance.

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

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

Task 4.01 – Develop 70 Percent PS&E Submi7al Package
Carollo will complete a 70 percent PS&E document submittal under this task. Five copies of the plans (half-size), specifications, and estimate will be provided to the City for review.

Task 4.02 – Conduct 70 Percent PS&E Review Meeng
Carollo will conduct a review meeting to discuss the design components of the 70 percent PS&E documents after the City review period. The review meeting will take place at the City’s offices. The review meeting will focus on key items such as bybass pumping for the project.

Task 4.03 – Develop 90 Percent PS&E Submi7al Package
Carollo will develop a 90 percent PS&E document submittal under this task. Five copies of the plans (half-size), specifications, and estimate will be provided to the City for review. Carollo will incorporate comments from the 70 percent review into the 90 percent PS&E package and provide a comment response log to the City.

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

Task 4.05 – Develop Final PS&E Submi7al Package
Carollo will develop a final PS&E document submittal and provide five copies of the plans (half-size), specifications, and estimate to the City. This submittal will be for final bid-ready documents. Carollo will incorporate comments from the 90 percent review into the final PS&E package and provide a comment response log to the City.

Task 4 Deliverables:
∼ 70 percent PS&E submittal package (five hard copies and one PDF file). ∼ 70 percent review meeting materials.
∼ 70 percent review comment response log.
∼ 90 percent PS&E submittal package (five hard copies and one PDF file). ∼ 90 percent review meeting materials.
∼ 90 percent review comment response log.
∼ Final PS&E submittal package (five hard copies and one PDF file).

TASK 5 – BID PHASE SERVICES
Task 5.01 – A7end Pre-Bid Meeng
Under this task, Carollo will attend a pre-bid meeting to answer questions and discuss the overall project intent. The City will facilitate this meeting and issue meeting minutes.

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

Task 5 Deliverables:
∼ Addenda as required (assume one).

TASK 6 – ENGINEERING SERVICES DURING CONSTRUCTION
Task 6.01 – Attend Pre-Construction Conference
Carollo will attend the pre-construction conference and answer questions as directed by the City. The City’s construction manager (CM) will prepare meeting minutes. Carollo will review meeting minutes.

Task 6.02 – Review Contractor’s Submi7als
This task will include review and comment on the acceptability of contractor’s submittals for the City. Carollo will review and respond to product and shop drawing submittals provided by the contractor and forwarded by the CM. Review comments will be returned to the CM for processing and distribution to the contractor and other parties. Per the RFP, 100 submittals are budgeted.

Task 6.03 – Respond to Requests for Informaon (RFIs)
Carollo will respond to contractor’s RFIs. This scope also assumes the CM will consider and evaluate the validity of the RFIs, questions, and modification requests prior to forwarding them to Carollo. Per the RFP, 50 RFIs are budgeted.

Task 6.04 – A7end Construcon Meengs and Site Visits
Carollo will attend bi-weekly construction meetings (teleconference anticipated), conduct site visits (a total of ten site visits budgeted) to monitor construction progress, and remain available to expedite resolutions to project challenges.

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

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

Task 6.07 – Provide Record Drawings
The contractor is required to provide the City and CM with a final set of marked-up design drawings. After substantial completion, Carollo will review the final version of the contractor’s as-built drawings compiled by the CM. Carollo will then prepare a set of record drawings based on the contractor’s mark-ups in electronic format and deliver the electronic documents to the City. Record drawings will be prepared using Carollo’s standard record drawing format.

Task 6 Deliverables:
∼ Responses to submittals and RFIs.
∼ One set of reproducible record drawings and digital files.

Assumpons:
∼ City will provide existing documents and record drawings to be reviewed. ∼ City will provide updated GIS files that show property lines throughout the City. ∼ All permit fees to be paid directly by the City or Contractor. ∼ City will manage and provide all bid package reproduction and delivery to prospective bidders. ∼ City to perform construction inspection and construction management services. ∼ Utility potholing is not required.
∼ Construction is completed within 12 months.
∼ Bypass pumping and traffic control will be performance-based specifications. ∼ Conformed documents are not required.
∼ The city will prepare all division 00 and 01 specifications, per the RFP. ∼ The geotechnical cost assumes CIPP.

EXHIBIT A
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Principal-InCharge
Technical
Advisor QA/QC Project Manager Project Engineer Design Engineer Modelling
Lead
Constructability
Lead Land Survey Geotechnical Condition Assessment
Ryan Sellman Tim
Taylor Greg Gould Jon Marshall Reace Fisher Kyle Gourley Ryan Orgill Keith Corcoran Walnut Creek Sacramento Las Vegas Walnut Creek Fresno Walnut Creek Reno Sacramento Walnut Creek Walnut Creek Walnut Creek $311 $349 $311 $330 $263 $263 $263 $263 $224 $161 $143 $ 14.00 Modesto Modesto Hayward 10% 1 1.01 Project Administration 80 80 $ 26,400 $ 1,120 $ - $ 300 $ 27,820

1.02 Project Kickoff Meeting 4 4 15 30 53 $ 15,480 $ 742 $ - $ 16,222

1.03 Quality Control Program 8 8 $ 2,488 $ 112 $ - $ 2,600 4 4 8 95 30 - - - - - - 141 $ 44,368 $ 1,974 $ - $ - $ - $ - $ 300 $ 46,642 2 2.01 Conduct Existing Utility Research 2 8 24 34 $ 9,076 $ 476 $ - $ 120 $ 9,672

2.02 Conduct Topographic Survey 2 4 8 4 18 $ 4,712 $ 252 $ 130,000 $ 13,000 $ 200 $ 148,164

2.03 Conduct Manhole Condition Assessment 2 2 4 8 $ 2,238 $ 112 $ 24,000 $ 2,400 $ 28,750

2.04 Conduct West Trunk and Emerald Trunk CCTV 8 2 16 24 50 $ 13,668 $ 700 $ 100,800 $ 10,080 $ 125,248

2.05 Conduct Geotechnical Investigation 2 4 8 14 $ 3,816 $ 196 $ 57,581 $ 5,758 $ 149 $ 67,500 - - 8 10 34 68 - - 4 - - 124 $ 33,510 $ 1,736 $ 130,000 $ 57,581 $ 124,800 $ 31,238 $ 469 $ 379,334 3 3.01 Encroachment Permit Coordination 2 2 4 8 20 36 $ 10,004 $ 504 $ - $ 10,508 2 2 - 4 8 20 - - - - - 36 $ 10,004 $ 504 - - - - -$ $ 10,508 4 4.01 Develop 70% PS&E Submittal Package 8 12 32 40 180 200 8 8 80 330 24 922 208,458 $ $ 12,908 $ - $ 250 $ 221,616

4.02 Conduct 70% PS&E Review Meeting 4 8 16 24 52 $ 14,404 $ 728 $ - $ 200 $ 15,332

4.03 Develop 90% PS&E Submittal Package 12 8 32 40 140 145 50 200 24 651 151,463 $ $ 9,114 $ - $ 250 $ 160,827

4.04 Conduct 90% PS&E Review Meeting 4 8 16 24 52 $ 14,404 $ 728 $ - $ 200 $ 15,332

4.05 Develop Final PS&E Submittal Package 6 4 30 80 100 30 130 24 404 $ 91,584 $ 5,656 $ - $ 250 $ 97,490 34 24 64 126 432 493 8 8 160 660 72 2,081 480,313 $ $ 29,134 $ - $ - $ - $ - $ 1,150 $ 510,597 5 5.01 Attend Pre-Bid Meeting 2 8 8 12 30 $ 8,522 $ 420 $ - $ 200 $ 9,142

5.02 Answer Bidder Questions / Provide Addenda 2 4 16 40 16 78 $ 19,246 $ 1,092 $ - $ 20,338 4 - - 12 24 52 - - - 16 - 108 $ 27,768 $ 1,512 $ - $ - $ - $ - $ 200 $ 29,480 6 6.01 Attend Pre-Construction Conference 4 8 8 8 28 $ 8,092 $ 392 $ - $ 200 $ 8,684

6.02 Review Contractor's Submittals 20 15 85 200 280 600 165,745 $ $ 8,400 $ - $ 174,145

6.03 Respond to Requests for Information (RFIs) 8 8 30 60 90 16 212 $ 57,206 $ 2,968 $ - $ 60,174

6.04 Attend Construction Meetings and Site Visits 40 120 120 120 400 115,160 $ $ 5,600 $ - $ 2,000 $ 122,760

6.05 Review Proposed Change Orders 4 8 8 24 60 104 $ 28,768 $ 1,456 $ - $ 30,224

6.06 Prepare Punch List 4 8 8 16 36 $ 10,196 $ 504 $ - $ 200 $ 10,900

6.07 Provide Record Drawings 2 8 24 40 74 $ 15,516 $ 1,036 $ - $ 16,552 80 31 - 261 428 598 - - - 56 - 1,454 400,683 $ $ 20,356 $ - $ - $ - $ - $ 2,400 $ 423,439 124 61 80 508 956 1,231 8 8 164 732 72 3,944 996,646 $ $55,216 $130,000 $57,581 $124,800 $31,238 $4,519 1,400,000 $ National Plant
Services
Other Direct
Costs
(Mileage,
Printing, etc.)

PROJECT
TOTAL
Project Management
Task 1 Total
Project Totals
Bid Phase Services
Field Investigations
Task 2 Total
Permitting Assistance
Task 3 Total
Develop Construction Documents
Task 4 Total
Task 5 Total
Engineering Services During Construction
Task 6 Total

CITY OF MODESTO

FINAL DESIGN FOR SEWER TRUNK REHABILITATION ON GRIMES, MERCY, AND WOODLAND AVENUE FEE ESTIMATE (08/30/2023)
Carollo Engineers
Senior CAD
Technician
Document
Processing
Subconsultants
PECE 1
Subconsultant
Markup (10%)
CAD
Task Description Technician Total
Hours
Labor
Cost O'Dell Engineering Crawford &
Associates
C:\Users\rsellman\OneDrive - Carollo Engineers\Desktop\Modesto\West Trunk - Woodland and Carpenter\Project Management\Fee Estimate West and Emerald 2023-08-24 Update.xlsx 8/30/2023

EXHIBIT B
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

September 25, 2023
Date: August 21, 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: California State Water Resources Control Board – Financial Assistance Application Septic to Sewer Project
CONTACT: Miguel Alvarez, Associate Engineer, [email protected], 209-577-5348 DESCRIPTION:

Consider the submission of a Financial Assistance Application with the California State Water Resources Control Board to connect existing septic systems to the City of Modesto’s sanitary sewer system 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 City has worked collaboratively with Stanislaus County and the City of Ceres over the last forty years to extend City wastewater services in an effort to lessen or eliminate the need for septic systems in the areas adjacent the City and to mitigate health and environmental hazards caused by untreated wastewater. The following is a list of pervious successful collaborations:

On December 18, 1979, Council, by Resolution No. 1979-1301, approved an agreement between the City of Modesto and the City of Ceres for Sewer Service to the North Ceres Sewer Service Area (Bystrom).

On February 6, 1996, Council, by Resolution No. 1996-57, accepted the transfer of Bret Harte Neighborhood Sanitary Sewer Conveyance System, from the Stanislaus County Redevelopment Agency to the City of Modesto.
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Finance Committee, September 25, 2023
California State Water Resources Control Board – Financial Assistance Application Septic to Sewer Project

On June 13, 2006, Council, by Resolution No. 2006-378, accepted the Shackelford Sanitary Sewer Improvements and providing Sanitary Sewer Service for the Stanislaus County outline area known as Shackelford.

On February 6, 2007, Council, by Resolution No. 2007-88 accepted the Robertson Rd Sewer Improvements and providing Sanitary Sewer Service for the Stanislaus County infill area known as Robertson Rd Neighborhood.

On July 14, 2015, Council, by Resolution No. 2015-251, accepted the Airport Neighborhood Sewer Improvements Phase 1 Project as complete and annexing said improvement into Modesto Municipal Sewer District No. 1.

On September 8, 2015, Council, by Resolution No. 2015-340, accepted the Parklawn Neighborhood Sewer Improvements Project as complete and annexing said improvement into Modesto Municipal Sewer District No. 1.

On July 10, 2018, Council, by Resolution No. 2018-289, accepted the Airport Neighborhood Sewer Improvements Phase II Project as complete and annexing said improvements into Modesto Municipal Sewer District No 1.

DISCUSSION:

On July 1, 2008, the State Water Resources Control Board (SWRCB) adopted Resolution No. 2008-48 to assist small and/or disadvantaged communities (DACs) with wastewater needs.

This action prioritized addressing failing septic systems, as such systems can cause significant health and safety problems, endanger surface water uses and pose a threat to groundwater supplies.

The Utilities Department is actively pursuing State funding to protect our groundwater resources and to assist residents in DACs with a potential no “out-of-pocket” cost opportunity to transition from their existing septic systems to City wastewater services. Upon connection to City wastewater services, the City’s monthly sewer rate will be applicable to the customer.

If fully awarded, the financial assistance request to the SWRCB will include all planning, design and construction related expenses associated with the Septic to Sewer Project to benefit 956 unconnected parcels in the Airport, Bret Harte, Bystrom, Parklawn, Robertson Road and Shackelford neighborhoods.
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Finance Committee, September 25, 2023
California State Water Resources Control Board – Financial Assistance Application Septic to Sewer Project

FISCAL IMPACT:

The City is seeking approximately $21,203,124 in funding for the Septic to Sewer Project:

Neighborhood Parcels
Planning, Design &
Construction Staff Time Total
Airport 251 $21,429 $750 $5,566,929
Bret Harte 95 $21,429 $750 $2,107,005
Bystrom 221 $21,429 $750 $4,901,559
Parklawn 142 $21,429 $750 $3,149,418
Robertson Rd 120 $21,429 $750 $2,661,480
Shackelford 127 $21,429 $750 $2,816,733
956 $21,203,124
Upon award, Staff will create and fund a project to house revenue and expenses associated with this Sepic to Sewer Project. Reimbursement requests would be prepared and submitted quarterly, there is no local match requirement associated with this financial assistance.

CEQA/NEPA REQUIREMENTS:

An initial study will be required to determine the environmental requirements associated with the Septic to Sewer Project.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the submission of a Financial Assistance Application to the California State Water Resources Control Board to fund the planning, design and construction of the Septic to Sewer Project and forwarding to Council for approval.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

September 25, 2023
Date: August 16, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: First Amendment to Concrete Boxes & Covers Agreement CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:

Consider the First Amendment to the Purchasing Agreement with Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and American AVK, Minden NV for concrete boxes, covers, valves hydrants and fittings to a revised total amount not to exceed $8,700,000 over five years and forwarding to Council for approval. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

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

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

On July 20, 2022, the Purchasing Division issued Request for Bids (RFB) No. 2122-48 for the purchase of concrete boxes, covers, valves, hydrants, and fittings.

On August 30, 2022, bids were formally opened in the City Clerk’s office and four companies chose to respond.
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Finance Committee, September 25, 2023
First Amendment to Concrete Boxes & Covers Agreement

On December 6, 2022, by Resolution 2022-458, Council approved agreements with three vendors: Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and American AVK, Minden NV for concrete boxes, covers, valves hydrants and fittings. The estimated annual spending was anticipated to be $765,000 among all three vendors, for a total amount not to exceed $3,825,000 over five years.

DISCUSSION:

Due to market volatility, and supply chain insufficiencies resulting from COVID-19, pricing has fluctuated on certain commodities. One of the commodities is material relating to concrete boxes and covers. There were thirty-eight (38) items that both lowest responsive and responsible bidders were unable to hold pricing for, thus making it necessary to reach out for pricing every ninety (90) days for this specified commodity.

In addition to supply chain issues, departments had limited staffing, and were limited in completing projects due to the spread of COVID-19. Over this past year, the completion of projects has been amplified and is currently trending steady.

Additionally, pricing on fire hydrants had remained steady over the course of the previous agreement, but nearly doubled in price on the new agreement. The price for hydrants on the new agreement is competitively priced; however, pricing was never increased over the life of the prior agreement. With the meter installation program coming to a close, staff have been able to focus more on system maintenance. Part of system maintenance is to strengthen and replace older water mains. During this process existing hydrants are replaced and additional hydrants are installed. When putting numbers together two years ago, staff relied on historical usage and did not account for the increased demand for hydrants. The purchase of fire hydrants is estimated to cost $245,000 annually.

Another crucial project occurring is register replacements. Registers are an integral part of the Badger meter and are utilized to provide digitally transmitted data of water usage. There are approximately 75,000 meters that are digitally read monthly, with about 1000 re-reads. A reread occurs when the data did not digitally transmit, and generally indicates register failure. Staff will then manually read the meter and verify if the register is still active. If the register is still active, but did not produce a reading, it is typically due to a lack of signal strength from dirt in the meter box, or the meter lid being concrete or metal. With the current register replacement program staff have discovered that replacing the existing meter box lids along with the new register is resulting in improved read efficiency, which helps increase staff work productivity by reducing the need for dispatching staff to conduct a re-reading of the water meters. When the quantities were provided on the current contract, staff did not know the rate at which the registers would be failing nor the amount of replacement lids that would be needed. Updating the lids provides continued support of digital meter reading, thus saving valuable staff time and allowing for seamless customer billing. It is estimated that 10,000 to 12,000 lids would be purchased annually, for an estimated cost of $800,000. These items would provide an increase of $975,000 annually, and $4,875,000 over 5 years.
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Finance Committee, September 25, 2023
First Amendment to Concrete Boxes & Covers Agreement

FISCAL IMPACT:

Funds are budgeted in the Water Fund; 4100-45020-53150, 4100-45040-53150, 4100-45060- 53150. Staff has calculated an estimated annual cost of $1,740,000 and a total not to exceed $8,700,000 over five years.

FUND COST CENTER BUDGETED AMOUNT
Water (4100)
Construction, Repairs and Maintenance 45020, 45040, 45060 $1,740,000 ANNUAL TOTAL NOT TO EXCEED $1,740,000
FIVE (5) YEAR TOTAL NOT TO EXCEED $8,700,000
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the First Amendment to the Purchasing Agreement with Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and American AVK, Minden NV for concrete boxes, covers, valves hydrants and fittings increasing the annual estimated spending by $975,000 from $765,000 to a revised annual estimated spending of $1,740,000 and a revised total amount not to exceed $8,700,000 over five years and forwarding to Council for approval.

Approved by:

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

1. First Amendment - Ferguson Waterworks

2. First Amendment – Iconix Waterworks

3. First Amendment - American AVK

4. Original Agreement 233560 Ferguson Waterworks

5. Original Agreement 233561 Iconix Waterworks

6. Original Agreement 233562 American AVK
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1 FIRST AMENDMENT TO PURCHASE AGREEMENT

FOR CONCRETE BOXES AND COVERS
This FIRST AMENDMENT to the PURCHASE 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 Ferguson Waterworks, Modesto CA hereinafter collectively referred to as CONTRACTOR.

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

A. A PURCHASE AGREEMENT NO. 233560, hereinafter referred to as PURCHASE AGREEMENT was entered into by and between CITY and CONTRACTOR on the 6th day of December 2022 to provide concrete boxes and covers.

B. CITY and CONTRACTOR desire to amend the AGREEMENT for the furnishing of concrete boxes and covers, by increasing the previously approved annual amount from $365,000 to $870,000.

C. CITY and CONTRACTOR desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT to the PURCHASE AGREEMENT.

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

1. The second paragraph of the Agreement shall be amended to include the following: Annual estimated amount $870,000.

2. Except as modified and amended by this FIRST AMENDMENT to the PURCHASE AGREEMENT, all other provisions of the PURCHASE AGREEMENT shall remain unchanged and in full force and effect.
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2 IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this FIRST AMENDMENT to the PURCHASE AGREEMENT in duplicate by its Director of Finance under authority of Resolution No. , adopted by the Council of the City of Modesto on the ______ day of ____________, 2023, and Ferguson Waterworks, Modesto CA, has caused this FIRST AMENDMENT to the AGREEMENT to be duly executed.
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1 FIRST AMENDMENT TO PURCHASE AGREEMENT

FOR CONCRETE BOXES AND COVERS
This FIRST AMENDMENT to the PURCHASE 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 Iconix Waterworks, McClellan CA hereinafter collectively referred to as CONTRACTOR.

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

A. A PURCHASE AGREEMENT NO. 233561, hereinafter referred to as PURCHASE AGREEMENT was entered into by and between CITY and CONTRACTOR on the 6th day of December, 2022 to provide concrete boxes and covers.

B. CITY and CONTRACTOR desire to amend the PURCHASE AGREEMENT for the furnishing of concrete boxes and covers, by increasing the previously approved annual amount from $110,000 to $174,000.

C. CITY and CONTRACTOR desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT to the PURCHASE AGREEMENT.

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

1. The second paragraph of the Agreement shall be amended to include the following: Total estimated annual amount $174,000.

2. Except as modified and amended by this FIRST AMENDMENT to the PURCHASE AGREEMENT, all other provisions of the PURCHASE AGREEMENT shall remain unchanged and in full force and effect.
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2 IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this FIRST AMENDMENT to the PURCHASE AGREEMENT in duplicate by its Director of Finance under authority of Resolution No. , adopted by the Council of the City of Modesto on the ______ day of ____________, 2023, and Iconix Waterworks, McClellan CA, has caused this FIRST AMENDMENT to the PURCHASE AGREEMENT to be duly executed.
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1 FIRST AMENDMENT TO PURCHASE AGREEMENT

FOR CONCRETE BOXES AND COVERS
This FIRST AMENDMENT to the PURCHASE 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 AMERICAN AVK, Minden, NV hereinafter collectively referred to as CONTRACTOR.

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

A. A PURCHASE AGREEMENT NO. 233562, hereinafter referred to as PURCHASE AGREEMENT was entered into by and between CITY and CONTRACTOR on the 6th day of December, 2022 to provide concrete boxes and covers.

B. CITY and CONTRACTOR desire to amend the PURCHASE AGREEMENT for the furnishing of concrete boxes and covers, by increasing the previously approved annual amount from $290,000 to $696,000.

C. CITY and CONTRACTOR desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT to the PURCHASE AGREEMENT.

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

1. The second paragraph of the Agreement shall be amended to include the following: Total estimated annual amount $696,000.

2. Except as modified and amended by this FIRST AMENDMENT to the PURCHASE AGREEMENT, all other provisions of the PURCHASE AGREEMENT shall remain unchanged and in full force and effect.
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2 IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this FIRST AMENDMENT to the PURCHASE AGREEMENT in duplicate by its Director of Finance under authority of Resolution No. , adopted by the Council of the City of Modesto on the ______ day of ____________, 2023, and American AVK, Minden NV, has caused this FIRST AMENDMENT to the PURCHASE AGREEMENT to be duly executed.
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CITY OF MODESTO

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

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

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

CITY OF MODESTO

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

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

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

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

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

2. PRICING SHALL REMAIN FIRM FOR EACH CONTRACT YEAR, WITH THE EXCEPTION OF ITEMS 1-39 IN WHICH PRICING WILL BE OBTAINED EVERY 90 DAYS (AS NEEDED) AND AWARDED TO THE LOWEST BIDDER.

PRICE INCREASES FOR SUBSEQUENT CONTRACT YEARS THREE, FOUR, AND FIVE, SHALL NOT EXCEED

THE PRODUCER PRICE INDEX (PPI) IN ANY ONE CONTRACT YEAR, AND SHALL BE NEGOTIATED #9..
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THROUGH THE PURCHASING DIVISION. REQUESTS FOR PRICE INCREASES SHALL BE SUBMITTED BY CONTRACTOR IN WRITING, SIXTY (60) DAYS PRIOR TO THE ANNUAL ANNIVERSARY DATE OF THE CONTRACT TO BE EFFECTIVE FOR THE SUBSEQUENT YEAR.

REFER TO ATTACHMENT “A” FOR CONTRACTUAL PRICING

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

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

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

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

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

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

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

9. TERMINATION OF SERVICES: THE CITY RESERVES THE RIGHT TO DISCONTINUE SERVICES WITH THE

PROVIDER UPON FAILURE TO MEET CONTRACTUAL EXPECTATIONS AND/OR OBLIGATIONS, AS RECOMMENDED BY THE SITE SUPERVISOR OR HIS/HER AGENT.

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

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

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

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

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

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

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

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

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

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

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

ORDER, FAILING WHICH CITY RESERVES THE RIGHT TO PURCHASE ELSEWHERE AND CHARGE

VENDOR WITH ANY LOSS INCURRED, UNLESS DELAY IN MAKING SHIPMENT IS DUE TO

UNFORESEEABLE CAUSES BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE OF THE VENDOR.
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13. CHANGES: THIS PURCHASE ORDER MAY AT ANY TIME, BY WRITTEN ORDER, BE CHANGED IN REGARD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE FOREGOING, THE PARTIES AGREE THAT ALL RISK OF LOSS, INCLUDING BUT NOT LIMITED TO #9..
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DAMAGES, PROPERTY LOSSES AND DEFENSE OF THIRD PARTY SUITS, ARISING OUT OF OR RELATING TO THE OPERATION OF CITY OWNED VEHICLES BY VENDOR’S EMPLOYEES IS APPORTIONED TO VENDOR IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN INDEMNITY.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

26. MISCELLANEOUS: TIME IS OF THE ESSENCE IN EACH AND EVERY PROVISION OF THIS PURCHASE ORDER/AGREEMENT.

ATTACHMENT A
ANNUAL PURCHASE AGREEMENT NO. 233560

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

MODESTO SEWER OR STORM
$ 330.50
35 107100 ASSEMBLY, CI MANHOLE COVER TO BE MARKED: "CITY OF MODESTO" "SEWER" OR "STORM"
$ 639.00
36 NEW
ITEM
BOX, CI, ROUND, 10", WITHOUT FLANGE, BINGHAM & TAYLOR
MARK V, CUL10RHVY, NO SUB
$ 96.60
37 100022 BOX, CI, ROUND, 10", WITH FLANGE, BINGHAM & TAYLOR MARK V, CUL10RHVYF, NO SUB
$ 135.50
38 101022 COVER, CI, ROUND, 10", STANDARD WATER, BINGHAM & TAYLOR MARK V, CUL10LHVYW
$ 43.60
39 128100 KIT GRIP RING ACCESSORY 4"
C900 ROMAC ONLY NO SUB
$ 65.00
40 128110 KIT GRIP RING ACCESSORY 6"
C900 ROMAC ONLY NO SUB
$ 75.00
41 128120 KIT GRIP RING ACCESSORY 8"
C900 ROMAC ONLY NO SUB
$ 107.00
42 128130 KIT GRIP RING ACCESSORY 10"
C900 ROMAC ONLY NO SUB
$ 153.00
43 128140 KIT GRIP RING ACCESSORY 12"
C900 ROMAC ONLY NO SUB
$ 210.00
44 128200 GRIP RING 4" SDR $ 76.30
45 128210 GRIP RING 6" SDR $ 92.60
46 128220 GRIP RING 8" SDR $ 129.90
47 128230 GRIP RING 10" SDR $ 225.50
48 128240 ACCESSORY PACK GRIP RING 12" SDR $ 239.20
49 128300 MEGA LUG C900 16" $ 293.40
50 128310 MEGA LUG DUCTILE 16" $ 234.20
51 212000 CHECK VALVE HYDRANT BREAK OFF SP-CLP619 $ 1,925.00 52 212005 CHECK VALVE HYDRANT REPAIR KIT, 6 HOLE CR1621360, LP619 $ 259.00 53 212010 CHECK VALVE HYDRANT FLOWGUARD S24 AVK $ 1,800.80 54 128500 ADAPTER DI MJ X F 4" X 4" 6" LONG $ 59.00
55 128510 ADAPTER DI MJ X F 6" X 6" 6" LONG $ 81.00
56 128520 ADAPTER DI MJ X F 8" X 8" 6" LONG $ 121.00
57 128530 ADAPTER DI MJ X F 10" X 10" 6" LONG $ 210.00
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58 128540
ADAPTERDIMJXF12"X12"6"LONG$269.00
59 129220BENDOFFSETDIMJ4"X12"$126.00
60 129240BENDOFFSETDIMJ4"X18"$170.00
61 129260BENDOFFSETDIMJ4"X24"$196.00
62 129320BENDOFFSETDIMJ6"X12"$216.00
63 129340BENDOFFSETDIMJ6"X18"$265.00
64 129360BENDOFFSETDIMJ6"X24"$335.00
65 129520BENDOFFSETDIMJ8"X12"$308.00
66 129540BENDOFFSETDIMJ8"X18"$383.00
67 129560BENDOFFSETDIMJ8"X24"$546.00
68 129620BENDOFFSETDIMJ10"X12"$450.00
69 129640BENDOFFSETDIMJ10"X18"$534.00
70 129660BENDOFFSETDIMJ10"X24"$1,075.20
71 129720BENDOFFSETDIMJ12"X12"$537.00
72 129740BENDOFFSETDIMJ12"X18"$650.00
73 129760BENDOFFSETDIMJ12"X24"$917.00
74 130010CROSSFIG4"$172.00
75 130020CROSSFIG6"$359.20
76 130030CROSSFIG8"$536.60
77 130040CROSSFIG10"$1,059.80
78 130050CROSSFIG12"$1,199.50
79 130090CROSSDIFLG10"X8"$830.00
80NEW
ITEM
CROSSDIFLG12"X8"$1,080.00
81NEW
ITEM
CROSSDIFLG12"X10"$1,298.00
82NEW
ITEM
CROSSDIFLG16"X16"X12"X12"$1,892.00
83 130300BENDCIFLANGEXFLANGE4"X90°$113.00
84 130310BENDCIFLANGEXFLANGE6"X90°$175.00
85 130320BENDCIFLANGEXFLANGE8"X90°$286.00
86 130330BENDCIFLANGEXFLANGE10"X90°$455.00
87 130340BENDCIFLANGEXFLANGE12"X90°$592.00
88 130400BENDDIMJ11.254"$47.00
89 130410BENDDIMJ11.256"$78.00
90 130420BENDDIMJ11.258"$105.00
91 130430BENDDIMJ11.2510"$174.60
92 130440BENDDIMJ11.2512"$210.00
93 130450BENDDIMJ22.504"$48.00
94 130460BENDDIMJ22.506"$74.00
95 130470BENDDIMJ22.508"$116.00
96 130480BENDDIMJ22.5010"$171.00
97 130490BENDDIMJ22.5012"$224.00
98 130500BENDDIMJ4"X45°$51.00
99 130510BENDDIMJ6"X45°$81.00
100 130520BENDDIMJ8"X45°$118.00
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101 130530
BENDDIMJ10"X45°$172.00
102 130540BENDDIMJ12"X45°$257.00
103 130700BENDDIMJXFLANGE4"X45°$77.00
104 130710BENDDIMJXFLANGE6"X45°$111.00
105 130720BENDDIMJXFLANGE8"X 45°$214.00
106 130730BENDDIMJXFLANGE10"X45°$314.00
107 130740BENDDIMJXFLANGE12"X45°$467.00
108 131500BENDDIMJ4"X90°$62.00
109 131510BENDDIMJ6"X90°$101.00
110 131520BENDDIMJ8"X90°$146.00
111 131530BENDDIMJ10"X90°$230.00
112 131540BENDDIMJ12"X90°$310.00
113 131700BENDDIMJXF4"X 90°$70.00
114 131710BENDDIMJXF6X90°$123.00
115 131720BENDDIMJXF8"X 90°$215.00
116 131730BENDDIMJXF10"X90°$350.00
117 131740BENDDIMJXF12X 90°$503.00
118 132100CAPDIMJ4"WITH2"FIPTOUTLET$48.00
119 132120CAPDIMJ6"WITH2"FIPTOUTLET$65.00
120NEW
ITEM
CAPDIMJ6"WITH4"FIPTOUTLET$150.80
121 132140CAPDIMJ8"WITH2"FIPTOUTLET$91.00
122 132145CAPDIMJ8"WITH4"FIPTOUTLET$177.60
123 132160CAPDIMJ10"WITH2"FIPTOUTLET$108.00
124 132165CAPDIMJ10"WITH4"FIPTOUTLET$194.80
125 132180CAPDIMJ12"WITH2"FIPTOUTLET$150.00
126NEW
ITEM
CAPDIMJ12"WITH4"FIPTOUTLET$237.40
127 132203CAPDIMJ16"WITH4"FIPTOUTLET$367.00
128 132210MJPLUG/2"FIPTOUTLET4"$53.00
129NEW
ITEM
PLUGMJ6"WITH2"FIPTOUTLET$77.00
130 132215MJPLUG/4"FIPTOUTLET6"$164.20
131 132219MJPLUG/2"FIPTOUTLET8"$104.00
132 132220MJPLUG/4"FIPTOUTLET8"$190.50
133 132225MJPLUG/4"FIPTOUTLET10"$251.30
134 132230MJPLUG/4"FIPTOUTLET12"$249.40
135 132300REDUCERDIMJ6"X 4"$58.00
136 132310REDUCER,SMALLENDBELL6"X4"$60.00
137 132400REDUCERDIMJ8"X 6"$85.00
138 132480REDUCERDIMJ12"X8"$146.00
139 132500REDUCERDIMJ12"X 10"$163.00
140 132610REDUCERMJSMALLENDBELL8"X6"$91.00
141 132620REDUCERMJSMALLENDBELL10"X8"$151.00
142 132630REDUCER,LARGEENDBELL6"X4"$91.00
143 132650REDUCER,LARGEENDBELL8"X6"$83.00
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144 132680
REDUCER,LARGEENDBELL10"X8"$152.00
145 132720REDUCER,LARGEENDBELL12"X10"$199.00
146 133800SLEEVEDIMJXMJ4"X12"$54.00
147 133810SLEEVEDIMJXMJ6"X12"$91.00
148 133820SLEEVEDIMJXMJ8"X12"$146.00
149 133830SLEEVEDIMJXMJ10"X12"$175.00
150 133840SLEEVEDIMJXMJ12"X 12"$236.00
151 133860SLEEVEDIMJXMJ16"X12"$263.50
152 134140SPOOLDIFLANGEXFLANGE4"X12"$275.00
153 134160SPOOLDIFLANGEXFLANGE6"X12"$346.00
154 134180SPOOLDIFLANGEXFLANGE8"X12"$511.00
155 134340SPOOLDIFLANGEXFLANGE4"X18"$305.00
156 134360SPOOLDIFLANGEXFLANGE6"X18"$382.00
157 134380SPOOLDIFLANGEXFLANGE8"X18"$560.00
158 134740SPOOLDIFLANGEXFLANGE4"X 36"$396.00
159 134760SPOOLDIFLANGEXFLANGE6"X36"$490.00
160 134780SPOOLDIFLANGEXFLANGE8"X36"$713.00
161 134790SPOOLDIFLANGEXFLANGE4"X48"$456.86
162 134795SPOOLDIFLANGEXFLANGE6"X48"$561.80
163 134800SPOOLDIFLANGEXFLANGE8"X48"$1,078.00
164NEW
ITEM
SPOOLDIFLANGEXFLANGE10"X48"$1,051.52
165 134805SPOOLDIFLANGEXFLANGE12"X48"$1,360.00
166 134820SPOOLDIFLANGEXFLANGE4"X60"$504.00
167 134825SPOOLDIFLANGEXFLANGE6"X60"$633.88
168 134830SPOOLDIFLANGEXFLANGE8"X60"$915.00
169 134850SPOOLDIFLANGEXFLANGE10"X60"$1,183.00
170 134840SPOOLDIFLANGEXFLANGE4"X72"$576.00
171 134860SPOOLDIFLANGEXFLANGE6"X72"$706.00
172 134855SPOOLDIFLANGEXFLANGE10"X72"$1,315.00
173 135100TEECIFLGXFLG4"$206.00
174 135110TEECIFLGXFLG6"$256.00
175 135120TEECIFLGXFLG8"$427.00
176 135130TEECIFLGXFLG10"$649.00
177 135140TEECIFLGXFLG12"$924.00
178 135200TEEFIGSMALLENDBELL10"X6"$351.10
179 135300TEECIFLGXFLG8"X6"$368.00
180 135310TEEFIGSMALLENDBELL10"X8"$377.90
181 135400TEECIFLGXFLG12"X6"$763.30
182 135410TEECIFLGXFLG12"X8"$784.00
183 135495TEEFLG16"X12"$1,460.00
184 135500TEEDIMJXMJXFLANGE4"$105.00
185 135510TEEDIMJXMJXFLANGE6"$166.00
186 135520TEEDIMJXMJXFLANGE8"$256.00
187 135525TEEMJXFLGDI10"$468.00
188 135600TEEDIMJXMJXFLANGE8"X6"$201.00
#9..
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189 135650 TEE MJ X FIG 10" X 6" $ 342.00
190 135700 TEE DI MJ X MJ X FLANGE 12" X 6" $ 384.00
191 135710 TEE DI MJ X MJ X FLANGE 12" X 8" $ 427.00
192 136090 BURY HYDRANT MJ X F 6" X 6" X 24" $ 350.00
193 136095 BURY HYDRANT MJ X F 6" X 6" X 30" $ 345.00
194 136100 BURY HYDRANT DI MJ X F 6" X 6" X 36" $ 359.00 195 136150 BURY HYDRANT DI MJ X F 6" X 6" X 42" $ 410.00 196 136170 FLANGE BLIND CI OR STEEL 6 HOLE 6" CLASS D $ 150.10 197 136200 FLANGE BLIND CI/DI 125LB 4" $ 53.00
198 136210 FLANGE BLIND CI/DI 125LB 6" $ 79.00
199 136220 FLANGE BLIND CI/DI 125LB 8" $ 133.00
200 136230 FLANGE BLIND CI/DI 125LB 10" $ 199.00
201 136240 FLANGE BLIND CI/DI 125LB 12" $ 268.00
202 136310 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 6" $ 130.00 203 136320 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 8" $ 134.40 204 136330 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 10" $ 151.40 205 136340 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 12" $ 152.80 206 136900 CAP, HYDRANT, CAST IRON, VENTED WITH CHAIN RING, CHAINS, AND GASKET.
$ 67.40
207 136910 CAP, HYDRANT, CAST IRON, VENTED WITH CHAIN RINGS, CHAIN AND GASKET.
$ 147.00
208 NEW
ITEM
VALVE, SWING CHECK, FLANGE 6"X14” W/OUTSIDE LEVER &
WEIGHT
MFG BRAND/MDL NO: MATCO 120 WC
$ 939.20
209 144630 VALVE, SWING CHECK, FLANGE 8"X19.5” W/OUTSIDE LEVER & WEIGHT
MFG BRAND/MDL NO: MATCO 120 WC
$ 1,467.20
210 NEW
ITEM
VALVE, SWING CHECK, FLANGE 10" X 24.5” W/OUTSIDE LEVER
& WEIGHT
MFG BRAND/MDL NO: MATCO 120 WC
$ 1,848.40
211 NEW
ITEM
VALVE, SWING CHECK, FLANGE 12"X 27.5 W/OUTSIDE LEVER &
WEIGHT
MFG BRAND/MDL NO: MATCO 120 WC
$ 2,939.40
212 NEW
ITEM
VALVE, GATE, OS&Y, FL X FL 4"
FNW/FIGURE 751
$ 223.00
213 NEW
ITEM
VALVE, GATE, OS&Y, FL X FL 6"
FNW/FIGURE 751
$ 350.00
#9..
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214 NEW
ITEM
VALVE, GATE, OS&Y, FL X FL 8"
FNW/FIGURE 751
$ 565.00
PRICING IS F.O.B. DESTINATION, MODESTO, CA.

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

CITY OF MODESTO SALES TAX RATE 7.875%
PAYMENT TERMS: NET 30
VENDOR CONTACT: SHANE STOWE
[email protected]
(916) 758-0711
#9..
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BY: ________________________________________ BY: ________________________________________ VENDOR –

NAME/TITLE -DATE
CITY OF MODESTO –

PURCHASING DIVISION -DATE
DocuSign Envelope ID: 48BC9181-566E-424D-AB0E-B0D2779BF161 John Gonzalez Ferguson Sales Manager

12.26.2022
12/26/2022
DeAnna Christensen
Director of Finance
12/26/2022
12/26/2022
#9..
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

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

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

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF

ICONIX WATERWORKS INC
X
12/6/2022
Alex Mog
X
ANNUAL AGREEMENT NO. 233561
75369
X
Juana Lynch
Finance
#9..
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CITY OF MODESTO

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

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

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

CITY OF MODESTO

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

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

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

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

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

2. PRICING SHALL REMAIN FIRM FOR EACH CONTRACT YEAR, WITH THE EXCEPTION OF ITEMS 1-39 IN WHICH PRICING WILL BE OBTAINED EVERY 90 DAYS (AS NEEDED) AND AWARDED TO THE LOWEST BIDDER.

PRICE INCREASES FOR SUBSEQUENT CONTRACT YEARS THREE, FOUR, AND FIVE, SHALL NOT EXCEED

THE PRODUCER PRICE INDEX (PPI) IN ANY ONE CONTRACT YEAR, AND SHALL BE NEGOTIATED DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF 458
#9..
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THROUGH THE PURCHASING DIVISION. REQUESTS FOR PRICE INCREASES SHALL BE SUBMITTED BY CONTRACTOR IN WRITING, SIXTY (60) DAYS PRIOR TO THE ANNUAL ANNIVERSARY DATE OF THE CONTRACT TO BE EFFECTIVE FOR THE SUBSEQUENT YEAR.

REFER TO ATTACHMENT “A” FOR CONTRACTUAL PRICING

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

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

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

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

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

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

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

9. TERMINATION OF SERVICES: THE CITY RESERVES THE RIGHT TO DISCONTINUE SERVICES WITH THE

PROVIDER UPON FAILURE TO MEET CONTRACTUAL EXPECTATIONS AND/OR OBLIGATIONS, AS RECOMMENDED BY THE SITE SUPERVISOR OR HIS/HER AGENT.

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

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

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

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

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

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

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

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

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

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

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

ORDER, FAILING WHICH CITY RESERVES THE RIGHT TO PURCHASE ELSEWHERE AND CHARGE

VENDOR WITH ANY LOSS INCURRED, UNLESS DELAY IN MAKING SHIPMENT IS DUE TO

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

DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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13. CHANGES: THIS PURCHASE ORDER MAY AT ANY TIME, BY WRITTEN ORDER, BE CHANGED IN REGARD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE FOREGOING, THE PARTIES AGREE THAT ALL RISK OF LOSS, INCLUDING BUT NOT LIMITED TO DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
- 319 -

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

26. MISCELLANEOUS: TIME IS OF THE ESSENCE IN EACH AND EVERY PROVISION OF THIS PURCHASE ORDER/AGREEMENT.

ATTACHMENT A
ANNUAL PURCHASE AGREEMENT NO. 233561

CONCRETE BOXES, COVERS, VALVES, HYDRANTS AND FITTINGS
DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
- 320 -

CONTRACTUAL PRICE LIST
Line Items 1-38: Prices Subject to change every 90 days. Validate lowest price among awarded vendors LINE
ITEM
COM # DESCRIPTION UNIT PRICE
1 100000 BOX, FIBRELYTE FL8 BOX $ 43.63
2 100010 BOX, CONCRETE F08, 8 1/2" ROUND $ 20.36
3 100020 BOX, CONCRETE UTILITY B9 BOX $ 34.26
4 100040 BOX, CONCRETE UTILITY B12 BOX $ 35.64
5 100050 BOX, FIBERLYTE FL 12 BOX $ 115.36
6 100060 BOX, FIBRELYTE 12" FL30 BOX 12 $ 216.19
7 100080 BOX, CONCRETE ELECTRICAL N30 BOX $ 49.29
8 100100 BOX, FIBRELYTE 12" FL36 BOX 12 $ 188.07
9 100120 BOX, CONCRETE UTILITY B36 BOX $ 66.17
10 100180 BOX, CONCRETE VALVE TRAFFIC G5 BOX $ 41.72
11 101000 COVER, CAST IRON MARKED WATER F8C $ 27.87
12 101010 COVER, CAST IRON MARKED SEWER F8C $ 27.87
13 101020 COVER, CAST IRON MARKED WATER B9C $ 59.74
14 101021 COVER, FIBERLYTE W/CI READ LID MARKED WATER FL9D $ 80.48 15 101040 COVER, CAST IRON MARKED WATER B12C $ 49.57
16 101041 COVER, FIBERLYTE W/CI READ LID MARKED WATER FL12D $ 64.64 17 101080 COVER, FIBRELYTE, MARKED ELEC., TRAFFIC SIGNAL, ST. LIGHT, WATER FL30D & 101084
$ 115.36
18 101081 COVER, CONCRETE MARKED ELECTRIC, TRAFFIC SIGNAL, OR STREET LIGHT N30D
$ 46.08
19 101082 COVER, CONCRETE W/CI READ LID MARKED WATER B30G $ 64.03 20 101120 COVER, CONCRETE MARKED TRAFFIC SIGNAL B36D $ 291.17 21 101121 COVER, CONCRETE W/CI READ LID MARKED WATER B36G $ 79.56 22 101123 COVER, FIBRELYTE MARKED TRAFFIC SIGNAL OR WATER FL36D & 101124
$ 182.57
23 101180 COVER, CAST IRON TRAFFIC MARKED/ WATER/SEWER OR MONUMENT G5C
$ 31.34
24 103181 RING, GRADE CI (RISER) G5 1" W/BOLTS INSTALLED G5GR10 $ 44.20 25 103182 RING, GRADE CI (RISER) G5 1 1/2" W/BOLTS INSTALLED G5GR15
$ 50.37
26 103183 RING, GRADE CI (RISER) G5 2" W/BOLTS INSTALLED G5GR20 $ 63.49 27 101200 COVER, FIBERLYTE W/CI READ LID MARKED WATER FL16D $ 82.08 DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
- 321 -
28 101083 COVER, CHECKER, PLATE WITH READ LID, CHRISTY B30-61G $ 238.40 29 101122 COVER, CHECKER, PLATE WITH READ LID, CHRISTY B36-61G $ 291.17 30 101220 COVER, CAST IRON MARKED
WATER BES G5C BES ONLY NO SUB
$ 31.34
31 101370 COVER, PLASTIC, GREEN MARKED
"WATER" 15 1/2" X 10 3/16" NDS D1200SGWTRL
$ 28.00
32 101375 COVER, PLASTIC, GRN MKD "WTR MTR" CVR:19.75" X 13.25" LID: 7.5" X 4.5" CARSON 1220-5
$ 36.56
33 105000 GRATE ONLY, CAST IRON A109/C-2818-01 $ 206.70 34 105100 COVER, CI MANHOLE, W/ONE VENT HOLE TO BE MKD CITY OF

MODESTO SEWER OR STORM
$ 322.24
35 107100 ASSEMBLY, CI MANHOLE COVER TO BE MARKED: "CITY OF MODESTO" "SEWER" OR "STORM"
$ 322.24
36 NEW
ITEM
BOX, CI, ROUND, 10", WITHOUT FLANGE, BINGHAM & TAYLOR
MARK V, CUL10RHVY, NO SUB
$ 92.01
37 100022 BOX, CI, ROUND, 10", WITH FLANGE, BINGHAM & TAYLOR MARK V, CUL10RHVYF, NO SUB
$ 134.63
38 101022 COVER, CI, ROUND, 10", STANDARD WATER, BINGHAM & TAYLOR MARK V, CUL10LHVYW
$ 43.95
PRICING IS F.O.B. DESTINATION, MODESTO, CA.

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

CITY OF MODESTO SALES TAX RATE 7.875%
PAYMENT TERMS: NET 30
VENDOR CONTACT: TIM SWEENEY
[email protected]
OFFICE: (916) 640-8808
CELL: (916) 216-6619
DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
- 322 -
BY: ________________________________________ BY: ________________________________________ VENDOR –

NAME/TITLE -DATE
CITY OF MODESTO –

PURCHASING DIVISION -DATE
DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF 12/22/2022
12/22/2022

TIM SWEENEY
12/22/2022
12/22/2022
DeAnna Christensen, Director of Finance
#9..
- 323 -
.
0000000000000000000000000000000000000000000000

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 6, 2022
Date: November 10, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Purchase Agreement for Concrete Boxes, Covers, Valves, and Fittings CONTACT: Cynthia Kline, Purchasing Manager, [email protected], 209-577-5412 DESCRIPTION:

Consider approving a Purchasing Agreements for Concrete Boxes, Covers, Valves and Fittings to Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and to American AVK, Minden, NV for a total amount not to exceed $3,825,000 over five years. (Funding Source:

Water and Wastewater Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

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

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

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

DISCUSSION:

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

DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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City Council, December 6, 2022
Purchase Agreement for Concrete Boxes, Covers, Valves and Fittings

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

On August 30, 2022 bids were formally opened in the City Clerk’s office. Four (4) companies chose to respond. All companies provided responsive and responsible bids. Only one (1) was a local vendor.

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

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

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

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

Based on providing responsive and responsible bids, staff recommends the award of bids for the purchase of concrete boxes, covers, valves, hydrants and fittings to three vendors with the overall lowest responsive and responsible bids to Ferguson Waterworks, Modesto Ca, Iconix Waterworks, McClellan CA, and American AVK, Minden, NV for a (1) one–year Agreement with (4) four one-year extension options, for a total estimated annual cost not to exceed $765,000 and $3,825,000 over five years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. The award of bid for the purchase of concrete boxes, covers, valves, hydrants and fittings to Ferguson Waterworks, Modesto, CA, Iconix Waterworks, McClellan, CA and American AVK, Minden NV conforms to the Modesto Municipal Code because the City complied with the formal bid procedures, and all three vendors were the lowest responsive and responsible bidders.

FISCAL IMPACT:

The previous annual spend is indicated in the table below:

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

TO DATE
Annual Spend $505,263 $367,123 $415,238 $571,990 $584,040 $2,443,654 With current pricing per RFB No. 2122-48 and accounting for potential Producer Price Index (PPI) increases over the next five years, staff estimates an annual cost not to exceed $765,000 among all three vendors, and not to exceed $3,825,000 over five years. Funds are allocated across the following accounts:

DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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City Council, December 6, 2022
Purchase Agreement for Concrete Boxes, Covers, Valves and Fittings

FUND ACCOUNT
NUMBER

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

This item was previously heard by Finance Committee on November 9, 2022 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Bid and Purchasing Agreements for Concrete Boxes, Covers, Valves, Hydrants and Fittings to Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and American AVK, Minden, NV for a one–year Agreement with four one-year extension options, for a total estimated annual amount not to exceed $765,000, and a total amount not to exceed $3,825,000 over five years; and authorizing the Director of Finance, or her designee to execute the Purchasing Agreements.

Approved by:

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

1. Resolution

2. Bid Submittal - Ferguson Waterworks

3. Bid Submittal - Iconix Waterworks

4. Bid Submittal - American AVK

5. Agreement - Ferguson Waterworks

6. Agreement - Iconix Waterworks

7. Agreement - American AVK

8. Financial Interest Disclosure – Ferguson Waterworks

9. Financial Interest Disclosure – Iconix Waterworks

10. Financial Interest Disclosure – American AVK
DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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City Council, December 6, 2022
Purchase Agreement for Concrete Boxes, Covers, Valves and Fittings

11. Cost Abstract
DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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12/06/2022/Finance/CKline/Item 10 1 2022-458

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-458

RESOLUTION APPROVING THE AWARD OF BID AND PURCHASING

AGREEMENTS FOR CONCRETE BOXES, COVERS, VALVES, HYDRANTS

AND FITTINGS TO FERGUSON WATERWORKS, MODESTO, CA, ICONIX

WATERWORKS, MCCLELLAN, CA, AND AMERICAN AVK, MINDEN, NV

FOR A ONE-YEAR AGREEMENT WITH FOUR ONE-YEAR EXTENSION

OPTIONS, FOR A TOTAL ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $765,000, AND A TOTAL AMOUNT NOT TO EXCEED $3,825,000 OVER FIVE

YEARS, AND AUTHORIZING THE DIRECTOR OF FINANCE, OR HER

DESIGNEE TO EXECUTE THE PURCHASING AGREEMENTS
WHEREAS, the City Manager authorized the Purchasing Manager to issue formal Request for Bids (RFB) for purchase of concrete boxes, covers, valves, hydrants and fittings, and
WHEREAS, on July 20, 2022, the Purchasing Division issued RFB No. 2122-48 for the purchase of concrete boxes, covers, valves, hydrants and fittings on the City’s website, and
WHEREAS, (18) eighteen prospective bidders chose to download the RFB document, and
WHEREAS, on August 30, 2022, bids were formally opened in the City Clerk’s Office, and
WHEREAS, four companies chose to respond, with all bidders providing responsive and responsible bids, one of which is a local vendor, and WHEREAS, due to market volatility, thirty-eight (38) items were bid as ninety (90) day pricing, and
WHEREAS, staff will obtain pricing for these items as needed, within each ninety (90) day period, ensuring the City orders from the lowest vendor, and DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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12/06/2022/Finance/CKline/Item 10 2 2022-458
WHEREAS, based on providing lowest responsive and responsible bids, City staff recommends the award of bids for the purchase of concrete boxes, covers, valves, hydrants and fittings to Ferguson Waterworks, Modesto, CA, Iconix Waterworks, McClellan, CA, and to American AVK, Minden, NV for a (1) one-year purchasing agreement with (4) four (1) one-year extension options, for an annual cost not to exceed $765,000 and an amount not to exceed $3,825,000 over five years, and WHEREAS, as shown in the attached cost abstract, the highlighted portions indicate the low bidders. In addition, local vendor Ferguson Waterworks has agreed to match low bid on 148 of the items that complies with Modesto Municipal Code 8-3.206 Support of Local Vendors, and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. The award of bids for the purchase of concrete boxes, covers, valves, hydrants and fittings to Ferguson Waterworks, Modesto, CA, Iconix Waterworks, McClellan CA, and American AVK, Minden, NV conforms to the Modesto Municipal Code, and
WHEREAS, expenditures for the prior 5-year agreement totaled $2,443,654.

With current pricing per RFB No. 2122-48 and accounting for potential producer price index (PPI) increases over the next five years, staff estimates an annual cost not to exceed $765,000 among all three vendors, and not to exceed $3,825,000 over five years.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the purchase agreements for concrete boxes, covers, valves, hydrants and fittings to Ferguson Waterworks, Modesto, CA, Iconix Waterworks, DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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LINE
ITEM COM # DESCRIPTION QTY UOM

FERGUSON

ENTERPRISES

FERGUSON

EXTENDED
ICONIX

WATERWORKS
ICONIX

EXTENDED PACE SUPPLY PACE EXTENDED

AMERICAN AVK

COMPANY

AMERICAN AVK

EXTENDED
1 100000 BOX, FIBRELYTE FL8 BOX 10 EA $ 44.80 $ 448.00 $ 43.63 $ 436.30 $ 52.00 $ 520.00 NO BID NO BID 2 100010 BOX, CONCRETE F08, 8 1/2" ROUND 300 EA $ 20.90 $ 6,270.00 $ 20.36 $ 6,108.00 $ 24.00 $ 7,200.00 NO BID NO BID 3 100020 BOX, CONCRETE UTILITY B9 BOX 1 EA $ 35.20 $ 35.20 $ 34.26 $ 34.26 $ 42.00 $ 42.00 NO BID NO BID 4 100040 BOX, CONCRETE UTILITY B12 BOX 20 EA $ 36.60 $ 732.00 $ 35.64 $ 712.80 $ 42.00 $ 840.00 NO BID NO BID 5 100050 BOX, FIBERLYTE FL 12 BOX 500 EA $ 118.30 $ 59,150.00 $ 115.36 $ 57,680.00 $ 136.00 $ 68,000.00 NO BID NO BID 6 100060 BOX, FIBRELYTE 12" FL30 BOX 12 1 EA $ 221.70 $ 221.70 $ 216.19 $ 216.19 $ 153.00 $ 153.00 NO BID NO BID 7 100080 BOX, CONCRETE ELECTRICAL N30 BOX 1 EA $ 50.60 $ 50.60 $ 49.29 $ 49.29 $ 58.00 $ 58.00 NO BID NO BID 8 100100 BOX, FIBRELYTE 12" FL36 BOX 12 14 EA $ 192.90 $ 2,700.60 $ 188.07 $ 2,632.98 $ 222.00 $ 3,108.00 NO BID NO BID 9 100120 BOX, CONCRETE UTILITY B36 BOX 5 EA $ 67.90 $ 339.50 $ 66.17 $ 330.85 $ 78.00 $ 390.00 NO BID NO BID 10 100180 BOX, CONCRETE VALVE TRAFFIC G5 BOX 230 EA $ 42.80 $ 9,844.00 $ 41.72 $ 9,595.60 $ 46.50 $ 10,695.00 NO BID NO BID 11 101000 COVER, CAST IRON MARKED WATER F8C 1 EA $ 28.60 $ 28.60 $ 27.87 $ 27.87 $ 31.00 $ 31.00 NO BID NO BID 12 101010 COVER, CAST IRON MARKED SEWER F8C 300 EA $ 28.60 $ 8,580.00 $ 27.87 $ 8,361.00 $ 31.00 $ 9,300.00 NO BID NO BID 13 101020 COVER, CAST IRON MARKED WATER B9C 8 EA $ 61.30 $ 490.40 $ 59.74 $ 477.92 $ 66.50 $ 532.00 NO BID NO BID 14 101021 COVER, FIBERLYTE W/CI READ LID MARKED WATER FL9D 50 EA $ 82.60 $ 4,130.00 $ 80.48 $ 4,024.00 $ 90.00 $ 4,500.00 NO BID NO BID 15 101040 COVER, CAST IRON MARKED WATER B12C 50 EA $ 50.90 $ 2,545.00 $ 49.57 $ 2,478.50 $ 132.00 $ 6,600.00 NO BID NO BID 16 101041 COVER, FIBERLYTE W/CI READ LID MARKED WATER FL12D 500 EA $ 66.30 $ 33,150.00 $ 64.64 $ 32,320.00 $ 72.00 $ 36,000.00 NO BID NO BID 17 101080 COVER, FIBRELYTE, MARKED ELEC., TRAFFIC SIGNAL, ST. LIGHT, WATER FL30D & 101084 1 EA $ 118.30 $ 118.30 $ 115.36 $ 115.36 $ 136.00 $ 136.00 NO BID NO BID 18 101081 COVER, CONCRETE MARKED ELECTRIC, TRAFFIC SIGNAL, OR STREET LIGHT N30D 1 EA $ 47.30 $ 47.30 $ 46.08 $ 46.08 $ 55.00 $ 55.00 NO BID NO BID 19 101082 COVER, CONCRETE W/CI READ LID MARKED WATER B30G 1 EA $ 65.70 $ 65.70 $ 64.03 $ 64.03 $ 78.00 $ 78.00 NO BID NO BID 20 101120 COVER, CONCRETE MARKED TRAFFIC SIGNAL B36D 1 EA $ 66.50 $ 66.50 $ 291.17 $ 291.17 $ 77.00 $ 77.00 NO BID NO BID 21 101121 COVER, CONCRETE W/CI READ LID MARKED WATER B36G 5 EA $ 81.60 $ 408.00 $ 79.56 $ 397.80 $ 94.00 $ 470.00 NO BID NO BID 22 101123 COVER, FIBRELYTE MARKED TRAFFIC SIGNAL OR WATER FL36D & 101124 1 EA $ 187.30 $ 187.30 $ 182.57 $ 182.57 $ 217.00 $ 217.00 NO BID NO BID 23 101180 COVER, CAST IRON TRAFFIC MARKED/ WATER/SEWER OR MONUMENT G5C 450 EA $ 32.20 $ 14,490.00 $ 31.34 $ 14,103.00 $ 35.00 $ 15,750.00 NO BID NO BID 24 103181 RING, GRADE CI (RISER) G5 1" W/BOLTS INSTALLED G5GR10 2 EA $ 45.40 $ 90.80 $ 44.20 $ 88.40 $ 56.00 $ 112.00 NO BID NO BID 25 103182 RING, GRADE CI (RISER) G5 1 1/2" W/BOLTS INSTALLED G5GR15 2 EA $ 51.70 $ 103.40 $ 50.37 $ 100.74 $ 63.00 $ 126.00 NO BID NO BID 26 103183 RING, GRADE CI (RISER) G5 2" W/BOLTS INSTALLED G5GR20 2 EA $ 65.10 $ 130.20 $ 63.49 $ 126.98 $ 80.00 $ 160.00 NO BID NO BID 27 101200 COVER, FIBERLYTE W/CI READ LID MARKED WATER FL16D 1 EA $ 84.20 $ 84.20 $ 82.08 $ 82.08 $ 130.00 $ 130.00 NO BID NO BID 28 101083 COVER, CHECKER, PLATE WITH READ LID, CHRISTY B30-61G 1 EA $ 244.50 $ 244.50 $ 238.40 $ 238.40 $ 281.00 $ 281.00 NO BID NO BID 29 101122 COVER, CHECKER, PLATE WITH READ LID, CHRISTY B36-61G 1 EA $ 298.60 $ 298.60 $ 291.17 $ 291.17 $ 343.00 $ 343.00 NO BID NO BID 30 101220

COVER, CAST IRON MARKED
WATER BES G5C BES ONLY NO SUB 1 EA $ 32.20 $ 32.20 $ 31.34 $ 31.34 $ 35.00 $ 35.00 NO BID NO BID 31 101370

COVER, PLASTIC, GREEN MARKED
"WATER" 15 1/2" X 10 3/16" NDS D1200SGWTRL 1 EA $ 24.60 $ 24.60 $ 28.00 $ 28.00 $ 60.00 $ 60.00 NO BID NO BID 32 101375
COVER, PLASTIC, GRN MKD "WTR MTR" CVR:19.75" X 13.25" LID: 7.5" X 4.5" CARSON 1220- 5 1 EA $ 37.50 $ 37.50 $ 36.56 $ 36.56 $ 200.00 $ 200.00 NO BID NO BID 33 105000 GRATE ONLY, CAST IRON A109/C-2818-01 1 EA $ 212.00 $ 212.00 $ 206.70 $ 206.70 $ 278.00 $ 278.00 NO BID NO BID 34 105100

COVER, CI MANHOLE, W/ONE VENT HOLE TO BE MKD CITY OF MODESTO SEWER OR STORM 50 EA $ 330.50 $ 16,525.00 $ 322.24 $ 16,112.00 $ 434.00 $ 21,700.00 NO BID NO BID 35 107100
ASSEMBLY, CI MANHOLE COVER TO BE MARKED: "CITY OF MODESTO" "SEWER" OR "STORM" 50 EA $ 639.00 $ 31,950.00 $ 322.24 $ 16,112.00 $ 434.00 $ 21,700.00 NO BID NO BID 36 NEW ITEM
BOX, CI, ROUND, 10", WITHOUT FLANGE, BINGHAM & TAYLOR MARK V, CUL10RHVY, NO SUB 1 EA $ 96.60 $ 96.60 $ 92.01 $ 92.01 $ 150.00 $ 150.00 NO BID NO BID 37 100022 BOX, CI, ROUND, 10", WITH FLANGE, BINGHAM & TAYLOR MARK V, CUL10RHVYF, NO SUB 200 EA $ 135.50 $ 27,100.00 $ 134.63 $ 26,926.00 $ 207.00 $ 41,400.00 NO BID NO BID 38 101022 COVER, CI, ROUND, 10", STANDARD WATER, BINGHAM & TAYLOR MARK V, CUL10LHVYW 200 EA $ 43.60 $ 8,720.00 $ 43.95 $ 8,790.00 $ 66.00 $ 13,200.00 NO BID NO BID 39 128100
KIT GRIP RING ACCESSORY 4"
C900 ROMAC ONLY NO SUB 75 EA $ 65.00 $ 4,875.00 $ 65.00 $ 4,875.00 $ 69.00 $ 5,175.00 NO BID NO BID 40 128110
KIT GRIP RING ACCESSORY 6"
C900 ROMAC ONLY NO SUB 275 EA $ 75.00 $ 20,625.00 $ 75.00 $ 20,625.00 $ 79.00 $ 21,725.00 NO BID NO BID 41 128120
KIT GRIP RING ACCESSORY 8"
C900 ROMAC ONLY NO SUB 251 EA $ 107.00 $ 26,857.00 $ 107.00 $ 26,857.00 $ 113.00 $ 28,363.00 NO BID NO BID 42 128130
KIT GRIP RING ACCESSORY 10"
C900 ROMAC ONLY NO SUB 38 EA $ 153.00 $ 5,814.00 $ 153.00 $ 5,814.00 $ 163.00 $ 6,194.00 NO BID NO BID 43 128140
KIT GRIP RING ACCESSORY 12"
C900 ROMAC ONLY NO SUB 88 EA $ 210.00 $ 18,480.00 $ 210.00 $ 18,480.00 $ 223.00 $ 19,624.00 NO BID NO BID 44 128200 GRIP RING 4" SDR 7 EA $ 76.30 $ 534.10 $ 65.00 $ 455.00 $ 79.00 $ 553.00 NO BID NO BID 45 128210 GRIP RING 6" SDR 5 EA $ 92.60 $ 463.00 $ 75.00 $ 375.00 $ 101.00 $ 505.00 NO BID NO BID 46 128220 GRIP RING 8" SDR 1 EA $ 129.90 $ 129.90 $ 107.00 $ 107.00 $ 144.00 $ 144.00 NO BID NO BID 47 128230 GRIP RING 10" SDR 1 EA $ 225.50 $ 225.50 $ 153.00 $ 153.00 $ 263.00 $ 263.00 NO BID NO BID 48 128240 ACCESSORY PACK GRIP RING 12" SDR 4 EA $ 239.20 $ 956.80 $ 210.00 $ 840.00 $ 299.00 $ 1,196.00 NO BID NO BID 49 128300 MEGA LUG C900 16" 1 EA $ 293.40 $ 293.40 $ 275.00 $ 275.00 $ 307.00 $ 307.00 NO BID NO BID 50 128310 MEGA LUG DUCTILE 16" 1 EA $ 234.20 $ 234.20 $ 269.00 $ 269.00 $ 243.00 $ 243.00 NO BID NO BID 51 212000 CHECK VALVE HYDRANT BREAK OFF SP-CLP619 12 EA $ 1,925.00 $ 23,100.00 $ 1,971.60 $ 23,659.20 $ 1,955.00 $ 23,460.00 NO BID NO BID 52 212005 CHECK VALVE HYDRANT REPAIR KIT, 6 HOLE CR1621360, LP619 2 EA $ 259.00 $ 518.00 $ 286.20 $ 572.40 $ 280.00 $ 560.00 NO BID NO BID 53 212010 CHECK VALVE HYDRANT FLOWGUARD S24 AVK 3 EA $ 1,800.80 $ 5,402.40 $ 1,832.44 $ 5,497.32 $ 2,222.00 $ 6,666.00 $ 1,488.62 $ 4,465.86 54 128500 ADAPTER DI MJ X F 4" X 4" 6" LONG 4 EA $ 59.00 $ 236.00 $ 59.00 $ 236.00 $ 63.00 $ 252.00 NO BID NO BID 55 128510 ADAPTER DI MJ X F 6" X 6" 6" LONG 5 EA $ 81.00 $ 405.00 $ 81.00 $ 405.00 $ 87.00 $ 435.00 NO BID NO BID 56 128520 ADAPTER DI MJ X F 8" X 8" 6" LONG 11 EA $ 121.00 $ 1,331.00 $ 121.00 $ 1,331.00 $ 130.00 $ 1,430.00 NO BID NO BID 57 128530 ADAPTER DI MJ X F 10" X 10" 6" LONG 2 EA $ 210.00 $ 420.00 $ 210.00 $ 420.00 $ 226.00 $ 452.00 NO BID NO BID DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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58 128540 ADAPTER DI MJ X F 12" X 12" 6" LONG
6 EA$ 269.00$ 1,614.00$ 269.00$ 1,614.00$ 289.00$ 1,734.00 NO BID NO BID 59 129220 BEND OFFSET DI MJ 4" X 12"
1 EA$ 126.00$ 126.00$ 126.00$ 126.00$ 159.00$ 159.00 NO BID NO BID 60 129240 BEND OFFSET DI MJ 4" X 18"
1 EA$ 170.00$ 170.00$ 170.00$ 170.00$ 128.00$ 128.00 NO BID NO BID 61 129260 BEND OFFSET DI MJ 4" X 24"
1 EA$ 196.00$ 196.00$ 196.00$ 196.00$ 228.00$ 228.00 NO BID NO BID 62 129320 BEND OFFSET DI MJ 6" X 12" 10 EA
$ 216.00$ 2,160.00$ 216.00$ 2,160.00$ 256.00$ 2,560.00 NO BID NO BID 63 129340 BEND OFFSET DI MJ 6" X 18"
3 EA$ 265.00$ 795.00$ 265.00$ 795.00$ 312.00$ 936.00 NO BID NO BID 64 129360 BEND OFFSET DI MJ 6" X 24"
2 EA$ 335.00$ 670.00$ 335.00$ 670.00$ 395.00$ 790.00 NO BID NO BID 65 129520 BEND OFFSET DI MJ 8" X 12"
9 EA$ 308.00$ 2,772.00$ 308.00$ 2,772.00$ 363.00$ 3,267.00 NO BID NO BID 66 129540 BEND OFFSET DI MJ 8" X 18"
4 EA$ 383.00$ 1,532.00$ 383.00$ 1,532.00$ 450.00$ 1,800.00 NO BID NO BID 67 129560 BEND OFFSET DI MJ 8" X 24"
1 EA$ 546.00$ 546.00$ 546.00$ 546.00$ 645.00$ 645.00 NO BID NO BID 68 129620 BEND OFFSET DI MJ 10" X 12"
1 EA$ 450.00$ 450.00$ 450.00$ 450.00$ 530.00$ 530.00 NO BID NO BID 69 129640 BEND OFFSET DI MJ 10" X 18"
2 EA$ 534.00$ 1,068.00$ 534.00$ 1,068.00$ 594.00$ 1,188.00 NO BID NO BID 70 129660 BEND OFFSET DI MJ 10" X 24"
2 EA$ 1,075.20$ 2,150.40$ 917.00$ 1,834.00$ 1,163.00$ 2,326.00 NO BID NO BID 71 129720 BEND OFFSET DI MJ 12" X 12"
2 EA$ 537.00$ 1,074.00$ 537.00$ 1,074.00$ 599.00$ 1,198.00 NO BID NO BID 72 129740 BEND OFFSET DI MJ 12" X 18"
3 EA$ 650.00$ 1,950.00$ 650.00$ 1,950.00$ 722.00$ 2,166.00 NO BID NO BID 73 129760 BEND OFFSET DI MJ 12" X 24"
1 EA$ 917.00$ 917.00$ 917.00$ 917.00$ 1,018.00$ 1,018.00 NO BID NO BID 74 130010 CROSS FIG 4"
1 EA$ 172.00$ 172.00$ 172.00$ 172.00$ 232.00$ 232.00 NO BID NO BID 75 130020 CROSS FIG 6"
1 EA$ 359.20$ 359.20$ 210.00$ 210.00$ 376.00$ 376.00 NO BID NO BID 76 130030 CROSS FIG 8"
2 EA$ 536.60$ 1,073.20$ 229.00$ 458.00$ 561.00$ 1,122.00 NO BID NO BID 77 130040 CROSS FIG 10"
1 EA$ 1,059.80$ 1,059.80$ 368.00$ 368.00$ 1,108.00$ 1,108.00 NO BID NO BID 78 130050 CROSS FIG 12"
1 EA$ 1,199.50$ 1,199.50$ 644.00$ 644.00$ 1,254.00$ 1,254.00 NO BID NO BID 79 130090 CROSS DI FLG 10" X 8"
1 EA$ 830.00$ 830.00$ 830.00$ 830.00$ 890.00$ 890.00 NO BID NO BID 80 NEW ITEM CROSS DI FLG 12" X 8"
1 EA$ 1,080.00$ 1,080.00$ 1,080.00$ 1,080.00$ 1,200.00$ 1,200.00 NO BID NO BID 81 NEW ITEM CROSS DI FLG 12" X 10"
1 EA$ 1,298.00$ 1,298.00$ 1,298.00$ 1,298.00$ 1,441.00$ 1,441.00 NO BID NO BID 82 NEW ITEM CROSS DI FLG 16" X 16" X 12" X 12"
1 EA$ 1,892.00$ 1,892.00$ 1,892.00$ 1,892.00$ 2,232.00$ 2,232.00 NO BID NO BID 83 130300 BEND CI FLANGE X FLANGE 4" X 90°
5 EA$ 113.00$ 565.00$ 113.00$ 565.00$ 123.00$ 615.00 NO BID NO BID 84 130310 BEND CI FLANGE X FLANGE 6" X 90°
1 EA$ 175.00$ 175.00$ 175.00$ 175.00$ 189.00$ 189.00 NO BID NO BID 85 130320 BEND CI FLANGE X FLANGE 8" X 90°
2 EA$ 286.00$ 572.00$ 286.00$ 572.00$ 307.00$ 614.00 NO BID NO BID 86 130330 BEND CI FLANGE X FLANGE 10" X 90°
1 EA$ 455.00$ 455.00$ 455.00$ 455.00$ 490.00$ 490.00 NO BID NO BID 87 130340 BEND CI FLANGE X FLANGE 12" X 90°
1 EA$ 592.00$ 592.00$ 592.00$ 592.00$ 656.00$ 656.00 NO BID NO BID 88 130400 BEND DI MJ 11.25 4"
1 EA$ 47.00$ 47.00$ 47.00$ 47.00$ 52.00$ 52.00 NO BID NO BID 89 130410 BEND DI MJ 11.25 6"
1 EA$ 78.00$ 78.00$ 78.00$ 78.00$ 82.00$ 82.00 NO BID NO BID 90 130420 BEND DI MJ 11.25 8"
1 EA$ 105.00$ 105.00$ 105.00$ 105.00$ 124.00$ 124.00 NO BID NO BID 91 130430 BEND DI MJ 11.25 10"
1 EA$ 174.60$ 174.60$ 105.00$ 105.00$ 184.00$ 184.00 NO BID NO BID 92 130440 BEND DI MJ 11.25 12"
1 EA$ 210.00$ 210.00$ 210.00$ 210.00$ 240.00$ 240.00 NO BID NO BID 93 130450 BEND DI MJ 22.50 4"
1 EA$ 48.00$ 48.00$ 48.00$ 48.00$ 52.00$ 52.00 NO BID NO BID 94 130460 BEND DI MJ 22.50 6"
6 EA$ 74.00$ 444.00$ 74.00$ 444.00$ 79.00$ 474.00 NO BID NO BID 95 130470 BEND DI MJ 22.50 8"
5 EA$ 116.00$ 580.00$ 116.00$ 580.00$ 124.00$ 620.00 NO BID NO BID 96 130480 BEND DI MJ 22.50 10"
2 EA$ 171.00$ 342.00$ 171.00$ 342.00$ 189.00$ 378.00 NO BID NO BID 97 130490 BEND DI MJ 22.50 12"
1 EA$ 224.00$ 224.00$ 224.00$ 224.00$ 249.00$ 249.00 NO BID NO BID 98 130500 BEND DI MJ 4" X 45°
2 EA$ 51.00$ 102.00$ 51.00$ 102.00$ 55.00$ 110.00 NO BID NO BID 99 130510 BEND DI MJ 6" X 45° 13 EA
$ 81.00$ 1,053.00$ 81.00$ 1,053.00$ 88.00$ 1,144.00 NO BID NO BID 100 130520 BEND DI MJ 8" X 45°
3 EA$ 118.00$ 354.00$ 118.00$ 354.00$ 128.00$ 384.00 NO BID NO BID 101 130530 BEND DI MJ 10" X 45°
2 EA$ 172.00$ 344.00$ 172.00$ 344.00$ 184.00$ 368.00 NO BID NO BID 102 130540 BEND DI MJ 12" X 45°4 EA$ 257.00$ 1,028.00$ 257.00$ 1,028.00$ 278.00$ 1,112.00 NO BID NO BID 103 130700 BEND DI MJ X FLANGE 4" X 45°
1 EA
$ 77.00$ 77.00$ 77.00$ 77.00$ 85.00$ 85.00 NO BID NO BID 104 130710 BEND DI MJ X FLANGE 6" X 45°
2 EA
$ 111.00$ 222.00$ 111.00$ 222.00$ 120.00$ 240.00 NO BID NO BID 105 130720 BEND DI MJ X FLANGE 8" X 45°
1 EA
$ 214.00$ 214.00$ 214.00$ 214.00$ 230.00$ 230.00 NO BID NO BID 106 130730 BEND DI MJ X FLANGE 10" X 45°
4 EA
$ 314.00$ 1,256.00$ 314.00$ 1,256.00$ 350.00$ 1,400.00 NO BID NO BID 107 130740 BEND DI MJ X FLANGE 12" X 45°
1 EA
$ 467.00$ 467.00$ 467.00$ 467.00$ 520.00$ 520.00 NO BID NO BID 108 131500 BEND DI MJ 4" X 90°
6 EA
$ 62.00$ 372.00$ 62.00$ 372.00$ 66.00$ 396.00 NO BID NO BID 109 131510 BEND DI MJ 6" X 90° 18 EA$ 101.00$ 1,818.00$ 101.00$ 1,818.00$ 111.00$ 1,998.00 NO BID NO BID 110 131520 BEND DI MJ 8" X 90° 12 EA$ 146.00$ 1,752.00$ 146.00$ 1,752.00$ 158.00$ 1,896.00 NO BID NO BID 111 131530 BEND DI MJ 10" X 90°
1 EA
$ 230.00$ 230.00$ 230.00$ 230.00$ 260.00$ 260.00 NO BID NO BID 112 131540 BEND DI MJ 12" X 90°
3 EA
$ 310.00$ 930.00$ 310.00$ 930.00$ 350.00$ 1,050.00 NO BID NO BID 113 131700 BEND DI MJ X F 4" X 90°
4 EA
$ 70.00$ 280.00$ 70.00$ 280.00$ 78.00$ 312.00 NO BID NO BID 114 131710 BEND DI MJ X F 6 X 90°3 EA$ 123.00$ 369.00$ 123.00$ 369.00$ 133.00$ 399.00 NO BID NO BID 115 131720 BEND DI MJ X F 8" X 90°7 EA$ 215.00$ 1,505.00$ 215.00$ 1,505.00$ 233.00$ 1,631.00 NO BID NO BID 116 131730 BEND DI MJ X F 10" X 90°3 EA$ 350.00$ 1,050.00$ 350.00$ 1,050.00$ 379.00$ 1,137.00 NO BID NO BID 117 131740 BEND DI MJ X F 12 X 90°1 EA$ 503.00$ 503.00$ 503.00$ 503.00$ 565.00$ 565.00 NO BID NO BID 118 132100 CAP DI MJ 4" WITH 2" FIPT OUTLET3 EA$ 48.00$ 144.00$ 48.00$ 144.00$ 52.00$ 156.00 NO BID NO BID 119 132120 CAP DI MJ 6" WITH 2" FIPT OUTLET9 EA$ 65.00$ 585.00$ 65.00$ 585.00$ 73.00$ 657.00 NO BID NO BID 120
NEW
ITEM CAP DI MJ 6" WITH 4" FIPT OUTLET
1 EA$ 150.80$ 150.80$ 505.00$ 505.00$ 160.00$ 160.00 NO BID NO BID 121 132140 CAP DI MJ 8" WITH 2" FIPT OUTLET 15 EA$ 91.00$ 1,365.00$ 91.00$ 1,365.00$ 101.00$ 1,515.00 NO BID NO BID 122 132145 CAP DI MJ 8" WITH 4" FIPT OUTLET1 EA$ 177.60$ 177.60$ 536.00$ 536.00$ 240.00$ 240.00 NO BID NO BID 123 132160 CAP DI MJ 10" WITH 2" FIPT OUTLET2 EA$ 108.00$ 216.00$ 108.00$ 216.00$ 121.00$ 242.00 NO BID NO BID 124 132165 CAP DI MJ 10" WITH 4" FIPT OUTLET1 EA$ 194.80$ 194.80$ 576.00$ 576.00$ 340.00$ 340.00 NO BID NO BID 125 132180 CAP DI MJ 12" WITH 2" FIPT OUTLET3 EA$ 150.00$ 450.00$ 150.00$ 450.00$ 170.00$ 510.00 NO BID NO BID 126
NEW
ITEM CAP DI MJ 12" WITH 4" FIPT OUTLET
1 EA$ 237.40$ 237.40$ 609.00$ 609.00$ 425.00$ 425.00 NO BID NO BID 127 132203 CAP DI MJ 16" WITH 4" FIPT OUTLET1 EA$ 367.00$ 367.00$ 997.00$ 997.00$ 800.00$ 800.00 NO BID NO BID 128 132210 MJ PLUG / 2" FIPT OUTLET 4"1 EA$ 53.00$ 53.00$ 53.00$ 53.00$ 60.00$ 60.00 NO BID NO BID DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
- 332 -
129
NEW
ITEM PLUG MJ 6" WITH 2" FIPT OUTLET
1 EA$ 77.00$ 77.00$ 77.00$ 77.00$ 92.00$ 92.00 NO BID NO BID 130 132215 MJ PLUG / 4" FIPT OUTLET 6"4 EA$ 164.20$ 656.80$ 533.00$ 2,132.00$ 175.00$ 700.00 NO BID NO BID 131 132219 MJ PLUG / 2" FIPT OUTLET 8"5 EA$ 104.00$ 520.00$ 104.00$ 520.00$ 125.00$ 625.00 NO BID NO BID 132 132220 MJ PLUG / 4" FIPT OUTLET 8"2 EA$ 190.50$ 381.00$ 567.00$ 1,134.00$ 240.00$ 480.00 NO BID NO BID 133 132225 MJ PLUG / 4" FIPT OUTLET 10"1 EA$ 251.30$ 251.30$ 599.00$ 599.00$ 360.00$ 360.00 NO BID NO BID 134 132230 MJ PLUG / 4" FIPT OUTLET 12"2 EA$ 249.40$ 498.80$ 630.00$ 1,260.00$ 445.00$ 890.00 NO BID NO BID 135 132300 REDUCER DI MJ 6" X 4"1 EA$ 58.00$ 58.00$ 58.00$ 58.00$ 66.00$ 66.00 NO BID NO BID 136 132310 REDUCER, SMALL END BELL 6" X 4"7 EA$ 60.00$ 420.00$ 60.00$ 420.00$ 71.00$ 497.00 NO BID NO BID 137 132400 REDUCER DI MJ 8" X 6"1 EA$ 85.00$ 85.00$ 85.00$ 85.00$ 95.00$ 95.00 NO BID NO BID 138 132480 REDUCER DI MJ 12" X 8"3 EA$ 146.00$ 438.00$ 146.00$ 438.00$ 160.00$ 480.00 NO BID NO BID 139 132500 REDUCER DI MJ 12" X 10"1 EA$ 163.00$ 163.00$ 163.00$ 163.00$ 185.00$ 185.00 NO BID NO BID 140 132610 REDUCER MJ SMALL END BELL 8" X 6"9 EA$ 91.00$ 819.00$ 91.00$ 819.00$ 99.00$ 891.00 NO BID NO BID 141 132620 REDUCER MJ SMALL END BELL 10" X 8"2 EA$ 151.00$ 302.00$ 151.00$ 302.00$ 178.00$ 356.00 NO BID NO BID 142 132630 REDUCER, LARGE END BELL 6" X 4"1 EA$ 91.00$ 91.00$ 91.00$ 91.00$ 99.00$ 99.00 NO BID NO BID 143 132650 REDUCER, LARGE END BELL 8" X 6"1 EA$ 83.00$ 83.00$ 83.00$ 83.00$ 93.00$ 93.00 NO BID NO BID 144 132680 REDUCER, LARGE END BELL 10" X 8"2 EA$ 152.00$ 304.00$ 152.00$ 304.00$ 164.00$ 328.00 NO BID NO BID 145 132720 REDUCER, LARGE END BELL 12" X 10"1 EA$ 199.00$ 199.00$ 199.00$ 199.00$ 221.00$ 221.00 NO BID NO BID 146 133800 SLEEVE DI MJ X MJ 4" X 12"1 EA$ 54.00$ 54.00$ 54.00$ 54.00$ 59.00$ 59.00 NO BID NO BID 147 133810 SLEEVE DI MJ X MJ 6" X 12"5 EA$ 91.00$ 455.00$ 91.00$ 455.00$ 98.00$ 490.00 NO BID NO BID 148 133820 SLEEVE DI MJ X MJ 8" X 12"2 EA$ 146.00$ 292.00$ 146.00$ 292.00$ 157.00$ 314.00 NO BID NO BID 149 133830 SLEEVE DI MJ X MJ 10" X 12"1 EA$ 175.00$ 175.00$ 175.00$ 175.00$ 189.00$ 189.00 NO BID NO BID 150 133840 SLEEVE DI MJ X MJ 12" X 12"1 EA$ 236.00$ 236.00$ 236.00$ 236.00$ 253.00$ 253.00 NO BID NO BID 151 133860 SLEEVE DI MJ X MJ 16" X 12"1 EA$ 263.50$ 263.50$ 451.00$ 451.00$ 502.00$ 502.00 NO BID NO BID 152 134140 SPOOL DI FLANGE X FLANGE 4" X 12"3 EA$ 275.00$ 825.00$ 275.49$ 826.48$ 305.00$ 915.00 NO BID NO BID 153 134160 SPOOL DI FLANGE X FLANGE 6" X 12"3 EA$ 346.00$ 1,038.00$ 346.20$ 1,038.59$ 363.00$ 1,089.00 NO BID NO BID 154 134180 SPOOL DI FLANGE X FLANGE 8" X 12"3 EA$ 511.00$ 1,533.00$ 511.00$ 1,533.01$ 535.00$ 1,605.00 NO BID NO BID 155 134340 SPOOL DI FLANGE X FLANGE 4" X 18"1 EA$ 305.00$ 305.00$ 306.34$ 306.34$ 306.00$ 306.00 NO BID NO BID 156 134360 SPOOL DI FLANGE X FLANGE 6" X 18"2 EA$ 382.00$ 764.00$ 382.66$ 765.32$ 392.00$ 784.00 NO BID NO BID 157 134380 SPOOL DI FLANGE X FLANGE 8" X 18"1 EA$ 560.00$ 560.00$ 560.74$ 560.74$ 577.00$ 577.00 NO BID NO BID 158 134740 SPOOL DI FLANGE X FLANGE 4" X 36"1 EA$ 396.00$ 396.00$ 396.44$ 396.44$ 407.00$ 407.00 NO BID NO BID 159 134760 SPOOL DI FLANGE X FLANGE 6" X 36"1 EA$ 490.00$ 490.00$ 490.78$ 490.78$ 503.00$ 503.00 NO BID NO BID 160 134780 SPOOL DI FLANGE X FLANGE 8" X 36"3 EA$ 713.00$ 2,139.00$ 713.38$ 2,140.14$ 732.00$ 2,196.00 NO BID NO BID 161 134790 SPOOL DI FLANGE X FLANGE 4" X 48"1 EA$ 456.86$ 456.86$ 456.86$ 456.86$ 468.00$ 468.00 NO BID NO BID 162 134795 SPOOL DI FLANGE X FLANGE 6" X 48"1 EA$ 561.80$ 561.80$ 561.80$ 561.80$ 577.00$ 577.00 NO BID NO BID 163 134800 SPOOL DI FLANGE X FLANGE 8" X 48"1 EA$ 1,078.00$ 1,078.00$ 815.14$ 815.14$ 836.00$ 836.00 NO BID NO BID 164
NEW
ITEM SPOOL DI FLANGE X FLANGE 10" X 48"
1 EA$ 1,051.52$ 1,051.52$ 1,051.52$ 1,051.52$ 1,078.00$ 1,078.00 NO BID NO BID 165 134805 SPOOL DI FLANGE X FLANGE 12" X 48"1 EA$ 1,360.00$ 1,360.00$ 1,362.10$ 1,362.10$ 1,397.00$ 1,397.00 NO BID NO BID 166 134820 SPOOL DI FLANGE X FLANGE 4" X 60"1 EA$ 504.00$ 504.00$ 517.28$ 517.28$ 515.00$ 515.00 NO BID NO BID 167 134825 SPOOL DI FLANGE X FLANGE 6" X 60"7 EA$ 633.88$ 4,437.16$ 633.88$ 4,437.16$ 651.00$ 4,557.00 NO BID NO BID 168 134830 SPOOL DI FLANGE X FLANGE 8" X 60"1 EA$ 915.00$ 915.00$ 915.84$ 915.84$ 940.00$ 940.00 NO BID NO BID 169 134850 SPOOL DI FLANGE X FLANGE 10" X 60"3 EA$ 1,183.00$ 3,549.00$ 1,184.02$ 3,552.06$ 1,215.00$ 3,645.00 NO BID NO BID 170 134840 SPOOL DI FLANGE X FLANGE 4" X 72"5 EA$ 576.00$ 2,880.00$ 577.70$ 2,888.50$ 606.00$ 3,030.00 NO BID NO BID 171 134860 SPOOL DI FLANGE X FLANGE 6" X 72"2 EA$ 706.00$ 1,412.00$ 707.02$ 1,414.04$ 740.00$ 1,480.00 NO BID NO BID 172 134855 SPOOL DI FLANGE X FLANGE 10" X 72"2 EA$ 1,315.00$ 2,630.00$ 1,316.52$ 2,633.04$ 1,385.00$ 2,770.00 NO BID NO BID 173 135100 TEE CI FLG X FLG 4"1 EA$ 206.00$ 206.00$ 206.00$ 206.00$ 222.00$ 222.00 NO BID NO BID 174 135110 TEE CI FLG X FLG 6"1 EA$ 256.00$ 256.00$ 256.00$ 256.00$ 275.00$ 275.00 NO BID NO BID 175 135120 TEE CI FLG X FLG 8" 10 EA$ 427.00$ 4,270.00$ 427.00$ 4,270.00$ 474.00$ 4,740.00 NO BID NO BID 176 135130 TEE CI FLG X FLG 10"2 EA$ 649.00$ 1,298.00$ 649.00$ 1,298.00$ 720.00$ 1,440.00 NO BID NO BID 177 135140 TEE CI FLG X FLG 12"1 EA$ 924.00$ 924.00$ 924.00$ 924.00$ 1,050.00$ 1,050.00 NO BID NO BID 178 135200 TEE FIG SMALL END BELL 10" X 6"1 EA$ 351.10$ 351.10$ 231.00$ 231.00$ 580.00$ 580.00 NO BID NO BID 179 135300 TEE CI FLG X FLG 8" X 6"2 EA$ 368.00$ 736.00$ 368.00$ 736.00$ 398.00$ 796.00 NO BID NO BID 180 135310 TEE FIG SMALL END BELL 10" X 8"1 EA$ 377.90$ 377.90$ 270.00$ 270.00$ 600.00$ 600.00 NO BID NO BID 181 135400 TEE CI FLG X FLG 12" X 6"4 EA$ 763.30$ 3,053.20$ 784.00$ 3,136.00$ 798.00$ 3,192.00 NO BID NO BID 182 135410 TEE CI FLG X FLG 12" X 8"3 EA$ 784.00$ 2,352.00$ 784.00$ 2,352.00$ 840.00$ 2,520.00 NO BID NO BID 183 135495 TEE FLG 16" X 12"1 EA$ 1,460.00$ 1,460.00$ 1,460.00$ 1,460.00$ 1,730.00$ 1,730.00 NO BID NO BID 184 135500 TEE DI MJ X MJ X FLANGE 4"1 EA$ 105.00$ 105.00$ 105.00$ 105.00$ 120.00$ 120.00 NO BID NO BID 185 135510 TEE DI MJ X MJ X FLANGE 6"2 EA$ 166.00$ 332.00$ 166.00$ 332.00$ 180.00$ 360.00 NO BID NO BID 186 135520 TEE DI MJ X MJ X FLANGE 8"8 EA$ 256.00$ 2,048.00$ 256.00$ 2,048.00$ 275.00$ 2,200.00 NO BID NO BID 187 135525 TEE MJ X FLG DI 10"1 EA$ 468.00$ 468.00$ 468.00$ 468.00$ 510.00$ 510.00 NO BID NO BID 188 135600 TEE DI MJ X MJ X FLANGE 8" X 6"3 EA$ 201.00$ 603.00$ 201.00$ 603.00$ 215.00$ 645.00 NO BID NO BID 189 135650 TEE MJ X FIG 10" X 6"1 EA$ 342.00$ 342.00$ 342.00$ 342.00$ 380.00$ 380.00 NO BID NO BID 190 135700 TEE DI MJ X MJ X FLANGE 12" X 6"1 EA$ 384.00$ 384.00$ 384.00$ 384.00$ 415.00$ 415.00 NO BID NO BID 191 135710 TEE DI MJ X MJ X FLANGE 12" X 8"1 EA$ 427.00$ 427.00$ 427.00$ 427.00$ 475.00$ 475.00 NO BID NO BID 192 136090 BURY HYDRANT MJ X F 6" X 6" X 24"2 EA$ 350.00$ 700.00$ 384.78$ 769.56$ 415.00$ 830.00 NO BID NO BID 193 136095 BURY HYDRANT MJ X F 6" X 6" X 30"1 EA$ 345.00$ 345.00$ 384.78$ 384.78$ 430.00$ 430.00 NO BID NO BID 194 136100 BURY HYDRANT DI MJ X F 6" X 6" X 36"3 EA$ 359.00$ 1,077.00$ 408.10$ 1,224.30$ 439.00$ 1,317.00 NO BID NO BID 195 136150 BURY HYDRANT DI MJ X F 6" X 6" X 42" 28 EA$ 410.00$ 11,480.00$ 477.00$ 13,356.00$ 428.00$ 11,984.00 NO BID NO BID 196 136170 FLANGE BLIND CI OR STEEL 6 HOLE 6" CLASS D2 EA$ 150.10$ 300.20$ 63.00$ 126.00$ 169.00$ 338.00 NO BID NO BID 197 136200 FLANGE BLIND CI/DI 125LB 4"1 EA$ 53.00$ 53.00$ 53.00$ 53.00$ 60.00$ 60.00 NO BID NO BID 198 136210 FLANGE BLIND CI/DI 125LB 6"2 EA$ 79.00$ 158.00$ 79.00$ 158.00$ 94.00$ 188.00 NO BID NO BID 199 136220 FLANGE BLIND CI/DI 125LB 8"1 EA$ 133.00$ 133.00$ 133.00$ 133.00$ 150.00$ 150.00 NO BID NO BID DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
- 333 -
200 136230 FLANGE BLIND CI/DI 125LB 10"
1 EA$ 199.00$ 199.00$ 199.00$ 199.00$ 235.00$ 235.00 NO BID NO BID 201 136240 FLANGE BLIND CI/DI 125LB 12"1 EA$ 268.00$ 268.00$ 268.00$ 268.00$ 320.00$ 320.00 NO BID NO BID 202 136310 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 6"2 EA$ 130.00$ 260.00$ 151.58$ 303.16$ 149.00$ 298.00 NO BID NO BID 203 136320 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 8" 38 EA$ 134.40$ 5,107.20$ 180.20$ 6,847.60$ 152.00$ 5,776.00 NO BID NO BID 204 136330 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 10" 39 EA$ 151.40$ 5,904.60$ 201.40$ 7,854.60$ 170.00$ 6,630.00 NO BID NO BID 205 136340 RISER HYDRANT CI BREAK OFF FLANGE X FLANGE 6" X 12" 14 EA$ 152.80$ 2,139.20$ 206.70$ 2,893.80$ 176.00$ 2,464.00 NO BID NO BID 206
136000
HYDRANT, FIRE WET BARREL, CI BODY, EPOXY COATED. PAINTED YELLOW. (1) 2 1/2" AND (1) 4 1/2" OUTLET. 6 HOLE, WITH VENTED CI CAPS. CAPS TO INCLUDE: CHAIN, CHAIN RING, & GASKET. ACCEPTABLE BRANDS: JONES J4040, CLOW 850, AVK 2470 STATE MFG BRAND: _______________________________________ 100 EA $ 2,110.00$ 211,000.00$ 2,038.00$203,800.00$ 2,043.00$ 204,300.00$ 1,470.50$ 147,050.00 207
136020
HYDRANT, FIRE WET BARREL, CI BODY, EPOXY COATED. PAINTED YELLOW. (2) 2 1/2" AND (1) 4 1/2" OUTLET. 6 HOLE, WITH VENTED CI CAPS. CAPS TO INCLUDE: CHAIN, CHAIN RING, & GASKET. ACCEPTABLE BRANDS: JONES J4060, CLOW 860, AVK 2490 STATE MFG BRAND: _______________________________________ 10 EA $ 2,881.00$ 28,810.00$ 2,782.00$ 27,820.00$ 2,900.00$ 29,000.00$ 2,042.50$ 20,425.00 208 136900 CAP, HYDRANT, CAST IRON, VENTED WITH CHAIN RING, CHAINS, AND GASKET. 1 EA$ 67.40$ 67.40$ 68.00$ 68.00$ 78.00$ 78.00 NO BID NO BID 209 136910 CAP, HYDRANT, CAST IRON, VENTED WITH CHAIN RINGS, CHAIN AND GASKET. 1 EA
$ 147.00$ 147.00$ 151.00$ 151.00$ 175.00$ 175.00 NO BID NO BID 210
NEW
ITEM
VALVE, SWING CHECK, FLANGE 6"X14” W/OUTSIDE LEVER & WEIGHT STATE MFG BRAND/MDL NO: _____________________________________ 1 EA
$ 939.20$ 939.20$ 1,672.00$ 1,672.00$ 1,275.00$ 1,275.00$ 1,046.10$ 1,046.10 211 144630 VALVE, SWING CHECK, FLANGE 8"X19.5” W/OUTSIDE LEVER & WEIGHT STATE MFG BRAND/MDL NO: _____________________________________ 1 EA
$ 1,467.20$ 1,467.20$ 2,534.00$ 2,534.00$ 2,100.00$ 2,100.00$ 1,584.90$ 1,584.90 212
NEW
ITEM
VALVE, SWING CHECK, FLANGE 10" X 24.5” W/OUTSIDE LEVER & WEIGHT STATE MFG BRAND/MDL NO: _____________________________________ 1 EA
$ 1,848.40$ 1,848.40$ 4,067.00$ 4,067.00$ 3,130.00$ 3,130.00$ 2,542.50$ 2,542.50 213
NEW
ITEM
VALVE, SWING CHECK, FLANGE 12"X 27.5 W/OUTSIDE LEVER & WEIGHT STATE MFG BRAND/MDL NO: _____________________________________ 1 EA
$ 2,939.40$ 2,939.40$ 5,848.00$ 5,848.00$ 4,035.00$ 4,035.00$ 3,656.10$ 3,656.10 214
144710

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. F X F 4"
MFG BRAND/MDL NO: _____________________________________ 1 EA$ 605.20$ 605.20$ 590.00$ 590.00$ 735.00$ 735.00$ 487.62$ 487.62 215
144720

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. F X F 6"
MFG BRAND/MDL NO: _____________________________________ 2 EA$ 860.30$ 1,720.60$ 788.00$ 1,576.00$ 955.00$ 1,910.00$ 651.42$ 1,302.84 216
144730

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. F X F 8"
MFG BRAND/MDL NO: _____________________________________ 2 EA$ 1,345.00$ 2,690.00$ 1,233.00$ 2,466.00$ 1,450.00$ 2,900.00$ 1,018.50$ 2,037.00 217
144740

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. F X F 10"
MFG BRAND/MDL NO: _____________________________________ 1 EA$ 2,008.70$ 2,008.70$ 1,958.00$ 1,958.00$ 2,265.00$ 2,265.00$ 1,617.42$ 1,617.42 218
144750

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. F X F 12"
MFG BRAND/MDL NO: _____________________________________ 1 EA$ 2,425.50$ 2,425.50$ 2,364.00$ 2,364.00$ 2,710.00$ 2,710.00$ 1,953.42$ 1,953.42 219
NEW
ITEM

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. F X F 16"
MFG BRAND/MDL NO: _____________________________________ 1 EA$ 8,206.00$ 8,206.00$ 8,001.00$ 8,001.00$ 9,540.00$ 9,540.00$ 7,235.34$ 7,235.34 220
144810

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 4"
MFG BRAND/MDL NO: _____________________________________ 9 EA$ 582.80$ 5,245.20$ 568.33$ 5,114.97$ 711.00$ 6,399.00$ 469.98$ 4,229.82 221
144820

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 6"
MFG BRAND/MDL NO: _____________________________________ 31 EA $ 779.00$ 24,149.00$ 760.00$ 23,560.00$ 796.00$ 24,676.00$ 627.90$ 19,464.90 222 144830

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 8"
MFG BRAND/MDL NO: _____________________________________ 30 EA $ 1,217.00$ 36,510.00$ 1,165.00$ 34,950.00$ 1,248.00$ 37,440.00$ 980.70$ 29,421.00 223 144840

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 10"
MFG BRAND/MDL NO: _____________________________________5 EA$ 1,935.00$ 9,675.00$ 1,867.00$ 9,335.00$ 2,090.00$ 10,450.00$ 1,557.78$ 7,788.90 224 144850

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 12"
MFG BRAND/MDL NO: _____________________________________2 EA$ 2,336.00$ 4,672.00$ 2,255.00$ 4,510.00$ 2,530.00$ 5,060.00$ 1,881.18$ 3,762.36 225 144854

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 16"
MFG BRAND/MDL NO: _____________________________________5 EA$ 8,206.00$ 41,030.00$ 6,926.00$ 34,630.00$ 8,881.00$ 44,405.00$ 7,235.34$ 36,176.70 DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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226 144860

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X MJ 4"
MFG BRAND/MDL NO: _____________________________________ 5 EA $ 610.50 $ 3,052.50 $ 590.00 $ 2,950.00 $ 638.00 $ 3,190.00 $ 491.82 $ 2,459.10 227 144870

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X MJ 6"
MFG BRAND/MDL NO: _____________________________________ 5 EA $ 779.00 $ 3,895.00 $ 752.00 $ 3,760.00 $ 810.00 $ 4,050.00 $ 627.90 $ 3,139.50 228 144880

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X MJ 8"
MFG BRAND/MDL NO: _____________________________________ 11 EA $ 1,240.00 $ 13,640.00 $ 1,209.00 $ 13,299.00 $ 1,275.00 $ 14,025.00 $ 999.18 $ 10,990.98 229 144890

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X MJ 10"
MFG BRAND/MDL NO: _____________________________________ 3 EA $ 1,935.00 $ 5,805.00 $ 1,832.00 $ 5,496.00 $ 2,095.00 $ 6,285.00 $ 1,557.78 $ 4,673.34 230 144900

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X MJ 12"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 2,448.00 $ 2,448.00 $ 2,000.00 $ 2,000.00 $ 2,649.00 $ 2,649.00 $ 1,971.06 $ 1,971.06 231 NEW ITEM

VALVE, GATE, RESILIENT SEAT, WITH OPERATING NUT AND NON RISING STAINLESS STEEL STEM. BONNET AND BODY TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X MJ 16"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 8,206.00 $ 8,206.00 $ 2,025.00 $ 2,025.00 $ 8,881.00 $ 8,881.00 $ 7,235.34 $ 7,235.34 232 NEW ITEM
VALVE, GATE, OS&Y, FL X FL 4"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 223.00 $ 223.00 $ 658.00 $ 658.00 $ 695.00 $ 695.00 $ 641.34 $ 641.34 233 NEW ITEM
VALVE, GATE, OS&Y, FL X FL 6"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 350.00 $ 350.00 $ 986.00 $ 986.00 $ 1,050.00 $ 1,050.00 $ 832.86 $ 832.86 234 NEW ITEM
VALVE, GATE, OS&Y, FL X FL 8"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 565.00 $ 565.00 $ 1,616.00 $ 1,616.00 $ 1,795.00 $ 1,795.00 $ 1,272.18 $ 1,272.18 235 144910
VALVE, BUTTERFLY, FLANGE 4"
MFG BRAND/MDL NO: _____________________________________ 2 EA $ 905.00 $ 1,810.00 $ 1,000.00 $ 2,000.00 $ 990.00 $ 1,980.00 $ 732.60 $ 1,465.20 236 144970
VALVE, BUTTERFLY, FLANGE 6"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 860.00 $ 860.00 $ 900.00 $ 900.00 $ 1,025.00 $ 1,025.00 $ 752.40 $ 752.40 237 144980
VALVE, BUTTERFLY, FLANGE 8"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 1,100.00 $ 1,100.00 $ 1,287.00 $ 1,287.00 $ 1,310.00 $ 1,310.00 $ 963.60 $ 963.60 238 144985
VALVE, BUTTERFLY, FLANGE 10"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 1,520.00 $ 1,520.00 $ 1,600.00 $ 1,600.00 $ 1,875.00 $ 1,875.00 $ 1,329.90 $ 1,329.90 239 144990
VALVE, BUTTERFLY, FLANGE 12"
MFG BRAND/MDL NO: _____________________________________ 3 EA $ 1,820.00 $ 5,460.00 $ 1,500.00 $ 4,500.00 $ 2,260.00 $ 6,780.00 $ 1,590.60 $ 4,771.80 240 144995
VALVE, BUTTERFLY, FLANGE 16"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 3,540.00 $ 3,540.00 $ 3,773.00 $ 3,773.00 $ 4,450.00 $ 4,450.00 $ 3,095.40 $ 3,095.40 241 NEW ITEM
VALVE, BUTTERFLY (UNDERGROUND) RUBBER SEATED. TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 4"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 905.00 $ 905.00 $ 731.40 $ 731.40 NO BID NO BID NO BID NO BID 242 144920
VALVE, BUTTERFLY (UNDERGROUND) RUBBER SEATED. TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 6"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 978.00 $ 978.00 $ 900.26 $ 900.26 $ 1,075.00 $ 1,075.00 $ 752.40 $ 752.40 243 144930
VALVE, BUTTERFLY (UNDERGROUND) RUBBER SEATED. TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 8"
MFG BRAND/MDL NO: _____________________________________ 2 EA $ 1,254.00 $ 2,508.00 $ 1,152.96 $ 2,305.92 $ 1,370.00 $ 2,740.00 $ 963.60 $ 1,927.20 244 144940
VALVE, BUTTERFLY (UNDERGROUND) RUBBER SEATED. TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 10"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 1,729.00 $ 1,729.00 $ 531.06 $ 531.06 $ 1,875.00 $ 1,875.00 $ 1,329.90 $ 1,329.90 245 144950
VALVE, BUTTERFLY (UNDERGROUND) RUBBER SEATED. TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 12"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 1,910.00 $ 1,910.00 $ 1,902.70 $ 1,902.70 $ 2,260.00 $ 2,260.00 $ 1,590.60 $ 1,590.60 246 144960
VALVE, BUTTERFLY (UNDERGROUND) RUBBER SEATED. TO BE EPOXY COATED INSIDE AND OUTSIDE. MJ X F 16"
MFG BRAND/MDL NO: _____________________________________ 1 EA $ 3,340.00 $ 3,340.00 $ 3,703.64 $ 3,703.64 $ 3,840.00 $ 3,840.00 $ 3,095.40 $ 3,095.40 SUB-TOTAL: $924,106.34 $895,892.80 $ 993,686.00 $346,071.42 ***Bold & Italicized values indicate Support of Local Vendor Award*** SALES TAX 7.88%: $72,819.58 $70,551.56 $ 78,252.77 $27,253.12 Please Note: This Cost Abstract is for pricing purposes only. Also, Line items 1-38 pricing subject to change every 90 days TOTAL: $996,925.92 $966,444.36 $ 1,071,938.77 $373,324.54 DocuSign Envelope ID: 01897E87-8AA1-4017-81EB-4A35CC2420BF #9..
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DocuSign Envelope ID: 4C82F995-053D-48F0-80C8-535049787225 PAYMENT TERMS: NET 30
VENDOR CONTACT: GARY MOSSA
[email protected]
OFFICE: (208) 863-1160
CELL: (209) 302-0591
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

September 25, 2023
Date: August 30, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Bill Sandhu, Public Works Director
SUBJECT: Tree Pruning and Removal Services Contract Awards CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA, and Rumble Tree, Inc., Modesto, CA in a total amount between all Agreements combined not to exceed $10,320,000 over five years and forwarding to Council for approval. (Funding Source: Measure H and Various Other Funds) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In recent years, the demand for tree pruning and removal services within the City’s urban forest (including parks) has exceeded the City Forestry Division’s available time and resources. Staff’s difficulty in providing these services raises safety concerns and at this time there is a significant backlog of trees that need to be trimmed or removed (well over 20,000) and stumps that need to be ground (at least 3,000).

The City does currently have an on-call vegetation management agreement with West Coast Arborists Inc.1, designed to address the myriad of services needed in the park system, but that 1 Agreement approved on September 28, 2021, by Resolution 2021-379, for an estimated annual amount of $250,000, and a five-year total of $1,250,000.
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Finance Committee, September 25, 2023
Tree Pruning and Removal Services Contract Awards

agreement has been amended2 over the past year a couple times and City staff believes new contract(s) to address a significant increase in additional tree pruning and removal services at all parks, street landscapes and other city properties are needed. With an increase in funding for vegetation management in the Tuolumne River Regional Park over the past couple of years, the current agreement with West Coast Arborists, Inc. is continually reaching its yearly cap and is not available for other tree pruning and removal services.

On July 12, 2022, by Resolution 2022-307, $180,000 of American Rescue Plan Act (ARPA) funding was approved for vegetation management in the Tuolumne River Regional Park and for pruning in various parks throughout the City.

In June 2023, with the passage of the Fiscal Year 2023-2024 budget, Council approved $1,550,000 of Measure H funding for tree maintenance. This much needed funding and the significant demand for tree pruning and removal services has created the need for new agreements with multiple professional service providers. These agreements will enable the City to better manage vegetation throughout the City, catch up on the significant backlog of tree related citizen requests, increase efficiency in response to weather related damage, reduce the risks of vegetation fires and increase public safety throughout the City.

DISCUSSION:

On July 21, 2023, the City Manager authorized issuing a formal Invitation for Bids (IFB) for the furnishing of Tree Pruning and Removal Services.

On July 25, 2023, the Purchasing Division issued IFB 2324-13 for Tree Pruning and Removal Services, on Planet Bids via the City’s website. Prospective bidders were notified online and via email invitation of the bid opportunity. Twenty-seven (27) companies downloaded the IFB document.

On August 15, 2023, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream. Seven (7) companies responded and two (2) were local vendors. The bid was formatted to allow bidders to bid on park and/or street tree related services separately and also allowed the bidders to submit for a small contract $200,000 or less annually and/or a large contract of more than $500,000 annually.

Based on providing the lowest responsive and responsible bid, staff recommends awarding three agreements for tree pruning and removal services as follows:

Agreement #1, Park Tree Services - $1,165,000 annually for Parks Tree Services to West Coast Arborists, Inc., Anaheim, CA, the lowest overall bidder for both large and small contract park tree bids. West Coast Arborists, Inc. is headquartered in Anaheim, CA but has a local office in Stockton, CA. They are currently working with the City and have an excellent track record of quality service. The total five-year not to exceed amount is $5,825,000.

Agreement #2, Street Tree Services – $635,000 annually for Street Tree Services to Greentek Services, LLC, Oroville, CA, the lowest overall bidder for both large and small contract street tree 2 First amendment on April 11, 2023, by Resolution 2023-172, for a one time increase to year two of $350,000, for a year two total of $600,000, and for a total revised agreement amount of $1,600,000. Second amendment on July 11, 2023, by Resolution 2023-351, for a one time increase to year two of $600,000, for a year two total of $1,200,000, and for a total revised agreement amount of $2,200,000
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Tree Pruning and Removal Services Contract Awards

bids. Greentek Services, LLC is headquartered in Oroville, CA but has a local office in Stockton, CA. Based on their references they have an excellent track record of quality service. The total five-year not to exceed amount is $3,175,000.

Agreement #3, Tree Removal and Stump Grinding Services Only – $520,000 the first year and $200,000 annually in future years for Tree Removal and Stump Grinding Services to Rumble Tree, Inc., Modesto, CA, the lowest bidder for tree removal and stump grinding services. Rumble Tree, Inc. is a local company based in Modesto, CA. Based on their references they have an excellent track record of quality service. The total five-year not to exceed amount is $1,320,000.

Staff recommends a separate contract for Parks Trees and Street Trees due to the bid pricing and to ensure that one contractor is not overwhelmed by the workload requested. In addition, staff recommends a secondary contractor for the furnishing of tree removal and stump grinding services specifically due to the significantly lower price for these services from Rumble Trees, Inc.

These agreements will assist the Forestry and Parks Maintenance Divisions in catching up with deferred tree maintenance that has built up over the past decade providing for a safer environment and healthier urban forest for the citizens of Modesto. Many trees in Modesto’s urban forest are experiencing limb and tree failure due to extended pruning cycles, defects within the trees, storms, drought, vandalism, disease, and lack of young tree training. These agreements will directly impact the trees throughout the City, improving the health and safety for residents and visitors alike.

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. The award of bids outlined in this agenda report conform to the Modesto Municipal Code because the City complied with the formal bid procedures.

FISCAL IMPACT:

The three proposed agreements have a combined estimated annual average amount of $2,064,000, resulting in a combined estimated five-year not to exceed total of $10,320,000.

Based on current pricing per IFB 2324-13, staff estimates this amount will be sufficient to complete the necessary tree pruning and removal services. Funding for the agreements is budgeted as outlined below:

Agreement #1, Park Tree Services – West Coast Arborists, Inc.

Over the past couple years, Utilities Department has used the Parks Vegetation Management Contract to address tree trimming needs at their facilities and that practice continues with this contract. Maintenance funding is budgeted in a variety of areas in the Parks, Recreation and Neighborhoods Department and Utilities Department cost centers, tree maintenance services will be procured, as needed. Estimated expenses are listed below by fund and cost center and no additional funding beyond what is currently budgeted is being requested at this time.

FUND TOTAL
0160 – Measure H – PRND
(Cost Center: 56041)
$775,000
0100 – General Fund - PRND
(Cost Centers: 34150, 35220)
$100,000
4100 – Water Fund $50,000
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Tree Pruning and Removal Services Contract Awards

(Cost Center: 45050)
4210 – Wastewater Fund
(Cost Centers: 44313, 44211)
$50,000
6700 – TRRP Operating Fund
(Cost Center: 80300)
$50,000
4600/4605 – Golf Fund
(Cost Centers: 34170, 34181, 34182)
$135,000
4700– Modesto Centre Plaza
(Cost Center: 34200)
$5,000
ESTIMATED ANNUAL AMOUNT $1,165,000
FIVE (5) YEAR TOTAL NOT TO EXCEED $5,825,000
Agreement #2, Street Tree Services – Greentek Services, LLC Maintenance funding is budgeted in the Measure H fund, tree maintenance services will be procured, as needed. Estimated expenses are listed below by fund and cost center and no additional funding beyond what is currently budgeted is being requested at this time.

FUND TOTAL
0160 – Measure H – Public Works
(Cost Center: 56041)
$635,000
ESTIMATED ANNUAL AMOUNT $635,000
FIVE (5) YEAR TOTAL NOT TO EXCEED $3,175,000
Agreement #3, Tree Removal and Stump Grinding Services Only – Rumble Tree, Inc.

Maintenance funding is budgeted in the Measure H fund and Public Works cost centers, tree maintenance services will be procured, as needed. Estimated expenses for the first year are listed below by fund and cost center. Unassigned carryover from Measure H from FY 2022-23 will be reallocated to fund the additional $380,000 noted below in the first year of this agreement.

FUND TOTAL
0160 – Measure H – Public Works
(Cost Centers: 56041)
$140,000
0160 – Measure H – Unspent Measure H
funds from FY 22-23
(Cost Center: TBD)
$380,000
ESTIMATED FIRST YEAR AMOUNT $520,000
ESTIMATED ANNUAL AMOUNT $200,000
FIVE (5) YEAR TOTAL NOT TO EXCEED $1,320,000
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA, and Rumble Tree, Inc., Modesto, CA for Tree Pruning and Removal Services, on an as needed basis, for a two (2) year #10..
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Tree Pruning and Removal Services Contract Awards

Agreement with three (3) one-year extension options, at the sole discretion of the City, for an annual estimated average amount of $2,064,000, and a total amount between all Agreements combined not to exceed $10,320,000 over five years and forwarding to Council for approval.

Motion recommending amending the Fiscal Year 2023-24 Annual Operating Expenditure Budget to increase the PW - Measure H - Community Forestry Cost Center (56041) in the Measure H Fund (0160) by $380,000 from unassigned carryover from Fiscal Year 2022-23 for the increase in the Tree Removal and Stump Grinding Services Agreement and forwarding to Council for approval.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Manager
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Professional Services Agreements (3)

2. Bid Summary for IFB 2324-13
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1 ANNUAL AGREEMENT
WEST COAST ARBORISTS, INC.

FOR TREE PRUNING AND REMOVAL SERVICES
This 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 West Coast Arborists, Inc., hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-___ authorizing the award of bid and agreement for the TREE PRUNING AND REMOVAL SERVICES, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the TREE PRUNING AND REMOVAL SERVICES as described in IFB 2324-13, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following agreement rates, estimated amount of $1,165,000 annually and a total amount not to exceed $5,825,000 over five (5) years. #10..
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2 AGREEMENT PRICING

ITEM DESCRIPTION
UNIT
OF
ISSUE
Payment of
Prevailing Wages
Required

UNIT PRICE
1 Demand Pruning – up to 6” d.b.h. EACH $200.00
2 Demand Pruning –7”- 12” d.b.h. EACH $300.00
3 Demand Pruning –13”- 24” d.b.h. EACH $450.00
4 Demand Pruning –25”- 36” d.b.h. EACH $650.00
5 Demand Pruning –37”- 48” d.b.h. EACH $950.00
6 Demand Pruning - 49”+ d.b.h. EACH $1,400.00
7 Program Pruning – up to 6” d.b.h. EACH $100.00
8 Program Pruning –7”- 12” d.b.h. EACH $175.00
9 Program Pruning –13”- 24” d.b.h. EACH $175.00
10 Program Pruning –25”- 36” d.b.h. EACH $250.00
11 Program Pruning –37”- 48” d.b.h. EACH $350.00
12 Program Pruning - 49”+ d.b.h. EACH $600.00
13 Tree Removal – up to 6” d.b.h. EACH $100.00
14 Tree Removal –7”- 12” d.b.h. EACH $500.00
15 Tree Removal –13”- 24” d.b.h. EACH $750.00
16 Tree Removal –25”- 36” d.b.h. EACH $1,500.00
17 Tree Removal –37”- 48” d.b.h. EACH $2,600.00
18 Tree Removal - 49”+ d.b.h. EACH $4,500.00
19 Stump Grinding – up to 6” d.b.h. EACH $100.00
20 Stump Grinding –7”- 12” d.b.h. EACH $200.00
21 Stump Grinding –13”- 24” d.b.h. EACH $300.00
22 Stump Grinding –25”- 36” d.b.h. EACH $600.00
23 Stump Grinding –37”- 48” d.b.h. EACH $900.00
24 Stump Grinding - 49”+ d.b.h. EACH $900.00
25 Root Pruning LF $45.00
26 Root Barrier Installation LF $45.00
27 Tree Planting – 15 Gallon EACH $350.00
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3 2. PREVAILING WAGES:

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

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

City Representative: Nathan Houx, Parks Planning and Development Manager (209) 571-5526 The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

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

Year 1: October 16, 2023 through October 15, 2024
Year 2: October 16, 2024 through October 15, 2025
Year 3: October 16, 2025 through October 15, 2026
Year 4: October 16, 2026 through October 15, 2027
Year 5: October 16, 2027 through October 15, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

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

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given #10..
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4 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 $2,000,000 for bodily injury and property damage and a $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR’S and subcontractors; products and completed operations.
b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

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

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

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

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

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

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

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. #10..
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6 8. ARBITRATION:

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

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

11. TERMINATION OF SERVICES:

Termination by CITY for Default of CONTRACTOR
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7 section, material breach of this agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONTRACTOR, dishonesty or theft.

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; #10..
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8 g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

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

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

12. COMPLIANCE WITH ALL LAWS:

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9 all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Exhibit “A” Resolution No. 2023-_______;
b. Exhibit “B” Bid Submittal;
c. Exhibit “C” IFB 2324-13
d. Insurance Certificates,
e. Business License
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR: Patrick Mahoney
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
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.
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10 15. SIGNATOR (IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

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

20. ENTIRE AGREEMENT:

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

21. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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11 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. #10..
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12 Exhibit A
Resolution 2023-_____
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13 Exhibit B
West Coast Arborist Bid
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City of Modesto
Tree Pruning and Removal Services No. 2324-13
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2 Setting the Gold Standard

Table of Contents
LETTER OF OFFER ............................................................................................................................. 3 COMPANY QUALIFICATIONS ......................................................................................................... 4 Company Introduction ........................................................................................................... 4 COMPANY PERSONNEL ................................................................................................................. 6 CLIENT REFERENCES ...................................................................................................................... 11 SCOPE OF SERVICES ..................................................................................................................... 14 IMPLEMENTATION, QUALITY CONTROL AND SAFETY ................................................................. 17 EQUIPMENT LIST ............................................................................................................................. 24 TECHNOLOGY AND INFORMATION ............................................................................................ 31 COMMUNITY AND ENVIRONMENT .............................................................................................. 34 #10..
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Client Name / RFP Name
4 Setting the Gold Standard

COMPANY QUALIFICATIONS
Company Introduction
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over 1,200 full-time employees providing tree maintenance and management services. We are proudly serving over 330
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day
throughout California and Arizona.

OUR VISION
As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.

COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers’ Union:

LiUNA!
SAM Entity ID: CFJMVMJ9NSD1
Website: wcainc.com

CORPORATE OFFICE
2200 E. Via Burton St.

Anaheim, CA 92806

REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Ontario, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA

CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]

FIELD MANAGEMENT
Tim Patterson, Area Manager
3628 E. Stevenson Ave.

Stockton, CA 95205
Phone (209) 547-0297
Fax (209) 547-0385
Email: [email protected]
EMERGENCY RESPONSE 24/7
1-800-LIMB-DOWN
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5 Setting the Gold Standard
Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest.
• In business continuously and actively since 1972
• Contractor’s License C61/D49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,200+ employees
• 330+ contracts with public agencies
• 95+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 years
• Avg. 46,000 trees removed annually over past 3 years
• Avg. 20,000 trees planted annually over past 3 years
• Avg. 250,000 trees inventoried annually over past 3 years • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and
fillings with state and federal government
• Sales volume over $190 million annually
• Fleet of approximately 1,600 pieces of equipment
Active Memberships:

Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities|
–Orange County (ACCOC)
Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)
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6 Setting the Gold Standard

COMPANY PERSONNEL
Introduction
West Coast Arborist’s (WCA) is a company comprised of a management team and a safety committee. Staff members have diverse educational backgrounds including accounting, business administration, engineering and forestry.

Work Force
WCA actively maintains ongoing processes to assure that only qualified and competent staff provides safe and quality tree maintenance services. These skilled employees can only be achieved through both training and work experience. We believe that essential experience should always be obtained through qualified supervision; this includes both basic and extended skills. WCA makes every attempt to ensure that this is undertaken before performing work, leading a crew, or career advancement. The work performed on this contract is routine, recurring and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on the current prevailing wage determination for “Tree Maintenance (Laborer).” Certification
WCA encourages its employees to get certified through the International Society of Arboriculture, in an effort to raise the standard of professional tree care companies. This standard exemplifies our company’s commitment to providing customers with competent, knowledgeable certified workers. WCA employs a large number of ISA Certified Arborists and ISA Certified Tree Workers.

Crew Evaluation
WCA employees are evaluated through an internal mechanism supervised by our Management Team. Each employee performs their duties according to a criteria-based job description that reflects safety, quality workmanship, productivity, appropriateness of care, problem solving and customer service. A performance appraisal is conducted for each employee upon completion of the probationary period and at least annually thereafter. Each worker is also required to complete a competency assessment and orientation upon hire and annually thereafter in selected areas to assure that ongoing requirements are met and opportunities for improvement are identified.

Staff members have diverse
educational backgrounds
including accounting,
business administration,
engineering, and forestry.
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7 Setting the Gold Standard
Meet the Team: Project Team
JASON PINEGAR Regional Manager/V.P.

Mr. Pinegar has been with WCA since 1993. Starting as a Trimmer, he was repeatedly promoted and became an Area Manager in the 2000’s at which time he moved to Northern California. In 2020 he was promoted to Vice President. He has over 30 years’ experience in the arboriculture field and has a vast knowledge of trees in Northern California. He oversees our Northern California region contracts and staff. His long career with WCA includes managing contracts with the City of Sacramento, Stockton, and the entire San Francisco Bay region. • ISA Certified Arborist Utility Specialist #WE-2039 AU • TCIA Certified Treecare Safety Professional #259
• ISA Tree Risk Assessment Qualified
• ATSSA Traffic Control Designer #00236727
• NCCCO Certified Crane Operator #050820987R
• TLC Wildlife Area
TIM PATTERSON Area Manager
Mr. Patterson has been with WCA since 2006. He has over 16 years’ experience in the arboriculture field managing our municipal contracts in the Stockton Area after initially joining WCA as a Customer Service Representative (CSR)/ Office Manager. He is responsible for estimating, scheduling, contract administration, personnel and daily operation. He is responsible for field operations, customers service, and management of crews throughout Stockton and the surrounding area. Through his employment he has gained valuable experience in computer estimating, tree inventory systems, and costing programs which are essential in the efficient operation of tree crews. • ISA Board Certified Master Arborist #WE=12037A
• ISA Tree Risk Assessment Qualified
JUAN LAIJA Project Supervisor
As Site Supervisor, Juan is an ISA Certified Arborist and has been with WCA since 2018 and worked his way up quickly. He is responsible for reviewing the day’s activities, assisting the Area Manager in scheduling, and ensuring proper safety procedures are being followed. As Supervisor, he will communicate with contract administrators and other interested parties daily. Report and resolve malfunctions, damage, or industrial injury. He will also assist in employee training programs, maintain records, and file daily reports and receipts. He will be the onsite arborist for this project. • ISA Certified Arborist #WE-13425a
• TCIA Crewleader Qualified
• WCA Qualified Line Clearance Tree Trimmer
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8 Setting the Gold Standard
Meet the Team: Support Staff
KELLEY GILLERAN Plant Health Care Arborist
Kelley has been with WCA since 2010. Before that time, he worked for Fallen Leaf Tree Service Inc. as a Consultant/Salesperson. Current responsibilities as a Consulting Arborist includes establishing GPS tree inventories, arborist report writing tree risk assessments, aerial inspections, tree appraisals, pre-construction planning and diagnosing tree disorders. Additionally, he assists with providing Plant Health Care (PHC) recommendations and service applications for our customers in the San Joaquin and Central Valleys.
• ISA Board Certified Master Arborist #WE-7061B
• ISA Tree Risk Assessment Qualified
• ASCA Registered Consulting Arborist #688
• DPR Qualified Pest Control Applicator #QAL136772
ANDREW PINEDA GIS Manager
Andrew Pineda has been with WCA since 2018. As WCA’s GIS Analyst, he works on a wide range of projects including tree inventories scope and collection, iTree analysis, tree canopy assessments, tree planting prioritization, ArborAccess training, grant funded tree planting projects, and much more. He was worked with tree inventories of all sizes from small campus inventories with less than 5,000 trees to large California cities with over 140,000 trees. He has in-depth knowledge and understanding of tree inventories, urban forestry best practices, and spatial data.
• ISA Certified Arborist #WE-12738A
• FAA UAS Part 107 Remote Pilot
• M.S. Geographic Information Science (GIS), CSU Long Beach • B.A. Environmental Science, Boston University
RITA OTA Customer Service Rep. (CSR)
Rita recently joined WCA in early 2022 as the Office Manager/Customer Service Representative (CSR) for our Stockton office. As the CSR, she is responsible for providing support to the Area Manager, Site Supervisor, and crew. She is to act as a liaison between the company and its clients as well as the general public. Rita is also responsible for responding to customer service inquires and facilitating contracting functions, such as: mapping, underground service alert, data entry, field book preparation, list preparation, etc.
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9 Setting the Gold Standard
Executive Staff
From marketing, contract administration, field and fleet management, to information technology, our Executive Staff is involved in the day-to-day operations supporting each Project Team and customer to ensure the highest quality of tree care is being achieved in the industry.

Patrick Mahoney
President
Richard Mahoney
Secretary
Rose Epperson
Treasurer
Andrew Trotter
V.P. – Field Operations
Chris Crippen
V.P. – I.T.

Victor Gonzalez
V.P. – Business
Development
Debbie DePasquale
V.P. – Internal Operations
Ernesto Macias
V.P. – Risk Management
Nick Alago
V.P. – SoCal Region
Michael Palat
V.P. – SoCal Region
Jason Pinegar
V.P. – NorCal Region
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11 Setting the Gold Standard

CLIENT REFERENCES
West Coast Arborists understands the challenge that many cities face to reduce the cost of tree maintenance services, while increasing the level of performance. Utilizing our services as a valuable, cost-effective resource, cities are able to provide better services to their community.

These contracts cover a range of services from providing emergency response to maintaining the Agency’s entire urban forest.

CITY OF SAN RAMON SINCE 2005
WCA provides as-needed service request maintenance for the City of San Ramon. Service includes grid pruning, service pruning, large tree removals, and emergency response city-wide and at a number of city-owned facilities including the fire houses.

Contact: Brent Scroggs, Parks Program Manager
5000 Crow Canyon Road, San Ramon, CA 94582 ~ (925) 973-2888 ~ [email protected]
ANNUAL BUDGET: $1,100,000
CITY OF LIVERMORE SINCE 2016
The City of Livermore has assigned WCA with complete tree maintenance services including tree pruning and removal. They utilize ArborAccess to forecast budget amounts and to schedule maintenance as-needed.

Contact: Cody Slimmen, Public Works Supervisor
1052 S. Livermore Ave., Livermore, CA 94550 ~ (925) 260-4174 ~ [email protected]
ANNUAL BUDGET: $180,000
CITY OF PLEASANTON SINCE 2006
WCA provides the City of Pleasanton with complete urban forestry management. This includes providing arborist services to evaluate trees and make recommendations to the City. In addition to tree services during regular hours, WCA provides emergency response under storm conditions or as-needed.

Contact: Tim Annear, Parks Coordinator
P.O. Box 520, Pleasanton, CA 94566 ~ (925) 931-5576 ~
[email protected]
ANNUAL BUDGET: $760,000
CITY OF LODI/ LODI UTILITIES SINCE 2018
WCA provided power line clearing /vegetation management program services to the City of Lodi’s Electric Utility department and tree maintenance for the City’s public works, streets and parks departments.

Contact: Andrew Richle, PW Department - Utilities Superintendent 1331 S. Ham Lane, Lodi, CA 95242 ~ (209) 333-6740 ~ [email protected] ANNUAL BUDGET: $2,600,000
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12 Setting the Gold Standard
EXPERIENCE: CURRENT CALIFORNIA CITIES/COUNTIES UNDER CONTRACT WITH WCA

CITY OF AGOURA HILLS

CITY OF ALAMEDA

CITY OF ALHAMBRA

CITY OF ANAHEIM

CITY OF ARCADIA

CITY OF ARTESIA

CITY OF AZUSA

CITY OF BALDWIN PARK

CITY OF BEAUMONT

CITY OF BELL

CITY OF BELL GARDENS

CITY OF BELLFLOWER

CITY OF BERKELEY

CITY OF BEVERLY HILLS

CITY OF BRADBURY

CITY OF BRAWLEY

CITY OF BREA

CITY OF BUENA PARK

CITY OF BURLINGAME

CITY OF CAMARILLO

CITY OF CARLSBAD

CITY OF CARMEL-BY-THE-SEA

CITY OF CARPINTERIA

CITY OF CARSON

CITY OF CERES

CITY OF CHINO

CITY OF CHINO HILLS

CITY OF CHOWCHILLA

CITY OF CHULA VISTA

CITY OF CITRUS HEIGHTS

CITY OF CLAREMONT

CITY OF COACHELLA

CITY OF COLTON

CITY OF COMMERCE

CITY OF CONCORD

CITY OF CORONA

CITY OF CORONADO

CITY OF COSTA MESA

CITY OF COVINA

CITY OF CUDAHY

CITY OF CULVER CITY

CITY OF CUPERTINO

CITY OF DANA POINT

CITY OF DAVIS

CITY OF DEL MAR

CITY OF DIAMOND BAR

CITY OF DUARTE

CITY OF EL CAJON

CITY OF EL CENTRO

CITY OF EL SEGUNDO

CITY OF ENCINITAS

CITY OF ESCONDIDO

CITY OF FILLMORE

CITY OF FOLSOM

CITY OF FONTANA

CITY OF FREMONT

CITY OF FRESNO

CITY OF FULLERTON

CITY OF GARDEN GROVE

CITY OF GILROY

CITY OF GLENDALE

CITY OF GLENDORA

CITY OF GOLETA

CITY OF GRAND TERRACE

CITY OF HALF MOON BAY

CITY OF HAWAIIAN GARDENS

CITY OF HIGHLAND

CITY OF HOLLISTER

CITY OF HUNTINGTON BEACH

CITY OF IMPERIAL BEACH

CITY OF INDIO

CITY OF INDUSTRY

CITY OF INGLEWOOD

CITY OF IRWINDALE

CITY OF JURUPA VALLEY

CITY OF LA CANADA

CITY OF LA HABRA

CITY OF LA MESA

CITY OF LA MIRADA

CITY OF LA PALMA

CITY OF LA PUENTE

CITY OF LA VERNE

CITY OF LAGUNA BEACH

CITY OF LAGUNA HILLS

CITY OF LAKE ELSINORE

CITY OF LAKE FOREST

CITY OF LAKEWOOD

CITY OF LATHROP

CITY OF LEMON GROVE

CITY OF LINCOLN

CITY OF LIVERMORE

CITY OF LODI

CITY OF LOMA LINDA

CITY OF LOMPOC

CITY OF LONG BEACH

CITY OF LOS ALAMITOS

CITY OF LOS ALTOS

CITY OF LOS ANGELES

CITY OF MADERA

CITY OF MANHATTAN BEACH

CITY OF MENIFEE

CITY OF MENLO PARK

CITY OF MILPITAS

CITY OF MISSION VIEJO

CITY OF MONROVIA

CITY OF MONTCLAIR

CITY OF MONTEBELLO

CITY OF MONTEREY

CITY OF MONTEREY PARK

CITY OF MOORPARK

CITY OF MORENO VALLEY

CITY OF MORGAN HILL

CITY OF MOUNTAIN VIEW

CITY OF MURRIETA

CITY OF NATIONAL CITY

CITY OF NEWARK

CITY OF NEWPORT BEACH

CITY OF NORCO

CITY OF NORWALK

CITY OF OAKLEY

CITY OF OCEANSIDE

CITY OF ONTARIO

CITY OF ORANGE

CITY OF OXNARD

CITY OF PALM DESERT

CITY OF PALM SPRINGS

CITY OF PALO ALTO

CITY OF PARAMOUNT

CITY OF PERRIS

CITY OF PICO RIVERA

CITY OF PLACENTIA

CITY OF PLEASANTON

CITY OF POMONA

CITY OF POWAY

CITY OF RANCHO CORDOVA

CITY OF RANCHO

CUCAMONGA

CITY OF RPV

CITY OF REDLANDS

CITY OF REDONDO BEACH

CITY OF RIALTO

CITY OF RIVERSIDE

CITY OF ROSEMEAD

CITY OF ROSEVILLE

CITY OF SACRAMENTO

CITY OF SAN BERNARDINO

CITY OF SAN BRUNO

CITY OF SAN CARLOS

CITY OF SAN CLEMENTE

CITY OF SAN DIEGO

CITY OF SAN DIMAS

CITY OF SAN FERNANDO

CITY OF SAN JACINTO

CITY OF SAN JUAN CAP

CITY OF SAN LEANDRO

CITY OF SAN MARCOS

CITY OF SAN RAMON

CITY OF SANTA ANA

CITY OF SANTA BARBARA

CITY OF SANTA CLARA

CITY OF SANTA CLARITA

CITY OF SANTA FE SPRINGS

CITY OF SANTA MARIA

CITY OF SANTEE

CITY OF SIERRA MADRE

CITY OF SIGNAL HILL

CITY OF SOLANA BEACH

CITY OF SOUTH PASADENA

CITY OF SOUTH SF

CITY OF STOCKTON

CITY OF SUNNYVALE

CITY OF TEMPLE CITY

CITY OF THOUSAND OAKS

CITY OF TORRANCE

CITY OF TRACY

CITY OF TULARE

CITY OF TUSTIN

CITY OF UPLAND

CITY OF VENTURA

CITY OF VERNON

CITY OF VICTORVILLE

CITY OF VISALIA

CITY OF VISTA

CITY OF WALNUT

CITY OF WALNUT CREEK

CITY OF WEST COVINA

CITY OF WEST HOLLYWOOD

CITY OF WEST SACRAMENTO

CITY OF WHITTIER

CITY OF WOODLAND

CITY OF YORBA LINDA

COUNTY OF ALAMEDA

COUNTY OF COLUSA

COUNTY OF CONTRA COSTA

COUNTY OF EL DORADO

COUNTY OF FRESNO

COUNTY OF LOS ANGELES

COUNTY OF MONTEREY

COUNTY OF NAPA

COUNTY OF ORANGE

COUNTY OF PLACER

COUNTY OF RIVERSIDE

COUNTY OF SAN BERNARDINO

COUNTY OF SAN DIEGO

COUNTY OF SAN JOAQUIN

COUNTY OF SAN MATEO

COUNTY OF TULARE

COUNTY OF VENTURA

COUNTY OF YOLO

MOUNTAIN HOUSE CSD

ROSSMOORE CSD

TOWN OF ATHERTON
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FIRM EXPERIENCE
Listed below are current contracts valued over $2,000,000 annually.

Customer Duration Annual Contract Amount
County of Los Angeles Since 2015 $14,800,000
City & County of San Francisco Since 2017 $6,200,000
City of Riverside Since 2018 $4,400,000
City of Long Beach Since 2016 $3,400,000
City of Fresno Since 2001 $3,400,000
Riverside Public Utilities Since 1997 $3,400,000
City of Anaheim/Anaheim Utilities Since 2007 $3,300,000 City of Corona Since 2010 $3,000,000
City of Industry Since 2020 $3,000,000
County of Orange - Parks Since 2014 $3,000,000
City of Sacramento - Parks Since 2016 $2,800,000
City of San Diego Since 2015 $2,700,000
City of Ontario Since 1998 $2,700,000
City of Sacramento Since 2015 $2,500,000
City of Glendale Since 2015 $2,500,000
Glendale Water & Power Since 2015 $2,500,000
City of Santa Clarita Since 2008 $2,400,000
City of Beverly Hills Since 2000 $2,300,000
City of Fullerton Since1998 $2,300,000
City of Santa Ana Since 2015 $2,000,000
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SCOPE OF SERVICES
Grid Tree Pruning
Grid tree pruning is based on pruning in pre-designed districts, or grids on a set cycle and in its entirety. This includes pruning all trees (small, medium and large-sized.) Pruning will include structural pruning, crown raising, and slight crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and shall have no more than 15% of the live foliage removed at a given time.

Special Request Tree Pruning
Special Request Tree Pruning includes tree maintenance services on designated tree(s) as ordered by the City’s Arborist or designee. This category of pruning may include structural pruning, crown raising, crown cleaning and/or pruning to restore the crown. Whichever work type is ordered by the City, pruning will be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards and the Best Management Practice, Tree Pruning Guidelines. Trees that are identified for a Special Request Tree Prune shall have approximately 25% of the live foliage removed at a given time.

Pruning to reduce the tree’s crown (or Crown Reduction Pruning) may be performed when conditions within the crown of a hardwood tree are such that the overall canopy mass and excessive wood weight needs to be reduced. This type of prune is performed when the City’s primary objective is to maintain or improve tree health and structure and will be charged at the Crew Rental rate as agreed upon by the City and WCA.

Line Clearance
Trees that interfere or have the possibility of interfering with utility lines will be trimmed in a manner to achieve the required clearances as specified and in accordance with the California Public Utilities Commission. It is our goal to protect the current health and condition of the tree and to maintain its symmetry and direct growth away from the utility lines.

Young Tree Maintenance (Optional)
Proper pruning and care during the early stages of the tree’s life will save money in the future, and create a safer, more beautiful, healthy, easy-to-maintain tree. We believe that tree care that is performed early will affect its shape, strength and life span. Our specialized small tree care team consists of certified personnel trained to perform the following under the hourly rate:
• Selective structural pruning
• Removal of dead, interfering, split and/or broken limbs • Pre-conditioning the water retention basin built around the tree • Staking or re-staking
• Adjusting tree ties
• Adjusting trunk protectors
• Weed abatement
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Root Pruning
We strongly recommend against any root pruning, however, should the City elect to proceed, we recommend that it be done no closer than 3 times the diameter of the trunk. Roots will be pruned to a depth of approximately 12 inches by cleanly slicing through the roots, so as not to tear or vibrate the root causing damage to the tree. The excavated area will be backfilled with native soil and debris will be hauled away. This is performed under the hourly rate.

Tree and Stump Removal Operations
With a minimum of 48 hours advanced notice, WCA will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. The removal process consists of lowering limbs delicately onto the ground to prevent any hardscape damage.

Immediately following the removal, the stump will be ground down, if ordered to do so and with proper USA notification. Our standard stump grinder is the Vermeer SC802. This stump grinder is ideal for any size job and can be used to grade large stumps. We also use the Dosko SC69 stump grinders. These are intended to remove tree stumps and exposed root systems close to ground level. Tree removal and stump removal are to be charged separately in accordance with the contract.

Tree Watering (Optional)
Tree watering will be performed by a full-time, WCA team member on various routes, when requested by the Agency. This team will also be responsible for reporting special care needs to the small tree care team. This could include reporting weeds, soil that has settled, and/or staking and tying needs.

Emergency Response
We are prepared for emergency calls 24 hours a day, 7 days a week, including holidays. The toll free number is 866-LIMB-DOWN (866-546-2369). This number will be provided to the Agency, Police Department and/or Fire Department. Our emergency response team will do what is necessary to render the hazardous tree or tree-related condition safe until the following workday.

Tree Planting
We can replace trees that have been removed and plant new trees in accordance with the City’s specifications. We are prepared financially and logistically to acquire and purchase selected tree species for tree planting. At a minimum of 48 hours in advance we will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. A well-trained planting team will perform the soil preparation and installation of the tree.
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Crew Rental
Due to our vast amount of resources, including our specialty equipment and qualified personnel we are able to extend our commitment to our customers by providing various miscellaneous services outside of the most common tree maintenance services:
• Misc. use of aerial towers and cranes (including equipment rental) • Crown reduction
• Crown restoration
Arborist Reports
We have full-time Certified Arborists on staff that can prepare detailed arborist reports, tree evaluations and site inspections based on your specific needs. Reporting can be generated for one tree or an entire selection and is handled on a case-by-case basis.

WCA provides the technology,
management, and civic experience
that makes it the preferred tree
management partner across the West.

Plant Health Care
Tim Crothers, Plant Health Care Manager
• ISA Board Certified Master Arborist WE-7655 BUM
• DPR Qualified Pest Control Applicator #145321
• QAL Category B & D
Our PHC program managed by Tim goes beyond standard chemical applications. We have developed an efficient Integrated Pest Management Program (IPM) that requires diagnosis before treatment. WCA is staffed with licensed applicators and advisors that are environmentally conscious as well as compliant with the California Department of Pesticide Regulation. This service allows us to provide you with:
• Proper diagnosis based on on-site inspection with laboratory testing when necessary • Proactive and preventative recommendations that reduce the amount of potential pest and disease issues
• Follow-up evaluations to ensure that the recommended treatments result in a healthy and balanced urban forest
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IMPLEMENTATION, QUALITY CONTROL AND SAFETY
Implementation Plan
To ensure the quality of work and the level of service
expected, WCA abides by a well-defined quality control
plan that incorporates the following:
• Certified personnel
• Safety
• Pruning specifications and guidelines
• Sound equipment
• Public relations
• Proper traffic control
• State-of-the-art communication systems
Area Manager: Tim Patterson
ISA Certification #: WE-12037A
The project Area Manager will be the central point of contact and will work cooperatively with Agency staff, local residents and business owners, etc. The Area Manger will provide overall field supervision and crew management.

Daily Management
Daily management will consist of, but not be limited to:
• Email notification complete with location, crew, equipment type, and work description • Supervise crew personnel to insure proper pruning standards are followed in a safe manner • Traffic control setup and maintenance of work zone
• Ensure work area is left free of debris at the end of shift • Maintain record of work completed each day
• Maintain good public relations at all times
• Provide immediate notification to Agency Inspector upon damage of personal property including a plan for corrective measures to take place within 48 hours Weekly Management
• Weekly management will consist of, but is not limited to:
• Weekly inspection of work completed
• Meet with the Agency to review work schedule and progress • Insure standards of pruning are performed in accordance with Agency specifications • Maintain open communication
Special shifts including
weekends and evenings
can be arranged in
accordance with the
Agency’s specifications.
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Public Notification
Upon Agency staff approval, WCA will post a door hanger notice prior to commencement of grid pruning (within 24-48 hours). After tree plantings, door hangers will be provided to residents instructing them on the proper care for their newly planted tree. For more comprehensive outreach we can also submit a press release for special projects or routine maintenance. The Agency may modify the procedures and materials to which we notify residents.

Communication Systems
Our use of modern and reliable communication systems affect our daily job performance by increasing our efficiency. Management and Field Personnel utilize smart phones as both navigational and communication devices in the field. Smart phones have proven to be a convenient method to input data as related to tree inventories, daily work records, timesheets, photos, and billing information; eliminating the need to handwrite data and improving customer service by minimizing response time.

Permits and Licensing
WCA will procure a City Business License as necessary and any “no-fee” permits prior to commencement of work. Permits (i.e., encroachment, traffic control, etc.) requiring fees will be charged back to the Agency.

Right-of-Way
All work will be performed in the public right-of-way. Employees will not utilize private property for eating, breaks or any other reason or use water or electricity from such property without prior written permission of owner.

Cooperation and Collateral Work
WCA will give right to operate within the project to the Agency workers and/other contractors, utility companies, street sweepers, and others as needed in a cooperative effort to minimize interference in daily operations.

Project Site Maintenance
Work site will be left free of debris at the end of each workday. We will not discharge smoke, dust, or any other air containments in quantities that violate the regulations of any legally constituted authority.

Scheduling of Work
The Area Manager is responsible for scheduling work which shall conform to the Agency’s schedule of performance. We
recommend equal distribution of work throughout the course of the fiscal year. Notifications will be provided to residents prior to the start of pruning operations in said area. All work will be performed in a cooperative manner as to cause the least amount of interference or inconvenience.
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Workflow Timelines
GRID PRUNING FLOWCHART (Within 30-day Completion)
REMOVAL FLOWCHART (Within 15-day Completion)
PLANTING FLOWCHART (Within 15-day Completion)
EMERGENCY FLOWCHART (Within 1-3 hour Response / 24-hour Completion)

PLANT HEALTH CARE FLOWCHART
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Emergency Contacts Sample Planting Door Hanger
In case of emergency AFTER
normal business hours:
866.546.2369
Leave a message, if you do not
receive a call back within 10 minutes,
call the following contacts in order:

Jerry Hedrick, Foreman
714.470.9860
Triston Powers, Foreman
209.345.5426
Juan Laija, Supervisor
209.345.0798
Tim Patterson, Area Manager
209.810.8023
AFTER confirmation from on-call
Manager, you can email multiple
locations to:

[email protected]
Normal Business Hours
714.991-1900
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Quality Control
Feedback
WCA regularly receives and tracks feedback from customers and residents as a means to acknowledge good performance and provide prompt resolution for any negative comments.

Every month, a summary of the feedback is then reviewed by the management team.

Customer Service Department
As we work with, or near, the public,
we are mindful that we will most likely
be the first person the public contacts.

We have a full-time Customer Service
Department with each Customer
Service Representative (CSR) trained
in addressing concerned residents
and bystanders.

Complaints & Damage
Resolution
Should there be any property
damage, we adhere to specific
procedures to resolve the problem.

The Foreman on the job site will notify
the resident and the Inspector immediately.

If the resident is not at home, then we will leave a WCA card with instructions to call our Claims Coordinator in our corporate office. The ultimate goal at each work site is to leave the property in the same condition as before we entered it. We will notify the Agency Representative immediately upon damage of private property including plans for corrective measures to take place within 48 hours.

Any activities found by the Agency to be unacceptable will be rectified immediately. All other complaints will be abated or resolved within twenty-four (24) hours of the occurrence. We have teams specifically assigned for handling damage to properties, both private and public. Through our communication system, we have the ability to dispatch either of these teams and have them respond immediately to the site for proper repair.

We pride ourselves on professional workmanship to avoid these types of incidents, however, should one occur, we take all appropriate measures to resolve the matter in a timely and efficient manner.

Protection of Public and Private Property
WCA will provide all safety measures necessary to protect the public and worker within the work area. We will maintain good public relations at all times. The work will be conducted in a manner which will cause the least disturbance.
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Safety & Training
Safety Program
Safety standards are top priority at West Coast Arborists, Inc. Our line of work demands that all work is performed in a manner that provides the maximum safety to the general public as well as our employees. Our crews are instructed to follow the safety standards of ANSI Z133.1 as well as Cal-OSHA requirements. We have one of the most extensive safety training programs in the industry. We provide our employees with state-of -the-art training tools and instructional sessions company wide. Our insurance carriers and Cal-OSHA have recognized us repeatedly for outstanding safety training efforts.

We have a full time Safety & Training Manager, Dane Jensen, that is professionally trained in the field of horticulture. As WCA’s Training Manager, Dane is responsible for staying up-to-date on all tree-related industry standards as related to safety and the wellness of our employees and the public in which we serve. Training materials are regularly reviewed and updated to ensure WCA employees receive the proper education, instruction and hands on experience needed to perform their day to day activities safely and efficiently. Training topics include a full-circle from proper pruning techniques, arboriculture, to customer service and everything in between. • ISA Certified Utility & Municipal Arborist #WE-12014A • ISA Skills Test Evaluator—TW Climber
• TCIA Certified Treecare Safety Professional #3303
• ISA Tree Risk Assessment Qualification #E4068
• American Heart Association BLS and First Aid Instructor Public Convenience and Safety
WCA will comply with any and all local sound control and noise level rules, regulations, and ordinances which apply to any work performed in the contracted area. All work will cease by 5:00 pm or as directed by the Agency (excluding emergency services).

Our line of work demands
that all work is performed
in a manner that provides
the maximum safety to the
general public as well as
our employees.
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Employee Training Program
West Coast Arborists, Inc. provides an extensive in-house training curriculum for all employees to broaden their knowledge of the arboriculture field of study. Included in this training are the ISA standards, both Treeworker and Arborist study programs, and a variety of Tree Care Industry Association home study programs. We also offer training courses to our staff in areas of customer service satisfaction, maintaining professional conduct, and Qualified Line Clearance Trimmer Training.

Traffic Control
Traffic control procedures will be set-up in accordance with the Work Area Traffic Control Handbook (WATCH) and State of California Manual of Traffic Controls as well as the Agency Traffic and Safety Operating Rules. WCA will make adequate provisions to insure the normal flow of traffic over the public streets and park roads. Every effort will be made to keep commercial driveways and passageways open to the public during business hours. High visibility arrowboard(s) will be used when needed. Prior to use, the Agency will approve traffic safety equipment and devices. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker will serve to coordinate safe operations on the ground at all times when work operations are in progress.

Our Training and Safety team members are tasked with
completing field evaluations of crews and members are onsite to coach and train employees on safe practices.

Employees receive performance evaluations at 90 days, 6 months, then annually (or as-needed) after their first year. All employees are provided copies of WCA’s Injury & Illness Prevention Program.

WCA is dedicated to
health and safety for
trees, employees, and
the community.
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EQUIPMENT LIST
Equipment
Our modern fleet undergoes daily inspection prior to
use to ensure efficiency and safety. All equipment is
routinely serviced, painted, and detailed. All
equipment used during the duration of this project
will meet state and federal safety requirements and
have all up-to-date certifications, as required.

CHP Biennial Inspection of Terminal
Certification
We have successfully been awarded the CHP
Biennial Inspection Award of Recognition. This
inspection has assisted our company in instituting
several safety programs, as well as our Preventative
Maintenance Program utilized by our in-house fleet
department. The inspection reviews our vehicle
maintenance and repair records, our procedural
methods and policies for vehicle maintenance and
operations. This certification ensures that our vehicles operate safely.

Telematics (GPS)
WCA has partnered with Geo-Tab to provide GPS units on all vehicles and equipment. This investment has given us and our customers the following benefits:
• Provide faster response times and more efficient routing allowing us to service more customers • Lower operational costs by optimizing our fleet size, reducing labor, overtime, and insurance, and minimizing costly vehicle repairs
• Decrease fuel use by monitoring fleet fuel economy and saving on unnecessary fuel expenditures
• Reduce emissions by helping drivers improve their habits such as speed and idle time, and reducing total miles
driven which will significantly reduce harmful
greenhouse gas emissions
• Improve dispatching with landmarks and driving
directions, GPS units helps us to better dispatch so that we can service more customers, faster
• Recover stolen vehicles reducing liability costs which can be passed on to customers
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Equipment Listing
Through our ability to dedicate specific pieces of equipment for this project, we believe it will lead to a successful program. In addition to aerial lift devices, dump trucks, flatbed trucks and roll off containers, we will also have additional equipment for use throughout the project such as cranes, loaders, and special aerial lift devices for higher elevated trees. Specific vehicles and equipment that are available to the City of Modesto are listed below with additional equipment listed in inventory available as-needed:

Type Year/Make Model
License
Plate VIN
Aerial Tower 2023 FREIGHTLINER M2106/ TEREX XT PRO 60/70 10392U3 1FVACWFD2PHNZ1215 Aerial Tower 2023 FREIGHTLINER M2106/TEREX XT PRO 56F COMBO 67847S3 1FVACWFD8PHNZ0716 Aerial Tower 2021 FORD F750 / TEREX XT PRO 60/70 5.16E+07 1FDNF7AN0MDF07448 Aerial Tower 2017 DODGE RAM 5500/HI RANGER LT40 36594J2 3C7WRMAJ2HG760777 Aerial Tower 2019 FORD F750XTPRO60 12154S2 1FDNF7AY9KDF03762 Aerial Tower 2018 FORD F750W/TEREX XTPRO 60-70 60929M2 1FDPF7AY8JDF03355 Arrowboard 2020 WANCO WTSP55 ARROW BOARD SE711122 5F11S1012L1006800 Arrowboard 2020 WANCO WTSP ARROW BOARD SE705809 5F11S1018L1000189 Arrowboard 2013 WANCO ARROW BOARD SE683148 5F11S1015D1001124 ATV 2017 POLORIS SPORTSMAN 570 / # T30 - trailer EE7E07 4XASEE575HA074265 Brush Chipper 2022 VERMEER BC1500 BRUSH CHIPPER (GAS) SE738039 1VRD18AE7P1051216 Brush Chipper 2023 VERMEER BC1500 BRUSH CHIPPER SE748205 1VRD18AE6P1051515 Brush Chipper 2019 VERMEER BC1500 BRUSH CHIPPER (GAS) SE712542 1VR2181VXL1009768 Brush Chipper 2013 VERMEER BC1000-74 SE639681 1VRY11196D1019851 Brush Chipper 2013 VERMEER BC1000-74 SE639685 1VRY11191D1019854 Brush Chipper 2013 VERMEER BC1000-74 SE639846 1VRY11191D1019739 Brush Chipper 2016 VERMEER BC1000-49 BRUSH CHIPPER SE646391 1VRY11195G1023538 Brush Chipper 2012 VERMEER BC1000-49 SE621045 1VRY11198D1018913 Brush Chipper 2017 VERMEER BC1500 BRUSH CHIPPER SE650181 1VR2181V6J1008811 Brush Chipper 2011 VERMEER BC1500 BRUSH CHIPPER SE614791 1VR2161V0B1002735 Brush Chipper 2018 VERMEER BC1500 BRUSH CHIPPER SE701071 1VR2181V2J1009082 Brush Chipper 2011 VERMEER BC1000-49 BRUSH CHIPPER SE614486 1VRY11195B1016775 Brush Chipper 2012 VERMEER BC1000-49 SE621044 1VRY1119XD1018914 Crane 2014 FREIGHTLINER 114SD W/NATIONAL NBT40-142 CRANE 10393U3 1FVPG3CY4EHFN8169 Dump Truck 2022 FORD F650 CHIPPER TRUCK 98589K3 1FDNF6AN0NDF10328 Dump Truck 2023 FORD F650 CHIPPER TRUCK 34148P3 1FDNF6AN1PDF06730 Dump Truck 2017 FORD F550 CHIPPER TRUCK 00733G2 1FDUF5HY8HED72042 Dump Truck 2019 FORD F750 CHIPPER TRUCK 48508W2 1FDNF7AY9KDF14504 Dump Truck 2018 FORD F750 CHIPPER TRUCK 26649L2 1FDNF7AY4JDF02582 Dump Truck 2018 FORD F750 CHIPPER TRUCK 26655L2 1FDNF7AY7JDF02589 Dump Truck 2018 FORD F750 CHIPPER TRUCK 26651L2 1FDNF7AY8JDF02584 Dump Truck 2019 FORD F750 CHIPPER TRUCK 98882P2 1FDNF7AY4KDF02731 Flatbed 2014 PETERBUILT 337 FLATBED 23837T2 2NP2HJ7X2EM243550 Flatbed 2020 FORD F550 FLATBED 93266C3 1FDUF5GN4LED94247 #10..
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Loader 2017 CATERPILLAR 908M SE690988 CAT0908MKH8802364 Loader 2012 CATERPILLAR 908H2 SE658794 CAT0908HVJRD00593 Pickup 2023 DODGE RAM 2500 70706U3 3C6MR4AJ7PG631105
Pickup 2017 DODGE RAM 2500 PICKUP 77953R1 3C6LR4AT7HG514025 Pickup 2020 DODGE RAM 1500 96251A3 3C6JR6ET1LG189877
Pickup 2020 DODGE RAM 2500 PICKUP 15946Z2 3C6MR4AJ5LG181254 Pickup 2023 TOYOTA TACOMA TRD OFF ROAD 24074S3 3TMAZ5CN8PM205720 Pickup 2023 DODGE RAM 2500 70716U3 3C6MR4AJ2PG631108
Pickup 2018 DODGE RAM 1500 SLT PICKUP 27983K2 3C6JR6ET3JG171135 Pickup 2023 FORD F250XL 27295U3 1FTBF2AA0PEC50023
Pickup 2021 DODGE RAM 1500 20897J3 3C6JR6ET3MG613979
Pickup 2017 DODGE RAM 1500 75019G2 3C6JR6DT5HG738294
Pickup 2019 DODGE RAM 1500 PICKUP 75106U2 3C6JR6ET3KG567020 Pickup 2019 DODGE RAM 1500 PICKUP 83399W2 3C6JR6DT5KG694563 Pickup 2018 DODGE RAM 1500 37783G2 3C6JR6DT8JG175912
Pickup 2014 DODGE RAM 1500 PICKUP 68931S1 3C6JR6DT0EG307731 Roll Off 2016 INTERANTIONAL PROSTAR ROLL OFF T-CM28K13 3HSDJAPR1GN464917 Roll Off 2022 FREIGHTLINER 114SD ROLL OFF (PUSHER) SPART 07217J3 1FVMG3DV4NHNG8832 Roll Off 2017 FRIEGHTLINER SD108 ROLL OFF (PUSHER) 49767H2 1FVHG5FE7JHJM3811 Stump
Grinder 2019 VERMEER SC802 STUMP CUTTER SE716610 1VR2151J4L1003198 Stump
Grinder 2019 VERMEER SC802 STUMP CUTTER SE706600 1VR2151J2K1003151 Trailer 2022 FELLING TRAILER (L123) 4YU2265 5FTBE2421N1006818 Trailer 2018 CARRY ON ATV7 TRAILER 4X6 4RM2856 4YMBU0610JN006864 #10..
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IN-HOUSE FLEET MAINTENANCE
We currently have more than 1,500 pieces of fairly new equipment that enables us to replace equipment immediately should there be any unforeseen mechanical problems. We employ over 50 full-time mechanics that perform an in-house fleet maintenance program. This allows our equipment to be in good operating condition necessary for accomplishing the City’s needs. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time. Equipment is assigned to different crews and if the crew is shared with another contract the equipment will be as well.

PREVENTATIVE MAINTENANCE PROGRAM
All WCA equipment goes through our Preventative Maintenance program. From our solar powered arrow boards, to our Freightliner Roll Off trucks. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time.

SUSTAINABILITY
Over the last few years, we have invested heavily in new equipment to keep our fleet modern, comply with state requirements, meet demand and reduce our effects on the environment. We understand with a fleet as large as ours that we are responsible for the amount of emissions our vehicles produce and actively make an effort to monitor and reduce our carbon footprint.

Through our ability to
dedicate specific
pieces of equipment for
this project, we believe
it will lead to a
successful program.
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CHP Commercial Vehicle Inspection Report
Our company has been assigned CHP Carrier Number CA68562 in the California Highway Patrol’s Management Information System of Terminal Evaluation Records (MISTER), which is an automated file pertaining to the motor carriers operating in the State of California. MISTER gives the CHP immediate access to emergency information about our company and enhances the CHP’s capability to monitor the overall safety operations of our company. Certificate below is valid for 4 years: 10/11/22 – 10/11/26.
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TECHNOLOGY AND INFORMATION
ArborAccess
Our tree management program sets us apart from
other companies. With nearly 2,000 active users,
ArborAccess and our mobile app will help you easily
manage your urban forest with ease and
convenience. Tree site attributes include location
(utilizing GPS coordinates), species type, and
parkway size. Features allow you to view and edit
work history records and create work orders directly
from the field, all from our secure cloud.

The information contained in ArborAccess is live
data that can also be linked directly to a GIS
program, such as ArcView, for geo-coding purposes
and can assist your Agency in meeting GASB34
requirements. ArborAccess provides an unlimited
resource of information regarding your urban forest.

Software Training
Our IT Department is based out of our corporate office in Anaheim, CA with regional offices located throughout California and Arizona. Each office has the ability to provide software training to our customers. We are also available to provide training sessions on-site at the customer’s discretion. On-site training is proven to be effective as it provides a guided hands-on experience.

We offer periodic tree maintenance and management workshops each year.

These free workshops are provided to our customers regionally and educate over 250 people annually. They have proven to be a great round-table and networking opportunity for the different agencies in attendance. Presentations are provided by WCA management staff and complimented with guest speakers in the industry.

Certified Arborists and Tree Workers who attend are eligible to receive continuing education credits (CEU’s) from the International Society of Arboriculture.

The success of any urban forest program depends on the proper management of information. Unlimited telephone and/or email support is available to answer technical questions and aid staff in the use of the software system. Software training and support is included in the cost associated with the inventory data collection.

List Tracking System
The List Tracking Report in ArborAccess is a useful tool in the management of incoming work. This report allows both parties to track specific jobs as they are ordered by the Agency. Proper use of this system enables the Agency and WCA to track the completion of work that is ordered.

ArborAccess Features
Ease of use
Create work orders
View tree site details
View work history
View invoices
Mobile app
Live data
GIS/GPS mapping
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32 Setting the Gold Standard
Billing
WCA, Inc. operates a modern invoicing system that is updated on a daily basis. Progress billings will be submitted to the Customers on a bi-weekly basis, unless otherwise requested. Invoices will reflect an amount complete for the billing period, along with a year-to-date total for that job.

Each billing will include a listing of completed work by address, tree species, work performed and appropriate data acceptable to the customer. This information will be supplied in hardcopy and immediately accessible on ArborAccess. Job balances reflecting the percent of completion for each job can be viewed on ArborAccess.

Maintenance Records
Accurate maintenance records for each location oftentimes can assist the Agency with liability claims. Maintaining a detailed history of the work performed at each location demonstrates good faith in preserving its urban forest. It is imperative that work requests are pulled from the system prior to the work being performed, otherwise inventory accuracy is not guaranteed.

Sample Management Tools:

Detailed Tree Site Characteristics
The advanced technology provides
a valuable tool to urban forestry
professionals by displaying specific
tree site information along with a
representative photograph of the
species type and a recommended
maintenance field. ArborAccess’
built-in quality control features assist
in data accuracy. As maintenance
is performed, the work history is
updated and accompanied with
bi-weekly invoices. This process
eliminates the need for dualinputting and helps keep the tree inventory current and accurate.
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33 Setting the Gold Standard
Sample: Species Frequency Report
The Species Frequency report can assist your
Agency in identifying the tree population within
the urban forest. This type of information is
valuable in the event of an insect infestation,
deadly disease, or even estimating future
maintenance costs. In addition, an analysis can
be performed to evaluate the history of the
performance of a particular species within your
Agency.

Detailed Reporting Options
Inventory Work History District Frequency
View Invoices Work Type by District Species Frequency (sample above) Job Balances DBH Frequency All Tees at an Address
Green Waste Height Frequency Estimated Tree Value
WCA helps agencies
understand and
manage their canopy
by sharing inventories,
insight, and data.
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34 Setting the Gold Standard

COMMUNITY AND ENVIRONMENT
Green Waste
WCA’s commitment to be a socially responsible corporate partner to our customers and communities is exemplified in our Recycling Program. With the steadily increasing concern for the ecological health of our communities, WCA has embarked on a landfill diversion process where all material is taken to recycling facilities where it is used in the production of soil amendments. We are committed to taking all recyclable materials removed from the trees trimmed for the duration of this project to a recycling center for processing. Verification of amounts recycled will be obtained and reported by WCA via ArborAccess for the purpose of meeting the goals of the State for reducing landfill usage.

MULCH is made from coarse ground branches and leaves. It should be spread on the ground at a rate of six to twelve inches for best effect. Fresh mulch will deplete nitrogen from the surface of the soil which will reduce unwanted weeds. Once the mulch has decayed, it returns nitrogen which helps build the quality of soil for plants. A large amount of tree debris is processed by WCA and used in large scale mulching projects for establishing native plants in open space areas.

COMPOST is made from fine ground branches, leaves or other organic material. When mixed with oxygen and water, the organic material will decay or “compost.” A finished compost is excellent for turning into the top layer of soil and will add nitrogen and increase the water holding capacity of soil. You can make compost at home in a pile in your yard or in a bin that you make or purchase. Large scale composting is done at regional recycling facilities.

FIREWOOD is traditionally the most common use of large branches and logs. Firewood is used to heat homes during winter months. WCA takes logs to our yard, and these are then chopped into usable firewood.

Wildlife Protection
We have a full-time Biologist, Lissette Rios, on
staff whose responsibilities include writing
reports, pre-work bird assessments, and training
crews on current bird nesting laws as well as
BMPs for tree maintenance. The protection of
birds, especially during nesting season, is critical
to providing responsible tree maintenance and
her experience, training and skilled eye have
proven to be a great asset to our team. Our
safety and training department has committed
to working with wildlife preservation associations
and played a key role in the establishment of
the Tree Care for Birds and Other Wildlife BMP
that is used in the tree care industry.
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35 Setting the Gold Standard
All trees have a life cycle, so we are making every effort to save the trees we can from ending up in landfills. When trees need to be removed from the Urban Forest, we preserve their natural beauty and also limit carbon emissions by salvaging trees lost during storms, disease, or normal senescence and recycling this wood into usable raw lumber.

Street Tree Revival
STREET TREE REVIVAL, our wood recycling program has
become an important component of our approach to
urban forest management. 25 years ago, we started our
urban wood recycling program in collaboration with the
California Department of Forestry and Fire Protection (CDF).

Since a number of trees require removal, it was important to create an environmentally sound and socially responsible alternative to importing lumber from other areas and to reduce the demand of trees from natural forests.
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36 Setting the Gold Standard
Arbor Day Advocates
WCA participates in over 100 Arbor Day and other community events annually by providing educational presentations, tree plantings and sponsorships. As a community partner, we understand the importance of teaching youth about the benefits of trees not only to better our environment but to ensure our urban forests are maintained for years to come.

Community Involvement
WCA participates in Arbor Day and other community events annually by providing educational presentations, tree plantings and sponsorships. As a community partner, we understand the importance of teaching youth about the benefits of trees not only to better our environment but to ensure our urban forests are maintained for years to come. WCA has a designated “Grants Team” to work with agencies to obtain grants for tree planting and growing the urban forest.

Community Campaigns
WCA has partnered with Invest From the Ground Up and the Western Chapter International Society of Arboriculture to plant trees across California under their newest initiative – Cool Parks.

With a generous grant from CAL FIRE, the Cool Parks team is working alongside partner cities and nonprofits to bring 2500 trees to California’s disadvantaged and low-income communities, organize a CA Tree Team workshop, and engage residents to learn and care about the trees in their city.

Prior to the “Cool Parks” campaign, WCA participated in the CIRCLE (California Initiative to Reduce Carbon and Limit Emissions) campaign since its launch in October of 2016. Each round of tree planting events has provided thousands of trees to communities across California. The trees planted have the potential to sequester millions of pounds of CO2.

These events are valuable to California communities by generating thousands of volunteers, improving air quality, and educating the local community about proper tree planting techniques.

Together, we can grow the urban forest for a more sustainable future.

Partnering with the Arizona
Sustainability Alliance to
engage K-12 educators in
urban forestry.
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Holder Identifier : 7777777707070700077761616045571110744517136235444307761315572514102071543455377303100735141131272131107763571423011462076117100562224760704730465323773007162377132067230076727242035772000777777707000707007 7777777707070700073525677115456000773011553432013407624111470266433070237322060320150702233735206310107122336252063111071223373430631000703222734317310007033327242073000077756163351765540777777707000707007 Certificate No : 570100231595

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
06/23/2023
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER
Aon Risk Insurance Services West, Inc.

Los Angeles CA Office
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Starr Indemnity & Liability Company 38318 INSURER B: Starr Specialty Insurance Company 16109
INSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME:

West Coast Arborists, Inc.
2200 E Via Burton
Anaheim CA 92806 USA
COVERAGES CERTIFICATE NUMBER: 570100231595 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR

ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$1,000,000
$5,000
$2,000,000
$4,000,000
$4,000,000
A 07/01/2023 07/01/2024
SIR applies per policy terms & conditions
1000100141231
PROJECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$2,000,000 A 07/01/2023 07/01/2024 COMBINED SINGLE LIMIT (Ea accident)
1000198198231

EXCESS LIAB
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED

UMBRELLA LIAB

RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
B 07/01/2023 07/01/2024 PER STATUTE
Workers Comp CA
A 1000004229 07/01/2023 07/01/2024
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A
Workers Comp AZ

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
1000004228
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION
West Coast Arborists, Inc. AUTHORIZED REPRESENTATIVE
2200 E. Via Burton
Anaheim CA 92806 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
#10..
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14 Exhibit C
IFB 2324-13
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1 CITY OF MODESTO
INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13
FOR

TREE PRUNING AND REMOVAL SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: AUGUST 15, 2023 at 11:00 A.M.

CITY OF MODESTO CONTACT: Nathan Houx, PPD Manager
E-MAIL ADDRESS: [email protected]
PHONE: (209) 571-5526
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2 CITY OF MODESTO
INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TABLE OF CONTENTS
Page
. Notice to Bidders................................................................................................................4 . City Contacts.......................................................................................................................5 . Calendar of Events..............................................................................................................5 . California Labor Code ........................................................................................................5 . Offer and Acceptance .........................................................................................................5 . Bid Opening........................................................................................................................6 . Submittal Checklist.............................................................................................................7 FORMS
. Bid Acknowledgement (Signature Form)........................................................................8 . Pricing Schedule (Signature Form)............................................................................ 9-10 . Bid Forms.................................................................................................................... 11-20 . Exceptions, Clarifications, Amendments (if applicable)..................................................21 . References................................................................................................................... 22-23 . Financial Interest Disclosure (Signature Form) ...................................................... 24-26 . Support of Local Vendors (if applicable).........................................................................27 . Company History Statement ............................................................................................28 . Addenda Acknowledgement Page (if applicable) ...........................................................29

TECHNICAL REQUIREMENTS
. Scope of Work ..................................................................................................................30 . General Specifications................................................................................................ 30-34 . Contractor Responsibilities......................................................................................... 34-37 . City Responsibilities.........................................................................................................37 . Reports........................................................................................................................ 37-38 . Work Schedule..................................................................................................................38 . City Representative...........................................................................................................38 . California Labor Code Section 1771.1(a).........................................................................38 . Required Licenses.............................................................................................................38 . Insurance ...........................................................................................................................39

GENERAL REQUIREMENTS
. Bid Submittal ....................................................................................................................40 . Acceptance/Rejection of Irregular Bids ...........................................................................40 . Complete Bid Document ..................................................................................................40 . Bid Presentation................................................................................................................41 . Compliance/Non-Compliance ..........................................................................................41 . Prevailing Wages..............................................................................................................41 . Pricing Format...................................................................................................................41 . Pricing Schedule ...............................................................................................................41 . Award of Bid.....................................................................................................................42 . Inspection and Acceptance ...............................................................................................42 . Support of Local Vendors.................................................................................................42 . Term of Agreement...........................................................................................................42 . Termination of Services....................................................................................................43 #10..
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3 . Quantities..........................................................................................................................43 . Funding .............................................................................................................................43 . Other Government/Publicly Funded Agencies.................................................................43 . Non-Discrimination ..........................................................................................................43 . Non-Discrimination of the Handicapped..........................................................................44 . Drug Free Workplace........................................................................................................44 . Indemnity ..........................................................................................................................44 . Assignment of Rights........................................................................................................44 . City Process/Procedure Approvals...................................................................................44 . Bidder/Seller Representation...................................................................................... 44-45 . Failure to Perform Satisfactory.........................................................................................45 . Contractor’s Responsibility for Damages.........................................................................45 . Protest and Appeal Procedures................................................................................... 45-49 . Payment.............................................................................................................................49 . Sample Annual Agreement ........................................................................................ 49-59 #10..
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4 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the furnishing of Tree Pruning and Removal Services for the City of Modesto, Parks, Recreation and Neighborhoods (PRND) and Public Works Departments.

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

Each bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, August 15, 2023 at 11:00 A.M., at which time bids will be opened, read and recorded.

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

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

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

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

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

NAME AND ADDRESS OF BIDDER
BID NUMBER 2324-13

TREE PRUNING AND REMOVAL SERVICES
BID OPENING DATE: AUGUST 15, 2023 AT 11:00 A.M.

MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

No bidder may withdraw his/her bid for a period of ninety (90) days after the date set for the opening thereof.

Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders. #10..
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5 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Nathan Houx, PPD Manager, via email at: [email protected]
All contact during the bid process shall be through the above-mentioned city contact. Attempts by the bidder to contact other city representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued July 21, 2023
Written Questions Due August 3, 2023
Addendum Issued (if required) August 8, 2023 (approximate date) Bid Opening PRIOR to 11:00 A.M. on Tuesday, August 15, 2023 Bid Award Approximately October 2023
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all 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 an agreement they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

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

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City agreements signed by the City's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions. #10..
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6 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
BID OPENING:

The City of Modesto will be broadcasting bid openings electronically via Microsoft Teams at 11:00 a.m. PT on Tuesday, August 15, 2023. The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, August 15, 2023. The public bid opening for IFB 2324-13, Tree Pruning and Removal Services , will be available using the URL link, video system or via phone provided below. By submitting your bid for the above-stated 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?con text=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Meeting number: 961 656 049#
OR
JOIN BY PHONE:
+1 469-998-7409 United States Toll
Access code: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Nathan Houx, by email at [email protected] or telephone at (209)571-5526.
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7 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

SUBMITTAL CHECKLIST

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

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

The bid forms are broken into sections to allow for a contractor to be considered for either a Small annual contract ($200,000 or less annually) or Large annual contract (more than $500,000 annually). The bid forms are also formatted so that a contractor can bid tree pruning and removal services for either Street Trees (Public Works Department) and/or Parks Trees (Parks, Recreation and Neighborhoods Department (PRND)).

SMALL ANNUAL CONRACT BID SHALL INCLUDE: Page No.
 Bid Acknowledgement (Signature Form)........................................................................ 8  Pricing Schedule (Signature Form).............................................................................9-10  Bid Form......................................................................................................................11-15  Exceptions, Clarifications, Amendments (if applicable)................................................. 21  References....................................................................................................................22-23  Financial Interest Disclosure (Signature Form) .......................................................24-26  Support of Local Vendors (if applicable)......................................................................... 27  Company History Statement ........................................................................................... 28  Addenda Acknowledgement Page (if applicable) ........................................................... 29 LARGE ANNUAL CONRACT BID SHALL INCLUDE: Page No.
 Bid Acknowledgement (Signature Form)........................................................................ 8  Pricing Schedule (Signature Form).............................................................................9-10  Bid Form......................................................................................................................16-20  Exceptions, Clarifications, Amendments (if applicable)................................................. 21  References....................................................................................................................22-23  Financial Interest Disclosure (Signature Form) .......................................................24-26  Support of Local Vendors (if applicable)......................................................................... 27  Company History Statement ........................................................................................... 28  Addenda Acknowledgement Page (if applicable) ........................................................... 29 #10..
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8 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

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

Obligations assumed by such signature must be fulfilled.

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

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

3. Taxes and Freight Charges: (a) unless otherwise required and specified in the 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 Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the bidder or the 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 at any time within thirty (30) days of opening, unless otherwise specified in the IFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

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

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

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

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

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

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

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

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

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
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9 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

PRICING SCHEDULE
All labor, equipment, fuel, tools, licenses and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 21.

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

ESTIMATED QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner. ** The bid forms are broken into sections to allow for a contractor to be considered for either a small annual contract or large annual contract. Contractors should fill out the corresponding sections depending on what scope of work they would like to be considered for. The City reserves the right to award individual sections to different contractors or to award the full scope of work to one contractor. Award of contract will be based on the lowest price for the type/estimated quantity of services being bid.

Following is a summary of each Section of the bid:

SMALL ANNUAL CONTRACTS ($200,000 or Less Annually)
Contractors that want to be considered for a small annual contract should complete Section 1 and/or 2 Bid Forms.

SECTION 1 – PUBLIC WORKS – CITY STREET TREES – SMALL CONTRACT BID FORM SECTION 2 – PRND – PARK TREES – SMALL CONTRACT BID FORM LARGE ANNUAL CONTRACTS (More than $500,000 Annually)
Contractors that want to be considered for a large annual contract should complete Section 3 and/or 4 Bid Forms.

SECTION 3 – PUBLIC WORKS – CITY STREET TREES – LARGE CONTRACT BID FORM SECTION 4 – PRND – PARK TREES – LARGE CONTRACT BID FORM #10..
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10 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

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

THE PAYMENT OF PREVAILING WAGES IS REQUIRED FOR ALL SERVICES.

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

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

Company Name (Bidder):

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

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:
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11 SECTION 1 BID FORM

SMALL ANNUAL CONTRACT BID FORM
For
PUBLIC WORKS – CITY STREET TREES
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12 SECTION 1
PUBLIC WORKS – CITY STREET TREES - SMALL ANNUAL CONTRACT BID FORM If the contractor wants to be considered for a small annual contract, this page should be used as the bid form for City Street Tree Pruning.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Program Pruning for City Street Trees – Small Contract
101 Program Pruning – up to 6” d.b.h. 20 EACH $________ $________________ 102 Program Pruning – 7” – 12” d.b.h. 165 EACH $________ $________________ 103 Program Pruning – 13” – 24” d.b.h. 210 EACH $________ $________________ 104 Program Pruning – 25” – 36” d.b.h. 165 EACH $________ $________________ 105 Program Pruning – 37” – 48” d.b.h. 100 EACH $________ $________________ 106 Program Pruning – 49”+ d.b.h. 15 EACH $________ $________________ Subtotal $________________
Tree Removal for City Street Trees – Small Contract
107 Tree Removal – up to 6” d.b.h. 2 EACH $________ $________________ 108 Tree Removal – 7” – 12” d.b.h. 2 EACH $________ $________________ 109 Tree Removal – 13” – 24” d.b.h. 5 EACH $________ $________________ 110 Tree Removal – 25” – 36” d.b.h. 5 EACH $________ $________________ 111 Tree Removal – 37” – 48” d.b.h. 2 EACH $________ $________________ 112 Tree Removal – 49”+ d.b.h. 2 EACH $________ $________________ Subtotal $________________
Stump Grinding for City Street Trees – Small Contract
113 Stump Grinding – up to 6” d.b.h. 2 EACH $________ $________________ 114 Stump Grinding – 7” – 12” d.b.h. 2 EACH $________ $________________ 115 Stump Grinding – 13” – 24” d.b.h. 5 EACH $________ $________________ 116 Stump Grinding – 25” – 36” d.b.h. 5 EACH $________ $________________ 117 Stump Grinding – 37” – 48” d.b.h. 5 EACH $________ $________________ 118 Stump Grinding – 49”+ d.b.h. 2 EACH $________ $________________ Subtotal $________________
Total Section 1 $________________
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13 SECTION 2 BID FORM

SMALL ANNUAL CONTRACT BID FORM
For

PRND - PARKS TREES
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14 SECTION 2
PRND – PARKS TREES - SMALL ANNUAL CONTRACT BID FORM
If the contractor wants to be considered for a small annual contract, this page should be used as the bid form for City Parks Tree Pruning and Removal.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Demand Pruning for Parks Trees – Small Contract
201 Demand Pruning – up to 6” d.b.h. 1 EACH $________ $________________ 202 Demand Pruning – 7” – 12” d.b.h. 1 EACH $________ $________________ 203 Demand Pruning – 13” – 24” d.b.h. 5 EACH $________ $________________ 204 Demand Pruning – 25” – 36” d.b.h. 5 EACH $________ $________________ 205 Demand Pruning – 37” – 48” d.b.h. 1 EACH $________ $________________ 206 Demand Pruning – 49”+ d.b.h. 1 EACH $________ $________________ Subtotal $________________
Program Pruning for Parks Trees – Small Contract
207 Program Pruning – up to 6” d.b.h. 25 EACH $________ $________________ 208 Program Pruning – 7” – 12” d.b.h. 50 EACH $________ $________________ 209 Program Pruning – 13” – 24” d.b.h. 140 EACH $________ $________________ 210 Program Pruning – 25” – 36” d.b.h. 140 EACH $________ $________________ 211 Program Pruning – 37” – 48” d.b.h. 80 EACH $________ $________________ 212 Program Pruning – 49”+ d.b.h. 25 EACH $________ $________________ Subtotal $________________
Tree Removal for Parks Trees – Small Contract
213 Tree Removal – up to 6” d.b.h. 2 EACH $________ $________________ 214 Tree Removal – 7” – 12” d.b.h. 2 EACH $________ $________________ 215 Tree Removal – 13” – 24” d.b.h. 5 EACH $________ $________________ 216 Tree Removal – 25” – 36” d.b.h. 5 EACH $________ $________________ 217 Tree Removal – 37” – 48” d.b.h. 2 EACH $________ $________________ 218 Tree Removal – 49”+ d.b.h. 2 EACH $________ $________________ Subtotal $________________
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15 SECTION 2 (CONTINUED)
PRND – PARKS TREES – SMALL ANNUAL CONTRACT BID FORM

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF
ISSUE UNIT PRICE Payment of Prevailing Wages Required
Stump Grinding for Parks Trees – Small Contract
219 Stump Grinding – up to 6” d.b.h. 2 EACH $________ $________________ 220 Stump Grinding – 7” – 12” d.b.h. 2 EACH $________ $________________ 221 Stump Grinding – 13” – 24” d.b.h. 10 EACH $________ $________________ 222 Stump Grinding – 25” – 36” d.b.h. 10 EACH $________ $________________ 223 Stump Grinding – 37” – 48” d.b.h. 5 EACH $________ $________________ 224 Stump Grinding – 49”+ d.b.h. 2 EACH $________ $________________ Subtotal $________________
Miscellaneous Services for Parks Trees – Small Contract 225 Root Pruning 25 LF $________ $________________
226 Root Barrier Installation 25 LF $________ $________________ 227 Tree Planting – 15 Gallon 25 EACH $________ $________________ Subtotal $________________
Total Section 2 $________________
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16 SECTION 3 BID FORM

LARGE ANNUAL CONTRACT BID FORM
For
PUBLIC WORKS – CITY STREET TREES
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17 SECTION 3
PUBLIC WORKS – CITY STREET TREES - LARGE ANNUAL CONTRACT BID FORM If the contractor wants to be considered for a large annual contract, this page should be used as the bid form for City Street Tree Pruning.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Program Pruning for City Street Trees – Large Contract
301 Program Pruning – up to 6” d.b.h. 75 EACH $________ $________________ 302 Program Pruning – 7” – 12” d.b.h. 725 EACH $________ $________________ 303 Program Pruning – 13” – 24” d.b.h. 875 EACH $________ $________________ 304 Program Pruning – 25” – 36” d.b.h. 725 EACH $________ $________________ 305 Program Pruning – 37” – 48” d.b.h. 400 EACH $________ $________________ 306 Program Pruning – 49”+ d.b.h. 50 EACH $________ $________________ Tree Removal for City Street Trees – Large Contract
307 Tree Removal – up to 6” d.b.h. 5 EACH $________ $________________ 308 Tree Removal – 7” – 12” d.b.h. 15 EACH $________ $________________ 309 Tree Removal – 13” – 24” d.b.h. 30 EACH $________ $________________ 310 Tree Removal – 25” – 36” d.b.h. 30 EACH $________ $________________ 311 Tree Removal – 37” – 48” d.b.h. 15 EACH $________ $________________ 312 Tree Removal – 49”+ d.b.h. 5 EACH $________ $________________ Subtotal $________________
Stump Grinding for City Street Trees – Large Contract
313 Stump Grinding – up to 6” d.b.h. 5 EACH $________ $________________ 314 Stump Grinding – 7” – 12” d.b.h. 15 EACH $________ $________________ 315 Stump Grinding – 13” – 24” d.b.h. 30 EACH $________ $________________ 316 Stump Grinding – 25” – 36” d.b.h. 30 EACH $________ $________________ 317 Stump Grinding – 37” – 48” d.b.h. 15 EACH $________ $________________ 318 Stump Grinding – 49”+ d.b.h. 5 EACH $________ $________________ Subtotal $________________
Total Section 3 $________________
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18 SECTION 4 BID FORM

LARGE ANNUAL CONTRACT BID FORM
For

PRND - PARKS TREES
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19 SECTION 4
PRND – PARKS TREES - LARGE ANNUAL CONTRACT BID FORM
If the contractor wants to be considered for a large annual contract, this page should be used as the bid form for City Parks Tree Pruning and Removal.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Demand Pruning for Parks Trees – Large Contract
401 Demand Pruning – up to 6” d.b.h. 3 EACH $________ $________________ 402 Demand Pruning – 7” – 12” d.b.h. 5 EACH $________ $________________ 403 Demand Pruning – 13” – 24” d.b.h. 10 EACH $________ $________________ 404 Demand Pruning – 25” – 36” d.b.h. 10 EACH $________ $________________ 405 Demand Pruning – 37” – 48” d.b.h. 5 EACH $________ $________________ 406 Demand Pruning – 49”+ d.b.h. 3 EACH $________ $________________ Subtotal $________________
Program Pruning for Parks Trees – Large Contract
407 Program Pruning – up to 6” d.b.h. 100 EACH $________ $________________ 408 Program Pruning – 7” – 12” d.b.h. 200 EACH $________ $________________ 409 Program Pruning – 13” – 24” d.b.h. 550 EACH $________ $________________ 410 Program Pruning – 25” – 36” d.b.h. 550 EACH $________ $________________ 411 Program Pruning – 37” – 48” d.b.h. 300 EACH $________ $________________ 412 Program Pruning – 49”+ d.b.h. 100 EACH $________ $________________ Subtotal $________________
Tree Removal for Parks Trees – Large Contract
413 Tree Removal – up to 6” d.b.h. 5 EACH $________ $________________ 414 Tree Removal – 7” – 12” d.b.h. 10 EACH $________ $________________ 415 Tree Removal – 13” – 24” d.b.h. 20 EACH $________ $________________ 416 Tree Removal – 25” – 36” d.b.h. 20 EACH $________ $________________ 417 Tree Removal – 37” – 48” d.b.h. 10 EACH $________ $________________ 418 Tree Removal – 49”+ d.b.h. 5 EACH $________ $________________ Subtotal $________________
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20 SECTION 4 (CONTINUED)
PRND – PARKS TREES - LARGE ANNUAL CONTRACT BID FORM

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF
ISSUE UNIT PRICE Payment of Prevailing Wages Required
Stump Grinding for Parks Trees – Large Contract
419 Stump Grinding – up to 6” d.b.h. 5 EACH $________ $________________ 420 Stump Grinding – 7” – 12” d.b.h. 10 EACH $________ $________________ 421 Stump Grinding – 13” – 24” d.b.h. 30 EACH $________ $________________ 422 Stump Grinding – 25” – 36” d.b.h. 30 EACH $________ $________________ 423 Stump Grinding – 37” – 48” d.b.h. 15 EACH $________ $________________ 424 Stump Grinding – 49”+ d.b.h. 10 EACH $________ $________________ Subtotal $________________
Miscellaneous Services for Parks Trees – Large Contract 425 Root Pruning 100 LF $________ $________________
426 Root Barrier Installation 100 LF $________ $________________ 427 Tree Planting – 15 Gallon 100 EACH $________ $________________ Subtotal $________________
Total Section 4 $________________
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21 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
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22 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

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

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
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23 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

REFERENCES - CONTINUED
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):
#10..
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24 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

FINANCIAL INTEREST DISCLOSURE

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

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

FinDisclosure12-19
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25 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

Tests of Materiality:

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

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

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

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

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

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

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

INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

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

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:
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27 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
Of

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

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

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

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:
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28 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

The company history statement shall be prepared on company letterhead and provided with the bid submittal. #10..
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29 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

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

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

LIST ALL ADDENDA NUMBERS: _____________________________________________________ Company Name (Bidder):
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30 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto, Parks, Recreation and Neighborhoods (PRND) and Public Works Departments are seeking a qualified contractor(s) for the furnishing of Tree Pruning and Removal Services for various locations throughout the City of Modesto on a regular basis throughout the year.

The successful contractor(s) shall submit pricing for tree pruning, tree removal, stump grinding and other services with reasonable access to conduct work. Shall access be determined by the City to be limited in certain locations, alternative accommodations will be provided. Pricing shall include all labor, materials, equipment, tools, fuel, and insurance necessary to do the work listed.

The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for tree pruning, removal and maintenance consistent with acceptable arboricultural and safety practices as established by the most current editions of the American National Standard Institute (ANSI) A300, American National Standard Institute (ANSI) Z133.1, Best Management Practices: Tree Pruning, Edward F. Gilman and Sharon J. Lilly and Arboriculture: Integrated Management of Landscape Trees, Shrubs and Vines, Richard W.

Harris, James R. Clark and Nelda P. Matheny, and Cal/OSHA standards for tree maintenance activities. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor shall furnish tree services by qualified arborists, site managers and tree worker crews to provide tree pruning, removal and maintenance activities that comply with this IFB. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in these documents in a safe, efficient and legal manner.

1.2 GENERAL SPECIFICATIONS:

TREE PRUNING REQUIREMENTS:

All work shall be done per the International Society of Arboriculture (ISA) tree protection and pruning requirements. https://www.isa-arbor.com/ Pruning will include structural pruning, crown raising, mistletoe removal and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.

Pruning objectives include the following:
• Improve structural strength and reduce failure potential • Provide clearance for pedestrians, vehicles, structures and overhead utilities • Improve safety and security for residents and visitors by providing clearance pruning as outline below • Repair structural damage from wind loading
• Improve aesthetic characteristics
• Reduce maintenance costs
• Remove diseased, broken, dying, or dead branches, including the removal of Mistletoe • Prevent or mitigate a pest problem
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31 • Additionally, IN PARKS ONLY, the contractor shall provide crown thinning when necessary to ensure dappled light penetration through the tree canopy.

Clearance pruning shall be defined as to provide the following distances:
• Roadway- not less than 14’ vertically from road surfaces • Sidewalk/Park- not less than 10’ vertically from sidewalk or park surfaces • Building/Park Elements- not less than 8’ from vertical or horizontal surfaces of building/park elements (such as play equipment, restrooms, basketball hoops, baseball backstops, etc) • Lights- not less than 10’ vertically and horizontally from lights. • Utility and telecom drop lines- not less than 2’ or sufficient clearance to prevent service interruption and vascular tree growth onto wires.

Tree pruning consists of reducing the overall foliage and their branches by no more than 30% of the total tree canopy to meet the pruning objectives outlined above. Pruning is to be performed by a method called “drop crotch” pruning which permits the preservation of a natural appearing foliage margin and retains the character of the tree. At no time shall the leader of any tree be pruned or removed. Safety Pruning shall include the removal of all dead branches over 2 inches in diameter, the removal of broken branches and the removal of over-burdened or conflicting branches as deemed necessary by the City’s Representative.

Cutting tools and saws shall be kept sharpened to a condition that will permit leaving an unabraised cambium edge on final cuts and bark tracings and shall be regularly cleaned to discourage the spread of disease from tree to tree.

Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor during trimming operations shall be reported to the City’s designated representative for determination of action as soon as it is discovered. When working on a tree, the Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and for the removal of sucker growth from tree trunks.

Limbs one inch (1”) in diameter or greater shall be removed with a series of three (compound) cuts. Make the first cut on the underside of the branch one foot (1’) to two feet (2’) from the branch junction. The undercut should be at least one-third (⅓) of the diameter. Make the second cut one inch (1”) to three inches (3”) further from the branch junction than the first. Make the final cut just outside the branch collar in a manner that will stimulate rapid callus growth that will cover the wound.

Removal of branches three and one-half inches (3.5”) or larger in diameter, unless dead, broken or cracked, require prior approval by the City Representative and once cut, shall be lowered by proper ropes to the ground.

Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City Representative. All debris resulting from tree pruning operations shall be removed from the work site daily.

All visible mistletoe plants of two leaves or more shall be abated from all species in which it is found utilizing specified acceptable arboricultural and safety practices. The following City of Modesto abatement methods shall be employed in relationship to species and branch size; Ash- limbs with a diameter greater than two inches (2”) shall have the cambium removed at least 2” from the root (haustorium) of the mistletoe; All other species – limbs with a diameter greater than two inches (2”) shall have the mistletoe cut off flush with the outer bark with no injury to the bark. Wounding of trees during the abatement process that is unreasonable is prohibited. Such actions will result in the Contractor(s) making monetary restitution to the City for damages. Upon inspection of #10..
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32 completed mistletoe abatement work, the contractor(s), at no additional cost to the City, shall abate any plants found in trees that exceed the abatement specifications.

Contractor shall include the cost of mobilization, tree pruning, wood debris chipping, cleanup, organic waste removal and disposal, access control, mistletoe abatement, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices for Tree Pruning and will be paid per tree pruned at the unit prices bid. Contractor shall be paid the unit price based on the diameter at breast height (d.b.h.) of the tree.

In the case of a multi-trunk specimen the communitive diameter of all trunks at d.b.h. should be used.

A. Demand Pruning: Demand Pruning consists of pruning less than five (5) trees located in close proximity, at the same address or at nearby street addresses. Full compensation for conforming to the requirements of this IFB shall be considered as included in Demand Pruning and no separate payment may be made thereof.

B. Program Pruning: Program Pruning consists of pruning five (5) or more trees located in close proximity, at the same address or at nearby street addresses. The term is used to reflect an economy of scale when pruning Trees in one location and shall be reflective with bid pricing reduced from the Demand Pruning bid price. Full compensation for conforming to the requirements of this IFB shall be considered as included in Program Pruning and no separate payment may be made thereof.

TREE/STUMP REMOVAL REQUIREMENTS:

Locations of trees or vegetation to remain shall be marked on-site or identified in writing by City Representative.

C. Tree Removal: Contractor to completely remove and legally dispose of trees off-site and shall be paid the unit price based on the diameter at breast height (d.b.h.) of the tree. In the case of a multitrunk specimen the communitive diameter of all trunks at d.b.h. should be used. The Contractor shall cut tree stumps within 6” of finished grade, unless otherwise directed. Full compensation for price to be paid per each tree removed. Contractor shall include the cost of mobilization, tree removal, wood debris chipping, cleanup, organic waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices.

D. Tree Stump Grinding: The Contractor shall grind an existing tree stump measured at 6” above the existing grade to a minimum 12” below grade for stumps up to 24” in diameter and a minimum 24” below grade for stumps greater than 24” in diameter. The Contractor shall backfill with soil or chipping materials to completely fill the void and make flush with surrounding grade. Stump shall be ground to below grade, and work shall include site material clean-up and debris haul-off. Prior to stump grinding, contractor shall call for a USA alert to ensure all underground utilities are identified and avoided during the process of completing the stump grinding. Full compensation for price to be paid per each stump ground based on the diameter at breast height (d.b.h.) of the tree. Contractor shall include the cost of mobilization, stump grinding, wood debris chipping, cleanup, organic waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices.

MISCELLANEOUS SERVICES:

E. Root Pruning: The Contractor to complete root pruning as requested by the City. The City shall mark the location of the required root pruning. The Contractor shall dig to locate the roots, prune the roots #10..
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33 and backfill the area. Finally, contractor shall clean up and property disposal of all debris created during the root pruning, immediately following the completion of work. Prior to root pruning, contractor shall call for an Underground Service Alert (USA) alert to ensure all underground utilities are identified and avoided during the process of completing the root pruning. Full compensation for price to be paid per each lineal foot of root pruning. Contractor shall include the cost of mobilization, digging, root pruning, cleanup, organic waste removal and disposal, access control, backfilling, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price.

F. Root Barrier Installation: Tree root barriers shall be manufactured of extruded recycled polyethylene.

Panels shall measure twenty-four inches (24”) in width by twenty-four inches (24”) in depth, with a mean thickness of 0.08 inch. Each panel shall have not less than four (4) raised ribs protruding half an inch (1/2”) from the face of the panel and running from top to bottom thereof. Each panel shall have an integral male/female sliding lock, the male down the length of one side and the female down the length of the other side.

Root barriers shall be placed at the edge of hardscape and shall consist of the number of panels necessary to install root barrier as directed by City Representative. The City shall mark the location of the required root barrier. The Contractor shall trench the location of the root barrier, install the root barrier and backfill behind the root barrier. Finally, contractor shall clean up and property disposal of all debris created during the root barrier installation, immediately following the installation of the barrier.

Prior to root barrier installation, contractor shall call for a USA alert to ensure all underground utilities are identified and avoided during the process of completing the root barrier installation. Full compensation for price to be paid per each lineal foot of root barrier installation. Contractor shall include the cost of mobilization, digging, root barrier installation, cleanup, waste removal and disposal, access control, backfilling, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price.

G. Tree Planting – 15 Gallon: The Contractor shall provide and install a 15-gallon tree of a variety selected by the City per City Standard Detail #1200 and as outline below. Install healthy, shapely, and well rooted trees. Trees shall be undamaged, vigorous and of normal habit of growth and shall be free of wilted leaves, girdling roots, sunscald, abrasions, disease, insects, insect eggs and larvae. Trees shall equal or exceed the standards as outlined by the American Standards for Nursery Stock and to applicable California Agricultural Codes. All trees shall be delivered bearing nursery label with botanical, common names, including cultivars in accordance with the standard practice recommended by the American Association of Nurserymen. Select straight trunks (minimum 1” Caliper measured at 6” from tree base) with the leader intact, undamaged, and uncut with all old abrasions and cuts completely callused over. Do not prune trees prior to delivery.

All nursery stock shall be approved by the City Representative, prior to planting and shall meet the California ReLeaf Guideline Specifications for Nursery Tree Quality. Tree Planting shall be performed in accordance with the ISA Best Management Practices Tree Planting, second edition.

Excavate tree planting pit to twice the width of the root ball and 8” deeper than the can. Test drainage of tree pit by filling with at least 6” of water. The retention of water in the tree pit for more than two (2) hours shall be brought to the attention of the City Representative, with proposals for correction before the planting proceeds. If rock, underground construction work, tree roots, poor drainage, or other obstructions are encountered in the excavation of plant pits, alternate locations may be selected by City. #10..
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34 Break and loosen the sides and bottom of the pit to ensure root penetration and water test hole for drainage as required above. Backfill native soil free of soil amendments under rootball to the depth as indicated and foot tamp to prevent settlement. Trees shall be removed from their containers only at the time of placement within the prepared plant pit. Perform root pruning on all four sides of the root ball by shaving and cutting away the root ball periphery to reduce the amount of circling roots. Starting from the top and then cutting/slicing down to the bottom of the root ball. On a 15-gallon plant at least 1-1.5 inches of the root ball periphery needs to be removed by slicing or shaving. A sharp hand pruning saw needs to be used for the slicing or shaving of the root ball. This process will remove many girdling and circling roots deflected by the container wall and allows for root penetration within the planting basin.

Spread all roots to the side to allow proper root development.

After placement of tree in prepared planting pit, backfill remainder of planting pit with specified planting mix including 1/4 organic amendment and 3/4 native soil, free from rocks, clods or lumpy material, and place three (3) plant fertilizer packets 3 inches below surface of rootball and 1/2-inch from roots.

Set tree in planting pit with top of the rootball 2” above finished grade. Trees shall be set true and plumb with the top of the plant ball, as grown in the nursery can container. The Contractor shall be responsible for any settling and shall raise and replant any tree whose crown settles below the finish grade.

After initial backfill work is completed, soak soil thoroughly with use of water hose and pipe section until soil around tree is saturated to the full depth of the hole, leaving no air pockets in the soil. Add additional planting mix as needed, continue to saturate the soil until all soil is wetted and there are no air pockets in the planting pit.

Remove any soil from top of plant rootballs and secure City's approval of rootball height prior to installing the tree stakes and ties.

Where mowing will occur, provide an eight-foot (8’) minimum horizontal radius clearance between trees and other site improvements, including other shrubs plantings. Stake tree plantings with two (2) lodgepole pine stakes and two (2) tree ties. Drive stake until solid and remove excess stake protruding above the top of the tree tie to prevent rubbing against branches.

All trees shall be supported at time of planting with:
• Tree Stakes: Shall be round, treated lodgepole pine wood stakes, made from the entire bole of the tree. They shall be at least two-inch (2") in diameter, conically pointed at one (1) end, ten foot (10’) long tapered point and chamfered at the other end. • Tree Ties: Rubber strap, 24-inch minimum length without sharp edges adjacent to trunk, V.I.T. cinch-tie, Dublin, CA, (818) 882-9530, or approved equal.

The Contractor shall include tree planting, stakes, ties and labor to complete the tree installation.

Contractor shall clean up the tree planting location, immediately following the installation of the tree.

Full compensation for price to be paid per each tree installed. Contractor shall include the cost of mobilization, digging, tree purchase and delivery, tree installation, soil preparation, tree fertilization, backfilling, tree watering, tree staking and tying, cleanup, waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price. #10..
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35 1.3 CONTRACTOR RESPONSIBILITIES:

A. Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work.

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

B. Project Delays: Suspension of work for any cause whatsoever shall not relieve the Contractor of their responsibility for the work or parts and materials as specified on the work request. The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship.

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

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

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

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

G. Damages Resulting from Work Activity: The Contractor shall be responsible for any damage their activities cause to adjacent public or private property. The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the tree pruning/removal activities. Contractor shall repair any landscape, soft-scape or hard-scape area damaged during the course of the tree pruning/removal work.

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

H. Equipment: Contractor must be experienced and certified to either own or have immediate access to equipment necessary to complete all of tree pruning/removal duties indicated.

I. Green and Organic Waste Disposal:

1. Per the State of California regulations SB1383 (https://www.calrecycle.ca.gov/climate/slcp) and AB901 (https://www.calrecycle.ca.gov/laws/rulemaking/archive/2019/ab901reporting) cities and #10..
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36 businesses must comply with mandated organic recycling and material reporting (tonnages) requirements which establish methane emissions reduction targets both locally and statewide. To achieve those reduction targets, organics (yard waste, grass, leaves, brush, leaves, trees and tree trimmings, etc., paper waste and food scraps) must be diverted out of landfills into permitted recycling facilities. In compliance to the regulatory requirements, cities must ensure that all garbage, recycling, landfills and transfer facilities, landscape companies, material haulers, etc. are bound to the law and transfer the organic materials collected within the City of Modesto to a permitted recycling facility.

2. The Contractor shall have the option of disposing of all green waste and organic matter collected as part of this Tree Pruning and Removal Services Agreement to the City of Modesto Compost Facility located at 7001 Jennings Road, Modesto, CA 95358; contact telephone number (209) 571-5144. Should this option be chosen, the City will receive the organic materials (scale in and weigh) and report the collection tonnages to the City’s Solid Waste administrative offices and to Cal-Recycle on a quarterly and annual basis. The Contractor shall provide a record of material reporting to the City on a monthly basis.

3. The Contractor may also other methods of green waste disposal as long as it is transferred to a permitted recycling facility.

4. Whatever method the Contractor choses to dispose of green waste, the cost of all disposal shall be covered by the Contractor and included in the various unit prices on the bid form(s).

J. The Contractor shall respect the rights of property owners and not enter private property without first obtaining permission from the property owner. Some trees will be located in easements that may be difficult to access and will require the Contractor to enter private property.

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

L. Access Control: The Contractor shall provide and place barricades and/or safety ribbon as necessary to restrict access to the work areas. A work zone shall be established and maintained for each tree trimming or other operation. The Contractor shall use all appropriate methods used in the field of tree trimming and tree maintenance for establishing and maintaining such work zone. No person other than members of the Contractor’s work crew may be allowed to enter such work zone. If any person enters such work zone, the Contractor shall immediately cease all work and operation of all equipment until the work zone is clear. The Contractor shall be responsible for maintaining access control of the work areas from the time work starts until the time the work site is returned to its pre-project condition, including cleanup.

M. Additional and Emergency Protection: Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work area, the City Representative may require immediate action taken and the placement of additional protections.

N. Access and Storage: Prior to commencement of work, the Contractor shall confer with the City for the purposes of determining the exact scope of work. At no time shall materials, soil or equipment be stored #10..
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37 or placed within the "dripline" of existing trees to be preserved. At no time shall vehicles be parked within the “dripline” of an existing tree to be preserved.

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

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

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

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

CHARACTER OF WORKERS:

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

LABOR FORCE AND SUPERVISION:

The City requires tree pruning work to be overseen by an ISA Certified Tree Worker / Certified Arborist. The Contractor shall provide sufficient labor at all times to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The Contractor shall ensure that supervision is provided at all times while any work under this agreement is being performed. If, in the judgment of the City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the agreement.

DELAYS BY THE CITY:

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

1.7 CITY RESPONSIBILITIES:

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

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

1.8 REPORTS:
#10..
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38 Upon completion of the work, reports shall accompany the invoice, or whenever requested to by the City, the Contractor shall submit electronic copies of log sheets and reports in Excel or other acceptable database format, which show, as a minimum, the following information:

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

1.9 WORK SCHEDULE:

Services shall be performed Monday through Friday, between the hours from 7:00 A.M. to 5:00 P.M., excluding all major holidays. The Contractor may request alternative working days in writing for City review and consideration of acceptance, such as weekends. Service work outside of normal business hours is not required.

Unless accepted by the City in writing prior to conducting work, no additional pay will be provided for alternative working days. The City shall provide a minimum three (3) business days notice of any service work to be completed by the Contractor. Once service work is requested by the City, the Contractor shall acknowledge the City’s request within three (3) business days and provide an agreeable service work timeline within seven (7) business days. Service work requested to be completed within an agreed time between the City and Contractor prior to start of work.

No Tree Pruning/Removal shall be performed until the City has provided a written “Notice to Proceed” to the Contractor for each on-call service task requested by the City.

1.10 CITY REPRESENTATIVE:

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

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

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

1.12 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.
#10..
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39 If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California Contractor's license(s) at the time the bid is submitted. An agreement shall not be awarded to a bidder that does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this Invitation, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California.

1.13 INSURANCE:

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

A. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage and $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to:
premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations.

B. Automobile Liability – insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.

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

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

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

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

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance #10..
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40 maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

CONTRACTOR shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or agreement.

INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:

Bidders should submit two (2) “inked” (preferably blue ink) signed original bid document, plus two (2) copies of the signed original bid document, and one (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.

FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

It is the responsibility of the bidders to identify information in their bid responses that they consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All costs associated with the preparation of this bid shall be borne by the bidder.

All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the bid as nonresponsive.

Please review the Sample Annual Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes.

Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

An agreement shall be awarded to the bidder(s) whose bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

2.1.2 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:
• Bid Acknowledgement (Signature Form)
• Pricing Schedule (Signature Form)
• Bid Form
#10..
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41 • Exceptions, Clarifications, Amendments (if applicable) • References
• Financial Interest Disclosure Form (Signature Form)
• Support of Local Vendors (if applicable)
• Company History Statement
• Addenda Acknowledgement Page (if applicable)
Failure to furnish any of these documents may result in disqualification.

2.1.3 BID PRESENTATION:

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

2.2 COMPLIANCE:

Bidders are required to sign the “Pricing Schedule, Bid Acknowledgement and Financial Interest Disclosure Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2324-13, and any addendum to such bid. Failure to comply may result in disqualification.

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

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

2.3 NON-COMPLIANCE:

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

2.4 PREVAILING WAGES:

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

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

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

2.5 PRICING FORMAT:

All labor, equipment, fuel, tools, licenses and insurance necessary to perform the required services shall be included in bid pricing.

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

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

2.6 PRICING SCHEDULE:

Bidders shall use the pricing schedule(s) provided in this document to present bid pricing. No other form(s) or format shall be accepted. Bid must be submitted on the Pricing Schedule(s) provided. No alterations should be #10..
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42 made to the pricing schedule(s). Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 20.

2.7 AWARD OF BID:

Award shall be based on providing the lowest responsive and responsible bid(s) meeting the IFB specifications.

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

The City reserves the right to decline to award an agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California.

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

2.8 INSPECTION AND ACCEPTANCE:

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

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

2.9 SUPPORT OF LOCAL VENDORS:

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

2.10 TERM OF AGREEMENT:

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

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

B. Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one (1) agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by The Contractor(s) #10..
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43 in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

2.11 TERMINATION OF SERVICES:

The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.

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

The City may terminate the agreement at any time with or without cause.

2.12 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.13 FUNDING:

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

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

2.15 NON-DISCRIMINATION:

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

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

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

D. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but #10..
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44 in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

2.16 NON-DISCRIMINATION OF THE HANDICAPPED:

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

2.17 DRUG FREE WORKPLACE:

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

2.18 INDEMNITY:

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

2.19 ASSIGNMENT OF RIGHTS:

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

2.20 CITY PROCESS/PROCEDURE APPROVALS:

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

2.21 BIDDER/SELLER REPRESENTATION:

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

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

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

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

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

2.22 FAILURE TO PERFORM SATISFACTORY:

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

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

2.24 PROTEST AND APPEAL PROCEDURES:

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

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

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

A. PROTEST PROCEDURES

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

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

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Invitation for Bid (IFB)/Invitation for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

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

City Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later #10..
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47 than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.

2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision.

The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written record of the protest review by the Purchasing Manager.

A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

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

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

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

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

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

All protests shall either be delivered to:

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

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

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.

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

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14. #10..
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49 2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.

2.25 PAYMENT:
• Paper Payment Method:

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

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

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

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

2.26 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This Agreement may be modified and subject to change. #10..
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50 SAMPLE ANNUAL AGREEMENT
This 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 Contractor, hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-xx authorizing the award of bid and agreement for the TREE PRUNING AND REMOVAL SERVICES, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the TREE PRUNING AND REMOVAL SERVICES as described in IFB 2324-13, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following agreement rates, not to exceed $_________________ annually.
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51 AGREEMENT PRICING

ITEM DESCRIPTION UNIT OF
ISSUE
Payment of Prevailing Wages
Required

UNIT PRICE

TO BE COMPLETED AFTER BID

SUMITTAL

2. PREVAILING WAGES:

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

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

City Representative is: Nathan Houx, Parks Planning and Development Manager (209) 571-5526 Purchasing Contact: ____________________ __________________________ The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

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

Year 1: 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 (2) years of the agreement.

Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated #10..
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52 through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage and a $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR’S and subcontractors; products and completed operations.
b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

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

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
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53 The CONTRACTOR’S insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.

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

6. PAYMENT:

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

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

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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54 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. ARBITRATION:

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

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

11. TERMINATION OF SERVICES:

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

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; #10..
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56 d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

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

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

12. COMPLIANCE WITH ALL LAWS:

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

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Exhibit “A” Resolution No. 2023-_______;
b. Exhibit “B” Bid Submittal;
c. Exhibit “C” IFB
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR: __________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
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58 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR (IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

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

20. ENTIRE AGREEMENT:

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

21. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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59 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.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________ By: _________________________________ DIANE NAYARES-PEREZ (Signature)
City Clerk
By: _________________________________
(SEAL) (Name & Title)
Date: _______________________________
APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOSEPH F. RODRIQUEZ,
Risk Manager
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1 ANNUAL AGREEMENT

GREENTEK SERVICES, LLC

FOR TREE PRUNING AND REMOVAL SERVICES
This 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 Greentek Services, LLC, hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-___ authorizing the award of bid and agreement for the TREE PRUNING AND REMOVAL SERVICES, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the TREE PRUNING AND REMOVAL SERVICES as described in IFB 2324-13, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following agreement rates, estimated amount of $635,000 annually and a total amount not to exceed $3,175,000 over five (5) years. #10..
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2 AGREEMENT PRICING

ITEM DESCRIPTION
UNIT
OF
ISSUE
Payment of
Prevailing Wages
Required

UNIT PRICE
1 Program Pruning – up to 6” d.b.h. EACH $78.81
2 Program Pruning –7”- 12” d.b.h. EACH $90.07
3 Program Pruning –13”- 24” d.b.h. EACH $143.30
4 Program Pruning –25”- 36” d.b.h. EACH $175.14
5 Program Pruning –37”- 48” d.b.h. EACH $350.29
6 Program Pruning - 49”+ d.b.h. EACH $450.37
7 Tree Removal – up to 6” d.b.h. EACH $131.36
8 Tree Removal –7”- 12” d.b.h. EACH $210.17
9 Tree Removal –13”- 24” d.b.h. EACH $623.83
10 Tree Removal –25”- 36” d.b.h. EACH $1,039.72
11 Tree Removal –37”- 48” d.b.h. EACH $3,119.17
12 Tree Removal - 49”+ d.b.h. EACH $6,238.34
13 Stump Grinding – up to 6” d.b.h. EACH $446.64
14 Stump Grinding –7”- 12” d.b.h. EACH $446.64
15 Stump Grinding –13”- 24” d.b.h. EACH $803.95
16 Stump Grinding –25”- 36” d.b.h. EACH $1,339.91
17 Stump Grinding –37”- 48” d.b.h. EACH $2,009.87
18 Stump Grinding - 49”+ d.b.h. EACH $4,019.74

2. PREVAILING WAGES:

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

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

City Representative: Bill Sandhu, Public Works Director (209) 341-2934 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 #10..
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3 shipment. Changes of a contractual or business nature shall be effective only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

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

Year 1: October 16, 2023 through October 15, 2024
Year 2: October 16, 2024 through October 15, 2025
Year 3: October 16, 2025 through October 15, 2026
Year 4: October 16, 2026 through October 15, 2027
Year 5: October 16, 2027 through October 15, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

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

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage and a $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR’S and subcontractors; products and completed operations.
b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus #10..
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4 employer's liability with a minimum limit of liability of $1,000,000.

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

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

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

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

6. PAYMENT:

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

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

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. ARBITRATION:

Any dispute or claim arising or related to this agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto #10..
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6 California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

11. TERMINATION OF SERVICES:

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

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

The CITY shall provide no lessthan ten (10) calendar day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.
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7 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after #10..
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8 termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subcontractor agreements or contracts for materials; b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

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

12. COMPLIANCE WITH ALL LAWS:

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

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Exhibit “A” Resolution No. 2023-_______;
b. Exhibit “B” Bid Submittal;
c. Exhibit “C” IFB 2324-13
d. Insurance Certificates,
e. Business License
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called #10..
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9 for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR: Melissa Huizinga
Vice President
10288 Crescenzi Place
Smartsville, CA 95977
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.

15. SIGNATOR (IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

Time is of the essence in every provision of this agreement. #10..
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10 20. ENTIRE AGREEMENT:

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

21. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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11 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. #10..
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12 Exhibit A
Resolution 2023-_____
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13 Exhibit B
GreenTek Services Bid
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14 Exhibit C
IFB 2324-13
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1 CITY OF MODESTO
INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13
FOR

TREE PRUNING AND REMOVAL SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: AUGUST 15, 2023 at 11:00 A.M.

CITY OF MODESTO CONTACT: Nathan Houx, PPD Manager
E-MAIL ADDRESS: [email protected]
PHONE: (209) 571-5526
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2 CITY OF MODESTO
INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TABLE OF CONTENTS
Page
. Notice to Bidders................................................................................................................4 . City Contacts.......................................................................................................................5 . Calendar of Events..............................................................................................................5 . California Labor Code ........................................................................................................5 . Offer and Acceptance .........................................................................................................5 . Bid Opening........................................................................................................................6 . Submittal Checklist.............................................................................................................7 FORMS
. Bid Acknowledgement (Signature Form)........................................................................8 . Pricing Schedule (Signature Form)............................................................................ 9-10 . Bid Forms.................................................................................................................... 11-20 . Exceptions, Clarifications, Amendments (if applicable)..................................................21 . References................................................................................................................... 22-23 . Financial Interest Disclosure (Signature Form) ...................................................... 24-26 . Support of Local Vendors (if applicable).........................................................................27 . Company History Statement ............................................................................................28 . Addenda Acknowledgement Page (if applicable) ...........................................................29

TECHNICAL REQUIREMENTS
. Scope of Work ..................................................................................................................30 . General Specifications................................................................................................ 30-34 . Contractor Responsibilities......................................................................................... 34-37 . City Responsibilities.........................................................................................................37 . Reports........................................................................................................................ 37-38 . Work Schedule..................................................................................................................38 . City Representative...........................................................................................................38 . California Labor Code Section 1771.1(a).........................................................................38 . Required Licenses.............................................................................................................38 . Insurance ...........................................................................................................................39

GENERAL REQUIREMENTS
. Bid Submittal ....................................................................................................................40 . Acceptance/Rejection of Irregular Bids ...........................................................................40 . Complete Bid Document ..................................................................................................40 . Bid Presentation................................................................................................................41 . Compliance/Non-Compliance ..........................................................................................41 . Prevailing Wages..............................................................................................................41 . Pricing Format...................................................................................................................41 . Pricing Schedule ...............................................................................................................41 . Award of Bid.....................................................................................................................42 . Inspection and Acceptance ...............................................................................................42 . Support of Local Vendors.................................................................................................42 . Term of Agreement...........................................................................................................42 . Termination of Services....................................................................................................43 #10..
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3 . Quantities..........................................................................................................................43 . Funding .............................................................................................................................43 . Other Government/Publicly Funded Agencies.................................................................43 . Non-Discrimination ..........................................................................................................43 . Non-Discrimination of the Handicapped..........................................................................44 . Drug Free Workplace........................................................................................................44 . Indemnity ..........................................................................................................................44 . Assignment of Rights........................................................................................................44 . City Process/Procedure Approvals...................................................................................44 . Bidder/Seller Representation...................................................................................... 44-45 . Failure to Perform Satisfactory.........................................................................................45 . Contractor’s Responsibility for Damages.........................................................................45 . Protest and Appeal Procedures................................................................................... 45-49 . Payment.............................................................................................................................49 . Sample Annual Agreement ........................................................................................ 49-59 #10..
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4 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the furnishing of Tree Pruning and Removal Services for the City of Modesto, Parks, Recreation and Neighborhoods (PRND) and Public Works Departments.

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

Each bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, August 15, 2023 at 11:00 A.M., at which time bids will be opened, read and recorded.

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

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

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

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

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

NAME AND ADDRESS OF BIDDER
BID NUMBER 2324-13

TREE PRUNING AND REMOVAL SERVICES
BID OPENING DATE: AUGUST 15, 2023 AT 11:00 A.M.

MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

No bidder may withdraw his/her bid for a period of ninety (90) days after the date set for the opening thereof.

Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders. #10..
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5 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Nathan Houx, PPD Manager, via email at: [email protected]
All contact during the bid process shall be through the above-mentioned city contact. Attempts by the bidder to contact other city representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued July 21, 2023
Written Questions Due August 3, 2023
Addendum Issued (if required) August 8, 2023 (approximate date) Bid Opening PRIOR to 11:00 A.M. on Tuesday, August 15, 2023 Bid Award Approximately October 2023
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all 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 an agreement they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

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

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City agreements signed by the City's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions. #10..
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6 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
BID OPENING:

The City of Modesto will be broadcasting bid openings electronically via Microsoft Teams at 11:00 a.m. PT on Tuesday, August 15, 2023. The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, August 15, 2023. The public bid opening for IFB 2324-13, Tree Pruning and Removal Services , will be available using the URL link, video system or via phone provided below. By submitting your bid for the above-stated 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?con text=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Meeting number: 961 656 049#
OR
JOIN BY PHONE:
+1 469-998-7409 United States Toll
Access code: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Nathan Houx, by email at [email protected] or telephone at (209)571-5526.
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7 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

SUBMITTAL CHECKLIST

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

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

The bid forms are broken into sections to allow for a contractor to be considered for either a Small annual contract ($200,000 or less annually) or Large annual contract (more than $500,000 annually). The bid forms are also formatted so that a contractor can bid tree pruning and removal services for either Street Trees (Public Works Department) and/or Parks Trees (Parks, Recreation and Neighborhoods Department (PRND)).

SMALL ANNUAL CONRACT BID SHALL INCLUDE: Page No.
 Bid Acknowledgement (Signature Form)........................................................................ 8  Pricing Schedule (Signature Form).............................................................................9-10  Bid Form......................................................................................................................11-15  Exceptions, Clarifications, Amendments (if applicable)................................................. 21  References....................................................................................................................22-23  Financial Interest Disclosure (Signature Form) .......................................................24-26  Support of Local Vendors (if applicable)......................................................................... 27  Company History Statement ........................................................................................... 28  Addenda Acknowledgement Page (if applicable) ........................................................... 29 LARGE ANNUAL CONRACT BID SHALL INCLUDE: Page No.
 Bid Acknowledgement (Signature Form)........................................................................ 8  Pricing Schedule (Signature Form).............................................................................9-10  Bid Form......................................................................................................................16-20  Exceptions, Clarifications, Amendments (if applicable)................................................. 21  References....................................................................................................................22-23  Financial Interest Disclosure (Signature Form) .......................................................24-26  Support of Local Vendors (if applicable)......................................................................... 27  Company History Statement ........................................................................................... 28  Addenda Acknowledgement Page (if applicable) ........................................................... 29 #10..
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8 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

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

Obligations assumed by such signature must be fulfilled.

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

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

3. Taxes and Freight Charges: (a) unless otherwise required and specified in the 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 Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the bidder or the 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 at any time within thirty (30) days of opening, unless otherwise specified in the IFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

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

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

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

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

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

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

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

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

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
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9 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

PRICING SCHEDULE
All labor, equipment, fuel, tools, licenses and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 21.

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

ESTIMATED QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner. ** The bid forms are broken into sections to allow for a contractor to be considered for either a small annual contract or large annual contract. Contractors should fill out the corresponding sections depending on what scope of work they would like to be considered for. The City reserves the right to award individual sections to different contractors or to award the full scope of work to one contractor. Award of contract will be based on the lowest price for the type/estimated quantity of services being bid.

Following is a summary of each Section of the bid:

SMALL ANNUAL CONTRACTS ($200,000 or Less Annually)
Contractors that want to be considered for a small annual contract should complete Section 1 and/or 2 Bid Forms.

SECTION 1 – PUBLIC WORKS – CITY STREET TREES – SMALL CONTRACT BID FORM SECTION 2 – PRND – PARK TREES – SMALL CONTRACT BID FORM LARGE ANNUAL CONTRACTS (More than $500,000 Annually)
Contractors that want to be considered for a large annual contract should complete Section 3 and/or 4 Bid Forms.

SECTION 3 – PUBLIC WORKS – CITY STREET TREES – LARGE CONTRACT BID FORM SECTION 4 – PRND – PARK TREES – LARGE CONTRACT BID FORM #10..
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10 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

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

THE PAYMENT OF PREVAILING WAGES IS REQUIRED FOR ALL SERVICES.

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

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

Company Name (Bidder):

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

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:
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11 SECTION 1 BID FORM

SMALL ANNUAL CONTRACT BID FORM
For
PUBLIC WORKS – CITY STREET TREES
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12 SECTION 1
PUBLIC WORKS – CITY STREET TREES - SMALL ANNUAL CONTRACT BID FORM If the contractor wants to be considered for a small annual contract, this page should be used as the bid form for City Street Tree Pruning.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Program Pruning for City Street Trees – Small Contract
101 Program Pruning – up to 6” d.b.h. 20 EACH $________ $________________ 102 Program Pruning – 7” – 12” d.b.h. 165 EACH $________ $________________ 103 Program Pruning – 13” – 24” d.b.h. 210 EACH $________ $________________ 104 Program Pruning – 25” – 36” d.b.h. 165 EACH $________ $________________ 105 Program Pruning – 37” – 48” d.b.h. 100 EACH $________ $________________ 106 Program Pruning – 49”+ d.b.h. 15 EACH $________ $________________ Subtotal $________________
Tree Removal for City Street Trees – Small Contract
107 Tree Removal – up to 6” d.b.h. 2 EACH $________ $________________ 108 Tree Removal – 7” – 12” d.b.h. 2 EACH $________ $________________ 109 Tree Removal – 13” – 24” d.b.h. 5 EACH $________ $________________ 110 Tree Removal – 25” – 36” d.b.h. 5 EACH $________ $________________ 111 Tree Removal – 37” – 48” d.b.h. 2 EACH $________ $________________ 112 Tree Removal – 49”+ d.b.h. 2 EACH $________ $________________ Subtotal $________________
Stump Grinding for City Street Trees – Small Contract
113 Stump Grinding – up to 6” d.b.h. 2 EACH $________ $________________ 114 Stump Grinding – 7” – 12” d.b.h. 2 EACH $________ $________________ 115 Stump Grinding – 13” – 24” d.b.h. 5 EACH $________ $________________ 116 Stump Grinding – 25” – 36” d.b.h. 5 EACH $________ $________________ 117 Stump Grinding – 37” – 48” d.b.h. 5 EACH $________ $________________ 118 Stump Grinding – 49”+ d.b.h. 2 EACH $________ $________________ Subtotal $________________
Total Section 1 $________________
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13 SECTION 2 BID FORM

SMALL ANNUAL CONTRACT BID FORM
For

PRND - PARKS TREES
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14 SECTION 2
PRND – PARKS TREES - SMALL ANNUAL CONTRACT BID FORM
If the contractor wants to be considered for a small annual contract, this page should be used as the bid form for City Parks Tree Pruning and Removal.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Demand Pruning for Parks Trees – Small Contract
201 Demand Pruning – up to 6” d.b.h. 1 EACH $________ $________________ 202 Demand Pruning – 7” – 12” d.b.h. 1 EACH $________ $________________ 203 Demand Pruning – 13” – 24” d.b.h. 5 EACH $________ $________________ 204 Demand Pruning – 25” – 36” d.b.h. 5 EACH $________ $________________ 205 Demand Pruning – 37” – 48” d.b.h. 1 EACH $________ $________________ 206 Demand Pruning – 49”+ d.b.h. 1 EACH $________ $________________ Subtotal $________________
Program Pruning for Parks Trees – Small Contract
207 Program Pruning – up to 6” d.b.h. 25 EACH $________ $________________ 208 Program Pruning – 7” – 12” d.b.h. 50 EACH $________ $________________ 209 Program Pruning – 13” – 24” d.b.h. 140 EACH $________ $________________ 210 Program Pruning – 25” – 36” d.b.h. 140 EACH $________ $________________ 211 Program Pruning – 37” – 48” d.b.h. 80 EACH $________ $________________ 212 Program Pruning – 49”+ d.b.h. 25 EACH $________ $________________ Subtotal $________________
Tree Removal for Parks Trees – Small Contract
213 Tree Removal – up to 6” d.b.h. 2 EACH $________ $________________ 214 Tree Removal – 7” – 12” d.b.h. 2 EACH $________ $________________ 215 Tree Removal – 13” – 24” d.b.h. 5 EACH $________ $________________ 216 Tree Removal – 25” – 36” d.b.h. 5 EACH $________ $________________ 217 Tree Removal – 37” – 48” d.b.h. 2 EACH $________ $________________ 218 Tree Removal – 49”+ d.b.h. 2 EACH $________ $________________ Subtotal $________________
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15 SECTION 2 (CONTINUED)
PRND – PARKS TREES – SMALL ANNUAL CONTRACT BID FORM

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF
ISSUE UNIT PRICE Payment of Prevailing Wages Required
Stump Grinding for Parks Trees – Small Contract
219 Stump Grinding – up to 6” d.b.h. 2 EACH $________ $________________ 220 Stump Grinding – 7” – 12” d.b.h. 2 EACH $________ $________________ 221 Stump Grinding – 13” – 24” d.b.h. 10 EACH $________ $________________ 222 Stump Grinding – 25” – 36” d.b.h. 10 EACH $________ $________________ 223 Stump Grinding – 37” – 48” d.b.h. 5 EACH $________ $________________ 224 Stump Grinding – 49”+ d.b.h. 2 EACH $________ $________________ Subtotal $________________
Miscellaneous Services for Parks Trees – Small Contract 225 Root Pruning 25 LF $________ $________________
226 Root Barrier Installation 25 LF $________ $________________ 227 Tree Planting – 15 Gallon 25 EACH $________ $________________ Subtotal $________________
Total Section 2 $________________
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16 SECTION 3 BID FORM

LARGE ANNUAL CONTRACT BID FORM
For
PUBLIC WORKS – CITY STREET TREES
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17 SECTION 3
PUBLIC WORKS – CITY STREET TREES - LARGE ANNUAL CONTRACT BID FORM If the contractor wants to be considered for a large annual contract, this page should be used as the bid form for City Street Tree Pruning.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Program Pruning for City Street Trees – Large Contract
301 Program Pruning – up to 6” d.b.h. 75 EACH $________ $________________ 302 Program Pruning – 7” – 12” d.b.h. 725 EACH $________ $________________ 303 Program Pruning – 13” – 24” d.b.h. 875 EACH $________ $________________ 304 Program Pruning – 25” – 36” d.b.h. 725 EACH $________ $________________ 305 Program Pruning – 37” – 48” d.b.h. 400 EACH $________ $________________ 306 Program Pruning – 49”+ d.b.h. 50 EACH $________ $________________ Tree Removal for City Street Trees – Large Contract
307 Tree Removal – up to 6” d.b.h. 5 EACH $________ $________________ 308 Tree Removal – 7” – 12” d.b.h. 15 EACH $________ $________________ 309 Tree Removal – 13” – 24” d.b.h. 30 EACH $________ $________________ 310 Tree Removal – 25” – 36” d.b.h. 30 EACH $________ $________________ 311 Tree Removal – 37” – 48” d.b.h. 15 EACH $________ $________________ 312 Tree Removal – 49”+ d.b.h. 5 EACH $________ $________________ Subtotal $________________
Stump Grinding for City Street Trees – Large Contract
313 Stump Grinding – up to 6” d.b.h. 5 EACH $________ $________________ 314 Stump Grinding – 7” – 12” d.b.h. 15 EACH $________ $________________ 315 Stump Grinding – 13” – 24” d.b.h. 30 EACH $________ $________________ 316 Stump Grinding – 25” – 36” d.b.h. 30 EACH $________ $________________ 317 Stump Grinding – 37” – 48” d.b.h. 15 EACH $________ $________________ 318 Stump Grinding – 49”+ d.b.h. 5 EACH $________ $________________ Subtotal $________________
Total Section 3 $________________
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18 SECTION 4 BID FORM

LARGE ANNUAL CONTRACT BID FORM
For

PRND - PARKS TREES
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19 SECTION 4
PRND – PARKS TREES - LARGE ANNUAL CONTRACT BID FORM
If the contractor wants to be considered for a large annual contract, this page should be used as the bid form for City Parks Tree Pruning and Removal.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Demand Pruning for Parks Trees – Large Contract
401 Demand Pruning – up to 6” d.b.h. 3 EACH $________ $________________ 402 Demand Pruning – 7” – 12” d.b.h. 5 EACH $________ $________________ 403 Demand Pruning – 13” – 24” d.b.h. 10 EACH $________ $________________ 404 Demand Pruning – 25” – 36” d.b.h. 10 EACH $________ $________________ 405 Demand Pruning – 37” – 48” d.b.h. 5 EACH $________ $________________ 406 Demand Pruning – 49”+ d.b.h. 3 EACH $________ $________________ Subtotal $________________
Program Pruning for Parks Trees – Large Contract
407 Program Pruning – up to 6” d.b.h. 100 EACH $________ $________________ 408 Program Pruning – 7” – 12” d.b.h. 200 EACH $________ $________________ 409 Program Pruning – 13” – 24” d.b.h. 550 EACH $________ $________________ 410 Program Pruning – 25” – 36” d.b.h. 550 EACH $________ $________________ 411 Program Pruning – 37” – 48” d.b.h. 300 EACH $________ $________________ 412 Program Pruning – 49”+ d.b.h. 100 EACH $________ $________________ Subtotal $________________
Tree Removal for Parks Trees – Large Contract
413 Tree Removal – up to 6” d.b.h. 5 EACH $________ $________________ 414 Tree Removal – 7” – 12” d.b.h. 10 EACH $________ $________________ 415 Tree Removal – 13” – 24” d.b.h. 20 EACH $________ $________________ 416 Tree Removal – 25” – 36” d.b.h. 20 EACH $________ $________________ 417 Tree Removal – 37” – 48” d.b.h. 10 EACH $________ $________________ 418 Tree Removal – 49”+ d.b.h. 5 EACH $________ $________________ Subtotal $________________
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20 SECTION 4 (CONTINUED)
PRND – PARKS TREES - LARGE ANNUAL CONTRACT BID FORM

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF
ISSUE UNIT PRICE Payment of Prevailing Wages Required
Stump Grinding for Parks Trees – Large Contract
419 Stump Grinding – up to 6” d.b.h. 5 EACH $________ $________________ 420 Stump Grinding – 7” – 12” d.b.h. 10 EACH $________ $________________ 421 Stump Grinding – 13” – 24” d.b.h. 30 EACH $________ $________________ 422 Stump Grinding – 25” – 36” d.b.h. 30 EACH $________ $________________ 423 Stump Grinding – 37” – 48” d.b.h. 15 EACH $________ $________________ 424 Stump Grinding – 49”+ d.b.h. 10 EACH $________ $________________ Subtotal $________________
Miscellaneous Services for Parks Trees – Large Contract 425 Root Pruning 100 LF $________ $________________
426 Root Barrier Installation 100 LF $________ $________________ 427 Tree Planting – 15 Gallon 100 EACH $________ $________________ Subtotal $________________
Total Section 4 $________________
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21 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
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22 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

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

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
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23 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

REFERENCES - CONTINUED
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):
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24 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

FINANCIAL INTEREST DISCLOSURE

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

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

FinDisclosure12-19
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25 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

Tests of Materiality:

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

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

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

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

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

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

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

INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

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

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:
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27 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
Of

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

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

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

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:
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28 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

The company history statement shall be prepared on company letterhead and provided with the bid submittal. #10..
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29 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

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

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

LIST ALL ADDENDA NUMBERS: _____________________________________________________ Company Name (Bidder):
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30 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto, Parks, Recreation and Neighborhoods (PRND) and Public Works Departments are seeking a qualified contractor(s) for the furnishing of Tree Pruning and Removal Services for various locations throughout the City of Modesto on a regular basis throughout the year.

The successful contractor(s) shall submit pricing for tree pruning, tree removal, stump grinding and other services with reasonable access to conduct work. Shall access be determined by the City to be limited in certain locations, alternative accommodations will be provided. Pricing shall include all labor, materials, equipment, tools, fuel, and insurance necessary to do the work listed.

The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for tree pruning, removal and maintenance consistent with acceptable arboricultural and safety practices as established by the most current editions of the American National Standard Institute (ANSI) A300, American National Standard Institute (ANSI) Z133.1, Best Management Practices: Tree Pruning, Edward F. Gilman and Sharon J. Lilly and Arboriculture: Integrated Management of Landscape Trees, Shrubs and Vines, Richard W.

Harris, James R. Clark and Nelda P. Matheny, and Cal/OSHA standards for tree maintenance activities. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor shall furnish tree services by qualified arborists, site managers and tree worker crews to provide tree pruning, removal and maintenance activities that comply with this IFB. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in these documents in a safe, efficient and legal manner.

1.2 GENERAL SPECIFICATIONS:

TREE PRUNING REQUIREMENTS:

All work shall be done per the International Society of Arboriculture (ISA) tree protection and pruning requirements. https://www.isa-arbor.com/ Pruning will include structural pruning, crown raising, mistletoe removal and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.

Pruning objectives include the following:
• Improve structural strength and reduce failure potential • Provide clearance for pedestrians, vehicles, structures and overhead utilities • Improve safety and security for residents and visitors by providing clearance pruning as outline below • Repair structural damage from wind loading
• Improve aesthetic characteristics
• Reduce maintenance costs
• Remove diseased, broken, dying, or dead branches, including the removal of Mistletoe • Prevent or mitigate a pest problem
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31 • Additionally, IN PARKS ONLY, the contractor shall provide crown thinning when necessary to ensure dappled light penetration through the tree canopy.

Clearance pruning shall be defined as to provide the following distances:
• Roadway- not less than 14’ vertically from road surfaces • Sidewalk/Park- not less than 10’ vertically from sidewalk or park surfaces • Building/Park Elements- not less than 8’ from vertical or horizontal surfaces of building/park elements (such as play equipment, restrooms, basketball hoops, baseball backstops, etc) • Lights- not less than 10’ vertically and horizontally from lights. • Utility and telecom drop lines- not less than 2’ or sufficient clearance to prevent service interruption and vascular tree growth onto wires.

Tree pruning consists of reducing the overall foliage and their branches by no more than 30% of the total tree canopy to meet the pruning objectives outlined above. Pruning is to be performed by a method called “drop crotch” pruning which permits the preservation of a natural appearing foliage margin and retains the character of the tree. At no time shall the leader of any tree be pruned or removed. Safety Pruning shall include the removal of all dead branches over 2 inches in diameter, the removal of broken branches and the removal of over-burdened or conflicting branches as deemed necessary by the City’s Representative.

Cutting tools and saws shall be kept sharpened to a condition that will permit leaving an unabraised cambium edge on final cuts and bark tracings and shall be regularly cleaned to discourage the spread of disease from tree to tree.

Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor during trimming operations shall be reported to the City’s designated representative for determination of action as soon as it is discovered. When working on a tree, the Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and for the removal of sucker growth from tree trunks.

Limbs one inch (1”) in diameter or greater shall be removed with a series of three (compound) cuts. Make the first cut on the underside of the branch one foot (1’) to two feet (2’) from the branch junction. The undercut should be at least one-third (⅓) of the diameter. Make the second cut one inch (1”) to three inches (3”) further from the branch junction than the first. Make the final cut just outside the branch collar in a manner that will stimulate rapid callus growth that will cover the wound.

Removal of branches three and one-half inches (3.5”) or larger in diameter, unless dead, broken or cracked, require prior approval by the City Representative and once cut, shall be lowered by proper ropes to the ground.

Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City Representative. All debris resulting from tree pruning operations shall be removed from the work site daily.

All visible mistletoe plants of two leaves or more shall be abated from all species in which it is found utilizing specified acceptable arboricultural and safety practices. The following City of Modesto abatement methods shall be employed in relationship to species and branch size; Ash- limbs with a diameter greater than two inches (2”) shall have the cambium removed at least 2” from the root (haustorium) of the mistletoe; All other species – limbs with a diameter greater than two inches (2”) shall have the mistletoe cut off flush with the outer bark with no injury to the bark. Wounding of trees during the abatement process that is unreasonable is prohibited. Such actions will result in the Contractor(s) making monetary restitution to the City for damages. Upon inspection of #10..
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32 completed mistletoe abatement work, the contractor(s), at no additional cost to the City, shall abate any plants found in trees that exceed the abatement specifications.

Contractor shall include the cost of mobilization, tree pruning, wood debris chipping, cleanup, organic waste removal and disposal, access control, mistletoe abatement, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices for Tree Pruning and will be paid per tree pruned at the unit prices bid. Contractor shall be paid the unit price based on the diameter at breast height (d.b.h.) of the tree.

In the case of a multi-trunk specimen the communitive diameter of all trunks at d.b.h. should be used.

A. Demand Pruning: Demand Pruning consists of pruning less than five (5) trees located in close proximity, at the same address or at nearby street addresses. Full compensation for conforming to the requirements of this IFB shall be considered as included in Demand Pruning and no separate payment may be made thereof.

B. Program Pruning: Program Pruning consists of pruning five (5) or more trees located in close proximity, at the same address or at nearby street addresses. The term is used to reflect an economy of scale when pruning Trees in one location and shall be reflective with bid pricing reduced from the Demand Pruning bid price. Full compensation for conforming to the requirements of this IFB shall be considered as included in Program Pruning and no separate payment may be made thereof.

TREE/STUMP REMOVAL REQUIREMENTS:

Locations of trees or vegetation to remain shall be marked on-site or identified in writing by City Representative.

C. Tree Removal: Contractor to completely remove and legally dispose of trees off-site and shall be paid the unit price based on the diameter at breast height (d.b.h.) of the tree. In the case of a multitrunk specimen the communitive diameter of all trunks at d.b.h. should be used. The Contractor shall cut tree stumps within 6” of finished grade, unless otherwise directed. Full compensation for price to be paid per each tree removed. Contractor shall include the cost of mobilization, tree removal, wood debris chipping, cleanup, organic waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices.

D. Tree Stump Grinding: The Contractor shall grind an existing tree stump measured at 6” above the existing grade to a minimum 12” below grade for stumps up to 24” in diameter and a minimum 24” below grade for stumps greater than 24” in diameter. The Contractor shall backfill with soil or chipping materials to completely fill the void and make flush with surrounding grade. Stump shall be ground to below grade, and work shall include site material clean-up and debris haul-off. Prior to stump grinding, contractor shall call for a USA alert to ensure all underground utilities are identified and avoided during the process of completing the stump grinding. Full compensation for price to be paid per each stump ground based on the diameter at breast height (d.b.h.) of the tree. Contractor shall include the cost of mobilization, stump grinding, wood debris chipping, cleanup, organic waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices.

MISCELLANEOUS SERVICES:

E. Root Pruning: The Contractor to complete root pruning as requested by the City. The City shall mark the location of the required root pruning. The Contractor shall dig to locate the roots, prune the roots #10..
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33 and backfill the area. Finally, contractor shall clean up and property disposal of all debris created during the root pruning, immediately following the completion of work. Prior to root pruning, contractor shall call for an Underground Service Alert (USA) alert to ensure all underground utilities are identified and avoided during the process of completing the root pruning. Full compensation for price to be paid per each lineal foot of root pruning. Contractor shall include the cost of mobilization, digging, root pruning, cleanup, organic waste removal and disposal, access control, backfilling, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price.

F. Root Barrier Installation: Tree root barriers shall be manufactured of extruded recycled polyethylene.

Panels shall measure twenty-four inches (24”) in width by twenty-four inches (24”) in depth, with a mean thickness of 0.08 inch. Each panel shall have not less than four (4) raised ribs protruding half an inch (1/2”) from the face of the panel and running from top to bottom thereof. Each panel shall have an integral male/female sliding lock, the male down the length of one side and the female down the length of the other side.

Root barriers shall be placed at the edge of hardscape and shall consist of the number of panels necessary to install root barrier as directed by City Representative. The City shall mark the location of the required root barrier. The Contractor shall trench the location of the root barrier, install the root barrier and backfill behind the root barrier. Finally, contractor shall clean up and property disposal of all debris created during the root barrier installation, immediately following the installation of the barrier.

Prior to root barrier installation, contractor shall call for a USA alert to ensure all underground utilities are identified and avoided during the process of completing the root barrier installation. Full compensation for price to be paid per each lineal foot of root barrier installation. Contractor shall include the cost of mobilization, digging, root barrier installation, cleanup, waste removal and disposal, access control, backfilling, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price.

G. Tree Planting – 15 Gallon: The Contractor shall provide and install a 15-gallon tree of a variety selected by the City per City Standard Detail #1200 and as outline below. Install healthy, shapely, and well rooted trees. Trees shall be undamaged, vigorous and of normal habit of growth and shall be free of wilted leaves, girdling roots, sunscald, abrasions, disease, insects, insect eggs and larvae. Trees shall equal or exceed the standards as outlined by the American Standards for Nursery Stock and to applicable California Agricultural Codes. All trees shall be delivered bearing nursery label with botanical, common names, including cultivars in accordance with the standard practice recommended by the American Association of Nurserymen. Select straight trunks (minimum 1” Caliper measured at 6” from tree base) with the leader intact, undamaged, and uncut with all old abrasions and cuts completely callused over. Do not prune trees prior to delivery.

All nursery stock shall be approved by the City Representative, prior to planting and shall meet the California ReLeaf Guideline Specifications for Nursery Tree Quality. Tree Planting shall be performed in accordance with the ISA Best Management Practices Tree Planting, second edition.

Excavate tree planting pit to twice the width of the root ball and 8” deeper than the can. Test drainage of tree pit by filling with at least 6” of water. The retention of water in the tree pit for more than two (2) hours shall be brought to the attention of the City Representative, with proposals for correction before the planting proceeds. If rock, underground construction work, tree roots, poor drainage, or other obstructions are encountered in the excavation of plant pits, alternate locations may be selected by City. #10..
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34 Break and loosen the sides and bottom of the pit to ensure root penetration and water test hole for drainage as required above. Backfill native soil free of soil amendments under rootball to the depth as indicated and foot tamp to prevent settlement. Trees shall be removed from their containers only at the time of placement within the prepared plant pit. Perform root pruning on all four sides of the root ball by shaving and cutting away the root ball periphery to reduce the amount of circling roots. Starting from the top and then cutting/slicing down to the bottom of the root ball. On a 15-gallon plant at least 1-1.5 inches of the root ball periphery needs to be removed by slicing or shaving. A sharp hand pruning saw needs to be used for the slicing or shaving of the root ball. This process will remove many girdling and circling roots deflected by the container wall and allows for root penetration within the planting basin.

Spread all roots to the side to allow proper root development.

After placement of tree in prepared planting pit, backfill remainder of planting pit with specified planting mix including 1/4 organic amendment and 3/4 native soil, free from rocks, clods or lumpy material, and place three (3) plant fertilizer packets 3 inches below surface of rootball and 1/2-inch from roots.

Set tree in planting pit with top of the rootball 2” above finished grade. Trees shall be set true and plumb with the top of the plant ball, as grown in the nursery can container. The Contractor shall be responsible for any settling and shall raise and replant any tree whose crown settles below the finish grade.

After initial backfill work is completed, soak soil thoroughly with use of water hose and pipe section until soil around tree is saturated to the full depth of the hole, leaving no air pockets in the soil. Add additional planting mix as needed, continue to saturate the soil until all soil is wetted and there are no air pockets in the planting pit.

Remove any soil from top of plant rootballs and secure City's approval of rootball height prior to installing the tree stakes and ties.

Where mowing will occur, provide an eight-foot (8’) minimum horizontal radius clearance between trees and other site improvements, including other shrubs plantings. Stake tree plantings with two (2) lodgepole pine stakes and two (2) tree ties. Drive stake until solid and remove excess stake protruding above the top of the tree tie to prevent rubbing against branches.

All trees shall be supported at time of planting with:
• Tree Stakes: Shall be round, treated lodgepole pine wood stakes, made from the entire bole of the tree. They shall be at least two-inch (2") in diameter, conically pointed at one (1) end, ten foot (10’) long tapered point and chamfered at the other end. • Tree Ties: Rubber strap, 24-inch minimum length without sharp edges adjacent to trunk, V.I.T. cinch-tie, Dublin, CA, (818) 882-9530, or approved equal.

The Contractor shall include tree planting, stakes, ties and labor to complete the tree installation.

Contractor shall clean up the tree planting location, immediately following the installation of the tree.

Full compensation for price to be paid per each tree installed. Contractor shall include the cost of mobilization, digging, tree purchase and delivery, tree installation, soil preparation, tree fertilization, backfilling, tree watering, tree staking and tying, cleanup, waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price. #10..
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35 1.3 CONTRACTOR RESPONSIBILITIES:

A. Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work.

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

B. Project Delays: Suspension of work for any cause whatsoever shall not relieve the Contractor of their responsibility for the work or parts and materials as specified on the work request. The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship.

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

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

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

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

G. Damages Resulting from Work Activity: The Contractor shall be responsible for any damage their activities cause to adjacent public or private property. The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the tree pruning/removal activities. Contractor shall repair any landscape, soft-scape or hard-scape area damaged during the course of the tree pruning/removal work.

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

H. Equipment: Contractor must be experienced and certified to either own or have immediate access to equipment necessary to complete all of tree pruning/removal duties indicated.

I. Green and Organic Waste Disposal:

1. Per the State of California regulations SB1383 (https://www.calrecycle.ca.gov/climate/slcp) and AB901 (https://www.calrecycle.ca.gov/laws/rulemaking/archive/2019/ab901reporting) cities and #10..
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36 businesses must comply with mandated organic recycling and material reporting (tonnages) requirements which establish methane emissions reduction targets both locally and statewide. To achieve those reduction targets, organics (yard waste, grass, leaves, brush, leaves, trees and tree trimmings, etc., paper waste and food scraps) must be diverted out of landfills into permitted recycling facilities. In compliance to the regulatory requirements, cities must ensure that all garbage, recycling, landfills and transfer facilities, landscape companies, material haulers, etc. are bound to the law and transfer the organic materials collected within the City of Modesto to a permitted recycling facility.

2. The Contractor shall have the option of disposing of all green waste and organic matter collected as part of this Tree Pruning and Removal Services Agreement to the City of Modesto Compost Facility located at 7001 Jennings Road, Modesto, CA 95358; contact telephone number (209) 571-5144. Should this option be chosen, the City will receive the organic materials (scale in and weigh) and report the collection tonnages to the City’s Solid Waste administrative offices and to Cal-Recycle on a quarterly and annual basis. The Contractor shall provide a record of material reporting to the City on a monthly basis.

3. The Contractor may also other methods of green waste disposal as long as it is transferred to a permitted recycling facility.

4. Whatever method the Contractor choses to dispose of green waste, the cost of all disposal shall be covered by the Contractor and included in the various unit prices on the bid form(s).

J. The Contractor shall respect the rights of property owners and not enter private property without first obtaining permission from the property owner. Some trees will be located in easements that may be difficult to access and will require the Contractor to enter private property.

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

L. Access Control: The Contractor shall provide and place barricades and/or safety ribbon as necessary to restrict access to the work areas. A work zone shall be established and maintained for each tree trimming or other operation. The Contractor shall use all appropriate methods used in the field of tree trimming and tree maintenance for establishing and maintaining such work zone. No person other than members of the Contractor’s work crew may be allowed to enter such work zone. If any person enters such work zone, the Contractor shall immediately cease all work and operation of all equipment until the work zone is clear. The Contractor shall be responsible for maintaining access control of the work areas from the time work starts until the time the work site is returned to its pre-project condition, including cleanup.

M. Additional and Emergency Protection: Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work area, the City Representative may require immediate action taken and the placement of additional protections.

N. Access and Storage: Prior to commencement of work, the Contractor shall confer with the City for the purposes of determining the exact scope of work. At no time shall materials, soil or equipment be stored #10..
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37 or placed within the "dripline" of existing trees to be preserved. At no time shall vehicles be parked within the “dripline” of an existing tree to be preserved.

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

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

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

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

CHARACTER OF WORKERS:

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

LABOR FORCE AND SUPERVISION:

The City requires tree pruning work to be overseen by an ISA Certified Tree Worker / Certified Arborist. The Contractor shall provide sufficient labor at all times to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The Contractor shall ensure that supervision is provided at all times while any work under this agreement is being performed. If, in the judgment of the City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the agreement.

DELAYS BY THE CITY:

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

1.7 CITY RESPONSIBILITIES:

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

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

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

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

1.9 WORK SCHEDULE:

Services shall be performed Monday through Friday, between the hours from 7:00 A.M. to 5:00 P.M., excluding all major holidays. The Contractor may request alternative working days in writing for City review and consideration of acceptance, such as weekends. Service work outside of normal business hours is not required.

Unless accepted by the City in writing prior to conducting work, no additional pay will be provided for alternative working days. The City shall provide a minimum three (3) business days notice of any service work to be completed by the Contractor. Once service work is requested by the City, the Contractor shall acknowledge the City’s request within three (3) business days and provide an agreeable service work timeline within seven (7) business days. Service work requested to be completed within an agreed time between the City and Contractor prior to start of work.

No Tree Pruning/Removal shall be performed until the City has provided a written “Notice to Proceed” to the Contractor for each on-call service task requested by the City.

1.10 CITY REPRESENTATIVE:

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

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

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

1.12 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.
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39 If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California Contractor's license(s) at the time the bid is submitted. An agreement shall not be awarded to a bidder that does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this Invitation, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California.

1.13 INSURANCE:

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

A. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage and $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to:
premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations.

B. Automobile Liability – insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.

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

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

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

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

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance #10..
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40 maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

CONTRACTOR shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or agreement.

INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:

Bidders should submit two (2) “inked” (preferably blue ink) signed original bid document, plus two (2) copies of the signed original bid document, and one (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.

FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

It is the responsibility of the bidders to identify information in their bid responses that they consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All costs associated with the preparation of this bid shall be borne by the bidder.

All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the bid as nonresponsive.

Please review the Sample Annual Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes.

Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

An agreement shall be awarded to the bidder(s) whose bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

2.1.2 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:
• Bid Acknowledgement (Signature Form)
• Pricing Schedule (Signature Form)
• Bid Form
#10..
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41 • Exceptions, Clarifications, Amendments (if applicable) • References
• Financial Interest Disclosure Form (Signature Form)
• Support of Local Vendors (if applicable)
• Company History Statement
• Addenda Acknowledgement Page (if applicable)
Failure to furnish any of these documents may result in disqualification.

2.1.3 BID PRESENTATION:

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

2.2 COMPLIANCE:

Bidders are required to sign the “Pricing Schedule, Bid Acknowledgement and Financial Interest Disclosure Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2324-13, and any addendum to such bid. Failure to comply may result in disqualification.

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

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

2.3 NON-COMPLIANCE:

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

2.4 PREVAILING WAGES:

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

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

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

2.5 PRICING FORMAT:

All labor, equipment, fuel, tools, licenses and insurance necessary to perform the required services shall be included in bid pricing.

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

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

2.6 PRICING SCHEDULE:

Bidders shall use the pricing schedule(s) provided in this document to present bid pricing. No other form(s) or format shall be accepted. Bid must be submitted on the Pricing Schedule(s) provided. No alterations should be #10..
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42 made to the pricing schedule(s). Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 20.

2.7 AWARD OF BID:

Award shall be based on providing the lowest responsive and responsible bid(s) meeting the IFB specifications.

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

The City reserves the right to decline to award an agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California.

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

2.8 INSPECTION AND ACCEPTANCE:

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

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

2.9 SUPPORT OF LOCAL VENDORS:

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

2.10 TERM OF AGREEMENT:

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

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

B. Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one (1) agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by The Contractor(s) #10..
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43 in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

2.11 TERMINATION OF SERVICES:

The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.

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

The City may terminate the agreement at any time with or without cause.

2.12 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.13 FUNDING:

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

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

2.15 NON-DISCRIMINATION:

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

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

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

D. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but #10..
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44 in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

2.16 NON-DISCRIMINATION OF THE HANDICAPPED:

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

2.17 DRUG FREE WORKPLACE:

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

2.18 INDEMNITY:

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

2.19 ASSIGNMENT OF RIGHTS:

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

2.20 CITY PROCESS/PROCEDURE APPROVALS:

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

2.21 BIDDER/SELLER REPRESENTATION:

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

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

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

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

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

2.22 FAILURE TO PERFORM SATISFACTORY:

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

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

2.24 PROTEST AND APPEAL PROCEDURES:

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

DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Clerk’s office of the City of Modesto. "Interested Party" means an actual or prospective bidder or offeror, or any contractor or subcontractor identified by name in any bid or proposal.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
#10..
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46 "Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest.

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

A. PROTEST PROCEDURES

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

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

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Invitation for Bid (IFB)/Invitation for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

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

City Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later #10..
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47 than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.

2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision.

The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written record of the protest review by the Purchasing Manager.

A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

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

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

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

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

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

All protests shall either be delivered to:

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

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

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.

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

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14. #10..
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49 2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.

2.25 PAYMENT:
• Paper Payment Method:

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

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

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

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

2.26 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This Agreement may be modified and subject to change. #10..
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50 SAMPLE ANNUAL AGREEMENT
This 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 Contractor, hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-xx authorizing the award of bid and agreement for the TREE PRUNING AND REMOVAL SERVICES, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the TREE PRUNING AND REMOVAL SERVICES as described in IFB 2324-13, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following agreement rates, not to exceed $_________________ annually.
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51 AGREEMENT PRICING

ITEM DESCRIPTION UNIT OF
ISSUE
Payment of Prevailing Wages
Required

UNIT PRICE

TO BE COMPLETED AFTER BID

SUMITTAL

2. PREVAILING WAGES:

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

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

City Representative is: Nathan Houx, Parks Planning and Development Manager (209) 571-5526 Purchasing Contact: ____________________ __________________________ The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

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

Year 1: 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 (2) years of the agreement.

Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated #10..
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52 through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage and a $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR’S and subcontractors; products and completed operations.
b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

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

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
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53 The CONTRACTOR’S insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.

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

6. PAYMENT:

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

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

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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54 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. ARBITRATION:

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

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

11. TERMINATION OF SERVICES:

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

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; #10..
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56 d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

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

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

12. COMPLIANCE WITH ALL LAWS:

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

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Exhibit “A” Resolution No. 2023-_______;
b. Exhibit “B” Bid Submittal;
c. Exhibit “C” IFB
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR: __________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
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58 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR (IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

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

20. ENTIRE AGREEMENT:

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

21. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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59 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.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________ By: _________________________________ DIANE NAYARES-PEREZ (Signature)
City Clerk
By: _________________________________
(SEAL) (Name & Title)
Date: _______________________________
APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOSEPH F. RODRIQUEZ,
Risk Manager
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1 ANNUAL AGREEMENT
RUMBLE TREE, INC.

FOR TREE PRUNING AND REMOVAL SERVICES
This 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 Rumble Tree, Inc., hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-___ authorizing the award of bid and agreement for the TREE PRUNING AND REMOVAL SERVICES, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the TREE PRUNING AND REMOVAL SERVICES as described in IFB 2324-13, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
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2 AGREEMENT PRICING

ITEM DESCRIPTION
UNIT
OF
ISSUE
Payment of
Prevailing Wages
Required

UNIT PRICE
1 Tree Removal – up to 6” d.b.h. EACH $75.00
2 Tree Removal –7”- 12” d.b.h. EACH $250.00
3 Tree Removal –13”- 24” d.b.h. EACH $600.00
4 Tree Removal –25”- 36” d.b.h. EACH $1,500.00
5 Tree Removal –37”- 48” d.b.h. EACH $2,500.00
6 Tree Removal - 49”+ d.b.h. EACH $3,200.00
7 Stump Grinding – up to 6” d.b.h. EACH $50.00
8 Stump Grinding –7”- 12” d.b.h. EACH $75.00
9 Stump Grinding –13”- 24” d.b.h. EACH $140.00
10 Stump Grinding –25”- 36” d.b.h. EACH $260.00
11 Stump Grinding –37”- 48” d.b.h. EACH $380.00
12 Stump Grinding - 49”+ d.b.h. EACH $500.00

2. PREVAILING WAGES:

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

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

City Representative: Bill Sandhu, Public Works Director (209) 341-2934 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. f. CONTRACTOR shall furnish said services at the following agreement rates, estimated amount of $520,000 for the first year and then $200,000 annually in future years and a total amount not to exceed $1,320,000 over five (5) years.
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3 4. TERM OF AGREEMENT:

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

Year 1: October 16, 2023 through October 15, 2024
Year 2: October 16, 2024 through October 15, 2025
Year 3: October 16, 2025 through October 15, 2026
Year 4: October 16, 2026 through October 15, 2027
Year 5: October 16, 2027 through October 15, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

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

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage and a $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR’S and subcontractors; products and completed operations.
b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. #10..
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4 If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

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

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

6. PAYMENT:

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

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

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. ARBITRATION:

Any dispute or claim arising or related to this agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto #10..
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6 California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

11. TERMINATION OF SERVICES:

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

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

The CITY shall provide no lessthan ten (10) calendar day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.
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7 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after #10..
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8 termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subcontractor agreements or contracts for materials; b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

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

12. COMPLIANCE WITH ALL LAWS:

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

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Exhibit “A” Resolution No. 2023-_______;
b. Exhibit “B” Bid Submittal;
c. Exhibit “C” IFB 2324-13
d. Insurance Certificates,
e. Business License
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called #10..
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9 for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR: Charles D. Rumble
President
1320 Amy Avenue
Modesto, CA 95357
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.

15. SIGNATOR (IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

Time is of the essence in every provision of this agreement. #10..
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10 20. ENTIRE AGREEMENT:

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

21. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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11 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. #10..
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12 Exhibit A
Resolution 2023-_____
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13 Exhibit B
Rumble Tree Bid
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14 Exhibit C
IFB 2324-13
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1 CITY OF MODESTO
INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13
FOR

TREE PRUNING AND REMOVAL SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: AUGUST 15, 2023 at 11:00 A.M.

CITY OF MODESTO CONTACT: Nathan Houx, PPD Manager
E-MAIL ADDRESS: [email protected]
PHONE: (209) 571-5526
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2 CITY OF MODESTO
INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TABLE OF CONTENTS
Page
. Notice to Bidders................................................................................................................4 . City Contacts.......................................................................................................................5 . Calendar of Events..............................................................................................................5 . California Labor Code ........................................................................................................5 . Offer and Acceptance .........................................................................................................5 . Bid Opening........................................................................................................................6 . Submittal Checklist.............................................................................................................7 FORMS
. Bid Acknowledgement (Signature Form)........................................................................8 . Pricing Schedule (Signature Form)............................................................................ 9-10 . Bid Forms.................................................................................................................... 11-20 . Exceptions, Clarifications, Amendments (if applicable)..................................................21 . References................................................................................................................... 22-23 . Financial Interest Disclosure (Signature Form) ...................................................... 24-26 . Support of Local Vendors (if applicable).........................................................................27 . Company History Statement ............................................................................................28 . Addenda Acknowledgement Page (if applicable) ...........................................................29

TECHNICAL REQUIREMENTS
. Scope of Work ..................................................................................................................30 . General Specifications................................................................................................ 30-34 . Contractor Responsibilities......................................................................................... 34-37 . City Responsibilities.........................................................................................................37 . Reports........................................................................................................................ 37-38 . Work Schedule..................................................................................................................38 . City Representative...........................................................................................................38 . California Labor Code Section 1771.1(a).........................................................................38 . Required Licenses.............................................................................................................38 . Insurance ...........................................................................................................................39

GENERAL REQUIREMENTS
. Bid Submittal ....................................................................................................................40 . Acceptance/Rejection of Irregular Bids ...........................................................................40 . Complete Bid Document ..................................................................................................40 . Bid Presentation................................................................................................................41 . Compliance/Non-Compliance ..........................................................................................41 . Prevailing Wages..............................................................................................................41 . Pricing Format...................................................................................................................41 . Pricing Schedule ...............................................................................................................41 . Award of Bid.....................................................................................................................42 . Inspection and Acceptance ...............................................................................................42 . Support of Local Vendors.................................................................................................42 . Term of Agreement...........................................................................................................42 . Termination of Services....................................................................................................43 #10..
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3 . Quantities..........................................................................................................................43 . Funding .............................................................................................................................43 . Other Government/Publicly Funded Agencies.................................................................43 . Non-Discrimination ..........................................................................................................43 . Non-Discrimination of the Handicapped..........................................................................44 . Drug Free Workplace........................................................................................................44 . Indemnity ..........................................................................................................................44 . Assignment of Rights........................................................................................................44 . City Process/Procedure Approvals...................................................................................44 . Bidder/Seller Representation...................................................................................... 44-45 . Failure to Perform Satisfactory.........................................................................................45 . Contractor’s Responsibility for Damages.........................................................................45 . Protest and Appeal Procedures................................................................................... 45-49 . Payment.............................................................................................................................49 . Sample Annual Agreement ........................................................................................ 49-59 #10..
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4 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the furnishing of Tree Pruning and Removal Services for the City of Modesto, Parks, Recreation and Neighborhoods (PRND) and Public Works Departments.

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

Each bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, August 15, 2023 at 11:00 A.M., at which time bids will be opened, read and recorded.

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

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

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

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

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

NAME AND ADDRESS OF BIDDER
BID NUMBER 2324-13

TREE PRUNING AND REMOVAL SERVICES
BID OPENING DATE: AUGUST 15, 2023 AT 11:00 A.M.

MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

No bidder may withdraw his/her bid for a period of ninety (90) days after the date set for the opening thereof.

Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders. #10..
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5 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Nathan Houx, PPD Manager, via email at: [email protected]
All contact during the bid process shall be through the above-mentioned city contact. Attempts by the bidder to contact other city representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued July 21, 2023
Written Questions Due August 3, 2023
Addendum Issued (if required) August 8, 2023 (approximate date) Bid Opening PRIOR to 11:00 A.M. on Tuesday, August 15, 2023 Bid Award Approximately October 2023
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all 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 an agreement they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

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

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City agreements signed by the City's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions. #10..
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6 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
BID OPENING:

The City of Modesto will be broadcasting bid openings electronically via Microsoft Teams at 11:00 a.m. PT on Tuesday, August 15, 2023. The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, August 15, 2023. The public bid opening for IFB 2324-13, Tree Pruning and Removal Services , will be available using the URL link, video system or via phone provided below. By submitting your bid for the above-stated 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?con text=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Meeting number: 961 656 049#
OR
JOIN BY PHONE:
+1 469-998-7409 United States Toll
Access code: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Nathan Houx, by email at [email protected] or telephone at (209)571-5526.
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7 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

SUBMITTAL CHECKLIST

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

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

The bid forms are broken into sections to allow for a contractor to be considered for either a Small annual contract ($200,000 or less annually) or Large annual contract (more than $500,000 annually). The bid forms are also formatted so that a contractor can bid tree pruning and removal services for either Street Trees (Public Works Department) and/or Parks Trees (Parks, Recreation and Neighborhoods Department (PRND)).

SMALL ANNUAL CONRACT BID SHALL INCLUDE: Page No.
 Bid Acknowledgement (Signature Form)........................................................................ 8  Pricing Schedule (Signature Form).............................................................................9-10  Bid Form......................................................................................................................11-15  Exceptions, Clarifications, Amendments (if applicable)................................................. 21  References....................................................................................................................22-23  Financial Interest Disclosure (Signature Form) .......................................................24-26  Support of Local Vendors (if applicable)......................................................................... 27  Company History Statement ........................................................................................... 28  Addenda Acknowledgement Page (if applicable) ........................................................... 29 LARGE ANNUAL CONRACT BID SHALL INCLUDE: Page No.
 Bid Acknowledgement (Signature Form)........................................................................ 8  Pricing Schedule (Signature Form).............................................................................9-10  Bid Form......................................................................................................................16-20  Exceptions, Clarifications, Amendments (if applicable)................................................. 21  References....................................................................................................................22-23  Financial Interest Disclosure (Signature Form) .......................................................24-26  Support of Local Vendors (if applicable)......................................................................... 27  Company History Statement ........................................................................................... 28  Addenda Acknowledgement Page (if applicable) ........................................................... 29 #10..
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8 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

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

Obligations assumed by such signature must be fulfilled.

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