Agenda packet — Modesto City Council, October 10, 2023 (part 3 of 4)

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.

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.
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City Council, October 10, 2023
First Amendment to Concrete Boxes & Covers Agreement

Page 3 of 3 ends

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
COMMITTEE RECOMMENDATION:

This item was presented at the September 25, 2023 Finance Committee and approved to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment to the Purchasing Agreements 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 amount of $1,740,000 and a revised total amount not to exceed $8,700,000 over five years; and authorizing the City Manager or his designee to execute the Amendments.

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

1. Resolution

2. First Amendment - Ferguson Waterworks

3. First Amendment – Iconix Waterworks

4. First Amendment - American AVK

5. Original Agreement 233560 Ferguson Waterworks

6. Original Agreement 233561 Iconix Waterworks

7. Original Agreement 233562 American AVK
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10/10/2023/Finance/DLove/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE FIRST AMENDMENT TO THE

PURCHASING AGREEMENTS WITH FERGUSON WATERWORKS,

MODESTO, CA, ICONIX WATERWORKS, MCCLELLAN, CA, 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 AMOUNT OF $1,740,000 AND A REVISED TOTAL AMOUNT NOT TO EXCEED $8,700,000 OVER FIVE YEARS; AND AUTHORIZING THE

CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AMENDMENTS
WHEREAS, 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; and
WHEREAS, 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 with the estimated annual spending of $765,000 among all three vendors, for a total amount not to exceed $3,825,000 over five years; and WHEREAS, due to market volatility, and supply chain insufficiencies resulting from COVID-19, pricing has fluctuated on certain commodities; and WHEREAS, 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; and WHEREAS, pricing on fire hydrants had remained steady over the course of the previous agreement, but nearly doubled in price on the new agreement; and #9..
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10/10/2023/Finance/DLove/Item X 2 2023-XX
WHEREAS, with the meter installation program coming to a close, staff have been able to focus more on system maintenance which includes strengthen and replace older water mains; during this process existing hydrants are replaced and additional hydrants are installed; and
WHEREAS, when putting numbers together two years ago, staff relied on historical usage and did not account for the increased demand for hydrants which is triggering an overall increase of fire hydrants estimated to cost $245,000 annually; and WHEREAS, registers are an integral part of the Badger meter and are utilized to provide digitally transmitted data of water usage which includes approximately 75,000 meters that are digitally read monthly, with about 1000 re-reads; and WHEREAS, a re-read occurs when the data did not digitally transmit, and generally indicates register failure and staff will then manually read the meter and verify if the register is still active; and
WHEREAS, 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 and updating the lids provides continued support of digital meter reading, thus saving valuable staff time and allowing for seamless customer billing; and
WHEREAS, it is estimated that 10,000 to 12,000 lids would be purchased annually, for an estimated cost of $800,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment to the Purchasing Agreements with Ferguson Waterworks, Modesto, CA, Iconix Waterworks, McClellan, CA, and American #9..
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10/10/2023/Finance/DLove/Item X 3 2023-XX
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 amount of $1,740,000 and a revised total amount not to exceed $8,700,000 over five years.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Amendments, in a form approved by the City Attorney.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 10th day of October 2023, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________
JOSE M. SANCHEZ, City Attorney
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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..
- 418 -
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
#9..
- 419 -
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
#9..
- 420 -
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
#9..
- 421 -
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..
- 422 -
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..
- 423 -
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..
- 424 -
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..
- 425 -

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..
- 426 -

CITY OF MODESTO

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

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

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

CITY OF MODESTO

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

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

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

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

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

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..
- 427 -
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]