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

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 #14..
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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:

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 #14..
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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
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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 #14..
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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) #14..
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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 #14..
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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 #14..
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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. #14..
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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. #14..
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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.
#14..
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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 #14..
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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 #14..
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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
#14..
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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; #14..
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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
#14..
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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
#14..
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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:

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
#14..
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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.
#14..
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2 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.

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:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor #14..
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3 Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: 488389

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.

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 #14..
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4 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 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.

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 #: 256990
• 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.

9. GOVERNING LAW:

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 #14..
- 806 -
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.

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; #14..
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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.

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 #14..
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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:

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:
#14..
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10 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:

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:

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. #14..
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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 #14..
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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 #14..
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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. #14..
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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. #14..
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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 #14..
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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 #14..
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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.

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
#14..
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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 $
#14..
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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):
#14..
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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:
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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:
#14..
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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. #14..
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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 #14..
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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 #14..
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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. #14..
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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. #14..
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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 #14..
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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.

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 #14..
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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.

CHARACTER OF WORKERS:

LABOR FORCE AND SUPERVISION:

DELAYS BY THE CITY:

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:
#14..
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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:

1.9 WORK SCHEDULE:

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:

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.
#14..
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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:

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.

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 #14..
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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.

INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:

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

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

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

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

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
#14..
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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:

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:

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.

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 #14..
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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.

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.

2.9 SUPPORT OF LOCAL VENDORS:

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) #14..
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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 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:

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

2.15 NON-DISCRIMINATION:

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 #14..
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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:

2.17 DRUG FREE WORKPLACE:

2.18 INDEMNITY:

2.19 ASSIGNMENT OF RIGHTS:

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:
#14..
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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.

2.22 FAILURE TO PERFORM SATISFACTORY:

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

2.24 PROTEST AND APPEAL PROCEDURES:

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.
#14..
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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.

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 #14..
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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.

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

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.

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
#14..
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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.

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. #14..
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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:

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. #14..
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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:

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:

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.

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 #14..
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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:

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.
#14..
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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.

6. PAYMENT:

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 #14..
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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.

8. ARBITRATION:

9. GOVERNING LAW:

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
#14..
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55 Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:

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; #14..
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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.

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
#14..
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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:

13. AGREEMENT DOCUMENTS:

14. NOTICES:

CONTRACTOR: __________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
#14..
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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:

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:

21. PARTIAL INVALIDITY:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOSEPH F. RODRIQUEZ,
Risk Manager
#14..
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Tree Pruning and Removal Services - Bid Summary
BID #IFB 2324-13 - August 15, 2023 Bid OpeningSECTION 1 - PW - CITY STREET TREES - SMALL CONTRACT Engineer's Estimate Green Field Tree Service Inc. Greentek Services, LLC Julian Tree Care Inc. West Coast Arborists Inc. Grover Landscape Services Inc. Nate's Tree Service Inc. Rumble Tree Inc.BID ITEM

DESCRIPTION
SMALL

CONTRACT -
QTY

UNIT OF

ISSUE UNIT PRICE
SMALL

CONTRACT

TOTAL PRICE

UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Program Pruning (Street Trees)
101 Up to 6" d.b.h. 20 EA $110.00 $2,200.00 $150.00 $3,000.00 $78.81 $1,576.20 $350.00 $7,000.00 $100.00 $2,000.00 $55.00 $1,100.00 $0.00 $0.00 $70.00 $1,400.00 102 7" - 12" d.b.h. 165 EA $160.00 $26,400.00 $180.00 $29,700.00 $90.07 $14,861.55 $550.00 $90,750.00 $200.00 $33,000.00 $110.00 $18,150.00 $0.00 $0.00 $175.00 $28,875.00103 13" - 24" d.b.h. 210 EA $210.00 $44,100.00 $220.00 $46,200.00 $143.30 $30,093.00 $750.00 $157,500.00 $200.00 $42,000.00 $300.00 $63,000.00 $0.00 $0.00 $300.00 $63,000.00104 25" - 36" d.b.h. 165 EA $260.00 $42,900.00 $500.00 $82,500.00 $175.14 $28,898.10 $1,050.00 $173,250.00 $300.00 $49,500.00 $605.00 $99,825.00 $0.00 $0.00 $500.00 $82,500.00105 37" - 48" d.b.h. 100 EA $335.00 $33,500.00 $750.00 $75,000.00 $350.29 $35,029.00 $1,500.00 $150,000.00 $400.00 $40,000.00 $900.00 $90,000.00 $0.00 $0.00 $1,200.00 $120,000.00106 49"+ d.b.h. 15 EA $350.00 $5,250.00 $850.00 $12,750.00 $450.37 $6,755.55 $3,500.00 $52,500.00 $800.00 $12,000.00 $1,495.00 $22,425.00 $0.00 $0.00 $1,750.00 $26,250.00 Subtotals 675 $154,350.00 $249,150.00 $117,213.40 $631,000.00 $178,500.00 $294,500.00 $0.00 $322,025.00 Tree Removal (Street Trees)
107 Up to 6" d.b.h. 2 EA $150.00 $300.00 $360.00 $720.00 $131.36 $262.72 $500.00 $1,000.00 $100.00 $200.00 $100.00 $200.00 $0.00 $0.00 $75.00 $150.00 108 7" - 12" d.b.h. 2 EA $300.00 $600.00 $450.00 $900.00 $210.17 $420.34 $700.00 $1,400.00 $500.00 $1,000.00 $200.00 $400.00 $0.00 $0.00 $250.00 $500.00109 13" - 24" d.b.h. 5 EA $750.00 $3,750.00 $780.00 $3,900.00 $623.83 $3,119.15 $900.00 $4,500.00 $750.00 $3,750.00 $600.00 $3,000.00 $0.00 $0.00 $600.00 $3,000.00110 25" - 36" d.b.h. 5 EA $1,700.00 $8,500.00 $1,750.00 $8,750.00 $1,039.72 $5,198.60 $1,300.00 $6,500.00 $1,500.00 $7,500.00 $1,525.00 $7,625.00 $0.00 $0.00 $1,500.00 $7,500.00111 37" - 48" d.b.h. 2 EA $2,700.00 $5,400.00 $2,590.00 $5,180.00 $3,119.17 $6,238.34 $2,500.00 $5,000.00 $2,600.00 $5,200.00 $3,540.00 $7,080.00 $0.00 $0.00 $2,500.00 $5,000.00112 49"+ d.b.h. 2 EA $4,000.00 $8,000.00 $3,900.00 $7,800.00 $6,238.34 $12,476.68 $5,000.00 $10,000.00 $4,500.00 $9,000.00 $5,450.00 $10,900.00 $0.00 $0.00 $3,200.00 $6,400.00 Subtotals 18 $26,550.00 $27,250.00 $27,715.83 $28,400.00 $26,650.00 $29,205.00 $0.00 $22,550.00 Stump Grinding (Street Trees)
113 Up to 6" d.b.h. 2 EA $250.00 $500.00 $250.00 $500.00 $446.64 $893.28 $250.00 $500.00 $100.00 $200.00 $135.00 $270.00 $0.00 $0.00 $50.00 $100.00 114 7" - 12" d.b.h. 2 EA $400.00 $800.00 $300.00 $600.00 $446.64 $893.28 $350.00 $700.00 $200.00 $400.00 $225.00 $450.00 $0.00 $0.00 $75.00 $150.00 115 13" - 24" d.b.h. 5 EA $800.00 $4,000.00 $600.00 $3,000.00 $803.95 $4,019.75 $450.00 $2,250.00 $300.00 $1,500.00 $350.00 $1,750.00 $0.00 $0.00 $140.00 $700.00 116 25" - 36" d.b.h. 5 EA $1,000.00 $5,000.00 $1,200.00 $6,000.00 $1,339.91 $6,699.55 $550.00 $2,750.00 $600.00 $3,000.00 $550.00 $2,750.00 $0.00 $0.00 $260.00 $1,300.00 117 37" - 48" d.b.h. 5 EA $1,250.00 $6,250.00 $1,800.00 $9,000.00 $2,009.87 $10,049.35 $600.00 $3,000.00 $900.00 $4,500.00 $810.00 $4,050.00 $0.00 $0.00 $380.00 $1,900.00 118 49"+ d.b.h. 2 EA $1,450.00 $2,900.00 $2,400.00 $4,800.00 $4,019.74 $8,039.48 $700.00 $1,400.00 $900.00 $1,800.00 $945.00 $1,890.00 $0.00 $0.00 $500.00 $1,000.00 Subtotals 21 $19,450.00 $23,900.00 $30,594.69 $10,600.00 $11,400.00 $11,160.00 $0.00 $5,150.00 Total $200,350.00 Total $300,300.00 Total $175,523.92 Total $670,000.00 Total $216,550.00 Total $334,865.00 Total $0.00 Total $349,725.00 #14..
- 897 -
Tree Pruning and Removal Services - Bid Summary
BID #IFB 2324-13 - August 15, 2023 Bid OpeningSECTION 2 - PRND - PARKS TREES - SMALL CONTRACT Engineer's Estimate Green Field Tree Service Inc. Greentek Services, LLC Julian Tree Care Inc. West Coast Arborists Inc. Grover Landscape Services Inc. Nate's Tree Service Inc. Rumble Tree Inc.BID ITEM

DESCRIPTION
SMALL

CONTRACT -
QTY

UNIT OF

ISSUE UNIT PRICE
SMALL

CONTRACT -

TOTAL PRICE

UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Demand Pruning (Parks)
201 Up to 6" d.b.h. 1 EA $150.00 $150.00 $155.00 $155.00 $99.00 $99.00 $350.00 $350.00 $200.00 $200.00 $95.00 $95.00 $0.00 $0.00 $70.00 $70.00 202 7" - 12" d.b.h. 1 EA $280.00 $280.00 $180.00 $180.00 $155.00 $155.00 $550.00 $550.00 $300.00 $300.00 $220.00 $220.00 $0.00 $0.00 $140.00 $140.00 203 13" - 24" d.b.h. 5 EA $480.00 $2,400.00 $250.00 $1,250.00 $220.00 $1,100.00 $750.00 $3,750.00 $450.00 $2,250.00 $350.00 $1,750.00 $0.00 $0.00 $300.00 $1,500.00 204 25" - 36" d.b.h. 5 EA $550.00 $2,750.00 $550.00 $2,750.00 $310.00 $1,550.00 $1,050.00 $5,250.00 $650.00 $3,250.00 $660.00 $3,300.00 $0.00 $0.00 $600.00 $3,000.00 205 37" - 48" d.b.h. 1 EA $950.00 $950.00 $800.00 $800.00 $585.00 $585.00 $1,500.00 $1,500.00 $950.00 $950.00 $1,155.00 $1,155.00 $0.00 $0.00 $1,200.00 $1,200.00206 49"+ d.b.h. 1 EA $1,300.00 $1,300.00 $900.00 $900.00 $1,150.00 $1,150.00 $3,500.00 $3,500.00 $1,400.00 $1,400.00 $1,650.00 $1,650.00 $0.00 $0.00 $1,600.00 $1,600.00 Subtotals 14 $7,830.00 $6,035.00 $4,639.00 $14,900.00 $8,350.00 $8,170.00 $0.00 $7,510.00 Program Pruning (Parks)
207 Up to 6" d.b.h. 25 EA $125.00 $3,125.00 $150.00 $3,750.00 $78.81 $1,970.25 $350.00 $8,750.00 $100.00 $2,500.00 $55.00 $1,375.00 $0.00 $0.00 $70.00 $1,750.00 208 7" - 12" d.b.h. 50 EA $175.00 $8,750.00 $180.00 $9,000.00 $90.07 $4,503.50 $550.00 $27,500.00 $175.00 $8,750.00 $110.00 $5,500.00 $0.00 $0.00 $150.00 $7,500.00209 13" - 24" d.b.h. 140 EA $225.00 $31,500.00 $220.00 $30,800.00 $143.30 $20,062.00 $750.00 $105,000.00 $175.00 $24,500.00 $300.00 $42,000.00 $0.00 $0.00 $300.00 $42,000.00210 25" - 36" d.b.h. 140 EA $275.00 $38,500.00 $400.00 $56,000.00 $175.14 $24,519.60 $1,050.00 $147,000.00 $250.00 $35,000.00 $605.00 $84,700.00 $0.00 $0.00 $500.00 $70,000.00211 37" - 48" d.b.h. 80 EA $350.00 $28,000.00 $700.00 $56,000.00 $350.29 $28,023.20 $1,500.00 $120,000.00 $350.00 $28,000.00 $900.00 $72,000.00 $0.00 $0.00 $1,200.00 $96,000.00212 49"+ d.b.h. 25 EA $400.00 $10,000.00 $850.00 $21,250.00 $450.37 $11,259.25 $3,500.00 $87,500.00 $600.00 $15,000.00 $1,495.00 $37,375.00 $0.00 $0.00 $1,750.00 $43,750.00 Subtotals 460 $119,875.00 $176,800.00 $90,337.80 $495,750.00 $113,750.00 $242,950.00 $0.00 $261,000.00 Tree Removal (Parks)
213 Up to 6" d.b.h. 2 EA $150.00 $300.00 $250.00 $500.00 $317.02 $634.04 $500.00 $1,000.00 $100.00 $200.00 $100.00 $200.00 $0.00 $0.00 $75.00 $150.00 214 7" - 12" d.b.h. 2 EA $300.00 $600.00 $450.00 $900.00 $507.23 $1,014.46 $700.00 $1,400.00 $500.00 $1,000.00 $200.00 $400.00 $0.00 $0.00 $250.00 $500.00215 13" - 24" d.b.h. 5 EA $750.00 $3,750.00 $750.00 $3,750.00 $760.84 $3,804.20 $900.00 $4,500.00 $750.00 $3,750.00 $600.00 $3,000.00 $0.00 $0.00 $600.00 $3,000.00 216 25" - 36" d.b.h. 5 EA $1,700.00 $8,500.00 $1,700.00 $8,500.00 $1,268.07 $6,340.35 $1,300.00 $6,500.00 $1,500.00 $7,500.00 $1,525.00 $7,625.00 $0.00 $0.00 $1,500.00 $7,500.00217 37" - 48" d.b.h. 2 EA $2,700.00 $5,400.00 $2,500.00 $5,000.00 $3,804.22 $7,608.44 $2,500.00 $5,000.00 $2,600.00 $5,200.00 $3,540.00 $7,080.00 $0.00 $0.00 $2,500.00 $5,000.00 218 49"+ d.b.h. 2 EA $4,000.00 $8,000.00 $3,800.00 $7,600.00 $7,608.44 $15,216.88 $5,000.00 $10,000.00 $4,500.00 $9,000.00 $5,450.00 $10,900.00 $0.00 $0.00 $3,200.00 $6,400.00 Subtotals 18 $26,550.00 $26,250.00 $34,618.37 $28,400.00 $26,650.00 $29,205.00 $0.00 $22,550.00 Stump Grinding (Parks)
219 Up to 6" d.b.h. 2 EA $250.00 $500.00 $250.00 $500.00 $574.25 $1,148.50 $250.00 $500.00 $100.00 $200.00 $135.00 $270.00 $0.00 $0.00 $50.00 $100.00 220 7" - 12" d.b.h. 2 EA $400.00 $800.00 $300.00 $600.00 $669.96 $1,339.92 $350.00 $700.00 $200.00 $400.00 $225.00 $450.00 $0.00 $0.00 $75.00 $150.00221 13" - 24" d.b.h. 10 EA $800.00 $8,000.00 $600.00 $6,000.00 $1,004.94 $10,049.40 $450.00 $4,500.00 $300.00 $3,000.00 $350.00 $3,500.00 $0.00 $0.00 $140.00 $1,400.00222 25" - 36" d.b.h. 10 EA $1,000.00 $10,000.00 $1,200.00 $12,000.00 $1,339.91 $13,399.10 $550.00 $5,500.00 $600.00 $6,000.00 $550.00 $5,500.00 $0.00 $0.00 $260.00 $2,600.00223 37" - 48" d.b.h. 5 EA $1,250.00 $6,250.00 $1,800.00 $9,000.00 $2,009.87 $10,049.35 $600.00 $3,000.00 $900.00 $4,500.00 $810.00 $4,050.00 $0.00 $0.00 $380.00 $1,900.00 224 49"+ d.b.h. 2 EA $1,450.00 $2,900.00 $2,400.00 $4,800.00 $4,019.74 $8,039.48 $700.00 $1,400.00 $900.00 $1,800.00 $945.00 $1,890.00 $0.00 $0.00 $500.00 $1,000.00 Subtotals 31 $28,450.00 $32,900.00 $44,025.75 $15,600.00 $15,900.00 $15,660.00 $0.00 $7,150.00 Miscellaneous Services (Parks)
225 Root Pruning 25 LF $110.00 $2,750.00 $600.00 $15,000.00 $163.29 $4,082.25 $800.00 $20,000.00 $45.00 $1,125.00 $35.00 $875.00 $0.00 $0.00 $25.00 $625.00 226 Root Barrier Installation 25 LF $50.00 $1,250.00 $500.00 $12,500.00 $326.57 $8,164.25 $1,050.00 $26,250.00 $45.00 $1,125.00 $70.00 $1,750.00 $0.00 $0.00 $150.00 $3,750.00227 Tree Planting - 15 Gallon 25 EA $350.00 $8,750.00 $200.00 $5,000.00 $2,037.83 $50,945.75 $750.00 $18,750.00 $350.00 $8,750.00 $310.00 $7,750.00 $0.00 $0.00 $250.00 $6,250.00 Subtotals 75 $12,750.00 $32,500.00 $63,192.25 $65,000.00 $11,000.00 $10,375.00 $0.00 $10,625.00 Total $195,455.00 Total $274,485.00 Total $236,813.17 Total $619,650.00 Total $175,650.00 Total $306,360.00 Total $0.00 Total $308,835.00 #14..
- 898 -
Tree Pruning and Removal Services - Bid Summary
BID #IFB 2324-13 - August 15, 2023 Bid OpeningSECTION 3 - PW - CITY STREET TREES - LARGE CONTRACT Engineer's Estimate Green Field Tree Service Inc. Greentek Services, LLC Julian Tree Care Inc. West Coast Arborists Inc. Grover Landscape Services Inc. Nate's Tree Service Inc. Rumble Tree Inc.BID ITEM

DESCRIPTION
LARGE

CONTRACT -
QTY

UNIT OF

ISSUE UNIT PRICE
LARGE

CONTRACT -

TOTAL PRICE

UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Program Pruning (Street Trees)
301 Up to 6" d.b.h. 75 EA $110.00 $8,250.00 $130.00 $9,750.00 $78.81 $5,910.75 $350.00 $26,250.00 $100.00 $7,500.00 $55.00 $4,125.00 $125.00 $9,375.00 $70.00 $5,250.00 302 7" - 12" d.b.h. 725 EA $160.00 $116,000.00 $160.00 $116,000.00 $90.07 $65,300.75 $550.00 $398,750.00 $200.00 $145,000.00 $110.00 $79,750.00 $150.00 $108,750.00 $150.00 $108,750.00303 13" - 24" d.b.h. 875 EA $210.00 $183,750.00 $210.00 $183,750.00 $143.30 $125,387.50 $750.00 $656,250.00 $200.00 $175,000.00 $300.00 $262,500.00 $225.00 $196,875.00 $300.00 $262,500.00304 25" - 36" d.b.h. 725 EA $260.00 $188,500.00 $400.00 $290,000.00 $175.14 $126,976.50 $1,050.00 $761,250.00 $300.00 $217,500.00 $605.00 $438,625.00 $250.00 $181,250.00 $500.00 $362,500.00305 37" - 48" d.b.h. 400 EA $335.00 $134,000.00 $600.00 $240,000.00 $350.29 $140,116.00 $1,500.00 $600,000.00 $400.00 $160,000.00 $900.00 $360,000.00 $300.00 $120,000.00 $1,200.00 $480,000.00306 49"+ d.b.h. 50 EA $350.00 $17,500.00 $850.00 $42,500.00 $450.37 $22,518.50 $3,500.00 $175,000.00 $800.00 $40,000.00 $1,495.00 $74,750.00 $400.00 $20,000.00 $1,750.00 $87,500.00 Subtotals 2850 $648,000.00 $882,000.00 $486,210.00 $2,617,500.00 $745,000.00 $1,219,750.00 $636,250.00 $1,306,500.00 Tree Removal (Street Trees)
307 Up to 6" d.b.h. 5 EA $150.00 $750.00 $200.00 $1,000.00 $131.36 $656.80 $500.00 $2,500.00 $100.00 $500.00 $100.00 $500.00 $150.00 $750.00 $75.00 $375.00 308 7" - 12" d.b.h. 15 EA $300.00 $4,500.00 $400.00 $6,000.00 $210.17 $3,152.55 $700.00 $10,500.00 $500.00 $7,500.00 $200.00 $3,000.00 $175.00 $2,625.00 $250.00 $3,750.00 309 13" - 24" d.b.h. 30 EA $750.00 $22,500.00 $650.00 $19,500.00 $623.83 $18,714.90 $900.00 $27,000.00 $750.00 $22,500.00 $600.00 $18,000.00 $450.00 $13,500.00 $600.00 $18,000.00310 25" - 36" d.b.h. 30 EA $1,700.00 $51,000.00 $1,400.00 $42,000.00 $1,039.72 $31,191.60 $1,300.00 $39,000.00 $1,500.00 $45,000.00 $1,525.00 $45,750.00 $900.00 $27,000.00 $1,500.00 $45,000.00 311 37" - 48" d.b.h. 15 EA $2,700.00 $40,500.00 $2,000.00 $30,000.00 $3,119.17 $46,787.55 $2,500.00 $37,500.00 $2,600.00 $39,000.00 $3,540.00 $53,100.00 $1,600.00 $24,000.00 $2,500.00 $37,500.00 312 49"+ d.b.h. 5 EA $4,000.00 $20,000.00 $3,500.00 $17,500.00 $6,238.34 $31,191.70 $5,000.00 $25,000.00 $4,500.00 $22,500.00 $5,450.00 $27,250.00 $2,500.00 $12,500.00 $3,200.00 $16,000.00 Subtotals 100 $139,250.00 $116,000.00 $131,695.10 $141,500.00 $137,000.00 $147,600.00 $80,375.00 $120,625.00 Stump Grinding (Street Trees)
313 Up to 6" d.b.h. 5 EA $250.00 $1,250.00 $250.00 $1,250.00 $446.64 $2,233.20 $250.00 $1,250.00 $100.00 $500.00 $135.00 $675.00 $250.00 $1,250.00 $50.00 $250.00 314 7" - 12" d.b.h. 15 EA $400.00 $6,000.00 $300.00 $4,500.00 $446.64 $6,699.60 $350.00 $5,250.00 $200.00 $3,000.00 $225.00 $3,375.00 $450.00 $6,750.00 $75.00 $1,125.00 315 13" - 24" d.b.h. 30 EA $800.00 $24,000.00 $600.00 $18,000.00 $803.95 $24,118.50 $450.00 $13,500.00 $300.00 $9,000.00 $350.00 $10,500.00 $650.00 $19,500.00 $140.00 $4,200.00316 25" - 36" d.b.h. 30 EA $1,000.00 $30,000.00 $1,200.00 $36,000.00 $1,339.91 $40,197.30 $550.00 $16,500.00 $600.00 $18,000.00 $550.00 $16,500.00 $900.00 $27,000.00 $260.00 $7,800.00 317 37" - 48" d.b.h. 15 EA $1,250.00 $18,750.00 $1,300.00 $19,500.00 $2,009.87 $30,148.05 $600.00 $9,000.00 $900.00 $13,500.00 $810.00 $12,150.00 $1,250.00 $18,750.00 $380.00 $5,700.00 318 49"+ d.b.h. 5 EA $1,450.00 $7,250.00 $2,100.00 $10,500.00 $4,019.74 $20,098.70 $700.00 $3,500.00 $900.00 $4,500.00 $945.00 $4,725.00 $1,500.00 $7,500.00 $500.00 $2,500.00 Subtotals 100 $87,250.00 $89,750.00 $123,495.35 $49,000.00 $48,500.00 $47,925.00 $80,750.00 $21,575.00 Total $874,500.00 Total $1,087,750.00 Total $741,400.45 Total $2,808,000.00 Total $930,500.00 Total $1,415,275.00 Total $797,375.00 Total $1,448,700.00 #14..
- 899 -
Tree Pruning and Removal Services - Bid Summary
BID #IFB 2324-13 - August 15, 2023 Bid OpeningSECTION 4 - PRND - PARKS TREES - LARGE CONTRACT Engineer's Estimate Green Field Tree Service Inc. Greentek Services, LLC Julian Tree Care Inc. West Coast Arborists Inc. Grover Landscape Services Inc. Nate's Tree Service Inc. Rumble Tree Inc.BID ITEM

DESCRIPTION
LARGE

CONTRACT -
QTY

UNIT OF

ISSUE UNIT PRICE
LARGE

CONTRACT -

TOTAL PRICE

UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Demand Pruning (Parks)
401 Up to 6" d.b.h. 3 EA $150.00 $450.00 $150.00 $450.00 $99.00 $297.00 $350.00 $1,050.00 $200.00 $600.00 $95.00 $285.00 $175.00 $525.00 $70.00 $210.00402 7" - 12" d.b.h. 5 EA $280.00 $1,400.00 $250.00 $1,250.00 $155.00 $775.00 $550.00 $2,750.00 $300.00 $1,500.00 $220.00 $1,100.00 $200.00 $1,000.00 $140.00 $700.00 403 13" - 24" d.b.h. 10 EA $480.00 $4,800.00 $350.00 $3,500.00 $220.00 $2,200.00 $750.00 $7,500.00 $450.00 $4,500.00 $350.00 $3,500.00 $275.00 $2,750.00 $300.00 $3,000.00404 25" - 36" d.b.h. 10 EA $550.00 $5,500.00 $400.00 $4,000.00 $310.00 $3,100.00 $1,050.00 $10,500.00 $650.00 $6,500.00 $660.00 $6,600.00 $300.00 $3,000.00 $600.00 $6,000.00405 37" - 48" d.b.h. 5 EA $950.00 $4,750.00 $550.00 $2,750.00 $585.00 $2,925.00 $1,500.00 $7,500.00 $950.00 $4,750.00 $1,155.00 $5,775.00 $350.00 $1,750.00 $1,200.00 $6,000.00406 49"+ d.b.h. 3 EA $1,300.00 $3,900.00 $850.00 $2,550.00 $1,150.00 $3,450.00 $3,500.00 $10,500.00 $1,400.00 $4,200.00 $1,650.00 $4,950.00 $450.00 $1,350.00 $1,600.00 $4,800.00 Subtotals 36 $20,800.00 $14,500.00 $12,747.00 $39,800.00 $22,050.00 $22,210.00 $10,375.00 $20,710.00 Program Pruning (Parks)
407 Up to 6" d.b.h. 100 EA $125.00 $12,500.00 $130.00 $13,000.00 $78.81 $7,881.00 $350.00 $35,000.00 $100.00 $10,000.00 $55.00 $5,500.00 $125.00 $12,500.00 $70.00 $7,000.00408 7" - 12" d.b.h. 200 EA $175.00 $35,000.00 $200.00 $40,000.00 $90.07 $18,014.00 $550.00 $110,000.00 $175.00 $35,000.00 $110.00 $22,000.00 $150.00 $30,000.00 $150.00 $30,000.00409 13" - 24" d.b.h. 550 EA $225.00 $123,750.00 $300.00 $165,000.00 $143.30 $78,815.00 $750.00 $412,500.00 $175.00 $96,250.00 $300.00 $165,000.00 $225.00 $123,750.00 $300.00 $165,000.00410 25" - 36" d.b.h. 550 EA $275.00 $151,250.00 $450.00 $247,500.00 $175.14 $96,327.00 $1,050.00 $577,500.00 $250.00 $137,500.00 $605.00 $332,750.00 $250.00 $137,500.00 $500.00 $275,000.00411 37" - 48" d.b.h. 300 EA $350.00 $105,000.00 $600.00 $180,000.00 $350.29 $105,087.00 $1,500.00 $450,000.00 $350.00 $105,000.00 $990.00 $297,000.00 $300.00 $90,000.00 $1,200.00 $360,000.00 412 49"+ d.b.h. 100 EA $400.00 $40,000.00 $750.00 $75,000.00 $450.37 $45,037.00 $3,500.00 $350,000.00 $600.00 $60,000.00 $1,495.00 $149,500.00 $400.00 $40,000.00 $1,750.00 $175,000.00 Subtotals 1800 $467,500.00 $720,500.00 $351,161.00 $1,935,000.00 $443,750.00 $971,750.00 $433,750.00 $1,012,000.00 Tree Removal (Parks)
413 Up to 6" d.b.h. 5 EA $150.00 $750.00 $360.00 $1,800.00 $317.02 $1,585.10 $500.00 $2,500.00 $100.00 $500.00 $100.00 $500.00 $150.00 $750.00 $75.00 $375.00 414 7" - 12" d.b.h. 10 EA $300.00 $3,000.00 $420.00 $4,200.00 $507.23 $5,072.30 $700.00 $7,000.00 $500.00 $5,000.00 $200.00 $2,000.00 $175.00 $1,750.00 $250.00 $2,500.00 415 13" - 24" d.b.h. 20 EA $750.00 $15,000.00 $780.00 $15,600.00 $760.84 $15,216.80 $900.00 $18,000.00 $750.00 $15,000.00 $600.00 $12,000.00 $450.00 $9,000.00 $600.00 $12,000.00416 25" - 36" d.b.h. 20 EA $1,700.00 $34,000.00 $1,600.00 $32,000.00 $1,268.07 $25,361.40 $1,300.00 $26,000.00 $1,500.00 $30,000.00 $1,525.00 $30,500.00 $900.00 $18,000.00 $1,500.00 $30,000.00 417 37" - 48" d.b.h. 10 EA $2,700.00 $27,000.00 $2,220.00 $22,200.00 $3,804.22 $38,042.20 $2,500.00 $25,000.00 $2,600.00 $26,000.00 $3,540.00 $35,400.00 $1,600.00 $16,000.00 $2,500.00 $25,000.00 418 49"+ d.b.h. 5 EA $4,000.00 $20,000.00 $3,500.00 $17,500.00 $7,608.44 $38,042.20 $5,000.00 $25,000.00 $4,500.00 $22,500.00 $5,450.00 $27,250.00 $2,500.00 $12,500.00 $3,200.00 $16,000.00 Subtotals 70 $99,750.00 $93,300.00 $123,320.00 $103,500.00 $99,000.00 $107,650.00 $58,000.00 $85,875.00 Stump Grinding (Parks)
419 Up to 6" d.b.h. 5 EA $250.00 $1,250.00 $200.00 $1,000.00 $574.25 $2,871.25 $250.00 $1,250.00 $100.00 $500.00 $135.00 $675.00 $250.00 $1,250.00 $50.00 $250.00 420 7" - 12" d.b.h. 10 EA $400.00 $4,000.00 $250.00 $2,500.00 $669.96 $6,699.60 $350.00 $3,500.00 $200.00 $2,000.00 $225.00 $2,250.00 $450.00 $4,500.00 $75.00 $750.00 421 13" - 24" d.b.h. 30 EA $800.00 $24,000.00 $480.00 $14,400.00 $1,004.94 $30,148.20 $450.00 $13,500.00 $300.00 $9,000.00 $350.00 $10,500.00 $650.00 $19,500.00 $140.00 $4,200.00422 25" - 36" d.b.h. 30 EA $1,000.00 $30,000.00 $800.00 $24,000.00 $1,339.91 $40,197.30 $550.00 $16,500.00 $600.00 $18,000.00 $550.00 $16,500.00 $900.00 $27,000.00 $260.00 $7,800.00 423 37" - 48" d.b.h. 15 EA $1,250.00 $18,750.00 $1,300.00 $19,500.00 $2,009.87 $30,148.05 $600.00 $9,000.00 $900.00 $13,500.00 $810.00 $12,150.00 $1,250.00 $18,750.00 $380.00 $5,700.00 424 49"+ d.b.h. 10 EA $1,450.00 $14,500.00 $2,100.00 $21,000.00 $4,019.74 $40,197.40 $700.00 $7,000.00 $900.00 $9,000.00 $945.00 $9,450.00 $1,500.00 $15,000.00 $500.00 $5,000.00 Subtotals 100 $92,500.00 $82,400.00 $150,261.80 $50,750.00 $52,000.00 $51,525.00 $86,000.00 $23,700.00 Miscellaneous Services (Parks)
425 Root Pruning 100 LF $110.00 $11,000.00 $600.00 $60,000.00 $163.29 $16,329.00 $800.00 $80,000.00 $45.00 $4,500.00 $35.00 $3,500.00 $100.00 $10,000.00 $25.00 $2,500.00 426 Root Barrier Installation 100 LF $50.00 $5,000.00 $700.00 $70,000.00 $326.57 $32,657.00 $1,050.00 $105,000.00 $45.00 $4,500.00 $70.00 $7,000.00 $125.00 $12,500.00 $150.00 $15,000.00 427 Tree Planting - 15 Gallon 100 EA $350.00 $35,000.00 $100.00 $10,000.00 $2,037.83 $203,783.00 $750.00 $75,000.00 $350.00 $35,000.00 $310.00 $31,000.00 $550.00 $55,000.00 $250.00 $25,000.00 Subtotals 300 $51,000.00 $140,000.00 $252,769.00 $260,000.00 $44,000.00 $41,500.00 $77,500.00 $42,500.00 Total $731,550.00 Total $1,050,700.00 Total $890,258.80 Total $2,389,050.00 Total $660,800.00 Total $1,194,635.00 Total $665,625.00 Total $1,184,785.00 #14..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 10, 2023
Date: September 19, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Culture Commission City Bird Nomination
CONTACT: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods, [email protected], 209-577-5347
DESCRIPTION:

Consider approving the Culture Commission’s nomination to make the Yellow-Billed Magpie the City Bird of Modesto. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This recommended action supports the City’s 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

Section 11101 of the City of Modesto Charter authorizes the Culture Commission (Commission) to act as an advisory body to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities. The Commission also promotes the preservation of historic sites, landmarks, documents, paintings, and other objects associated with the history of the City and its area.

On May 4, 2022, the Culture Commission considered a proposal from Salvatore Salerno, a representative from the Stanislaus Audubon Society (SAS). The proposal requested that the yellow-billed magpie be recognized as the City Bird of Modesto. On February 1, 2023, the Culture Commission finalized their 2023 Goals and Objectives and listed the City Bird Nomination as their top priority. On April 5, 2023, the Commission further reviewed the SAS proposal and unanimously decided to nominate the yellow-billed magpie as the City Bird of Modesto and forward to Council for approval.
1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1110CU CO
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DISCUSSION:

The SAS proposal to make the yellow-billed magpie the City Bird cited several reasons for the nomination. In October, 2021, the SAS conducted a social media poll to obtain community input on the local bird species to serve as the City Bird. The yellow-billed magpie received 42.5% of the vote and the California Scrub Jay, Red-Shouldered Hawk and Acorn Woodpecker received

25.3%, 24% and 8.2% respectively. The yellow-billed magpie is an endemic species, with its entire population found only in the San Joaquin Valley and foothills. Birders and bird lovers alike find the yellow-billed magpies to be beautiful birds with iridescent colors of black, blue set against white. Lastly, the current Parks, Recreation and Neighborhoods Department’s mascots, Mac and Maggie, are yellow-billed magpies.

The establishment of the yellow-billed magpie as the City Bird of Modesto creates new terrain for the Culture Commission and City. Prospects include new City marketing and branding imagery, education opportunities on the yellow-billed magpie and other animals native to the area, and most importantly, showing the community that they can make change and create a positive impact with their passions.

FISCAL IMPACT:

This item has no immediate fiscal impact.

COMMITTEE RECOMMENDATION:

This agenda item was reviewed by the Safety & Communities Committee on September 18, 2023, which unanimously recommended it be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Culture Commission’s nomination to make the Yellow-Billed Magpie the City Bird of Modesto.

Approved by:

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

1. Resolution

2. Picture of Yellow-Billed Magpie
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10/10/2023/PRN/LSmith/ItemXX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING THE CULTURE COMMISSION’S NOMINATION

TO MAKE THE YELLOW-BILLED MAGPIE THE CITY BIRD OF MODESTO WHEREAS, Section 1110 of the City of Modesto Charter authorizes the Culture Commission (Commission) to act as an advisory body to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities; and
WHEREAS, on May 4, 2022, the Culture Commission considered a proposal from Salvatore Salerno, a representative from the Stanislaus Audubon Society (SAS) to make the yellow-billed magpie the City Bird of Modesto; and WHEREAS, the City of Modesto does not currently have a City Bird; and WHEREAS, on April 5, 2023, the Commission further reviewed the SAS proposal and unanimously decided to nominate the yellow-billed magpie as the City Bird of Modesto and forward to Council for approval; and
WHEREAS, the community input and research results supporting the nomination of the yellow-billed magpie as the City Bird were presented to and approved by the Safety & Communities Committee on Monday, September 18, 2023.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Culture Commission’s Nomination to make the yellow-billed magpie the City Bird of Modesto.

The foregoing resolution was introduced at 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 , #15..
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was upon roll call carried and the resolution adopted by the following votes:

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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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 10, 2023
September 6, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Award Upgrade Traffic Signals 2019 Project
CONTACT: Mark G. Murphy, Engineer, [email protected], 209- 577-5431 DESCRIPTION:

Consider approving the Plans and Specifications for the Upgrade Traffic Signals 2019 Project with locations at Blue Gum Avenue at Carpenter Road, 12th Street at G Street, and, 17th at I Street, accepting the Bid, and Awarding a Contract to St. Francis Electric, LLC of San Leandro, CA in the amount of $1,561,400, and Change Orders up to the cumulative amount of $156,140 for a total amount not to exceed $1,717,540. (Funding Source: Congestion Mitigation and Air Quality)
STRATEGIC PLAN ELEMENT:

This item is consistent with Council’s Strategic Commitment Area of Focus: “Quality of Life; engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.” BACKGROUND:

The City of Modesto Traffic Engineering Division applied for Congestion Mitigation and Air Quality (CMAQ) funds through Stanislaus Council of Governments (StanCOG) to install Upgrade Traffic Signals at Blue Gum Avenue at Carpenter Road, 12th Street at G Street, 14th Street at I Street, 17th Street at I Street, and 17th Street at G Street. StanCOG approved the City of Modesto’s request for the CMAQ grant with design funds approved in March 2019 and $1,050,000 in construction funds in March 2022 with additional $1,178,420 in construction funds in July 2022 for a total of $2,228,420 in construction funds. The project was bid with a base bid and three alternative bid items.

The Upgrade Traffic Signals 2019 project will install a new traffic signal controller, cabinet, conduits, detection, traffic signs, and street lighting, at the above intersections.

Public Works along with other City of Modesto departments is suffering through an engineering shortage. This shortage is being addressed through our Human Resource Department and City #16..
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Award Upgrade Traffic Signals 2019 Project

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Council by increasing benefits to attract more engineers to the City of Modesto. This shortage has had an impact on CIP project design and delivery. A backlog of completing CIP projects currently exists in Public Works and will take time to resolve these restrictions as new staff is hired and trained.

DISCUSSION:

The project was advertised, and bids were solicited on July 26, 2023. Bids were publicly opened on August 29, 2023, and two bids were received. St. Francis Electric, LLC of San Leandro, CA was the apparent low bidder. The bid tabulation is attached.

The bid analysis is:

Number of responsive bids received 2
Number of bids within 10% of engineer’s estimate 0
Number of bids below the engineer’s estimate 0
The engineer’s estimate and the bids are considered reasonable whenever any of the bids are within 10% of the engineer’s estimate. St. Francis Electric’s bid is 37.43% above the engineer’s estimate and the other bid was 59.37% above the engineer’s estimate. Although the lowest bid is 37.43% above the engineer’s estimate, City staff has deemed the apparent low bid as reasonable and does not believe another bid would result in a lower cost for the work.

Construction costs have continually increased, and the City of Modesto was approved by StanCOG in June of 2022 to receive an additional $1,178,420 of CMAQ funds to construct the project for a total construction budget of $2,228,420. Even with this increase in CMAQ funding there is only enough funding to construct the base bid for Blue Gum Avenue at Carpenter Road, 12th Street at G Street, and Bid Alternate 2, 17th at I Street. Bid Alternatives 1, 14th at I Street and 3, 17th at G Streets will not be awarded for construction.

Staff believes that due to the current cost of construction, and materials still impacted by COVID related delays, rejecting and re-bidding will have the potential of increasing unit costs.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures. An award of $1,717,540 and agreement for construction for the Public Works Department to use St. Francis Electric, LLC of San Leandro, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and St. Francis Electric was the lowest responsive and responsible bidder. Therefore, City staff recommend awarding the contract to St. Francis Electric, LLC of San Leandro, CA.

FISCAL IMPACT:

This project will be funded by CMAQ.
101186 – Capital Grants - Streets CIP Projects - 3160 “Upgrade Traffic Signals 2019”.

DESIGN BUDGET:

Engineering/Design/Administration Support – City Staff $60,000 ANTICIPATED CONSTRUCTION EXPENDITURES Total
Construction Contract $1,561,400
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Construction Contingency (10%) $156,140
Construction Admin City Staff (13%) $223,280
Design Support During Construction (2%) $34,350
TOTAL ANTICIPATED EXPENDITURES: $1,975,170
PROJECT REVENUE Total
Congestion Mitigation and Air Quality (CMAQ) $2,376,420 TOTAL ANTICIPATED REVENUE: $2,376,420
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, and updated by Resolution No. 2023-405 on September 12, 2023, established a contract change order budget of 10% for construction contracts up to $10,000,000 of the original contract price.

COMMITTEE RECOMMENDATION:

On March 16, 2022, this item was presented to the Economic Development Committee, and the Committee recommended forwarding this item and others when each project is bid and recommended awarding to Council for approval along with other future Public Works and Utility CIP projects. This practice was put in place to accelerate the award process.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, EA/PW 2019-010, filed July 9, 2019.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the Plans and Specifications for the Upgrade Traffic Signals 2019 Project, accepting the Bid, and Awarding a Contract to St. Francis Electric, LLC of San Leandro, CA, in the amount of $1,561,400, and Change Orders up to the cumulative amount of $156,140 for a total amount not exceed $1,717,540, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement

3. Bid Results

4. Financial Interest Disclosure Form (FDIF)
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE UPGRADE TRAFFIC SIGNALS 2019 PROJECT, ACCEPTING THE BID, AND AWARDING A CONTRACT TO ST. FRANCIS ELECTRICAL LLC OF SAN LEANDRO, CA, IN THE AMOUNT OF $1,561,400, AND CHANGE ORDERS UP TO THE CUMULATIVE AMOUNT OF $156,140 FOR A TOTAL AMOUNT NOT TO EXCEED $1,717,540 AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, plans and specifications have been prepared for Upgrade Traffic Signals 2019 project, and City staff recommends approval by the City Council; and WHEREAS, the bids received for the Upgrade Traffic Signals 2019 project, were publicly opened at 11:00 a.m. on July 26, 2023 and two bids were received, and later tabulated by the Director of Public Works for the consideration of Council; and WHEREAS, the Director of Public Works has recommended that the bid of $1,717,540 received from St. Francis Electrical, LLC be accepted as the lowest responsible and responsive bid and that the contract be awarded to St. Francis Electrical, LLC; 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 follow the formal bid procedures; and
WHEREAS, an award of $1,561,400 and agreement for construction for the Public Works Department conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and St. Francis, LLC of Livermore, CA, was the lowest responsive bidder; and
WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on #16..
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2 2023-
July 9, 2019, established a contract change order budget of 10% for construction contracts at least $250,000 but less than $1,000,000.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the plans and specifications, accepts the bid in the amount of $1,717,540 and awards St. Francis Electrical, LLC the contract for the Upgrade Traffic Signals 2019 project.

BE IT FUTHER RESOLVED, that change orders be approved up to a cumulative amount of $156,140 for a total amount not to exceed $1,717,540.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #16..
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3 2023-
The foregoing resolution was introduced at 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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Bid Tabulation Wednesday, August 30, 2023
Project Title: Upgrade Traffic Signals - 2019
Project ID #: 2023-017
Vault ID #: 25-D-0232
Account# 101186
Agency #: Public Works
Bid Opening: 8/29/2023 at 11:00 AM
Basis of Award: By Blind Bid Designer: Mark Murphy
Design Manager: Mark Murphy
Project Description: This project will Upgrade Traffic Signals at the intersections of Blue Gum Avenue at Carpenter Road, 12th Street at G Street, 14th Street at I Street, 17th Street at I Street, 17th Street at G Street.

Item # Item Description Units Quantity Unit Price Extension Low Bidder
St. Francis Electric
(510) 639-0639 975 Carden Street, San Leandro CA, 94577 Base Bid
1 Traffic Control – Blue Gum at Carpenter LS 1 $15,000.00 $15,000.00 2 Clearing, Grubbing & Mob. Blue Gum at LS 1 $25,000.00 $25,000.00 Carpenter
3 Upgrade Traffic Signal at Blue Gum and LS 1 $430,000.00 $430,000.00 Carpenter
4 WPCP – Blue Gum at Carpenter LS 1 $2,000.00 $2,000.00 5 Potholing and Utility Coord. Blue Gum at LS 1 $10,000.00 $10,000.00 Carpenter
6 Removal and Installation of Striping & LS 1 $65,000.00 $65,000.00 Signage Blue Gum at Carpenter
7 Traffic Control 12th St at G St LS 1 $15,000.00 $15,000.00 8 Clearing, Grubbing and Mob. 12th St at G St LS 1 $25,000.00 $25,000.00 9 Upgrade Traffic Signal at 12th St at G St LS 1 $430,000.00 $430,000.00 10 WPCP 12th St at G St LS 1 $2,000.00 $2,000.00
11 Potholing and Utility Coord.12th St at G St LS 1 $7,500.00 $7,500.00 12 Removal and Installation of Striping Signage LS 1 $65,000.00 $65,000.00 12th St at G St
Subtotal: $1,091,500.00
Bid Alternate 2
201 Traffic Control 17th St at I St LS 1 $15,000.00 $15,000.00 202 Clearing, Grubbing and Mob. 17th St at I LS 1 $20,000.00 $20,000.00 St
203 Upgrade Traffic Signal at 17th St at I St LS 1 $375,400.00 $375,400.00 204 Potholing and Utility Coord.17th St at I St LS 1 $7,500.00 $7,500.00 205 Removal and Installation of Striping & LS 1 $50,000.00 $50,000.00 Signage 17th St at I St
206 WPCP 17th St at I St LS 1 $2,000.00 $2,000.00
Subtotal: $469,900.00
Total: $1,561,400.00
Percent From Engineer's Estimate: 37.43%
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Tennyson Electric Inc.
(925) 606-1038 7275 National Drive, Suite A2, Livermore CA, 94550 Base Bid
1 Traffic Control – Blue Gum at Carpenter LS 1 $27,850.00 $27,850.00 2 Clearing, Grubbing & Mob. Blue Gum at LS 1 $26,000.00 $26,000.00 Carpenter
3 Upgrade Traffic Signal at Blue Gum and LS 1 $565,000.00 $565,000.00 Carpenter
4 WPCP – Blue Gum at Carpenter LS 1 $1,500.00 $1,500.00 5 Potholing and Utility Coord. Blue Gum at LS 1 $10,000.00 $10,000.00 Carpenter
6 Removal and Installation of Striping & LS 1 $70,000.00 $70,000.00 Signage Blue Gum at Carpenter
7 Traffic Control 12th St at G St LS 1 $23,650.00 $23,650.00 8 Clearing, Grubbing and Mob. 12th St at G St LS 1 $24,500.00 $24,500.00 9 Upgrade Traffic Signal at 12th St at G St LS 1 $448,500.00 $448,500.00 10 WPCP 12th St at G St LS 1 $1,500.00 $1,500.00
11 Potholing and Utility Coord.12th St at G St LS 1 $7,500.00 $7,500.00 12 Removal and Installation of Striping Signage LS 1 $55,000.00 $55,000.00 12th St at G St
Subtotal: $1,261,000.00
Bid Alternate 2
201 Traffic Control 17th St at I St LS 1 $23,650.00 $23,650.00 202 Clearing, Grubbing and Mob. 17th St at I LS 1 $23,500.00 $23,500.00 St
203 Upgrade Traffic Signal at 17th St at I St LS 1 $448,500.00 $448,500.00 204 Potholing and Utility Coord.17th St at I St LS 1 $7,500.00 $7,500.00 205 Removal and Installation of Striping & LS 1 $45,000.00 $45,000.00 Signage 17th St at I St
206 WPCP 17th St at I St LS 1 $1,500.00 $1,500.00
Subtotal: $549,650.00
Total: $1,810,650.00
Percent From Engineer's Estimate: 59.37%
Engineer's Estimate
Base Bid
1 Traffic Control – Blue Gum at Carpenter LS 1 $12,000.00 $12,000.00 2 Clearing, Grubbing & Mob. Blue Gum at LS 1 $15,000.00 $15,000.00 Carpenter
3 Upgrade Traffic Signal at Blue Gum and LS 1 $500,644.00 $500,644.00 Carpenter
4 WPCP – Blue Gum at Carpenter LS 1 $3,500.00 $3,500.00 5 Potholing and Utility Coord. Blue Gum at LS 1 $10,000.00 $10,000.00 Carpenter
6 Removal and Installation of Striping & LS 1 $15,000.00 $15,000.00 Signage Blue Gum at Carpenter
7 Traffic Control 12th St at G St LS 1 $7,500.00 $7,500.00 8 Clearing, Grubbing and Mob. 12th St at G St LS 1 $11,000.00 $11,000.00 9 Upgrade Traffic Signal at 12th St at G St LS 1 $247,500.00 $247,500.00 10 WPCP 12th St at G St LS 1 $3,500.00 $3,500.00
11 Potholing and Utility Coord.12th St at G St LS 1 $10,000.00 $10,000.00 12 Removal and Installation of Striping Signage LS 1 $12,000.00 $12,000.00 12th St at G St
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Subtotal: $847,644.00
Bid Alternate 2
201 Traffic Control 17th St at I St LS 1 $15,000.00 $15,000.00 202 Clearing, Grubbing and Mob. 17th St at I St LS 1 $12,500.00 $12,500.00 203 Upgrade Traffic Signal at 17th St at I St LS 1 $230,000.00 $230,000.00 204 Potholing and Utility Coord.17th St at I St LS 1 $7,500.00 $7,500.00 205 Removal and Installation of Striping & LS 1 $20,000.00 $20,000.00 Signage 17th St at I St
206 WPCP 17th St at I St LS 1 $3,500.00 $3,500.00
Subtotal: $288,500.00
Total: $1,136,144.00
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10/10/2023 4:30:00 PM

OFFICE OF THE CITY CLERK

NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, OCTOBER 10, 2023 AT 4:30 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE) Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
Perkins v. City of Modesto, et al.

United States District Court
Case No. 1:19-CV-00126- JLT- EPG

BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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Modesto City CouncilOctober 10, 2023

Modesto City Council
October 10, 2023