Agenda packet — Safety and Communities Committee, April 15, 2024 (part 2 of 2)

On August 25, 2022, Dan Ely Backflow Services sent a Notice of Termination letter to the City’s Purchasing Division citing the final day of service as September 30, 2022. The contractor recommended Sameday Backflow Service as an alternative vendor to assume service using the existing agreement and terms.

Purchasing staff notified the Parks, Recreation & Neighborhoods department. Staff determined Sameday Backflow Service is a capable and responsible replacement to assume the agreement.

On October 1, 2022, Sameday Backflow Service assumed the Backflow Testing and Emergency Repairs agreement.

On September 12, 2023, by Resolution 2023-411, Council approved the First Amendment increasing the agreement amount with Sameday Backflow Service, for backflow testing and repair services by $100,000 from $125,000 to a new total amount not to exceed $225,000. This amendment increased compensation due to the increased levels of theft and vandalism of backflows that resulted in high repair costs.

DISCUSSION:

State law requires annual testing of each backflow prevention assembly as well as its repair. If a backflow preventer is found defective it is to be taken out of service until the repair/replacement is made within a specified timeframe. Once a backflow is repaired, it must be tested again for compliance therefore it is an additional cost for that same backflow.

Park Operations staff have continued to require a high volume of repairs and/or replacements of backflows. In 2022, there were 4 repairs totaling $3,881; in 2023, there were 33 repairs totaling $36,305. For purposes of the City-wide agreement, staff is estimating $100,000 per year for repairs. This amount is estimated to repair 90 backflows per year. Staff have been unable to meet these demands in-house and have used the Agreement to make these repairs to supplement the need. Service for water can be terminated if backflows are not in compliance with state regulations. These backflows service park irrigation, restrooms, and drinking fountains.

In addition, new backflows are added each year due to new development. It is estimated that 10 new backflows are added each year. To protect home and public drinking water, these new backflows are also required to undergo testing. Staff estimates these add-ons to be $450 annually. Currently, Park Operations staff oversee 357 active backflows in the City’s Park system.

As a result, staff is recommending a $425,000 increase to the Agreement for a total amount of $650,000 for the entire agreement. This increase represents an $85,000 annual increase per year for five years. It is expected for each department to fund these repairs with existing funds.

CURRENT AGREEMENT AMENDED AGREEMENT
2022 2023 Total Annual 5-years
Testing $16,910 $20,925 $ 37,835 Testing $30,000 $150,000 Repairs $3,881 $36,305 $40,186 Repairs $100,000 $500,000 TOTAL $20,791 $57,230 $78,021 TOTAL $130,000 $650,000
FISCAL IMPACT:

The following summarizes compensation paid for the current agreement and the amended agreement. No funding is being requested; this is solely an increase to the agreement. It is #4..
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Safety & Communities Committee, April 15, 2024
Second Amendment to Agreement for Backflow Prevention Testing Services

Page 3 of 3 ends

expected that City departments will use existing funds in their respective budgets to cover this proposed increase.

Staff Recommendations:

Motion recommending the Second Amendment increasing the Agreement amount with Sameday Backflow Service, for Backflow Prevention Testing Services and Repairs by $425,000 from $225,000 to a new total amount not to exceed $650,000; and forwarding to Council for approval.

Approved by:

Jeremy Rogers, Director of Parks, Recreation &
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Backflow Prevention Testing and Repairs Services Agreement

2. Backflow Prevention Testing and Repairs Services Agreement – First Amendment

3. Backflow Prevention Testing and Repairs Services Agreement – Second Amendment #4..
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

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

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

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 X
X
V. Fabela
Agreement for Backflow Testing and Emergency Repairs
X
X
Finance
03/08/2022
Alex Mog
Dan Ely Backflow Services
X
75369
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AGREEMENT

DAN ELY BACKFLOW SERVICES

FOR BACKFLOW TESTING AND EMERGENCY REPAIRS
This Agreement, made and entered into in the City of Modesto, State of California, this 8th day of March, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Dan Ely Backflow Services hereinafter called CONTRACTOR.

W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-_______ authorizing the award of bid and contract for the furnishing of BACKFLOW TESTING AND EMERGENCY REPAIRS to Dan Ely Backflow Services,
attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal to RFB 2122-03 for BACKFLOW TESTING AND EMERGENCY REPAIRS that best meets CITY needs, and
WHEREAS, the CONTRACTOR shall provide services to CITY as defined in the “Submittal”, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of BACKFLOW TESTING AND EMERGENCY REPAIRS, as described in RFB 2122-03, 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 BACKFLOW TESTING AND
EMERGENCY REPAIRS, in strict accordance with the conditions of the complete Contract.

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b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. 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 contract.
e. CONTRACTOR shall maintain a CITY business license for the duration of the contract.
f. CONTRACTOR shall furnish the services at the following agreement rates, estimated amount of $ 25,000 and a total amount not to exceed $125,000.

AGREEMENT PRICING

PER SINGLE UNIT IN EACH SIZE CATEGORY

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer/Type over 90% are Febco, however the City may contain devices from other manufacturers such as Ames, Rain Bird, Watts and Wilkins List Unit Price (Per Test)
Estimated
Annual Quantity:
6 +/- 50 +/- 65 +/- 130 +/- 13 +/- 50 +/- 6 +/-
Size: ¾" 1" 1-½" 2" 3" 4" 6"
Double Check
(DC) $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00
Pressure Vaccum
$45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00
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Breaker (PVB)
Reduce Pressure
(RP) $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00
Please provide your parts markup percentage 10% (NTE 10%).

Hourly rate for emergency repairs $75.00.

Modesto Fire Department

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco, for Parts/Materials however the City may contain devices from other manufacturers such as Ames, Rain, Watts and Wilkins List Unit Price (Per Test)
Estimated
Annual
Quantity:
2 1 2 9 1
Size: ¾" 1-1/4” 1-½" 2" 8”
Double Check
(DC) $45.00 $45.00 $45.00 $45.00 $45.00
Double Check
Detector
Assembly
(DCDA) $45.00 $45.00 $45.00 $45.00 $45.00
Pressure
Vacuum
Breaker (PVB) $45.00 $45.00 $45.00 $45.00 $45.00
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Reduce
Pressure (RP) $45.00 $45.00 $45.00 $45.00 $45.00

PRICING SCHEDULE
City Business/Delivery License No.1162908 Expiration Date: __________ Contractor License No. N/A Expiration Date: N/A
DIR Registration No. PW-LR-1000844993 Expiration Date: 6/1/2022 Stated pricing is subject to (_2 %) cash discount if invoice is paid within 15 days after acceptance of service.

THE PAYMENT OF PREVAILING WAGES IS REQUIRED.

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# 402556

3. CITY CONTACT:

Kathy Crandall, Buyer Ph: (209) 577-5420
Changes of a contractual or business nature shall be effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

4. TERM OF CONTRACT:

The term of the contract shall be for a period of two (2) years, with three (3) one-year extension options.

Year 1: May 1, 2022 through April 30, 2023
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Year 2: May 1, 2023 through April 30, 2024
Year 3: May 1, 2024 through April 30, 2025
Year 4: May 1, 2025 through April 30, 2026
Year 5: May 1, 2026 through April 30, 2027
This Agreement may be renewed for three (3) additional one-year terms by mutual, written agreement of the parties. Such renewal shall be in written form. Price will remain firm for the first two (2) years of the contract. Price increases for subsequent contract years three (3) through five (5) shall not exceed the Consumer Price Index (CPI) in any one contract year and shall be negotiated through the Purchasing Division. Request for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the City. The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

5. LIABILITY INSURANCE:

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 DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) 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
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 and $2,000,000 aggregate for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent Contractors and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage.

This insurance shall cover any automobile for bodily injury and property damage.
period of one year.

Waiver of Subrogation – CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

Additional Insured Status-endorsement – The City of Modesto its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’S insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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

Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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employees, and volunteers shall be named as an additional insured on all insurance polices required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity.

The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects 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 of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.

CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.

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

For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its agents, officers, officials, employees, and volunteers. Any DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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insurance or self-insurance maintained by the Entity, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.

CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY’s City Clerk evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.

6. PAYMENT:

CONTRACTOR shall invoice CITY on a monthly basis. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this proposal 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 protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.

At a minimum invoice shall state the following:
 Reference Agreement #216569
 City department/division name and address
 Billing period
 Unit price, extended price, sales tax and total

7. 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, DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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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, 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, 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.

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 relating to the operation of CITY owned vehicles by CONTRACTOR’S employees is apportioned to CONTRACTOR in accordance with the provisions contained in Indemnity 6.

8. ARBITRATION:

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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, U.S.A., 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 as soon as possible after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:

Executed Agreement;
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a. Resolution No. 2022- attached hereto as Exhibit “A” and made a part hereof;
b. Bid Submittal, attached hereto as Exhibit “B” and made a part hereof; c. RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof; d. Proof of Insurance
e. Business License

11. TERMINATION OF SERVICES:

For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft.

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

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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;
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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
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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 of receipt of written notification from City of termination of the Agreement.

In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and 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 contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. 2022-___________ attached hereto as Exhibit “A” and made a part hereof;
b. CONTRACTOR Bid Submittal, attached hereto as Exhibit “B” and made a part hereof;
c. RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof; d. Proof of Insurance
e. Business License
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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 Contract 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 Dan Ely/Owner
Dan Ely Backflow Services
902 Bennington Ave
Turlock, CA 95382
(209) 678-7024
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR(IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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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 contract.

20. ENTIRE AGREEMENT.

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

21. PARTIAL INVALIDITY.

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

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by City Manager and attested by its City Clerk under authority of Resolution No. 2022- _________, adopted by the Council of the City of Modesto on the ___8th____ day of March, 2022 and Dan Ely Backflow Services., has caused this Agreement to be duly executed.

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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Federal ID # ___________
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 Dan Ely Backflow Services, Turlock, Ca
Dan Ely Owner
568026834
3/15/2022
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1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03
FOR

BACKFLOW TESTING AND EMERGENCY REPAIRS

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: DECEMBER 14, 2021 at 11:00 A.M.

CITY OF MODESTO CONTACT: Kathy Crandall, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5420
Exhibit C
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2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

TABLE OF CONTENTS
Page
. Notice to Bidders..................................................................................................................3 . City Contacts ........................................................................................................................4 . Calendar of Events ...............................................................................................................4 . Offer and Acceptance...........................................................................................................4 . Bid Submittal Checklist .......................................................................................................5 . REQUIRED DOCUMENT
. Bid Acknowledgement (Signature)....................................................................................6 . Pricing Schedule (Signature)..............................................................................................9 . Exceptions, Clarifications, Amendments (if applicable) ..................................................10 . References ..........................................................................................................................11 . Financial Interest Disclosure Form (Signature Form) ....................................................14 . Support of Local Vendors (if applicable) ..........................................................................16 . Company History Statement .............................................................................................17 . Addenda Acknowledgement Page (if applicable) ............................................................18 . TECHNICAL REQUIREMENTS
. Scope of Work....................................................................................................................19 . Technical Specifications ....................................................................................................19 . Required Licenses ..............................................................................................................22 . Insurance.............................................................................................................................22 . GENERAL REQUIREMENTS
. Bid Submittal......................................................................................................................25 . Acceptance/Rejection of Irregular Bids.............................................................................25 . Complete Bid Document....................................................................................................25 . Compliance.........................................................................................................................26 . Prevailing Wages................................................................................................................26 . Pricing Format....................................................................................................................26 . Pricing Schedule.................................................................................................................26 . Award of Bid ......................................................................................................................27 . Term of Contract ................................................................................................................27 . Termination of Services .....................................................................................................27 . Quantities............................................................................................................................28 . Funding...............................................................................................................................28 . Other Government/Publicly Funded Agencies..................................................................28 . Protest and Appeal Procedures ..........................................................................................30 . Payment ..............................................................................................................................34 . ATTACHMENTS
. Sample Annual Agreement …………………………………………………………...35
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3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the furnishing of BACKFLOW TESTING AND EMERGENCY REPAIRS for the City of Modesto, Parks, Recreation & Neighborhoods Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Bids can be downloaded 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, December 14, 2021 at 11:00 A.M., at which time bids will be opened, read and recorded. All bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

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

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

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

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS
BID OPENING DATE: DECEMBER 14, 2021 AT 11:00 A.M.

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

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

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

Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders.

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4 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Kathy Crandall, Buyer, via email at: [email protected] All contact during the bid process shall be through the Purchasing Division. Attempts by the bidder to contact department representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued NOVEMBER 4, 2021
Written Questions Due NOVEMBER 16, 2021
Addendum Issued (if required) NOVEMBER 23, 2021
Bid Opening BEFORE 11:00 A.M. on Tuesday, DECEMBER 14, 2021 Bid Award Approximately April 2022
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded a contract 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 contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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 purchase order 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 purchase orders 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.

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5 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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.

BACKFLOW TESTING AND EMERGENCY REPAIRS
COMPLETE BID Page No.
. Bid Acknowledgement (Signature Form).........................................................................6 . Pricing Schedule (Signature Form) ...................................................................................9 . Exceptions, Clarifications, Amendments (if applicable) ..................................................10 . References ..........................................................................................................................11 . Financial Interest Disclosure Form (Signature Form) ....................................................14 . Support of Local Vendors (if applicable) ..........................................................................16 . Company History Statement .............................................................................................17 . Addenda Acknowledgement Page (if applicable) ............................................................18 DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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6 BACKFLOW TESTING AND EMERGENCY REPAIRS

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

Obligations assumed by such signature must be fulfilled.

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

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

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the bidder or the RFB gives notice of an all-or-none award, the City may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

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

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

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

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

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

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

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

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

Firm:

Address:

City/State/Zip:

Signature/Title/Date:

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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW PREVENTION TESTING & REPAIRS
PRICING SCHEDULE PAGE 1
All labor, equipment, tools, fuel 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, and Amendments page”.

All labor, materials/hardware, tools, equipment, licenses, mileage and insurance necessary to perform the required job shall be included in bid pricing. Quote shall include cost to conduct annual testing and certification (averaging approximately 40-45 units per month), make minor adjustments and prepare written diagnosis with recommendations for corrective measures as necessary. Monthly communication with contract administrator for units tested and or emergency repairs needed. Provide hourly cost for emergency repairs per size of unit.

ENTER QUOTE PER SINGLE UNIT IN EACH SIZE CATEGORY

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco, however the City may contain devices from other manufacturers such as Ames, Rain Bird, Watts and Wilkins List Unit Price
Estimated
Annual Quantity:
6 +/- 50 +/- 65 +/- 130 +/- 13 +/- 50 +/- 6 +/-
Size: ¾" 1" 1-½" 2" 3" 4" 6"
Double Check
(DC) $ $ $ $ $ $ $
Pressure Vaccum
Breaker (PVB) $ $ $ $ $ $ $
Reduce Pressure
(RP) $ $ $ $ $ $ $
TOTAL $ $ $ $ $ $ $
Please provide your markup percentage _________% NTE 10%.

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8 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING & EMERGENCY REPAIRS
PRICING SCHEDULE PAGE 2
Modesto Fire Department
All labor, materials/hardware, tools, equipment, licenses, mileage and insurance necessary to perform the required job shall be included in bid pricing. Quote shall include cost to conduct annual testing and certification (averaging approximately 2 units per month), make minor adjustments and prepare written diagnosis with recommendations for corrective measures as necessary. Monthly communication with contract administrator for units tested and or emergency repairs needed. Provide hourly cost for emergency repairs per size of unit.

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco, for Parts/Materials however the City may contain devices from other manufacturers such as Ames, Rain, Watts and Wilkins List Unit Price (Per Test)
Estimated
Annual
Quantity:
2 1 2 9 1
Size: ¾" 1-1/4” 1-½" 2" 8”
Double
Check (DC) $
Double
Check
Detector
Assembly
(DCDA) $
Pressure
Vacuum
Breaker
(PVB) $
Reduce
Pressure (RP) $
TOTAL $ $ $ $ $ $ $
Please provide your markup percentage _________% NTE 10%.

Company Name (Bidder):

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9 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

Stated pricing is subject to (______ %) cash discount if invoice is paid within ______ days after acceptance of service.

THE PAYMENT OF PREVAILING WAGES IS REQUIRED.

A City Business License
is not required at the time of the bid, however, please note the License No. if bidder should already have one. (See Section 1.3 for further details)
Does bidder accept the City’s Epay 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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10 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response. This form is not required to be returned, unless an Exception, Clarification, or Amendment is requested by the bidder. Any requested exception, clarification or amendment may not be accepted and may deem the bidder as non-responsive.

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):

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11 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

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

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
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12 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):

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13 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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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14 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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.

Tests of Materiality:

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

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

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

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

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

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

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

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15 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

Signature / Print:

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16 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
of

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

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

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

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:

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17 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

The company history statement shall be prepared on company letterhead and provided with the bid submittal.

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18 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

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

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

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

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19 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

The City of Modesto is requesting quotations on Backflow Testing & Emergency Repair Services for backflow units. Pricing shall include the costs to conduct annual testing and certification; prepare written diagnosis with recommendations for corrective measures as necessary; and make emergency repairs as requested. Monthly communication with Contract Administrator for units tested and/or repairs needed. Approximately 450 tests and certifications will be conducted per year. The successful CONTRACTOR will arrange pickup and return of the backflow test reports with Contract Administrator.

The Scope of Work includes 14 fire service backflow prevention assemblies. For the purpose of this scope of work, the main and detector backflow prevention assemblies on fire services shall be considered separate backflow prevention assembly tests for billing purposes as noted in the Pricing Schedule of this Request for Bid under “Modesto Fire Department”.

A. BACKFLOW TESTING:

Conduct annual testing for approximately 450 backflow prevention assemblies managed by the City of Modesto. Assemblies may range in size from ¾” to 8”. This includes, but not limited to, devices from Ames, Febco, Rainbird, Wilkins, and Watts. The majority of devices are Febco (90%) B. ASSIGNMENT OF WORK:

Contract Administrator will notify CONTRACTOR which backflows require testing the first Tuesday of each month.

C. TESTING PROCEDURES:

1. CONTRACTOR will test backflow device according to the California Code of Regulations for Recycled Water and apply tag certifying device has passed. In the event that a device does not pass the initial test, Backflow Tester will make all reasonable attempts to retest the device. Examples would be to “exercise” the device and open and close shut off valves if valves are not closing tight.

Retesting of the device after such attempts will not be considered an additional test. “California Drinking Water-Related Laws”. California State Water Resources Board. California Code of Regulations: Title 17, Division 1, Chapter 5, Group 4, Articles 1 and 2, Sections: 7583- 7586,7601-7605.
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Lawbook.html “California Drinking Water-Related Laws”. California State Water Resources Board. California Code of Regulations: Title 17, Division 1, Chapter 5, Group 4, Articles 1 and 2, Sections: 7583- 7586,7601-7605.

For Fire protection systems, CONTRACTOR will test fire protection system assemblies in accordance with National Fire Protection Association Standard 25, 2013 California Edition. https://catalog.nfpa.org/NFPA-25-Standard-for-the-Inspection-Testing-and-Maintenance-of-WaterBased-Fire-Protection-Systems-with-California-Amendments-P17438.aspx DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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20 2. CONTRACTOR shall furnish all labor, materials, tools, equipment, supplies, facilities, vehicle and supervision necessary to provide annual test.

3. Within twenty-four (24) hours of test, CONTRACTOR will provide written notification to Contract Administrator and the City’s Water Department Backflow Administrator ([email protected]) via email of illegal cross-connections, incorrect installations, or any other potential hazard to the water system observed during backflow prevention assembly test.

D. EMERGENCY REPAIR PROCEDURES:

1. During testing, CONTRACTOR will perform repairs as needed at a cost not to exceed those identified in the table below. If the cost of the repair is estimated to exceed these amounts, CONTRACTOR must submit a full repair quote to the Contract Administrator for approval. If requested by Contract Administrator, CONTRACTOR will provide a quote for device repair within 48 hours of request.

Size 0” – 1 ½” 2” 3” 4” and up
Cost $150 $200 $250 $500

2. Quotes for device repairs will require a “Parts List”. The Parts List will consist of any materials and/or supplies needed to complete the repair. These parts will be procured by CITY and provided to CONTRACTOR to complete the quoted repair.

E. RECORDKEEPING AND DELIVERABLES:

1. CONTRACTOR must submit completed Test Report forms which are accurate, readable and complete to the Contract Administrator. Awarded CONTRACTOR to provide copy of their Test Form to the City’s Water Department for approval.

2. Provide Contract Administrator with an electronic PDF file of each completed Test Report form within ten (10) days of passing test. The name of the PDF file must include:
i. Site
ii. Equipment location and street or cross-street. E.g. “Graceada Park – Corner of Stoddard and Sycamore Ave.”

3. Submit the Test Report in a format acceptable to the water purveyor. Test Report forms must be submitted at least three (3) working days before the test due date.

4. All test reports are required to be received by the end of the reporting month. A copy must be submitted to the Contract Administrator and the City’s Water Department.

5. CONTRACTOR shall keep a record of all test reports for three (3) years per the American Water Works Association (AWWA) and make these available to the CITY upon request.

F. GENERAL NOTES:

1. CONTRACTOR shall accomplish any other duties or requirements not included in the Scope of Work but required as per the test procedures identified in Section F, number 2, to ensure the satisfactory completion of the aforementioned testing goals.

2. Test procedures shall be those identified by the California State Water Resources Control Board in the most current edition of the University of Southern California Foundation for Cross-Connection Control book. As of March 2021, the 10th Edition is most current.

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21 California State Water Resources Board
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Publications.html

3. At the start of work, CONTRACTOR shall provide Contract Administrator with annual test kit calibration documentation for all test kits used prior to annual expiration date.

4. Work Hours – CONTRACTOR will conduct all work during the CITY’s regular business hours Monday – Friday (8:00 am – 5:00 pm). The CONTRACTOR shall be required to receive prior written authorization from the Contract Administrator for any testing outside the CITY’s regular business hours. Such authorization, if granted, would be provided for isolated circumstances and should not be considered to be a standard practice during the performance of this scope of work.

G. COMPENSATION:

CONTRACTOR shall submit an invoice and attach a hard copy for each test report. Invoices shall be submitted within thirty (30) days of test date. To decrease paperwork, CONTRACTOR is encouraged to include multiple test reports with one invoice. A maximum of two (2) invoices can be submitted during any one month.

H. MINIMUM QUALIFICATIONS:

1. All CONTRACTORS are required to hold a current California-Nevada American Water Works Association (CA/NV AWWA) Prevention Assembly Tester certification. A complete list of all testers and a copy of their current certification will be required prior to testing. No testing or test reports will be accepted if certification has expired.

CA/NV American Water Works Association – Certification: https://www.ca-nvawwa.org/canv/CNS/Professional_Certification/CNS/Certification/Certification.aspx?hkey=08011bb 7-c2de-4282-81ea-4d7875e10b84
The Awarded CONTRACTOR must also have a City of Modesto business license.

2. All required certifications expiring during contract period must be renewed and copies supplied to CITY a minimum of thirty (30) days prior to expiration date.

3. Test kits must be those approved by the University of Southern California Foundation for CrossConnection Control and approved by appropriate water purveyors. It is the responsibility of the CONTRACTOR to ensure that test equipment being used is approved by the appropriate water purveyor and that all records of calibrations of said devices are submitted to the water purveyor at the assigned intervals as required by the water purveyor.

USC Foundation for Cross-Connection Control and Hydraulic Research – List of Approved Field Test Kits: https://fccchr.usc.edu/fieldtestkitslist.html

1.1 CITY REPRESENTATIVE:

Work under any resulting contract shall be performed under the general technical guidance and direction of the City "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 contract, issued by the City of Modesto, Purchasing Division.

1.2 CALIFORNIA LABOR CODE SECTION 1771.1 (a)
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22 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 contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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.

1.3 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.

The successful bidder shall maintain a City of Modesto business license for the duration of the contract.

1.4 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. 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.

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

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

D. Pollution Liability – Pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence.

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 DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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23 conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, it agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

The CONTRACTOR's insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

The successful bidder shall maintain proper insurance with the City for the duration of the contract.

1.5 CONTRACTOR’S RESPONSIBILITY FOR WORK:

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.

Suspension of work for any cause whatsoever shall not relieve the Contractor of his/her 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, or parts and materials discovered in any part of the work, during one year after the completion and acceptance of the work.

The Contractor shall be responsible for any damage his/her 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 project activities.

1.6 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.

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24 1.7 LABOR FORCE AND SUPERVISION:

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 contract 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 contract.

1.8 DELAY 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.

1.9 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 site, the City Representative may provide suitable protection with or without first notifying the Contractor. The cost and expense of such protection provided by the City shall be borne by the Contractor. The City shall deduct the cost of such protection from any monies due or to become due to the Contractor.

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25 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

GENERAL TERMS AND CONDITIONS

2.0 BID SUBMITTAL:

Bidders should submit two “inked” (preferably blue ink) signed original bid documents, 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 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

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

2.1.1 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:
 Bid Acknowledgement (Signature Form)
 Pricing Schedule (Signature Form)
 Exceptions, Clarifications, Amendments (if applicable)  References
 Financial Interest Disclosure (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.

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26 2.1.2 BID PRESENTATION:

Bid submittals should be presented in the order as listed in Section 2.1.1 Complete Bid Document.

2.2 COMPLIANCE:

Bidders are required to sign the “Pricing Schedule and Bid Acknowledgement Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2122-03, 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 PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this contract and all provisions of Section

7.04 of the General Provisions contained within the City standards shall apply.

2.4 PRICING FORMAT:

All labor, equipment, fuel, licenses, permits 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.

2.5 PRICING SCHEDULE:

Bidders shall use the pricing schedule provided in this document to present bid pricing. No other form or format shall be accepted

2.6 AWARD OF BID:

Contracts 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 reserves the right to decline to award a contract if it is determined that the proposed pricing is not competitively priced based on similar contracts 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 a contract 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.

2.7 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.

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27 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.

2.8 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.

2.9 TERM OF CONTRACT:

The term of the contract 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 five (5) years.

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

B. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the City.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

Web site: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/,California data.

C. Price increases (other than fuel) for subsequent contract years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one (1) contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

2.10 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.

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28 2.11 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.12 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.

2.13 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

2.14 NON-DISCRIMINATION:

A. During the performance of this contract, 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. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 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, 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. 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. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

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

2.15 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 in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof.

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29 2.16 DRUG FREE WORKPLACE:

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

2.17 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.

2.18 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 contract or any subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY tenders final payment to CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

2.19 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.

2.20 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:

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

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

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

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

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30 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.

2.21 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 contract 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 contract 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.

2.22 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.

2.23 LABOR FORCE AND SUPERVISION:

CONTRACTOR shall provide sufficient labor at all times to carry out the project properly and shall ensure that fully experienced competent licensed workers who are skilled in the type of work required are employed.

CONTRACTOR shall ensure that supervision is provided at all times while any work under this contract 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 contract.

2.24 PROTEST AND APPEAL PROCEDURES:

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

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

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

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31 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, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

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

City Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.

2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision.

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32 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
PO Box 642
Modesto CA 95353
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33 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.

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 DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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34 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 vehicles 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 Agreement. This Agreement may be modified and subject to change.

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35 SAMPLE AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and ______________ hereinafter called CONTRACTOR.

W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-_______ authorizing the award of bid and contract for the furnishing of Backflow Testing & Repair Services to ______________________ attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal to RFB 2122- 03 for Backflow Testing & Repair Services that best meets CITY needs, and WHEREAS, the CONTRACTOR shall provide services to CITY as defined in the “Submittal”, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Backflow Testing & Repair Services, as described in RFB 2122-03, 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 Backflow Testing & Repair Services, in strict accordance with the conditions of the complete Contract. b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. 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 contract.

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36 e. CONTRACTOR shall maintain a CITY business license for the duration of the contract.
f. CONTRACTOR shall furnish the service defined for the following contracted rates, not to exceed $__________ annually:

2. CITY CONTACT:

Kathy Crandall, Buyer Ph: (209) 577-5420
Purchasing Department Ph: (209) 577-5405
Changes of a contractual or business nature shall be affected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

3. TERM OF CONTRACT:

The term of the contract shall be for a period of two (2) years, with three (3) one-year extension options.

Year 1: May 1, 2022 through April 30, 2023
Year 2: May 1, 2023 through April 30, 2024
Year 3: May 1, 2024 through April 30, 2025
Year 4: May 1, 2025 through April 30, 2026
Year 5: May 1, 2026 through April 30, 2027
This Agreement may be renewed for three (3) additional one-year terms by mutual, written agreement of the parties. Such renewal shall be in written form.

Price will remain firm for the first two (2) years of the contract. Price increases for subsequent contract years three (3) through five (5) shall not exceed the Consumer Price Index (CPI) in any one contract year and shall be negotiated through the Purchasing Division. Request for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the City.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

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37 4. LIABILITY INSURANCE:

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 CITY as may be required by the Risk Manager. 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 CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) 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 (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 and $2,000,000 aggregate for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent Contractors and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Waiver of Subrogation - Form required
(e) Additional Insured Status-endorsement – The City of Modesto its officers, officials, employees, agents and volunteers are to be covered as additional insureds.

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38 If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance polices required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects 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 of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.

Every endorsement shall identify the policy number.

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

CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY’s Risk Services Division evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.

5. PAYMENT:

The City is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

At a minimum invoice shall state the following:
 Reference Annual Agreement #: _____________________
 City department/division name and address
 Billing period
 Unit price, extended price, sales tax and total

6. 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, judgments or DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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40 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 Agreement.

7. 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 DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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41 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.

8. GOVERNING LAW:

9. COMMENCEMENT AND COMPLETION OF THE WORK:

Proofs of insurance (approved by Risk Management);
Executed Agreement;
a. Resolution No. ____________ attached hereto as Exhibit “A” and made a part hereof; b. Bid Submittal, attached hereto as Exhibit “B” and made a part hereof; c. RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof;

10. TERMINATION OF SERVICES:

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

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

The City shall provide no less than ten (10) calendar days 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, sub-contractors 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 Sub-contractors, but in no event shall recovery by any CONTRACTOR or Sub-contractors 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;
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43 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 DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #4..
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44 City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

11. COMPLIANCE WITH ALL LAWS:

12. CONTRACT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. ____________ attached hereto as Exhibit “A” and made a part hereof; b. Response to Request for Bid (RFB) and Specifications NO. 2122-03 For Backflow Prevention Testing & Repairs, attached hereto as Exhibit “B” and made a part hereof; c. RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof; d. Proof of Insurance
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.

13. NOTICES:

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

CONTRACTOR _______________________
_______________________
_______________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

14. SIGNATOR(IES) FOR CONTRACTOR:

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

15. 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.

16. WAIVER.

17. HEADINGS NOT CONTROLLING.

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

18. MISCELLANEOUS:

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46 Time is of the essence in every provision of this contract.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City.

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

20. PARTIAL INVALIDITY.

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

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by City Manager and attested by its City Clerk under authority of Resolution No. _________, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2022 and _____________________has caused this Agreement to be duly executed.

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47 A municipal corporation
By:__________________________ By:_________________________________ JOSEPH P. LOPEZ (Signature)
CITY Manager
By:_________________________________
(Name & Title)
ATTEST: Date:_______________________________
By:______________________ By:_________________________________ DANA SANCHEZ (Signature)
Interim City Clerk
By: _________________________________
(SEAL) (Name & Title)
Date:_______________________________
APPROVED AS TO FORM:

By:_________________________________
JOSE M. SANCHEZ
Acting City Attorney
By:_____________________________
CHRISTINA D. ALGER
City Human Resources Manager (Risk)
Signature Requirements
Corporation:

1.Signature of two (2) officers
or

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

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
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48 PRICING SCHEDULE PAGE 1
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING & EMERGENCY REPAIRS
PRICING SCHEDULE PAGE 1
All labor, equipment, tools, fuel 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, and Amendments page”.

ENTER QUOTE PER SINGLE UNIT IN EACH SIZE CATEGORY

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco for parts/materials, however the City may contain devices from other manufacturers such as Ames, Rain Bird, Watts and Wilkins List Unit Price
Estimated
Annual Quantity:
6 +/- 50 +/- 65 +/- 130 +/- 13 +/- 50 +/- 6 +/-
Size: ¾" 1" 1-½" 2" 3" 4" 6"
Double Check
(DC) $ $ $ $ $ $ $
Pressure Vaccum
Breaker (PVB) $ $ $ $ $ $ $
Reduce Pressure
(RP) $ $ $ $ $ $ $
TOTAL $ $ $ $ $ $ $
Please provide your markup percentage _________% NTE 10%.

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49 PRICING SCHEDULE PAGE 2
Modesto Fire Department
All labor, materials/hardware, tools, equipment, licenses, mileage and insurance necessary to perform the required job shall be included in bid pricing. Quote shall include cost to conduct annual testing and certification (averaging approximately 2 units per month), make minor adjustments and prepare written diagnosis with recommendations for corrective measures as necessary. Monthly communication with contract administrator for units tested and or emergency repairs needed. Provide hourly cost for emergency repairs per size of unit.

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco, for Parts/Materials however the City may contain devices from other manufacturers such as Ames, Rain, Watts and Wilkins List Unit Price (Per Test)
Estimated
Annual
Quantity:
2 1 2 9 1
Size: ¾" 1-1/4” 1-½" 2" 8”
Double
Check (DC) $
Double
Check
Detector
Assembly
(DCDA) $
Pressure
Vacuum
Breaker
(PVB) $
Reduce
Pressure (RP) $
TOTAL $ $ $ $ $
Please provide your markup percentage _________% NTE 10%.

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 8, 2022
Date: February 16, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods SUBJECT: Agreement for Backflow Testing and Emergency Repairs CONTACT: Kelly Gallagher, Park Operations Manager, [email protected], (209)342-2270
DESCRIPTION:

Consider approving the Award of Bid and Agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $25,000 and a total amount not to exceed $125,000 over five years. (Funding Source: General Fund, Airport and Centre Plaza Funds) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus on Quality of Life, Goal D: provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The State of California Health and Safety Code requires annual testing of each backflow prevention assembly owned and operated by the City. Pursuant to Modesto Municipal Code 11-

1.113 and California Health and Safety Codes 116800-116820, all backflow prevention assemblies are to be tested annually at the owner/water (City’s) account holder’s expense.

An informal bid for Backflow Prevention Testing Services was issued in 2016. At the time, it was estimated services would not exceed $10,000 annually. In 2018, a purchasing agreement for five years was executed under the City Manager’s authority, in an amount not to exceed $49,000.

On April 27, 2021, by Resolution 2021-160, Council approved an amendment to the Agreement to increase the amount of funding by $13,000 from $49,000 to a new total of $62,000 for the last year of the five-year agreement.

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On October 12, 2021, by Resolution 2021-409, Council approved the second amendment increasing the agreement amount by $3,600 to a new total of $65,600 and extending the term of the agreement to April 30, 2022. This amendment was needed to allow enough time for the Request for Bids process.

The current five-year agreement for Backflow Prevention Testing Services expires on April 30, 2022. It is anticipated the new agreement will begin May 1, 2022.

DISCUSSION:

The City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for backflow prevention testing services. The Purchasing division issued RFB 2122-03, for Backflow Prevention Testing Services on November 5, 2021. Seventeen (17) vendors downloaded the RFB.

Bids were formally due to the City Clerk’s office on December 28, 2021, by 11:00 a.m. One (1) bid was received by Dan Ely Backflow Services, Turlock, CA and was selected as the most responsive and responsible bidder. Purchasing staff and Park Operations staff evaluated the bid.

The Purchasing and Parks Operations divisions recommended the award of bid be forwarded to the City Council for approval of Backflow Prevention Testing services to Dan Ely Backflow Services, Turlock, CA.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures. An award of bid and agreement for Backflow Prevention Testing Services for Parks, Recreation & Neighborhoods department use to Dan Ely Backflow Services, Turlock, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Dan Ely Backflow Services was the lowest responsive and responsible bidder.

FISCAL IMPACT:

The following summarizes compensation paid for the current agreement ending April 30, 2022.

Department 2017 2018 2019 2020 2021 Total
Park Ops 10,350 10,525 10,900 10,525 12,546 54,846
Modesto Centre Plaza - 540 540 480 225 1,785
Public Works 1,375 350 240 400 425 1,900
Modesto Fire Dept. 375 375 375 375 400 2,790
Total 12,100 11,790 12,055 11,780 13,596 $61,321
The following summarizes the proposed compensation for the new agreement. This includes increases for the Consumer Price Index and for future development requiring backflow installations and maintenance.

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City Council, March 8, 2022
Purchase Agreement for Backflow Prevention Testing Services

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Department Annual 5-Years
Park Ops 19,500 97,500
Other Depts 1,500 7,500
Emergency Repairs (Labor Only) 4,000 20,000
TOTAL 25,000 125,000
COMMITTEE RECOMMENDATION:

This item was approved by the Finance Committee on February 14, 2022, which recommended it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Bid and Agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $25,000 and a total amount not to exceed $125,000 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Backflow Prevention Testing Services Agreement - Dan Ely Backflow Services

3. Financial Interest Disclosure

4. RFB 2122-03 Backflow Testing and Emergency Repairs

5. Bid Submittal – Dan Ely Backflow Services
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03/08/2022/PRN/KGallagher/Item 24 1 2022-133

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-133

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR

BACKFLOW PREVENTION TESTING SERVICES TO DAN ELY BACKFLOW SERVICES, TURLOCK, CA FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED
ANNUAL AMOUNT OF $25,000 AND A TOTAL AMOUNT NOT TO EXCEED $125,000 OVER FIVE YEARS, AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the State of California Health and Safety Code requires annual testing of backflow prevention assemblies owned and operated by the City; and WHEREAS, pursuant to Modesto Municipal Code 11-1.113 and California Health and Safety Codes 116800-116820, all backflow prevention assemblies are to be tested annually at the owner/water (City’s) account holder’s expense; and WHEREAS, in 2016, an informal bid for Backflow Prevention Testing Services was issued and it was estimated services would not exceed $10,000 annually; and WHEREAS, in 2018, a purchasing agreement for five years was executed under the City Manager’s authority in an amount not to exceed $49,000 over five years; and WHEREAS, on April 27, 2021, by Reso. 2021-160, Council approved an amendment to the Agreement to increase the amount of funding by $13,000 from $49,000 to a new total of $62,000 for the last year of the five-year agreement; and WHEREAS, on October 12, 2021, by Reso. 2021-409, Council approved the Second Amendment increasing the agreement amount by $3,600 to a new total of $65,600 and extended the term of the agreement to April 30, 2022, to allow enough time for the Request for Bids process; and
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03/08/2022/PRN/KGallagher/Item 24 2 2022-133
WHEREAS, the City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for Backflow Prevention Testing Services on November 5, 2021; and
WHEREAS, seventeen (17) vendors downloaded the RFB; and WHEREAS, bids were formally due to the City Clerk’s office on December 28, 2021 and one bid was received; and
WHEREAS, staff evaluated the bid and recommends the award of bid to Dan Ely Backflow Services, Turlock, CA; 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 formal bid procedures; an award of bid and agreement for Backflow Prevention Testing Services for Parks, Recreation & Neighborhoods department use to Dan Ely Backflow Services, Turlock, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Dan Ely Backflow Services was the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Award of Bid and Agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two-year Agreement with three (3) one-year extension options, for an estimated annual amount of $25,000 and a total amount not to exceed $125,000 over five years.

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

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1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT to the AGREEMENT (“FIRST AMENDMENT”), made and entered into in the City of Modesto, County of Stanislaus, State of California, this _____ day of , 2023, by and between the CITY OF MODESTO, a
municipal corporation of the State of California ("CITY") and SAMEDAY BACKFLOW SERVICE, Manteca, CA, hereinafter collectively referred to as "CONTRACTOR".

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

A. An Agreement (“AGREEMENT”) was entered into by and between CITY and CONTRACTOR on the 1st day of October 2022 to provide backflow prevention testing, repairs and certification services.

B. The AGREEMENT provides that the cost of the AGREEMENT shall not exceed $125,000 based on an estimate of 500+ backflow prevention tests annually.

C. The CITY has required significant repairs due to vandalism and theft to several Backflows exhausting the annual budget and estimates that an additional $100,000 will be needed to ensure sufficient backflow prevention testing services through the end of the AGREEMENT, dated April 30, 2027.

D. CITY and CONTRACTOR desire to amend the AGREEMENT to increase the compensation paid for services identified in the AGREEMENT.

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

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

1. Section 1, subparagraph f. shall be amended to read the following: “CONTRACTOR shall September
12th
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2 furnish the services at the following agreement rates, estimated annual amount of $45,000 and a total not to exceed amount of $225,000.”

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

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3 IN WITNESS WHEREOF, the CITY, a Municipal Corporation, has authorized the execution of this FIRST AMENDMENT to AGREEMENT in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2023, and SAMEDAY BACKFLOW SERVICES, has caused this First Amendment to Agreement to be duly executed. 12th
2023-411
September
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
CHRISTINA ALGER, Director of
Human Resources
Federal ID # ___________
DocuSign Envelope ID: 90E7D563-709D-4124-849E-7AC2D9E152B9 Sameday Backflow Service
Joseph Reyes President
84-4681441
9/15/2023
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1 SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT to the AGREEMENT (“SECOND AMENDMENT”), made and entered into in the City of Modesto, County of Stanislaus, State of California, this _____ day of , 2024, by and between the CITY OF MODESTO, a municipal corporation of the State of California ("CITY") and SAMEDAY BACKFLOW SERVICE, Manteca, CA, hereinafter collectively referred to as "CONTRACTOR".

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

A. An Agreement (“AGREEMENT”) was entered into by and between CITY and CONTRACTOR on the 1st day of October 2022 to provide backflow prevention testing and repairs services.

B. On September 12, 2023, by Reso. 2023-411, Council approved the First Amendment increasing the Agreement amount with CONTRACTOR by $100,000 from $125,000 to a new total amount not to exceed $225,000 over five years.

C. The CITY has cited increased material costs and full backflow replacements have continued to deplete this AGREEMENT and estimates that an additional $425,000 will be needed to ensure sufficient backflow prevention testing and repairs services through the end of the AGREEMENT dated April 30, 2027.

D. CITY and CONTRACTOR desire to amend the AGREEMENT to increase the compensation paid for services identified in the AGREEMENT.

E. CITY and CONTRACTOR now desire to memorialize the change to the terms of the AGREEMENT with this SECOND AMENDMENT.

NOW, THEREFORE, the parties hereto mutually agree to the following:
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2 1. Section 1, subparagraph f. shall be amended to read the following: “CONTRACTOR shall furnish the services at the following agreement rates, estimated annual amount of $130,000 and a total not to exceed amount of $650,000.”

2. Except as modified and amended by this SECOND AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect. #4..
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3 IN WITNESS WHEREOF, the CITY, a Municipal Corporation, has authorized the execution of this SECOND AMENDMENT to AGREEMENT by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2024, and SAMEDAY BACKFLOW SERVICES, has caused this Second Amendment to Agreement to be duly executed. #4..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 15, 2024
Date: March 25, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Report Regarding Virginia Corridor Phase 7 Project Bridge Design Options CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider a report back regarding bridge design options for the Virginia Corridor Phase 7 Project. (Funding Source: Non-Motorized Local Transportation Funds, Parks & Air Qualify CFF, and Various Grants)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Virginia Corridor Trail is the result of conversion of the original Tidewater Southern/Union Pacific Railroad Corridor into a Class I bicycle and pedestrian trail. The long-term plan for the corridor is to provide a Class I trail extending from Modesto Junior College’s East Campus at the southern terminus to Kiernan Ave at the northern terminus (approximately 5 miles). It consists of a 10’ wide pathway flanked by landscaping, benches, lighting, and site amenities. Phases 1 through 6 are complete and the trail now crosses over Briggsmore Avenue and reaches to Woodrow Avenue.

The Virginia Corridor trail has become a well-loved addition to Modesto, receiving a very high rate of use year-round. The Parks, Recreation and Neighborhoods Department’s customer service staff regularly receive calls and questions regarding the trail, its future, and compliments on the value that it brings to their neighborhood.

On February 26, 2019, by Resolution No. 2019-80, Council approved an Agreement with Mark Thomas and Company, Inc., in an amount not to exceed $576,288, for the preparation of #5..
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Report Regarding Virginia Corridor Phase 7 Project Bridge Design Options

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construction documentation for the Virginia Corridor Phase 7 Project, continuing the corridor from Woodrow Avenue to the Hetch-Hetchy right of way at Semallon Drive.

Project design was completed in 2021, the project was delayed due to the need for an agreement with the San Francisco Public Utilities Commission (SFPUC) to obtain permission to construct the northern portion of the project. The grant funding agency would not allow the project to proceed without this agreement in place. On April 10, 2024 the grant funding agency authorized the project to proceed to construction without completing an agreement with SFPUC. The project instead will be completed in two sub-phases with the first subphase being from Woodrow Avenue to West Union Avenue. The rest of the phase 7 project will be constructed once permission is obtained from the San Francisco Public Utilities Commission.

On January 22, 2024, the Safety and Communities Committee recommended forwarding to Council an amendment to the Agreement with Mark Thomas and Company, Inc. At the same time, the Committee directed staff to report back with at least three options for cosmetic improvements to the bridge structure designed at the Standiford Avenue crossing.

On February 6, 2024, by Resolution No. 2024-045, Council approved an amendment to the Agreement with Mark Thomas and Company, Inc., in a new amount not to exceed $646,305, for additional tasks related to construction documentation and bidding & construction support for the project.

DISCUSSION:

The current Virginia Corridor Phase 7 Project design includes a 3-span Corten steel and concrete pedestrian bridge structure spanning over Standiford Avenue. This design was selected as the preferred design by community members and project stakeholders during multiple community design workshops held during the design development phase of the project. This bridge design style was selected because it acknowledges the history of the former Tidewater Southern Railroad on the corridor. The current Virginia Corridor Phase 7 Project design is nearly complete, and the project is currently scheduled to post for construction bidding in early May 2024.

During the Safety and Communities Committee Meeting held on January 22, 2024, Committee members requested City staff to review options to further enhance the design of the Virginia Corridor, Phase 7 pedestrian bridge crossing over Standiford Avenue. Immediately following the Committee meeting, staff reached out to the consultant design engineers to prepare enhanced and alternative bridge design options.

The consulting design engineers, and City staff prepared and reviewed five options to further enhance the design of the pedestrian bridge including redesigning the bridge to be similar to the Briggsmore Avenue crossing, redesigning of the steel bridge structure, adding artistic lighting to the structure, adding artistic steel cutouts, and painting the steel bridge structure.

FISCAL IMPACT:

The current construction cost estimate is approximately $5.5 million, with a total project cost of a little over $7 million. Each design option listed would result in a project delay and increase in design and construction costs. The project design team assessed the benefits and project impacts for each of the proposed design options. The results of this assessment are detailed below:
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Design Alternative #1, Concrete Box Girder Bridge:

This design option would look very similar to the Virginia Corridor pedestrian bridge spanning over Briggsmore Avenue and could result in a potentially more aesthetic bridge design to some community members. This option has a significantly higher construction cost ($2,461,000) than the current bridge design and would require the largest construction delay of any of the options (290 days) to implement design changes. However, this design would have a similar annual maintenance cost to the current Corten steel structure currently in the construction documents for the project.

Design Alternative #1: Cost Estimate
Redesign Cost Change Order $200,000
Added Construction Cost $2,000,000
Redesign Engineering Time Delay 290 Days
Added Inflationary Cost Due to Time Delay $261,000
Total Construction Cost Change: $2,461,000
Annual Maintenance Cost Increase $0
Design Alternative #2, Redesign Steel Structure:

This design option would include a painted steel bridge and could include a more squared modernized bridge appearance which might result in a more aesthetic bridge design to some community members. This option has a significantly higher construction cost ($1,679,500) than the current bridge design, requires a significant construction delay (150 days) to implement design changes, and moderately increases annual maintenance costs by $25,000 (approximately $750,000 over the next 30 years).

Design Alternative #2: Cost Estimate
Redesign Cost Change Order $55,000
Added Construction Cost $1,500,000
Redesign Engineering Time Delay 150 Days
Added Inflationary Cost Due to Time Delay $124,500
Total Construction Cost Change: $1,679,500
Annual Maintenance Cost Increase $25,000
Design Alternative #3, Artistic Lighting:

This design option would include a painted steel bridge and color changing LED lighting display broadcasted onto the steel structure to create a lighted color changing mosaic. This option has a moderately higher construction cost ($619,250) than the current bridge design, requires a significant construction delay (150 days) to implement design changes, and moderately increases annual maintenance costs by $30,000 (approximately $900,000 over the next 30 years).

Design Alternative #3: Cost Estimate
Redesign Cost Change Order $44,000
Added Construction Cost $468,000
Redesign Engineering Time Delay (150) Days
Added Inflationary Cost Due to Time Delay $107,250
Total Construction Cost Change: $619,250
Annual Maintenance Cost Increase $30,000
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Report Regarding Virginia Corridor Phase 7 Project Bridge Design Options

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Design Alternative #4, Artistic Steel Cutouts:

This design option would include painted steel cutout graphics attached to the current bridge structure design. The artistic design style would still need to be determined. This option has a moderately higher construction cost ($347,750) than the current bridge design and requires a significant construction delay (150 days) to implement design changes if installed as part of the Virginia Corridor Phase 7 project construction contract. This option could potentially be designed and installed at a later date which would slightly decrease the cost of implementing this alternative and would minimize the overall delay to the project. This design option minimally increases annual maintenance costs by $5,000 (approximately $150,000 over the next 30 years).

Design Alternative #4: Cost Estimate
Redesign Cost Change Order $45,000
Added Construction Cost $200,000
Redesign Engineering Time Delay (150) Days
Added Inflationary Cost Due to Time Delay $102,750
Total Construction Cost Change: $347,750
Annual Maintenance Cost Increase $5,000
Design Alternative #5, Painted Steel Structure:

This design option would include painting the currently designed Corten steel bridge structure.

This option would have the lowest increase in construction cost ($185,500) than the current bridge design and requires a minimal construction delay (20 days) to implement design changes. This design option moderately increases annual maintenance costs by $25,000 (approximately $750,000 over the next 30 years).

Design Alternative #5: Cost Estimate
Redesign Cost Change Order $4,000
Added Construction Cost $168,000
Redesign Engineering Time Delay (20) Days
Added Inflationary Cost Due to Time Delay $13,500
Total Construction Cost Change: $185,500
Annual Maintenance Cost Increase $25,000
CEQA/NEPA REQUIREMENTS:

A Programmatic Categorical Exclusion (PCE) was approved by Caltrans on July 23, 2005, which covered the entire Virginia Corridor Rails-to-Trails project along the former Union Pacific Railroad right-of-way, for 4.2-miles from the Needham/9th Street to Bangs Avenue. The project description and elements that were assessed for the entire project have not changed, and a re-validation of the PCE was approved by Caltrans on September 21, 2009. The proposed options would not have an impact on CEQA requirements.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion accepting a report back regarding bridge design options for the Virginia Corridor Phase 7 project.
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Report Regarding Virginia Corridor Phase 7 Project Bridge Design Options

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Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 15, 2024
Date: April 11, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
Kevin Wise, Interim Fire Chief
Brandon Gillespie, Chief of Police
SUBJECT: Ordinance Amending the Modesto Municipal Code to Increase Administrative Fines for Illegal Firework Violations
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

Consider amending the Modesto Municipal Code to increase administrative fines for illegal fireworks violations and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life by improving community safety.

BACKGROUND:

Illegal fireworks pose a danger to life and property and are offensive to public peace. Each year, serious injuries and property damage occur from fires sparked by illegal fireworks. The use of illegal fireworks is also detrimental to sensitive populations such as veterans experiencing Post Traumatic Stress Disorder from combat, children, and animals and their owners. In recent years, the City of Modesto has experienced an increase in residents using illegal fireworks.

In past years, the City has issued administrative fines to penalize and deter the use and possession of illegal fireworks. On March 8, 2005, by Ordinance 3378-C.S., the Council approved an administrative penalty in the amount of $500 for the possession, sale, use, or discharge of dangerous fireworks. On April 24, 2007, by Ordinance 3439-C.S., Council approved an increase to the administrative penalty for the possession, sale, use, or discharge of dangerous fireworks to $750. On May 5, 2009, by Ordinance 3515-C.S., the Council increased the administrative penalty for the possession, sale, use, or discharge of dangerous fireworks to $1,000. Based on the continued use of illegal fireworks throughout the years in the City of Modesto, staff #6..
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recommends amending the Municipal code to increase current penalties to help curb this illegal activity.

DISCUSSION:

The proposed changes amend the existing amendments to the Fire Code located in Title 3, Chapter 1, Articles 2 and 3 of the Modesto Municipal Code. If adopted, the administrative fines for offenses related to the possession, use, or discharge of illegal fireworks will be doubled and increase on an escalating scale for subsequent violations. Fines will increase from a $1,000 fine to an escalating fine of $2,000 for the first violation, $3,000 for the second violation within a 36- month period, and $4,000 for subsequent violations within a 36-month period.

Fines for the manufacture and sale of illegal fireworks will be increased from $1,000 per violation, to $10,000 per violation given the enhanced culpability of these acts.

State law allows municipalities to determine what constitutes a public nuisance, and the revision adds a finding that dangerous and illegal fireworks are a public nuisance.

The proposed revisions will also include a new third-party administrative citation provision under Municipal Code section 3-1.304 that allows private citizens who witness a violation to sign an administrative citation to be issued to a violator. This eliminates the need for an enforcement officer to personally witness an offense. The process is similar to a citizen’s arrest under criminal procedure; however, two witnesses would need to sign an affidavit documenting a violation before a citation can be issued.

A new provision is proposed to be added under Municipal Code section 3-1.305 that allows the City to recover first responder costs for enforcement and related damages associated with illegal fireworks. Any damages awarded to the City would be recoverable as a personal debt.

Finally, there will be other minor edits to clean up language throughout the Chapter.

FISCAL IMPACT:

Any administrative fine collected from a violator is distributed into the General Fund. The administrative fines and recovery costs are unknown at this time and will be applied on a caseby-case basis. Increased administrative fines are as follows:
 Increased administrative fines (3-1.303):
o Manufacture and sale of dangerous fireworks increased from $1,000 to $10,000. o Possession, use, or discharge increased from $1,000 to an escalating scale of $2,000 for the first violation, $3,000 for the second violation within a 36-month period, and $4,000 for subsequent violations within a 36-month period.  Response Cost fines (3-1.305):
o Proposed amendment would also include adding a response costs recovery section for enforcement and related costs or damages. These costs will vary and will be applied on a case-by-case basis.
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Ordinance Amending the Modesto Municipal Code to increase administrative fines for Firework Violations

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RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an ordinance amending the Modesto Municipal Code to increase administrative fines for illegal fireworks violations and forwarding to Council for approval.

Approved by:

Jose M. Sanchez, City Attorney
Kevin Wise, Interim Fire Chief
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 15, 2024
Date: February 13, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Modesto Park Equity Resolution
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider a Resolution setting forth Modesto’s commitment to creating equitable parks, and protective and healthy environments, and forwarding to Council for approval. (Funding Source:

Not Applicable)
STRATEGIC PLAN ELEMENT:

This recommended action supports the City’s 2020-2025 Strategic Plan focus on quality of life under B. Invest in Beautification Efforts.

BACKGROUND:

The Park Youth Committee (PYC) is a group of high school students from Modesto, with a collective sense of dedication aiming to achieve park equity in the City of Modesto. The PYC is funded by the All Children Thrive (ACT) initiative, dedicated to improving the well-being of children across California, and supported by the 501(c)(3) nonprofit organization, Tuolumne River Trust.

The PYC was formed to work on the Modesto Park Equity project which is a youth-led initiative, with an overall mission to increase safe park access and recreation for all Modesto residents, by working with community members, local agencies, and Modesto City Council to champion equitable practices to meet these needs.

Through these equitable practices, the PYC wishes to create protective environments; settings that do not harm but rather help and enhance communities. These are environments that are inclusive, safe, accessible and reduce mental stress which is critical in healthy child development and building strong community foundations. The PYC believes that parks are essential protective environments for the health and betterment of the City of Modesto. #7..
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Modesto Park Equity Resolution

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A 10-year study of over 3,000 children in southern California found that those living near parks and recreational programs had lower rates of obesity at age 18 compared with children who lived further away1. As demonstrated by medical research, these benefits include improvements in physical health, by building stronger bones and muscles, improving cardiorespiratory fitness, and reducing the risk of developing chronic cardiovascular disease2; mental health by reducing stress and fatigue and improving brain and cognitive functions; social health by building confidence, leadership skills, and fostering new experiences; and academic performance3. This is especially true for children in impacted communities, who face disproportionate levels of environmental, health, and socioeconomic burdens such as exposure to lead paint, increased levels of cardiovascular disease, low-income, high housing burdens, and linguistic isolation when compared to other areas in the City of Modesto.

Access to local open spaces with equitable amenities, infrastructure and programs are crucial for youth and community health and well-being. Having access to green open spaces provides benefits to both physical and mental health, safe opportunities for the exploration of nature, and strengthens communities by providing a space for all to come together.

DISCUSSION:

For the foundation of the Modesto Park Equity project, the PYC reviewed the City of Modesto’s Park amenities map, criteria between regional, community and neighborhood parks, published socioeconomic and demographic information, and Prop 68 funding results. After analyzing the data, the PYC selected James Marshall Park and Robertson Road Park as the project’s priority parks. They then gathered in person observational data and survey responses for James Marshall, Robertson Road, Freedom and Graceada Park to better understand the current use and functionality of these parks and build the base criteria for each to be examined. The purpose of including Freedom and Graceada park was to have a point of reference and comparison data for James Marshall and Robertson Road, on what active and thriving park spaces look like.

As a community park, Graceada can provide more attractions and amenities than a neighborhood park but highlights how a park can be fully activated as a thriving community space. James Marshall, Robertson Road, and Freedom Park are all classified as Neighborhood parks and provide clear examples of the condition of park infrastructure and amenities between these two areas of Modesto. Freedom Park is a part of the Village One No.2 Community Facilities District (CFD) and receives additional funding for maintenance and upkeep through additional property taxes, unlike James Marshall and Robertson Road Park, which are not part of a CFD.

Once a baseline for the current conditions of these parks was established (via ArcGIS QuickCapture tool) the PYC developed surveys to gain community insight on how James Marshall, Robertson Road, Freedom and Graceada parks are used by visitors, providing comparative data on the residents’ knowledge of and recreational use of the four parks. An additional survey was created to capture more detailed information on residents’ current use of 1 Wolch J, et al. Childhood Obesity and Proximity to Urban Parks and Recreational Resources: A Longitudinal Cohort Study. Health and Place 2010;16(3):137-57
2 Maas, J., et el. (2009). “Morbidity is related to a green living environment.” Journal of Epidemiology and Community Health. Volume 63 (12).
3 Eime, R. et al. 2013. “A systematic review of the psychological and social benefits of participation in sport for children and adolescents: informing development of a conceptual model of health through sport.” International Journal of Behavioral Nutrition and Physical Activity. Volume 10 (98).
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Robertson Road and James Marshall parks, as well as how they used, or why they did not use, these parks.

Surveys were created and distributed to the public through outreach events, emails, and community canvassing. During community outreach events, PYC members were able to collect in-person responses to our survey from both youth and adults and further educate them on the Modesto Park Equity project. The analyzed responses are available through the Data Dashboard.

Currently, the PYC has received 222 responses to their surveys.

According to the survey data, in their current state, 53% of youth and families residing in our impacted communities do not feel safe recreating in their neighborhood parks, specifically in James Marshall and Robertson Road parks. The goal of the PYC is that all Modesto residents feel safe while visiting parks across the city. The PYC supports the efforts of the Modesto Police Department’s Park Ranger Program to address and improve current societal issues and decrease activities at parks that prevent residents from safely accessing their neighborhood park. The PYC believes that the Park Ranger program should receive continued support to ensure beneficial results for all Modesto residents.

One identified barrier is that some portions of the James Marshall and Robertson Road Park neighborhoods are in the County and lack fully developed streets and transportation infrastructure, which inhibits safe access to green spaces and prevents residents from using these spaces the way they were intended. Other significant barriers of park use identified by the surveys were inadequate overhead lighting, stray dogs, illegal activities, and blight.

To sustain equitable practices a Park Equity Resolution was prepared with the goal that Modesto’s parks are safe, attractive, and well-maintained facilities that will reflect the public’s needs and interests and will welcome residents of all ages, cultural backgrounds, and physical capabilities to recreate in Modesto’s parks and open spaces. The Resolution envisions Modesto’s Park System providing accessible recreational, physical, and cultural opportunities for all Modesto residents, with affordable and inclusive programming focused on community development and connections. One of the main tenants of the proposed Resolution is that all Modesto residents deserve safe, healthy, accessible parks and open spaces.

By championing these equitable practices in the decision-making process of parks and open space, the City of Modesto will close the gap between safe accessible parks and our impacted communities, achieving the goal of Park Equity for all Modesto residents.

Over the past four years Parks Planning and Development staff have been able to obtain $17 million in state grant funding for the renovation of Cesar E. Chavez and Dr. Martin Luther King, Jr. Parks. Both parks are in impacted neighborhoods and these park renovations will significantly increase park equity in West Modesto.

In addition, last year Parks Planning and Development staff identified the following park improvement projects which are currently funded by Measure H in James Marshall and Robertson Road Parks:

James Marshall Park:
 The parking lot at the Neighborhood Center at Marshall Park was restriped in summer 2023.
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 Concrete repairs of approximately 1,600 SF were completed in January 2024 to address multiple accessibility issues and tripping hazards.
 Tree trimming throughout the park was completed in January 2024.  Park security lighting upgrades are scheduled for summer 2024 completion.

Robertson Road Park:
 Concrete repairs were completed in January 2024 to address multiple accessibility issues and tripping hazards.
 Basketball court resurfacing is scheduled for spring 2024 completion.  Restroom replacement is scheduled for fall 2024 completion.  Park security lighting upgrades are scheduled for summer 2024 completion.

Parks Planning and Development staff will continue to evaluate the parks system for deferred and preventative maintenance needs that further the goal of park equity throughout the city and will bring priority park improvement projects to Council for consideration.

In addition, Recreation and Park Operations staff will continue to evaluate the parks system and the recreational programming needs that further the goal of park equity throughout the city and will bring priority maintenance needs and program needs to Council for consideration.

FISCAL IMPACT:

The Park Equity Resolution requests an annual report back to the City Council regarding steps taken to implement the Resolution over the past year, additional steps planned during the current year and any desired actions that would need to be taken by the City Council in the coming year.

This annual report would require an estimated annual staff expense of $5,000 - $6,000 for the Parks, Recreation, and Neighborhoods Department to prepare the annual report.

Any future projects that result from the implementation of this Resolution will be brought to Council for approval and associated costs will be determined at that time.

CEQA/NEPA REQUIREMENTS:

The approval of this Resolution is exempt from CEQA/NEPA because it is an administrative action. Any project resulting from this Resolution will be reviewed for CEQA and/or NEPA compliance as required.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Resolution setting forth Modesto’s commitment to creating equitable parks, and protective and healthy environments, and forwarding to Council for approval.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
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Attachments:
1) Draft Resolution
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XX/XX/XX/PRN/NHoux/Item X 1 2024-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION SETTING FORTH MODESTO’S COMMITMENT TO

CREATING EQUITABLE PARKS, AND PROTECTIVE AND HEALTHY

ENVIRONMENTS
WHEREAS, the Park Youth Committee (PYC) was formed by the Tuolumne River Trust (TRT) in cooperation with the All Children Thrive (ACT) initiative to work on the Modesto Park Equity project which is a youth-led initiative, with an overall mission to increase safe park access and recreation for all Modesto residents; and
WHEREAS, increasing opportunities for physical activity, building a connection with nature and outdoor experiences directly benefits cognitive development for people of all ages; and
WHEREAS, access to local open spaces with equitable amenities, infrastructure and programs are crucial for youth and community health and well-being; and WHEREAS, having access to green open spaces provides benefits to both physical and mental health, safe opportunities for the exploration of nature, and strengthens communities by providing a space for all to come together; and
WHEREAS, the PYC supports the efforts of the Modesto Police Department’s Park Ranger Program to address and improve current societal issues and decrease activities at parks that prevent residents from safely accessing their neighborhood park; and WHEREAS, multiple barriers, such as lack of fully developed streets or transportation infrastructure on County streets, inadequate overhead lighting, stray dogs, illegal activities and blight, were identified at James Marshall and Robertson Road Park neighborhoods which prevent residents from safely accessing or using these parks; and #7..
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WHEREAS, community participatory data is collected and implemented in the decision making process for park improvement prioritization and selection; and WHEREAS, in an effort to sustain equitable practices this Park Equity Resolution was prepared with the goal that Modesto’s parks are safe, attractive, and well-maintained facilities that will reflect the public’s needs and interests and will welcome residents of all ages, cultural backgrounds, and physical capabilities to recreate in Modesto’s parks and open spaces; and WHEREAS, this Resolution envisions Modesto’s park system providing accessible recreational, physical and cultural opportunities for all Modesto residents, with affordable and inclusive programming focused on community development and connections; and WHEREAS, one of the main tenants of the proposed Resolution is that all Modesto residents deserve safe, healthy, accessible parks and open spaces; and WHEREAS, Parks Planning and Development staff will continue to evaluate the parks system for deferred and preventative maintenance needs that further the goal of park equity throughout the city and will bring priority park improvement projects to Council for consideration; and
WHEREAS, Recreation and Park Operations staff will continue to evaluate the parks system and the recreational programming needs that further the goal of park equity throughout the city and will bring priority maintenance needs and program needs to Council for consideration; and
WHEREAS, the City of Modesto will continue current efforts to collaborate with Stanislaus County to address infrastructure in county islands to improve streets, sidewalks, and walkability to city parks; and
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WHEREAS, the City of Modesto shall continue to support the Modesto Park Ranger program to address and improve current societal issues and activities at parks; and WHEREAS, the City of Modesto has prioritized investment in parks and shall continue to prioritize park improvements; and
WHEREAS, during the Annual Budget Process, staff will continue updating the Council regarding the City’s commitment to creating equitable parks and protective and healthy environments.

NOW, THEREFORE, LET IT BE RESOLVED that the City Council recognizes that systems, structures, and funding streams related to city parks play a pivotal role in shaping the growth, education, living conditions, and thriving opportunities for children and families in Modesto and are committed to enhancing these protective environments to better serve all residents.

LET IT FURTHER BE RESOLVED, the City of Modesto will take a holistic approach to addressing the economic, societal, and environmental barriers preventing residents from utilizing their public parks, while continuing to support safe, accessible, functional, and healthy parks and recreational programs across the City of Modesto for ALL residents.

LET IT FURTHER BE RESOLVED, that the City Council directs staff to prepare an annual report regarding steps taken to implement the Resolution over the past year, additional steps planned during the current year and any desired actions that would need to be taken by the City Council in the coming year.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the day of , 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call #7..
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carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ,
CMC, City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 15, 2024
Date: February 15, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Upcoming Parks Construction Projects
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider a report on upcoming Parks, Recreation and Neighborhoods Department Capital Improvement Program Projects planned for bidding and construction. (Funding Source: Various CIPs)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In 2017, Council requested that individual Capital Improvement Program (CIP) Projects from the various departments be presented to a standing committee prior to being presented to Council for consideration of award. In an effort to reduce the number of committee reports and improve efficiency, staff prepared a report to provide an update on upcoming Parks CIP Projects that are anticipated to be bid and presented to Council for award within the next six to twelve months.

Staff anticipates bringing an update on parks construction projects to Committee twice a year and the last update was on August 14, 2023.

DISCUSSION:

The following parks projects are anticipated to be bid and presented to Council for award within the next six to twelve months. Though it is not anticipated that additional funding will be necessary to award a construction contract for most of these projects, due to the unpredictable nature of construction bidding it is a possibility for any of these projects. Should additional funding be necessary, staff will identify additional funding options prior to that specific item being forwarded to City Council for consideration.
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Cesar E. Chavez Park Renovation, Dr. Martin Luther King Jr. Park Renovation and Dryden Golf Course Clubhouse Renovation are not included in this report although they are anticipated to have a construction contract award in the next 6-12 months. These three projects will be brought to committee as individual items at the time of construction contract award due to the high cost of these projects and their high-profile nature.

Grant/Locally Funded Projects
Virginia Corridor, Phase 7 (100813)
The project will continue the Tidewater Railroad Rails-to-Trail conversion program, the Virginia Corridor, Phase 7 Trail Project will complete construction of (0.75) mile of Class 1 bike trail between Woodrow Ave and Semallon Drive; and construct a grade separated (bridge structure) crossing over Standiford Ave. Staff will be bidding this project in two subphases, the first of which will be bid in spring 2024.

Construction Budget: $5,431,737
Contingency: $450,000
Construction Administration: $450,000
Bid Support/Engineering Support During Construction-City: $75,000 TOTAL: $6,406,737
Downey Shade Structure (100922) and Parking Lot (101427) Replacement This project will replace the current shade structure and associated concrete below with a new structure and concrete. In addition, the project will replace the current parking lot and address ADA accessibility from the parking lot to the group picnic area. This project is expected to be out to bid by summer 2024.

Construction Budget: $453,600
Contingency: $45,360
Construction Administration: $45,360
Bid Support/Engineering Support During Construction-City: $4,500 TOTAL: $548,820
Mary E. Grogan Community Park – Phase 2 (101017)
This project will include completion of the second phase of Mary E. Grogan Community Park, which will include grading, drainage, irrigation, landscaping, sidewalks, play area, shade structure, drinking fountains, picnic tables, benches, security lighting and other park amenities.

This project is expected to be out to bid by the end of March 2024.

Construction Budget: $3,099,300
Contingency: $250,000
Construction Administration: $250,000
Bid Support/Engineering Support During Construction-City: $45,000 TOTAL: $3,644,300
Measure H Funded Projects
Parks, Recreation and Neighborhoods staff established a multi-year plan to systematically address the deferred and preventative maintenance in our park system. In June 2023, Council #8..
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approved the FY 2023-2024 budget, which included $6,100,000 of Measure H funding for deferred park maintenance projects and $2,170,000 of Measure H funding for preventative park maintenance projects. The projects listed in this category are the larger projects that will require formal bidding and therefore subsequent Council action. Some of the smaller projects funded this year will be completed under budget (such as basketball court & tennis court resurfacings and restroom shade canopy removals) and some are anticipated to need additional funding. As these Measure H projects complete bidding, staff will identify additional funding sources when these projects are reviewed by the City Council for award.

Measure H - Mary E. Grogan Park Synthetic Turf Replacement (101517 and 101511) This project consists of replacement of the replacement of the existing three (3) synthetic turf fields with new synthetic turf. In addition, the project will include related repairs to the existing irrigation and drainage systems as needed. This project is expected to be out to bid by the end of March 2024.

Construction Budget: $2,034,000
Contingency: $162,720
Construction Administration: $162,720
Bid Support/Engineering Support During Construction-City: $40,680 TOTAL: $2,400,120
Measure H - Playground Replacements at Eight Parks (101517) This project involves the replacement of playgrounds at eight City parks: Coleman Brown Park, Lakewood Park, Aqueduct Park, Mildred Perkins Park, Riverside Park, Davis Park, Orchard Park, and City Gate Children’s Park. In February 2023, six of the eight parks replacements were approved for purchase by Council. Staff still needs to bid the installation of these six playgrounds in addition to the purchase and installation of the other two playgrounds. This project is expected to be out to bid by the end of spring 2024.

Due to inflation, it is anticipated that an additional $700,000 of funding will be necessary to award a construction contract for this project. Staff will identify additional funding options prior to this item being forwarded to City Council for consideration.

Construction Budget: $1,992,000
Contingency: $199,200
Construction Administration: $199,200
Bid Support/Engineering Support During Construction-City: $29,600 TOTAL: $2,420,000
Measure H - Restroom Replacements at Three Parks (101517) This project involves the replacement of restrooms at three City parks: Graceada Park, Mark Twain Park and Robertson Road Park. In November 2023, three restroom replacements were approved for purchase by Council. Staff still needs to bid the installation of these three restrooms. This project is expected to be out to bid by summer 2024.

Construction Budget: $1,125,000
Contingency: $112,500
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Construction Administration: $112,500
Bid Support/Engineering Support During Construction-City: $10,000 TOTAL: $1,360,000
Measure H - Security Lighting Upgrades at Various Parks (101518) This project involves the upgrade of security lighting at four City parks: Chrysler Park, Robertson Road Park, Pike Park, and Marshall Park. This project is expected to be out to bid by the end of spring 2024.

Construction Budget: $546,875
Contingency: $54,687
Construction Administration: $54,687
Bid Support/Engineering Support During Construction-City: $10,937 TOTAL: $667,186
Measure H - Tennis Court Lighting Upgrades (101517)
This project involves the upgrade of tennis court lighting at five City parks: Downey Park, Davis Park, Beyer Park, Roosevelt Park, East La Loma Park. This project is expected to be out to bid by the end of April 2024.

Due to inflation, it is anticipated that an additional $200,000 of funding will be necessary to award a construction contract for this project. Staff will identify additional funding options prior to this item being forwarded to City Council for consideration.

Construction Budget: $160,000
Contingency: $12,800
Construction Administration: $12,800
Bid Support/Engineering Support During Construction-City: $3,200 TOTAL: $188,800
Tuolumne River Regional Park Projects
Carpenter Road Area Soccer Complex, Phase 2 (101061)
This project involves construction of 2-3 Soccer fields, parking lot, security lighting, landscape, and irrigation at the Carpenter Road Area Soccer Complex to the east of Bellenita Park in west Modesto. This contract was previously awarded, but was terminated on December 11, 2023, and will need to be rebid. This project is expected to be out to bid by the end of February 2024.

Construction Budget: $1,321,611
Contingency: $132,161
Construction Administration: $132,161
Bid Support/Engineering Support During Construction-City: $66,208 TOTAL: $1,652,141
TRRP Area B Improvements (101432 and 101478)
This project involves the renovation of the picnic area, restroom, and parking lot slurry seal. #8..
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In January 2024, the restroom replacement was approved for purchase by Council. Staff still needs to bid the installation of the restroom and the picnic area and parking lot construction.

This project is expected to be out to bid by summer 2024.

Construction Budget: $566,406
Contingency: $56,640
Construction Administration: $56,640
Bid Support/Engineering Support During Construction-City: $8,500 TOTAL: $688,186
Mancini Park Playground (101477)
This project involves the construction of a new play area including the purchase and installation of new playground equipment at Mancini Park. This project is expected to be out to bid by summer 2024.

Construction Budget: $370,000
Contingency: $37,000
Construction Administration: $18,000
Bid Support/Engineering Support During Construction-City: $7,400 TOTAL: $432,400
Tuolumne River Regional Park (TRRP) River Overlook (101109) This project involves construction of a river overlook at the TRRP Gateway Parcel which will include pathways, elevated walkway and habitat restoration. This project is expected to be out to bid by late 2024.

Construction Budget: $649,133
Contingency: $65,001
Construction Administration: $65,000
Bid Support/Engineering Support During Construction-City: $8,000 TOTAL: $787,134
Staff is presenting this report of upcoming parks construction projects to the Safety and Communities Committee prior to seeking Council approval for award of the individual construction projects. As each project is presented to Council for approval, actions may include award of construction projects; and, if necessary, approval of agreement for construction management services, approval of agreement for engineering support during construction, approval of increase in Director’s Authority, and budget adjustment.

FISCAL IMPACT:

Anticipated project construction expenditures are reflected in the Discussion section above.

Once bids are received and evaluated for responsiveness, staff will present these items to Council for approval.

CEQA/NEPA REQUIREMENTS:

CEQA and/or NEPA documentation will be completed for each individual project and will be noted in the agenda report when each item is brought to Council for consideration. #8..
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RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion accepting a report on upcoming Parks, Recreation and Neighborhoods Department Capital Improvement Program Projects planned for bidding and construction.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
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Safety and Communities Committee
April 15, 2024