DISCUSSION:
On October 27, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for sewer & storm pipe and fittings.
On December 4, 2023, the Purchasing Division issued Invitation for Bids (IFB) 2324-43 for the purchase of sewer & storm pipe and fittings. Prospective bidders were notified online, via email and phone call of the bid opportunity. Nineteen companies chose to download the IFB document.
On January 9, 2024, bids were formally opened in the City Clerk’s office. Two companies chose to respond, and one local vendor participated. Both companies provided responsive and responsible bids.
Due to staffing challenges, the previous agreement had been underutilized; however, with increased staffing, department staff anticipate needing the requested funding for upcoming projects.
Based on providing the overall lowest responsive and responsible bid, staff recommends the award of bid for the procurement of sewer & storm pipe and fittings to the lowest bidder, Ferguson Waterworks, for a two-year agreement with three one-year extension options at the sole discretion of the City, for an annual estimated cost of $175,000 and a total cost not to exceed $875,000 over five years.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. The award of IFB 2324-43 and agreements for sewer & storm pipe and fittings to Ferguson Waterworks, Modesto CA conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Ferguson Waterworks was the lowest responsive and responsible bidder.
FISCAL IMPACT:
Actual expenditures for the current sewer & storm pipe and fittings agreement are listed below:
CY1 CY2 CY3 CY4 CY5
CY5 EST
REMAINING TOTAL
$96,333 $44,995 $104,484 $58,232 $30,583 $30,583 $365,210 With current pricing per IFB 2324-43 and accounting for potential Consumer Price Index (CPI) and Producer Price Index (PPI) increases over the next five years, staff estimates an annual estimated cost of $175,000 and a total not to exceed $875,000 over five years. Funds are allocated across the following accounts:
FUND BUDGETED AMOUNT
Storm Drain Fund $75,000
Sewer Fund $75,000
Water Fund $25,000
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City Council, April 23, 2024
Sewer & Storm Pipe and Fittings
ANNUAL ESTIMATED TOTAL $175,000
FIVE (5) YEAR TOTAL NOT TO EXCEED $875,000
COMMITTEE RECOMMENDATION:
This item was presented to Finance Committee on March 18, 2024 and was approved to move forward to the City Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Award of Bid and Agreement for Sewer & Storm Pipe and Fittings to the Ferguson Waterworks, Modesto CA for a two-year Agreement with three one-year extension options at the sole discretion of the City, for an annual estimated cost of $175,000 and a total cost not to exceed $875,000 over five years and authorizing the Director of Finance, or her designee, to execute the Agreement.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Annual Agreement – Ferguson Waterworks
3. Exhibit B, Bid Submittal Ferguson Waterworks
4. Exhibit C, IFB 2324-43, Sewer & Storm Pipe and Fittings
5. Cost Abstract IFB 2324-43
6. Financial Interest Disclosure – Ferguson Waterworks
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR
SEWER & STORM PIPE AND FITTINGS TO THE FERGUSON WATERWORKS,
MODESTO, CA FOR A TWO-YEAR AGREEMENT WITH THREE ONE-YEAR
EXTENSION OPTIONS AT THE SOLE DISCRETION OF THE CITY, FOR AN ANNUAL ESTIMATED COST OF $175,000 AND A TOTAL COST NOT TO EXCEED $875,000 OVER FIVE YEARS AND AUTHORIZING THE DIRECTOR OF FINANCE, OR HER DESIGNEE, TO EXECUTE THE AGREEMENT.
WHEREAS, Sewer and Storm Water Collections Divisions maintains over 670 miles of sewer system, 13,000 maintenance holes, 9,500 rock wells, 170 miles of storm drains, and 24 storm basins, and
WHEREAS, these items are currently being purchased by obtaining three quotes, and staff decided that these should be competitively bid, and WHEREAS, the City Manager authorized the Purchasing Manager to issue formal Invitation for Bids (IFB) for the purchase of sewer & storm pipe and fittings, and WHEREAS, the Purchasing Division issued IFB No. 2324-43 for the purchase of sewer & storm pipe and fittings, and
WHEREAS, nineteen prospective bidders downloaded the bid, and WHEREAS, bids were formally opened in the City Clerk’s Office. Two (2) companies chose to respond, one of which was a local vendor, and WHEREAS, both companies responded with responsive and responsible bids, and WHEREAS, based on providing the lowest responsive and responsible bid, City staff recommends the award of bids for the purchase of sewer & storm pipe and fittings to Ferguson Waterworks, Modesto, CA for a two (2) year agreement with three (3) one-year extension options at the sole discretion of the City, for an estimated annual cost of $175,000 and a total not to exceed $875,000 over five (5) years, and #8..
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2 WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid, and
WHEREAS, the award of bids for the purchase of sewer & storm pipe and fittings to Ferguson Waterworks, Modesto CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the award of bid for the Wastewater Division for the purchase of sewer & storm pipe and fittings Ferguson Waterworks, Modesto, CA for a two (2) year agreement with three (3) one-year extension options at the sole discretion of the City, for an estimated annual amount not to exceed $175,000 and a total amount not to exceed $875,000 over five (5) years.
BE IT FURTHER RESOLVED that the Director of Finance, or her designee, is hereby authorized to issue the sewer & storm pipe and fittings agreement, in a form approved by the City Attorney.
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3 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of April, 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:____________________________________
JOSE M. SANCHEZ, City Attorney
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1 ANNUAL PURCHASE AGREEMENT #269783
FOR SEWER & STORM PIPE AND FITTINGS
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _____ day of ______________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Ferguson Waterworks, Modesto CA a Corporation, hereinafter called VENDOR,
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2024-_____ authorizing the Award of Bid and agreement for the purchase of sewer & storm pipe and fittings, materials, supplies or equipment described herein (the “GOODS”) to Ferguson Waterworks, Modesto CA, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the VENDOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and VENDOR shall enter into an agreement for the purchase of sewer and storm pipe and fittings,as described in IFB 2324-43, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of TWO YEARS with THREE one-year extension options at the sole discretion of City, for a total of up to five years.
Year one: April 23, 2024 THROUGH April 22, 2025
Year two: April 23, 2025 THROUGH April 22, 2026
Year three: April 23, 2026 THROUGH April 22, 2027
Year four: April 23, 2027 THROUGH April 22, 2028
Year five: April 23, 2028 THROUGH April 23, 2029
2. PRICING:
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2 A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $175,000. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $875,000.
B. Pricing during AGREEMENT Year one shall be as set forth in Exhibit A Pricing, attached hereto and made a part hereof by this reference.
C. Pricing shall remain firm for the first two years of the AGREEMENT.
D. Price increases for each subsequent AGREEMENT years three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12 month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area of Modesto, California or specified Producer Price Index (PPI) for the given commodity. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least 60 days prior to the annual anniversary date of the AGREEMENT.
3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.
4. ORDERING: Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.
5. PAYMENT: All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected] . As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY via the following payment method “Net 45 Days via manual check”.
6. AMENDMENTS: No changes to this AGREEMENT shall be effective unless documented by a written amendment to this AGREEMENT and signed by the parties hereto with CITY represented by the Purchasing Division.
7. TERMINATION:
A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
B. CITY may terminate this AGREEMENT for convenience upon 30 days prior notice to VENDOR by CITY’s authorized employee.
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3 8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after come due to VENDOR, or send an invoice to the VENDOR which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the CITY. In the event that the VENDOR 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. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.
9. RESPONSIBILITY: Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.
10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B. Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.
11. CHANGES: A purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid PO. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given therefore.
12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.
13. INSURANCE: Any purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.
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4 14. TAX EXEMPTIONS: The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.
15. INDEMNITIES:
A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.
B. VENDOR shall hold the CITY and its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.
16. 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 law provisions or principles.
17. VENUE: Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEYS’ FEES. If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The Vendor shall assume full responsibility for the defense of any claims arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it.
20. NOTICES: Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid addressed as follows:
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5 CONTRACTOR: Ferguson Waterworks
1600 Lone Palm Ave
Modesto, CA 95351
Shane Stowe
[email protected]
(916) 758-0711
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance.
22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.
23. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY. Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
24. PARTIAL INVALIDITY: If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT by its Director of Finance under authority of Resolution No. 2024- ______adopted by the Council of the City of Modesto on the ________ day of __________________, 2024 and Ferguson Waterworks has caused this Agreement to be duly executed. #8..
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6 Exhibit A Pricing
Agreement - 269783
ITEM
# STOCK # DESCRIPTION UOM UN PRC
1 107300 BARREL CONCRETE 48" X 12" GASKET TYPE Each $418.00 2 107305 BARREL CONCRETE 48" X 18" GASKET TYPE Each $453.00 3 107310 BARREL CONCRETE 48" X 24" GASKET TYPE Each $575.00 4 107320 BARREL CONCRETE 48" X 36" GASKET TYPE Each $756.30 5 107330 BARREL CONCRETE 48" X 48" GASKET TYPE Each $811.80 6 107340 BARREL CONCRETE 48" X 48" PERFORATED TYPE Each $2,470.00 7 107500 CONE CONCRETE 48" X 24" X 18" GASKET TYPE Each $500.00 8 107510 CONE CONCRETE 48" X 24" X 24"" GASKET TYPE Each $506.00 9 107520 CONE CONCRETE 48" X 24" X 36" GASKET TYPE Each $681.00 10 107550 CONE ECCENTRIC 48" X 24" X 36" GASKET TYPE Each $706.00 11 107590 RING CONCRETE GRADE 24" X 2" Each $119.00
12 107600 RING RISER 24" X 3" CONCRETE Each $95.00
13 107875 POLY SEAL 1" (PIRANHA PIPE) Box $181.00
14 109140 RING RISER 24" X 4" CONCRETE Each NO BID
15 109150 RING RISER 24" X 6" CONCRETE Each $125.00
16 110300 4" SDR 35 STOP COUPLING GASKETED Each $14.70
17 114000 4" SDR35 REPAIR CPLG GASKETED Each $14.70
18 117110 6" CLAY TO 6" CI SHIELDED COUPLER Each $57.30 19 117141 4” CI/PL * 3 CI/PL COUPLING FERNCO Each $6.30 20 117142 4” CI/PL *CI/PL COUPLING FERNCO Each $5.90
21 117143 4” DI/AC * CI/PL COUPLING FERNCO Each $6.30
22 117145 4” CLAY CI/PL COUPLING WEST COAST FERNCO Each $5.90 23 117150 6" CLAY TO 6" CI/PL CPLR W/SR WEST COAST
FERNCO Each $57.30
24 117160 8" CLAY TO 8" CI/PL CPLR W/SR WEST COAST
FERNCO Each $65.20
25 117170 10" CLAY TO CI/PL CPLG W/SR VWEST COAST
FERNCO Each $84.80
26 119045 10" PVC END CAP GASKETED SDR 35 Each $120.90
27 119050 12" PVC END CAP SDR 35 Each $181.50
28 132235 6" HAND TITE EXP PIPE PLUG Each $20.90
29 132240 8" HAND TITE EXP PIPE PLUG Each $39.80
30 132245 10" HAND TITE EXP PIPE PLUG Each $311.40
31 132250 12" HAND TITE EXP PIPE PLUG Each $337.20
32 132260 8 INSIDE GRIPPER MECH PLUG Each $39.80
33 135720 MULTI SIZE INSERTA TEE 6" TO 12" Each $153.70 34 135730 MULTI SIZE INSERTA TEE 15" AND LARGER Each $680.20 35 136965 ELBOW ABS H x S 22.5 3" Each $10.30
36 137000 ELBOW H X S ABS 45° 4" BELL Each $13.10
37 137010 ELBOW H X H ABS 45° 4" PLAIN Each $12.90
38 137070 ELBOW H X H ABS 90° 4" PLAIN Each $16.10
39 137100 4" 45 BEND GXS PVC SDR 35 Each $10.70
40 137110 4" 45 BEND GXG PVC SDR 35 Each $11.90
41 137130 6" 45 BEND GXG PVC SDR 35 Each $24.10
42 137140 6" 45 BEND GXS PVC SDR 35 Each $21.30
43 137160 4" 22-1/2 BEND GXS PVC SDR 35 Each $11.30
44 137165 4" 22-1/2 GXG PVC SDR 35 Each $11.90
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7 45 137170 6" 22-1/2 BEND GXS PVC SDR 35 Each $22.10
46 137175 6" 22-1/2 BEND GXG PVC SDR 35 Each $23.30
47 137180 8" 22-1/2 BEND GXS PVC SDR 35 Each $70.90
48 137185 8" 22-1/2 BEND GXG PVC SDR 35 Each $67.90
49 137190 ABS PIPE 4" X GS 22-1/2 BEND SDR 35 Each $11.30 50 137200 4" 90 BEND GXS PVC SDR 35 Each $13.70
51 137205 4" 90 BEND GXG PVC SDR 35 Each $14.90
52 137210 6" 90 BEND GXS PVC SDR 35 Each $29.00
53 137215 6" 90 BEND GXG PVC SDR 35 Each $27.40
54 137220 8" 90 BEND GXS PVC SDR 35 Each $78.20
55 137225 8" 90 BEND GXG PVC SDR 35 Each $75.70
56 137230 10" 90 BEND GXS PVC SDR 35 Each $253.00
57 137235 10" 90 BEND GXG PVC SDR 35 Each $254.70
58 137245 12" 90 BEND GXG PVC SDR 35 Each $329.60
59 137250 12" 90 BEND GXS PVC SDR 35 Each $322.10
60 137255 ABS PIPE 4" X GS 90 BEND SDR 35 Each $13.70
61 137404 COMBO ABS/DWV 4IN Each $34.30
62 137535 4"X4" PVC SWR GXGXG WYE SDR 35 Each $20.40
63 137540 6"X4" PVC SWR GXGXG WYE SDR 35 Each $41.40
64 137545 6"X6" PVC SWR GXGXG WYE SDR 35 Each $46.90
65 137550 8"X4" PVC SWR GXGXG WYE SDR 35 Each $61.80
66 137555 8"X6" PVC SWR GXGXG WYE SDR 35 Each $73.60
67 137560 10"X4"PVC SWR GXGXG WYE SDR 35 Each $187.70
68 137565 10"X6" PVC SWR GXGXG WYE SDR 35 Each $190.90
69 137570 12"X4" PVC SWR GXGXG WYE SDR 35 Each $270.30
70 137575 12"X6" PVC SWR GXGXG WYE SDR 35 Each $278.70
71 137580 15"X6" PVC SWR GXGXG WYE SDR 35 Each $488.30
72 137590 10"X6" PVC SWR GXGXG WYE SDR 26 Each $243.10
73 137595 ABS 4" X 4" X 4" WYE SDR35 each $24.70
74 137620 6"CI/PVC TO 6" CI/PVC COUPLER Each $12.50
75 137714 ADAPTER ABSDWV FEMALE 3IN HXH Each $6.60
76 137720 6" PVC SWR HUB FEM CO ADPT SDR 35 Each $26.90 77 137721 PLUG, THREADED ABS/DWV 3IN Each $2.30
78 137725 6" PVC SWR RH THRD CO PLUG SDR 35 Each $17.40 79 137730 SAN TEE ABS 4" X 4" X 4" Each $22.20
80 137900 GEOTEX 541 FABRIC 15' X 360' 4OZ. Rolls $346.00 81 143110 LANSAS MUTI SIZE DOMEHEAD 8"-12" Each $499.00 82 159960 CEMENT ABS PIPE BLACK 32 OZ Each $10.60
83 160000 3-12 PIPE CLNR/DESCALER Each $105.50
84 163800 4" SDR 35 22-1/2 ELL GASKETED Each $11.90
85 163930 4" SDR 35 45 ELL GASKETED Each $11.90
86 164845 10" SDR35 90 ELL GASKETED Each $254.70
87 172200 COUPLER, ABS 4” PLASTIC H X H Each $5.70
88 172210 COUPLER, ABS 6” PLASTIC H X H Each $23.90
89 193420
PIPE, HDPE PERFORATED DRAINAGE
36IN X 20 FT Foot $62.00
90 193500 4" X PER FT PVC SDR35 GASKETED SEWER PIPE Foot $2.60 91 193510 6" X PER FT. PVC SDR 35 GASKETED SEWER PIPE Foot $6.00 92 193515 8" X PER FT. PVC SDR 35 GASKETED SEWER PIPE Foot $10.80 93 193520 10" X PER FT. PVC SDR 35 GASKETED SEWER PIPE Foot $16.80 94 193525 12" X PER FT. PVC SDR35 GASKETED SEWER PIPE Foot $24.10 95 193526 12" X PER FT. PVC SDR26 GASKETED SEWER PIPE Foot $31.90 #8..
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8 96 193530 15" X PER FT. PVC SDR35 GASKETED SEWER PIPE Foot $35.60 97 193540 PIPE SDR26 6" X 14 FT LENGTH/EA Each $112.00
98 193545 PIPE SDR26 8" X 14 FT LENGTH/EA Each $203.00
99 193550 PIPE SDR26 10" X 14 FT LENGTH/EA Each $315.00 100 193565 PIPE SDR26 15" X 14 FT LENGTH/EA Each $679.00 101 193600 PIPE ABS 4" X 20FT LENGTH/EA Each $82.00
102 193620 PIPE ABS 6" X 20FT LENGTH/EA Each $226.00
103 200865 RAPTOR 16 OZ BRICK HAMMER Each $22.60
104 200870 G-5 BOX VLV BX L/LID Each $46.90
105 200875 G-5VLV BX CI LID SEWER Each $29.10
106 204635 SOIL PIPE CUTTER 246 Each $750.00
107 204640 4" HD WET DIA CORE BIT Each $173.80
108 206110 4X5 21 WIRE FLAG WHIT 100PK Each $10.00
109 209170 1X15 RAT W.VINYL OPEN HOOK Each $14.60
110 209175 GALV SHACKLE W/PIN 8-1/2 TON Each $18.70
111 209180 3/4 GALV SHACKLE W/PIN 4-3/4 TON Each $8.60
112 305110 1 GAL. 8LB. JOINT LUBE NSF NEW FORM Gallon $14.70 113 200860L5/16 RAPTOR NH TORQ WRCH 5/16 60# Each $45.30 #8..
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-43
FOR
SEWER & STORM PIPE AND FITTINGS
BID OPENING: JANUARY 9, 2024 at 11:00 A.M.
CITY OF MODESTO CONTACT: Michelle Tapley, Senior Buyer
E-MAIL ADDRESS: [email protected]
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2 Table of Contents
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE ........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 A. BID SUBMITTAL: ...................................................................................................................... 7 E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: .................................................. 7 F. COMPLETE BID DOCUMENT: .................................................................................................... 7 G. COMPLIANCE/NON-COMPLIANCE: ...................................................................................... 8 M. BID PROTEST AND APPEAL PROCEDURES: ..................................................................... 10 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION ................................................................... 19 BID FORM C –PRICING SCHEDULE ............................................................................................... 20 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS .......................... 31 BID FORM E – BIDDER CUSTOMER REFERENCES .................................................................... 32 BID FORM F - FINANCIAL INTEREST DISCLOSURE .................................................................. 34 BID FORM G – SUPPORT OF LOCAL VENDORS.......................................................................... 36 BID FORM H - BIDDER COMPANY HISTORY STATEMENT ..................................................... 37 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 38 BID FORM J – BIDDER WARRANTY STATEMENTS ................................................................... 39 BID FORM K - SUBCONTRACTOR LIST ......................................................................................... 40 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 41
1.1 SCOPE OF WORK: ........................................................................................................................ 41
1.2 PRODUCTS SUBSTITUTIONS: ................................................................................................... 41 SAMPLE AGREEMENT ......................................................................................................................... 43 #8..
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3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Sewer & Storm Pipe and Fittings equipment, materials, supplies and/or related services (the “Goods”) for the City of Modesto, Utilities Department, Wastewater Services Division.
All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Goods pricing herein, and not separately charged to the City). Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..
Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to January 9, 2024 at 11:00 A.M., at which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public, but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.
Bids will be received only at the address shown above, and prior to the time indicated. Any Bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Bidder unopened.
All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated.
The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #8..
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4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER”
BID IN RESPONSE TO INVITATION FOR BIDS # 2324-43
BID OPENING DATE: JANUARY 9, 2024 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:
MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK
CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600,
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.
No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #8..
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5 CALENDAR OF EVENTS
Event Date
IFB Issued December 4, 2023
Written Questions Due via Email December 11, 2023
Addendum Issued (if required) December 18, 2023 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, January 9, 2024 Contract Award Approximately March 2024
CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.
PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #8..
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6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, January 9, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.
The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 469-998-7409,,961656049# United States, Dallas
Phone Conference ID: 961 656 049#
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus three copies of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.
B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.
D. BIDDER EXCEPTIONS: All exceptions taken to this IFB and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.
Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Goods required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Goods with exceptions.
E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.
F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be submitted to the City in the order listed (note – some forms require signature):
Bid Form A - IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Support of Local Vendors
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8 Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K - Subcontractor List
Failure to furnish any of these documents may result in disqualification.
G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be deemed non-responsive.
H. PROPOSED PRICING FORMAT:
The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Goods shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.
I. AWARD OF BID:
The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs.
The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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9 The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the commodity to be purchased, and the criteria listed in Modesto Municipal Code Section 8-
3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
J. SUPPORT OF LOCAL VENDORS: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-
3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5%of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.
L. BIDDER REPRESENTATION: Bidder represents that:
Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. #8..
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10 Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. Bidder will complete the proposed provision of Goods for the compensation stated in any resultant agreement.
Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Goods and all risks in connection therewith. Bidder represents that it is fully qualified to perform the proposed provision of Goods in accordance with the terms of any resultant agreement within the time specified therein.
M. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.
Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.
Protest Procedures
Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
Subcontractors are not eligible to submit bid protests. A Bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. #8..
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11 The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.
All protests to the Director of Finance shall either be delivered to:
City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Director of Finance
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12 PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.
Further protest appeals shall either be delivered to:
City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.
All protest appeals to the City Council shall either be delivered to:
City Clerk’s Office
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13 Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.
A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.
The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.
The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying #8..
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14 their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #8..
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15 BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.
Bidder’s Bid must contain the following applicable elements completed as described more-fully herein.
The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission (please note which forms require signature):
COMPLETE BID ELEMENTS
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Support of Local Vendors
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K - Subcontractors List
Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission.
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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).
This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:
1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid. (b) Quote price as specified in Bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.
2. Failure to Submit Bid: If you are not submitting a Bid but want to remain on the mailing list and receive future Bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.
3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 60 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un- #8..
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17 patented invention, article or appliance furnished or used in connection with the contract or purchase order.
6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.
7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30 day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
16-digit credit card number
Expiration date
Security code
Total dollar amount of invoices to be paid
Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. #8..
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18 Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.
9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Goods, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.
10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.
11. Two “Inked” Signed Original Bid Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. One additional copy and one electronic copy provided on a USB drive will accompany the “inked” originals.
12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.
THE undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the Goods specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through K, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.
Bidder Company Name:
Bidder Headquarters Address:
City/State/Zip:
Signature/Title/Date:
#8..
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19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):
E. Website Address: www.___________
F. Contact Person Details: Name:
Title:
Phone (Office):
Phone (Mobile):
Mailing Address (Street Address, City, State, Postal Code):
Fax Number:
Email:
G. Federal Taxpayer
Identification Number
(TIN):
H. Dun & Bradstreet
(DUNS) Number:
I. Names and Titles of
Top Three Bidder
Officers:
J. Years in Business:
K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):
L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until any
contract begins):
#8..
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20 BID FORM C –PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required provision of Goods shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.
ITEM STOCK NO. MATERIAL UOM
EST.
ANNUAL
QUANTITY
UNIT PRICE EXTENDED PRICE
1 107300
BARREL CONCRETE
48" X 12" GASKET
TYPE Each 1 $ $
2 107305
BARREL CONCRETE
48" X 18" GASKET
TYPE Each 100 $ $
3 107310
BARREL CONCRETE
48" X 24" GASKET
TYPE Each 1 $ $
4 107320
BARREL CONCRETE
48" X 36" GASKET
TYPE Each 1 $ $
5 107330
BARREL CONCRETE
48" X 48" GASKET
TYPE Each 20 $ $
6 107340
BARREL CONCRETE
48" X 48"
PERFORATED TYPE Each 200 $ $
7 107500
CONE CONCRETE 48"
X 24" X 18" GASKET
TYPE Each 20 $ $
8 107510
CONE CONCRETE 48"
X 24" X 24"" GASKET
TYPE Each 20 $ $
9 107520
CONE CONCRETE 48"
X 24" X 36" GASKET
TYPE Each 1 $ $
#8..
- 507 -
21 10 107550
CONE ECCENTRIC
48" X 24" X 36"
GASKET TYPE Each 1 $ $
11 107590
RING CONCRETE
GRADE 24" X 2" Each 1 $ $
12 107600
RING RISER 24" X 3"
CONCRETE Each 1 $ $
13 107875
POLY SEAL 1"
(PIRANHA PIPE) Box 5 $ $
14 109140
RING RISER 24" X 4"
CONCRETE Each 50 $ $
15 109150
RING RISER 24" X 6"
CONCRETE Each 20 $ $
16 110300
4" SDR 35 STOP
COUPLING
GASKETED Each 100 $ $
17 114000
4" SDR35 REPAIR
CPLG GASKETED Each 300 $ $
18 117110
6" CLAY TO 6" CI
SHIELDED COUPLER Each 600 $ $
19 117141
4” CI/PL * 3 CI/PL
COUPLING FERNCO Each 100 $ $
20 117142
4” CI/PL *CI/PL
COUPLING FERNCO Each 100 $ $
#8..
- 508 -
22 21 117143
4” DI/AC * CI/PL
COUPLING FERNCO Each 100 $ $
22 117145
4” CLAY CI/PL
COUPLING WEST
COAST FERNCO Each 100 $ $
23 117150
6" CLAY TO 6" CI/PL
CPLR W/SR WEST
COAST FERNCO Each 600 $ $
24 117160
8" CLAY TO 8" CI/PL
CPLR W/SR WEST
COAST FERNCO Each 500 $ $
25 117170
10" CLAY TO CI/PL
CPLG W/SR VWEST
COAST FERNCO Each 500 $ $
26 119045
10" PVC END CAP
GASKETED SDR 35 Each 10 $ $
27 119050
12" PVC END CAP
SDR 35 Each 100 $ $
28 132235
6" HAND TITE EXP
PIPE PLUG Each 20 $ $
29 132240
8" HAND TITE EXP
PIPE PLUG Each 20 $ $
30 132245
10" HAND TITE EXP
PIPE PLUG Each 20 $ $
31 132250
12" HAND TITE EXP
PIPE PLUG Each 20 $ $
#8..
- 509 -
23 32 132260
8 INSIDE GRIPPER
MECH PLUG Each 10 $ $
33 135720
MULTI SIZE INSERTA
TEE 6" TO 12" Each 5 $ $
34 135730
MULTI SIZE INSERTA
TEE 15" AND
LARGER Each 5 $ $
35 136965
ELBOW ABS H x S
22.5 3" Each 17 $ $
36 137000
ELBOW H X S ABS
45° 4" BELL Each 2 $ $
37 137010
ELBOW H X H ABS
45° 4" PLAIN Each 2 $ $
38 137070
ELBOW H X H ABS
90° 4" PLAIN Each 2 $ $
39 137100
4" 45 BEND GXS PVC
SDR 35 Each 300 $ $
40 137110
4" 45 BEND GXG PVC
SDR 35 Each 300 $ $
41 137130
6" 45 BEND GXG PVC
SDR 35 Each 300 $ $
42 137140
6" 45 BEND GXS PVC
SDR 35 Each 300 $ $
43 137160
4" 22-1/2 BEND GXS
PVC SDR 35 Each 300 $ $
#8..
- 510 -
24 44 137165
4" 22-1/2 GXG PVC
SDR 35 Each 300 $ $
45 137170
6" 22-1/2 BEND GXS
PVC SDR 35 Each 300 $ $
46 137175
6" 22-1/2 BEND GXG
PVC SDR 35 Each 300 $ $
47 137180
8" 22-1/2 BEND GXS
PVC SDR 35 Each 300 $ $
48 137185
8" 22-1/2 BEND GXG
PVC SDR 35 Each 300 $ $
49 137190
ABS PIPE 4" X GS 22-
1/2 BEND SDR 35 Each 500 $ $
50 137200
4" 90 BEND GXS PVC
SDR 35 Each 300 $ $
51 137205
4" 90 BEND GXG PVC
SDR 35 Each 300 $ $
52 137210
6" 90 BEND GXS PVC
SDR 35 Each 300 $ $
53 137215
6" 90 BEND GXG PVC
SDR 35 Each 300 $ $
54 137220
8" 90 BEND GXS PVC
SDR 35 Each 300 $ $
55 137225
8" 90 BEND GXG PVC
SDR 35 Each 300 $ $
#8..
- 511 -
25 56 137230
10" 90 BEND GXS PVC
SDR 35 Each 200 $ $
57 137235
10" 90 BEND GXG
PVC SDR 35 Each 200 $ $
58 137245
12" 90 BEND GXG
PVC SDR 35 Each 200 $ $
59 137250
12" 90 BEND GXS PVC
SDR 35 Each 200 $ $
60 137255
ABS PIPE 4" X GS 90
BEND SDR 35 Each 500 $ $
61 137240
WYE PVC 6" H X H X
H BELL AND SPEED
SEAL X 4" SIDE BELL Each 2 $ $
62 137280
WYE PVC 6" X 6" H X
H X H BELL AND
SPEED SEAL X 6"
SIDE BELL Each 2 $ $
63 137300
WYE PVC 8" X 4" H X
H X H BELL AND
SPEED SEAL X 4"
SIDE BELL Each 2 $ $
64 137404
COMBO ABS/DWV
4IN Each 17 $ $
65 137535
4"X4" PVC SWR
GXGXG WYE SDR 35 Each 500 $ $
66 137540
6"X4" PVC SWR
GXGXG WYE SDR 35 Each 500 $ $
67 137545
6"X6" PVC SWR
GXGXG WYE SDR 35 Each 500 $ $
#8..
- 512 -
26 68 137550
8"X4" PVC SWR
GXGXG WYE SDR 35 Each 500 $ $
69 137555
8"X6" PVC SWR
GXGXG WYE SDR 35 Each 500 $ $
70 137560
10"X4"PVC SWR
GXGXG WYE SDR 35 Each 200 $ $
71 137565
10"X6" PVC SWR
GXGXG WYE SDR 35 Each 200 $ $
72 137570
12"X4" PVC SWR
GXGXG WYE SDR 35 Each 100 $ $
73 137575
12"X6" PVC SWR
GXGXG WYE SDR 35 Each 100 $ $
74 137580
15"X6" PVC SWR
GXGXG WYE SDR 35 Each 50 $ $
75 137590
10"X6" PVC SWR
GXGXG WYE SDR 26 Each 10 $ $
76 137595
ABS 4" X 4" X 4" WYE
SDR35 each 500 $ $
77 137620
6"CI/PVC TO 6"
CI/PVC COUPLER Each 500 $ $
78 137714
ADAPTER ABSDWV
FEMALE 3IN HXH Each 80 $ $
79 137720
6" PVC SWR HUB
FEM CO ADPT SDR 35 Each 25 $ $
#8..
- 513 -
27 80 137721
PLUG, THREADED
ABS/DWV 3IN Each 108 $ $
81 137725
6" PVC SWR RH THRD
CO PLUG SDR 35 Each 25 $ $
82 137730
SAN TEE ABS 4" X 4"
X 4" Each 2 $ $
83 137900
GEOTEX 541 FABRIC
15' X 360' 4OZ. Rolls 60 $ $
84 143110
LANSAS MUTI SIZE
DOMEHEAD 8"-12" Each 2 $ $
85 159960
CEMENT ABS PIPE
BLACK 32 OZ Each 65 $ $
86 160000
3-12 PIPE
CLNR/DESCALER Each 2 $ $
87 163800
4" SDR 35 22-1/2 ELL
GASKETED Each 300 $ $
88 163930
4" SDR 35 45 ELL
GASKETED Each 300 $ $
89 164845
10" SDR35 90 ELL
GASKETED Each 10 $ $
90 172200
COUPLER, ABS 4”
PLASTIC H X H Each 6 $ $
91 172210
COUPLER, ABS 6”
PLASTIC H X H Each 6 $ $
#8..
- 514 -
28 92 193420
PIPE, HDPE
PERFORATED DRAIN
36IN X 20 FT Foot 500 $ $
93 193500
4" X PER FT PVC
SDR35 GASKETED
SEWER PIPE Foot 2000 $ $
94 193510
6" X PER FT. PVC SDR
35 GASKETED
SEWER PIPE Foot 4000 $ $
95 193515
8" X PER FT. PVC SDR
35 GASKETED
SEWER PIPE Foot 4000 $ $
96 193520
10" X PER FT. PVC
SDR 35 GASKETED
SEWER PIPE Foot 4000 $ $
97 193525
12" X PER FT. PVC
SDR35 GASKETED
SEWER PIPE Foot 2000 $ $
98 193526
12" X PER FT. PVC
SDR26 GASKETED
SEWER PIPE Foot 500 $ $
99 193530
15" X PER FT. PVC
SDR35 GASKETED
SEWER PIPE Foot 1000 $ $
100 193540
PIPE SDR26 6" X 14
FT LENGTH/EA Each 10 $ $
101 193545
PIPE SDR26 8" X 14
FT LENGTH/EA Each 10 $ $
102 193550
PIPE SDR26 10" X 14
FT LENGTH/EA Each 10 $ $
103 193565
PIPE SDR26 15" X 14
FT LENGTH/EA Each 10 $ $
#8..
- 515 -
29 104 193600
PIPE ABS 4" X 20FT
LENGTH/EA Each 10 $ $
105 193620
PIPE ABS 6" X 20FT
LENGTH/EA Each 10 $ $
106 200865
RAPTOR 16 OZ BRICK
HAMMER Each 5 $ $
107 200870
G-5 BOX VLV BX
L/LID Each 600 $ $
108 200875
G-5VLV BX CI LID
SEWER Each 600 $ $
109 204635
SOIL PIPE CUTTER
246 Each 4 $ $
110 204640
4" HD WET DIA CORE
BIT Each 2 $ $
111 206110
4X5 21 WIRE FLAG
WHIT 100PK Each 2 $ $
112 209170
1X15 RAT W.VINYL
OPEN HOOK Each 10 $ $
113 209175
GALV SHACKLE
W/PIN 8-1/2 TON Each 10 $ $
#8..
- 516 -
30 114 209180
3/4 GALV SHACKLE
W/PIN 4-3/4 TON Each 10 $ $
115 305110
1 GAL. 8LB. JOINT
LUBE NSF NEW
FORM Gallon 5 $ $
116
200860L5/16RAPTOR NH TORQ
WRCH 5/16 60# Each 5 $ $
Subtotal $
Tax 8.875% $
Total $
Payment Terms:
Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):
Choose One:
Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: ___________________________
Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.
THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the Goods specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
#8..
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31 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.
Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.
Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.
Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
#8..
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32 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of Goods and related services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.
The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of Goods:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of Goods:
Annual Contract Value $
#8..
- 519 -
33 Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of Goods:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of Goods:
Annual Contract Value $
#8..
- 520 -
34 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.
Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.
For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.
Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.
Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-
10.03(h) are satisfied.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
#8..
- 521 -
35 Print Names of Persons Having a Financial Interest in Bidder Receiving this Contract:
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
#8..
- 522 -
36 BID FORM G – SUPPORT OF LOCAL VENDORS
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-
3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.
Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.
To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.
Check here:
I declare I am a local business per the above criteria
Bidder Company Name:
City of Modesto Address (Street,
City, State, Postal Code:
City of Modesto Business License
Number:
Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:
Print/Type Name:
Title:
Signature:
Date:
#8..
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37 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the Goods and related services described in this Invitation for Bids (IFB).
The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:
Bidder Company Legal Name: Insert Bidder Logo Here (if existent):
Insert Bidder Company History Overview Statement Beginning Here:
#8..
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38 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.
Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB, and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.
Do not attach any of the addenda to this sheet nor include them with the Bid.
If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.
But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.
The Bid is submitted with respect to the changes to the IFB included in addenda numbers:
List All Addenda Numbers, Separated by Commas
(“,”):
Bidder Company Name:
#8..
- 525 -
39 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term and conditions in conformance with the specifications and requirements set forth in this IFB.
Notwithstanding any other provisions of this IFB, Bidder warrants that the Goods furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the Goods and related services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.
All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.
Bidder Company Legal Name: Insert Bidder Logo Here (if existent):
Insert Bidder Warranty Statement Beginning Here:
#8..
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40 BID FORM K - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform.
Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
Bidder Company Name:
#8..
- 527 -
41 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
1.1 SCOPE OF WORK:
The City of Modesto, Utilities Department, Wastewater Division requires the purchase of pipe and materials for use when repairing sewer and storm pipes, catch basins, maintenance holes, and the like. At the City’s request the materials may be delivered or shipped to various locations within the City of Modesto. All materials will be utilized on an “as needed” basis, throughout the term of the contract. Any reference to brand name is intended to be descriptive and not restrictive.
1.2 PRODUCTS SUBSTITUTIONS:
No substitutions are allowed where indicated. If quoting any brand other than those listed, identify the brand and part number in the space provided. If pounds, length, ounces, package or box quantities, etc. are different than what is listed or implied by manufacturer’s part number, your differences must be noted. Substitutions must be equal to or exceed the quality of the item described. Any reference to brand name is intended to be descriptive and not restrictive. City of Modesto personnel will determine the acceptability of a substitute.
Bidder shall supply only the brand name bid, however, should the Bidder experience difficulty or delays in obtaining supplies of the brand bid, Bidder may substitute an approved equal after receiving permission from the City of Modesto Purchasing Manager or designee. The cost of substitution shall not be greater than bid price.
1.3 DELIVERY:
Location: City of Modesto
To be Determined at Time of Order
Modesto, CA 95354
Days of Week: Monday through Thursday (excluding holidays) Delivery Hours: 7:00 A.M. to 3:00 P.M. or as specified by Division All deliveries shall be made within fifteen (15) business days of receipt of order. Each delivery shall include a manifest. Each delivery shall be signed for by the requesting Division, or an onsite City employee, if delivered to a specific project site. Tags without proper City signatures will not be paid. (If City forces are not present at the site when product is delivered, it will be the responsibility of the Contractor to contact the City within twenty-four (24) hours to verify delivery receiving written confirmation by City).
All Invoices shall include the Stock Number listed on the Pricing Schedule.
1.4 DELIVERY REPORT:
The successful Bidder(s) shall provide Goods delivery reports upon City request. Reports shall include all Goods delivered during the time period requested. At a minimum the report shall include City Stock number, Manufacturer Stock number, Manufacturer nomenclature, quantity, unit price, extended price, and total price.
Reports shall be delivered to the following address or alternatively as requested by the Purchasing Division via email to the City of Modesto:
City of Modesto
#8..
- 528 -
42 Purchasing Division
P.O. Box 642
Modesto, CA 95353
1.5 CONTRACTUAL CHANGES:
Changes of a contractual or business nature shall be effected only by written change to the contract by the City of Modesto, Purchasing Division.
1.6 CHARACTER OF WORKERS:
If any person employed by the Bidder 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 site on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City site.
1.7 DELAY BY THE CITY:
Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Bidder to delay in the provision of Goods and related services shall be grounds for extension of time on the part of the Bidder to complete the work, but shall give the Contractor no damages for such delay.
1.8 TERM OF CONTRACT:
The term of the contract shall be for a period of two-years with three (3) one-year extension options at the sole discretion of City, for a total of three (5) years.
A. Pricing shall remain firm for the first two years of any contract, which may be awarded pursuant to this RFB.
B. Price increases for subsequent contract years three, four, and five, shall not exceed the Producer Price Index (PPI) for West Urban Area in any one 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. #8..
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43 SAMPLE AGREEMENT
ANNUAL PURCHASE AGREEMENT – GOODS
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 202X, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called VENDOR,
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 202X-_____ authorizing the Award of Bid and agreement for the [????????] materials, supplies or equipment described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and VENDOR shall enter into an agreement for the [???????? ]SERVICES as described in IFB ????-??, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of TWO YEARS with THREE one-year extension options at the sole discretion of City, for a total of up to five years.
Year one: MONTH DAY, 20xx THROUGH MONTH DAY, 20xx
Year two: MONTH DAY, 20xx THROUGH MONTH DAY, 20xx
Year three: MONTH DAY, 20xx THROUGH MONTH DAY, 20xx
Year four: MONTH DAY, 20xx THROUGH MONTH DAY, 20xx
Year five: MONTH DAY, 20xx THROUGH MONTH DAY, 20xx
2. PRICING:
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44 A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $_____________. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $_____________.
B. Pricing during AGREEMENT Year one shall be as set forth in Exhibit A Pricing, attached hereto and made a part hereof by this reference.
C. Pricing shall remain firm for the first year of the AGREEMENT.
D. Price increases for each subsequent AGREEMENT years two, three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12 month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area of Modesto, California. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least 60 days prior to the annual anniversary date of the AGREEMENT.
3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.
4. ORDERING: Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.
5. PAYMENT: All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected] . As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY via the following payment method [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]
6. AMENDMENTS: No changes to this AGREEMENT shall be effective unless documented by a written amendment to this AGREEMENT and signed by the parties hereto with CITY represented by the Purchasing Division.
7. TERMINATION:
A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
B. CITY may terminate this AGREEMENT for convenience upon 30 days prior notice to VENDOR by CITY’s authorized employee.
8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu #8..
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45 thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after come due to VENDOR, or send an invoice to the VENDOR which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the CITY. In the event that the VENDOR 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. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.
9. RESPONSIBILITY: Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.
10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B. Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.
11. CHANGES: A purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid PO. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given therefore.
12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.
13. INSURANCE: Any purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.
14. TAX EXEMPTIONS: The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.
15. INDEMNITIES:
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46 A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.
B. VENDOR shall hold the CITY and its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.
16. 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 law provisions or principles.
17. VENUE: Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEYS’ FEES. If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The Vendor shall assume full responsibility for the defense of any claims arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it.
20. NOTICES: Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid addressed as follows:
CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
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47 P.O. Box 642
Modesto, CA 95353
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance.
22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.
23. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY. Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
24. PARTIAL INVALIDITY: If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT in duplicate by its Director of Finance under authority of Resolution No. 20??- ?? adopted by the Council of the City of Modesto on the _____________ day of _____________________, 20?? and _____________________has caused this Agreement to be duly executed.
CITY OF MODESTO, VENDOR
A municipal corporation
By: __________________________ By: _________________________________ DEANNA CHRISTENSEN, (Signature)
Director of Finance
_________________________________
(Name & Title)
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MODESTO, CA STOCKTON, CA
ITEM # STOCK # ITEM/DESCRIPTION QTY UNIT OF
FERGUSON
ENTERPRISES PACE SUPPLY
ISSUE UN PRC UN PRC
1 107300 BARREL CONCRETE 48" X 12" GASKET TYPE 1 Each $418.00 NO BID 2 107305 BARREL CONCRETE 48" X 18" GASKET TYPE 100 Each $453.00 NO BID 3 107310 BARREL CONCRETE 48" X 24" GASKET TYPE 1 Each $575.00 NO BID 4 107320 BARREL CONCRETE 48" X 36" GASKET TYPE 1 Each $756.30 NO BID 5 107330 BARREL CONCRETE 48" X 48" GASKET TYPE 20 Each $811.80 NO BID 6 107340 BARREL CONCRETE 48" X 48" PERFORATED TYPE 200 Each $2,470.00 NO BID 7 107500 CONE CONCRETE 48" X 24" X 18" GASKET TYPE 20 Each $500.00 NO BID 8 107510 CONE CONCRETE 48" X 24" X 24"" GASKET TYPE 20 Each $506.00 NO BID 9 107520 CONE CONCRETE 48" X 24" X 36" GASKET TYPE 1 Each $681.00 NO BID 10 107550 CONE ECCENTRIC 48" X 24" X 36" GASKET TYPE 1 Each $706.00 NO BID 11 107590 RING CONCRETE GRADE 24" X 2" 1 Each $119.00 NO BID 12 107600 RING RISER 24" X 3" CONCRETE 1 Each $95.00 $90.00 13 107875 POLY SEAL 1" (PIRANHA PIPE) 5 Box $181.00 NO BID 14 109140 RING RISER 24" X 4" CONCRETE 50 Each NO BID NO BID 15 109150 RING RISER 24" X 6" CONCRETE 20 Each $125.00 $104.48 16 110300 4" SDR 35 STOP COUPLING GASKETED 100 Each $14.70 $17.35 17 114000 4" SDR35 REPAIR CPLG GASKETED 300 Each $14.70 $17.35 18 117110 6" CLAY TO 6" CI SHIELDED COUPLER 600 Each $57.30 $75.73 19 117141 4” CI/PL * 3 CI/PL COUPLING FERNCO 100 Each $6.30 $7.18 20 117142 4” CI/PL *CI/PL COUPLING FERNCO 100 Each $5.90 $6.98 21 117143 4” DI/AC * CI/PL COUPLING FERNCO 100 Each $6.30 $7.20 22 117145 4” CLAY CI/PL COUPLING WEST COAST FERNCO 100 Each $5.90 $6.98 23 117150 6" CLAY TO 6" CI/PL CPLR W/SR WEST COAST FERNCO 600 Each $57.30 $75.73 24 117160 8" CLAY TO 8" CI/PL CPLR W/SR WEST COAST FERNCO 500 Each $65.20 $86.15 25 117170 10" CLAY TO CI/PL CPLG W/SR VWEST COAST FERNCO 500 Each $84.80 $112.07 26 119045 10" PVC END CAP GASKETED SDR 35 10 Each $120.90 $143.45 27 119050 12" PVC END CAP SDR 35 100 Each $181.50 $215.48 28 132235 6" HAND TITE EXP PIPE PLUG 20 Each $20.90 $23.85 29 132240 8" HAND TITE EXP PIPE PLUG 20 Each $39.80 $45.39 30 132245 10" HAND TITE EXP PIPE PLUG 20 Each $311.40 $342.15 31 132250 12" HAND TITE EXP PIPE PLUG 20 Each $337.20 $370.47 32 132260 8 INSIDE GRIPPER MECH PLUG 10 Each $39.80 $45.39 33 135720 MULTI SIZE INSERTA TEE 6" TO 12" 5 Each $153.70 NO BID 34 135730 MULTI SIZE INSERTA TEE 15" AND LARGER 5 Each $680.20 NO BID 35 136965 ELBOW ABS H x S 22.5 3" 17 Each $10.30 $13.36 36 137000 ELBOW H X S ABS 45° 4" BELL 2 Each $13.10 $14.86 37 137010 ELBOW H X H ABS 45° 4" PLAIN 2 Each $12.90 $14.62 38 137070 ELBOW H X H ABS 90° 4" PLAIN 2 Each $16.10 $18.25 39 137100 4" 45 BEND GXS PVC SDR 35 300 Each $10.70 $12.63 40 137110 4" 45 BEND GXG PVC SDR 35 300 Each $11.90 $14.04 41 137130 6" 45 BEND GXG PVC SDR 35 300 Each $24.10 $28.49 42 137140 6" 45 BEND GXS PVC SDR 35 300 Each $21.30 $25.25 43 137160 4" 22-1/2 BEND GXS PVC SDR 35 300 Each $11.30 $13.33 44 137165 4" 22-1/2 GXG PVC SDR 35 300 Each $11.90 $14.02 45 137170 6" 22-1/2 BEND GXS PVC SDR 35 300 Each $22.10 $26.22 46 137175 6" 22-1/2 BEND GXG PVC SDR 35 300 Each $23.30 $27.62 47 137180 8" 22-1/2 BEND GXS PVC SDR 35 300 Each $70.90 $84.09 48 137185 8" 22-1/2 BEND GXG PVC SDR 35 300 Each $67.90 $80.46 49 137190 ABS PIPE 4" X GS 22-1/2 BEND SDR 35 500 Each $11.30 NO BID 50 137200 4" 90 BEND GXS PVC SDR 35 300 Each $13.70 $16.25 51 137205 4" 90 BEND GXG PVC SDR 35 300 Each $14.90 $17.66 52 137210 6" 90 BEND GXS PVC SDR 35 300 Each $29.00 $34.35 53 137215 6" 90 BEND GXG PVC SDR 35 300 Each $27.40 $32.50 54 137220 8" 90 BEND GXS PVC SDR 35 300 Each $78.20 $92.76 55 137225 8" 90 BEND GXG PVC SDR 35 300 Each $75.70 $89.89 56 137230 10" 90 BEND GXS PVC SDR 35 200 Each $253.00 $300.28 57 137235 10" 90 BEND GXG PVC SDR 35 200 Each $254.70 $302.32 58 137245 12" 90 BEND GXG PVC SDR 35 200 Each $329.60 $391.25 59 137250 12" 90 BEND GXS PVC SDR 35 200 Each $322.10 $382.26 60 137255 ABS PIPE 4" X GS 90 BEND SDR 35 500 Each $13.70 NO BID 61 137404 COMBO ABS/DWV 4IN 17 Each $34.30 $44.52
62 137535 4"X4" PVC SWR GXGXG WYE SDR 35 500 Each $20.40 $24.21 63 137540 6"X4" PVC SWR GXGXG WYE SDR 35 500 Each $41.40 $49.09 64 137545 6"X6" PVC SWR GXGXG WYE SDR 35 500 Each $46.90 $55.58 65 137550 8"X4" PVC SWR GXGXG WYE SDR 35 500 Each $61.80 $73.25 66 137555 8"X6" PVC SWR GXGXG WYE SDR 35 500 Each $73.60 $87.34 67 137560 10"X4"PVC SWR GXGXG WYE SDR 35 200 Each $187.70 $222.80 68 137565 10"X6" PVC SWR GXGXG WYE SDR 35 200 Each $190.90 $226.48 69 137570 12"X4" PVC SWR GXGXG WYE SDR 35 100 Each $270.30 $320.79 70 137575 12"X6" PVC SWR GXGXG WYE SDR 35 100 Each $278.70 $330.80 71 137580 15"X6" PVC SWR GXGXG WYE SDR 35 50 Each $488.30 $579.58 72 137590 10"X6" PVC SWR GXGXG WYE SDR 26 10 Each $243.10 $288.49 73 137595 ABS 4" X 4" X 4" WYE SDR35 500 each $24.70 $32.12 74 137620 6"CI/PVC TO 6" CI/PVC COUPLER 500 Each $12.50 $13.84 75 137714 ADAPTER ABSDWV FEMALE 3IN HXH 80 Each $6.60 $14.18
CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB NO. 2324-43 SEWER & STORM PIPE AND FITTINGS
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76 137720 6" PVC SWR HUB FEM CO ADPT SDR 35 25 Each $26.90 $39.18 77 137721 PLUG, THREADED ABS/DWV 3IN 108 Each $2.30 $5.71 78 137725 6" PVC SWR RH THRD CO PLUG SDR 35 25 Each $17.40 $21.71 79 137730 SAN TEE ABS 4" X 4" X 4" 2 Each $22.20 $25.23 80 137900 GEOTEX 541 FABRIC 15' X 360' 4OZ. 60 Rolls $346.00 $999.96 81 143110 LANSAS MUTI SIZE DOMEHEAD 8"-12" 2 Each $499.00 $831.63 82 159960 CEMENT ABS PIPE BLACK 32 OZ 65 Each $10.60 $13.63 83 160000 3-12 PIPE CLNR/DESCALER 2 Each $105.50 $143.16 84 163800 4" SDR 35 22-1/2 ELL GASKETED 300 Each $11.90 NO BID 85 163930 4" SDR 35 45 ELL GASKETED 300 Each $11.90 NO BID 86 164845 10" SDR35 90 ELL GASKETED 10 Each $254.70 NO BID 87 172200 COUPLER, ABS 4” PLASTIC H X H 6 Each $5.70 $7.41 88 172210 COUPLER, ABS 6” PLASTIC H X H 6 Each $23.90 $31.08 89 193420 PIPE, HDPE PERFORATED DRAINAGE 36IN X 20 FT 500 Foot $62.00 NO BID 90 193500 4" X PER FT PVC SDR35 GASKETED SEWER PIPE 2000 Foot $2.60 $2.93 91 193510 6" X PER FT. PVC SDR 35 GASKETED SEWER PIPE 4000 Foot $6.00 $6.73 92 193515 8" X PER FT. PVC SDR 35 GASKETED SEWER PIPE 4000 Foot $10.80 $12.24 93 193520 10" X PER FT. PVC SDR 35 GASKETED SEWER PIPE 4000 Foot $16.80 $19.04 94 193525 12" X PER FT. PVC SDR35 GASKETED SEWER PIPE 2000 Foot $24.10 $27.40 95 193526 12" X PER FT. PVC SDR26 GASKETED SEWER PIPE 500 Foot $31.90 $36.29 96 193530 15" X PER FT. PVC SDR35 GASKETED SEWER PIPE 1000 Foot $35.60 $40.45 97 193540 PIPE SDR26 6" X 14 FT LENGTH/EA 10 Each $112.00 $126.98 98 193545 PIPE SDR26 8" X 14 FT LENGTH/EA 10 Each $203.00 $226.80 99 193550 PIPE SDR26 10" X 14 FT LENGTH/EA 10 Each $315.00 $353.36 100 193565 PIPE SDR26 15" X 14 FT LENGTH/EA 10 Each $679.00 $805.42 101 193600 PIPE ABS 4" X 20FT LENGTH/EA 10 Each $82.00 $84.00 102 193620 PIPE ABS 6" X 20FT LENGTH/EA 10 Each $226.00 $243.00 103 200865 RAPTOR 16 OZ BRICK HAMMER 5 Each $22.60 $54.55 104 200870 G-5 BOX VLV BX L/LID 600 Each $46.90 $52.91
105 200875 G-5VLV BX CI LID SEWER 600 Each $29.10 $40.96 106 204635 SOIL PIPE CUTTER 246 4 Each $750.00 $750.26
107 204640 4" HD WET DIA CORE BIT 2 Each $173.80 NO BID 108 206110 4X5 21 WIRE FLAG WHIT 100PK 2 Each $10.00 $20.00 109 209170 1X15 RAT W.VINYL OPEN HOOK 10 Each $14.60 NO BID 110 209175 GALV SHACKLE W/PIN 8-1/2 TON 10 Each $18.70 NO BID 111 209180 3/4 GALV SHACKLE W/PIN 4-3/4 TON 10 Each $8.60 NO BID 112 305110 1 GAL. 8LB. JOINT LUBE NSF NEW FORM 5 Gallon $14.70 $23.00 113 200860L-5/16 RAPTOR NH TORQ WRCH 5/16 60# 5 Each $45.30 $120.32 #8..
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Ferguson Waterworks
Shane Stowe
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
April 23, 2024
Date: March 25, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Second Amendment to Circle Clamps & Gaskets Agreement CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:
Consider approving a Second Amendment with Ferguson Waterworks, Modesto CA, for the purchase of circle clamps, gaskets, pipe couplings, tapping sleeves and sewer materials to a total revised amount of $2,995,000 over five (5) years. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.
BACKGROUND:
The Finance Department, Central Stores Division inventories circle clamps, gaskets, pipe couplings and tapping sleeves for the Water Division, for use in the setup and repair of water main lines and installation of residential water services and meters.
Competitively bidding and inventorying these products benefits the City in many ways including the following:
Obtaining best pricing through economies of scale
Products readily available in one location
Staff time reduction in processing one-time bids throughout the year The City Manager authorized the Purchasing Manager to issue formal Request for Bids (RFB) for the purchase of circle clamps, gaskets, pipe couplings, tapping sleeves and sewer materials.
On July 14, 2020, by Resolution 2020-306, Council approved a 1-year purchase agreement, with (4) four 1-year extension options with Ferguson Waterworks for the purchase of circle clamps, gaskets, pipe couplings, tapping sleeves and sewer materials for an annual estimated amount not to exceed $340,000, and a five-year total not to exceed $1,700,000.
On June 14, 2022, by Resolution 2022-271, Council approved an annual increase of $235,000 for a revised annual amount not to exceed $575,000 and an amount not to exceed $2,405,000 #9..
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City Council April 23, 2024
Second Amendment to Circle Clamps & Gaskets Agreement
over 5 years. Additional funds were needed due to force majeure pricing resulting from market volatility. Manufacturers were unable to maintain market pricing on a majority of commodities for this agreement.
DISCUSSION:
Over the life of this agreement Staff have received multiple price increases from vendors who stated that market volatility and supply chain issues resulting from COVID-19, and manufacturing shutdowns, created an unstable market, which is now starting to stabilize. The price increases have been substantiated by the Producer Price Index (PPI).
Staff conducts quarterly industry meetings with the vendor to understand industry and market trends and validates any price increase requests utilizing the PPI. Market trend reviews are documented on a price increase analysis spreadsheet.
Due to market volatility, manufacturers were not holding annual pricing, thus making it difficult for vendors to maintain pricing on city agreements. Manufacturers were only offering quotes that were valid for 30 to 90 days depending on material type. Certain markets, such as, polyvinyl chloride (PVC) and ductile iron have tripled in cost over the past year as materials were in short supply and experiencing market volatility. Further compounding the ductile iron market is the Russia-Ukraine war. Magnesium, a main component in ductile parts, is predominantly manufactured in Russia and the Ukraine.
This agreement has seen an increase in demand usage, as data shows an average 50% year over year increase. This increase can be attributed to more staff time working on projects that may have been postponed due to lack of staffing and the COVID-19 pandemic. Approving this amendment will ensure that the City can continue to purchase parts and supplies in order to provide safe drinking water.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f), “Where the Purchasing Manager in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”
FISCAL IMPACTS:
The current agreement has a total estimated annual not to exceed amount of $575,000.
Currently, $1,809,687 of the authorized $1,830,000 has been expended against the agreement.
Staff is requesting an increase to the total spending limit for a new total amount not to exceed $2,995,000 over five years.
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City Council April 23, 2024
Second Amendment to Circle Clamps & Gaskets Agreement
Contract
Year
Term Current
Annual
Cost
Revised
Annual Cost
Actual
Spend to
Date
Amendments New Total
Annual Not
to Exceed
Amount
1 July 14, 2020 –
July 13, 2021
$340,000 $268,900 $340,000
2 July 14, 2021 –
July 13, 2022
$340,000 $412,644 $340,000
3 July 14, 2022 –
July 13, 2023
$575,000 $575,000 $681,041 1st
Amendment
$575,000
4 July 14, 2023 –
July 13, 2024
$575,000 $870,000 $447,102 2nd
Amendment
$870,000
5 July 14, 2024 –
July 13, 2025
$575,000 $870,000 2nd
Amendment
$870,000
TOTAL $2,405,000 TOTAL $2,995,000
Funds are budgeted across the following utility funds:
FUND BUDGETED AMOUNT
Wastewater $50,000
Water $820,000
ANNUAL ESTIMATED TOTAL $870,000
FIVE (5) YEAR TOTAL NOT TO EXCEED $2,995,000
COMMITTEE RECOMMENDATION:
This item was presented to Finance Committee on March 18, 2024 and was approved to move forward to the City Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Second Amendment to the Purchasing Agreement with Ferguson Waterworks, Modesto, CA, for the purchase of circle clamps, gaskets, and pipe couplings by increasing the estimated annual amount by $295,000 to $870,000 annually, to a new total amount not to exceed $2,995,000 over five (5) years and authorizing the Director of Finance, or her designee, to execute the Amendment.
Approved by: _____________________________________________ DeAnna Christensen, Director of Finance
_____________________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Amendment 2
3. Amendment 1
4. Original Agreement
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING A SECOND AMENDMENT TO THE
PURCHASING AGREEMENT WITH FERGUSON WATERWORKS,
MODESTO, CA FOR THE PURCHASE OF CIRCLE CLAMPS, GASKETS AND
PIPE COUPLINGS, BY INCREASING THE ESTIMATED ANNUAL AMOUNT BY $295,000 TO $870,000 ANNUALLY, TO A NEW TOTAL AMOUNT NOT TO EXCEED $2,995,000 OVER FIVE (5) YEARS, AND AUTHORIZING THE
DIRECTOR OF FINANCE, OR HER DESIGNEE, TO EXECUTE THE
AMENDMENT
WHEREAS, the Finance Department, Central Stores Division inventories circle clamps, gaskets, pipe couplings, and tapping sleeves for the Utilities Department, Water and Wastewater Divisions, and
WHEREAS, these items are used in repairing and maintaining city water and sewer lines, and
WHEREAS, on July 14, 2020 by Resolution 2020-306, Council approved a one (1) year purchase agreement with four (4) 1-year extension options, and WHEREAS, on June 14, 2022 by Resolution 2022-271, Council approved a first amendment to agreement to increase the annual amount from $340,000 to $575,000, and WHEREAS, supply chain issues resulting from COVID19, and weather-related manufacturing shutdowns have created an unstable market, and WHEREAS, the polyvinyl chloride (PVC) market has increased exponentially over the past several years and has yet to stabilize, and WHEREAS, the cost of fuel has risen over 90% since January 2021, and WHEREAS, staff continues to monitor supply chain trends on a regular basis, validating market pricing; and.
WHEREAS, Modesto Municipal Code Section 8-3.204(f) exempts from the #9..
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formal bidding “Where the Purchasing Manager in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approve a Second Amendment to the Purchasing Agreement with Ferguson Waterworks, Modesto, CA, for the purchase of circle clamps, gaskets, and pipe couplings by increasing the estimated annual amount by $295,000 to $870,000 annually, to a new total amount not to exceed $2,995,000 over five (5) years.
BE IT FUTHER RESOLVED, that the Director of Finance, or her designee, is authorized to execute the Amendment, in a form approved by the City Attorney. #9..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of April, 2024 by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ? , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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1 SECOND AMENDMENT TO AGREEMENT
FOR CIRCLE CLAMPS, GASKETS, PIPE COUPLINGS, TAPPING SLEEVES, AND
SEWER MATERIALS WITH FERGUSON WATERWORKS
This SECOND AMENDMENT to the AGREEMENT, made and entered into in the City of Modesto, State of California, this _____ day of _______________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and FERGUSON WATERWORKS, hereinafter collectively referred to as CONTRACTOR.
This SECOND AMENDMENT to the AGREEMENT is made with reference to the following recitals:
A. An AGREEMENT, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONTRACTOR on the 14th day of JULY, 2020, to provide circle clamps, gaskets, pipe couplings, tapping sleeves, and sewer materials.
B. CITY and CONTRACTOR desire to amend the AGREEMENT by increasing the previously approved annual amount from $575,000 to $870,000 for circle clamps, gaskets, pipe couplings, tapping sleeves, and sewer materials identified in the AGREEMENT.
C. 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:
1. The second paragraph of the AGREEMENT shall be amended to include the following:
“Total amount not to exceed $2,995,000 over five years.”
2. Except as modified and amended by this SECOND AMENDMENT to the AGREEMENT, all other provisions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has #9..
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2 authorized the execution of this Second Amendment to the Agreement by its Director of Finance under authority of Resolution No. 2024- ________, adopted by the Council of the City of Modesto on the _______ day of _________________, 2024, and Ferguson Waterworks. has caused this Second Amendment to the Agreement to be duly executed.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
April 23, 2024
Date: March 26, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Purchase Agreement for Uniform and Laundry Services CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:
Consider approving the Agreement for Uniform and Laundry Services for Citywide locations to Aramark Uniform Services, Burbank, CA for a total amount not to exceed $1,120,000 over seven years. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.
BACKGROUND:
Article 22 of the Memorandum of Understanding with Modesto City Employees Association requires the City to provide uniform and laundry services for Non-Sworn City employees.
Subsection (c) of the Article requires employees in the following classifications to wear the uniform shirts provided by the City:
Airport Maintenance Crewleader Maintenance Worker I/II
Airport Maintenance Workers Operations Crew Leader
Building Maintenance Specialist Parks Maintenance Crew Leader Building Maintenance Technician Parks Maintenance Mechanic Construction Inspector Senior Construction Inspector
Cross Connection Specialist Senior Environ. Compliance Inspector Custodian I/II Senior Equipment Operator
Development Services Technician I Senior Storeskeeper/Storekeeper Electrician - Traffic and Buildings Electrician Assistant I/II/III Traffic Operations Technician Electrical and Instrumentation Technician Traffic Striping Crew Leader Environ. Compliance Inspector I/II Tree Trimmer Tree Trimmer Crew Leader
Equipment Mechanic Equipment Mechanic Crew Leader
Senior Utilities Service Worker Equipment Operator
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City Council, April 23, 2024
Uniform & Laundry Services
Water Conservation Specialist Equipment Service Technician Water Meter Technician Fleet Procurement Technician
Welder/Fabricator Heavy Equipment Mechanic
Plant Mechanic Trainee I/II Heavy Equipment Mechanic Crew Leader Senior Plant Mechanic Instrumentation Technician
Utility Plant Operator Trainee I/II Laboratory Analyst I/II/III In addition to the above, the City is required to provide coveralls, pants, and rain gear for employees, dependent upon classification. The City also provides uniforms for classification of Management and Confidential Employees, including the Electrical Supervisor, Land Surveyor, Maintenance Supervisor, Plant Maintenance Supervisor, Secondary Treatment Facilities Supervisor and WQC Operations Supervisor.
The Fire Department requires laundry services for towels, sheets, pillowcases and mats for all fire station locations. Other City departments also utilize the services for floor mats across various City buildings. Both of these services were included as part of the previous agreement.
On June 12, 2018 under Resolution 2018-351, City Council approved an agreement for the furnishing of Uniform and Laundry services to Aramark Uniform Services, Modesto, CA, for two (2) year agreement with three (3) one-year extension options at the sole discretion of the City, for an annual cost not to exceed $160,323 and a total amount not to exceed $801,615 over five years.
On November 29, 2022, a First Amendment was approved by the City Manager to extend the term of the agreement from July 1, 2023 through June 30, 2024, with no additional increase in funding.
DISCUSSION:
On June 18, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for Uniform & Laundry services.
On September 15, 2023, The Purchasing Division issued Request for Proposal (RFP) 2324-10 for Uniform & Laundry Services on the City’s website1. Prospective bidders were notified online and via email of the bid opportunity. Twelve (12) vendors chose to download the RFP document.
On November 14, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Five (5) vendors responded, one (1) of which is a local vendor.
An evaluation committee comprised of eight (8) City staff members evaluated and graded the proposals which included a representative from almost every City department who utilizes these services.
The annual cost for uniform and laundry services were estimated based on evaluating the existing inventory of garments and other rental services currently used by the department. In addition, the EasyCare insurance was estimated based on existing insurance plans already utilizing this insurance program by each service location. Departments will continue to evaluate 1 The commodity codes used on the City’s website were: 98386 Uniform Rental or Lease; 20085 Uniforms, Blended Fabric; 20086 Uniforms, Cotton; 20087 Uniforms, Synthetic Fabric
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City Council, April 23, 2024
Uniform & Laundry Services
the needs of this insurance program based on the volume of ruin garments which occur due to normal wear and tear or the type of work being performed which cause more frequent replacements of uniforms. The Purchasing Division and Aramark Uniform Services will continue to coordinate at least quarterly audits to evaluate the unit pricing being billed to ensure all invoices accurately reflect the unit price defined under the new agreement. Based on historical usage and need, the estimated annual cost for this service is $160,000.
Based on being ranked highest in total evaluation criteria2 the evaluation committee recommends the award of proposal and agreement for the furnishing of uniform and laundry services for Citywide use to Aramark Uniform Services, Burbank, CA, for an estimated annual cost of $160,000, and not to exceed $1,120,000 over seven (7) years. This agreement is being extended to seven years to manage price control and the overall increase in cost involved to change providers.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. The award of RFP 2324-10 and agreement for uniform & laundry services to Aramark Uniform Services, Burbank CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures.
FISCAL IMPACT:
Actual expenditures for the current uniform & laundry services agreement are listed below:
CY1 CY2 CY3 CY4 CY5
CY6
ESTIMATED TOTAL
$151,879 $138,060 $139,918 $133,736 $129,399 $156,310 $849,302 With current pricing per RFP 2324-10 and accounting for potential Consumer Price Index (CPI) increases over the next five years, staff estimates an annual cost not to exceed $160,000 and a total amount not to exceed $1,120,000 over seven years. Funds are allocated across the following accounts:
FUND BUDGETED AMOUNT
Airport $1,700
Building Services $3,255
Compost $4,700
Fleet $12,000
Forestry $6,300
General Fund - Fire $23,000
General Fund - Parks Operations $6,700
General Fund - Mary Grogan $460
General Fund - Police $9,700
Green Waste $2,300
Parking Maintenance $1,400
2 The evaluation criteria consisted of: service, product quality, complaint procedures, contingency plan, cost, and references. #10..
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City Council, April 23, 2024
Uniform & Laundry Services
Solid Waste $1,000
Street Sweeping $1,085
Surface Transportation Fund - Electrical $5,700
Surface Transportation Fund - Streets $6,700
Surface Transportation Fund – Traffic Operations $4,000 Wastewater $40,000
Water $30,000
ANNUAL TOTAL NOT TO EXCEED $160,000
SEVEN (7) YEAR TOTAL NOT TO EXCEED $1,120,000
COMMITTEE RECOMMENDATION:
This item was presented to Finance Committee on March 18, 2024 and was approved to move forward to the City Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Award of Proposal and Agreement for Uniform and Laundry Services to Aramark Uniform Services, Burbank CA for a three (3) year Agreement with four (4) one-year extension options, for an annual estimated amount of $160,000 and a total amount not to exceed $1,120,000 over seven years and authorizing the City Manager, or his designee, to execute the Agreement.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement – Aramark Uniform Services
3. Exhibit B, – Submittal Aramark Uniform Services
4. Exhibit C, RFP 2324-10, Uniform and Laundry Services
5. Financial Interest Disclosure – Aramark Uniform Services
6. RFP 2324-10 Scoring Abstract
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April 23, 2024/Finance/D.Love/Item #
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE AWARD OF PROPOSAL AND
AGREEMENT FOR UNIFORM AND LAUNDRY SERVICES TO ARAMARK
UNIFORM SERVICES, BURBANK, CA, FOR A THREE (3) YEAR
AGREEMENT WITH FOUR (4) ONE-YEAR EXTENSION OPTIONS FOR AN ANNUAL ESTIMATED AMOUNT OF $160,000 AND A TOTAL AMOUNT NOT TO EXCEED $1,120,000 OVER SEVEN YEARS; AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the City Manager authorized the Purchasing Manager to issue formal Request for Proposals (RFP) for the furnishing of uniform and laundry services, and WHEREAS, the Purchasing Division issued RFP 2324-10 for uniform and laundry services for Citywide departments on the City’s website under commodity codes for clothing athletic, casual, dress, uniforms blended fabric, uniforms cotton, uniforms synthetic fabric, work clothes, laundry and dry cleaning services, laundry and linen services, and rental or lease services of clothing services, and WHEREAS, the proposals were formally opened in the City Clerk’s office. Five (5) companies chose to respond, one of which was a local vendor. All companies provided responsive and responsible proposals, and
WHEREAS, an evaluation committee comprised of eight (8) City staff members evaluated and graded the proposals which included a representative from almost every City department, and
WHEREAS, based on being ranked highest in total evaluation criteria the evaluation committee recommends the award of proposal and contract for the furnishing of uniform and laundry services for Citywide use to Aramark Uniform Services, Burbank, CA, and
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April 23, 2024/Finance/D.Love/Item #
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to be formally bid; and
WHEREAS, the award of proposal of RFP 2324-10 and agreement for uniform and laundry services for Citywide use to Aramark Uniform Services, Burbank, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the award of proposal for uniform and laundry services for Citywide use to Aramark Uniform Services, Burbank, CA, for a three (3) year agreement with four (4) one-year extension options, for an annual estimated amount of $160,000 and a total amount not to exceed $1,120,000 over seven years and authorizing the City Manager, or his designee, to execute the agreement
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to issue the uniform and laundry services agreement, in a form approved by the City Attorney.
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April 23, 2024/Finance/D.Love/Item #
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of April, 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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1 ANNUAL AGREEMENT #269551– UNIFORM AND LAUNDRY SERVICES
ARAMARK UNIFORM SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ______ day of _______________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Aramark Uniform Services, a Corporation, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2024-_____ authorizing the Award of Bid and agreement for UNIFORM AND LAUNDRY SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for UNIFORM AND LAUNDRY SERVICES as described in RFP 2324-10, attached hereto as Exhibit “C” and made a part hereof (hereinafter called RFP).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
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2 a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $160,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $1,120,000. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
Uniform Description Unit
Price
Coveralls, 100% Cotton (GO-0009) $0.31
Lab Coat, Women’s Button-Front, 100% Spun Polyester, 3-Pockets, (GO-2317) $0.15
Lab Coat, Snap-Front with Outside Pockets (GO-1541) $0.15 Pants, Woman’s Work, Flat-Front, 65% Polyester/35% Cotton Twill Blend (GP1036) $0.13 Pants, Women’s Dickies 100% Cotton Denim $0.34
Jeans, Men’s, 14oz. Cotton Denim (GP-0294) $0.24
Jeans, Heavy-Duty Carpenter, 100% Cotton Denim (GP-0959) $0.28 Jeans, Men’s, Dickies Carpenter, 100% Cotton (GP-0766) $0.34 Jeans, Men’s, Dickies Duck Carpenter, 75% Cotton/25% Polyester Duck (GP-1062) $0.30
Jeans, Men’s, Dickies FR Carpenter, 14.0-oz flame-resistant Amtex 100% Cotton (GP-1064) $0.55
Pants, Men’s, Dura-Press Work, 100% Cotton Twill (GP-0171) $0.14 #10..
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3 Pants, Men’s, Pleated 65% Polyester/35% Cotton Twill (GP-0151) $0.15 Pants, Men’s Work, Flat-Front, 65% Polyester/35% Cotton Twill Blend (GP-0002) $0.13
Pants, Cargo, 65% Polyester/35% Cotton (GP-0621) $0.20
Pants, Men’s, Dickies Multi-Use Pocket, 65% Polyester/35% Cotton (GP-0564) $0.22
Pants, Men’s, Indura Flame-Resistant, 100% FR Cotton (GP-0264) $0.29 Shorts, Men’s, Work, Flat-Front, 65% Polyester/35% Cotton Twill Blend (GP-0096) $0.13
Shorts, Men’s, Cargo, 65% Polyester/35% Cotton (GP-0730) $0.20 Shirt, Women’s, Oxford Executive, Short Sleeve, 60% Combed Cotton/40% Polyester, (GS-0036) $0.15
Shirt, Women’s, Oxford Executive, Long Sleeve, 60% Combed Cotton/40% Polyester, (GS-0038) $0.15
Shirt, Men’s, Work Shirt, Short Sleeve, 65% Polyester/35% Cotton Poplin, (GS0019) $0.12 Shirt, Men’s, Work Shirt, Long Sleeve 65% Polyester/35% Cotton Poplin, (GS-0007) $0.12
Shirt, Men’s, CheckMark Work Shirt, Short Sleeve, 65% Polyester/35% Cotton Poplin, (GS-0019) $0.13
Shirt, Men’s, CheckMark Work Shirt, Long Sleeve, 65% Polyester/35% Cotton Poplin, (GS-0007) $0.13
Shirt, Men’s Striped Work Shirt, Short Sleeve, 65% Polyester/35% Cotton Poplin, (GS-0019) $0.12
Shirt, Men’s, Striped Work Shirt, Long Sleeve, 65% Polyester/35% Cotton Poplin, (GS-0007) $0.12
Shirt, Men’s, Executive Oxford, Short Sleeve, 60% Cotton/40% Polyester, 7-Button Front Placket, (GS-0099) $0.15
Shirt, Men’s, Executive Oxford, Long Sleeve, 60% Cotton/40% Polyester, 7-Button Front Placket, (GS-0098) $0.15
Shirt, Short Sleeve, 65% Polyester/35% Cotton Twill, (GS-1169) $0.12 Shirt, Long Sleeve, 65% Polyester/35% Cotton Twill, (GS-1168) $0.12 Shirt, Men’s, Enhanced Visibility, Short Sleeve, 100%, Cotton Work Shirt, (GS0449) $0.18 Shirt, Men’s, Enhanced Visibility, Long Sleeve,100% Cotton Work Shirt, (GS-0448) $0.18
Shirt, Men’s, High Visibility ANSI II, Short Sleeve, 100% Cotton Work Shirt, (GS0897) $0.33 Shirt, Men’s, High Visibility ANSI II, Long Sleeve, 100% Cotton Work Shirt, (GS0896) $0.33 Shirt, UltraSoft Flame Resistant, Single-Button Cuff, Two Chest Pocket with a Button-Flap and an Extra-Long Tail (GS-0652) $0.29
Shirt, Polo, Men’s, 100% Polyester Micropique, Button-Front (GS-1724) $0.15 Shirt, Polo, Women’s, 100% Polyester Micropique,V-Neck (GS-1957) $0.15 #10..
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4 Replacement Garments (Damaged by City) and Damage
Insurance Program
Replacement
Cost
Damage Insurance
Cost
Coveralls, 100% Cotton (GO-0009) $22.00 $0.13
Lab Coat, Women’s Button-Front, 100% Spun Polyester, 3- Pockets, (GO-2317) $10.00 $0.06
Lab Coat, Snap-Front with Outside Pockets (GO-1541) $10.00 $0.06 Pants, Woman’s Work, Flat-Front, 65% Polyester/35% Cotton Twill Blend (GP-1036) $8.00 $0.06
Pants, Women’s Cargo, 65% Polyester/35% Cotton Stretch Twill (GP-1037) $10.00 $0.06
Jeans, Men’s, 14oz. Cotton Denim (GP-0294) $12.00 $0.13 Jeans, Heavy-Duty Carpenter, 100% Cotton Denim (GP-0959) $14.00 $0.13 Jeans, Men’s, Dickies Carpenter, 100% Cotton (GP-0766) $18.00 $0.13 Jeans, Men’s, Dickies Duck Carpenter, 75% Cotton/25% Polyester Duck (GP-1062) $16.00 $0.13
Jeans, Men’s, Dickies FR Carpenter, 14.0-oz flame-resistant Amtex 100% Cotton (GP-1064) $35.00 $0.13
Pants, Men’s, Dura-Press Work, 100% Cotton Twill (GP-0171) $12.00 $0.13 Pants, Men’s, Pleated 65% Polyester/35% Cotton Twill (GP-0151) $10.00 $0.06 Pants, Men’s Work, Flat-Front, 65% Polyester/35% Cotton Twill Blend (GP-0002) $10.00 $0.06
Pants, Cargo, 65% Polyester/35% Cotton (GP-0621) $12.00 $0.06 Pants, Men’s, Dickies Multi-Use Pocket, 65% Polyester/35% Cotton (GP-0564) $15.00 $0.06
Pants, Men’s, Indura Flame-Resistant, 100% FR Cotton (GP0264) $35.00 $0.13 Shorts, Men’s, Work, Flat-Front, 65% Polyester/35% Cotton Twill Blend (GP-0096) $10.00 $0.06
Shorts, Men’s, Cargo, 65% Polyester/35% Cotton (GP-0730) $12.00 $0.06 Shirt, Women’s, Oxford Executive, Short Sleeve, 60% Combed Cotton/40% Polyester, (GS-0036) $9.00 $0.06
Shirt, Women’s, Oxford Executive, Long Sleeve, 60% Combed Cotton/40% Polyester, (GS-0038) $9.00 $0.06
Shirt, Men’s, Work Shirt, Short Sleeve, 65% Polyester/35% Cotton Poplin, (GS-0019) $8.00 $0.06
Shirt, Men’s, Work Shirt, Long Sleeve 65% Polyester/35% Cotton Poplin, (GS-0007) $8.00 $0.06
Shirt, Men’s, CheckMark Work Shirt, Short Sleeve, 65%
Polyester/35% Cotton Poplin, (GS-0019) $9.00 $0.06
Shirt, Men’s, CheckMark Work Shirt, Long Sleeve, 65%
Polyester/35% Cotton Poplin, (GS-0007) $9.00 $0.06
Shirt, Men’s Striped Work Shirt, Short Sleeve, 65%
Polyester/35% Cotton Poplin, (GS-0019) $9.00 $0.06
Shirt, Men’s, Striped Work Shirt, Long Sleeve, 65%
Polyester/35% Cotton Poplin, (GS-0007) $9.00 $0.06
Shirt, Men’s, Executive Oxford, Short Sleeve, 60% Cotton/40% Polyester, 7-Button Front Placket, (GS-0099) $9.00 $0.06 #10..
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5 Shirt, Men’s, Executive Oxford, Long Sleeve, 60% Cotton/40% Polyester, 7-Button Front Placket, (GS-0098) $9.00 $0.06 Shirt, Short Sleeve, 65% Polyester/35% Cotton Twill, (GS-1169) $8.00 $0.06 Shirt, Long Sleeve, 65% Polyester/35% Cotton Twill, (GS-1168) $8.00 $0.06 Shirt, Men’s, Enhanced Visibility, Short Sleeve, 100%, Cotton Work Shirt, (GS-0449) $10.00 $0.06
Shirt, Men’s, Enhanced Visibility, Long Sleeve,100% Cotton Work Shirt, (GS-0448) $10.00 $0.06
Shirt, Men’s, High Visibility ANSI II, Short Sleeve, 100% Cotton Work Shirt, (GS-0897) $25.00 $0.06
Shirt, Men’s, High Visibility ANSI II, Long Sleeve, 100% Cotton Work Shirt, (GS-0896) $25.00 $0.06
Shirt, UltraSoft Flame Resistant, Single-Button Cuff, Two Chest Pocket with a Button-Flap and an Extra-Long Tail (GS-0652) $25.00 $0.13 Shirt, Polo, Men’s, 100% Polyester Micropique, Button-Front (GS-1957) $10.00 $0.06
Shirt, Polo, Women’s, 100% Polyester Micropique,V-Neck (GS1724) $10.00 $0.06 Towels, Sheets, Mats Unit Price
Bed Linen, Flat Sheet, Twin, Percale T180 55/45 Cotton-Poly Blend, 66" x 110", White $0.50
Bed Linen, Pillow Slip, Percale T180 55/45 Cotton-Poly Blend, 42" x 34", White $0.25
Standard Door Mat, 100% Nylon Pile, Slip-Resistant, 3' x 4' $0.95 Standard Door Mat, 100% Nylon Pile, Slip-Resistant, 3' x 10' $2.95 Standard Door Mat, 100% Nylon Pile, Slip-Resistant, 4' x 6' $1.95 Safety Slogan Door Mat, 3' x 4' $0.95
Safety Slogan Door Mat, 3' x 5' $0.95
Safety Slogan Door Mat, 4' x 6' $1.95
Quality Slogan Door Mat, 3' x 4' $0.95
Scaper Mat, Rubber, Slip-Resistant, 3' x 5' $0.95
Scaper Mat, Rubber, Slip-Resistant, 4' x 6' $1.95
Stand’n Comfort Anti-Fatigue Mat, Nitrile Rubber, 3' x 5' $0.95 Dyna Mat, Anti-Fatigue, Rubber, 3' x 5' $0.95
Steady Step Mat, 100% Nylon Pile, Heavy Weight, Tacky Nitrile Rubber and Molded-In-Suction Cups, 3' x 10' $5.00
Steady Step Mat, 100% Nylon Pile, Heavy Weight, Tacky Nitrile Rubber and Molded-In-Suction Cups, 4' x 6' $4.00
Seat Cover, 50% Cotton/50% Polyester Blend Woven Sateen, Color: Tan, 54" x 60" $0.29
Mop, Synthetic/Cotton Blend, Dust, Includes Frame, 22" $0.30 Mop, Synthetic/Cotton Blend, Dust, Includes Frame, 36" $0.45 Mop, Wet, Large, Synthetic, 100% Synthetic Yarn $1.25
Towel, Glass, 100% Cotton, White w/ Red Border Stripe, 16" x 28" $0.06 #10..
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6 Towel, Bar, 100% Cotton Ribbed Terry, White, 16" x 19" $0.06 Towel, Standard Bath, 100% Cotton Terry, White, 24" x 50" $0.16 Towel, Sheet Bath, 100% Cotton Terry, White, 35 x 60 $0.26 Wipes, Microfiber, 80% Polyester/20% Polyamide, 16" x 16" $0.07 Towel, Shop, 100% Cotton Osnaburg, 18" x 18" $0.03
Preparation, Emblem & Other Charges Unit Price
Emblem Replacement and Installation Cost $0.00
Other Charges $0.00
Extra long shirt in lieu of standard length shirt $0.00 Reflective Material on Shirts $0.00
3. CITY REPRESENTATIVE:
CITY Representative is:
Michelle Tapley, Senior Buyer, [email protected], Ph. 209-577-6316 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of three (3) years, with four (4) one-year extension options at the sole discretion of CITY, for a total of up to seven years.
Year 1: July 1, 2024 through June 30, 2025
Year 2: July 1, 2025 through June 30, 2026
Year 3: July 1, 2026 through June 30, 2027
Year 4: July 1, 2027 through June 30, 2028
Year 5: July 1, 2028 through June 30, 2029
Year 6: July 1, 2029 through June 30, 2030
Year 7: July 1, 2030 through June 30, 2031
Pricing as set forth in Section 1.e. above shall remain firm for the first three (3) years of the AGREEMENT. #10..
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7 Price increases for any subsequent AGREEMENT years following the third year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
5. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as #10..
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8 above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.
For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
7. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 30 terms via CITY’s ePay Program. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
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9 Email to: [email protected]
At a minimum, invoices shall state the following:
This AGREEMENT number: 269551
CITY department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total
8. INDEMNITY: Each party (the “Indemnifying Party”) agrees that it will defend, indemnify and hold harmless the other party and its officers, directors, employees, affiliates, successors and assigns and their respective officers, directors, and employees (the “Indemnified Party”), from and against any and all liabilities, claims, costs, losses, damages, and expenses (including reasonable attorneys’ fees and court costs) (“Claims”) incurred or suffered by the Indemnified Party and arising as a result of the Indemnifying Party’s negligence or willful misconduct under this Agreement.
If the damages, injury, loss or claim is caused by the negligence of both parties, the apportionment of said damages, injury, loss or claim shall be shared between both parties based upon the comparative degree of each party's negligence and each party shall be responsible for its own defense and its own costs including but not limited to the cost of defense, attorney's fees and witnesses' fees and expenses incident thereto.
Under no circumstances shall either party be liable to the other for any consequential, incidental, special, exemplary, punitive, or other similar damages, however denominated.
Any Merchandise listed on Schedule I with two asterisks (**) is flame resistant merchandise. City is responsible for ensuring that City and its employees follow the proper procedures and requirements for laundering any purchased flame-resistant Merchandise as recommended by the fabric manufacturer(s). City will provide the following notification to its employees wearing flame resistant Merchandise:
WARNING: For prevention of clothing ignition during short term and emergency exposure to flame or electric arc, do not use for protection against continuous thermal loads, hot liquids or steam. Do not #10..
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10 wear alone for limb/torso protection during structural firefighting. Do not use for chemical protection or protection from other hazardous substances. Failure to comply with this warning may result in serious injury or death.
City agrees that City has selected the Merchandise and is responsible for determining its appropriateness and for the safe and proper use, placement and securing of the Merchandise.
9. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
10. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.
The court may set such fees in the same action or in a separate action brought for that purpose.
11. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-______;
b. CONTRACTOR Bid submittal;
c. RFP 2324-10
d. Contractor’s City of Modesto business license
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11 12. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 15 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice.
Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause. If City breaches this Agreement or terminates this Agreement during the initial term of the agreement, other than for default, City shall pay Contractor as liquidated damages (intended as a good faith pre-estimate of the actual damages Contractor would incur and not as a penalty) for each and every location so terminated, an amount equal to the greater of (a) fifty percent (50%) of the average weekly charges at such location(s) during the three months prior to termination multiplied by the number of weeks remaining in the current term, or (b) a buyback of all rental Merchandise being provided to City at such location(s) at the then current replacement rate.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination, b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest #10..
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12 in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment #10..
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13 to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
13. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.
Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed. #10..
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14 15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
18. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Aramark Uniform Services
1617 Jim Way
Modesto, CA 95358
Amilcar Reyes
Territory Manager
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15 209-247-3886
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
19. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
20. QUANTITIES: No minimum or maximum is guaranteed or implied.
21. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. #10..
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16 The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.
d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
24. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
25. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or #10..
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17 any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
26. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein. 26a. Unless specified in writing in this Agreement, the Merchandise supplied is not flame resistant or resistant to hazardous substances and is not designed to use in areas where it may catch fire or where contact with hazardous substances is possible. Customer will immediately notify VESTIS of any toxic or hazardous substance introduced onto the Merchandise and agrees to be responsible for any loss damage or injury experienced by VESTIS or its employees as a result of the existence of such substances. VESTIS reserve the right not to handle or process any Merchandise soiled with toxic or hazardous substances. For any Merchandise designated as flame resistant or “FR” (FR Merchandise), Customer agrees to notify all employees of Customer who will be wearing the FR Merchandise that the FR Merchandise is designed for the prevention or clothing ignition during short term and emergency flames exposure only and is not designed for long term high heat exposure or for use around open flames, and that no representation is made by VESTIS as the ability of the FR Merchandise to protect users from injury or death. For reflective Merchandise, any garments supplied satisfy specific ANSI/ISEA standards only is not labeled. Customer acknowledges that VESTIS makes no representation, warranty or covenant regarding the visibility performance of any reflective Merchandise and the reflective properties may be reduced or ultimately lost through laundering.
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18 Customer agrees that Customer has selected the Merchandise and is responsible for determining its appropriateness and for the safe and proper use, placement and securing of the Merchandise. Except as set forth herein, the Merchandise and related services are provided “as is” without warranty of any kind, whether express or impelled or statutory, and VESTIS disclaims any and all impelled warranties, including but not limited to any impelled warranties or merchantability, fitness for a particular purpose, good and workmanlike manner and noninfringement of third part rights. Customer assumes all risk associated with the use of the Merchandise, release VESTIS form any and all liability or any kind or nature whatsoever related to the provision or use of Merchandise and agrees to indemnify, defend and hold harmless VESTIS from and against any loss claim, expense, including attorney’s fee, or liability uncured by VESTIS are a result of the use or misuse of, or the inability to use, the Merchandise, or the degradation or loss if the reflectivity of any reflective Merchandise or the flame-resistant properties of any FR Merchandise. In no event will VESTIS, its affiliates and their respective officers, directions or employees be liable to Customer for any indirect, special, incidental, consequential (including lost revenue or profits), punitive or extraordinary damages.
27. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
28. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
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19 29. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
30. WAIVER:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
31. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
32. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
33. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties. #10..
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20 34. PARTIAL INVALIDITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-_______, adopted by the Council of the City of Modesto on the ______day of _________________, 2024 and Aramark Uniform Services has caused this Agreement to be duly executed. #10..
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REQUEST FOR PROPOSALS # 2324-10
UNIFORM & LAUNDRY SERVICES
REQUEST FOR PROPOSALS (“RFP”) NO. 2324-10
FOR
UNIFORM & LAUNDRY SERVICES
ANY RESULTING CONTRACT WILL NOT BE PARTIALLY OR FULLY FEDERALLYFUNDED
OPTIONAL PRE-PROPOSAL TELE-CONFERENCE
THURSDAY SEPTEMBER 27, 2023 at 8:30 A.M.
PROPOSAL OPENING: NOVEMBER 14, 2023 at 11:00 A.M.
CITY OF MODESTO CONTACT: MICHELLE TAPLEY, SENIOR BUYER
E-MAIL ADDRESS: [email protected]
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REQUEST FOR PROPOSALS # 2324-10
UNIFORM & LAUNDRY SERVICES
Table of Contents
NOTICE TO PROPOSERS ........................................................................................................................ 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL PROPOSAL REQUIREMENTS............................................................................................. 6 A. PROPOSAL SUBMITTAL: ........................................................................................................ 7 E. CITY ACCEPTANCE/REJECTION OF IRREGULAR PROPOSALS: .................................... 7 F. COMPLETE PROPOSAL DOCUMENT: ...................................................................................... 7 G. COMPLIANCE/NON-COMPLIANCE:...................................................................................... 8 L. PROPOSAL PROTEST AND APPEAL PROCEDURES: ....................................................... 10 PROPOSAL SUBMITTAL CHECKLIST ............................................................................................... 15 PROPOSAL FORM A - RFP ACKNOWLEDGEMENT.................................................................... 16 PROPOSAL FORM B – PROPOSER COMPANY INFORMATION................................................ 19 PROPOSAL FORM C - PRICING SCHEDULE................................................................................. 21 PROPOSAL FORM D – PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS ....... 29 PROPOSAL FORM E – PROPOSER CUSTOMER REFERENCES ................................................. 30 PROPOSAL FORM F - FINANCIAL INTEREST DISCLOSURE.................................................... 32 PROPOSAL FORM G - PROPOSER COMPANY HISTORY STATEMENT .................................. 34 PROPOSAL FORM H - PROPOSER FINANCIAL STATEMENTS................................................. 36 PROPOSAL FORM I - ADDENDA ACKNOWLEDGEMENT......................................................... 37 PROPOSAL FORM J – PROPOSER WARRANTY STATEMENTS................................................ 38 PROPOSAL FORM K – PROPOSER EXPERIENCE AND CERTIFICATIONS ............................. 39 PROPOSAL FORM L - SUBCONTRACTOR LIST........................................................................... 40 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 41
1.1 SCOPE OF WORK:........................................................................................................................ 41
1.2 REQUIRED LICENSES:................................................................................................................ 51 SAMPLE AGREEMENT......................................................................................................................... 54 #10..
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REQUEST FOR PROPOSALS # 2324-10
UNIFORM & LAUNDRY SERVICES
NOTICE TO PROPOSERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed proposals (each, a “Proposal”) from qualified Proposers (each, a “Proposer”) for the furnishing of Uniform & Laundry services (the “Services”) for the City of Modesto.
Any equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Proposer, included in the Services pricing herein, and not separately charged to the City).
Proposers are highly recommended to download all RFP documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; RFP documents shall include all specifications necessary for Proposers to submit a responsive Proposal..
An OPTIONAL pre-proposal teleconference is scheduled for Wednesday, September 27, 2023, beginning at 8:30 A.M. Participants can join the tele-conference with the access information provided below.
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REQUEST FOR PROPOSALS # 2324-10
UNIFORM & LAUNDRY SERVICES
Each Proposal shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to November 14, 2023 at 11:00 A.M., at which time Proposals will be opened and recorded. All Proposals shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.
Proposals will be received only at the address shown above, and prior to the time indicated. Any Proposal 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 Proposer unopened.
All Proposals, whether delivered by an employee of the Proposer, 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 Proposals. The City of Modesto assumes no responsibility for delay in the delivery of the Proposal. Proposals will not be accepted by email or facsimile.
On the outside of the Proposal envelope and courier envelope, if any, the Proposer shall indicate the following:
“NAME AND ADDRESS OF PROPOSER
PROPOSAL IN RESPONSE TO REQUEST FOR PROPOSALS # 2324-10 PROPOSAL OPENING DATE: NOVEMBER 14, 2023 AT 11:00 A.M.” Proposer must deliver your Proposal by a preferred method to the appropriate location below:
MAIL TO: CITY CLERK
CITY OF MODESTO
P.O. BOX 642
MODESTO, CA 95354
DELIVER/ COURIER TO: CITY CLERK
CITY OF MODESTO
1010 10TH STREET, SUITE 6600
MODESTO, CA 95353
The City reserves the right to reject any or all Proposals or to waive any informalities or minor irregularities in a Proposal.
No Proposer may withdraw its Proposal for a period of 90 days after the date set for the opening thereof. #10..
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REQUEST FOR PROPOSALS # 2324-10
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CALENDAR OF EVENTS
Event Date
RFP Issued September 15, 2023
Pre-proposer Conference (optioinal) September 27, 2023
Written Questions Due via Email October 6, 2023
Addendum Issued (if required) October 18, 2023 (approximate date) Proposal Due Date & Time PRIOR 11:00 A.M. on Tuesday, November 14, 2023 Contract Award Approximately January 2024
CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this RFP (“City Contact”) by the date listed in the CALENDER OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Proposers. All contact between Proposer and the City regarding the Proposal process shall be through the City Contact. Attempts by the Proposer to contact other City personnel regarding this RFP and associated process may result in disqualification of the Proposer. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.
PROPOSER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Proposer to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Proposer agrees to and acknowledges all RFP specifications, terms, and conditions and indicates the ability to perform by submission of a Proposal.
By the submission of a Proposal, the Proposer certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
PRECEDENCE
Proposer agrees that any agreement resulting from City’s acceptance of its Proposal, together with the terms in any City agreement and associated specifications provided by the City to Proposer therewith, shall comprise the entire agreement between City and Proposer. Moreover, Proposer agrees that any additional or contrary terms contained in Proposer’s acknowledgement of, shall be null and void. #10..
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VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, November 14, 2023 the City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.
The public Bid opening for this Request for Proposals will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the above-stated RFP you acknowledge, understand, and agree to this modified Bid opening procedure.
URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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GENERAL PROPOSAL REQUIREMENTS
A. PROPOSAL SUBMITTAL: Proposers should submit two “inked” (preferably blue ink) signed original Proposal documents, plus three copies of the signed original Proposal document, and one electronic copy submitted via USB. The original Proposal document shall be clearly marked. Photocopies do not constitute an original Proposal. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL PROPOSAL DOCUMENT MAY RESULT IN DISQUALIFICATION.
B. CONFIDENTIAL PROPOSER INFORMATION: It is the responsibility of the Proposers to identify information in their Proposal submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
C. PROPOSER COSTS INCURRED IN RESPONDING TO RFP: All costs associated with the preparation and submission of a Proposal shall be borne by the Proposer.
D. PROPOSER EXCEPTIONS: All exceptions taken to this RFP and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.
Failure to comply with this provision may deem the Proposal as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or 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.
E. CITY ACCEPTANCE/REJECTION OF IRREGULAR PROPOSALS: An agreement shall be awarded to the Proposer whose Proposal 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 Proposals or to waive any informalities or minor irregularities in a Proposal.
F. COMPLETE PROPOSAL DOCUMENT: The following forms constitute the makeup of a complete Proposal document and shall signed wherever indicated and be submitted to the City in the order listed:
• Proposal Form A – RFP Acknowledgement
• Proposal Form B – Proposer Company Information
• Proposal Form C - Pricing Schedule
• Proposal Form D - Proposer Exceptions, Clarifications, Amendments • Proposal Form E - Proposer Customer References
• Proposal Form F - Financial Interest Disclosure
• Proposal Form G - Proposer Company History Statement
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• Proposal Form H – Proposer Financial Statements
• Proposal Form I – Addenda Acknowledgement
• Proposal Form J – Proposer Warranty Statements
• Proposal Form K – Proposer Experience and Certifications • Proposal Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.
G. COMPLIANCE/NON-COMPLIANCE: If Proposer cannot comply with a specification requirement in this RFP, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Proposer is not in compliance with the specification, the Proposal may be rejected.
H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required services shall be included in Proposal pricing, along with Proposer’s profit margin and any other cost factors.
• Unless otherwise stated, the Proposer agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City. • The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Proposer shall use the pricing schedule provided in this RFP to present Proposal pricing.
No other form or format shall be accepted. Proposal must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.
I. AWARD OF AGREEMENT:
• The City may award one or more agreements to one or more Proposer in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public #10..
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agencies within the State of California or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select that Proposal, which best suits the City’s needs. Price is only one factor that will be considered by the City when awarding an agreement.
Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Proposer 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.
• The City will appoint a selection committee to evaluate each Proposer’s submitted Proposal. The City will evaluate Proposals on a 100-point scale based upon the following weighted scoring
Evaluation Elements Scoring Method
SERVICE 25
PRODUCT QUALITY 25
COMPLAINT
PROCEDURES
20 CONTINGENCY PLAN 15
COST 10
REFERENCES 5
Total Maximum Points 100
J. INDEMNITY: Proposer, if awarded an agreement, will be required to hold the city, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Proposer, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Proposal.
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 Proposal for Proposer to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of city-owned vehicles by Contractor’s employees is apportioned to Contractor in accordance with the provisions contained in indemnity.
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K. PROPOSER REPRESENTATION: Proposer represents that:
• Proposer has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Proposer has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Proposer will complete the proposed services for the compensation stated in any resultant agreement.
• Proposer assumes full and complete responsibility for all conditions relevant to the proposed services and all risks in connection therewith. • Proposer represents that it is fully qualified to perform the proposed services in accordance with the terms of any resultant agreement within the time specified therein.
L. PROPOSAL PROTEST AND APPEAL PROCEDURES: Proposers wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.
Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Proposal" 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.
Protest Procedures
• Only a Proposer who has actually submitted a Proposal is eligible to submit a protest against the City’s Announced Decision.
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• Subcontractors are not eligible to submit bid protests. • A Proposer may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements) made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the under protest by name, Request for Proposal (RFP) or Request for Proposal (RFP) number, and Proposal/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Proposal Protests: A Proposer shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten (days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.
All protests to the Director of Finance shall either be delivered to:
City Clerk’s Office
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REQUEST FOR PROPOSALS # 2324-10
UNIFORM & LAUNDRY SERVICES
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the further decision of the Director of Finance decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.
Further protest appeals shall either be delivered to:
City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest #10..
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for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.
All protest appeals to the City Council shall either be delivered to:
City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.
A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.
The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.
The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
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The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #10..
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PROPOSAL SUBMITTAL CHECKLIST
PROPOSAL SUBMITTAL CHECKLIST
The Proposer shall provide a complete Proposal in a sealed envelope by the required deadline on the Proposal Opening Date. Failure to provide all the required documents may cause the Proposal to be considered non-responsive.
Proposer’s Proposal must contain the following applicable elements completed and signed wherever indicated and submitted as described more-fully herein. The following checklist is provided solely for Proposer’s use in reviewing the completeness of your submission:
COMPLETE PROPOSAL ELEMENTS
Proposal Form A - RFP Acknowledgement
Proposal Form B – Proposer Company Information
Proposal Form C - Pricing Schedule
Proposal Form D – Proposer Exceptions, Clarifications, Amendments Proposal Form E – Proposer Customer References
Proposal Form F - Financial Interest Disclosure
Proposal Form G – Proposer Company History Statement
Proposal Form H – Proposer Financial Statements
Proposal Form I - Addenda Acknowledgement
Proposal Form J – Proposer Warranty Statements
Proposal Form K – Proposer Experience and Certifications Proposal Form L - Subcontractor List
Proposer’s submission should include all City of Modesto forms. If any form is not applicable, Proposer should write or type “Not Applicable” on it but still include the form in your submission. #10..
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PROPOSAL FORM A - RFP ACKNOWLEDGEMENT
The City is soliciting Proposals from qualified firms (each a “Proposer” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Request for Proposals (“RFP”). This Proposal Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Proposal response. Obligations assumed by such signature will include the following:
1. Preparation of Proposals: (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 Proposal. (b) Quote price as specified in Proposal. No alterations or changes of any kind shall be permitted to the Proposal Form. Responses that do not comply shall be subject to rejection in total.
2. Failure to Submit Proposal: If you are not submitting a Proposal but want to remain on the mailing list and receive future Proposals, complete, sign and return this Proposal Acknowledgement and state the reason you are not pricing.
3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFP, 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 Proposal. (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 the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
4. Award: (a) Unless otherwise specified by the Proposer or the RFP gives notice of an all-or-none award, the City may accept any item or group of items of any Proposal. (b) Proposals are subject to acceptance by the City at any time within 90 days of opening, unless otherwise specified in the RFP.
A Proposer shall not change its Proposal within such time frame (c) A valid contract based on the sample agreement attached to the RFP and the Proposal shall be mailed, or otherwise furnished, to the successful Proposer within the time for acceptance specified, and such contract shall be 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: Proposers who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.
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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 Proposer’s expense.
7. Rights and Remedies of City’s for Default: (a) In the event any item furnished by the Proposer in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Proposer with its Proposal, the City may reject the same, and it shall thereupon become the duty of the Proposer 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 Proposer 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 Proposer, or send an invoice to the Proposer which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Proposer 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 Proposer. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
8. Payment Terms and Methods: Proposer will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Proposer’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this RFP.
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(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.
9. California Government Code Section 4552: In submitting a Proposal to a public purchasing body, the Proposer offers and agrees that if the Proposal 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 Proposer for sale to the purchasing body pursuant to the Proposal. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Proposer.
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 under a contract or purchase order resulting from this Proposal.
11. Two “Inked” Signed Original Proposal Documents Required: Failure to furnish two “inked” signed original Proposal documents may result in disqualification. These should be accompanied by one copy of the documents and one electronic copy on a USB drive.
12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Proposal.
THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Proposer indicated in Proposer’s Proposal Forms A through L, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.
Proposer Company Name:
Proposer Headquarters Address:
City/State/Zip:
Signature/Title/Date:
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19 PROPOSAL FORM B – PROPOSER COMPANY INFORMATION
A. Proposer Company Full
Legal Name
B. Proposer Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):
E. Website Address: www.___________
F. Contact Person Details: Name:
Title:
Phone (Office):
Phone (Mobile):
Mailing Address (Street Address, City, State, Postal Code):
Fax Number:
Email:
G. Federal Taxpayer
Identification Number
(TIN):
H. Dun & Bradstreet
(DUNS) Number:
I. Names and Titles of
Top Three Proposer
Officers:
J. Years in Business:
K. Proposer Office
Address Closest to City
of Modesto (Street
Address, City, State,
Country, Postal Code):
L. City of Modesto
Business License
Number (note –
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20 provide only if
available now - - but
not required until any
contract begins):
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21 PROPOSAL FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Proposer to perform the required services shall be included in Proposal pricing. Proposal must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Proposal Form D – Exceptions, Clarifications, Amendments. In case of discrepancy between a unit price and extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner
MATERIALS RENTAL COST
(Annual Cost is – Annual Quantity x Unit Cost x 52 Weeks = Annual Cost) Description Estimated
Annual Qty
Unit Unit Cost Annual Cost
Bed Linen, Flat Sheet, Twin,
Percale T180 55/45 Cotton-Poly
Blend, 66" x 110", White 8,580 Each $_________________/Ea $_________________/Yr Bed Linen, Pillow Slip, Percale
T180 55/45 Cotton-Poly Blend, 42"
x 34", White 6,656 Each $_________________/Ea $_________________/Yr Standard Door Mat, 100% Nylon
Pile, Slip-Resistant, 3' x 4' 5,148 Each $_________________/Ea $_________________/Yr Standard Door Mat, 100% Nylon
Pile, Slip-Resistant, 3' x 10' 3,432 Each $_________________/Ea $_________________/Yr Standard Door Mat, 100% Nylon
Pile, Slip-Resistant, 4' x 6' 2,600 Each $_________________/Ea $_________________/Yr Safety Slogan Door
Mat, 3' x 4' 364 Each $_________________/Ea $_________________/Yr Safety Slogan Door
Mat, 3' x 5' 468 Each $_________________/Ea $_________________/Yr Safety Slogan Door
Mat, 4' x 6' 52 Each $_________________/Ea $_________________/Yr Quality Slogan Door Mat, 3' x 4' 104 Each $_________________/Ea $_________________/Yr Scaper Mat, Rubber, Slip-Resistant,
3' x 5' 1,872 Each $_________________/Ea $_________________/Yr Scaper Mat, Rubber, Slip-Resistant,
4' x 6' 156 Each $_________________/Ea $_________________/Yr Stand’n Comfort Anti-Fatigue Mat,
Nitrile Rubber, 3' x 5' 884 Each $_________________/Ea $_________________/Yr Dyna Mat, Anti-Fatigue, Rubber, 3'
x 5' 780 Each $_________________/Ea $_________________/Yr #10..
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22 Steady Step Mat, 100% Nylon Pile,
Heavy Weight, Tacky Nitrile
Rubber and Molded-In-Suction
Cups, 3' x 10' 208 Each $_________________/Ea $_________________/Yr Steady Step Mat, 100% Nylon Pile,
Heavy Weight, Tacky Nitrile
Rubber and Molded-In-Suction
Cups, 4' x 6' 312 Each $_________________/Ea $_________________/Yr Seat Cover, 50% Cotton/50%
Polyester Blend Woven Sateen,
Color: Tan, 54" x 60" 728 Each $_________________/Ea $_________________/Yr Mop, Synthetic/Cotton Blend, Dust,
Includes Frame, 22" 156 Each $_________________/Ea $_________________/Yr Mop, Synthetic/Cotton Blend, Dust,
Includes Frame, 36" 936 Each $_________________/Ea $_________________/Yr Mop, Wet, Large, Synthetic, 100%
Synthetic Yarn 104 Each $_________________/Ea $_________________/Yr Towel, Glass, 100% Cotton, White
w/ Red Border Stripe, 16" x 28" 1,924 Each $_________________/Ea $_________________/Yr Towel, Bar, 100% Cotton Ribbed
Terry, White, 16" x 19" 15,600 Each $_________________/Ea $_________________/Yr Towel, Standard Bath, 100% Cotton
Terry, White, 24" x 50" 13,000 Each $_________________/Ea $_________________/Yr Towel, Sheet Bath, 100% Cotton
Terry, White, 35" x 60" 13,000 Each $_________________/Ea $_________________/Yr Wipes, Microfiber, 80%
Polyester/20% Polyamide, 16" x
16" 13,416 Each $_________________/Ea $_________________/Yr Towel, Shop, 100% Cotton
Osnaburg, 18" x 18" 64,948 Each $_________________/Ea $_________________/Yr Total Annual Cost: $_______________________________________ #10..
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23 UNIFORM RENTAL COST
Description Rental Per Week
Coveralls, 100% Cotton
$____________________________________________/Pr
Lab Coat, Women’s Button-Front, 80% polyester/20%
cotton OR 65% polyester/35% cotton $____________________________________________/Ea Lab Coat, Snap-Front with Outside Pockets 80%
polyester/20% cotton OR 65% polyester/35% cotton $____________________________________________/Ea Pants, Woman’s Work, Flat-Front, 65% Polyester/35%
Cotton Twill Blend $____________________________________________/Pr Jeans, Women’s Dickies 100% Cotton Denim
$____________________________________________/Pr
Jeans, Men’s, 14oz. Cotton Denim
$____________________________________________/Pr
Jeans, Heavy-Duty Carpenter, 100% Cotton Denim
$____________________________________________/Pr
Jeans, Men’s, Dickies Carpenter, 100% Cotton
$____________________________________________/Pr
Jeans, Men’s, Dickies Duck Carpenter, 75% Cotton/25%
Polyester Duck $____________________________________________/Pr Jeans, Men’s, Dickies FR Carpenter, 14.0-oz flameresistant Amtex 100% Cotton $____________________________________________/Pr Pants, Men’s, Dura-Press Work, 100% Cotton Twill
$____________________________________________/Pr
Pants, Men’s, Pleated 65% Polyester/35% Cotton Twill
$____________________________________________/Pr
Pants, Men’s Work, Flat-Front, 65% Polyester/35% Cotton Twill Blend $____________________________________________/Pr Pants, Cargo, 65% Polyester/35% Cotton
$____________________________________________/Pr
Pants, Men’s, Dickies Multi-Use Pocket, 65%
Polyester/35% Cotton $____________________________________________/Pr Pants, Men’s, Indura Flame-Resistant, 100% FR Cotton
$____________________________________________/Pr
Shorts, Men’s, Work, Flat-Front, 65% Polyester/35%
Cotton Twill Blend $____________________________________________/Pr Shorts, Men’s, Cargo, 65% Polyester/35% Cotton
$____________________________________________/Pr
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24 Shirt, Women’s, Oxford Executive, Short Sleeve, 60%
Combed Cotton/40% Polyester $____________________________________________/Ea Shirt, Women’s, Oxford Executive, Long Sleeve, 60%
Combed Cotton/40% Polyester $____________________________________________/Ea Shirt, Men’s, Work Shirt, Short Sleeve, 65% Polyester/35% Cotton Poplin $____________________________________________/Ea #10..
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25 Shirt, Men’s, Work Shirt, Long Sleeve 65% Polyester/35% Cotton Poplin $____________________________________________/Ea Shirt, Men’s, CheckMark Work Shirt, Short Sleeve, 65%
Polyester/35% Cotton Poplin $____________________________________________/Ea Shirt, Men’s, CheckMark Work Shirt, Long Sleeve, 65%
Polyester/35% Cotton Poplin $____________________________________________/Ea Shirt, Men’s Striped Work Shirt, Short Sleeve, 65%
Polyester/35% Cotton Poplin $____________________________________________/Ea Shirt, Men’s, Striped Work Shirt, Long Sleeve, 65%
Polyester/35% Cotton Poplin $____________________________________________/Ea Shirt, Men’s, Executive Oxford, Short Sleeve, 60%
Cotton/40% Polyester, 7-Button Front Placket $____________________________________________/Ea Shirt, Men’s, Executive Oxford, Long Sleeve, 60%
Cotton/40% Polyester, 7-Button Front Placket $____________________________________________/Ea Shirt, Short Sleeve, 65% Polyester/35% Cotton Twill
$____________________________________________/Ea
Shirt, Long Sleeve, 65% Polyester/35% Cotton Twill
$____________________________________________/Ea
Shirt, Men’s, Enhanced Visibility, Short Sleeve, 100%,
Cotton Work Shirt $____________________________________________/Ea Shirt, Men’s, Enhanced Visibility, Long Sleeve,100%
Cotton Work Shirt $____________________________________________/Ea Shirt, Men’s, High Visibility ANSI II, Short Sleeve, 100% Cotton Work Shirt $____________________________________________/Ea Shirt, Men’s, High Visibility ANSI II, Long Sleeve, 100% Cotton Work Shirt $____________________________________________/Ea Shirt, UltraSoft Flame Resistant, Single-Button Cuff, Two Chest Pocket with a Button-Flap and an Extra-Long Tail $____________________________________________/Ea Shirt, Polo, Men’s, 100% Polyester Micropique, ButtonFront $____________________________________________/Ea Shirt, Polo, Women’s, 100% Polyester Micropique,V-Neck
$____________________________________________/Ea
Emblem Replacement and Installation Cost $_____________________________________________Ea Other Charges
Description Up-charge Unit Cost
Extra long shirt in lieu of standard length shirt
$____________________________________________/Un
Reflective Material on Shirts
$____________________________________________/Un
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26 Replacement Garments Cost (Damaged by City)
Damage Insurance Program
Cost
Description Unit Cost Unit Cost
Coveralls, 100% Cotton
$______________________/Pr $______________________/Pr
Lab Coat, Women’s Button-Front, 100% Spun
Polyester, 3-Pockets $______________________/Ea $______________________/Ea Lab Coat, Snap-Front with Outside Pockets $______________________/Ea $______________________/Ea Pants, Woman’s Work, Flat-Front, 65%
Polyester/35% Cotton Twill Blend $______________________/Pr $______________________/Pr Pants, Women’s Cargo, 65% Polyester/35% Cotton
Stretch Twill $______________________/Pr $______________________/Pr Jeans, Men’s, 14oz. Cotton Denim
$______________________/Pr $______________________/Pr
Jeans, Heavy-Duty Carpenter, 100% Cotton Denim
$______________________/Pr $______________________/Pr
Jeans, Men’s, Dickies Carpenter, 100% Cotton
$______________________/Pr $______________________/Pr
Jeans, Men’s, Dickies Duck Carpenter, 75%
Cotton/25% Polyester Duck $______________________/Pr $______________________/Pr Jeans, Men’s, Dickies FR Carpenter, 14.0-oz
flame-resistant Amtex 100% Cotton $______________________/Pr $______________________/Pr Pants, Men’s, Dura-Press Work, 100% Cotton
Twill $______________________/Pr $______________________/Pr Pants, Men’s, Pleated 65% Polyester/35% Cotton
Twill $______________________/Pr $______________________/Pr Pant, Men’s Work, Flat-Front, 65% Polyester/35%
Cotton Twill Blend $______________________/Pr $______________________/Pr Pants, Cargo, 65% Polyester/35% Cotton
$______________________/Pr $______________________/Pr
Pants, Men’s, Dickies Multi-Use Pocket, 65%
Polyester/35% Cotton $______________________/Pr $______________________/Pr Pants, Men’s, indura Flame-Resistant, 100% FR
Cotton $______________________/Pr $______________________/Pr Shorts, Men’s, Work, Flat-Front, 65%
Polyester/35% Cotton Twill Blend $______________________/Pr $______________________/Pr Shorts, Men’s, Cargo, 65% Polyester/35% Cotton
$______________________/Pr $______________________/Pr
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27 Shirt, Women’s, Oxford Executive, Short Sleeve,
60% Combed Cotton/40% Polyester $______________________/Ea $______________________/Ea Shirt, Women’s, Oxford Executive, Long Sleeve,
60% Combed Cotton/40% Polyester $______________________/Ea $______________________/Ea Shirt, Men’s, Work Shirt, Short Sleeve, 65%
Polyester/35% Cotton Poplin $______________________/Ea $______________________/Ea Shirt, Men’s, Work Shirt, Long Sleeve 65%
Polyester/35% Cotton Poplin $______________________/Ea $______________________/Ea Shirt, Men’s, CheckMark Work Shirt, Short Sleeve,
65% Polyester/35% Cotton Poplin $______________________/Ea $______________________/Ea Shirt, Men’s, CheckMark Work Shirt, Long Sleeve,
65% Polyester/35% Cotton Poplin $______________________/Ea $______________________/Ea Shirt, Men’s Striped Work Shirt, Short Sleeve, 65%
Polyester/35% Cotton Poplin $______________________/Ea $______________________/Ea Shirt, Men’s, Striped Work Shirt, Long Sleeve,
65% Polyester/35% Cotton Poplin $______________________/Ea $______________________/Ea Shirt, Men’s, Executive Oxford, Short Sleeve, 60%
Cotton/40% Polyester, 7-Button Front Placket $______________________/Ea $______________________/Ea Shirt, Men’s, Executive Oxford, Long Sleeve, 60%
Cotton/40% Polyester, 7-Button Front Placket $______________________/Ea $______________________/Ea Shirt, Short Sleeve, 65% Polyester/35% Cotton
Twill, $______________________/Ea $______________________/Ea Shirt, Long Sleeve, 65% Polyester/35% Cotton
Twill, $______________________/Ea $______________________/Ea Shirt, Men’s, Enhanced Visibility, Short Sleeve,
100%, Cotton Work Shirt $______________________/Ea $______________________/Ea Shirt, Men’s, Enhanced Visibility, Long
Sleeve,100% Cotton Work Shirt $______________________/Ea $______________________/Ea Shirt, Men’s, High Visibility ANSI II, Short
Sleeve, 100% Cotton Work Shirt $______________________/Ea $______________________/Ea Shirt, Men’s, High Visibility ANSI II, Long
Sleeve, 100% Cotton Work Shirt $______________________/Ea $______________________/Ea Shirt, UltraSoft Flame Resistant, Single-Button
Cuff, Two Chest Pocket with a Button-Flap and
an Extra-Long Tail $______________________/Ea $______________________/Ea Shirt, Polo, Men’s, 100% Polyester Micropique,
Button-Front $______________________/Ea $______________________/Ea Shirt, Polo, Women’s, 100% Polyester
Micropique,V-Neck $______________________/Ea $______________________/Ea Damage Insurance Program:
• If the garment is damaged it will be replaced without being charged the replacement rate for the garments. • If an employee leaves and all the garments are damaged, ripped and or stained there will be no cost associated with those garments.
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28 Pricing shall be F.O.B. destination, Modesto, CA. Any freight/delivery charges shall be included in unit price.
The above stated pricing is net to the City, inclusive of Federal Excise tax, California State, Local, Sales and Use tax.
The above stated pricing is subject to ______ percent (______%) cash discount if invoice is paid within ______ days after receipt of order.
Payment Terms:
Check which of the following payment terms/methodology Proposer accepts (a description of each can be found in Proposal Form A – RFP Acknowledgement):
Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Proposer’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: ______________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.
THE undersigned acknowledges receipt of the referenced RFP and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this RFP and these Proposal documents, for the pricing indicated on the Pricing Schedule.
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative:
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29 PROPOSAL FORM D – PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s RFP package, sample agreement, and associate specifications are not encouraged and may cause Proposer to be considered responsible and/or its Proposal to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Proposer, it is preferred that Proposer so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Proposer may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Proposal submission.
Nonetheless, Proposer may request Proposal clarifications and exceptions below, if any, sign and submit with your Proposal response. Any requested exception, clarification or amendment may not be accepted and may deem the Proposer as non-responsive.
Item # Reference To: Description
Page # Section or
Paragraph #
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative:
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30 PROPOSAL FORM E – PROPOSER CUSTOMER REFERENCES
Proposer shall provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced RFP. Proposer’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced RFP. Proposers 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 Proposer’s performance record on services similar to that described in the above-referenced RFP. The City reserves the right to contact references other than those provided in Proposer’s submission and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
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31 Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
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32 PROPOSAL FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this RFP process and Proposer’s submission of a Proposal therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.
Proposer must therefore complete this Proposal Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
Proposer shall identify any person with a financial interest in the Proposer by name, below.
For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.
Persons having an aggregate economic interest in the Proposer less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.
Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Proposer meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-
10.03(h) are satisfied.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Proposer is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
Print Names of Persons Having a Financial Interest in Proposer Receiving this Agreement:
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33 First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative:
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34 PROPOSAL FORM G - PROPOSER COMPANY HISTORY STATEMENT Company History Statement - Proposer shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Proposals (RFP).
The Proposer’s company history overview statement shall be approximately one to three pages in length and inserted below. The history statement should include, but not limited to the following items below:
CATALOGS
Proposer shall furnish a complete set of color catalogs depicting lab coats, coveralls, pants and shirts, submitted with their proposal. One complete set of catalogs shall be provided with each proposal (original and copies).
PRODUCT QUALITY
Proposer shall provide information regarding the overall quality of the garments proposed. Lab Coats, Coveralls, Pants and Shirts. Include at a minimum:
• Manufacturers
• Brand specifications and brochures
• Sizes including extra-tall shirt lengths
SERVICE QUALITY
Proposer shall provide an overview of their customer service program. Include at a minimum:
• Service guarantee
• Inventory control (Bar Code/RFI Tracking System)
• Garment replacement and repair program
• Loss and replacement rate
• Damage Insurance (if applicable)
• Additional charges
• Trade-in program
• Reports – Various Usage Reports
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35 CONTINGENCY SERVICE PLAN
Proposer shall have a Contingency Service Plan for use in the event of any disruption of service due to equipment malfunction, labor dispute, Force Majeure, or any other occurrence, either within or beyond the control of the Proposer, which would assure weekly pick-up and delivery of all items.
Proposer shall describe their company’s Contingency Service Plan, including offsite location(s) and business addresses.
COMPLAINT PROCEDURE
Proposer shall provide copies of their written complaint procedure, complaint report forms, and information on standard time frames for resolving complaints. These procedures shall become part of the agreement with the Contractor.
GARMENT RENTAL INSURANCE
Proposer shall provide a detailed overview of their company’s garment rental insurance program, including weekly rental rates (indicated on the pricing schedule).
SAMPLES
After proposals have been opened, garment samples shall be requested by the Purchasing Buyer. Samples shall consist of new and used garments; lab coats, coveralls, pants and shirts. Used garments shall be representative samples of garments supplied under contract. Samples shall be furnished to the Purchasing Division within five (5) business days after receipt of notification. Samples from non-successful proposers may be returned after completion of the evaluation process, at proposer’s expense.
Proposer Company Legal Name: Insert Proposer Logo Here (if existent):
Insert Proposer Company History Overview Statement Beginning Here:
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36 PROPOSAL FORM H - PROPOSER FINANCIAL STATEMENTS
Minimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following:
Financial Stability:
City staff will request financial statements from the proposer whose proposal is determined to best meet the City’s needs, as determined by the selection committee. Within two (2) business days of City request, proposer shall provide a copy of their company’s most recent professionally prepared Financial Statements (Income Statement and Balance Sheet). These statements, if un-audited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation (cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, including the auditor’s opinion and notes to the financial statements.
A separate document shall be provided and signed under penalty of perjury by the proposer’s financial officer or owner that explains the proposer’s inability to provide statements for a fiscal period that ended at least eight (8) months before the required date of submittal, if such inability exists.
One complete set of Financial Statements shall be submitted within two (2) business days of City request.
Financial Statements, whether delivered via email, by an employee of the proposer, U.S. Postal Service, courier or package delivery service must be received by the City of Modesto, Purchasing Division within two (2) business days of request. Financial statements delivered via email should be sent to Michelle Tapley If sent via email, proposer is encouraged to follow-up with a phone call to Michelle Tapley at (209)577-6319, to confirm receipt. Failure of proposer to provide requested documents within two (2) business days, may disqualify proposer from further consideration. The City of Modesto assumes no responsibility for delay in the delivery of the Financial Statements to the City.
CITY OF MODESTO, PURCHASING DIVISION
1010 10TH STREET, SUITE 5300
ATTN: MICHELLE TAPLEY
UNIFORM AND LAUNDRY SERVICES – RFP# 2324-10
MODESTO, CA 95354
By signing this document, I confirm that I understand the financial statement requirements as set forth above.
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative: ____________________________________________________ #10..
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37 PROPOSAL FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the RFP period, Proposer is responsible for regularly checking the City of Modesto’s Planet Proposal website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the RFP number listed on the Cover Page and in the header of each subsequent page of this RFP, and in any event, no later than the day prior to Proposal opening.. The changes identified in any addenda issued will modify this RFP and specifications. The addenda now become a part of this RFP and Proposer’s resultant Proposal. Signing the Proposal on the signature portion thereof, the Proposer is acknowledging that the Proposer has confirmed that it has received all addenda issued for RFP, and has included costs for such in the Proposal submitted. Failure to list and acknowledge all addenda numbers may cause Proposer’s Proposal to be considered nonresponsive.
Do not attach any of the addenda to this sheet nor include them with the Proposal.
If no addenda have been issued against this RFP solicitation, Proposer may write “Not Applicable” and return this Proposal Form as part of its submission. Alternatively, Proposer may leave this Proposal Form out of its submission.
But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.
The Proposal is submitted with respect to the changes to the RFP included in addenda numbers:
List All Addenda Numbers, Separated by Commas
(“,”):
Proposer Company Name:
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38 PROPOSAL FORM J – PROPOSER WARRANTY STATEMENTS
As a material part of its Proposal, Proposer shall insert below a written statement detailing any materials and workmanship warranties, term and conditions in conformance with the specifications and requirements set forth in this RFP.
Notwithstanding any other provisions of this RFP, Proposer warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Proposal shall be on the most suitable grade and meet or exceed the standards set forth in this RFP. Such warranty shall include the following; performance, workmanship, labor, materials, and Proposer design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Proposal, Proposer shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.
All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.
Proposer Company Legal Name: Insert Proposer Logo Here (if existent):
Insert Proposer Warranty Statement Beginning Here:
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39 PROPOSAL FORM K – PROPOSER EXPERIENCE AND CERTIFICATIONS Proposer shall provide below a summary covering the following:
A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this RFP:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Proposal Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience.
B. Certifications: Proposer shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein.
C. Clearance: Proposer shall acknowledge and adhere to the following clearance provisions for all services provided to the Modesto Police Department.
i. For unescorted access at any of the police department facilities listed in the RFP, personnel will be required to be fingerprinted, pass a records check and complete security awareness training. ii. A clearance shall be conducted on all personnel prior to their assignment to the police department. iii. If no cleared personnel are available, a 24-hour notice to the police department is required to provide escorted access.
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40 PROPOSAL FORM L - SUBCONTRACTOR LIST
Proposer shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Proposer. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:
Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Proposer Company Name:
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41 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
1.1 SCOPE OF WORK:
The City of Modesto is seeking a qualified contractor to provide uniform and laundry services for approximately 500 City personnel. In addition, the contractor shall also provide miscellaneous door mats, dust mats, shop towels, terry towels, etc., as part of their service. This RFP does not include the purchase of items.
The successful contractor shall provide all products, labor, equipment, tools, transportation and fuel, and insurance necessary to perform all of the services outlined in the RFP.
1.2 GENERAL SPECIFICATIONS:
A. Provide cleaned work garments to City employees. Garment ownership shall remain with the contractor.
B. The term “new” and “used” shall be defined as follows:
1. “New” shall mean garments that have not previously been worn or otherwise put into use and are free from defects, mending or repairs. Garments that are factory irregulars or blemished shall not be accepted as new.
2. “Used” shall mean garments issued by the Contractor and worn by other clients of the Contractor then returned to the Contractor due to contract termination. Used garments shall have at least ½ of their service life left and may have some small mending or repairs. Garments that are excessively faded, excessively mended or that have stains or defects, non-mended holes or tears shall not be acceptable as used.
3. “Replacement Garment” shall be provided no later than the next delivery. It is preferred that a replacement garment, or temporary garment be provided within 24-48 hours. However, If the replacement garment cannot be provided within that 24-48 hours, the Contractor shall notify the appropriate City representative of the reason why and date the replacement will be made. The weekly cost for the missing replacement garment(s) shall be deducted from subsequent invoice(s).
1.3 GARMENT SPECIFICATIONS:
A. All male specified styles and cuts shall be available in any/all required sizes at no additional charge. All pants shall have fully functional belt loops.
B. All female specified styles and cuts shall be available in any/all required sizes at no additional charge and be designed for females. All pants shall have fully functional belt loops. Shirts for female employees shall be constructed specifically for female personnel and be of an appropriate length. If available, shirts are preferred to have a shirt tail that is able to be tucked.
C. Pricing shall apply to all sizes, including sizes the Contractor does not normally stock. The City shall pay no extra fees for non-stock sizes that the Contractor may need to purchase to fulfill this contract. #10..
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42 1.4 NON-SUPERVISORY UNIFORMS:
A. All non-supervisory garments shall be “Industrial Cut” unless otherwise approved in writing by the supervisor.
B. Shirts:
Men’s:
• 65% Polyester - 35% Cotton Poplin or
• 88% Cotton – 12% Nylon Twill Flame-Resistant
• 4.25 - 4.5 ounce material minimum
Women’s:
• 60% Combed Cotton - 40% Polyester fabric
• 4.25 - 4.5 ounce material minimum
• Longer tail preferred for tucking
C. Pants:
Men’s:
• 100% Cotton Denim, or
• 75% Cotton – 25% Polyester Duck or
• 65% Polyester - 35% Cotton Twill or
• 100% FR Cotton fabric
• 7.5 ounce material minimum
D. Pants:
Women’s:
• 100% Cotton Denim, or
• 75% Cotton – 25% Polyester or
• 65% Polyester - 35% Cotton Twill or
• 100% FR Cotton fabric
• 7.5 ounce material minimum
D. Cotton Garments:
Cotton shirts and pants shall be provided if an employee requires all cotton garments for safety and/or health reasons.
E. Coveralls:
Coveralls shall have a blouse back. Employees in plans with coveralls may choose, at the time they are enrolled, either 100% pre-shrunk cotton or a minimum 7.5 oz. material, 65% polyester/35% cotton twill coverall.
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43 F. Colors:
Departments/divisions will select the fabric color for garments from the Contractors standard colors list at the time of the initial fitting. The chosen colors will be standard issue within each division as shown in catalogs submitted with proposal.
G. Emblems:
Each uniform shirt shall have the City of Modesto logo. The cost for the initial City emblem and installation shall be included in the cost of the shirt.
H. First Name Emblem:
Should a Division request a first name emblem, the emblem shall match the color of the City emblem and shall be attached above the chest pocket on the left side of the shirt. The charge for first name emblem and installation shall be the same cost as City emblem and shall be included in the cost of the shirt.
I. Laundered pants and shirts shall be pressed and returned to the City on hangers (wrinkle free delivery).
J. Laundered coveralls shall be folded when delivered (wrinkle free delivery).
K. Shirts shall not have “points” from wire hangers on the shoulders.
1.5 SUPERVISORY UNIFORMS:
A. Shirts:
Men’s:
• 65% Polyester - 35% Cotton Poplin or
• 65% Polyester - 35% Cotton Twill or
• 60% Combed Cotton - 40% Polyester or
• 88% Cotton – 12% Nylon Twill Flame-Resistant or
• 100% Cotton fabric
• 4.25 - 4.5 ounce material minimum
Women’s:
• 60% Combed Cotton - 40% Polyester fabric
• 4.25 - 4.5 ounce material minimum
B. Pants:
Men and Women’s styles:
• Executive style (Alternative styles may be offered but the City reserves the right to accept or not accept)
• 65% Polyester – 35% Cotton Twill or
• 100% FR Cotton fabric
• 7.5 ounce material minimum
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44 C. The City reserves the right to select the fabric color per division for shirts and pants. Divisions may select more than one color for shirts and pants from the Contractor’s standard garments list.
1.6 MATERIALS:
A. Mats shall be industrial floor mats with nylon pile carpet with rubber borders and backing.
B. All towels shall be delivered in acceptable condition at all times; stains, holes, or rips shall not be acceptable.
1.7 UNIFORM SERVICE REQUEST:
A Uniform Service Request (URS) form shall be used for all transactions (sample form attached).
A. Enroll each participant and document the initial issuance of uniforms.
B. Employee transfers from one department/division to another department/division.
C. Replace garments due to loss or damage for which the City will be charged.
D. Variance from normal requirements, employees who choose to launder their own uniforms due to skin irritations from the cleaning process or from the chemicals used.
E. Employee requires all cotton garments.
F. Terminate an employee.
G. Temporary suspension of services for a particular employee for extended vacation or long-term illness.
H. All other transactions involving charges to the City.
The contractor shall obtain a signed USR by the City before completing any transaction. The Contractor shall complete pricing information on the USR before the City signs the form, authorizing the transaction.
1.8 ENROLLMENT PROCESSES:
A. Processes: Upon execution of the Contract by the Contractor and the City, the Purchasing Division will issue a Notice to Proceed. Upon receipt of the Notice to Proceed, the Contractor shall arrange meetings with all participating department/divisions to determine specific employee requirements.
B. Measurements: Within five (5) business days from the date of the Notice to Proceed, the Contractor shall provide a meeting schedule to the Purchasing Division for individual measurements of all employees. The meeting schedule shall be established by department/division. Measurements for the shirts shall include the sleeve length, neck size, chest size and waist length. Short and long shirts shall be provided for individual body sizes. Measurements for the pants shall include the waistline, inseam #10..
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45 length and hip, if necessary, to assure a proper fit in the hips/seat area.
C. Long Sleeve/Short Sleeve: Each employee shall choose short sleeve or long sleeve shirts, or a combination of both.
D. Coveralls: Coveralls measurements shall include chest size and length of legs and arms.
E. The Contractor shall keep the report current throughout the term of the contract. The Purchasing Division shall receive an updated report upon request.
F. Service Start-Up: Contractor shall furnish all garments within thirty (30) calendar days from the date of “Notice to Proceed”. All garments provided to City shall be new upon commencement of contract.
G. Identification of Uniforms: Employee name shall be identified in or on each garment. Once new garments are issued to employees, those garments shall be laundered and returned to same employee and shall not be reissued to a different employee unless the garments are exchanged by the employee (e.g. change of sleeve length or change of size), or the employee is on extended leave or terminated.
1.9 ADDING AND REMOVING EMPLOYEES:
A. The City shall have the right to add employees at any time during the term of the contract. There shall be no preparation fee to add employees and the weekly service rates will be as stated under the original agreement.
B. When service for new employee is added during contract period, garments shall be new, equal to the current condition of those garments placed into service at start of agreement.
C. The City may terminate services for any employee at any time without a monetary penalty being imposed by the Contractor. Upon termination, all uniforms will be turned into the Contractor. The City will pay for any missing or damaged garments in accordance with the Prorated Replacement Cost. USR shall be used to document termination.
D. The City shall notify the Contractor by USR to discontinue services in the event of extended absences due to vacation, extended illness or leave of absence. Contractor may choose to collect, or not to collect garments depending upon the length of the absence. Upon return of the employee, a USR will be prepared and the garments reissued.
E. When an employee transfers from one department/division to a different department/division, a USR shall be processed to close that employee’s account and the old garments shall be turned to the Contractor. A second USR shall be prepared by the new department/division for garments issued to the employee.
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46 1.10 ISSUANCE OF REPLACEMENT GARMENTS:
A. Garments must at all times, be in a condition acceptable to the City. Garments that, through normal use, are determined to be in an unacceptable condition shall be replaced at no cost to the City. Replacement garments may be used subject to City approval.
B. Garments lost or damaged beyond repair due to City’s negligence, shall be replaced by Contractor within two (2) weeks. The City will pay the appropriate prorated replacement charge as defined below.
The replacement garment may be new or used, subject to City approval. However, If the replacement garment cannot be provided within two (2) weeks, the Contractor shall notify the appropriate City representative of the reason why and date the replacement will be made.
1. Garments lost or damaged beyond repair by City shall be replaced at City’s expense. The cost of replacement shall be based on the Contractor’s quoted replacement cost for each new garment and shall be adjusted downward one-month for each month of usage.
2. The City will make a good faith effort to return Contractor’s merchandise at the end of the contract.
1.11 PREPARATION CHARGE:
A. Preparation charges may be charged for the following:
1. Replacement garments issued because of loss or damage by the City.
B. Preparation charges shall not be charged for the following:
1. Garments issued during initial enrollment or at the time of contract renewal, if City requires new garments.
2. Garments replaced by the Contractor due to loss or damage by the Contractor or worn out through normal wear. There shall also be no charge for the logo and name if these were on the original garment.
1.12 EMPLOYEE REQUESTED CHANGES:
A. Change of Uniform Plan: An employee may change garment types with supervisor approval and/or change size of garments at any time during the term of the contract for the cost of the Preparation Charge. New or used garments may be used.
B. Shirt Sleeve Length: After initial issue, an employee may request to change from a short sleeve shirt to a long sleeve shirt, or vice versa at any time with supervisor approval. New or used garments may be used.
1.13 LAUNDERING AND MAINTAINING GARMENTS:
A. Pick-up and delivery at all locations shall be made once a week. #10..
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47 B. When soiled garments are picked up they shall be counted at the pick-up point with a garment control list showing the number of garments picked up for each employee. The list will be given to the department/division at the time of the pick-up. Garments shall be inspected for special handling (i.e.:
pre-spot, repair, maintenance), at time of pick-up.
C. All garments shall be laundered and maintained in a condition acceptable to the City. Laundered garments shall be clean and free from any tears, grime, soiling, sand, dirt, lint, odors or paint, ink or grease stains.
D. If incoming garments have not been laundered satisfactorily by the Contractor, Contractor shall be notified and the weekly cost for the garment(s) shall be deducted from payment. When there is disagreement between the Contractor and department/division about such garments, or when the problem becomes chronic or ongoing, the department/division shall notify the Purchasing Division to resolve the problem.
E. Where lockers have been designated for City employees, laundered garments shall be delivered into the lockers. Contractor shall be notified of any missing garment(s) and the weekly cost for the garment(s) shall be deducted from payment.
F. The Contractor shall implement a tagging system to designate garments in need of repair or stain removal. Repairs and maintenance of all garments shall be done with the same fabric as the garment including thread color or transparent thread. Repairs/stain removal shall be completed by next delivery.
Repairs/stain removal shall be at no cost to the City. If the garment cannot be repaired or stain removed, the garment will be replaced at replacement cost.
G. Supervisory uniforms and cotton uniforms used for safety reasons (electrical workers) shall be repaired by darning and not by means of an iron-on patch.
H. Garments delivered after laundering without proper department/division patches or other required patches will be brought to the Contractor’s attention and the weekly cost for garment(s) shall be deducted from payment.
1.14 SERVICE COORDINATOR:
Upon award of contract, Contractor shall provide the Purchasing Division the name and telephone number of a service coordinator and route driver(s) handling the City’s account. In addition, the names and telephone numbers of backup personnel who are qualified to receive and resolve any/all complaints that arise during the performance of this contract.
1.15 COMPLAINT PROCEDURE:
For complaints involving the replacement of garments, replacement shall be made as quickly as possible, and no later than the next delivery date. If the replacement cannot be made within that time, the Service Coordinator shall notify the department/division and give the date when the replacement will be made. The weekly cost for the missing replacement garment(s) shall be deducted from the subsequent invoice. #10..
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48 1.16 UNIFORM PLANS, USAGE AND LOCATIONS:
The following tables are designed to provide Proposers with a comprehensive listing of the number of City employees currently using uniform services, their work site location, and a description of the uniform service plan they are currently receiving. The successful proposer shall be required to furnish whatever quantity may be required during the contract term. Quantities listed are estimates based on current usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. # of
Employees
on Plan
Plan Type
(list below) Location Work Unit Description
9 B 501 N Jefferson, Bldg. 4B Electrical – Electrician Uniform Pants & Shirts 2 D 501 N Jefferson, Bldg. 4B Electrical – Electrician Uniform Pants & Shirts 9 H 501 N Jefferson, Bldg. 4B Electrical – Electrician Coverall - Employee Launder 1 J 501 N Jefferson, Bldg. 4B Electrical – Supervisor Uniform Pants 2 E 1000 L St, Centre Plaza Centre Plaza – Production
Technician
Centre Plaza Shirts & Pants
1 C 1000 L St, Centre Plaza Centre Plaza – Maintenance
Technician
Centre Plaza Shirts & Pants
5 B 1000 L St, Centre Plaza Centre Plaza – Event
Attendants
Centre Plaza Shirts
18 E 1000 L St, Centre Plaza Centre Plaza – Service
Workers
Centre Plaza Shirts & Pants
4 C 501 N Jefferson, Bldg. 3 Parks – Supervisor Executive Shirts 17 B 501 N Jefferson, Bldg. 3 Parks – MW Uniform Pants & Shirts 4 H 501 N Jefferson, Bldg. 3 Parks – Mechanics Coverall - Employee Launder 3 B 501 N Jefferson, Bldg. 2 Streets – Supervisor &
Crewleader
Executive Shirts/Polo Shirts (Supervisor &
Crewleader)
15 B 501 N Jefferson, Bldg. 2 Streets – Technicians Uniform Pants & Shirts 1 B 501 N Jefferson, Bldg. 2 Streets – Technicians Coveralls 7 B 115 Elm Street Traffic Operations –
Technicians
Uniform Pants & Shirts
12 C 1109 9th St Parking – Laborer Shirts
1 D 1109 9th St Parking – Laborer Uniform Pants & Shirts 2 C 501 N Jefferson, Bldg. 1A Forestry – Supervisor Executive Shirts 25 B 501 N Jefferson, Bldg. 1A Forestry – Technician Uniform Pants & Shirts 2 B 501 N Jefferson, Bldg. 1A Tagging Abatement – MW Uniform Shirts 2 B 501 N Jefferson, Bldg. 1A Curb/Gutter/Sidewalk –
Supervisor
Executive Shirts (Supervisor & Crewleader)
7 B 501 N Jefferson, Bldg. 1A Curb/Gutter/Sidewalk –
Technician
Uniform Pants & Shirts
4 B 121 Elm Street Building Services –
Technician
Uniform Pants & Shirts
2 B 4240 Litt Road Water – Supervisor Executive Shirts & Pants 4 B 4240 Litt Road Water –Sr. USW Uniform Pants & Shirts 33 I 4240 Litt Road Water – USW & MW Uniform Pants & Shirts 33 I 4240 Litt Road Water – USW & MW Coveralls
1 B 4240 Litt Road Water – Supervisor Executive Shirts & Pants 2 B 4240 Litt Road Water – Water – Sr. USW Uniform Pants and Shirts 13 I 4240 Litt Road Water – USW & MW Uniform Pants and Shirts 13 I 4240 Litt Road Water – USW & MW Coveralls
2 I 4240 Litt Road Water – Elect & Instr. Techs Flame Resistant Pants & Shirts #10..
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49 2 I 4240 Litt Road Water – Supervisor Executive Shirts 2 B 4240 Litt Road Water – Supervisor Uniform Pants & Shirts 24 I 4240 Litt Road Water – USW & MW Uniform Pants & Shirts 24 I 4240 Litt Road Water – USW & MW Coveralls
3 B 1221 Sutter Ave Sewer Collections –
Supervisor
Executive Shirts & Pants
43 G 1221 Sutter Ave Sewer Collections –
Technician
Uniform Pants & Shirts
4 B 1221 Sutter Ave WWTP – Supervisor Executive Shirts & Pants 12 G 1221 Sutter Ave WWTP – Technician Uniform Pants & Shirts 22 G 1221 Sutter Ave WWTP – Operations Uniform Pants & Shirts 15 B 7007 Jennings Road WWTP – Technician Uniform Pants & Shirts 3 F 1221 Sutter Ave WWTP - Lab Lab Coats
5 B 1221 Sutter Ave WWTP – Lab Uniform Pants & Shirts
6 J 1221 Sutter Ave WWTP – Environmental Uniform Pants & Shirts 9 I 1221 Sutter Ave WWTP – Electricians Uniform Pants & Shirts 7 B 7007 Jennings Road Composting – Technicians Uniform Pants & Shirts 5 A 7007 Jennings Road Composting – Technicians Coveralls 6 B 501 N Jefferson, Bldg. 1A Street Sweeping – Equip
Operator
Uniform Pants & Shirts
9 B 501 N Jefferson, Bldg. 1A Green Waste Collection –
Equipment Operator
Uniform Pants & Shirt
1 C 501 N Jefferson, Bldg. 1A Green Waste Collection –
Supervisor
Executive Shirts
3 B 617 Airport Way Airport Operations – MW Uniform Pants & Shirts 2 B 1609 8
th Street Fleet Services – Parts Uniform Shirts/Polo Shirts 2 B 501 N Jefferson St. Fleet,
Bldg. 5
Fleet Services – Supervisors Executive Shirts/Polo Shirts 13 B 501 N Jefferson St. Fleet,
Bldg. 5
Fleet Services – Technicians Uniform Pants & Shirts
3 B 501 N. Jefferson St. Fleet,
Bldg. 5
Fleet Services – Crew Leaders Uniform Pants & Shirts
1 B 501 N. Jefferson St. Fleet,
Bldg. 5
Fleet Services - Welder Uniform Pants & Shirts, 100% Cotton. 1 C 600 10th St-Administration MPD - Supervisor Uniform Shirts 1 D 600 10th St-Administration MPD - Janitorial Uniform Shirts 1 C 600 10th St-Administration MPD - Janitorial Uniform Shirts 1 D 600 10
th St-Administration MPD - Fleet Uniform Shirts
4 B 600 10th St-Administration MPD - Abatement Uniform Shirts and Pants MATERIALS ONLY Location Work Unit Description
MODESTO
600 10th St MPD Administration Microfiber Wipes
600 10th St MPD Operations Microfiber Wipes & Bath Towel 1124 F St MPD Property & Evidence Microfiber Wipes
3000 W Main St, Crows
Landing
MPD Gun Range Shop Towel
610 11th Street MFD.Station 1 Sheets, Pillow Slips, Towels 420 Chicago Ave. MFD.Station 2 Sheets, Pillow Slips, Towels 635 El Vista Ave. MFD.Station 3 Sheets, Pillow Slips, Towels 1505 Blue Gum Ave. MFD.Station 4 Sheets, Pillow Slips, Towels 200 West Briggsmore
Ave.
MFD.Station 5 Sheets, Pillow Slips, Towels
2700 Standiford Ave. MFD.Station 6 Sheets, Pillow Slips, Towels 1800 Mable Ave. MFD.Station 7 Sheets, Pillow Slips, Towels 4025 Fara Biundo Drive MFD.Station 9 Sheets, Pillow Slips, Towels #10..
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50 148 Imperial Ave. MFD.Station 10 Sheets, Pillow Slips, Towels 4225 Carver Road MFD.Station 11 Sheets, Pillow Slips, Towels SALIDA
4820 Salida Blvd MFD.Station 12 Sheets, Pillow Slips, Towels CERES
2755 Third St MFD.Station 15 Sheets, Pillow Slips, Towels 3101 Fowler Rd MFD.Station 18 Sheets, Pillow Slips, Towels 830 Pecos Ave MFD.Station 19 Sheets, Pillow Slips, Towels
OAKDALE
450 S. Willowood Dr. MFD.Station 27 Sheets, Pillow Slips, Towels 325 E. G ST MFD.Station 28 Sheets, Pillow Slips, Towels
KNIGHTS FERRY
17700 Main St MFD.Station 29 Sheets, Pillow Slips, Towels Initial
Plan Type
# of
Employees
Description
A 5 Seven (7) cotton coveralls and launder three (3) cotton coveralls each week B 194 Eleven (11) shirts and eleven (11) pants and launder five (5) shirts and five (5) pants each week
C 22 Eleven (11) shirts and launder five (5) shirts per week D 5 Six (6) shirts and launder three (3) weekly
E 20 Seven (7) shirts, seven (7) pants and launder four (4) each week F 3 Five (5) lab coats and launder two (2) each week
G 77 Eleven (11) shirts, eleven (11) pants and launder five (5) shirts and five (5) pants each week. Some employees may exchange shirts/pants for coveralls.
H 13 One coverall per year. Employee to launder.
I 144 Eleven (11) shirts, eleven (11) pants, 2 coveralls, and launder five (5) shirts and five (5) pants each week. Launder coveralls as needed.
J 1 Eleven (11) pants, launder five (5) pants each week.
K 6 Fifteen (15) shirts, eleven (11) pants, and launder seven (7) shirts and five (5) pants each week
21 Locations Sheets, Pillowslips, and Towels
1.17 PICK-UP AND DELIVERY:
A. All items (garments and materials) shall be picked up on a weekly basis, cleaned and returned the following week at the delivery points specified herein, on the same day of each week, and all items delivered on that day (negotiated between City and Contractor). Deliveries shall be made between the hours of 7:30 A.M. and 3:00 P.M. A copy of the finalized schedule shall be given to the Purchasing Division within one week after the employees’ measurements have been taken. Changes in the schedule may change throughout the life of the contract (negotiated between City and Contractor).
B. Contractor shall provide sufficient size and quantity of laundry bags or containers appropriate for soiled garments as needed at each location at no additional charge. #10..
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51 C. Contractor shall provide a delivery ticket by department/division within each delivery location. Each delivery ticket shall contain the following information:
• Vendor’s Name
• Date of Delivery
• Name of department/division
• Delivery Address
• Itemized list of garments/supplies by employee name
• Quantity, unit price, extension of each item and total charges
1.18 USAGE REPORTS:
Upon request, the Contractor shall provide a report of items rented by the City. The report of rented items shall be sorted by department/division, and state the items description, inventory amount (weekly, monthly, bi-annual or annual where applicable), and actual inventory on hand.
1.19 SCHEDULED CITY HOLIDAYS:
• New Year’s Day
• Martin Luther King, Jr. Day
• Presidents’ Day
• Cesar Chavez Day
• Memorial Day
• Juneteenth
• Independence Day
• Labor Day
• Veteran’s Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Day
1.20 REQUIRED LICENSES:
Prior to beginning any service that shall be furnished under this specification, the Proposer shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Proposer shall maintain a City of Modesto business license for the duration of the agreement.
1.21 CITY REPRESENTATIVE:
All services provided under any resulting contract shall be under the general technical guidance and direction of the City of Modesto, Purchasing Division. 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.
1.22 INSURANCE:
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52 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 Risk Manager 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 - Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
B. General Liability - Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than One Million Dollars ($1,000,000) per incident or occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
C. Automobile Liability – If the Contractor or the Contractor's officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under the Agreement Insurance Services Office (ISO) Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage and transportation related pollution liability.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided.
Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated.
Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, 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. #10..
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UNIFORM & LAUNDRY SERVICES
53 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.
1.23 STAFFING REQUIREMENTS:
A. Contractor shall provide, at all times, adequate and expert managerial and administrative supervision for its employee in the Service Area. Contractor agrees that all persons working for or on behalf of Contractor whose duties bring them upon the premises shall obey the rules and regulations established by the City and shall comply with the reasonable directions of its officers.
B. Contractor shall provide sufficient back-up in times of staff shortages due to vacations.
1.24 CHARACTER OF WORKERS:
If any person employed by the Contractor fails or refuses to carry out the direction of the City, 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 Purchasing Manager, and such person shall not again work on any City job.
1.25 CONTRACTOR EMPLOYEE UNIFORMS:
All employees of the Contractor shall wear uniform-style shirts bearing the Contractor’s business name while performing contracted services on City sites. Upon award of a contract, the Contractor shall furnish a list of his/her employees to the Purchasing Division.
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54 SAMPLE AGREEMENT
SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 202__, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2024-____authorizing the Award of Bid and agreement for UNIFORM AND LAUNDRY SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for UNIFORM AND LAUNDRY SERVICES as described in RFP 2324-10, attached hereto as Exhibit “C” and made a part hereof (hereinafter called RFP).
NOW, THEREFORE, the parties hereto mutually agree as follows:
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55 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
[TBD – Insert Pricing Table Here]
3. CITY REPRESENTATIVE:
CITY Representative is:
________________________ ____________________________
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division. #10..
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56 4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: 2021 through 2022
Year 2: 2022 through 2023
Year 3: 2023 through 2024
Year 4: 2024 through 2025
Year 5: 2025 through 2026
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
5. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. #10..
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57 b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.
The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.
For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance #10..
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58 maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
7. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total
8. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this #10..
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59 AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
9. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
10. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
11. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. RFP 2324-10
d. Contractor’s City of Modesto business license
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60 12. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and #10..
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61 material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such #10..
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62 SERVICES.
13. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.
Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective #10..
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63 at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
18. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
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64 19. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
20. QUANTITIES: No minimum or maximum is guaranteed or implied.
21. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. #10..
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65 b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
24. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
25. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the #10..
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66 documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
26. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
27. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
28. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
29. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
30. WAIVER:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
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67 31. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
32. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
33. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
34. PARTIAL INVALIDITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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68 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 20__ and _____________________has caused this Agreement to be duly executed.
CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
CHRISTINA ALGER,
Acting Risk Manager
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UNIFORM & LAUNDRY SERVICES
PROJECT # 2324-10
COMMITTEE SCORING
Evaluation Criteria (As Detailed on Committee
Scoring Sheet)
Possible Points ARAMARK CINTAS MISSION LINEN PRUDENTIAL UNIFIRST SERVICE 25 22 19 21 20 19
PRODUCT QUALITY 25 22 17 19 19 15
COMPLAINT PROCEDURES 20 18 8 13 13 13
CONTINGENCY PLAN 15 14 5 11 14 12
COST 10 10 5 7 7 7
REFERENCES 5 5 4 3 5 3
Total 100 90 57 73 77 68
Ranking (# according to score highest to lowest) 1 5 3 2 4 #10..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
April 23, 2024
Date: April 3, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Polling and Survey Administration Services Agreements CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:
Consider approving an Agreement for Polling and Survey Administration services to Zencity Technologies, Inc. Wilmington, DE and the First Amendment to Probolsky Research, LLC, San Francisco, CA, for a combined amount not to exceed $839,900 over five years. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the 2020-2025 Strategic Plan’s Quality of Life Goals and Strategies— Improve Community Safety and Invest in Beautification Efforts and the 2020-2025 Strategic Plan’s Service and Delivery Goals & Strategies – Promote Trust and Engagement and Build a High-Performance Organization.
BACKGROUND:
The City of Modesto seeks to have periodic public opinion surveys conducted among its residents, businesses, taxpayers, and employees to gauge satisfaction and support for City projects and policies. Survey findings will be used to prioritize policy recommendations, refine messaging to stakeholders, and measure customer satisfaction for specific services, projects, and policies of the City of Modesto.
DISCUSSION:
On November 20, 2023, the Human Resource Department issued Request for Proposal (RFP) INF 24-21 for Polling and Survey Administration on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Twenty-three (23) companies downloaded the RFP document from PlanetBids. 1 91800- Consulting Services, 91806-Administrative Consulting, 91858-Governmental Consulting, 96100- Miscellaneous Services, No. 1 (Not otherwise classified), 96160-Public Opinion Surveys, and 96200-Miscellaneous Services, No. 2 (Not otherwise classified)
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City Council Agenda Report, April 23, 2024
Polling and Survey Administration Services Agreements