On December 5, 2023, proposals were received and opened via email. Six (6) chose to respond, there was no local proposals received.
An evaluation committee comprised of three (3) City staff members which included the Director of Finance, Director of Utilities, and the Human Resources Manager evaluated the proposals.
The evaluation was based on the ability to address all RFP Requirements, Qualifications, References and Costs.
Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the Polling and Survey Administration services to Probolsky Research, San Francisco, CA, and Zencity Technologies, Inc, Wilmington, DE.
Agreements with two firms will afford the City the specialized expertise needed to address the various polling and survey administration both internally with the City of Modesto employees and externally with the City of Modesto residents. The two selected firms have extensive experience conducting polls and surveys in local government.
An agreement with the first firm chosen, Probolskly Research, was approved effective February 9, 2024 under the City Manager’s authority, in an amount not to exceed $79,100 due to the City’s needs to expedite an internal survey. Staff is bringing forward an amendment to this contract for long-term use. The second proposal for services with Zencity Technologies, Inc. is coming forward as an initial contract for long-term use.
Staff recommends the Agreement for Polling and Survey Administration Services to Zencity Technologies, Inc. Wilmington, DE, and the First Amendment to Probolsky Research, LLC, San Francisco, CA, on an as needed basis, for a two (2) year agreement with three (3) one-year extension options, for an annual estimated amount of $175,200 and a combined total not to exceed $839,900 over five years.
In accordance with 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 the formal bid procedures. In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval for Polling and Survey Administration Services to Probolsky Research and Zencity Technologies conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services.
However, staff received six (6) proposals and evaluated them based on the ability to address all the RFP requirements, Qualifications, References, and cost.
FISCAL IMPACT:
Below is a table that summarizes a five-year spending activity.
Polling and Survey
Firms Year 1 Year 2 Year 3 Year 4 Year 5 Total
Probolsky Research $79,100 $115,200 $115,200 $115,200 $115,200 $539,900 Zencity Technologies, Inc. $60,000 $60,000 $60,000 $60,000 $60,000 $300,000 $839,900
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- 706 -
City Council Agenda Report, April 23, 2024
Polling and Survey Administration Services Agreements
The total cost for these agreements will not exceed $839,900 for all services for the full term of the agreements. Funding for any polling and survey services will be absorbed within the applicable departments’ existing budget. Funds affected will be determined by the polling and survey needs over the term.
COMMITTEE RECOMMENDATION:
This item was presented to the Finance Committee on March 18, 2024 and was recommended to be forwarded to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Agreement for Polling and Survey Administration Services to Zencity Technologies, Inc. Wilmington, DE, and the First Amendment to Probolsky Research, San Francisco, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $175,200 and total amount not to exceed $839,900 over five years for the combined total of all agreements and authorizing the City Manager or his designee to execute the Agreement and Amendment.
.
Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:
1. Resolution Polling and Survey Administration
2. Zencity Contract Agreement
3. First Amendment for Professional Services Agreement for Probolsky Research
4. Agreement for Professional Services Agreement for Probolsky Research with exhibits
5. RFP Evaluation Committee Scoring Sheet
6. Exhibit A- Zencity Proposal
7. Exhibit B- Zenicty Pricing
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5/30/23/HR/CAlger 1 2023 -
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE AGREEMENT FOR POLLING AND
SURVEY ADMINISTRATION SERVICES TO ZENCITY TECHNOLOGIES, INC. WILMINGTON, DE, AND THE FIRST AMENDMENT TO PROBOLSKY RESEARCH, SAN FRANCISCO, CA, FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $175,200 AND TOTAL AMOUNT NOT TO EXCEED $839,900 OVER FIVE YEARS FOR THE COMBINED TOTAL OF ALL
AGREEMENTS AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE THE AGREEMENT AND AMENDMENT
WHEREAS, the City Manager authorized the Human Resources Department to issue a Request for Proposals (RFP) for polling and survey administration services, and WHEREAS, on November 20, 2023, the Human Resource Department issued 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, and
WHEREAS, following the request, proposals were received and opened via email. Six (6) companies provided responsive and responsible proposals to conduct polling and survey administration, and
WHEREAS, an evaluation committee comprised of three (3) City staff members which included the Director of Finance, Director of Utilities, and the Human Resources Manager evaluated the proposals. The evaluation was based on the ability to address all RFP Requirements, Qualifications, References and Costs, and 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) #11..
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5/30/23/HR/CAlger 2 2023 -
WHEREAS, based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the Polling and Survey Administration services to Probolsky Research, San Francisco, CA, and Zencity Technologies, Inc, Wilmington, DE, and
WHEREAS, agreements with two firms will afford the City the specialized expertise needed to address the various polling and survey administration both internally with the City of Modesto employees and externally with the City of Modesto residents, and
WHEREAS, an agreement with the first firm chosen, Probolskly Research, was approved effective February 9, 2024 under the City Manager’s authority, in an amount not to exceed $79,100 due to the City’s needs to expedite an internal survey, and WHEREAS, in accordance with 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 the formal bid procedures. In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval for Polling and Survey Administration Services to Probolsky Research and Zencity Technologies conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services.
However, staff received six (6) proposals and evaluated them based on the ability to address all the RFP requirements, Qualifications, References, and cost. #11..
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5/30/23/HR/CAlger 3 2023 -
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Agreement for Polling and Survey Administration Services to Zencity Technologies, Inc. Wilmington, DE, and the First Amendment to Probolsky Research, San Francisco, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $175,200 and total amount not to exceed $839,900 over five years for the combined total of all agreements BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement and Amendment, in a form approved by the City Attorney.
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5/30/23/HR/CAlger 4 2023 -
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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- 711 -
City of Modesto
Polling and Survey Services Contract-Zencity
1 STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Zencity Technologies, Inc. a California Corporation, hereinafter referred to as "Consultant." This Agreement is made with regard to the following recitals:
A. The City has determined that it needs assistance with polling and survey administration externally with the City of Modesto residents.
B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project".
2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above for a two (2) year agreement with three (3) one-year extensions and will continue in effect until City’s acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
City hereby gives Consultant notice to proceed with the preparation of the Project, as of the Effective Date of this agreement. Consultant shall diligently proceed with the completion of the Project within the time period set forth in Exhibit "A".
3. COMPENSATION.
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City of Modesto
Polling and Survey Services Contract-Zencity
2 Consultant agrees to accept a annual estimated amount of SIXTY-THOUSAND DOLLARS ($60,000) per year as full remuneration for performing all services and furnishing all staffing and materials for the City in accordance with Exhibit "A" and for performance by Consultant of all its duties and obligations under the term of this Agreement unless additional remuneration is otherwise approved by the City Manager or designee based on City polling and survey needs so long as the total polling and survey needs citywide does not exceed THREE-HUNDRED THOUSAND DOLLARS ($300,000) for the two-year term of this Agreement.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the rates set forth in Exhibit “B” attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.
City shall pay Consultant Net 30 terms via City’s ePay Program,
4. OBLIGATIONS OF PARTIES.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
City represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; (ii) it owns all right, title, and interest in and to all data, including without limitation, #11..
- 713 -
City of Modesto
Polling and Survey Services Contract-Zencity
3 any Personal Data that may be included therein, provided to Consultant (if any) for use in connection with this Agreement, or possesses the necessary authorization thereto; and (iii) Consultant's use of such data or materials provided by City will not violate the rights of any third party.
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Nicky Kolios will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that percent ( 100 %) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. 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.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property #11..
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City of Modesto
Polling and Survey Services Contract-Zencity
4 of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from the City Manager.
8. CONFLICT OF INTERST.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement. . Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so, required at the option of City.
9. AMENDMENTS.
This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this #11..
- 715 -
City of Modesto
Polling and Survey Services Contract-Zencity
5 Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine and control the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
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City of Modesto
Polling and Survey Services Contract-Zencity
6 Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City. Consultant retains all right, title, and interest in the Licensed Program and any future modifications and enhancements thereof, and all intellectual property rights (including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark, and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature) therein. City is granted only a limited right of use to the Licensed Program and as set forth herein, which right of use is not coupled with an interest and is revocable in accordance with the terms of this Agreement
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section.
Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified pail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Zencity Technologies, Inc.
Address: 1313 North Market Street, Suite 1500
Wilmington, DE 19801
Attention: Mr. Lee Feldman
Phone: (954) 999-2115
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Christina Alger, Director of Human Resources Phone: (209) 577-5126
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City of Modesto
Polling and Survey Services Contract-Zencity
7 14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or 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.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for nonpayment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying #11..
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City of Modesto
Polling and Survey Services Contract-Zencity
8 to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed. #11..
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City of Modesto
Polling and Survey Services Contract-Zencity
9 CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
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 non-performance.
Within 10 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
City may terminate this Agreement at any time, with or without cause, upon 30 days prior to written notification to Consultant.
Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any #11..
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City of Modesto
Polling and Survey Services Contract-Zencity
10 portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Project 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 Project and/or property related to the Project;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
City will pay Consultant for work 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 Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; #11..
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City of Modesto
Polling and Survey Services Contract-Zencity
11 b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
16. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to the performance of its obligations under this Agreement.
Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
17. DISPUTE RESOLUTION.
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California. #11..
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City of Modesto
Polling and Survey Services Contract-Zencity
12 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. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. .
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. 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.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
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City of Modesto
Polling and Survey Services Contract-Zencity
13 This Agreement shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of , 2024 and Zencity Technologies, Inc., has caused this agreement to be duly executed as of the Effective Date. #11..
- 724 -
FIRST AMENDMENT TO
STANDARD AGREEMENT FOR
CONSULTANT SERVICES
This First Amendment made and entered into in the City of Modesto, State of California, this day of ______________, 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Probolsky Research, LLC, a California Limited Liability Company, hereinafter referred to as "Consultant".
This First Amendment is made with regard to the following recitals:
A. On February 9th, 2024, the City and Consultant entered into an Agreement for polling and survey administration (“Agreement”).
B. CITY and CONSULTANT desire to amend the Agreement by increasing the previously approved not to exceed amount from $79,100 to a revised not to exceed amount of $539,900 over five years.
NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Agreement for polling and survey administration, the parties agree as follows:
1. COMPENSATION.
Section 3 of the Agreement, “Compensation,” is deleted in its entirety and replaced with the following
Consultant agrees to accept a sum not to exceed $539,900 as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.
2. Except as modified and amended by this First Amendment, all other #11..
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provisions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment by its City Manager and attestation 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 Probolsky Research, LLC, has caused this First Amendment to be duly executed as of the Effective Date. #11..
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RFP INF 24-12 Polling and Survey Administration Services Max Score
Probolsky FM3
Tulchin
Gallup
Zilo
Zencity
Requirements - Primary Selection Criteria - 100 total points possible Abilit to addresss all RFP Requirements 30 28 21 15 17 25 21 Qualifications 20 18 15 9 12 14 17
References 20 17 6 8 11 17 14
Cost 30 30 13 20 21 10 30
Total Score 100 93 55 52 61 66 82
Ranking 1 5 6 4 3 2
The Score for each is the AVERAGE of all committee member's scoring. #11..
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Zencity for
City of Modesto, CA
INF 24-12
Polling and Survey
Administration
December 4, 2023
Prepared By
Zencity Technologies US, Inc.
Lee R. Feldman
ICMA-CM (retired)
Senior Advisor for Local
Government Strategy
[email protected]
954-999-2115
1313 North Market Street
Suite 1500
Wilmington, DE 19801
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December 4, 2023
Kelly Rice-Ortiz, Executive Assistant
City of Modesto
P. O. Box 642
1010 Tenth Street, Suite 2200
Modesto, CA 95353
Dear Ms. Rice-Ortiz:
Zencity is pleased to present our proposal to provide polling and survey administration services for the outstanding City of Modesto.The Zencity team has carefully reviewed the RFP requirements and created the following response to showcase how we can meet and exceed your service expectations.
Zencity is in a strong position to respond to this RFP as we possess a deep working knowledge of city operations and the vital local services such as those provided by Modesto. Our unique team of professionals has unparalleled technical expertise, and the capability to develop and implement practical methodologies that achieve useful data driven survey results relevant to your community. We pride ourselves on not merely being a contractor delivering a survey service, we view ourselves as reliable partners in the process with local governments. Additionally, we have deep integration with key strategic organizations that support performance excellence in local governments across the nation. We believe our modern data driven technologically based methods will produce results that the Modesto team, management staff and residents can rely upon.
We are the best proposal for Modesto’s team to select because we specifically serve the needs of local government. Our team of experts know local government and have outstanding service credentials in this field. We have served the community survey needs of hundreds of local governments across the United States and North America, including Long Beach and Stockton and would be honored to serve your community as well. Zencity has a deep bench and the capacity to perform including offices in New York City, NY; Tel Aviv, Israel; and Vancouver, BC; as well as employees working remotely across the United States. Our team of over 120 employees focus on the needs of our customers and deliver positive/proven results.
In closing, please feel free to contact me directly [email protected], 954-999-2115 or Zencity’s RFP coordinator, Max Coonin, at [email protected], 301-520-3813.
In advance, thank you for your time and consideration.
Sincerely,
/s/ Lee R. Feldman, ICMA-CM (retired)
Senior Advisor for Local Government Strategy
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1. Executive Summary
Founded in 2015 and led by Eyal Feder and Ido Ivry, Zencity believes that all types of local governments are the most important civic institutions of our time. Local leaders are at the forefront of providing the most essential government services and are best positioned to improve quality of life. Zencity was built for local government/special districts with this in mind and now works with 300+ jurisdictions across the United States.
A full list of our customers and testimonials can be found here Zencity - Serving hundreds of local governments, as well as a list of case studies with our local government customers here Working with cities to better serve their residents (zencity.io).
We are a group of people who know our lives couldn't run without the vital services provided by local governments like the City of Modesto. Zencity is composed of a unique combination of distinguished former local government professionals as well as community assessment/survey experts. Our organization was designed to meet the service and data needs of our clients- local government!
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2. Project Team Members
Our team is highly experienced in working with hundreds of local governments, bringing together decades of expertise in providing exceptional services and cutting-edge software solutions. Zencity has an extensive track record of successful projects and a deep understanding of the unique needs and challenges faced by local governments across the nation. This background makes us ideal to meet your needs. We believe that we are well-equipped to deliver tailored solutions that drive efficiency, transparency, and innovation.
Our approach, methodology and execution are led by a team of experts, who have collectively led thousands of research activities within the public sector. See detailed listing below:
Dr. Rachel Levenstein - Survey Methodology Lead
Rachel Levenstein is the Head of Survey Research at Zencity and is based in Maryland. She has 13 years of experience serving as a survey methodologist in the academic, nonprofit, and for-profit sectors. She holds a B.S. in Psychology from the University of Massachusetts and a Ph.D. in Survey and Data Sciences from the University of Michigan.
Previously, Rachel was a Senior Survey Methodologist at Westat, where she led the design and administration of surveys on adult literacy as well as a cross-national student assessment. Prior to that role, she worked at the American Institutes for Research. There, she managed large-scale education surveys across the United States. In addition, she worked with state departments of education and labor on ways to use data to improve policy on education and the labor force.
As the Lead Survey Methodologist, Rachel will design and lead all survey methods employed, including oversight of questionnaire creation, survey distribution, and analysis.
Lee R. Feldman, ICMA-CM (Retired), Senior Advisor for Local Government Lee R. Feldman, ICMA-CM (Retired), is the Senior Advisor for Local Government Strategy at Zencity and a Principal at The Euclid Group. Previously, Mr. Feldman was the City Manager for the City of Gainesville, Florida. He previously served as the City Manager of the cities of Fort Lauderdale, Palm Bay and North Miami, Florida, and as Deputy City Manager for the City of North Miami and Assistant City Manager and Assistant to the City Manager for the City of North Miami Beach.
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In 2018, Mr. Feldman was elected a Fellow of the National Academy of Public Administration. He has served as a President of ICMA; and currently as a member of the Board of Directors of the National Civic League and Leading Cities. He is a past recipient of the Florida League of Cities’ “City Manager of the Year” Award. Lee will serve as an advisor on the project, supporting the project from the local government perspective.
Noa Cohen - Survey Research Analyst
Noa Cohen will serve as the Survey Research Analyst. Since earning her MA in Development Studies and Applied Development Economics from the London School of Economics and Political Science in 2020, she has served as a research officer for the Office for National Statistics in the UK and at Zencity as a Survey Research Analyst. She will manage reporting and analysis with oversight from the Survey Methodology Lead.
Lauren Hoffman - Customer Success Manager & Project Manager Lauren is a veteran Customer Success Manager. She has worked with a wide range of clients across the country, on both coasts, cities and counties, of all population sizes as well as with law enforcement. She holds a master's degree in services marketing. As Modesto’s Customer Success Manager, Lauren will serve as the main liaison between the City and Zencity and will assist with any and all needs that should arise.
Eyal Feder-Levy - CEO & Co-Founder
Eyal Feder is an urban planner and community engagement expert and has worked with hundreds of cities over the past 10 years to implement advanced technology and methodologies into their management and communication processes. Today, as the CEO of Zencity, he helps over 300 local governments impact the lives of millions of residents by supporting hundreds of government decision-makers daily. Before founding Zencity, Eyal had been part of the founding team of “City Center”, Tel-Aviv University’s Interdisciplinary Center for Cities and Urbanism, where he led the first projects to implement machine learning into city management in Israel.
Apart from Zencity and academic work, Eyal is part of the World Economic Forum's Future of Urbanism advisory board and was previously the youngest board member of the Israeli Urban Planners’ Association. As CEO & Co-Founder, Eyal has overseen the RFP response and will continue to support the project in an advisory capacity. 4 #11..
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3. General Services Approach
We use the most technologically advanced methods in our survey work to include always-on cadance and transformational survey delivery techniques. A comprehensive community input and insights platform, Zencity is bringing the voices of more residents into the decisions, big and small, that shape the communities in which they live. In 2022, we helped our partners reach over 121,910,000 voices. Surveys conducted by our firm included a wide range of locally oriented subjects from utility service delivery, to crime to how a local park is designed. Each survey engagement is headed by a dedicated project team leader who will work with the City’s designated point of contact to meet your delivery schedule and produce a usable product meaningful to your concerns, goals and objectives. It would be our pleasure to serve your needs as well and add Modesto to our growing list of satisfied customers.
Zencity Technologies US Inc. is a Delaware corporation, and a fully owned subsidiary of Zencity Technologies Ltd. ZenCity Technologies, Ltd., from Tel Aviv, Israel, is the parent company of Zencity Technologies US Inc.
The following pages describes, Zencity’s approach for delivering high quality results for this project. We will include tasks around survey development, data collection, analysis, and reporting.
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Zencity will work closely with Modesto to develop and administer an online survey on community sentiment regarding the key issue you are focused on for your residents.
The Community Survey will be conducted on the schedule determined with the City.
The Implementation Schedule to complete the project (from start tofinish) will generally take approximately 90 to 120 days. Again, that schedule may be adjusted based on your needs, goals and objectives.
Our data collection methods are proven to include hard-to-reach populations, including younger residents, businesses, residents of color, and Spanish-speaking populations to name just a few.
A live dashboard will also be available for the term of survey collection displaying the survey results for all surveys, allowing users to drill down to specific demographics (for the Community Survey) and/or geographic levels. The dashboard will display data from open-ended questions as they come in, and the scores from the closed-ended questions will be available immediately after the data collection period. A full PDF report in English will be provided for each survey and presented to the City. Please note we also have the capacity to translate into Spanish and other languages as well.
The City of Modesto will have a strategic partner in Zencity for understanding public perception. Using the data Zencity will provide City-wide, staff will be able to better measure and test what strategies are or are not working in the public’s eye, and investigate the critical factors driving sentiment. Throughout the entire project, a designated local government success manager is available for any questions or concerns, and our survey and engagement experts will be available as support.
Zencity will work with the City to develop and implement a survey on residents satisfaction to provide a survey of community opinions in the City related to satisfaction with City services; economic development; public safety; amenities; quality of life in the City; communication with residents and stakeholders; and to obtain feedback that would improve services for residents. We will also be able to devise methods and strategies to measure local business owners and stakeholders in Modesto while soliciting responses that are inclusive of race, age, gender, education and level of income. This random sample will be designed to reach Modesto residents- 18 years or older by targeted advertisement methodologies.
We will analyze and display the data, providing any benchmarks available for other known communities surviving local government services. In addition, Zencity will provide a platform for residents engagement and work with the City to implement a custom plan to 6 #11..
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reach all residents. In this section, we will detail the general methodology and the implementation plan for all tasks.
Onboarding
As part of the Zencity onboarding, we will train an unlimited number of users in the City.
Each user will receive dashboard training to understand how to navigate the Zencity dashboard. In addition, each user will receive specialized training on how to interpret and use the data collected through the survey and engagement platform. Additional training sessions for key users will include a tour of additional tools and features and can be requested at any time. Each of these sessions takes approximately 1 hour and will be led by our Onboarding Manager.
After onboarding is complete, a seamless transition will be made as you start to work directly with your customer success manager (CSM). The CSM will meet regularly with the team to review progress, make adjustments, complete any additional training, and discuss key findings. The CSM will be the City’s main point of contact throughout the entirety of the contract and will be available for any and all questions.
Survey Development
Zencity will work closely with the City to ensure that the questionnaires for the Community Survey are appropriate and applicable to the City’s services, stakeholders and business community. The development of the survey will be an iterative process, with Zencity’s survey experts drafting, revising and obtaining feedback from the City’s project team. We anticipate 2-3 iterations of survey review until we gain approval from the City for publication.
Zencity measures change in sentiment over time in core metrics. For that reason, we expect to keep some survey question content across cycles, and we will add additional content and new information as the City’s project team’s understanding of local sentiment evolves.
Zencity will translate the survey questions into Spanish. If additional languages are requested, Zencity will translate the survey at no additional cost.
Community Survey
Zencity has been conducting Community/residents Service Surveys in dozens of communities across the United States. Unlike other Community Survey providers, Zencity 7 #11..
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has a flexible data collection mechanism, which can report data on a semi-annual or even quarterly basis. The survey content includes a “base” section that includes the following:
● Overall quality of service
● Satisfaction with services provided
● Community characteristics and sentiments towards change In addition, Zencity offers space for up to five custom questions that can be modified once per cycle (bi-annually or annually). For example, some cities might choose to include extra questions about housing issues, Internet access, emergency preparedness, or other City priorities to include in the custom questions.
Survey Execution
Zencity will launch data collection and monitor responses. We recommend a regular cadence for the Community Survey to allow the City to understand how these sentiments are changing over time.
Sample Size: The more we survey a population, the more difficult it can be to obtain participation (Groves et al., 2009). Particularly because we suggest multiple surveys over time, we suggest balancing the need for a reliably large sample size with concerns about participation. We will achieve a margin of error of ± 2.5%. Roughly 1,600 respondents per year (800 per cycle) will be adequate to achieve this margin of error. Because this is a nonprobability survey, we will continue data collection until we achieve a representative sample of this size. In the next section, we will describe representation and how we achieve it.
Methods of data collection: Probability-based surveys have been used for decades and have long been considered the gold standard in survey research. However, probability-based surveys are not without limitations (Baker et al., 2013; Elliott & Valiant, 2017). Not all cases are included on the initial list from which the sample is drawn. This “coverage error” can mean that renters and other more mobile residents may be systematically excluded from some surveys. In telephone surveys, survey organizations often rely on vendors, and individuals without listed numbers may be omitted. In mail surveys, individuals who move frequently or who do not have a fixed address may also be omitted. If the source of address information is based on utilities, data for multi-family housing like apartment buildings may be unavailable or incorrect. Nonresponse error, separately, has also long been an issue. Response rates in traditional probability-based surveys have been declining over the past 50 years. And when response rates are low, the risk of bias in a specific estimate due to nonresponse increases (Groves, 2006). For example, if younger respondents do not respond at higher rates compared to older respondents, any estimate of age will be biased, as will any variable that is related to age. 8 #11..
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Because traditional surveys have been missing key populations, we use cutting-edge techniques to collect statistically valid data from a representative sample of the City’s residents using non-probability-based survey methods.
We recruit survey respondents where the vast majority of residents can be most readily reached: on their digital devices. Respondents are recruited on various digital platforms via any device they might be using, such as smartphones, tablets, or desktops, and the sites they visit every day. With the help of targeted ads to an online survey, Zencity will assemble a representative sample of the Modesto resident base and ensure that voices that might not be included in traditional survey formats are heard. Respondents are targeted on social media, mobile apps, and online panels.
The ads, designs, images, or videos that potential respondents are shown will be generic and would not mention issues likely to bias certain types of individuals to take or decline to take a survey; instead, for example, an ad may announce: “We have an important new study for Modesto residents.” Only after clicking into a survey and seeing the questions will a respondent see the specific topics the survey covers.
Zencity chose this distribution method for its ability to collect a large sample of diverse backgrounds quickly; according to a 2021 study by the Pew Research Center, 93% of adults in the United States use the internet, positioning it as a modern “public square” for reaching and hearing from a wide variety of voices; the same research shows just how widespread Internet adoption is across characteristics like race, gender, and community type, as well as hard to reach groups.
We ensure all targeted individuals are true residents of the City in several ways. Before data collection, we use social media platform metadata to determine who likely lives within the area. Panel providers and mobile app vendors provide records of potential respondent zipcodes. Based on this information, we target individuals we believe live in the City. During data collection, we ask respondents if they live in the City and for their zipcode. If they do not report living there or provide an invalid zipcode, we remove that response from the analysis.
When awarded the work, Zencity staff will produce a detailed work plan. The work plan will outline each step involved in conducting the survey. Zencity staff will also produce a specific summary of the survey methodology that will be included in the Community Survey report.
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At Zencity, we recognize the importance of engaging with under-represented segments of the population to ensure that our local government partners can make informed decisions that truly represent the needs and aspirations of the community. With our knowledge and expertise in community engagement, we are poised to develop strategies and approaches to connect with segments of the City's population who have historically been under-represented, including the Spanish-speaking population, local stakeholders, businesses and residents between the ages of 18 and 34, and those living in multi-family dwellings.
Spanish-speaking population: To engage with Modesto’s significant Spanish-speaking population, we will deploy several tailored strategies to ensure inclusivity and effective communication:
● Language Inclusivity: We will design our surveys with the option of switching between English and Spanish, ensuring that your Spanish-speaking residents can easily comprehend and respond, and will display survey questions in the default language supported by the device. Ads that invite respondents to the survey will also be shown in both English and Spanish. If there are other languages that are desired by the City, our staff has the resources, training and ability to accommodate such issues for our clients.
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● Targeted Distribution. For the Community Survey, we will identify popular Spanish-speaking social media platforms, forums, and online groups specific to the Modesto community and distribute our survey through these channels.
In addition to Spanish, Zencity offers unlimited translations as long as the language is spoken by at least 5% of the population. Most major languages can be supported. We currently support the following languages, but Zencity will add languages upon request:
Residents between the ages of 18 and 34: Zencity employs a variety of methods to reach under-represented respondents for the Community Survey, including social media, mobile app ad networks, and survey panels. We have found that younger residents can be more readily reached by our mobile app ad networks and survey panels than social media, and that using these platforms consistently lead to more representation of younger residents than traditional survey methods.
By leveraging the above strategies, Zencity will ensure that historically under-represented segments of the City’s population are not only informed about the survey but also feel encouraged to participate and share their valuable feedback. 12 #11..
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4. Work Plan- Outline/General Schedule
In addition to the work plan as outlined in the methodology above, Zencity has the team and experience to meet your stated timeline. We will work to achieve the milestones set forth in the published RFP as outlined below:
Time Frame Description of Work
Project start ● Meet with the Zencity team for introductions, goal setting, and planning
● Onboarding process begins for City staff to train all users on how to use the Zencity platform and understand the data provided effectively.
Weeks 1-3 ● Align on survey questionnaires to ensure they meets the City’s needs and prepare to launch
● Methodology presentation
Week 4 ● Survey launch
Weeks 5-26 ● Data collection and availability of live feed of open-ended comments
Week 27-28 ● Zencity researchers carefully review Community Survey data and prepare a full report of findings
● Presentation to the City Manager
Week 29* ● Presentation to Department Directors
● Presentation to City Council
Week 30 ● Make changes to the Community Survey questionnaire as needed for Cycle 2
NOTE: Exact schedule to be determined to meet the survey methodology and goals of the City
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5. Other Community Work Samples
Bettendorf, IA
The City of Bettendorf used Zencity’s platform to identify residents’ public online sentiment regarding specific adjustments to city services due to the COVID-19 pandemic.
With Zencity’s Artificial Intelligence (AI) capabilities, City officials followed resident concerns and opinions from public social media channels, those managed by the city and non-city-owned sources. Specifically, the City’s team wanted to understand residents’ reactions to two specific issues: changes to the City’s waste removal schedules and procedures, and policy towards the opening of the City’s golf course.
To protect the safety of Bettendorf’s sanitation workers and residents, the City enacted new policies to allow for social distancing and the safe removal of the City’s waste. Some residents complained about the changes and the inconvenience caused, which suggested that the City might need to issue a response or change its policies. By using Zencity, City officials followed the conversation as the discourse progressed, and saw that a majority of residents in fact supported and appreciated the City’s efforts during the challenging time.
By quantifying and comparing online support for the new policy to the opposition, the city was confident that it did not need to invest time and effort in intervening or changing course.
More information on Zencity’s work with the City of Bettendorf can be foundhere.
City of Decatur, IL
In deciding how to distribute its CARES Act funding, the City of Decatur faced two main hurdles. The first was actually understanding the most pressing needs and priorities of its residents – in a timely manner. The City wanted to understand where residents thought fiscal resources would be most beneficial. Getting this resident input on a very specific question with enough time to incorporate feedback into the planning process was imperative. Second, Decatur faced the age-old STP challenge – how can the City include input beyond that which is expressed by the more vocal minority or STP (Same Ten People)? The City needed to get its City Council members on board with its proposed CARES Act funding allocation plans by ensuring that the plans reflected a broad perspective.
In addition to using Zencity’s dashboard to monitor public discourse, in April of 2020, the City of Decatur issued a Zencity “COVID Awareness and Impact” Survey which received nearly 1700 responses.
With resident’s qualitative input quantified and analyzed into key themes, the City used these survey responses to build a well-informed grant program around the allocation of its 14 #11..
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CARES Act funding – including setting specific parameters for business relief grants that reflected the expressed needs of its residents.
More information on Zencity’s work with the City of Decatur can be foundhere. 15 #11..
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6. References
Long Beach, California
Lea Eriksen
Chief Information Officer and Director of Technology & Innovation [email protected]
Stockton, California
Harry Black
City Manager
[email protected]
Hercules, California
Dante Hall
City Manager
[email protected]
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7. Pricing
Name SKU Product Description Term Term
Price
Zencity
Community
Survey
+
Zencity
Pulse
ZC-CSS
ZC-PP
Community Survey - Recurring, online survey
measuring resident satisfaction, with ongoing
scores always viewable from a live dashboard and
representative results aggregated into a report.
Pulse Survey - Ad-hoc online survey for
generating quick results on timely issues. Zencity
handles distribution, with guaranteed
representative results.
*1 Pulse included along with Community Survey.
12 Months
$28,295
Zencity
Pulse
*Optional
ZC-PP Pulse Survey - Ad-hoc online survey for
generating quick results on timely issues. Zencity
handles distribution, with guaranteed
representative results.
*Paid per extra Pulse
$12,495
*Optional
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ZENCITY ORDER FORM
Modesto CA
This Order Form ("Order Form") is entered into between the Zencity entity detailed below ("Zencity"), and the entity identified below ("Customer", and jointly with Zencity the “Parties”)), as of the Effective Date (as defined below) which shall remain in effect for the duration of the Initial Term as defined below and any renewal term (the “Term”) unless agreed otherwise explicitly and in writing between the Parties.
This Order Form includes and incorporates the Zencity Terms and Conditions attached hereto as Appendix A (the “T&Cs”). In the event of any conflict between this Order Form and the T&Cs, the terms of this Order Form shall prevail. All prices are quoted in USD.
ZENCITY CUSTOMER
Entity (legal) name: Zencity Technologies US Inc. Entity (legal) name:
Modesto, California
Full address: 1313 N Market St, Suite 5100
Wilmington, DE 19801
Full address: 1010 10th Street
Modesto, CA 95354
Contact: Marta Slobodyanyuk,
Government Solutions Manager
Contact: Kelly Rice-Ortiz,
HR
Phone: (706) 222-3324 Phone: 209-577-5200
Email: [email protected] Email: [email protected]
Name SKU Product Description Yearly List
Price Term
Term
Discount
Yearly
Discounted
Price
Zencity
Community
Survey (4/y)
ZC - CSS Community Survey - Recurring, online survey
measuring resident satisfaction, with ongoing
scores always viewable from a live dashboard
and representative results aggregated into a
report.
$80,000 2 years 25% $60,000
Total Billed Yearly $60,000
Total Fees for Two Years $120,000
Any additional modules, quantity increases or other custom development and integration work requested by Customer during the Term shall require an Order Form executed by the Parties, and shall be subject to the prevailing Zencity rate card subject to amendment from time to time.
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ORDER FORM TERMS
Effective Date: To be decided
Initial Term: 2 years, commencing on the Effective Date. The city would have the option to extend the contract for 3 additional years at the same discounted yearly price ($60,000).
Fees: The Fees are exclusive of any applicable taxes (including sales tax) and withholdings, which will be added to the Fees and paid by Customer, to the extent applicable.
Payment Terms: The Fees shall be payable on an annual basis within 30 days of the Effective Date and on each annual anniversary thereof.
Customer Billing
Contact:
Name: Kelly Rice-Ortiz
Phone: 209-577-5200
Email: [email protected]
Customer PO #
(if applicable):
N/A
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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
FROM: Christina Alger, Director of Human Resources
SUBJECT: Classification Plan Amendment
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:
Consider amending the Classification Plan to move the positions of Park Ranger from range 1114 to range 1119 and EMS Coordinator from range 437 to range 442. (Funding Source:
American Rescue Grants Fund and Measure H)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan Initiative:
Service and Delivery Goal J: Building a High-Performing Organization by Attracting and Retaining High Performance Employees.
BACKGROUND:
The City implemented a new program to address quality of life issues in our park system. This program began as a pilot program using the Police Cadet classification. Once it was determined that the program was successful, the City took steps to make the positions permanent. The City created the position of Park Rangers in June of 2023.
The EMS Coordinator position was used by the Fire department to coordinate required training in CPR and AED as well as coordinate and monitor Basic and Advanced Life Support programs.
This position was eliminated due to budget cuts during the pandemic. The Fire department recognized crucial program component oversight was lacking. Through the adoption of Measure H, the Fire department reallocated this position to ensure compliance. The City underwent negotiation and a compensation study during 22/23 fiscal year; however, this position was not included due to the elimination.
DISCUSSION:
Park Rangers are positions that are new to municipalities that have them. Placing these positions in a proper range was difficult due to the fact that they are not widely used. The City has been actively recruiting, however, it has been challenging to fill. In reviewing the market, the City would like to be positioned to better compete. The Human Resources department recommends moving from range 1114 to range 1119.
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City Council, April 23, 2024
Classification Plan Amendment
The Fire department initiated a recruitment once the position was reallocated but were unsuccessful in finding a candidate. The Human Resources department performed a salary study and determined that the salary needed to be adjusted. The Human Resources department recommends moving from range 437 to range 442.
FISCAL IMPACT:
The full annual fiscal impact of moving the Park Ranger position from 1114 to 1119 for each position is $7,197. There are a total of twelve positions, bringing the full cost to $86,364. The full annual fiscal impact of moving the EMS Coordinator from range 437 to range 442 is $13,312 and only effects one position. Due to vacancies during the fiscal year, the increase in the range will be absorbed within the current fiscal year operating budget.
Position Fiscal Cost Per Position Number of Positions Fiscal Impact Park Ranger $7,197 12 $86,364
EMS Coordinator $13,312 1 $13,312
COMMITTEE RECOMMENDATION:
This item was taken to Finance Committee on March 18, 2024, and was recommended to forward to Council.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution amending the Classification Plan for the City of Modesto to amend the classifications of Police Park Ranger and Emergency Medical Services Quality Improvement Coordinator.
Approved by:
Christina Alger, Director of Human Resources
Jose M. Sanchez, City Attorney
Attachments:
1. Resolution
2. Exhibit A – 400 SERIES – REPRESENTED M&C NONSWORN CLASS RANGE TABLE
3. Exhibit B – 1100 SERIES – PUBLIC SAFETY NONSWORN CLASS RANGE TABLE]
4. Exhibit C – Emergency Medical Services Quality Improvement Coordinator Job Description #12..
- 787 -
4/23/2024/HR/CAlger/ 1 2024-04
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR THE
CITY OF MODESTO TO AMEND THE CLASSIFICATIONS OF POLICE
PARK RANGER AND EMERGENCY MEDICAL SERVICES QUALITY
IMPROVEMENT COORDINATOR
WHEREAS, a Position Classification Plan for the City of Modesto was adopted by Modesto City Council Resolution No. 2023-268 pursuant to Rule 2.2 of the Personnel Rules and Regulations of the City of Modesto, and
WHEREAS, the City Manager has recommended to the Council amendments to the Position Classification Plan, and
WHEREAS, Rule 2.2 of the City of Modesto Personnel Rules provides that revisions to the Classification Plan shall be effective upon adoption of resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto as follows:
1. CLASSIFICATION PLAN AMENDED. The Position Classification Plan of the City of Modesto is hereby amended to change the range for the classifications of Police Park Ranger to salary range 1119 and to change the title and range for the classification of Emergency Medical Services (EMS) Quality Improvement Coordinator to salary range 442.
2. EFFECTIVE DATE. This Resolution shall become effective the pay period in which April 23, 2024, falls.
#12..
- 788 -
4/23/2024/HR/CAlger/ 2 2024-04
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 23rd day of April 2024, by ________, who moved its adoption, which motion being duly seconded by ________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
#12..
- 789 -
CITY OF MODESTO
CLASS RANGE TABLE
REPRESENTED MANAGEMENT AND CONFIDENTIAL NON-SWORN CLASSES Effective April 23, 2024
RANGE TITLE
411 Administrative Office Assistant II (Confidential)
Account Clerk I (Confidential)
415 Account Clerk II (Confidential)
Administrative Office Assistant III (Confidential)
Human Resources Assistant
ICMA Management Fellow
417 Parking Enforcement Officer
418 Police Support Specialist II (Confidential)
419 Senior Administrative Office Assistant (Confidential) Senior Human Resources Assistant
420 Workers’ Compensation Claims Assistant
421 Account Technician I (Confidential)
Legal Secretary I
422 Deputy City Clerk
Homeless Management Information System (HMIS) Technician 423 Administrative Services Technician I (Confidential) Custodian Supervisor
Executive Assistant
Human Resources Technician I
Systems Technician I
Workers’ Compensation Claims Examiner I
424 Buyer
425 Account Technician II (Confidential)
426 Homeless Management Information System (HMIS) Program Coordinator Legal Secretary II
#12..
- 790 -
City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes Page -2
RANGE TITLE
427 Administrative Services Technician II (Confidential) Human Resources Technician II
Office Supervisor Confidential
Safety Specialist
Systems Technician II
428 Senior Legal Secretary
Technology Solutions Analyst I
Workers’ Compensation Claims Examiner II
429 Employee Benefits Technician
Financial Analyst I
Risk Analyst I
Utility Dispatch Supervisor
430 Administrative Analyst I
Animal Control Supervisor
Assistant Planner
Central Stores Supervisor
Senior Buyer
Senior Legal Secretary
Senior Systems Technician
431 Assistant City Clerk
Human Resources Analyst I
Police Range and Training Center Coordinator
Senior Systems Technician
432 Parking Adjudication Program Coordinator
Parking Services Supervisor
Senior Workers' Compensation Claims Examiner
Software Analyst I
Systems Engineer I
Technology Solutions Analyst II
433 Events Coordinator
Financial Analyst II
Junior Engineer
Junior Landscape Designer
Neighborhood Preservation Supervisor
Risk Analyst II
Water Resources Analyst
#12..
- 791 -
City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes Page -3
RANGE TITLE
434 Administrative Analyst II
Assistant Surveyor
Police Civilian Supervisor
Police Hiring Supervisor
Recreation Supervisor
435 Assistant Transportation Planner
Associate Planner
Compost Facility Supervisor
Human Resources Analyst II
Solid Waste Supervisor
Solid Waste Enforcement Supervisor
436 Housing Rehabilitation Supervisor
Operations Supervisor
Software Analyst II
Systems Engineer II
437 Assistant Engineer
Assistant Landscape Designer
Financial Analyst III
Customer Services Supervisor
Senior Crime and Intelligence Analyst
Senior Events Coordinator
Transit Analyst
Weed and Seed Program Coordinator
438 Business Analyst
Cultural Services Program Manager
Emergency Medical Services Quality Improvement Coordinator - RN Management Analyst
439 Associate Transportation Planner
Electrical Supervisor – Utilities
Organizational Development Coordinator
Plant Maintenance Supervisor
Senior Community Development Program Specialist
Senior Human Resources Analyst
#12..
- 792 -
City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes Page -4
RANGE TITLE
440 Economic Development Marketing Specialist
Electrical Supervisor
Environmental Services Supervisor
Integrated Waste Specialist
Senior Planner
Senior Software Analyst
Senior Systems Engineer
441 Associate Engineer
Associate Land Surveyor
Associate Landscape Architect/Associate Architect
Auditor I
Housing and Urban Development Supervisor
Infrastructure Financing Program Supervisor
Public Safety Business Services Analyst
Senior Financial Analyst
Senior Landscape Architect/Senior Architect
Utilities Plant Operations Supervisor
Utilities Services Supervisor
442 Administrative Services Officer
Auditor II
Emergency Medical Services Quality Improvement Coordinator Laboratory Supervisor
Police Civilian Manager
Safety Officer
Senior Business Analyst
443 Centre Plaza Manager
Construction Inspection Supervisor
Customer Services Manager
Senior Transportation Planner
444 Associate Civil/Traffic Engineer
Environmental Regulatory Compliance Superintendent
Information Technology Security Officer
Plant Maintenance Superintendent
Principal Information Technology Administrator
Principal Systems Engineer
Purchasing Manager
Recreation Program Manager
Revenue Collections and Compliance Manager
Wastewater Collections Systems Superintendent
#12..
- 793 -
City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes Page -5
RANGE TITLE
Water Superintendent
445 Building Inspection Supervisor
Building Safety Program Coordinator
Community and Media Relations Officer
Public Safety Communications Manager
Public Safety Information Officer
Senior Landscape Architect/Senior Architect
446 Airport Manager
Deputy Fire Marshall
Environmental Regulatory Compliance Manager
Facilities Manager
Senior Land Surveyor
Water Quality Control Superintendent – Chief Plant Operator 447 Accounting Manager
448 Forestry Manager
Principal Planner
Recreation and Neighborhoods Services Manager
Transit Manager
449 Fleet Manager
Integrated Waste Program Manager
Streets Manager
450 Assistant Chief Building Official
Business Center Manager
Wastewater Collections Systems Manager
Wastewater Division Manager
Water Quality Control Plant Manager
Water Division Manager
451 Parks Planning and Development Manager
Senior Civil/Traffic Engineer
452 Economic Development Manager
Information Technology Manager
Operations Manager
Planning Manager
#12..
- 794 -
City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes Page -6
RANGE TITLE
453 Community Development Manager
Parks Recreation & Neighborhoods Operations Manager
Traffic Engineer
Senior Public Works Manager
455 Assistant City Engineer
Chief Building Official
460 Engineering Division Manager
461 City Engineer
#12..
- 795 -
CITY OF MODESTO
CLASS RANGE TABLE
PUBLIC SAFETY NON-SWORN CLASSES
Effective April 23, 2024
______________________________________________________________________
RANGE TITLE
______________________________________________________________________ 1103 Police Cadet I
1107 Police Cadet II
1115 Police Support Specialist I
1119 Police Animal Control Officer I
Police Community Service Officer I
Police Evidence and Property Technician I
Police Park Ranger
Police Support Specialist II
1122 Outreach Specialist
Police Officer Recruit
1123 Police Animal Control Officer II
Police Community Service Officer II
Police Evidence and Property Technician II
1124 Police Identification Technician I
Police Technician
1126 Senior Outreach Specialist
1127 Fire Prevention Inspector I
1128 Police Crime and Intelligence Analyst I
Police Identification Technician II
1131 Fire Prevention Inspector II
1132 Police Civilian Investigator
Police Crime and Intelligence Analyst II
1135 Senior Fire Prevention Inspector
1150 Police Aircraft Pilot
#12..
- 796 -
CITY OF MODESTO
No. 3164
EMERGENCY MEDICAL SERVICES (EMS)
QUALITY IMPROVEMENT COORDINATOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
To plan, organize, coordinate, and implement emergency medical services (EMS) programs within the Fire Department; to provide expertise in program elements for the organization; and to perform a variety of professional and technical tasks related to assigned area of responsibility.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from higher level supervisory, management, or department head staff.
May exercise direct supervision over assigned professional, technical, and administrative support staff.
ESSENTIAL AND MARGINAL FUNCTION STATEMENTS - Essential and other important responsibilities and duties may include, but are not limited to, the following:
Essential Functions:
Recommend and assist in the implementation of program goals and objectives; provide and coordinate the department’s continuous EMS education program in accordance with state and local regulations.
Develop, implement, and evaluate emergency medical services programs; compile, evaluate, and determine internal procedures and processes associated with assigned program; coordinate program activities across departments and with outside agencies.
Compile and evaluate operations and activities of assigned responsibilities; recommend improvements and modifications; prepare various reports on operations and activities.
Research, compile, and prepare reports and documentation on program activities; analyze program elements and recommend changes; maintain records of findings and corrective actions; prepare periodic status updates.
Perform quality improvement audits of pre-hospital documentation; prepare and oversee the teaching, training, and education of all EMS components within the department. #12..
- 797 -
CITY OF MODESTO
Emergency Medical Services (EMS) Quality Improvement Coordinator
Essential Functions: (Continued)
assist Emergency Medical Technicians (EMTs) and Paramedics with re-certification needs.
Coordinate and assist in the training for the cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) programs for department personnel and the public.
Coordinate and monitor the Department’s continuous quality improvement program for Basic Life Support (BLS) and Advanced Life Support (ALS); develop, implement, review, monitor, and revise training courses and manuals for BLS and ALS to ensure Fire Department personnel meet established standards.
Observe patient care provided by department employees, which may require furnishing employees with training, counseling, and orientation as needed.
Participate in evaluating department personnel to ensure performance standards compliance; may provide technical expertise regarding medical performance in disciplinary actions.
Review and update the department’s exposure control program, including assisting with drafting policies and procedures, providing training, and writing exposure follow-up reports; work with the Risk Management Division on required “Designated Officer” duties and responsibilities.
Analyze and interpret relevant legislation, regulations, and local protocols that may impact Paramedic, EMT, or other department EMS programs; make written recommendations, as necessary.
Participate in evaluating and making recommendations for the purchase of equipment and supplies used in EMS programs; assist in equipment maintenance and medical inventory control.
Assist in developing and implementing EMS public education programs; coordinate, schedule, and participate in presenting public awareness and educational programs.
Represent the department on committees, outside organizations, and at staff subcommittees as necessary, coordinate emergency medical services activities with other divisions and outside agencies.
#12..
- 798 -
CITY OF MODESTO
Emergency Medical Services (EMS) Quality Improvement Coordinator
Essential Functions: (Continued)
Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints.
May plan, prioritize, assign, supervise, and review the work of staff related to program activities.
Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.
Observe and maintain a safe working environment in compliance with established safety programs and procedures.
Marginal Functions:
Perform related duties as assigned.
MINIMUM QUALIFICATIONS
Knowledge of:
Principles and practices of emergency medicine, including clinical assessment techniques and the principles of patient prioritization and stabilization.
Principles, terminology, procedures, medications, and equipment used in the administration of emergency medical response and patient treatment for both BLS and ALS.
Pre-hospital medical practices and regional protocols.
Principles and practices related to the development, management, and administration of EMS systems and quality assurance programs.
State and local statutes and regulations pertaining to EMS training, service delivery, and quality improvement.
Effective training techniques and learning processes.
Pertinent federal, state, and local laws, codes, rules, and regulations. #12..
- 799 -
CITY OF MODESTO
Emergency Medical Services (EMS) Quality Improvement Coordinator
Knowledge of: (Continued)
Principles and practices of budget development, implementation, and monitoring.
Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.
Ability to:
Organize, implement, and direct all aspects of an EMS quality assurance program.
Monitor, evaluate, and provide feedback regarding the work performance of EMTs and Paramedics.
Plan, develop, coordinate, and conduct a variety of training programs for department staff and the public, including EMS, based upon a continuous quality improvement plan.
Research and analyze operational and technical issues and develop appropriate recommendations for action.
Interpret, explain, and apply federal, state, local, and department policies, procedures, laws, rules, and regulations.
Develop and recommend policies and procedures related to assigned operations Develop and maintain accurate recordkeeping systems.
Supervise, train, and evaluate staff.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
Experience and Training Guidelines:
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
#12..
- 800 -
CITY OF MODESTO
Emergency Medical Services (EMS) Quality Improvement Coordinator
Experience:
Three years of increasingly responsible experience in the training and/or delivery of health care services, fire services, or emergency medical care.
Two years of academic training experience or clinical experience in the practice of emergency medicine or pre-hospital care is desirable.
Training:
Equivalent to a bachelor’s degree from an accredited college or university with major course work in health services, fire science, public health, or a related field.
License or Certificate:
Possession of, or the ability to obtain, a valid California driver’s license.
Possession of a Basic Life Support (BLS) Instructor Certificate, issued by the American Heart Association, is required within one year of appointment.
Possession of an Advanced Cardiac Life Support (ACLS) Instructor Certificate and Pediatric Advanced Life Support (PALS) Instructor Certificate is desirable. Based on departmental approval, equivalent certifications may be accepted in lieu of the above.
Possession of California licensure as a registered nurse or physician assistant or certification as an EMT-Paramedic is desirable.
Failure to obtain any of the required licenses/certificates within the prescribed time will result in release from probation or termination.
PHYSICAL AND MENTAL REQUIREMENTS
Mobility: frequent use of keyboard; frequent sitting for long periods of time; occasional bending or squatting. Lifting: frequently up to 10 pounds; occasionally up to 25 pounds.
Vision: constant use of overall vision; frequent reading and close-up work; occasional color and depth vision. Dexterity: frequent repetitive motion; frequent writing; frequent grasping, holding, and reaching. Hearing/Talking: frequent hearing and talking, in person and on the phone. Emotional/Psychological: frequent decision-making and #12..
- 801 -
CITY OF MODESTO
Emergency Medical Services (EMS) Quality Improvement Coordinator
concentration; frequent public and/or coworker contact; occasional working alone.
Environmental: frequent exposure to noise.
WORKING CONDITIONS
Work is performed in a typical temperature-controlled office environment subject to typical office noise and environment. Some duties require travel from site to site and exposure to extreme noise from sirens and emergency equipment and working outdoors at emergency scenes. Some positions may be assigned to remote locations. Positions may require occasional flexible, overtime, or weekend work and travel is rare.
Class Spec History
Adopted 04/06
Revised 12/08,
07/19, 06/20
BU Mgt/Conf NS
#12..
- 802 -
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: Bill Sandhu, Director of Public Works
SUBJECT: On-Call Plumbing Service Agreements
CONTACT: Gabe da Silva, Facilities Manager, [email protected], 209-577-5319 DESCRIPTION:
Consider approving the Agreements for On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for a total combined amount not to exceed $593,127 over five years. (Funding Source: Building Maintenance Fund)
STRATEGIC PLAN ELEMENT:
This action supports the 2020-2025 City of Modesto Strategic Plan Area of Focus: Service Delivery Goals and Strategies; “Build community trust in City government through responsive, transparent and efficient service delivery.”; Goal H: “Achieve long-term financial sustainability.
BACKGROUND:
The City of Modesto, Public Works Department, Building Services Division is responsible for maintaining facilities within the City of Modesto. The current city-wide On-Call Plumbing Services agreement which includes maintenance, repair, and emergency services is near the end of the term of the agreement.
The Building Maintenance Division is required to do an Invitation for Bids (IFB) for On-Call Plumbing Services. Through the issuance of an IFB, the Building Maintenance Division will be able to better manage the On-Call Plumbing Services within the City of Modesto under a consolidated agreement rather than several different vendors handling different buildings and requests.
On November 18, 2018, by Resolution No. 2018-496, Council authorized the award of bid for the furnishing of On-Call Plumbing Services at city properties to Champion Industrial Contractors, Inc., for a two-year agreement with three one-year extension options, for an annual cost not to exceed $68,000 and a total amount not to exceed $361,089 over five years.
On September 26, 2023, by Resolution No. 2023-428, Council authorized the first amendment for On-Call Plumbing Services with Champion Industrial Contractors, to increase the agreement #13..
- 803 -
City Council, April 23, 2024
On-Call Plumbing Service Agreements
amount by $86,250 to a total revised amount not to exceed $432,370 through the term of the agreement, extending the term date from November 5, 2023, to May 5, 2024.
DISCUSSION:
On May 15, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for On-Call Plumbing Services. On October 20, 2023, the Purchasing Division issued IFB No.2023-02 for On-Call Plumbing Services on the City’s PlanetBids public bidding website under various commodity codes. On November 21, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Based on the City’s need for a pool of vendors and only receiving two bids which were inconsistent with markup percentages and contract cost, this combined with errors and incomplete information within the bid submittals, these bids were rejected.
On December 20, 2023, the Purchasing Division issued IFB No. 2324-02RB for On-Call Plumbing Services 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. Fifteen companies downloaded the IFB document from PlanetBids.
On January 23, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Three companies chose to respond, there was one local bid received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for the total amount not to exceed $593,127 between the two agreements.
Staff recommends awarding two agreements for On-Call Plumbing Services as follows:
Agreement 1, On-Call Plumbing Services Agreement #A - $57,500 estimated annually to Mark III Construction, DBA M3 Services Sacramento, CA. They are headquartered in Sacramento, CA but have a local office in Fresno, CA. With the research conducted to evaluate the bid response they were determined to have an excellent track record of quality service. Total fiveyear not to exceed total of $296,563.
Agreement 2, On-Call Plumbing Services Agreement #B - $57,500 estimated annually to Champion Industrial Contractors, Inc. Modesto, CA. They are currently working with the City and have an excellent track record of quality service. Total five-year not to exceed total of $296,564.
Staff recommends a separate agreement for M3 Services and Champion Industrial Contractors due to the bid pricing and to ensure that one vendor is not overwhelmed by the workload requested or due to response time. The two vendors will rotate services as needed per the direction of the Public Works Department, Building Maintenance Division.
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. Based on 1 67000- Plumbing Equipment, Fixtures, And Supplies, 67055- Plumbing Fixtures And Parts: Lavatories, Showers, Sinks, Toilets (Water Closets),Toilet Seats (Including Hygienic Type), Tubs, Etc., 91060- Plumbing Maintenance And Repair (Includes Pressure Tapping Services, Pipe Freezes, Toilets, Etc.), 91378- Maintenance And Repair, Pipeline (Includes Removal And Relocation), 91381- Maintenance And Repair, Sewer And Storm Drain (Including Removal), 91392- Maintenance And Repair, Water System, Main And Service Line, 91468- Plumbing, 93464-Plumbing Equipment And Fixtures, Maintenance And Repair. #13..
- 804 -
City Council, April 23, 2024
On-Call Plumbing Service Agreements
providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City Staff recommends the award of On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc.
Modesto, CA.
FISCAL IMPACT:
The two proposed agreements have a combined estimate annual average amount of $115,000, resulting in a combined estimated five-year not to exceed total of $593,127. A 5% Consumer Price Index increase has been added for Years three, four, and five, which are included in the Contracted Services pricing. Funds are budgeted in the Building Maintenance Fund (5800) with funding for contingency services being allocated at the time of approval.
Current
Spending
History
FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY22-23 FY23-24 Total Champion
Industrial
Contractors
$19,395 $87,349 $44,407 $65,884 $84,258 $87,572 $388,365 COMMITTEE RECOMMENDATION:
This was presented to the Economic Development Committee on April 8, 2024, and was recommended to forward to Council for approval of these agreements for on-call plumbing services.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Award of Bid and Agreements for On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc.
Modesto, CA for a three-Year Agreement with two one-year extension options, for a combined annual estimated amount of $115,000, and a combined total amount not to exceed $593,127 over five years between the two Agreements, authorizing the Director of Finance, or her designee, to adjust financial amounts between both providers without exceeding an estimated annual amount of $115,000 and overall cost of $593,127 and authorizing the City Manager, or his designee, to execute the Agreements.
Description Year 1 Year 2 Year 3 Year 4 Year 5 Total
On-Call Plumbing $ 115,000 $ 115,000 $ 115,000 $ 115,000 $ 115,000 $ 575,000 Consumer Price
Index (5%) $5,750 $6,037 $6,340 $18,127
Total for 5-Yr
Contract $ 115,000 $ 115,000 $ 120,750 $121,037 $121,340 $593,127 #13..
- 805 -
City Council, April 23, 2024
On-Call Plumbing Service Agreements
Approved by:
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement A – M3 Services
3. Exhibit B – M3 Services Bid Submittal
4. Agreement B – Champion Industrial
5. Exhibit B – Champion Industrial Bid Submittal
6. Invitation For Bids (IFB) On-Call Plumbing
7. Cost Abstract
#13..
- 806 -
04/23/2024/PW/GdSilva/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENTS FOR ON-CALL PLUMBING SERVICES TO MARK III CONSTRUCTION, DBA M3
SERVICES SACRAMENTO, CA AND CHAMPION INDUSTRIAL
CONTRACTORS, INC. MODESTO, CA FOR A THREE-YEAR AGREEMENT
WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR A COMBINED ANNUAL ESTIMATED AMOUNT OF $115,000, AND A COMBINED TOTAL AMOUNT NOT TO EXCEED $593,127 OVER FIVE YEARS BETWEEN THE TWO
AGREEMENTS, AUTHORIZING THE DIRECTOR OF FINANCE, OR HER
DESIGNEE, TO ADJUST FINANCIAL AMOUNTS BETWEEN BOTH
PROVIDERS WITHOUT EXCEEDING AN ESTIMATED ANNUAL COST OF $115,000 AND OVERALL COST OF $593,127 AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENTS
WHEREAS, the City of Modesto, Public Works Department, Building Services Division is responsible for maintaining facilities within the City of Modesto. The current city-wide On-Call Plumbing Services agreement which includes maintenance, repair, and emergency services is near the end of the term of the agreement; and WHEREAS, the Building Maintenance Division is required to do an Invitation for Bids (IFB) for On-Call Plumbing Services. Through the issuance of an IFB, the Building Maintenance Division will be able to better manage the On-Call Plumbing Services within the City of Modesto under a consolidated agreement rather than several different vendors handling different buildings and requests; and
WHEREAS, on November 18, 2018, by Resolution No. 2018-496, Council authorized the award of bid for the furnishing of On-Call Plumbing Services at city properties to Champion Industrial Contractors, Inc., for a two-year agreement with three one-year extension options, for an annual cost not to exceed $68,000 and a total amount not to exceed $361,089 over five years; and
#13..
- 807 -
04/23/2024/PW/GdSilva/Item X 2 2024-XX
WHEREAS, on September 26, 2023, by Resolution No. 2023-428, Council authorized the first amendment for On-Call Plumbing Services with Champion Industrial Contractors, to increase the agreement amount by $86,250 to a total revised amount not to exceed $432,370 through the term of the agreement, extending the term date from November 5, 2023, to May 5, 2024; and
WHEREAS, on May 15, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for On-Call Plumbing Services. On October 20, 2023, the Purchasing Division issued IFB No.2023-02 for On-Call Plumbing Services on the City’s PlanetBids public bidding website under various commodity codes; and WHEREAS, based on the City’s need for a pool of vendors and only receiving two bids which were inconsistent with markup percentages and contract cost, this combined with errors and incomplete information within the bid submittals, these bids were rejected; and
WHEREAS, on December 20, 2023, the Purchasing Division issued IFB No. 2324-02RB for On-Call Plumbing Services on the City’s PlanetBids public bidding website under various commodity codes. Prospective bidders were notified online and via email of the bid opportunity. Fifteen companies downloaded the IFB document from PlanetBids; and
WHEREAS, on January 23, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Three companies chose to respond, there was one local bid received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial #13..
- 808 -
04/23/2024/PW/GdSilva/Item X 3 2024-XX
Contractors, Inc. Modesto, CA for the total amount not to exceed $593,127 between the two agreements; and
WHEREAS, staff recommends a separate agreement for M3 Services and Champion Industrial Contractors due to the bid pricing and to ensure that one vendor is not overwhelmed by the workload requested or due to response time. The two vendors will rotate services as needed per the direction of the Public Works Department, Building Maintenance Division; and
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. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City Staff recommends the award of On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA; and WHEREAS, below is a breakdown of estimated yearly expenses for on-call plumbing services at City properties. Staff has included potential Consumer Price Index increases (5%) for Years 3, 4, and 5.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid for the furnishing of on-call plumbing services at City properties to Mark III Construction, DBA M3 Sacramento, Ca and Champion Industrial Contractors, Inc., Modesto, CA, for a three year agreement with two one-year Description Year 1 Year 2 Year 3 Year 4 Year 5 Total
On-Call Plumbing $ 115,000 $ 115,000 $ 115,000 $ 115,000 $ 115,000 $ 575,000 Consumer Price
Index (5%) $5,750 $6,037 $6,340 $18,127
Total for 5-Yr
Contract $ 115,000 $ 115,000 $ 120,750 $121,037 $121,340 $593,127 #13..
- 809 -
04/23/2024/PW/GdSilva/Item X 4 2024-XX
extension options, for an annual cost not to exceed $115,000 and a total amount not to exceed $593,127 over five years, which includes potential Consumer Price Index increases.
BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is hereby authorized to adjust financial amounts between both providers without exceeding the estimated annual cost of $115,000 and overall cost of $593,127.
BE IT FURTHER RESOLVED the City Manager, or his designee, is hereby authorized to execute these agreements.
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, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M SANCHEZ, City Attorney
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ANNUAL AGREEMENT #271292 - ON-CALL PLUMBING 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 M3 Service, LLC, a Limited Liability Company, hereinafter called CONTRACTOR.
WITNESSETH:
WHEREAS, the Modesto City Council adopted Resolution No. 2024-_____ authorizing the Award of Bid and agreement for ON-CALL PLUMBING 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 the ON-CALL PLUMBING SERVICES as described in IFB 2324-02RB attached hereto as Exhibit “C” and made a part hereof.
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NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, travel expenses, tools, licenses, 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 $57,500. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $287,500. 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”.
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AGREEMENT PRICING
LABOR RATES
Description Hourly Labor Rate
Journey Level Plumber - Hourly Rate for Normal Business Hours $ 120 /HR
Apprentice Level Plumber - Hourly Rate for Normal Business Hours $ 120 /HR
Journey Level Plumber - Hourly Rate for After Business Hours $ 180 /HR Apprentice Level Plumber - Hourly Rate for After Business Hours $ 180 /HR
Journey Level Plumber - Hourly Rate for Holiday Hours $ 240 /HR Apprentice Level Plumber - Hourly Rate for Holiday Hours $ 240 /HR
RESPONSE TIMES
Response Type Response to Request On-Site Response
Planned Projects/Repairs 24 to 48 hours As negotiated case-by-case Non-Emergency Repairs 8 to 24 hours 24 to 48 hours
Emergency Response 20 minutes 2 to 4 hours
EQUIPMENT PARTS AND COMPONENT COSTS
All parts and components furnished shall be at the Contractor’s landed cost less any earned discounts, plus a ten percent (10%) mark-up, plus sales tax. When called for by the CITY, the CONTRACTOR shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the CITY.
The City reserves the right to request copies of invoices made to contractor from subcontractor and/or supplier including freight charges.
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2. PREVAILING WAGES:
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit “C” are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#: 514949
3. CITY REPRESENTATIVE:
Gabe DaSilva, Facilities Manager, Public Works, (209) 652-2579 Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected]
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 #13..
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effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
4. CONTRACTOR CONTACT:
Contractor Contact: Brandon Jenkins, M3 Service, Director of Sales, (916) 583-9048, [email protected]
5. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three oneyear extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: May 6, 2024, through May 5, 2025
Year 2: May 6, 2025, through May 5, 2026
Year 3: May 6, 2026, through May 5, 2027
Year 4: May 6, 2027, through May 5, 2028
Year 5: May 6, 2028, through May 5, 2029
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 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.
6. 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 #13..
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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. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 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 #13..
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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 officers, officials, employees, agents, 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 officers, officials, employees, agents, 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, agents, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, agents, and 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 #13..
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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
Email to: [email protected]
At a minimum, invoices shall state the following:
This AGREEMENT number: 271292
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 AGREEMENT.
CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its officers, officials, employees, agents, and volunteers harmless under the provisions of this paragraph is not limited #13..
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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 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.
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c. IFB No. 2324-02RB
d. Contractor’s City of Modesto business license
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 non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the nonbreaching party, or such other time as may be identified in the notice. Failure to correct any nonperformance 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 under the Agreement, either in whole or in 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, #13..
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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 #13..
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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 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 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:
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It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, after 10 days from receipt of written notification 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 at the time the CITY makes final #13..
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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. DIR REGISTRATION:
Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.
18. 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.
19. 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 #13..
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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: M3 Service
Brandon Jenkins - Director of Sales
5101 Florin Perkins
Sacramento CA, 95826
[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.
20. 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.
21. QUANTITIES:
No minimum or maximum is guaranteed or implied.
22. 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.
23. 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 #13..
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be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
24. 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.
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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.
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.
25. 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.
26. RECORDS:
All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or #13..
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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 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.
27. 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.
28. 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.
29. 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 #13..
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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.
30. 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.
31. 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.
32. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
33. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
34. 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 #13..
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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.
35. 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. #13..
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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 M3 Services has caused this Agreement to be duly executed.
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-02RB
FOR
ON-CALL PLUMBING SERVICE
THE PAYMENT OF PREVAILING WAGES IS REQUIRED
BID OPENING: January 23, 2024, at 11:00 A.M.
CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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2 INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
Table of Contents PAGE
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 K. PREVAILING WAGE:................................................................................................................ 9 M. BID PROTEST AND APPEAL PROCEDURES...................................................................... 10 BID SUBMITTAL CHECKLIST............................................................................................................. 15 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 24 BID FORM E – BIDDER CUSTOMER REFERENCES.................................................................... 25 BID FORM F - FINANCIAL INTEREST DISCLOSURE.................................................................. 27 BID FORM G – SUPPORT OF LOCAL VENDORS ......................................................................... 29 BID FORM H - BIDDER COMPANY HISTORY STATEMENT..................................................... 30 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 31 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 33 BID FORM L - SUBCONTRACTOR LIST ........................................................................................ 34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS.................................................................. 35
1.1 SCOPE OF WORK......................................................................................................................... 35
1.4 REQUIRED LICENSES................................................................................................................. 36 SAMPLE ANNUAL AGREEMENT - SERVICES............................................................................. 39 #13..
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3 INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
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 On-Call Plumbing Services (the “Services”) for the City of Modesto, Public Works Department.
All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services 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 Tuesday, January 23, 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. #13..
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4 INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
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 # 2324-02RB.
BID OPENING DATE: JANUARY 23, 2024, AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:
MAIL TO: CITY CLERK 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. #13..
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5 CALENDAR OF EVENTS
Event Date
IFB Issued December 20, 2023
Written Questions Due via Email December 29, 2023
Addendum Issued (if required) January 4, 2023 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, January 23, 2024 Agreement Award Approximately May 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.
BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
CALIFORNIA LABOR CODE SECTION 1771.1 (a)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.
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. #13..
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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, November 21, 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 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.
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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7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy 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 TWO “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 Services 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 Services 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 signed wherever indicated and submitted to the City in the order listed):
• Bid Form A - IFBAcknowledgement
• Bid Form B – Bidder CompanyInformation
• Bid Form C - PricingSchedule
• Bid Form D – Bidder Exceptions, Clarifications,Amendments • Bid Form E – Bidder CustomerReferences
• Bid Form F - Financial InterestDisclosure
• Bid Form G – Support of LocalVendors
• Bid Form H – Bidder Company HistoryStatement
• Bid Form I - Addenda Acknowledgement Page (ifapplicable) #13..
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8 • Bid Form J – Bidder WarrantyStatements
• Bid Form K– Bidder Experience andCertifications
• Bid Form L - SubcontractorList
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 rejected.
H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services 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 agreement(s) to one or more Bidder(s) in order to provide adequate coverage 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.
• The City reserves the right to select Bid(s), which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be #13..
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9 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.
I. 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 (5) business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
J. 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.
K. PREVAILING WAGE: Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
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10 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. • 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 Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services 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 submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. #13..
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11 • 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. • 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
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12 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 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 #13..
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13 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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14 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. #13..
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15 BID SUBMITTAL CHECKLIST
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 and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:
COMPLETE BID ELEMENTS
Bid Form A – IFB Acknowledgement X
Bid Form B – Bidder Company Information X
Bid Form C - Pricing Schedule X
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References X
Bid Form F - Financial Interest Disclosure X
Bid Form G – Support of Local Vendors X
Bid Form H – Bidder Company History Statement X
Bid Form I - Addenda Acknowledgement X
Bid Form J – Bidder Warranty Statements X
Bid Form K – Bidder Experience and Certifications X
Bid Form L - Subcontractor List X
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. #13..
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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 45 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 unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.
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17 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 coming 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. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
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18 (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 Services, 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 Bids Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.
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 furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto, and made a part hereof, for the pricing proposed on the Pricing Schedule.
Bidder Company Name: M3 Service
Bidder Headquarters Address: 5101 Florin Perkins
City/State/Zip: Sacramento Ca, 95826
Signature/Title/Date: Brandon Jenkins / Director of Sales /11-1-2023 #13..
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19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
M3 Services
B. Bidder Company
Marketplace (or DBA)
Name
Mark III Construction
C. Type of Legal Entity: Corporation, registered in (State) Limited Liability Company, registered in (State)
X Partnership, registered in (State)
Sole Proprietorship, registered in (State)
Other (Describe)
D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):
5101 Florin Perkins, Sacramento, Ca 95826
E. Website Address: www.mark-three.com
F. Contact Person Details: Name: Brandon Jenkins
Title: Director of Sales
Phone (Office) 916-583-9048:
Phone (Mobile): 916-719-4619
Mailing Address (5101 Florin Perkins, Sacramento, Ca 95826):
Fax Number:
Email: [email protected]
G. Federal Taxpayer
Identification Number
(TIN):
88-3069048
H. Dun & Bradstreet
(DUNS) Number:
1000997567
I. Names and Titles of
Top Three Bidder
Officers:
Andy Powne – VP of Service
Tyler Thomson – Plumbing Service Manager
Dan Carlton – President
J. Years in Business: 43 years
K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):
5101 Florin Perkins, Sacramento, Ca 95826
L. City of Modesto
Business License
Number (note –
provide only if
1308240
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20 available now - - but
not required until any
contract begins):
M. State of California
Contractor License
Number and Expiration
Date (if available):
1099722
N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and Expiration
Date (if available):
NA
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ON-CALL PLUMBING SERVICE
21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required services 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.
LABOR RATES
Description Hourly Labor Rate
Journey Level Plumber - Hourly Rate for Normal Business Hours $ 120 /HR Apprentice Level Plumber - Hourly Rate for Normal Business Hours $ 120 /HR Journey Level Plumber - Hourly Rate for After Business Hours $ 180 /HR Apprentice Level Plumber - Hourly Rate for After Business Hours $ 180 /HR Journey Level Plumber - Hourly Rate for Holiday Hours $ 240 /HR Apprentice Level Plumber - Hourly Rate for Holiday Hours $ 240 /HR The payment of Prevailing Wages is required for this project.
Labor Craft Direct Labor Rate* Fringe Benefit Rate**
Labor
Markup
(percent) Price Per Service
Journey Level Plumber $ 40 /HR $ 37.86 /HR 48 % $ 120 /HR Apprentice Level Plumber $ /HR $ /HR % $ /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.
EQUIPMENT PARTS AND COMPONENT COSTS
All parts and components furnished shall be at the Contractor’s landed cost less any earned discounts, plus a ten percent (10%) mark-up, plus sales tax. When called for by the CITY, the CONTRACTOR shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the CITY. #13..
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22 BUSINESS HOURS
Normal Operating Business Hours Open Close
Monday 7:00AM 4:30PM
Tuesday 7:00AM 4:30PM
Wednesday 7:00AM 4:30PM
Thursday 7:00AM 4:30PM
Friday 7:00AM 4:30PM
Saturday 7:00AM 4:30PM
Sunday 7:00AM 4:30PM
RESPONSE TIMES
Response Type Response to Request On-Site Response
Planned Projects/Repairs 24 to 48 hours As negotiated case-by-case Non-Emergency Repairs 8 to 24 hours 24 to 48 hours
Emergency Response 20 minutes 2 to 4 hours
OBSERVED HOLIDAYS
Contractor to establish Company observed Holidays.
Observed Holiday Date
Number of Days
Observed
Christmas 12/25/2024 1
New Years 1/1/2024 1
Thanksgiving 11/25/2024 1
Fourth of July 7/4/2024 1
Easter Sunday 3/31/2024 1
Labor Day 9/4/2024 1
Christmas 12/25/2024 1
New Years 1/1/2024 1
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23 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:
X 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 articles and/or services 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: M3 Service
Name of Bidder Signatory: Brandon Jenkins
Signature of Bidder Representative:
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24 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:M3 Service
Name of Bidder Signatory: Brandon Jenkins
Signature of Bidder Representative:
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25 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 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: Anheuser – Busch
Address: 3101 Busch Drive
City, State, Zip Code: Fairfield, Ca, 94534
Contact Person: Arron Chang
Email Address: [email protected]
Telephone Number: 314-920-2828
Type of Business or
Governmental
Agency:
Brewery
Date Range of
Service:
5/29/2019
Annual Contract Value $ 150,000.00
Company Name: Amazon
Address: 410 Terry Ave North
City, State, Zip Code: Seattle Washington 98109
Contact Person: Wilmer Alvarez
Email Address: [email protected]
Telephone Number:
Type of Business or
Governmental
Agency:
443-862-1339
Date Range of
Services:
E-Commerce
Annual Contract Value 1/2015
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26 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 $
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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27 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.
Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:
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28 First Name, Last Name Tyler Lilly
First Name, Last Name Terry Thomas Jr
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: M3 Service
Name of Bidder Signatory: Brandon Jenkins
Signature of Bidder Representative:
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INVITATION FOR BIDS # 2324-02RB
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29 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:
Brandon Jenkins Director of Sales
Print/Type Name:
Title:
Signature:
Date:
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INVITATION FOR BIDS # 2324-02RB
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30 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 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: Brandon Jenkins Insert Bidder Logo Here (if existent):
Insert Bidder Company History Overview Statement Beginning Here:
On January 1, 1976 in a Denny’s restaurant in Sacramento, Mark O’Brien sat down with Buzz Oates and Charlie Massie to discuss a business opportunity that would lead to a long-term partnership. Mark shared his vision to build an electrical subcontracting company, and Buzz and Charlie agreed to invest.
The company was conceived that morning inside Denny’s. They would name it “Mark III Construction,” representing each of the original three investors.
Mark found himself running a company with no experience handling payroll or purchase orders. His first hire was his brother, Tim, followed by an accountant, his neighbor. Soon after, they were a team of 25.
Their days were spent in the field and their nights were spent doing paperwork. Within months, Mark saw an opportunity to expand beyond electrical work, adding mechanical and plumbing trades to their operations – the “Power of One” approach was born. Fast-forward to present day, Mark III remains a family-owned company and continues to operate within the same building where it opened in 1976, with an additional office in Fresno.
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31 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: M3 Service
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32 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, terms, 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 materials, supplies, or other services 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 materials, assemblies, components, supplies, or 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: M3 Service Insert Bidder Logo Here (if existent):
Insert Bidder Warranty Statement Beginning Here:
M3 Service has a 1-year warranty on labor and manufacturer warranty on parts. #13..
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33 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder 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 IFB:
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 Bid 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: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include active State of California Contractor’s License with Classification C36 for Plumbing. #13..
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34 BID FORM L - 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, 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)
M3 MEP 5101 Florin Perkins Construction 421726 1000997567 Bidder Company Name: M3 Service
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
35 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
1.1 SCOPE OF WORK:
The City of Modesto is requesting bids for ON-CALL PLUMBING SERVICES for miscellaneous plumbing service work at various locations throughout the City of Modesto on an as needed or emergency response basis.
The work consists of a series of individual projects to maintain, repair, or improve existing city owned or leased facilities and non-City facilities impacted as a result of water distribution and sanitary sewer system improvements or required repairs to maintain public health and safety. The work under this contract will be divided into multiple separate sub-projects, which are undefined at this time. Contractor shall have at a minimum an active State of California Contractor’s License with Classification C36 for Plumbing.
1. The scope of this contract will be for hourly labor, based on a time and material (T&M) basis to perform commercial quality plumbing services, unless the individual sub-project is quoted as lump sum.
2. Contractor must be experienced at and either own or have immediate access to equipment necessary to do commercial plumbing and repairs. These services may include, but are not limited to, the following type of jobs:
a. All preparation work needed to properly install new plumbing work. b. Troubleshooting plumbing issues.
c. Making repairs to gas lines, sewer lines, water lines. d. All types of plumbing repairs including confined space repairs. e. Handle plumbing associated with remodels and buildouts. f. Install new fixtures, such as faucets, toilets, water fountains, bottle fill stations. g. Valve replacements.
h. Relocate existing fixtures.
i. Commercial re-piping.
j. High-pressure jet drain cleaning including both large and small pipe diameters. k. Electronic line location and leak detection.
l. Residential and commercial water heater replacement and repairs. m. Fiber-optic pipeline video inspection.
n. Rodding and clearing of sewer lines.
o. Replacement of damaged or defective sewer lines.
p. Pump repair and installation.
3. Laying out, installing, replacing, piping, and testing plumbing service and plumbing systems and components. Systems include, but are not limited to domestic water, heating, cooling, hot water systems, conditioned water systems, sanitary sewer, and storm systems as well as toilets, urinals, and sinks. #13..
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36 4. Contractor must have an established business with a minimum of three (3) years hands-on experience in commercial plumbing servicing and repairs.
5. Delivery of Services:
a. Contractor must be able to provide service twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year, including holidays for the duration of the agreement. b. The City expects the Contractor to give “priority” service to any call for plumbing repairs for The City. Response times are stated on the City’s Pricing Schedule. Contractor must commit to response times as reported on the Pricing Schedule.
c. Service will be performed in a variety of government locations including administrative offices, park facilities, community centers, the public safety centers, as well as private residences and facilities. All unique requirements and or regulations for each location shall be strictly followed by the Contractor and the Contractor’s employees.
6. Retain and provide professional personnel who have successfully and competently provided plumbing maintenance and repair services on projects of similar scope and complexity.
7. Provide plumbing maintenance and repair in accordance with the highest standards of the industry, skill, workmanship, and applicable trade practices. Provided plumbing maintenance and repair shall meet warranties and be in conformance to all applicable laws, codes, and regulations.
8. Provide appropriate tools and vehicles necessary to support all facility plumbing maintenance and repair functions during hours of operation and for response after normal working hours.
9. Leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform plumbing maintenance and repairs. Properly discard all used materials.
1.4 REQUIRED LICENSES:
Prior to beginning any work or delivering any equipment or material to be furnished under this specification and bid, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto.
Business/Delivery license information may be obtained by calling (209) 577-5389.
If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California Contractor's license(s) at the time the bid is submitted. A contract shall not be awarded to a bidder that does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California.
Contractor shall have at a minimum an active State of California Contractor’s License with Classification C36 for Plumbing.
1.5 CONTRACTOR’S RESPONSIBILITY FOR WORK:
Until the formal acceptance of the work by the Technical Liaison, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials, and equipment to be used therein, delivered to the work site. The Contractor shall bear full risk of loss, injury, or damage to any part of the work #13..
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37 and parts, material, or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts, or materials, before final acceptance by the City.
Suspension of work for any cause whatsoever shall not relieve the Contractor of their responsibility for the work or parts and materials as specified on the work request. The Contractor shall be responsible for and remedy all defects arising from faulty, improper, or inferior workmanship.
The Contractor shall be responsible for any damage their activities cause to adjacent public or private property.
The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.
1.6 CHARACTER OF WORKERS:
If any person employed by the Contractor fails or refuses to carry out the direction of the City Representative or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the job on the request of the Technical Liaison or Purchasing Manager, and such person shall not again work on any City job.
1.7 LABOR FORCE AND SUPERVISION:
The Contractor shall provide sufficient labor at all times to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The Contractor shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the contract.
1.8 DELAY BY THE CITY:
Any act or omission of any kind by the City of Modesto, its officers, agents, or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work but shall give the Contractor no damages for such delay.
1.9 ADDITIONAL AND EMERGENCY PROTECTION:
Whenever, in the opinion of the Technical Liaison, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the Technical Liaison may provide suitable protection with or without first notifying the Contractor. The cost and expense of such protection provided by the City shall be borne by the Contractor. The City shall deduct the cost of such protection from any monies due or to become due to the Contractor.
1.10 BARRICADES:
The Contractor shall provide and place barricades and/or safety ribbon as necessary to restrict access to the work areas. The Contractor shall be responsible for maintaining access control of the work areas from the time construction starts until the time the work site is returned to its pre-project condition, including paving and cleanup.
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38 1.11 CLEANUP:
Prior to requesting a final inspection, the Contractor shall carefully clean up and remove all surplus materials and/or debris of any type resulting from the Contractor’s work from the work site and shall dispose of all of the materials and debris in a proper manner. The work site shall be left clean and neat. All plant piping used to transport material from the work area shall be flushed at the completion of the work.
1.12 DISPOSAL OF MATERIALS:
The Contractor shall certify that any materials and debris removed from the site shall be disposed of in accordance with applicable Federal, State and Local laws, regulations, or ordinances. If requested by the City, Contractor shall furnish proof of disposal.
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39 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 , 2024, by and between The City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and , a , hereinafter called CONTRACTOR.
WITNESSETH:
WHEREAS, the Modesto City Council adopted Resolution No. 2024-XX authorizing the Award of Bid and agreement for ON-CALL PLUMBING 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 the ON-CALL PLUMBING SERVICES as described in IFB 2324-02RB attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
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40 NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, travel expenses, tools, licenses, 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.
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41 AGREEMENT PRICING
LABOR RATES
Description Hourly Labor Rate
Journey Level Plumber - Hourly Rate for Normal Business Hours $ /HR Apprentice Level Plumber - Hourly Rate for Normal Business Hours $ /HR Journey Level Plumber - Hourly Rate for After Business Hours $ /HR Apprentice Level Plumber - Hourly Rate for After Business Hours $ /HR Journey Level Plumber - Hourly Rate for Holiday Hours $ /HR Apprentice Level Plumber - Hourly Rate for Holiday Hours $ /HR
RESPONSE TIMES
Response Type Response to Request On-Site Response
Planned Projects/Repairs 24 to 48 hours As negotiated case-by-case Non-Emergency Repairs 8 to 24 hours 24 to 48 hours
Emergency Response 20 minutes 2 to 4 hours
EQUIPMENT PARTS AND COMPONENT COSTS
All parts and components furnished shall be at the Contractor’s landed cost less any earned discounts, plus a ten percent (10%) mark-up, plus sales tax. When called for by the CITY, the CONTRACTOR shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the CITY.
The City reserves the right to request copies of invoices made to contractor from subcontractor and/or supplier including freight charges.
2. PREVAILING WAGES:
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general #13..
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42 prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#:
3. CITY REPRESENTATIVE:
CITY Representative is:
Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: 2024 through 2025
Year 2: 2025 through 2026
Year 3: 2026 through 2027
Year 4: 2027 through 2028
Year 5: 2028 through 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT. #13..
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43 Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 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 by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $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 #13..
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44 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 officers, officials, employees, agents, 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 officers, officials, employees, agents, 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, agents, and volunteers. Any insurance or selfinsurance maintained by CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. 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.
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45 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.
7. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its officers, officials, employees, agents, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
8. 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 #13..
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46 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.
9. 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.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced 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. IFB No. 2324-02RB
Contractor’s City of Modesto business license
11. 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.
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47 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performanceunderthe 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 material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed orin 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.
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48 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 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 SERVICES.
12. 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.
13. FAILURE TO PERFORM SATISFACTORY WORK:
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49 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.
14. 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).
15. 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.
16. DIR REGISTRATION:
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50 Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.
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.
19. SIGNATORY(IES) FOR CONTRACTOR:
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51 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, #13..
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52 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.
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 #13..
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53 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.
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:
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54 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.
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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55 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 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,
Risk Manager
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ANNUAL AGREEMENT #271304 - ON-CALL PLUMBING 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 Champion Industrial Contractors, Inc., a California Corporation, hereinafter called CONTRACTOR.
WITNESSETH:
WHEREAS, the Modesto City Council adopted Resolution No. 2024-_____ authorizing the Award of Bid and agreement for ON-CALL PLUMBING 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 the ON-CALL PLUMBING SERVICES as described in IFB 2324-02RB attached hereto as Exhibit “C” and made a part hereof.
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NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, travel expenses, tools, licenses, 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 $57,500. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $287,500. 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”.
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AGREEMENT PRICING
LABOR RATES
Description Hourly Labor Rate
Journey Level Plumber - Hourly Rate for Normal Business Hours $ 140 /HR
Journey Level Plumber - Hourly Rate for After Business Hours $ 210 /HR Journey Level Plumber - Hourly Rate for Holiday Hours $ 280 /HR *Sub-Project quoted as a lump sum, shall not exceed $10,000
RESPONSE TIMES
Response Type Response to Request On-Site Response
Planned Projects/Repairs 24 to 48 hours As negotiated case-by-case Non-Emergency Repairs 8 to 24 hours 24 to 48 hours
Emergency Response 20 minutes 2 to 4 hours
ADDITIONAL SERVICES ON A FLAT FEE BASIS (NO SALES TAX)
Hydro Jetter Machine: $265.00 per hour
Hand Snake: $50.00 per day
Machine Snake: $75.00 per day
Sewer Camera: $200.00 per day
Pro-Press Machine: $151.00 per day
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EQUIPMENT PARTS AND COMPONENT COSTS
All parts and components furnished shall be at the Contractor’s landed cost less any earned discounts, plus a Fifteen percent (15%) mark-up, plus sales tax. When called for by the CITY, the CONTRACTOR shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the CITY.
The City reserves the right to request copies of invoices made to contractor from subcontractor and/or supplier including freight charges.
2. PREVAILING WAGES:
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit “C” are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#: 514959
3. CITY REPRESENTATIVE:
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Gabe DaSilva, Facilities Manager, Public Works, (209) 652-2579 Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected]
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. CONTRACTOR CONTACT:
Contractor Contact: John Walter, Champion Industrial Contractors, Inc., Chief Operating Officer, (209)426-4900 Ex. 208, [email protected]
5. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three oneyear extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: May 6, 2024, through May 5, 2025
Year 2: May 6, 2025, through May 5, 2026
Year 3: May 6, 2026, through May 5, 2027
Year 4: May 6, 2027, through May 5, 2028
Year 5: May 6, 2028, through May 5, 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
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Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
6. 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. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 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 #13..
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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 officers, officials, employees, agents, 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 officers, officials, employees, agents, 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.
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For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, agents, and 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 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: 271304
CITY department/division name and address.
Billing period.
Service hours worked day and week.
Unit price, extended price, sales tax and total.
8. INDEMNITY:
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The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT.
CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its officers, officials, employees, agents, and volunteers 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 #13..
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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 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. IFB No. 2324-02RB
d. Contractor’s City of Modesto business license
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 non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the nonbreaching party, or such other time as may be identified in the notice. Failure to correct any nonperformance 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 under the Agreement, either in whole or in 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 #13..
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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 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.
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g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the 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 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 #13..
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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.
15. ASSIGNMENT OF RIGHTS:
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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. DIR REGISTRATION:
Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.
18. 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 #13..
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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.
19. 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: Champion Industrial Contractors, Inc.
John Walter, Chief Executive Officer
1420 Coldwell Ave.
Modesto CA, 95350
[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.
20. 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.
21. QUANTITIES:
No minimum or maximum is guaranteed or implied.
22. FUNDING:
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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.
23. 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.
24. 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 #13..
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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.
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. #13..
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25. 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.
26. 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 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.
27. 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.
28. 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 #13..
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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.
29. 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.
30. 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.
31. 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.
32. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
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33. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
34. 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.
35. 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. #13..
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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 Champion Industrial Contractors, Inc. has caused this Agreement to be duly executed. #13..
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-02RB
FOR
ON-CALL PLUMBING SERVICE
THE PAYMENT OF PREVAILING WAGES IS REQUIRED
BID OPENING: January 23, 2024, at 11:00 A.M.
CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
2 Table of Contents PAGE
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 K. PREVAILING WAGE:................................................................................................................ 9 M. BID PROTEST AND APPEAL PROCEDURES:..................................................................... 10 BID SUBMITTAL CHECKLIST............................................................................................................. 15 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 24 BID FORM E – BIDDER CUSTOMER REFERENCES.................................................................... 25 BID FORM F - FINANCIAL INTEREST DISCLOSURE.................................................................. 27 BID FORM G – SUPPORT OF LOCAL VENDORS ......................................................................... 29 BID FORM H - BIDDER COMPANY HISTORY STATEMENT..................................................... 30 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 31 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 33 BID FORM L - SUBCONTRACTOR LIST ........................................................................................ 34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 35
1.1 SCOPE OF WORK:........................................................................................................................ 35
1.4 REQUIRED LICENSES: ............................................................................................................... 36 SAMPLE ANNUAL AGREEMENT - SERVICES............................................................................. 39 #13..
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
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 On-Call Plumbing Services (the “Services”) for the City of Modesto, Public Works Department.
All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services 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 Tuesday, January 23, 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. #13..
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
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 # 2324-02RB.
BID OPENING DATE: JANUARY 23, 2024, AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:
MAIL TO: CITY CLERK 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. #13..
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
5 CALENDAR OF EVENTS
Event Date
IFB Issued December 20, 2023
Written Questions Due via Email December 29, 2023
Addendum Issued (if required) January 4, 2023 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, January 23, 2024 Agreement Award Approximately May 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.
BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
CALIFORNIA LABOR CODE SECTION 1771.1 (a)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.
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. #13..
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
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, November 21, 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 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.
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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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy 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 TWO “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 Services 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 Services 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 signed wherever indicated and submitted to the City in the order listed):
• 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 Page (if applicable) #13..
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
8 • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - 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 rejected.
H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services 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 agreement(s) to one or more Bidder(s) in order to provide adequate coverage 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.
• The City reserves the right to select Bid(s), which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be #13..
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9 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.
I. 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 (5) business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
J. 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.
K. PREVAILING WAGE: Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
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10 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. • 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 Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services 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 submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
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11 • 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. • 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
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12 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 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 #13..
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13 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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14 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. #13..
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15 BID SUBMITTAL CHECKLIST
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 and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:
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 – Bidder Experience and Certifications
Bid Form L - Subcontractor 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. #13..
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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 45 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 unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.
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17 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 coming 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. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
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18 (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 Services, 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 Bids Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.
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 furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, 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:
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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
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20 available now - - but
not required until any
contract begins):
M. State of California
Contractor License
Number and Expiration
Date (if available):
N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and Expiration
Date (if available):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required services 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.
LABOR RATES
Description Hourly Labor Rate
Journey Level Plumber - Hourly Rate for Normal Business Hours $ /HR Apprentice Level Plumber - Hourly Rate for Normal Business Hours $ /HR Journey Level Plumber - Hourly Rate for After Business Hours $ /HR Apprentice Level Plumber - Hourly Rate for After Business Hours $ /HR Journey Level Plumber - Hourly Rate for Holiday Hours $ /HR Apprentice Level Plumber - Hourly Rate for Holiday Hours $ /HR The payment of Prevailing Wages is required for this project.
Labor Craft Direct Labor Rate* Fringe Benefit Rate**
Labor
Markup
(percent) Price Per Service
Journey Level Plumber $____________/HR $____________/HR _________% $____________/HR Apprentice Level Plumber $____________/HR $____________/HR _________% $____________/HR *Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.
EQUIPMENT PARTS AND COMPONENT COSTS
All parts and components furnished shall be at the Contractor’s landed cost less any earned discounts, plus a ten percent (10%) mark-up, plus sales tax. When called for by the CITY, the CONTRACTOR shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the CITY. #13..
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22 BUSINESS HOURS
Normal Operating Business Hours Open Close
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
RESPONSE TIMES
Response Type Response to Request On-Site Response
Planned Projects/Repairs 24 to 48 hours As negotiated case-by-case Non-Emergency Repairs 8 to 24 hours 24 to 48 hours
Emergency Response 20 minutes 2 to 4 hours
OBSERVED HOLIDAYS
Contractor to establish Company observed Holidays.
Observed Holiday Date
Number of Days
Observed
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23 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 articles and/or services 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:
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24 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:
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25 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 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
Services:
Annual Contract Value $
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26 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 $
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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27 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.
Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
28 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:
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
29 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:
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
30 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 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:
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
31 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:
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32 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, terms, 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 materials, supplies, or other services 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 materials, assemblies, components, supplies, or 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:
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
33 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder 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 IFB:
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 Bid 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: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include active State of California Contractor’s License with Classification C36 for Plumbing. #13..
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34 BID FORM L - 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, 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)
Bidder Company Name:
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
35 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
1.1 SCOPE OF WORK:
The City of Modesto is requesting bids for ON-CALL PLUMBING SERVICES for miscellaneous plumbing service work at various locations throughout the City of Modesto on an as needed or emergency response basis.
The work consists of a series of individual projects to maintain, repair, or improve existing city owned or leased facilities and non-City facilities impacted as a result of water distribution and sanitary sewer system improvements or required repairs to maintain public health and safety. The work under this contract will be divided into multiple separate sub-projects, which are undefined at this time. Contractor shall have at a minimum an active State of California Contractor’s License with Classification C36 for Plumbing.
1. The scope of this contract will be for hourly labor, based on a time and material (T&M) basis to perform commercial quality plumbing services, unless the individual sub-project is quoted as lump sum.
2. Contractor must be experienced at and either own or have immediate access to equipment necessary to do commercial plumbing and repairs. These services may include, but are not limited to, the following type of jobs:
a. All preparation work needed to properly install new plumbing work. b. Troubleshooting plumbing issues.
c. Making repairs to gas lines, sewer lines, water lines. d. All types of plumbing repairs including confined space repairs. e. Handle plumbing associated with remodels and buildouts. f. Install new fixtures, such as faucets, toilets, water fountains, bottle fill stations. g. Valve replacements.
h. Relocate existing fixtures.
i. Commercial re-piping.
j. High-pressure jet drain cleaning including both large and small pipe diameters. k. Electronic line location and leak detection.
l. Residential and commercial water heater replacement and repairs. m. Fiber-optic pipeline video inspection.
n. Rodding and clearing of sewer lines.
o. Replacement of damaged or defective sewer lines.
p. Pump repair and installation.
3. Laying out, installing, replacing, piping, and testing plumbing service and plumbing systems and components. Systems include, but are not limited to domestic water, heating, cooling, hot water systems, conditioned water systems, sanitary sewer, and storm systems as well as toilets, urinals, and sinks. #13..
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ON-CALL PLUMBING SERVICE
36 4. Contractor must have an established business with a minimum of three (3) years hands-on experience in commercial plumbing servicing and repairs.
5. Delivery of Services:
a. Contractor must be able to provide service twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year, including holidays for the duration of the agreement. b. The City expects the Contractor to give “priority” service to any call for plumbing repairs for The City. Response times are stated on the City’s Pricing Schedule. Contractor must commit to response times as reported on the Pricing Schedule.
c. Service will be performed in a variety of government locations including administrative offices, park facilities, community centers, the public safety centers, as well as private residences and facilities. All unique requirements and or regulations for each location shall be strictly followed by the Contractor and the Contractor’s employees.
6. Retain and provide professional personnel who have successfully and competently provided plumbing maintenance and repair services on projects of similar scope and complexity.
7. Provide plumbing maintenance and repair in accordance with the highest standards of the industry, skill, workmanship, and applicable trade practices. Provided plumbing maintenance and repair shall meet warranties and be in conformance to all applicable laws, codes, and regulations.
8. Provide appropriate tools and vehicles necessary to support all facility plumbing maintenance and repair functions during hours of operation and for response after normal working hours.
9. Leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform plumbing maintenance and repairs. Properly discard all used materials.
1.4 REQUIRED LICENSES:
Prior to beginning any work or delivering any equipment or material to be furnished under this specification and bid, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto.
Business/Delivery license information may be obtained by calling (209) 577-5389.
If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California Contractor's license(s) at the time the bid is submitted. A contract shall not be awarded to a bidder that does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California.
Contractor shall have at a minimum an active State of California Contractor’s License with Classification C36 for Plumbing.
1.5 CONTRACTOR’S RESPONSIBILITY FOR WORK:
Until the formal acceptance of the work by the Technical Liaison, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials, and equipment to be used therein, delivered to the work site. The Contractor shall bear full risk of loss, injury, or damage to any part of the work #13..
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
37 and parts, material, or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts, or materials, before final acceptance by the City.
Suspension of work for any cause whatsoever shall not relieve the Contractor of their responsibility for the work or parts and materials as specified on the work request. The Contractor shall be responsible for and remedy all defects arising from faulty, improper, or inferior workmanship.
The Contractor shall be responsible for any damage their activities cause to adjacent public or private property.
The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.
1.6 CHARACTER OF WORKERS:
If any person employed by the Contractor fails or refuses to carry out the direction of the City Representative or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the job on the request of the Technical Liaison or Purchasing Manager, and such person shall not again work on any City job.
1.7 LABOR FORCE AND SUPERVISION:
The Contractor shall provide sufficient labor at all times to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The Contractor shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the contract.
1.8 DELAY BY THE CITY:
Any act or omission of any kind by the City of Modesto, its officers, agents, or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work but shall give the Contractor no damages for such delay.
1.9 ADDITIONAL AND EMERGENCY PROTECTION:
Whenever, in the opinion of the Technical Liaison, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the Technical Liaison may provide suitable protection with or without first notifying the Contractor. The cost and expense of such protection provided by the City shall be borne by the Contractor. The City shall deduct the cost of such protection from any monies due or to become due to the Contractor.
1.10 BARRICADES:
The Contractor shall provide and place barricades and/or safety ribbon as necessary to restrict access to the work areas. The Contractor shall be responsible for maintaining access control of the work areas from the time construction starts until the time the work site is returned to its pre-project condition, including paving and cleanup.
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INVITATION FOR BIDS # 2324-02RB
ON-CALL PLUMBING SERVICE
38 1.11 CLEANUP:
Prior to requesting a final inspection, the Contractor shall carefully clean up and remove all surplus materials and/or debris of any type resulting from the Contractor’s work from the work site and shall dispose of all of the materials and debris in a proper manner. The work site shall be left clean and neat. All plant piping used to transport material from the work area shall be flushed at the completion of the work.
1.12 DISPOSAL OF MATERIALS:
The Contractor shall certify that any materials and debris removed from the site shall be disposed of in accordance with applicable Federal, State and Local laws, regulations, or ordinances. If requested by the City, Contractor shall furnish proof of disposal.
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39 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 ____________________ , 2024, by and between The City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.
WITNESSETH:
WHEREAS, the Modesto City Council adopted Resolution No. 2024-XX authorizing the Award of Bid and agreement for ON-CALL PLUMBING 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 the ON-CALL PLUMBING SERVICES as described in IFB 2324-02RB attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
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40 NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, travel expenses, tools, licenses, 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.
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41 AGREEMENT PRICING
LABOR RATES
Description Hourly Labor Rate
Journey Level Plumber - Hourly Rate for Normal Business Hours $ /HR Apprentice Level Plumber - Hourly Rate for Normal Business Hours $ /HR Journey Level Plumber - Hourly Rate for After Business Hours $ /HR Apprentice Level Plumber - Hourly Rate for After Business Hours $ /HR Journey Level Plumber - Hourly Rate for Holiday Hours $ /HR Apprentice Level Plumber - Hourly Rate for Holiday Hours $ /HR
RESPONSE TIMES
Response Type Response to Request On-Site Response
Planned Projects/Repairs 24 to 48 hours As negotiated case-by-case Non-Emergency Repairs 8 to 24 hours 24 to 48 hours
Emergency Response 20 minutes 2 to 4 hours
EQUIPMENT PARTS AND COMPONENT COSTS
All parts and components furnished shall be at the Contractor’s landed cost less any earned discounts, plus a ten percent (10%) mark-up, plus sales tax. When called for by the CITY, the CONTRACTOR shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the CITY.
The City reserves the right to request copies of invoices made to contractor from subcontractor and/or supplier including freight charges.
2. PREVAILING WAGES:
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general #13..
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42 prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#: _________________
3. CITY REPRESENTATIVE:
CITY Representative is:
Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: 2024 through 2025
Year 2: 2025 through 2026
Year 3: 2026 through 2027
Year 4: 2027 through 2028
Year 5: 2028 through 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT. #13..
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43 Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 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 by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $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 #13..
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44 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 officers, officials, employees, agents, 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 officers, officials, employees, agents, 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, agents, and volunteers. Any insurance or selfinsurance maintained by CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. 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.
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45 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.
7. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its officers, officials, employees, agents, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
8. 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 #13..
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46 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.
9. 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.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced 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. IFB No. 2324-02RB
Contractor’s City of Modesto business license
11. 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.
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47 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 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.
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48 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 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 SERVICES.
12. 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.
13. FAILURE TO PERFORM SATISFACTORY WORK:
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49 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.
14. 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).
15. 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.
16. DIR REGISTRATION:
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50 Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.
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.
19. SIGNATORY(IES) FOR CONTRACTOR:
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51 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, #13..
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52 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.
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 #13..
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53 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.
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:
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54 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.
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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55 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 _____________________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,
Risk Manager
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ITEM/DESCRIPTION QTY
UNIT OF
MEASURE
99 North Construction &
Plumbing M3 Services
Champion Industrial
Contractors, Inc
Rates Concord, CA Sacramento, CA Modesto, CA
1 Journey Level Plumber - Hourly Rate for Normal Business Hours 1 Hourly $235.00 $120.00 $140.00 2 Apprentice Level Plumber - Hourly Rate for Normal Business Hours 1 Hourly $230.00 $120.003 Journey Level Plumber - Hourly Rate for After Business Hours 1 Hourly $290.00 $180.00 $210.00 4 Apprentice Level Plumber - Hourly Rate for After Business Hours 1 Hourly $260.00 $180.005 Journey Level Plumber - Hourly Rate for Holiday Hours 1 Hourly $310.00 $240.00 $280.00 6 Apprentice Level Plumber - Hourly Rate for Holiday Hours 1 Hourly $280.00 $240.00
CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB NO. 2324-02RB On-Call Plumbing
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
April 23, 2024
Date: April 17, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Expedited Drinking Water Grant Program Award Riverdale Park Tract Community Services District Consolidation Project CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:
Consider accepting the State Water Resources Control Board Expedited Drinking Water Grant Program award of up to $7,115,592 for the Riverdale Park Tract Community Services District Consolidation Project and entering into a funding agreement. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
In 1992, the City entered into a Mutual Aid Agreement with the Riverdale Park Tract Community Services District (District) for an emergency water service connection, as a short-term back-up potable water supply to their independent single-well water system in the event their capability to supply potable water was compromised.
The Riverdale Community is located on the south side of the Tuolumne River, west of Carpenter Road and north of West Hatch Road and consists of approximately 178 developed parcels including a small community center.
In 2016, the Stanislaus County Department of Environmental Health issued a Compliance Order to the District for exceeding maximum contaminate levels of uranium over an extended period of time.
In 2018, the District, working with Self Help Enterprises and with assistance from the City completed a Feasibility Study which concluded that the best option for the District to mitigate the groundwater contaminant issue was to consolidate their water system with the City of Modesto’s water system and destroy their groundwater well.
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City Council, April 23, 2024
Accept Expedited Drinking Water Grant Program Award
Riverdale Park Tract Community Services District Consolidation Project