Agenda packet — Modesto City Council, May 7, 2024 (part 3 of 5)

The Finance Department will inform Council of all grant activity by preparing a bi-monthly informational report on both grant applications and awards. The Finance Department has implemented a grant management software, eCivis, which established a workflow approval process and serves as a centralized databased of all City grant applications and awards and as a research tool for grants for all City Departments. City departments continue to actively pursue new grant opportunities as part of notifications received from federal, state, and local agencies they have subscribed to, such as Department of Housing, Department of Transportation, State Water Resources Control Board, Department of Justice and professional government associations. City departments have staff assigned to monitor these grant application notices to determine if the City meets the required qualifications to apply for the grant.

On October 11, 2022, under Resolutions 2022-418, 2022-419, and 2022-420, City Council approved three one-year agreements with two one-year extension options, for On-call Water Resource grant research and writing services with Provost & Pritchard Consulting Group, West Yost Associates and Woodard & Curran to assist with grant research opportunities for the Utilities Department.

DISCUSSION:

During the months of January and February 2024, City Council approved the below grant award acceptance agreements recommended by City staff based on opportunities to receive federal, state and/or local grant funds for the City with required local match exceeding $100,000 and/or based on the recommendation by City Manager.

Community Economic Development Department
(Grant Application $5,639,236 – Local Match $5,259,386 In-Kind) CA3863 Encampment Resolution Funding (ERF) Program – FY2024 from CA Business, Consumer Services and Housing Agency. The City will use the funds from this grant to address concerns caused by encampments to transition unhoused individuals into safe and stable housing. Funding from the ERF program would be used to establish a temporary supportive non-congregate shelter campus model in partnership with the Modesto Gospel Mission to provide direct services to the encampment population that is currently residing key sate right of ways.

Utilities Department
(Grant Application $446,531 – Local Match $148,844 from Water Funds and $29,769 InKind) US16752 Building Resilient Infrastructure and Communities (BRIC) – FY 2023 from US Department of Homeland Security. The purpose of this grant is to support natural hazard risk mitigation activities that promote climate adaptation and resilience with respect to those hazards. These include both acute extreme weather events and chronic stressors which have been observed and are expected to increase in intensity and frequency in the future. The objectives of this program are to:
 Increase climate literacy among the emergency management community, including awareness of natural hazard risk and knowledge of best practices for mitigation.
 Increase awareness of stakeholders and partners with capabilities to support mitigating, preparedness, response, and recovery.
 Develop and complete more innovative risk-informed mitigation projects, including multi-hazard resilience or nature-based solutions.
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 Help communities identify and mitigate the risks to natural hazards and their own threats from climate change.
 Direct increased resources to eliminate disparities in equitable outcomes across underserved communities.
(Grant Application $5,000,000 – Local Match $2,500,000 Water Funds and $800,000 InKind) US9080 WaterSMART Grants: Water and Energy Efficiency Grants (Select Areas) - FY 2023 from US Department of Interior. The purpose of this grant is to support projects that result in quantifiable and sustained water savings, implement renewable energy components, and support broader sustainability benefits. Projects should seek to conserve and use water more efficiently, increase the production of renewable energy, mitigate conflict risk in areas at a high risk of future water conflict, enable farmers to make additional on-farm improvements in the future, and accomplish other benefits that contribute to sustainability on the western United States. The City will use these grant funds to fund the upgrade to the SCADA system to operate over 200 water facilities including groundwater wells and tanks. The SCADA system is comprised of computer hardware, software, and Telemetry system that is critical in controlling and delivering safe drinking water supply to customers. The City has developed the Project in an effort to improve the efficiency operational reliability, and security of the existing SCADA system.

During the months of January and February 2024, City Manager and Director of Finance approved the below grant awards recommended by City staff based on opportunities to receive federal, state and/or local grant funds for the City with no local match requirement or local match requirements under $100,000.

Modesto Police Department:
(Grant Application $959,000– Local Match $0) CA31628 California Office of Traffic Safety (OTS): General Grants – FY 2025 from CA Transportation Agency. Funds from this grant will be used to conduct best practices strategies to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factor, distracted driving, special enforcement operations encouraging motorcycle safety enforcement, and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. (Grant Application $17,450 – Local Match $0) COM0091 2024 Raymus Foundation Grant from Raymus Foundation. Funds from this grant will be used to fund the acquisition of various life saving items needed to help officers with the health and safety of the citizens of Modesto. Modesto Police Department is intending to purchase water-rescue throw bags for those calls for water rescue in the Tuolumne River. MPD is also intending to purchase Rescue Tourniquets for officers to use for their own safety and the Citizens of Modesto . MPD also intends to purchase a FLIR Thermal Imaging Camera to assist in the search of suspects. This would enable officers to maintain their personal safety and not go into difficult to search spaces where suspects could be hiding. (Grant Application $742,808 – Local Match $0) CA1628 California Office of Traffic Safety (OTS): General Grants – FY 2025 from CA Transportation Agency. Funds from this grant #9..
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will be used for the equipment acquisition and installation of ethernet switches at various traffic signal locations.

Public Works:
(Grant Application $54,534 – Local Match $0) CA0424 Beverage Container Recycling City/County Payment program – FY 2024 from CA Environmental Protection Agency.

Funds from this grant will be used to enhance the current recycling program and expand the City’s efforts through education and outreach, advertising, and collection programs.

Utilities Department
(Grant Application $20,000,000 – Local Match $0) CA 0948 Clean Water State Revolving Fund (CWSRF) - FY2024 from CA Environmental Protection Agency. Funds from this grant will be used to construct 12,000 feet of 12-inch water main along Kiernan Avenue from Dale Road to Tully Avenue to provide a reliable and potable water supply to Stanislaus Elementary School. The school’s water well has 1,2,3 TCP contamination, is under a County Compliance Order, and is no longer a viable source to serve the school.

FISCAL IMPACT:

No fiscal impact will result from the acceptance of this informational report on January and February 204, grant application and awards. A monthly summary by grant application and awards is below:

Grant Applications: $32,859,557
Local Match – Water Fund 2,648,843
Local Match – In-Kind 6,089,155
COMMITTEE RECOMMENDATION:

This item has not gone before a committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion accepting an Informational Report for the January and February 2024, Grant Applications and Awards.

Approved by:

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

1. January and February 2024, Grant Activity Report
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Applications Submitted: Organization: Modesto
Projected Funds: Report Date: 04/09/2024
Cash: Requested By: Maria Garnica
In-Kind: Accounting Manager
[email protected]
Information based on all grant applications submitted during the reporting period:

Grant Status Agency Submitted App. Preparation Projected Award Submitted Projected Award Match Cash In-Kind Application Submitted CA Business, Consumer
Services, and Housing Agency
01/31/2024 $5,639,235 $5,639,235 In-Kind N/A $5,259,386 Grant Status Agency Submitted App. Preparation Projected Award Submitted Projected Award Match Cash In-Kind Application Submitted Raymus Foundation 02/28/2024 $17,450 $17,450 N/A N/A N/A Grant Status Agency Submitted App. Preparation Projected Award Submitted Projected Award Match Cash In-Kind Application Submitted CA Transportation Agency 01/31/2024 $959,000 $959,000 None N/A N/A Grant Status Agency Submitted App. Preparation Projected Award Submitted Projected Award Match Cash In-Kind Application Submitted CA Environmental Protection
Agency
01/08/2024 $54,534 $54,534 N/A N/A N/A
Grant Status Agency Submitted App. Preparation Projected Award Submitted Projected Award Match Cash In-Kind Application Submitted CA Transportation Agency 01/29/2024 $742,808 $742,808 None N/A N/A Grant Status Agency Submitted App. Preparation Projected Award Submitted Projected Award Match Cash In-Kind Application Submitted US Department of Homeland
Security
02/26/2024 $446,530 $446,530 Cash/In-Kind $148,843 $29,769 Grant Status Agency Submitted App. Preparation Projected Award Submitted Projected Award Match Cash In-Kind Application Submitted US Department of Interior 02/20/2024 $5,000,000 $5,000,000 Cash/In-Kind $2,500,000 $800,000 Grant Status Agency Submitted App. Preparation Projected Award Submitted Projected Award Match Cash In-Kind Application Submitted CA Environmental Protection
Agency
01/30/2024 $20,000,000 $20,000,000 None N/A N/A
Applications Submitted, Created by Maria Garnica, [email protected], 04/09/2024 Source: eCivis™ Grants Network®
http://www.ecivis.com/
CA0948 Clean Water State Revolving Fund (CWSRF) - FY 2024 Department: Utilities Department - Engineering
US16752 Building Resilient Infrastructure and Communities (BRIC) - FY 2023
US9080 WaterSMART Grants: Water and Energy Efficiency Grants (Select Areas) - FY 2024/2025
Department: Public Works - Traffic Engineering
CA1628 California Office of Traffic Safety (OTS): General Grants - FY 2025
Department: Public Works - Solid Waste
CA0424 Beverage Container Recycling City/County Payment Program - FY 2024
CA1628 California Office of Traffic Safety (OTS): General Grants - FY 2025
Department: Modesto Police Department
COM0091 2024 Raymus Foundation Grant
CA3863 Encampment Resolution Funding Program - FY 2024
Department: Community Economic Development - Housing Urban Development $6,089,155
Activity Report - Applications Submitted
Report Range: Report Range: 01-Jan-24 - 29-Feb-24
8 $32,859,557
$2,648,843
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 7, 2024
Date: April 17, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation & Neighborhoods SUBJECT: Second Amendment to Agreement for Backflow Testing and Emergency Repairs CONTACT: Kelly Gallagher, Park Operations Manager, [email protected], 209- 342-2270
DESCRIPTION:

Consider approving the Second Amendment for Backflow Prevention Testing Services to a revised total amount not to exceed $650,000. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The State of California Health and Safety Code requires annual testing of each backflow The State of California Health and Safety Code requires annual testing of each backflow prevention assembly owned and operated by the City. Pursuant to Modesto Municipal Code 11-1.113 and California Health and Safety Codes 116800-1168201, all backflow prevention assemblies are to be tested annually at the owner/water account holder’s (City’s) expense.

A formal bid for Backflow Prevention Testing Services was issued on November 5, 2021.

Seventeen vendors downloaded the Request for Bids. Bids were due on December 28, 2021, and one bid was received from Dan Ely Backflow Services.

On March 8, 2022, by Resolution 2022-133, Council approved an agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two-year Agreement with three one-year extension options, for an estimated annual amount of $25,000 and a total amount not to exceed $125,000 over five years.

On August 25, 2022, Dan Ely Backflow Services sent a Notice of Termination letter to the City’s Purchasing Division citing the final day of service as September 30, 2022. The contractor 1 https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Lawbook.html #10..
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recommended Sameday Backflow Service as an alternative vendor to assume service using the existing agreement and terms.

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

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

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

DISCUSSION:

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

Park Operations staff have continued to require a high volume of repairs and/or replacements of backflows. In 2022, there were 4 repairs totaling $3,881; in 2023, there were 33 repairs totaling $36,305. For purposes of the City-wide agreement, staff is estimating $100,000 per year for repairs. This amount is estimated to repair 90 backflows per year.

Staff have been unable to meet these demands in-house and have used the Agreement to make these repairs to supplement the need. Service for water can be terminated if backflows are not in compliance with state regulations. These backflows service park irrigation, restrooms, and drinking fountains.

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

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

CURRENT AGREEMENT AMENDED AGREEMENT
2022 2023 Total Annual 5-years
Testing $16,910 $20,925 $ 37,835 Testing $30,000 $150,000 Repairs $3,881 $36,305 $40,186 Repairs $100,000 $500,000 TOTAL $20,791 $57,230 $78,021 TOTAL $130,000 $650,000
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided #10..
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under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” FISCAL IMPACT:

The following summarizes compensation paid for the current agreement and the amended agreement. No funding is being requested; this is solely an increase to the agreement. It is expected that City departments will use existing funds in their respective budgets to cover this proposed increase.

This item was presented to the Safety and Communities Committee on April 15, 2024 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Second Amendment increasing the Agreement amount with Sameday Backflow Service, for Backflow Prevention Testing Services and Repairs by $425,000 from $225,000 to a new total amount not to exceed $650,000; and authorizing the City Manager, or his designee to execute the Amendment.

Approved by:

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

1. Resolution

2. Backflow Prevention Testing Services Agreement

3. Backflow Prevention Testing Services Agreement – First Amendment

4. Backflow Prevention Testing Services Agreement – Second Amendment #10..
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05/07/2024/PRN/GALLAGHER/Item 1 2024-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE SECOND AMENDMENT INCREASING THE

AGREEMENT AMOUNT WITH SAMEDAY BACKFLOW SERVICE, FOR
BACKFLOW PREVENTION TESTING SERVICES AND REPAIRS BY $425,000 FROM $225,000 TO A NEW TOTAL AMOUNT NOT TO EXCEED $650,000; AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE

AMENDMENT
WHEREAS, the State of California Health and Safety Code requires annual testing of backflow prevention assemblies owned and operated by the City; and WHEREAS, pursuant to Modesto Municipal Code 11-1.113 and California Health and Safety Codes 116800-116820, all backflow prevention assemblies are to be tested annually at the owner/water (City’s) account holder’s expense; and WHEREAS, the City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for Backflow Prevention Testing Services on November 5, 2021; and
WHEREAS, a purchasing agreement with Dan Ely Backflow Services, Turlock, CA was executed in an amount not to exceed $125,000 over five years; and WHEREAS, on August 25, 2022, Dan Ely sent the City a 30-day notice of termination letter and recommended Sameday Backflow Service as an alternative; and WHEREAS, staff determined Sameday Backflow Service as a capable and responsible replacement to assume the agreement; and
WHEREAS, on October 1, 2022, Sameday Backflow Service assumed the Backflow Prevention Testing Services Agreement under the existing terms; and WHEREAS, on September 12, 2023, by Resolution 2023-411, Council approved the First Amendment increasing the Agreement amount to a new total not to exceed $225,000 due to increased levels of theft and vandalism; and #10..
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05/07/2024/PRN/GALLAGHER/Item 2 2024-?
WHEREAS, Park Operations staff have continued to require a high volume of repairs and/or replacements of backflows; and
WHEREAS, the number of repairs has increased tenfold from 4 repairs to 33 repairs in one year; and
WHEREAS, staff have been unable to meet these demands in-house and have used the Agreement to supplement the need; and
WHEREAS, for purposes of the City-wide agreement, staff is estimating $100,000 per year for repairs/replacements which is estimated to repair 90 backflows annually; and
WHEREAS, staff is recommending compensation for the Agreement to be increased by $425,000 for a total amount of $650,000 for the entire agreement to provide sufficient funding for backflow testing and repair services through the end of the agreement; and
WHEREAS, amending the agreement will allow uninterrupted services until the agreement expires on April 30, 2027; and
WHEREAS, this item was presented to the Safety and Communities Committee on April 15, 2024 and was recommended to forward to Council for approval; 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. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or #10..
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05/07/2024/PRN/GALLAGHER/Item 3 2024-?
scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Second Amendment increasing the Agreement amount with Sameday Backflow Service, for Backflow Prevention Testing Services and Repairs by $425,000 from $225,000 to a new total amount not to exceed $650,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Amendment in a form approved by the City Attorney. #10..
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05/07/2024/PRN/GALLAGHER/Item 4 2024-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May 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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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

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

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

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

DAN ELY BACKFLOW SERVICES

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

W I T N E S S E T H:

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

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish BACKFLOW TESTING AND
EMERGENCY REPAIRS, in strict accordance with the conditions of the complete Contract.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 133
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b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the contract.
e. CONTRACTOR shall maintain a CITY business license for the duration of the contract.
f. CONTRACTOR shall furnish the services at the following agreement rates, estimated amount of $ 25,000 and a total amount not to exceed $125,000.

AGREEMENT PRICING

PER SINGLE UNIT IN EACH SIZE CATEGORY

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer/Type over 90% are Febco, however the City may contain devices from other manufacturers such as Ames, Rain Bird, Watts and Wilkins List Unit Price (Per Test)
Estimated
Annual Quantity:
6 +/- 50 +/- 65 +/- 130 +/- 13 +/- 50 +/- 6 +/-
Size: ¾" 1" 1-½" 2" 3" 4" 6"
Double Check
(DC) $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00
Pressure Vaccum
$45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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Breaker (PVB)
Reduce Pressure
(RP) $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00
Please provide your parts markup percentage 10% (NTE 10%).

Hourly rate for emergency repairs $75.00.

Modesto Fire Department

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco, for Parts/Materials however the City may contain devices from other manufacturers such as Ames, Rain, Watts and Wilkins List Unit Price (Per Test)
Estimated
Annual
Quantity:
2 1 2 9 1
Size: ¾" 1-1/4” 1-½" 2" 8”
Double Check
(DC) $45.00 $45.00 $45.00 $45.00 $45.00
Double Check
Detector
Assembly
(DCDA) $45.00 $45.00 $45.00 $45.00 $45.00
Pressure
Vacuum
Breaker (PVB) $45.00 $45.00 $45.00 $45.00 $45.00
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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Reduce
Pressure (RP) $45.00 $45.00 $45.00 $45.00 $45.00

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

THE PAYMENT OF PREVAILING WAGES IS REQUIRED.

2. PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section 7.04 of the General Provisions contained with the City standards shall apply.

DIR Project ID# 402556

3. CITY CONTACT:

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

4. TERM OF CONTRACT:

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

Year 1: May 1, 2022 through April 30, 2023
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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Year 2: May 1, 2023 through April 30, 2024
Year 3: May 1, 2024 through April 30, 2025
Year 4: May 1, 2025 through April 30, 2026
Year 5: May 1, 2026 through April 30, 2027
This Agreement may be renewed for three (3) additional one-year terms by mutual, written agreement of the parties. Such renewal shall be in written form. Price will remain firm for the first two (2) years of the contract. Price increases for subsequent contract years three (3) through five (5) shall not exceed the Consumer Price Index (CPI) in any one contract year and shall be negotiated through the Purchasing Division. Request for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the City. The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

5. LIABILITY INSURANCE:

The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 and $2,000,000 aggregate for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent Contractors and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage.

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

Waiver of Subrogation – CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

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

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

Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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employees, and volunteers shall be named as an additional insured on all insurance polices required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity.

The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best’s rating of A:VII or with approval of the Risk Manager of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.

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

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

For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its agents, officers, officials, employees, and volunteers. Any DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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insurance or self-insurance maintained by the Entity, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.

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

6. PAYMENT:

CONTRACTOR shall invoice CITY on a monthly basis. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this proposal document. The City is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.

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

7. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

CONTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third party suits, arising out of or relating to the operation of CITY owned vehicles by CONTRACTOR’S employees is apportioned to CONTRACTOR in accordance with the provisions contained in Indemnity 6.

8. ARBITRATION:

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The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing.

The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto, California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of laws provisions or principles.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as soon as possible after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:

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

11. TERMINATION OF SERVICES:

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

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

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Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Contractor in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Work as has not been terminated;
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g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.
i. The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor agreements or contracts for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Contractor as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Contractor.

Authorization to Terminate Agreement
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Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement.

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

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

13. AGREEMENT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. 2022-___________ attached hereto as Exhibit “A” and made a part hereof;
b. CONTRACTOR Bid Submittal, attached hereto as Exhibit “B” and made a part hereof;
c. RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof; d. Proof of Insurance
e. Business License
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These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR Dan Ely/Owner
Dan Ely Backflow Services
902 Bennington Ave
Turlock, CA 95382
(209) 678-7024
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR(IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

17. WAIVER:

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

18. HEADINGS NOT CONTROLLING.

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

19. MISCELLANEOUS:

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

20. ENTIRE AGREEMENT.

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

21. PARTIAL INVALIDITY.

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

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

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

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

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

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

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

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

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Bids can be downloaded from the City’s Purchasing website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such bids shall include all necessary specifications.

Each bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, December 14, 2021 at 11:00 A.M., at which time bids will be opened, read and recorded. All bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

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

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

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

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2122-03

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

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

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

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

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

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

CALENDAR OF EVENTS
Event Date
Bid Issued NOVEMBER 4, 2021
Written Questions Due NOVEMBER 16, 2021
Addendum Issued (if required) NOVEMBER 23, 2021
Bid Opening BEFORE 11:00 A.M. on Tuesday, DECEMBER 14, 2021 Bid Award Approximately April 2022
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded a contract they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City purchase order documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City purchase orders signed by the City's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions.

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5 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 11:00 A.M. on the bid opening date.

Failure to provide all the required documents may cause the bid to be considered non-responsive.

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

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

Obligations assumed by such signature must be fulfilled.

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

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

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

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

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

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

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

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

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

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

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

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

Firm:

Address:

City/State/Zip:

Signature/Title/Date:

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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW PREVENTION TESTING & REPAIRS
PRICING SCHEDULE PAGE 1
All labor, equipment, tools, fuel and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, and Amendments page”.

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

ENTER QUOTE PER SINGLE UNIT IN EACH SIZE CATEGORY

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

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8 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

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

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

Company Name (Bidder):

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9 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

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

THE PAYMENT OF PREVAILING WAGES IS REQUIRED.

A City Business License
is not required at the time of the bid, however, please note the License No. if bidder should already have one. (See Section 1.3 for further details)
Does bidder accept the City’s Epay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.25 Payment.

Company Name (Bidder):

By (Person Submitting Bid): (Print)
By (Person Submitting Bid): (Signature)
Title of Person Submitting Bid:

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:

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10 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):

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11 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

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

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
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12 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):

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13 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
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14 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.

Tests of Materiality:

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

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

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

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

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

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

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

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15 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

Signature / Print:

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16 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
of

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

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

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

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:

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17 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

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

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18 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

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

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

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

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

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19 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

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

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

A. BACKFLOW TESTING:

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

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

C. TESTING PROCEDURES:

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

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

For Fire protection systems, CONTRACTOR will test fire protection system assemblies in accordance with National Fire Protection Association Standard 25, 2013 California Edition. https://catalog.nfpa.org/NFPA-25-Standard-for-the-Inspection-Testing-and-Maintenance-of-WaterBased-Fire-Protection-Systems-with-California-Amendments-P17438.aspx DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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20 2. CONTRACTOR shall furnish all labor, materials, tools, equipment, supplies, facilities, vehicle and supervision necessary to provide annual test.

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

D. EMERGENCY REPAIR PROCEDURES:

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

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

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

E. RECORDKEEPING AND DELIVERABLES:

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

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

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

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

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

F. GENERAL NOTES:

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

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

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

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

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

G. COMPENSATION:

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

H. MINIMUM QUALIFICATIONS:

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

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

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

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

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

1.1 CITY REPRESENTATIVE:

Work under any resulting contract shall be performed under the general technical guidance and direction of the City "City Representative". The City Representative is not authorized to commit the City to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be affected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

1.2 CALIFORNIA LABOR CODE SECTION 1771.1 (a)
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22 1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

Workers must be paid no less than the prevailing wage rate as published by the DIR, and Contractor shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.dir.ca.gov, or call the DIR, Labor Research and Statistics Unit, Prevailing Wage Unit at (415)-703-4774.

1.3 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.

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

1.4 INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.

A. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

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

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

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

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided.

Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated.

Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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23 conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, it agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

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

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

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

1.5 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts or materials, before final acceptance, and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.

Suspension of work for any cause whatsoever shall not relieve the Contractor of his/her responsibility for the work or parts and materials as specified on the work request.

The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship, or parts and materials discovered in any part of the work, during one year after the completion and acceptance of the work.

The Contractor shall be responsible for any damage his/her activities cause to adjacent public or private property. The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.

1.6 CHARACTER OF WORKERS:

If any person employed by the Contractor fails or refuses to carry out the direction of the City Representative or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the job on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City job.

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24 1.7 LABOR FORCE AND SUPERVISION:

The Contractor shall provide sufficient labor at all times to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The Contractor shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the contract.

1.8 DELAY BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work, but shall give the Contractor no damages for such delay.

1.9 ADDITIONAL AND EMERGENCY PROTECTION:

Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the City Representative may provide suitable protection with or without first notifying the Contractor. The cost and expense of such protection provided by the City shall be borne by the Contractor. The City shall deduct the cost of such protection from any monies due or to become due to the Contractor.

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25 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

GENERAL TERMS AND CONDITIONS

2.0 BID SUBMITTAL:

Bidders should submit two “inked” (preferably blue ink) signed original bid documents, plus two (2) copies of the signed original bid document and One (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.

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

It is the responsibility of the bidders to identify information in their bid responses that they consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

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

All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the bid as nonresponsive.

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

Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

2.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

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

2.1.1 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:
 Bid Acknowledgement (Signature Form)
 Pricing Schedule (Signature Form)
 Exceptions, Clarifications, Amendments (if applicable)  References
 Financial Interest Disclosure (Signature Form)
 Support of Local Vendors (if applicable)
 Company History Statement
 Addenda Acknowledgement Page (if applicable)
Failure to furnish any of these documents may result in disqualification.

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26 2.1.2 BID PRESENTATION:

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

2.2 COMPLIANCE:

Bidders are required to sign the “Pricing Schedule and Bid Acknowledgement Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2122-03, and any addendum to such bid. Failure to comply may result in disqualification.

The bidder guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.

All permits and licenses necessary for the prosecution of the scope of work shall be secured and paid for by the Contractor, except those secured by the City and so noted.

2.3 PREVAILING WAGES:

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

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

2.4 PRICING FORMAT:

All labor, equipment, fuel, licenses, permits and insurance necessary to perform the required services shall be included in bid pricing.

Unless otherwise stated, the bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.

The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pickup materials.

2.5 PRICING SCHEDULE:

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

2.6 AWARD OF BID:

Contracts may be awarded to more than one company in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs.

The City reserves the right to decline to award a contract if it is determined that the proposed pricing is not competitively priced based on similar contracts with public agencies within the State of California.

The City reserves the right to select that bid, which best suits the City’s needs. Regardless of City staff’s recommendation, the City Council reserves the right to award a contract to the bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

2.7 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.

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27 If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.

2.8 SUPPORT OF LOCAL VENDORS:

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

2.9 TERM OF CONTRACT:

The term of the contract shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of the City, for a total of five (5) years.

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

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

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

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

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

2.10 TERMINATION OF SERVICES:

The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.

The City reserves the right to review the service providers’ performance at any time with or without the knowledge or consent of the provider.

The City may terminate the agreement at any time with or without cause.

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28 2.11 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.12 FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the agreement without redress.

2.13 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

2.14 NON-DISCRIMINATION:

A. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.

B. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

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

2.15 NON-DISCRIMINATION OF THE HANDICAPPED:

CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE HANDICAPPED By executing this agreement, the bidder hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof.

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29 2.16 DRUG FREE WORKPLACE:

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

2.17 INDEMNITY:

The Contractor shall hold the city, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this bid for Contractor to procure and maintain a policy of insurance. In the indemnity clause contained herein Contractor agrees to defend, indemnify and hold city harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of city owned vehicles by Contractor’s employees is apportioned to Contractor in accordance with the provisions contained in indemnity.

2.18 ASSIGNMENT OF RIGHTS:

CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY tenders final payment to CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

2.19 CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve the bidder of his/her responsibility to furnish the required items and service meeting all specifications contained herein.

2.20 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:

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

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

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

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

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30 E. In addition, thereto, the bidder/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order or agreement issued within the time specified in it.

2.21 FAILURE TO PERFORM SATISFACTORY:

It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of contract between said CONTRACTOR and the City of Modesto. Those discrepancies and deficiencies in the work that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed.

2.22 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or private property by the Contractor or his employees or agents, the Contractor will be required to make repairs immediately. The CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or require CONTRACTOR to repair the damage to the satisfaction of the CITY at CONTRACTOR's expense.

2.23 LABOR FORCE AND SUPERVISION:

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

CONTRACTOR shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the CITY, any person is incompetent or disorderly, CONTRACTOR shall promptly remove such person from the work for the duration of the contract.

2.24 PROTEST AND APPEAL PROCEDURES:

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

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

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

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31 A. PROTEST PROCEDURES

1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.

2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

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

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

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

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

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32 The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protest review by the Purchasing Manager.

A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

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

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353

3. Appeal to City Council
Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen (15) business days after the date of the Deputy City Manager's decision.

The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05.

The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.

All protests shall either be delivered to:

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

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
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33 C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager, a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three (3) days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.

2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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34 case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.

2.25 PAYMENT:
 Paper Payment Method:

All invoices shall be paid in full within thirty (30) days after completion and acceptance of the vehicles by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.
 Electronic Payment Method:

The City of Modesto provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. Notification of payments and required invoice information are issued to the supplier’s designed Accounts Receivable contact by email remittance advice at time of payment.

During the bid evaluation process preference may be shown to bidders that agree to accept Epay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company will accept the City’s Epay Program.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]

2.26 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Agreement. This Agreement may be modified and subject to change.

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

W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-_______ authorizing the award of bid and contract for the furnishing of Backflow Testing & Repair Services to ______________________ attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal to RFB 2122- 03 for Backflow Testing & Repair Services that best meets CITY needs, and WHEREAS, the CONTRACTOR shall provide services to CITY as defined in the “Submittal”, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Backflow Testing & Repair Services, as described in RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish Backflow Testing & Repair Services, in strict accordance with the conditions of the complete Contract. b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the contract.

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

2. CITY CONTACT:

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

3. TERM OF CONTRACT:

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

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

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

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

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37 4. LIABILITY INSURANCE:

CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to CITY as may be required by the Risk Manager. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 and $2,000,000 aggregate for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent Contractors and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Waiver of Subrogation - Form required
(e) Additional Insured Status-endorsement – The City of Modesto its officers, officials, employees, agents and volunteers are to be covered as additional insureds.

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38 If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance polices required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best’s rating of A:VII or with approval of the Risk Manager of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.

Every endorsement shall identify the policy number.

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

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

5. PAYMENT:

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

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

6. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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40 damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

7. ARBITRATION:

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto, California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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41 well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

8. GOVERNING LAW:

9. COMMENCEMENT AND COMPLETION OF THE WORK:

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

10. TERMINATION OF SERVICES:

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

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

The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such Sub-contractors, but in no event shall recovery by any CONTRACTOR or Sub-contractors include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the Work whether completed or in process;
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43 e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work; h. If City so requests, and at City's cost, CONTRACTOR shall provide sufficient oral or written status reports to make City reasonably aware of the status of CONTRACTOR’S work on the project.
i. The CONTRACTOR understands and agrees that City may, in City's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor agreements or contracts for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee’s, decision to the DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #10..
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44 City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

11. COMPLIANCE WITH ALL LAWS:

12. CONTRACT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. ____________ attached hereto as Exhibit “A” and made a part hereof; b. Response to Request for Bid (RFB) and Specifications NO. 2122-03 For Backflow Prevention Testing & Repairs, attached hereto as Exhibit “B” and made a part hereof; c. RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof; d. Proof of Insurance
e. Business License
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

13. NOTICES:

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

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

14. SIGNATOR(IES) FOR CONTRACTOR:

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

15. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

16. WAIVER.

17. HEADINGS NOT CONTROLLING.

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

18. MISCELLANEOUS:

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

19. ENTIRE AGREEMENT.

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

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

20. PARTIAL INVALIDITY.

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

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

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

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

1.Signature of two (2) officers
or

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

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

BACKFLOW TESTING & EMERGENCY REPAIRS
PRICING SCHEDULE PAGE 1
All labor, equipment, tools, fuel and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, and Amendments page”.

ENTER QUOTE PER SINGLE UNIT IN EACH SIZE CATEGORY

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

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

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

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

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

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

BACKGROUND:

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

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

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

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

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

Page 2 of 3 ends

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

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

DISCUSSION:

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

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

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

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

FISCAL IMPACT:

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

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

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

Page 3 of 3 ends

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

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

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

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

Approved by:

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

1. Resolution

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

3. Financial Interest Disclosure

4. RFB 2122-03 Backflow Testing and Emergency Repairs

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

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-133

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR

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

OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the State of California Health and Safety Code requires annual testing of backflow prevention assemblies owned and operated by the City; and WHEREAS, pursuant to Modesto Municipal Code 11-1.113 and California Health and Safety Codes 116800-116820, all backflow prevention assemblies are to be tested annually at the owner/water (City’s) account holder’s expense; and WHEREAS, in 2016, an informal bid for Backflow Prevention Testing Services was issued and it was estimated services would not exceed $10,000 annually; and WHEREAS, in 2018, a purchasing agreement for five years was executed under the City Manager’s authority in an amount not to exceed $49,000 over five years; and WHEREAS, on April 27, 2021, by Reso. 2021-160, Council approved an amendment to the Agreement to increase the amount of funding by $13,000 from $49,000 to a new total of $62,000 for the last year of the five-year agreement; and WHEREAS, on October 12, 2021, by Reso. 2021-409, Council approved the Second Amendment increasing the agreement amount by $3,600 to a new total of $65,600 and extended the term of the agreement to April 30, 2022, to allow enough time for the Request for Bids process; and
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03/08/2022/PRN/KGallagher/Item 24 2 2022-133
WHEREAS, the City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for Backflow Prevention Testing Services on November 5, 2021; and
WHEREAS, seventeen (17) vendors downloaded the RFB; and WHEREAS, bids were formally due to the City Clerk’s office on December 28, 2021 and one bid was received; and
WHEREAS, staff evaluated the bid and recommends the award of bid to Dan Ely Backflow Services, Turlock, CA; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow formal bid procedures; an award of bid and agreement for Backflow Prevention Testing Services for Parks, Recreation & Neighborhoods department use to Dan Ely Backflow Services, Turlock, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Dan Ely Backflow Services was the lowest responsive and responsible bidder.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Except as modified and amended by this SECOND AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect. #10..
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3 IN WITNESS WHEREOF, the CITY, a Municipal Corporation, has authorized the execution of this SECOND AMENDMENT to AGREEMENT by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2024, and SAMEDAY BACKFLOW SERVICES, has caused this Second Amendment to Agreement to be duly executed. #10..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 7, 2024
Date: April 9, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: First Amendment to the Agreement for the Feasibility Study for Compost with HDR Engineering Consultants
CONTACT: Rahimullah Sabur, Compost Facility Supervisor
[email protected] 209.577-5145
DESCRIPTION:

Consider approving the First Amendment with HDR Engineering, Inc. for the Feasibility Study for the City of Modesto’s Compost Facility in the amount of $96,062, to a revised total amount not to exceed $193,117 over the term of the original agreement. (Funding Source: Compost Facility Improvement Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s Strategic Plan Area of Focus: Quality of Life, “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”, Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues”, Strategy 6:

Motivate and encourage staff and community members to identify and mitigate blight issues; and Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities”, Strategy 3: Evaluate current waste removal and city beautification policies and procedures.

BACKGROUND:

The City of Modesto Compost Facility was created and began operation in January 1997 to comply with Assembly Bill (AB) 939’s 50% waste diversion requirement. In September 2016, Governor Brown signed the Short-Lived Climate Pollution Reduction Act Senate Bill (SB 1383)1 into law, establishing emission reduction targets statewide to reduce organic waste to landfill by 75% and recovering 20% of edible food waste for human consumption by 2025.

The Compost Facility’s primary and state mandated purpose is to process the City’s diverted yard waste, paper waste and food waste materials into a reusable soil amendment product 1 https://www.calrecycle.ca.gov/organics/slcp
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(compost), thus keeping these materials from entering the landfill and lowering the City’s disposal rate. A secondary purpose of the facility is to then market and sell the finished compost to farmers, landscapers, and backyard gardeners, which in turn helps keep the facility sustainable. Compost is also donated to community gardens and landscape projects, parks, schools, churches, and has been used in City projects. Annually, the Facility receives approximately 50,000 tons of raw compostable waste materials and processes it into about 25,000 tons of compost.

On June 14, 2022, by Resolution No. 2022-276, Council approved new solid waste rates. The new rates took effect on July 1, 2022. A compost facility improvement fee was added to both residential rates and commercial rates. These fees will be solely utilized for facility improvements.

On December 6, 2022, by Resolution No. 2022-466, Council approved an agreement with HDR Engineering, Inc. to conduct a Feasibility Study for the City’s Compost Facility. On October 24, 2023, by Resolution No. 2023-472, Council approved the proposed plan and recommendations from HDR Engineering to expand and improve the existing City of Modesto Compost Facility.

DISCUSSION:

The purpose of the Compost Facility Feasibility Study is to explore the viability of an improved and expanded Compost Facility that will help the City achieve SB 1383’s mandated organic waste diversion goals. Further, both the regional air district (San Joaquin Valley Air Pollution Control District Rule (SJVAPCD) 4566) and the Regional Water Board (General Waste Discharge Requirements for Composting Operations, Order WQ 2020-0012—DWQ) require improvements to the heavy equipment operations, working surfaces, and material processing operation to protect the air and groundwater quality, respectively. These two regulatory permitting agencies and the SB1383 legislation require the City to undertake substantial infrastructure, site electrifications, labor, and heavy equipment improvements to maintain the Compost Facility.

HDR Engineering, Inc. evaluated the facility’s ability to comply with California Department of Resources Recycling and Recovery (CalRecycle), SB 1383, San Joaquin Valley Air Pollution Control District, and the Regional Water Board Requirements and met with City staff to evaluate key considerations in the future of the facility. They examined the following major factors:
 Site surface improvements.
 Increase feedstock to approximately 100,000 tons per year, which will accommodate the additional material collected in compliance with SB 1383.  Address size and site design, equipment, and staffing limitations to accommodate additional material, sorting, and compliant processing methods.  Comply with regulations that limit the use of diesel-powered grinding equipment.  Review current permits and provide a gap analysis on those that would be required under the expansion; and
 Provide alternative and expanded sources of revenue.

Upon completing the compost feasibility study, HDR Engineering, Inc. developed a list of suggested improvements. The first project on the list is a Compost Surface Improvement project #11..
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which will prevent water settlement and ponding, promote drainage to the pad’s valley gutter and drains, and will provide a permanent solution to the site’s compromised working surface.

Due to the current Notice of Violation from the Water Quality Board, it is in the best interest of the City to proceed with Amending the current agreement to proceed with Compost Surface Improvements to gain compliance.

The following tasks have been identified to complete the Surface Improvement Task 1: Prepare Construction Grading Plans
This involves conducting a land survey and preparing grading plans based on the proposed surface improvements from the Compost Facility Feasibility Study. HDR will collaborate with Associated Engineering Group (AEG) for the survey. The plans will be reviewed by the City and finalized for construction, including drainage calculations.

Task 2: Revise WDR Technical Report
HDR will revise the Technical Report to comply with Waste Discharge Requirements (WDR) and prepare construction-level grading plans. Coordination with the Central Valley Regional Water Quality Control Board (CVRWQCB) will be undertaken. If revisions are needed, a proposal will be prepared, but major design changes are not included.

Task 3: Request for Proposal Assistance
HDR will assist the City in preparing the Request for Proposals (RFP) for selecting a contractor to perform the surface improvements. This assistance includes summarizing the scope and answering contractor questions related to design plans.

Task 4: Preparation of Construction SWPPP
HDR will prepare a Stormwater Pollution Prevention Plan (SWPPP) meeting California regulation. This will be included in the bid package for the RFP process. The SWPPP will be conceptual and require minor revisions by the selected contractor's Qualified SWPPP Developer (QSD). Third-party oversight for construction activities related to SWPPP is not included in this proposal.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204 (f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, to increase efficiency and avoid delays or disruptions to City projects or service.

FISCAL IMPACT:

On June 14, 2022, by Resolution No. 2022-427, Council approved the addition of Compost Facility Improvement fees to the residential and commercial solid waste rates. The anticipated cost to implement the recommendations of approximately $26,050,000 will be absorbed within the current Compost Facility Improvement (4896-56035) Fund. Due to the anticipated cost, this project will be completed in three different phases, over the next five to ten years, depending on available funds and on actual feedstock quantities. The first amendment will increase the #11..
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amount of the agreement by $96,062, as shown below, for a revised total amount not to exceed $193,117.

Table 1. Cost estimate per tasks identified:

Task Description Cost Estimate
Task 1 – Prepare Construction Grading Plans $ 31,915
Task 2 – Revise WDR Technical Report $ 36,147
Task 3 – Request for Proposals Assistance $ 13,515
Task 4 – Preparation of Construction SWPPP $ 14,485
Grand Total $ 96,062
CEQA/NEPA REQUIREMENTS:

An Environmental review might be required due to the facility expansion and improvements.

CEQA process which is anticipated to be a Mitigated Negative Declaration to increase acreage from 30 to a minimum of 46 acres, and clarify feedstock types, specifically the variety of food waste sources.

COMMITTEE RECOMMENDATION:

This project was presented to Economic Development committee on April 8, 2024, and the Committee recommended forwarding this item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment with HDR Engineering, Inc. for the Feasibility Study for the City of Modesto’s Compost Facility, increasing the Agreement amount by $96,062 from $97,055 to a new revised total amount not to exceed $193,117 over the term of the original agreement, and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

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

1. Resolution

2. First Amendment

3. Original Signed Agreement (with all Exhibits)

4. Bid Waiver

5. HDR Proposal
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1 2024-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING THE FIRST AMENDMENT WITH HDR
ENGINERRING, INC. FOR THE FEASIBILITY STUDY FOR THE CITY OF MODESTO’S COMPOST FACILITY, INCREASING THE AGREEMENT
AMOUNT BY $96,062 FROM $97,055 TO A NEW REVISED TOTAL AMOUNT NOT TO EXCEED $193,117 OVER THE TERM OF THE ORIGINAL

AGREEMENT, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, the City of Modesto Compost Facility was created and began operation in January 1997 to comply with Assembly Bill (AB) 939’s 50% waste diversion requirement; and
WHEREAS, in September 2016, Governor Brown signed the Short-Lived Climate Pollution Reduction Act Senate Bill (SB 1383)1 into law, establishing emission reduction targets statewide to reduce organic waste to landfill by 75% and recovering 20% of edible food waste for human consumption by 2025; and
WHEREAS; the Compost Facility’s primary and state mandated purpose is to process the City’s diverted yard waste, paper waste and food waste materials into a reusable soil amendment product (compost), thus keeping these materials from entering the landfill and lowering the City’s disposal rate. A secondary purpose of the facility is to then market and sell the finished compost to farmers, landscapers, and backyard gardeners, which in turn helps keep the facility sustainable. Compost is also donated to community gardens and landscape projects, parks, schools, churches, and has been used in City projects; and
1 https://www.calrecycle.ca.gov/organics/slcp
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2 2024-xxx
WHEREAS, annually, the Facility receives approximately 50,000 tons of raw compostable waste materials and processes it into about 25,000 tons of compost; and WHEREAS, on June 14, 2022, by Resolution No. 2022-276, Council approved new solid waste rates. The new rates took effect on July 1, 2022. A compost facility improvement fee was added to both residential rates and commercial rates. These fees will be solely utilized for facility improvements; and
WHEREAS, on December 6, 2022, by Resolution No. 2022-466, Council approved an agreement with HDR Engineering, Inc. to conduct a Feasibility Study for the City’s Compost Facility. On October 24, 2023, by Resolution No. 2023-472, Council approved the proposed plan and recommendations from HDR Engineering to expand and improve the existing City of Modesto Compost Facility; and WHEREAS, the purpose of the Compost Facility Feasibility Study is to explore the viability of an improved and expanded Compost Facility that will help the City achieve SB 1383’s mandated organic waste diversion goals; and WHEREAS, both the regional air district (San Joaquin Valley Air Pollution Control District Rule (SJVAPCD) 4566) and the regional water board (General Waste Discharge Requirements for Composting Operations, Order WQ 2020-0012—DWQ) require improvements to the heavy equipment operations, working surfaces, and material processing operation to protect the air and groundwater quality, respectively; and WHEREAS, these two regulatory permitting agencies and SB 1383 require the City to undertake substantial infrastructure, site electrifications, labor, and heavy equipment improvements to maintain the Compost Facility; and WHEREAS, HDR Engineering, Inc. evaluated the facility’s ability to comply with #11..
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3 2024-xxx
California Department of Resources Recycling and Recovery (CalRecycle), SB 1383, San Joaquin Valley Air Pollution Control District, and the Regional Water Board requirements and met with City staff to evaluate key considerations in the future of the facility, 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. However, exceptions to the formal bidding process are granted in MMC 8-3.204 (f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, to increase efficiency and avoid delays or disruptions to City projects or service.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment with HDR Engineering, Inc. of Folsom, CA for the Feasibility Study for the City of Modesto’s Compost Facility, increasing the amount by $96,062 from $97,055 to a new revised total amount not to exceed $193,117 over the term of the original Agreement.

BE IT FURTHER RESOLVED, that the City Manager, or his designee is authorized to execute the Amendment, in a form approved by the City Attorney. #11..
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4 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May 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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1 FIRST AMENDMENT TO AGREEMENT

FOR FEASIBILITY STUDY FOR COMPOST WITH HDR ENGINEERING

CONSULTANTS
This First Amendment to the Agreement for Feasibility Study for Compost (“ First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and HDR ENGINEERING, a Nebraska Corporation, (hereinafter "Consultant") as of _______ day of _____________, 2024.

RECITALS
This First Amendment to the Agreement for Feasibility Study for Compost Service is made with regard to the following recitals:

A. The Consultant Agreement for Feasibility Study for Compost (No. 240991), hereinafter referred to as “Original Agreement” was entered into between City and Consultant on the 6th day of December 2022.

B. City and Consultant desire to amend the Original Agreement to expand the SCOPE OF SERVICES to include “Exhibit A1” for Compost Surface Improvements.

C. City and Consultant desire to amend the Original Agreement to increase the compensation paid for services by $96,062 for a revised total amount not to exceed $193,117 over the term of the Original Agreement.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement, the parties agree as follows:

1. Section 1 “SCOPE OF SERVICES” shall be amended to include Exhibit “A1” for Compost Surface Improvement, attached hereto and incorporated herein. #11..
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2 2. Section 3 “COMPENSATION” shall be deleted in its entity, and replaced with the following;
Consultant agrees to accept a sum, for a total not to exceed amount of $193,117 DOLLARS (One Hundred Ninety-Three Thousand and One Hundred and Seventeen Dollars) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A”, Exhibit “A1”, and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

The City shall pay Consultant on a time and materials basis for Consultant’s Actually costs for all work called for in Exhibit “A” and Exhibit “A1” to this Agreement.

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 out-ofpocket costs paid by Consultant in connection with work performed on this project.

3. Except as modified and amended by this First Amendment, all other provisions of the Original 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 to AGREEMENT for FEASIBILTY STUDY FOR COMPOST Services by its City Manager and attestation by its City Clerk on the ________ day of ___________, 2024, and HDR ENGINEERING, has caused this FIRST AMENDMENT to be duly executed as of the Effective Date. #11..
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Revised 1/19/2024
Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:

Supplier Contact: Supplier Phone No:

Are Federal Funds being utilized for portion of purchase? A bid waiver is required for any procurement commitment greater than $ 3,500 where a minimum of three bids are not obtained.

Justification for waiving the competitive bid requirements is limited to the following (provide detailed information in the comments section of form):

Reason for Bid Waiver - Check Box:

Sole Source - The item/service is unique in its specifications such that only one vendor is qualified to provide the good or service (Formal bidding exception under MMC 8-3.204(b))
OEM - Original Equipment Manufacturer / Distributor
Inflexible time constraints preclude the bidding process - Exigent or mergency circumstances (Formal bidding exception under MMC 8-3.204 (c)) The incumbent's cost, delivery and quality can be compared to a previous quote/bid obtained within the last six months, for the same or similar item/service (Total purchase must be less than $100,000)
Professional Services defined under MMC 8-3.103 (Formal bidding exception under MMC 8-3.204 (a)) – staff should make effort to solicit at least three informal proposals.

Single Bid/Proposal – More than one supplier could provide the goods or service, but only one supplier provided bid/proposal for solicitation.

Amendment – Extending agreement for no more than one year to allow the City to complete formal bidding process for new agreement (MMC 8-3.204 (e)).

Amendment – Amending the goods or services under the existing agreement to include similar types of goods and services (MMC 8-3.204 (f)) Requisition No: Department:

Project Description:

The purchase of any item utilizing any Federal Funding must comply with current applicable Circular Yes No
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Revised 1/19/2024
Other (requires detailed comments)

NEW TECHNOLOGY PURCHASES
Does the new technology meet the criteria to be reviewed by the Technology Steering and Alignment Committee (TSAC)? Yes ____ No ____
If yes, was it approved by this committee? Yes ____ No ____ Approval Name Signature Date
Requestor
Division Manager
Department Director
Chief Information Officeri
Buyer
Purchasing Manager
Director of Finance

i Information technology (IT) purchases will require Chief Information Officer Signature Buyer Comments:

Comments:
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hdrinc.com
3003 Oak Road, Suite 500, Walnut Creek, CA 94597-4541
(925) 465-2700
December 7, 2023
Rosene Nguyen
Integrated Waste Program Manager
City of Modesto
[email protected]
Subject: Proposal for Permitting and Design for Compost Facility Surface Improvements
Dear Mrs. Nguyen,
HDR Engineering, Inc. (HDR) is pleased to present this proposal to support the City of Modesto (City) in updating their Waste Discharge Requirements (WDR) for Composting Operations Technical Report for the City’s Compost Facility (Facility) located at 7001 Jennings Road. This is one of the next steps that HDR recommendations for the City, as a result of the Facility Feasibility Study, to improve the Facility’s operations and comply with the WDR requirements. HDR has prepared this proposal based on our experience performing previous work on the Facility and similar projects.

HDR has recently completed the Compost Facility Feasibility Study for the City which included a list of recommendations to improve and expand the operations at the Facility.

The work included performing a feedstock assessment, site electrification analysis, permitting strategy, as well as completing a conceptual design of the surface improvements, and collecting vendor quotes for composting systems and equipment. This proposal is one of the next steps for improving the Facility.

Scope of Services
The following tasks have been identified to complete the above objectives:

Task 1 – Prepare Construction Grading Plans
The proposed surface improvements from the Compost Facility Feasibility Study will be used to prepare the construction grading plans. Prior to preparing the grading plans, a land survey will be conducted. HDR has partnered with Associated Engineering Group (AEG) located in the City of Modesto to perform this work. AEG performed the 2009 land survey for the Facility and is familiar with the property. AEG has provided a separate proposal which has been incorporated into this proposal and is included in Appendix A. #11..
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Once the results of the land survey are received, HDR will prepare a 60% design packet of the grading plans for City review and comment. Once comments are received from the City, HDR will finalize the 100% design plans for the Facility surface improvements. The design packet will be inclusive of supporting drainage calculations to be used in the Revised Technical Report.

The HDR team anticipates the design plans to be up to twelve (12) sheets for a complete submittal packet. Other than the survey, one (1) additional site visit is anticipated for up to two (2) HDR staff. The design lead will meet with the City virtually for up to three (3) meetings during the preparation of the plans, once after the survey data has been received, again after the 60% design packet has been prepared, and a final meeting to review the complete 100% design packet.

The final deliverable will be in PDF format for the City to submit to the appropriate department to obtain the necessary permits and approvals prior to construction. These PDFs will also be designed to be included in the future Request for Proposals (RFP) for the City to select a qualified contractor to perform the construction activities.

This task does not include major revisions to the construction grading plans post-review by the applicable permitting agencies. Minor revisions such as labeling and formatting are included.

Task 2 – Revise WDR Technical Report
During the Compost Facility Feasibility Study, HDR proposed surface improvements at the Facility to comply with WDR and prepared conceptual level design plans. These proposed surface improvements will be used to revise the Technical Report and prepare the construction level grading plans. The Technical Report will include the construction level grading plans and supporting drainage calculations. This assumes one (1) round of review and comments from the City prior to finalizing the Technical Report.

This assumes one (1) complete revised Report of Waste Discharge (ROWD) application package, inclusive of the application form if required by the Central Valley Regional Water Quality Control Board (CVRWQCB). HDR will lead the coordination with the CVRWQCB during their review process and assumes responding to one (1) round of comments through a revised ROWD application package. Coordination with CVRWQCB may include emails, phone calls, and virtual meetings not to exceed twenty (20) hours of HDR labor. #11..
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If the CVRWQCB does not approve the current design, then HDR will prepare a proposal to revise the construction grading plans and associated drainage calculations. The ROWD revisions included in this proposal do not include changing the proposed design.

Task 3 – Request for Proposal Assistance
It is HDR’s understanding that the City will prepare and facilitate a Request for Proposals (RFP) to select a contractor to perform the proposed surface improvements at the Facility.

HDR will assist as needed in the RFP process for up to fifty (50) hours by key HDR staff.

Specifically, HDR will participate in a limited basis during the contractor RFP process to prepare a summary description of the scope and to answer questions from the contractors related to the design plans.

Task 4 – Preparation of Construction SWPPP
HDR will prepare a conceptual Stormwater Pollution Prevention Plan (SWPPP) document pursuant to the California State Water Resources Control Board and Construction General Permit (CGP) requirements, which includes the SWPPP be written by a Qualified SWPPP Developer (QSD). The SWPPP will be prepared using the California Stormwater Quality Association (CASQA) construction SWPPP template. This assumes one (1) round of comments from the City during one (1) comment period. The SWPPP will be prepared to be provided as part of the bid package for the RFP process to select a contractor. The purpose of the conceptual construction SWPPP is to provide a SWPPP that will only require minor revisions by the selected contractor’s QSD. HDR will not be the projectspecific QSD certifying the SWPPP; the project-specific QSD will need to be identified and supplied by the selected contractor.

HDR is able to provide third-party oversight for the proposed construction activities, as they related to the construction SWPPP, however these services are not included in this proposal at this time.

Project Schedule
HDR anticipates that the ROWD application packet will be ready for submittal within four (4) months of receiving the Notice to Proceed (NTP). The land survey will be performed within one (1) month of receiving the NTP. After the results of the land survey are delivered, HDR anticipates approximately two (2) months to prepare the construction grading plans and supporting drainage calculations. These design plans and calculations will be incorporated into the Technical Report and a complete application packet will be #11..
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prepared for submittal to the CVRWQCB. Tasks 3 and 4 will only commence after feedback from the CVRWQCB is received, or as directed by the City to proceed. It is anticipated that the CVRWQCB may take between four (4) to nine (9) months to review the ROWD package. The construction grading plans, Technical Report, RFP process, and construction SWPPP may be impacted depending on comments received.

Fee Estimate
HDR will furnish labor, equipment, and materials to assist the City of Modesto on a time and materials basis not to exceed $96,062 (see Table 1 below).

Staff rates will be consistent with the current contract terms. HDR will only expend efforts under these tasks as authorized by the City.

The people most involved in this project will be Cindy Liles, EIT and Maryan Kukharets, PE.

The project team will be supported on an as-needed basis by other technical resources within HDR. The 2024 activities described herein can commence immediately upon NTP from the City.

Table 1. Cost estimate per tasks identified
Task Description Cost Estimate
Task 1 – Prepare Construction Grading Plans 31,915
Task 2 – Revise WDR Technical Report 36,147
Task 3 – Request for Proposals Assistance 13,515
Task 4 – Preparation of Construction SWPPP 14,485
Grand Total $96,062
Exclusions
The scope of work and budget associated with this proposal assume the following:
 Meetings with the City and vendors will be conducted virtually.  The proposed surface improvements in the Compost Facility Feasibility Study will be used to revise the Technical Report and prepare the construction level grading plans.
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 The City will obtain the necessary local approvals for construction of the proposed surface improvements, such as, but not limited to a grading permit.  The City will prepare the RFP for a contractor to perform the surface improvements proposed at the Facility and coordinate the selection of the contractor.  HDR will participate in a limited basis during the contractor RFP process to prepare a summary description of the scope and to answer questions from the contractors related to the design plans.
 A QSD certified SWPPP for construction is not included in this proposal.  Construction Quality Assurance (CQA) services are not included in this proposal.  This proposal does not include major revisions to the construction grading plans post-review by the applicable permitting agencies. Minor revisions such as labeling and formatting are included.
 Work is assumed to occur in the calendar year 2024.

HDR has qualified staff and is available to provide a separate proposal for these services excluded above.

HDR is excited about another opportunity to work with the City of Modesto. In the meantime, please feel free to contact us should you have questions.

Sincerely,
HDR Engineering, Inc.

Cindy Liles Holly Kennedy, PE
Project Manager Senior Vice President
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Appendix A
Appendix A:

Associated Engineering
Group Survey Proposal
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4206 TECHNOLOGY DRIVE, SUITE 4, MODESTO, CA 95356 • PHONE: (209) 545-3390 • FAX: (209) 545-3875 • www.assoceng.com P3385_rev

AGREEMENT

PROFESSIONAL CONSULTING SERVICES
MODESTO COMPOST FACILITY – TOPOGRAPHIC SURVEY

MODESTO, CALIFORNIA
NOVEMBER 17, 2023

1. LOCATION
The subject site is located at 7001 Jennings Road in Modesto, California, as illustrated in the attached exhibit depicting limits of area and is further identified as Stanislaus County Assessor’s Parcel No.: 22-01-02.

2. CLIENT
Cindy Liles
HDR Inc.
2365 Iron Point Road
Folsom, CA 95630-8709
(408) 386-1965

3. SCOPE OF SERVICES
This project, being the professional consulting services necessary for the topographic survey as shown on the attached exhibit to be done under the supervision of a license land surveyor for quality control purposes, shall include, but not be limited to, the following:

A. FIELD AND AERIAL TOPOGRAPHIC SURVEY (limits of survey, see attached)

1. Perform field surveying for establishment of horizontal and vertical control at site, utilizing State Plane Coordinates (NAD83-SPC Zone CA-III) and North American Vertical Datum of 1988 (NAVD88).

2. Setup aerial flight crosses and tie in control for aerial topographic survey.

3. Perform detailed topographic survey of existing improved areas to include:
a. Horizontal location of planimetric features to include top and toe of slopes, roads, curbs, concrete drainage swales, concrete pads, containment areas, pavement, parking lot striping, planter areas, sidewalks, trench drains, bollards, grade breaks, surface visible utilities such as manholes, drain inlets, valves, fire hydrants, etc., buildings, building corners, fences, rails gates, walls, vegetation, trees, signs, and other visible features within the survey limits.
b. Surface utility locations along with subsurface alignment to include invert elevations for all gravity pipes, storm drain inlets and manholes. Measure and note all visible pipe sizes in the field.

4. Perform aerial survey of site for base mapping purposes of approximately 60 +/- acres.

ITEM A.........................................................................$9,380 (Based on Prevailing Wage Rates)
B. TOPOGRAPHIC BASE MAPPING (limits of survey, see attached)

1. Perform base mapping to incorporate field data (task item A) and aerial topography into one overall base drawing to include the appropriate lines, symbols, and annotation to clearly depict the topographic data collected.

2. Prepare digital terrain model (DTM) at 1-foot contours on base drawing.

3. Prepare aerial and topographic survey base drawing at a scale to fit on a 24” x 36” sheet to be provided in PDF format with land surveyors seal and signature and AutoCAD Civil 3D v2018 format for client’s use.

ITEM B .........................................................................$3,605

4. TOTAL FEE .....................................................................................................................................................$12,985

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Modesto Compost Facility
Modesto, California
November 17, 2023

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5. COMPENSATION FOR SERVICES
A. Fees are due and payable in the amount and in accordance with the above referenced scope of services.

Invoicing shall be on a monthly schedule and reflect that portion of the scope of services of which consultant has completed. All payments shall be due at receipt of the invoice unless otherwise specified in this agreement.

B. Should for any reason the due and payable portion of the above referenced scope of services fee schedule become delinquent, the Owner/Client agrees to pay a monthly late payment charge which will be the lesser of 1.5% per month or a monthly charge equal to the maximum legal amount which will be applied to any unpaid balance due commencing thirty (30) days after the date of original invoice.

6. STANDARD PROVISIONS OF AGREEMENT
Client has read and understands all the standard provisions of the agreement set forth and included herewith and agrees all standard provisions of agreement are a part of this agreement and are binding on Client.

In witness whereof, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated. The agreement may be withdrawn by Associated Engineering Group, Inc. if not accepted within 30 days from the date of authorized signature below.

CONSULTANT: (Authorization) OWNER/CLIENT: (Acceptance of Agreement) ASSOCIATED ENGINEERING GROUP, INC. HDR Inc.

_________________________Date: __________ _________________________Date: _________ Jim Freitas
President
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 7, 2024
Date: April 4, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award Jennings Well Treatment Improvements Project CONTACT: Cristian C. Ciotau, Engineering Division Manager [email protected], 209-571-5175
DESCRIPTION:

Consider approving the Plans and Specifications for the Jennings Well Treatment Improvements Project accepting the Bid and Awarding a Construction Contract to TNT Industrial Contractors Inc., of Sacramento, CA, in the amount of $1,135,700, authorizing 15% for contingency, if needed, for a total payment amount not to exceed $1,306,055 and approving an agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction Services for a total amount not to exceed $86,570. (Funding Source: Wastewater 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:

The Jennings Well provides potable water to the Regional Water Recycling Facility - Jennings Campus (RWRF-JC), for Operations and Maintenance staff. The Jennings Well has historically exceeded the secondary Maximum Contaminant Levels for chloride, manganese, sulfate, hardness, electrical conductance, and total dissolved solids. When chlorinated, manganese precipitates out of solution and leaves a dark residual that must be flushed out of the distribution system on a regular basis.

The City previously retained West Yost Associates (West Yost) to evaluate treatment or other available options and provide recommendations to improve potable water quality.

Findings from the evaluation included the following:
 Drilling a replacement well or modification of the existing well is unlikely to improve water quality; therefore, adding treatment to the existing well is recommended to meet applicable water quality requirements.
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 The proposed treatment system consists of replacing the existing well pump with a higher head unit and adding a pressure tank, a water softener, and a packaged reverse osmosis treatment unit.
 Water demands at the RWRF-JC and Public Works Composting Facility are projected to increase but are within the production capacity of the existing well, even with implementation of treatment.

After reviewing the technical memorandum prepared by West Yost, staff recommended proceeding with the improvements as recommended by the consultant. The review included a closer evaluation of the brine waste discharge and increase in total dissolved solids that would result from the proposed treatment system. The anticipated increase was found to be a small fraction of the total load at the RWRF-JC and would likely not be detectable. Final design improvements included replacing the existing well pump with a higher head unit, adding a pressure tank, a water softener, and a packaged reverse osmosis treatment unit.

Once construction of the improvements has been completed the Jennings Well will also be able to provide potable water service to the Public Works Composting Facility, which currently does not have a potable water supply.

DISCUSSION:

The project was advertised for bids on January 31, 2024. Bids were publicly opened on March 5, 2024, pursuant to City Charter Section 1307 and TNT Industrial Contractors Inc., of Sacramento, CA, was the responsible bidder with the lowest responsive bid.

Bid Analysis:

Number of Bids Received 2
Number of Bids Within 10% of the Engineer’s Estimate 0
Number of Bids Above the Engineer’s Estimate 0
Number of Bids Below the Engineer’s Estimate 2
Percent Low Bid is Below the Engineer’s Estimate 33.19% TNT Industrial Contractors Inc., of Sacramento, CA, was 33.19% below the Engineer’s Estimate. The next bid was 13.82% below the Engineer’s Estimate. Bidder competition and participation was evident as the City received two bids.

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. The award of a Contract for the construction of the Jennings Well Treatment Improvements Project to TNT Industrial Contractors Inc., of Sacramento, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and TNT Industrial Contractors Inc., was the lowest responsive and responsible bidder.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326 and revised a second time on September 12, 2023, by Council Resolution No. 2023-405 established a Contract change order authority of 10% for Construction Contracts of this dollar value. However, after #12..
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reviewing the plans and specifications, and given the nature of this project where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 10% ($113,570) of the Construction Contract amount of $1,135,700. Therefore, staff is requesting that the Director’s Authority to issue change orders be increased to 15% ($170,355) of the Construction Contract amount.

While the contingency policy is utilized for each Construction Contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Here, considering the current staff workload, resources and expertise required for this project and that West Yost is the Engineerof-Record, Engineering Support During Construction services will be needed from West Yost to ensure construction of the facilities meets the original design described in the plans and specifications. Hiring an engineering firm other than West Yost would result in increased costs and inefficiencies because such firm will not have West Yost’s familiarity and experience with the project given its role as engineer-of-record. West Yost’s scope of work will include reviewing submittals, responding to requests for information and providing field engineering support.

Therefore, staff is requesting approval of an Agreement with West Yost for Engineering Support During Construction in the amount of $78,700, plus $7,870 in additional services (if needed), for a total amount not to exceed $86,570.

FISCAL IMPACT:

The total estimated cost for the construction phase of this project is $1,806,055. Expenses associated with this effort are housed in the following Capital Improvement Program project:
101093 - Jennings Well Treatment Improvements

ANTICIPATED EXPENDITURES
Construction Contract - TNT Industrial Contractors $1,135,700 Construction Contingency (15%) $170,355
Construction Administration - City Staff $300,000
Engineering Support During Construction Agreement - West Yost $78,700 Additional Services (10%) $7,870
Engineering/Design/Administration - City Staff $113,430 TOTAL $1,806,055
A budget adjustment in the amount of $1,666,175 from Wastewater Reserves will be necessary to fund the Construction Phase of this project.
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COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the meeting held on April 4, 2022, where it was recommended that an Engineering Services Agreement with West Yost be forwarded to Council.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 (Ex. Facilities) Class1, (b).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Plans and Specifications for the Jennings Well Treatment Improvements Project; accepting the Bid and Awarding a Construction Contract to TNT Industrial Contractors Inc., of Sacramento, CA, in the amount of $1,135,700, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $170,355, 15% of the original contract price, for a total payment amount not to exceed $1,306,055 and authorizing the City Manager, or his designee, to execute the Contract.

Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction Services for the Jennings Well Treatment Improvements Project, in the amount of $78,700, plus $7,870 in additional services, if needed, for an Agreement total amount not to exceed $86,570 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $1,666,175 to fund the Construction Phase of the Jennings Well Treatment Improvements Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (3)

2. Construction Contract - TNT Industrial Contractors Inc.

3. Bid Results

4. Engineering Support During Construction Agreement - West Yost Associates #12..
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05/07/2024/ESD/CCiotau/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE JENNINGS WELL TREATMENT IMPROVEMENTS PROJECT; ACCEPTING

THE BID AND AWARDING A CONSTRUCTION CONTRACT TO TNT
INDUSTRIAL CONTRACTORS INC., OF SACRAMENTO, CA, IN THE
AMOUNT OF $1,135,700, AUTHORIZING THE DIRECTOR OF ENGINEERING

SERVICES TO APPROVE CHANGE ORDERS UP TO THE CUMULATIVE
AMOUNT OF $170,355, 15% OF THE ORIGINAL CONTRACT PRICE, FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $1,306,055 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE CONTRACT
WHEREAS, the Jennings Well provides potable water to the Regional Water Recycling Facility - Jennings Campus (RWRF-JC), for Operations and Maintenance staff, and
WHEREAS, the Jennings Well has historically exceeded the secondary Maximum Contaminant Levels for chloride, manganese, sulfate, hardness, electrical conductance and total dissolved solids, and
WHEREAS, after reviewing the Technical Memorandum prepared by West Yost Associates, staff recommended proceeding with the improvements as recommended by the engineering consultant, and
WHEREAS, the improvements will include replacing the existing well pump with a higher head unit, adding a pressure tank, a water softener, and a packaged reverse osmosis treatment unit, and
WHEREAS, the project was advertised for bids on January 31, 2024, and #12..
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05/07/2024/ESD/CCiotau/Item X 2 2024-XX
WHERAS, on March 5, 2024, bids were publicly opened, pursuant to City Charter Section 1307, two bids were received and TNT Industrial Contractors Inc., of Sacramento, CA, was the responsible bidder with the lowest responsive bid, 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 follow the formal bid procedures, and
WHEREAS, the award of Contract for the construction of the Jennings Well Treatment Improvements Project to TNT Industrial Contractors Inc., of Sacramento, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and TNT Industrial Contractors Inc. was the lowest responsive and responsible bidder, and
WHEREAS, staff recommends awarding the Contract to TNT Industrial Contractors Inc., of Sacramento, CA, and
WHEREAS, the City’s “Change Order Approval Policy” establishes a Contract change order authority of 10% for Construction Contracts of this dollar value. However, after reviewing the plans and specifications, and given the nature of this project where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 10% ($113,570) of the Construction Contract amount of $1,135,700, and
WHEREAS, the City Council desires to increase the Director’s Authority to issue change orders to 15% ($170,355) of the Construction Contract amount. .
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05/07/2024/ESD/CCiotau/Item X 3 2024-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Jennings Well Treatment Improvements Project; accepts the bid and awards a Construction Contract to TNT Industrial Contractors Inc., of Sacramento, CA , in the amount of $1,135,700, and authorizes the Director of Engineering Services to approve Change Orders up to the cumulative amount of $170,355, 15% of the original Contract price, for a total payment amount not to exceed $1,306,055.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May, 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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05/07/2024/ESD/CCiotau/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING AN AGREEMENT WITH WEST YOST

ASSOCIATES, OF SACRAMENTO, CA, FOR ENGINEERING SUPPORT

DURING CONSTRUCTION SERVICES FOR THE JENNINGS WELL
TREATMENT IMPROVEMENTS PROJECT, IN THE AMOUNT OF $78,700, PLUS $7,870 IN ADDITIONAL SERVICES, IF NEEDED, FOR AN AGREEMENT TOTAL AMOUNT NOT TO EXCEED $86,570 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, on May 10th, 2022, by Resolution No. 2022-220, Council approved an agreement with West Yost Associates (West Yost) for Engineering Design Services for the Jennings Well Improvements Project, and
WHEREAS, Engineering Support During Construction will be needed from West Yost to ensure construction of the facilities meets the original design described in the plans and specifications, and
WHEREAS, Administrative Directive 3.1 allows for an accelerated selection process, if in the best interest of the City, where a consultant may be secured for specific projects to provide professional services, and
WHEREAS, Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures, and
WHEREAS, exceptions to the formal bidding process are granted in MMC 8-

3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”, and
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05/07/2024/ESD/CCiotau/Item X 2 2024-XX
WHEREAS, considering the current staff workload, resources and expertise required for this project and that West Yost is the Engineer-of-Record, Engineering Support During Construction services will be needed from West Yost to ensure construction of the facilities meets the original design described in the plans and specifications, and
WHEREAS, hiring an engineering firm other than West Yost would result in increased costs and inefficiencies because such firm will not have West Yost’s familiarity and experience with the project given its role as engineer-of-record.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Engineering Support During Construction Agreement with West Yost for the Jennings Well Treatment Improvements Project in the amount of $78,700, plus $7,870 for additional services, if needed, for a total amount not to exceed $86,570.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #12..
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05/07/2024/ESD/CCiotau/Item X 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May 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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05/07/2024/ESD/CCiotau/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $1,666,175 TO

FUND THE CONSTRUCTION PHASE OF THE JENNINGS WELL

TREATMENT IMPROVEMENTS PROJECT AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THE

RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $1,666,175, in order to fund the Jennings Well Treatment Improvements Project, and WHEREAS, the Fiscal Year 2023-24 Capital Improvement Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $1,666,175.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #12..
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05/07/2024/ESD/CCiotau/Item X 1 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May 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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Bid Tabulation Thursday, March 7, 2024
Project Title: Jennings Well Treatment Improvements
Project ID #: 2024-04
Fund #: 101093
Vault ID #: 14-D-0141
Bid Opening: 3/5/2024 at 11:00 AM
Basis of Award: By Base Bid Designer: West Yost Associates Design Manager: Cristian Ciotau
Project Description: The purpose of this project is to address water quality issues associated with the Jennings Well, which supplies potable water to the City's Jennings Wastewater Treatment Plant.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
TNT Industrial Contractors, Inc.
(916) 395-8400 3800 Happy Lane, Sacramento CA 95827
Base Bid
1 Mobilization and Demobilization LS 1 $45,000.00 $45,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $5,000.00 $5,000.00 3 All Work to Install Treatment System LS 1 $300,000.00 $300,000.00 4 Steel Canopy and Foundation LS 1 $121,000.00 $121,000.00 5 Compost Facility Water Supply Modifications LS 1 $29,000.00 $29,000.00 6 Well Pump Work LS 1 $20,000.00 $20,000.00
7 Concrete: Equipment Pads LS 1 $125,000.00 $125,000.00 8 Structural Calculations for Equipment Anchorage LS 1 $5,700.00 $5,700.00 9 Electrical Work LS 1 $422,000.00 $422,000.00
10 Start-Up, Testing, Training, and Commissioning LS 1 $63,000.00 $63,000.00 at the Well Treatment System
Total: $1,135,700.00
Pacific Infrastructure
(925) 249-0011 435 Boulder Ct, Suite #200, Pleasanton CA 94566 Base Bid
1 Mobilization and Demobilization LS 1 $50,000.00 $50,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $3,000.00 $3,000.00 3 All Work to Install Treatment System LS 1 $800,000.00 $800,000.00 4 Steel Canopy and Foundation LS 1 $60,000.00 $60,000.00 5 Compost Facility Water Supply Modifications LS 1 $85,000.00 $85,000.00 6 Well Pump Work LS 1 $100,000.00 $100,000.00
7 Concrete: Equipment Pads LS 1 $60,000.00 $60,000.00
8 Structural Calculations for Equipment Anchorage LS 1 $2,000.00 $2,000.00 9 Electrical Work LS 1 $300,000.00 $300,000.00
10 Start-Up, Testing, Training, and Commissioning LS 1 $5,000.00 $5,000.00 at the Well Treatment System
Total: $1,465,000.00
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Engineer's Estimate
Base Bid
1 Mobilization and Demobilization LS 1 $97,000.00 $97,000.00 2 Water Pollution Control Plan (WPCP) LS 1 $20,000.00 $20,000.00 3 All Work to Install Treatment System LS 1 $850,000.00 $850,000.00 4 Steel Canopy and Foundation LS 1 $97,000.00 $97,000.00 5 Compost Facility Water Supply Modifications LS 1 $195,000.00 $195,000.00 6 Well Pump Work LS 1 $156,000.00 $156,000.00
7 Concrete: Equipment Pads LS 1 $115,000.00 $115,000.00 8 Structural Calculations for Equipment Anchorage LS 1 $20,000.00 $20,000.00 9 Electrical Work LS 1 $130,000.00 $130,000.00
10 Start-Up, Testing, Training, and Commissioning LS 1 $20,000.00 $20,000.00 at the Well Treatment System
Total: $1,700,000.00
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-1-

ENGINEERING SUPPORT DURING CONSTRUCTION AGREEMENT

JENNINGS WELL TREATMENT IMPROVEMENTS PROJECT
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 WEST YOST ASSOCIATES, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Support During Construction is necessary for the Jennings Well Treatment Improvements Project.

B. Consultant represents that it is qualified, willing and able to provide the aforementioned services.

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 preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #12..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVENTY-EIGHT THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($78,700) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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 hourly 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 out-of-pocket costs paid by Consultant in connection with work performed on this project. #12..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or SEVEN THOUSAND EIGHT HUNDRED SEVENTY AND 00/100 DOLLARS ($7,870). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed EIGHTY-SIX THOUSAND FIVE HUNDRED SEVENTY AND 00/100 DOLLARS ($86,570). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant represents 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 represents 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. In providing services under this Agreement, Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality ("Standard of Care").”
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5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Bobby Vera, 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 ten percent (10%) 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, upon payment of all invoices due and owing to Consultant, 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. City shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless Consultant from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting from such unauthorized reuse or distribution.

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.

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 of the City. Such data or information may not be used or copied for #12..
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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 City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. 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.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #12..
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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. Consultant, by virtue of this Agreement, 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.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this 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 the method, details and means of performing the work and services to be provided by Consultant under this Agreement in a manner consistent with the Standard of Care. 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 has control over the manner and means of performing the services under 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 #12..
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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.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

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.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #12..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; 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: West Yost Associates
Address: 8950 Cal Center Drive
Building 1, Suite 363
Sacramento, CA 95826
Attention: Bobby Vera
Phone: (916) 306-2250
Email: [email protected]
FOR CITY: Name:

Address:

City of Modesto
1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Cristian Ciotau
Phone (209) 571-5175
Email: [email protected]

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 by certified mail, return receipt requested, for all of the following stated insurance policies. #12..
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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 non-payment 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 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.
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(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.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and #12..
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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 by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #12..
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Termination byCity for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Cityis prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The Cityshall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the 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 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 #12..
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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 mayhave 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 Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to #12..
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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;
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.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
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16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. 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, to the extent they are arising directly or indirectly out of any negligent, reckless, or willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018.

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.

18. DISPUTE RESOLUTION.

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 determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #12..
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Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties #12..
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shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

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

20. PARTIAL INVALIDITY.

21. WAIVER.

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.

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 comply with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Consultant shall 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. #12..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate 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 WEST YOST ASSOCIATES has caused this agreement to be duly executed in duplicate as of the Effective Date. #12..
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8950 Cal Center Drive
Bldg. 1, Suite 363
Sacramento CA 95826
916.306.2250 phone
530.756.5991 fax
westyost.com
March 13, 2024 SENT VIA: EMAIL
Cristian Ciotau, PE, SE, LEED AP
Engineering Division Manager, Utilities
City of Modesto
1010 10th Street, Suite 4600
Modesto, CA 95353
SUBJECT: Proposal for Engineering Services during Construction for the Jennings Potable Water Supply Well Treatment Project
Dear Cristian:

The purpose of this letter proposal is to describe West Yost’s proposed Scope of Services, Budget, and Schedule for construction period support associated with equipping the City of Modesto’s (City’s) existing Jennings Wastewater Treatment Plant (WWTP) potable water supply well (Jennings Well) with a treatment system capable of supplying water that meets all primary and secondary water quality requirements.

West Yost provided an initial set of 100 percent documents in late October 2023. After review of these documents, City staff directed West Yost to expand the scope of services to also include the following:
replacing the existing skid-mounted booster pump station that pumps to distribution system, adding a sampling bank to the chemical injection shed, replacing the existing 500 gallon hydropneumatic tank associated with the booter pump station, replacing/integrating all electrical panels associated with the booster pump station, paving the remainder of the site area, and replacing the existing fence. These items were not included in the initial scope of services (dated January 25, 2022). In the interest of time and at the City’s direction, the 100 percent documents were revised to incorporate these elements into the bid package. As a result, the remainder of the previously authorized budget was used, resulting in the need for a new agreement for the construction period services.

SCOPE OF SERVICES
West Yost has organized the scope of services into the following tasks, each further described below:
 Task 1. Engineering Services during Construction
 Task 2. Project Management and Meetings
Task 1. Engineering Services during Construction
Under this task, West Yost will provide engineering services during construction that are anticipated in the following three key phases of construction:
 Pre-Construction
 Construction
 Post-Construction
Activities specific to each phase are described in more detail in the subsequent sections.

EXHIBIT A
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Cristian Ciotau, PE, SE, LEED AP
March 13, 2024

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N-M-C-City of Modesto-LP-2021 Jennings Well Trtmt Design-2024 ESDC LP Task 1.1 Pre-Construction Activities
This phase focuses on activities that occur prior to the contractor mobilizing to the project site. Anticipated activities include:
 Prepare construction drawings and technical specifications based on the design drawings and technical specification from bid documents, addenda (if any), and any changes during contracting.
 Review contractor’s shop drawings and other submittals, including material submittals, project schedule, and schedule of values (a total of up to 50 submittals and/or resubmittals are assumed).

Task 1.2 Construction Activities
This phase focuses on activities that occur during construction, while the selected contractor is on-site.

Anticipated activities include:
 Attend regular onsite construction status meetings, led by City construction management team. Up to five (5) on-site meetings are assumed.
 Provide design team with technical design expertise whenever a change order is being considered, including, but not limited to: plan details, specifications, and cost estimates.

Review and comment on draft change orders. Up to five (5) change orders are assumed.  Participate in final inspection, testing, and start-up and make recommendations to the City regarding project acceptance.

Task 1.3 Post-Construction Activities
This phase focuses on activities that occur after construction is complete, and the selected contractor is demobilizing/completely off the project site. The primary activity associated with this phase is preparation of record drawings of the final project, which depict the conditions as documented by the Contractor and the City’s construction manager.

Task 1 Assumptions
 City will provide construction management and inspection services.  West Yost will participate in final inspection, testing and start-up, and make recommendations to City regarding Project acceptance.
 West Yost will review up to a total of 50 submittals and/or resubmittals.  West Yost will review up to five (5) considered change orders.  West Yost will attend up to five (5) on-site meetings.

Task 1 Deliverables
 West Yost will provide written responses to submittals and/or change orders, as needed.  West Yost will prepare record drawings based on markups provided by the City.

Task 2. Project Management and Meetings
Monthly project status conference calls will be scheduled between West Yost and the City Project Manager, plus others as needed. Throughout the duration of the Project, West Yost will also coordinate various project/contract administration with the City, including preparation of monthly invoices.

EXHIBIT A
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Cristian Ciotau, PE, SE, LEED AP
March 13, 2024

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N-M-C-City of Modesto-LP-2021 Jennings Well Trtmt Design-2024 ESDC LP Task 2 Assumptions
 West Yost will attend up to three (3) project status calls.

Task 2 Deliverables
 West Yost will provide agendas and meeting notes for in-person meetings and conference calls.  West Yost will prepare monthly invoices with a brief description of the activities performed during the invoicing period.

PROJECT BUDGET
West Yost’s proposed level of effort and budget for each of the tasks described above is shown in Table 1.

West Yost will perform the scope of services described above on a time-and-expenses basis, at the billing rates set forth in West Yost’s attached Billing Rate Schedule, with a not-to-exceed budget of $78,700. Any additional services not included in this scope of services will be performed only after receiving written authorization and a corresponding budget augmentation.

Table 1. Estimated Project Hours and Budget
Task
Level of Effort,
hours
Subconsultant
Budget, Dollars
Estimated
Budget, dollars
Task 1. Engineering Services During Construction 124 32,200 70,500 Task 2. Project Management and Meetings 28 - 8,200
Total Project Hours and Budget 152 - $78,700

SCHEDULE
West Yost is prepared to start work upon formal notice to proceed and assumes that the construction period will conclude in December of 2025.

Thank you for providing West Yost the opportunity to be of continued service to the City of Modesto. We look forward to working with you on this important project. Please call if you have any questions or require additional information.

Sincerely,

WEST YOST
Roberto Vera, PE
Principal Engineer / Project Manager
RCE #83500
Attachment A: West Yost Billing Rate Schedule

EXHIBIT A
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POSITIONS

ENGINEERING
Principal/Vice President $362
Engineer/Scientist/Geologist Manager I / II $342 / $358 Principal Engineer/Scientist/Geologist I / II $308 / $328 Senior Engineer/Scientist/Geologist I / II $277 / $292
Associate Engineer/Scientist/Geologist I / II $231 / $248 Engineer/Scientist/Geologist I / II $180 / $209
Engineering Aide $108
Field Monitoring Services $134
Administrative I / II / III / IV $99 / $123 / $148 / $163

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $356 / $358
Principal Tech Specialist I / II $326 / $338
Senior Tech Specialist I / II $299 / $312
Senior GIS Analyst $270
GIS Analyst $256
Technical Specialist I / II / III / IV $191 / $217 / $244 / $272 Technical Analyst I / II $137 / $163
Technical Analyst Intern $110
Cross-Connection Control Specialist I / II / III / IV $143 / $154 / $173 / $193 CAD Manager $215
CAD Designer I / II $167 / $189

CONSTRUCTION MANAGEMENT
Senior Construction Manager $345
Construction Manager I / II / III / IV $205 / $219 / $233 / $295 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $185 / $205 / $228 / $237 Apprentice Inspector $167
CM Administrative I / II $89 / $120
Field Services $237
2024 -2025 Billing Rate Schedule

LABOR CHARGES (DOLLARS PER HOUR)
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice.

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EXHIBIT B
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Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Field Vehicles (Groundwater) $1.02 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Communications Cable $10 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Turbidity Meter (2100Q Portable) $35 / day
Vehicle (Construction Management) $10 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day

BILLING RATES
2024 -2025 Billing Rate Schedule

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EXHIBIT B
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 7, 2024
Date: April 15, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Spencer/Marshall Neighborhood Sewer Improvements Pocket Area 7, Phases 1 & 2
CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider accepting the Spencer/Marshall Neighborhood Sewer Improvements Pocket Area 7, Phases 1 & 2 as complete; approving the annexing of the improvements into Modesto Municipal Sewer District No. 1, and the issuance of a blanket Will Serve Letter. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Spencer/Marshall Neighborhood is an unincorporated disadvantaged community located on the southwest side of the City of Modesto with 114 Parcels that rely on individual septic systems for the treatment of sewage. Septic system failures pose a threat to public health and groundwater quality. The City owns and operates a sanitary sewer system adjacent to the Spencer/Marshall Neighborhood and has the capacity to provide sewer services to this neighborhood.

The Stanislaus County (County) Board of Supervisors approved the prioritization model for the allocation of federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds to provide design support services for the sewer system improvements.

On September 3, 2019, by Resolution No. 2019-398, Council approved an Agreement with the County for City engineering staff to provide engineering design support services during construction of the Spencer/Marshall Neighborhood Sewer Project. The Agreement provides conditions for the County to transfer ownership of sewer improvements upon Notice of Completion filed by the County and upon inspection and approval by the City. The Agreement also required #13..
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City Council, May 7, 2024
Spencer/Marshall Neighborhood Sewer Improvements
Pocket Area 7, Phases 1 & 2

Page 2 of 3 ends

the County Public Works Department to construct the Spencer/Marshall Neighborhood sewer improvements to the City’s standards.

On March 6, 1979, the voters enacted Measure A, the “Citizens’ Advisory Growth Management Act,” which requires the City Council to hold an advisory vote of the citizens of Modesto prior to extending sewer trunk lines to areas outside of the current sewer service area. Measure A allows Modesto’s citizens to voice their opinions on growth before it happens and ensures that City Council members know the public opinion.

On November 4, 1997, the voters enacted Measure M, the “Modesto Citizens' Advisory Growth Management Act of 1995". The purpose of Measure M is to extend the advisory votes required by Measure A to all sewer improvements and to bring the public's voice into decisions concerning whether to allow urban expansion.

On November 2, 2015, Measure H, was presented to voters for an advisory vote on extending sewer services to various unincorporated areas including the Spencer/Marshall Neighborhood.

The voters approved the advisory measure.

On April 22, 2020, the Stanislaus County Local Area Formation Commission approved the Outof-Boundary Sewer Service Application for the Spencer Marshall Neighborhood Sewer Improvements (Pocket Area 7).

In May 2021 and January 2022, the Stanislaus County Public Works Department submitted Notices of Completion to the Stanislaus County Recorder’s Office for Phases 1 & 2, respectively, for the Spencer Marshall Neighborhood Sewer Improvements (Pocket Area 7).

DISCUSSION:

The Spencer/Marshall Neighborhood Sewer Project area is bordered by the Modesto Irrigation District Lateral 5 irrigation canal to the west, South Martin Luther King Jr. Drive to the east, Maze Boulevard to the north, and California Avenue to the south.

Phase 1 & 2 improvements have been completed and are ready to be serviced by the City. Being within an outlying service area, these improvements will be annexed into the Modesto Municipal Sewer District No. 1. To expedite the connection process, staff is requesting that Council approve a blanket Will Serve Letter for the 44 parcels located within Phase 1 & 2 of the Project. Each property owner will be required to enter into an Outside Service Agreement as a condition of signing up to receive City sewer services.

The County is currently applying for grant funds to construct the remaining phases of the Spencer/Marshall Neighborhood Sewer Project which will serve the remaining 70 parcels for a total of 114 parcels in the defined Spencer/Marshal Neighborhood. As additional phases of construction are completed, staff will return to Council to request acceptance of improvements and approval of additional blanket Will Serve Letters.

FISCAL IMPACT:

This project will increase the Wastewater Collection Division’s area of sewer piping and manhole maintenance, as well as provide additional flows for wastewater treatment. The additional operating costs associated with these improvements will be offset through revenue received from #13..
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City Council, May 7, 2024
Spencer/Marshall Neighborhood Sewer Improvements
Pocket Area 7, Phases 1 & 2

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the initial connection fees and monthly service fees as City sewer services are established for the 44 parcels. Based on the current fees schedule and the Agreement between the City and County, estimated revenue is as follows:

Connection Fees $160,168
Annual Revenue $20,940

COMMITTEE RECOMMENDATION
This item was considered by the Economic Development Committee at the April 8, 2024 meeting, where it was recommended that it be forwarded to Council.

CEQA/NEPA REQUIREMENTS:

A Notice of Determination was filed with the Stanislaus County Clerk Recorder’s Office pursuant to Public Resources Code Section 21152, and CEQA Guidelines Section 15075.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Spencer/Marshall Neighborhood Sewer Improvements (Pocket Area 7), Phases 1 & 2 as complete, and annexing the improvements into Modesto Municipal Sewer District No. 1.

Resolution approving a blanket Will Serve Letter for 44 parcels in the Spencer/Marshall Neighborhood, Pocket Area 7, Phases 1 & 2, allowing connection to the City of Modesto’s Sanitary Sewer System, and authorizing the City Manager, or his designee, to execute the Will Serve Letter.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (2)

2. West Modesto Sewer Infrastructure Project Spencer/Marshall Neighborhood Agreement

3. West Modesto Sewer Infrastructure Project Area Map

4. Spencer Marshall Parcels List and Estimated Fees

5. Sewer Service Will Serve Letter
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION ACCEPTING THE SPENCER/MARSHALL NEIGHBORHOOD SEWER IMPROVEMENTS (POCKET AREA 7), PHASES 1 & 2 AS COMPLETE, AND

ANNEXING THE IMPROVEMENTS INTO MODESTO MUNICIPAL SEWER
DISTRICT NO. 1
WHEREAS, on September 3, 2019, by Resolution No. 2019-398, Council approved an Agreement with Stanislaus County for City engineering staff to provide engineering design support services during construction of the West Modesto Sewer Infrastructure Project - Spencer Marshall Neighborhood (Pocket Area 7) Phases 1 & 2, and
WHEREAS, the West Modesto Sewer Infrastructure Project - Spencer Marshall Neighborhood (Pocket Area 7) Phases 1 & 2 is also known as Spencer Marshall Neighborhood Sewer Improvements (Pocket Area 7) Phases 1 & 2, and
WHEREAS, on April 22, 2020, the Stanislaus County Local Area Formation Commission approved the Out-of-Boundary Sewer Service Application for the Spencer Marshall Neighborhood Sewer Improvements (Pocket Area 7), and
WHEREAS, on May 3, 2021, the Stanislaus County Public Works Department submitted a Notice of Completion to the Stanislaus County Recorder’s Office for Phase 1 of the Spencer Marshall Neighborhood Sewer Improvements (Pocket Area 7), and WHEREAS, on January 4, 2022, the Stanislaus County Public Works Department submitted a Notice of Completion to the Stanislaus County Recorder’s Office for Phase 2 of the Spencer Marshall Neighborhood Sewer Improvements Project (Pocket Area 7), and WHEREAS, the City of Modesto received from the Stanislaus County Public Works department final confirmation of completions and obligations and recorded plans pertaining to the Spencer Marshall Neighborhood Sewer Improvements Project (Pocket Area 7) Phases 1 & 2. #13..
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2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Spencer Marshall Neighborhood Sewer Improvements (Pocket Area 7) Phases 1 & 2 are hereby accepted as complete, and the annexing of the improvements into Modesto Municipal Sewer District No. 1 is approved.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

By: ______________________________________
JOSE M. SANCHEZ, City Attorney
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING A BLANKET WILL SERVE LETTER FOR 44

PARCELS IN THE SPENCER/MARSHALL NEIGHBORHOOD, POCKET AREA 7, PHASES 1 & 2, ALLOWING CONNECTION TO THE CITY OF MODESTO’S

SANITARY SEWER SYSTEM, AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE WILL SERVE LETTER
WHEREAS, the Spencer/Marshall Neighborhood (Pocket Area 7, Phases 1 & 2) is an unincorporated, disadvantaged community located on the west side of the City of Modesto with 44 parcels, that rely on septic systems, and WHEREAS, the Spence/Marshall Neighborhood’s septic systems are failing and pose a threat to the public health and ground water quality, and WHEREAS, the City owns and operates a sanitary sewer system adjacent to the Spencer/Marshall Neighborhood and is prepared to provide sewer services to the Spencer/ Marshall Neighborhood, and
WHEREAS, on September 3, 2019, Council, by Resolution No. 2019-398, approved a Memorandum of Agreement with the County for City engineering staff to provide sewer design services for the Spencer/Marshall Neighborhood Sewer Improvement Project, and
WHEREAS, the Agreement requires that the Stanislaus County Public Works Department construct the Spencer/Marshall Neighborhood sewer improvements to City Standards, and
WHEREAS, a Measure H Sewer Advisory Vote was approved to allow City sewer extension in the Spencer/Marshall Neighborhood, and WHEREAS, per the Agreement, the County is to transfer ownership of the sewer improvements upon Notice of Completion filed by the County and upon inspection and approval by the City, and
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2 WHEREAS, the Phases 1 & 2 sewer improvements have been constructed and are ready to be serviced by the City, and
WHEREAS, the property owner will be required to pay connection fees and enter into an Outside Service Agreement for their property.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Blanket Will Serve Letter for 44 Parcels in the Spencer/Marshall Neighborhood, Pocket Area 7, Phases 1 & 2, and allows connection to the City of Modesto’s sanitary sewer system.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Will Serve Letter.
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3 The foregoing documents were introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May 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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WEST MODESTO SEWER INFRASTRUCTURE PROJECT

SPENCER/MARSHALL NEIGHBORHOOD

AGREEMENT
This Agreement (“Agreement”) is entere, intp betwpen City of Modesto (“City”) and Stanislaus County (“County”) as of ‘E12O19 (“Effective Date”). (The City and County are collectively referred to herein as “The Parties”.)

RECITALS
WHEREAS, the Spencer/Marshall Community (County Area 7) is. an unincorporated, disadvantaged community located on the west side side of the City of Modesto with approximately 114, primarily residential, parcels that rely on septic systems for treatment of sewage (“Spencer/Marshall Community”);and WHEREAS, the Spencer/Marshall Community’s septic systems are failing and pose a threat to the public health and ground water; and WHEREAS, City owns and operates a sanitary sewer system adjacent to Spencer/Marshall Community and is willing to provide sewer services to theSpencer/Marshall Community; and WHEREAS, the County will prepare preliminary plans for the construction of a sanitary sewer system for the Spencer/Marshall Community (the “West Modesto — County Area 7 Sewer Infrastructure Project” or the “Project”), which will be connected to the City of Modesto’s sewer system; and
WHEREAS, prior to Project’s construction, the City will review and approve Project plans and specifications; and
WHEREAS, County will submit a grant application to the State Water Resources Control Board (“SWRCB”) for financing through the Clean Water State Revolving Fund and will enter into a “Grant Agreement” for funding necessary to construct Project Improvements (the “Grant”); and
WHEREAS, the terms of the Grant require certain continuing obligations with respect to the Project; and
WHEREAS, this Agreement is contingent upon County’s ability to secure appropriate funding for the construction of this project; and #13..
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WHEREAS, the Parties have agreed that upon completion of the project the County will transfer ownership of the Project to the City and the City will maintain and operate the Project; and
NOW THEREFORE, the parties agree as follows:

AGREEMENT

1. Recitals. The above Recitals and are incorporated hereto as though fully set forth herein.

2. Scope of Work. The Parties agree that the construction of the Project improvements will conform to the plans and specifications approved by the County and the City. County will be the official Construction Manager for this project. However, the Parties will jointly inspect the construction of the Project.

3. City’s Responsibilities. City will inspect the Project during construction for conformance with the plans and specifications and for conformance with City standards. The scope of City’s services consists of:
a. During the design phase, the City will review Project plans, specifications, flow calculation connection fees and other project related materials. The Citywill coordinate plan review process with various relevant City departments and staff. The City shall facilitate Project’s design by ensuring that the proposed City water improvements do not conflict with proposed projectimprovements. If any potential conflicts are identified during plan reviewprocess, the City shall immediately inform the County and assist the County with designing appropriate solution.
b. As necessary, City will supply to the County various information or documentation required for the Grant application.
c. Construction Inspection: City and County shall jointly inspect the construction of project improvements. City’s inspections will focus on theconstruction of the sewer system and associated facilities. d. Upon Project’s completion, on annual basis the City will provide the County with a count of parcels that have connected to the constructed project improvements.

4. County’s Responsibilities. County shall be responsible for all phases of project design. Prior to Project’s construction, the County will allow the City to review improvements plans and related documents. Upon completion of final design, theCounty will advertise the Project, conduct bid opening, award constructioncontract, and manage construction of project improvements. #13..
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5. County’s Costs. County will design and construct the Project at no cost to the City.

6. City’s Costs. County will reimburse City for “Construction Inspection” services described above. The City has estimated the total cost for the above-mentioned services to be $48,966.

7. City Acceptance of the Proiect. Once Project is constructed, County will file a Notice of Completion and submit a copy to the City. Within 60 days of the completion of the final inspection of the Project, City shall accept the County’s transfer of ownership of the Project improvements.

8. Connection Fees. Upon completion of the improvements, County will pre-pay the sewer connection fees for approximately 114 parcels as detailed in Attachment A.

The actual number of parcels serviced by this project is contingent on the Grant amount. The total estimated connection fees for the Project are shown in Attachment A and are estimated to be $408,330. This amount will satisfy all connection fees related to the 114 parcels, including the sewer sub-trunk fee, the Waste Water Capacity Charge (WWCC) and the Outside Service Agreement fee. By entering into this agreement, the City acknowledges that information in the Attachment A has been reviewed to City’s satisfaction and the total estimate shown above is consistent with the latest City requirements and charges. City shall verify information shown in the Attachment A and provide County with any creditsfor non-residential parcels. The actual pre-payment amount for the total connection fees shall be based on the actual numbers of parcels served with sanitary sewer. For the purposes of this agreement, the sewer connection fee rates shall be considered adopted by the City Council and are as shown in the Attachment A.

9. Grant Eligibility. The City certified that sewer service rates for Project’s community are at least 2.0% of the Project’s community median household income.

10. Project Access. The Parties agree to ensure that the SWRCB, the Governor of the State, or any authorized representative of the foregoing, will have safe andsuitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the County’s Obligation under theGrant. The Parties acknowledge that, except for a subset of archeological records, the Project records and locations are public records, including all of the submission accompanying the application, all of the following documents, and all reports,disbursement requests, and supporting documentation submitted under the Grant:
a. The Project improvement plans and specifications, which are the basis for the construction contract to be awarded by the County.
b. Waste Discharge Requirement Order No. R-5-2017-0064. #13..
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11. Project Completion; Initiation of Operation. Upon Completion of Construction of the Project, the City agrees to expeditiously initiate System Operations.

12. Continuous Use of Project: Lease or Disposal of Project. The City agrees that, except as provided in the Grant, it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the State Water Board. Such approval may be conditioned as determined to be appropriate by the State Water Board.

13. As Needed Reports. The Parties agree to expeditiously provide, during the term of Grant, such reports, data, and information as may be reasonably required by the State Water Board, including but not limited to material necessary or appropriate for evaluation of the State Water Pollution Control Revolving Fund Small Community Grant Fund Program or to fulfill any reporting requirements of the federal government.

14. As Needed Records. The Parties agree, during the term of Grant, to establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations.

15. Keeping of Records. The Parties shall maintain separate books, records and other material relative to the Project. The Parties shall also retain such books, records, and other material for themselves and for each contractor or subcontractor who performed work on this project for a minimum of thirty-six (36) years after Project Completion. The Parties shall require that such books, records, and other material be subject at all reasonable times (at a minimum during normal business hours) toinspection, copying, and audit by the SWRCB, the Bureau of State Audits, the Governor, or any authorized representatives of the aforementioned, and shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Parties agree to include a similar right regarding audit, interviews, and records retention in anysubcontract related to the performance of this Grant. The provisions of this sectionshall survive the term of this Agreement.

16. Audit. (a) The SWRCB, at its option, may call for an audit of financial information relative to the Project, where the SWRCB determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the audited Party and at the shared cost of the Parties. The audit shall be in the form required by the #13..
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SWRCB; (b) Audit disallowances will be paid by the responsible party and returned to the SWRCB.

17. Accounting and Auditing Standards. The County and City will maintain separate Project accounts in accordance with generally accepted accounting principles. The City shall comply with “Standards for Audit of Governmental Organizations, Programs, Activities and Functions” promulgated by the U.S. General Accounting Office. (40 CFR § 35.3135, subd. (I).)

18. No Sale, Lease or Private Operation of the Project. The City will not sell or otherwise disposed of, in whole or in part, any portion of the Project to any personwho is not a Governmental Unit during its useful life. The Project will not be leased to any person or entity that is not a Governmental Unit during its useful life. The City will not enter any contract or arrangement or cause or permit any contract or arrangement to be entered (to the extent of its reasonable control) with persons or entities that are not Governmental Units if that contract or arrangement wouldconfer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts. The economic useful life of the Project, commencing at Project Completion, is at least thirty years.

19. Indemnity.
a. Each Party mutually agrees, pursuant to Government Code section 894.5, to indemnify, hold harmless, and defend the other Party, its boards and commissions, officers, agents, employees, and volunteers (collectively, the “indemnified Parties”) in an amount equal to its proportionate share ofliability on a comparative fault basis. This indemnity obligation shall exist with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is any way related to, the performance of services pursuant to this Agreement. This indemnity obligation extends, without limitation, to any injury, death, loss, or damage which occurs in the performance of the Agreement and that is sustained by a third-party, agent, or contractor of a Party. Each Party executing this Agreement certifies that it has adequate selfinsured retention of funds to meet any obligation arising from this Agreement, and it shall continue to maintain such funds throughout theTerm of this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require any Party to indemnify any other Party from any claim arising from the sole negligence or willful misconduct of another Party.

Nothing in this section shall be construed as authorizing an award of attorney fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any #13..
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insurance policies are applicable. Any policy limits shall not act as a limitation upon the amount of indemnification to be provided.
b. At its sole discretion, the indemnified Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the indemnitor of any obligation imposed by this Agreement. The Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. The Parties agree todefend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of each Party. In such cases, the Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs. Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. The provisions of this section shall survive the termination of this Agreement.

20. Amendments. This Agreement may be amended or provisions contained herein may be altered, changed, or amended for the Project only by mutual written agreement signed and approved by the respective approving authorities of City and County. No oral understanding or agreement, not incorporated herein, shall be binding on any of the parties hereto.

21. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, first-class mail, certified or registered mail return receipt requested, or overnight delivery to the addresses set forth below:

Stanislaus County: City of Modesto:

David Leamon, Director William Wong, Director
Department of Public Works Utilities Department
1716 Morgan Road 1010 10th Street, Suite 4500Modesto CA 95358 Modesto, California 95354 All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after the notice has been dispatched. The parties may change their respective address by giving notice ofsuch change to the other party in the manner provided in this Section.

22. Necessary Documents. As may become necessary for the construction and delivery of the Project, through City and County cooperation, the StanislausCounty Director of Public Works and City’s Authorized Representative areauthorized to administer and execute, by mutual written consent, all documents #13..
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necessary to complete the Project, provided that such actions do not exceed the authority of this Agreement.

23. Enforceable Provisions. Should any of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either of the Parties to enter and carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

24. Termination. This Agreement may be terminated only by mutual written agreement signed and approved by the respective approving authorities of City and County.

25. Counterpart. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manaer andattestation by its City Clerk under authority of,Resolution No. oi’1- adopted by the Council of the City of Modesto on the
day of
2019, and County has
authorized the execution of this Agreement in duplicate by the Director of the Department of Public Works under authority of Resolution No. 2019—0485 ,adopted by the Board of Supervisors of Stanislaus County on the 30th day of July ,2019.

CITY OF MODESTO
a municipal corporation
By:
ios9Lopez
CiManager

COUNTY OF STANISLAUS
a political subdivision of the
Terrance Withrow
Chairman of the Board of Supervisors
ATTEST:

ATTEST:

Elizabeth A. King
Clerk of the Board of Supervisors of the
County of Stanislaus, State of California
By:Dep Clerk
David Leamon
Director of Public Works
APPROVED AS TO FORM:

Adam U. Lindgren, City Attorney
Ju M. S
Cit’Attor1icy
APPROVED AS TO FORM:Thomas ,County Counsel
By: 1
Todd Jame
Deputy County Counsel
Stephanie Loi
City Clerk
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ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
Estimated Connection Fees
Acres Sub- Use WWCC OSA Fee No. APN # Address (APN ÷ Dwellings Size Trunk Total Fees Code Fee* $211 1/2RW) Fee 1 030-004-002 113 SpencerAve 0.31 SF 1 4 $200 $2,643 $211 $3,054 2 030-004-003 121 SpencerAve 0.39 Vacant 1 4 $251 $2,643 $211 $3,1053 030-004-004 127 SpencerAve 1.20 Vacant 1 4 $775 $2,643 $211 $3,629 4 030-004-005 207 SpencerAve 1.68 SF 1 4 $1,083 $2,643 $211 $3,937 5 030-004-006 211 SpencerAve 0.19 SF 1 4 $124 $2,643 $211 $2,9786 030-004-007 215 SpencerAve 0.18 SF 1 4 $119 $2,643 $211 $2,973 7 030-004-008 221 SpencerAve 0.19 SF 1 4 $122 $2,643 $211 $2,976 8 030-004-009 227 Spencer Ave 1.39 MS 1 - 6 $895 $2,643 $211 $3,7499 030-004-010 301 SpencerAve 1.01 MS 5 6 $653 $10,755 $211 $11,619 10 030-004-013 323 SpencerAve 0.89 MF 2 6 $575 $4,302 $211 $5,08811 030-004-014 333 SpencerAve 0.87 SF 1 4 $559 $2,643 $211 $3,41312 030-004-015 337 SpencerAve 0.84 MS 1 6 $541 $2,643 $211 $3,39513 030-004-016 311 SpencerAve 0.88 SF 1 4 $569 $2,643 $211 $3,42314 030-004-017 319 SpencerAve 0.89 SF 1 4 $575 $2,643 $211 $3,42915 - 030-005-001 523 — Maze Blvd 1.82 MF 2 6 $1,172 $4,302 $211 $5,685 16 030-005-002 527 — Maze Blvd 0.23 SF 1 4 $148 $2,643 $211 $3,00217 030-005-003 531 — Maze Blvd 1.49 SF 1 - 4 $959 $2,643 $211 $3,81318 030-005-004 539 — MazeBlvd 1.49 SF 1 4 $963 $2,643 $211 $3,81719 030 005 005 541 —Maze Blvd 055 SF 1 4 $355 $2 643 $211 $3 209 20 030-005-006 545 — Maze Blvd 0.55 - SF - 1 4 $356 $2,643 $211 $3,21021 030-005-007 601 - Maze Blvd - 0.22 SF - 1 - 4 $141 - $2,643 $211 $2,99522 030-005-008 606 Maze Blvd 0.36 Vacant 1 4 $229 $2,643 $211 $3,083 23 030-005-009 114 SpencerAve 0.21 SF 1 4 $138 $2,643 $211 $2,99224 030-005-010 118 SpencerAve 0.22 SF 1 4 $141 $2,643 $211 $2,995 25 030-005-011 128 SpencerAve 0.95 SF 1 4 $610 $2,643 $211 $3,46426 030-005-012 204 SpencerAve 0.94 SF 1 - 4 $603 $2,643 $211 $3,45727 030-005-013 214 Spencer Ave - 0.50 SF 1 4 $321 $2,643 $211 $3,17528 030-005-014 220 Spencer Ave 0.47 SF - 1 -- 4 $304 $2,643 $211 $3,15829 030-005-015 226 SpencerAve 1.02 SF 1 4 $658 $2,643 $211 $3,51230 030-005-016 230 SpencerAve 3.80 MS 3 6 $2,448 $6,453 $211 $9,11231 030-005-017 304 SpencerAve 0.21 SF 1 4 $134 $2,643 $211 $2,98832 030-005-018 320 Spencer Ave 1.34 MS 1 6 $866 $2,643 $211 $3,720 33 030-005-020 611 Truman Ave 0.21 SF - 1 - 4 $138 -- $2,643 $211 $2,99234 030-005-021 617 Truman Ave - 0.45 SF 1 4 $291 $2,643 $211 $3,14535 030-005-022 326 SpencerAve 0.23 SF 1 4 $150 $2,643 $211 $3,00436 030-005-023 330 SpencerAve 0.32 SF 1 4 $205 $2,643 $211 $3,05937 030-005-024 603 Truman Ave 0.21 SF 1 4 $137 $2,643 $211 $2,991 38 030-005-026 533 Truman Ave 2.24 MS 1 6 $1,445 $2,643 $211 $4,29939 030-008-003 41S SpencerAve 1.53 MS 2 6 $987 $4,302 $211 $5,500 1 of 3
#13..
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ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
Estimated Connection Fees
Acres Sub- Use WXAJCC OSA Fee No. APN Address (APN + Dwellings Size Trunk Total Fees — 1/2 RW) Code Fee Fee* $211

0.16 1.02
4041424344
45 46474849
50 515253545556575859
60616263
646566
67 68
69 70
7172
73 7475
7677
030-008-004030-008-005030-008-006030-008-015030-008-016 030-009-002030-009-003030-009-004030-009-005030-009-006 030-009-007
030-009-008030-009-009030-009-010030-009-011030-009-012030-009-013030-009-014030-009-015030-009-017 030-009-018030-009-019
030-009-020
030-009-021
030-009-022
030-009-023
030-009-024030-009-025
030-009-026
030-009-027030-009-028030-009-030030-009-031
030-009-032030-009-033030-009-034
030-009-035030-009-036
417
503511
409405
404408416
500504508
512516600604
608612616529617613
609
605601
517513509505
501
417
413401400404408412
418500
Spencer Ave SF 1
Spencer Ave - MS 4
Spencer Ave 1.01 MS 2SpencerAve 0.30 SF 1Spencer Ave 1.24 SF 1 Marshall Ave 0.30 SF 1
Marshall Ave 0.59 SF 1Marshall Ave 0.34 SF 1 -Marshall Ave 0.34 SF 1 Marshall Ave 0.33 SF 1
Marshall Ave 0.32 SF 1
Marshall Ave 0.32 SF IMarshall Ave 0.44 SF I
Marshall Ave 0.33 SF 1
Marshall Ave 0.34 SF 1Marshall Ave 0.34 SF 1Marshall Ave 0.33 SF 1Marshall Ave 0.35 SF 1 California Ave 1.69 Church 2
Marshall Ave 0.33 SF 1Marshall Ave 0.31 MS 3
Marshall Ave 0.31 SF 1Marshall Ave 0.31 SF 1Marshall Ave 0.31 SF 1Marshall Ave 0.32 SF 1Marshall Ave 0.40 MS 2 Marshall Ave 0.31 SF 1
Marshall Ave - 0.31 SF 1
Marshall Ave 0.32 MS 1Marshall Ave 0.29 SF 1
Marshall Ave 0.28 SF 1
Marshall Ave 0.41 SF 1
Spencer Ave 0.40 SF 1Spencer Ave 0.28 SF 1Spencer Ave 0.28 MS 1 Spencer Ave 0.28 MS 1
Spencer Ave 0.29 MS 2Spencer Ave 0.38 SF 1
46 6
44 444
444
4444
4 44
64644
44 644
6 444
4 4
66 6
$105
$655$654$191$798
$190$381$220
$220$210$209
$209$286$216$216
$216$216$224
$1,089
$213$203
$203
$203$203
$208$259$197$197
$206$190$178$266$257$178$178$178
$190$244
$2,643$8,604$4,302
$2,643$2,643
$2,643$2,643$2,643
$2,643$2,643$2,643$2,643$2,643$2,643$2,643$2,643
$2,643$2,643$4,302$2,643$6,453$2,643$2,643
$2,643
$2,643$4,302$2,643
$2,643
$2,643
$2,643 - $2,643$2,643$2,643$2,643$2,643$2,643
$4,302$2,643
$211$211$211$211$211
$211
$211$211$211$211$211$211$211
$211$211
$211$211$211$211$211
$211$211$211$211
$211$211$211
$211 - $211$211$211$211$211
$211$211$211
$211$211
$2,959$9,470$5,167
$3,045 - $3,652
$3,044
$3,235$3,074
$3,074$3,064$3,063$3,063$3,140
$3,070
$3,070$3,070
$3,070
$3,078$5,602$3,067$6,867$3,057$3,057
$3,057$3,062$4,772$3,051$3,051$3,060$3,044
$3,032
$3,120$3,111
$3,032
$3,032$3,032
$4,703$3,098
2 of 3
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ATTACHMENT A
West Modesto Sewer
Spencer/Matshall Ave Community (County Area 7) Project
Estimated Connection Fees
Acres Sub- Use WWCC OSA Fee No. APN # Address (APN + Dwellings Size Trunk Total Fees — Code Fee* $211 1/2RW) Fee 78 030-009-037 504 SpencerAve 0.29 SF 1 4 $188 $2,643 $211 $3,042 79 030-009-038 508 SpencerAve 0.29 SF 1 4 $188 $2,643 $211 $3,042 80 030-009-039 512 SpencerAve 0.29 SF 1 4 $188 $2,643 $211 $3,042 81 030-009-040 516 SpencerAve 0.41 SF 1 4 $262 $2,643 $211 $3,11682 030-009-041 600 SpencerAve 0.32 SF 1 4 $203 $2,643 $211 $3,05783 030-009-042 604 SpencerAve 0.31 SF 1 4 $203 $2,643 $211 $3,057 84 030-009-043 608 SpencerAve 0.31 SF 1 4 $203 $2,643 $211 $3,05785 030-009-044 612 SpencerAve 0.31 SF 1 4 $203 $2,643 $211 $3,057 86 030-009-045 616 SpencerAve 0.33 SF 1 4 $213 $2,643 $211 $3,067 87 030-009.046 700 SpencerAve 0.39 SF 1 4 $254 $2,643 $211 $3,108 88 030-009-047 704 SpencerAve 0.39 SF 1 4 $254 $2,643 $211 $3,10889 030-009-048 712 SpencerAve 0.39 SF 1 4 $254 $2,643 $211 $3,108 90 030-009-049 716 SpencerAve 0.56 SF 1 4 $361 $2,643 $211 $3,215 91 030-009-052 701 Marshall Ave 0.36 SF 1 4 $234 $2,643 $211 — $3,088 92 030-009-053 705 MarshallAve 0.36 SF 1 4 $234 $2,643 $211 $3,08893 030-009.054 607 CaliforniaAve 0.50 — SF 1 4 $325 $2,643 $211 $3,179 94 030-009-055 713 Marshall Ave 0.36 SF 1 4 $231 $2,643 $211 $3,085 95 030-009-056 409 Marshall Ave 0.28 SF 1 4 $178 $2,643 $211 $3,03296 030 009 057 405 Marshall Ave 028 SF 1 4 $178 $2643 $211 $3032 97 030-009-058 - 400W Marshall Ave 0.43 SF 1 4 $275 $2,643 $211 $3,12998 030-010-005 420 Spruce Street 0.20 SF 1 4 $132 $2,643 $211 $2,98699 030-010-006 422 Spruce Street 0.18 SF 1 4 $119 $2,643 $211 $2,973 100 030-010-007 426 Spruce Street 0.28 MS 2 6 $180 $4,302 $211 $4,693 101 030-010-008 428 Spruce Street 0.21 SF 1 4 $132 $2,643 $211 $2,986 102 030-010-009 430 Spruce Street 0.28 MS 3 6 $180 $6,453 $211 $6,844 103 030-010-013 433 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $2,960104 030-010-014 431 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $2,960 105 030-010-015 429 Spruce Street 0.16 SF 1 4 $106 $2,643 $211 $2,960106 030-010-016 427 Spruce Street 0.15 SF 1 - 4 $99 $2,643 $211 $2,953 107 030-010-017 425 Spruce Street 0.18 SF 1 4 $118 $2,643 $211 $2,972 108 030-010-018 423 Spruce Street 0.20 MF 4 6 $126 $8,604 $211 $8,941 109 030-010-019 413 Spruce Street 0.16 SF 1 4 $105 $2,643 $211 $2,959 110 030-010-021 401 Spruce Street 0.20 SF 1 4 $129 $2,643 $211 $2,983111 030-010-022 505 SMartinLutherKinDr 0.33 SF 1 4 $214 $2,643 $211 $3,068112 030-010-033 409 Spruce Street 0.17 SF 1 4 $107 $2,643 $211 $2,961 113 030-010-034 411 Spruce Street 0.17 SF 1 4 $107 $2,643 $211 $2,961114 030-010-036 414 Spruce Street 0.23 SF 1 4 $146 $2,643 $211 $3,000

59.28 138 114 $38,238 $346,038 $24,054 $408,330
*WWCC fee rate for Single Family (SF) = $2,643 4-inch service: 93 Assuming one service per APN, Sub-Trunk *WWCC fee rate for Multi Family (MF) = $2,151 6-inch service: 21 Fee was calculated using $645/Acre. 3 of 3
#13..
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Spencer-Marshall Phases 1&2 Sewer Project Area
Fb2024
14800
#13..

Spencer/Marshall Neighborhood (County Area 7) Sewer Project Phases 1 & 2 Sewer Services to Parcels list
Estimated Connection Fees1
No. APN # Address
Acres
(APN+1/2
ROW)
Use
Code Dwellings Size Sub-Trunk Fee WWCC Fee* OSA Fee $255 Total Fees Monthly Sewer Rates 1 030-005-021 617 Truman Ave 0.45 SF 1 4 $290 $2,643 $255 $3,188 $ 39.65 2 030-005-023 330 Spencer Ave 0.32 SF 1 4 $206 $2,643 $255 $3,104 $ 39.65 3 030-008-003 415 Spencer Ave 1.53 MS 2 6 $987 $4,302 $255 $5,544 $ 39.65 4 030-008-004 417 Spencer Ave 0.16 SF 1 4 $103 $2,643 $255 $3,001 $ 39.65 5 030-008-005 503 Spencer Ave 1.02 MS 4 6 $658 $8,604 $255 $9,517 $ 39.65 6 030-008-006 511 Spencer Ave 1.01 MS 2 6 $651 $4,302 $255 $5,208 $ 39.65 7 030-008-015 409 Spencer Ave 0.30 SF 1 4 $194 $2,643 $255 $3,092 $ 39.65 8 030-008-016 405 Spencer Ave 1.24 SF 1 4 $800 $2,643 $255 $3,698 $ 39.65 9 030-009-031 400 Spencer Ave 0.40 SF 1 4 $258 $2,643 $255 $3,156 $ 39.65 10 030-009-032 404 Spencer Ave 0.28 SF 1 4 $181 $2,643 $255 $3,079 $ 39.65 11 030-009-033 408 Spencer Ave 0.28 MS 1 6 $181 $2,643 $255 $3,079 $ 39.65 12 030-009-034 412 Spencer Ave 0.28 MS 1 6 $181 $2,643 $255 $3,079 $ 39.65 13 030-009-035 418 Spencer Ave 0.29 MS 2 6 $187 $4,302 $255 $4,744 $ 39.65 14 030-009-036 500 Spencer Ave 0.38 SF 1 4 $245 $2,643 $255 $3,143 $ 39.65 15 030-009-037 504 Spencer Ave 0.29 SF 1 4 $187 $2,643 $255 $3,085 $ 39.65 16 030-009-038 508 Spencer Ave 0.29 SF 1 4 $187 $2,643 $255 $3,085 $ 39.65 17 030-009-039 512 Spencer Ave 0.29 SF 1 4 $187 $2,643 $255 $3,085 $ 39.65 18 030-009-040 516 Spencer Ave 0.41 SF 1 4 $264 $2,643 $255 $3,162 $ 39.65 19 030-009-041 600 Spencer Ave 0.32 SF 1 4 $206 $2,643 $255 $3,104 $ 39.65 20 030-009-042 604 Spencer Ave 0.31 SF 1 4 $200 $2,643 $255 $3,098 $ 39.65 21 030-009-043 608 Spencer Ave 0.31 SF 1 4 $200 $2,643 $255 $3,098 $ 39.65 22 030-009-044 612 Spencer Ave 0.31 SF 1 4 $200 $2,643 $255 $3,098 $ 39.65 23 030-009-045 616 Spencer Ave 0.33 SF 1 4 $213 $2,643 $255 $3,111 $ 39.65 24 030-009-046 700 Spencer Ave 0.39 SF 1 4 $252 $2,643 $255 $3,150 $ 39.65 25 030-009-047 704 Spencer Ave 0.39 SF 1 4 $252 $2,643 $255 $3,150 $ 39.65 26 030-009-048 712 Spencer Ave 0.39 SF 1 4 $252 $2,643 $255 $3,150 $ 39.65 27 030-009-049 716 Spencer Ave 0.56 SF 1 4 $361 $2,643 $255 $3,259 $ 39.65 28 030-010-005 420 Spruce Atreet 0.20 SF 1 4 $129 $2,643 $255 $3,027 $ 39.65 29 030-010-006 422 Spruce Atreet 0.18 SF 1 4 $116 $2,643 $255 $3,014 $ 39.65 30 030-010-007 426 Spruce Atreet 0.28 MS 2 6 $181 $4,302 $255 $4,738 $ 39.65 31 030-010-008 428 Spruce Atreet 0.21 SF 1 4 $135 $2,643 $255 $3,033 $ 39.65 32 030-010-009 430 Spruce Atreet 0.28 MS 3 6 $181 $6,453 $255 $6,889 $ 39.65 33 030-010-013 433 Spruce Atreet 0.16 SF 1 4 $103 $2,643 $255 $3,001 $ 39.65 34 030-010-014 431 Spruce Atreet 0.16 SF 1 4 $103 $2,643 $255 $3,001 $ 39.65 35 030-010-015 429 Spruce Atreet 0.16 SF 1 4 $103 $2,643 $255 $3,001 $ 39.65 36 030-010-016 427 Spruce Atreet 0.15 SF 1 4 $97 $2,643 $255 $2,995 $ 39.65 37 030-010-017 425 Spruce Atreet 0.18 SF 1 4 $116 $2,643 $255 $3,014 $ 39.65 38 030-010-018 423 Spruce Atreet 0.20 MF 4 6 $129 $8,604 $255 $8,988 $ 39.65 39 030-010-019 413 Spruce Atreet 0.16 SF 1 4 $103 $2,643 $255 $3,001 $ 39.65 40 030-010-021 401 Spruce Atreet 0.20 SF 1 4 $129 $2,643 $255 $3,027 $ 39.65 41 030-010-033 409 Spruce Atreet 0.17 SF 1 4 $110 $2,643 $255 $3,008 $ 39.65 42 030-010-034 411 Spruce Atreet 0.17 SF 1 4 $110 $2,643 $255 $3,008 $ 39.65 43 030-010-036 414 Spruce Atreet 0.23 SF 1 4 $148 $2,643 $255 $3,046 $ 39.65 44 030-010-022 505 S Martin Luther King Dr 0.33 SF 1 4 $213 $2,643 $255 $3,111 $ 39.65 44 15.95 56 194 $10,288 $138,660 $11,220 $160,168 $1,745 35 9
1 Fees are an estimate based on current fees structure and City/County Agreement Assuming one service per APN, Sub-Trunk Fee was
calculated using $645/Acre.
*WWCC fee rate for Single Family (SF) = $2,643
*WWCC fee rate for Multi Family (MF) = $2,151
4-inch service:
6-inch service:
#13..
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Engineering Services
Department
Land Development Engineering
P.O. Box 642
Modesto, California 95354
209.342.4712
Modestogov.com Month Day, 2024
Ms. Angela Freitas, Director
Stanislaus County Planning
1010 10th Street, Suite 3400
Modesto, CA 95354
Subject: Sewer Service Will Serve Letter
Spencer/Marshall Neighborhood, County Pocket Area 7, Phases 1 & 2 Dear Ms. Freitas:

On Month Day, 2024, pursuant to Modesto City Council Resolution No. 2024-XXX the City of Modesto accepted the Spencer/Marshall Neighborhood Sewer Improvements - Pocket Area 7, Phases1 & 2 (Spencer/Marshall Neighborhood) as complete. The identified 44 parcels located in Stanislaus County will be allowed to make sewer connections to the newly installed sewer system to accommodate existing development, once all terms and conditions are met, as described below.

Pursuant to Government Code Section 56133 and LAFCO’s adopted rules and procedures for the review of out-of-boundary service extensions, the City’s request to extend sewer service to the Spencer/Marshall Neighborhood was approved by LAFCO on April 22, 2020. LAFCO’s outof-boundary sewer service approval covers the area generally bordered by Maze Boulevard (north), California Avenue (south), MID Lateral No. 5 (west), Helen White Trail (east), and including Spruce Street from Helen White Trail to South Martin Luther King Drive. County Pocket Area 7, Phases 1 & 2 covers the area generally bordered by Truman Avenue (north), California Avenue (south), MID Lateral No. 5 and Spencer Avenue (west), and including Spruce Street from Helen White Trail to South Martin Luther King Drive and is based on the following:

1. The property is located within primary area of the City of Modesto’s Sphere of Influence.

2. The Stanislaus County Public Works Department installed sewer infrastructure to 44 parcels (see attached list of addresses) in the Spencer/Marshall Neighborhood and individual laterals to each of the 44 parcels to connect those properties to the City of Modesto’s sewer system.
#13..
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3. Consistent with adopted LAFCO Policy 15, the extension of sewer service is proposed to remedy a health and safety concern in an area with failing septic system (Stanislaus County Planning and Community and Economic Development Department Resolution 2013-134)

4. The installation of the sewer service lines will upgrade the infrastructure in an unincorporated area, disadvantaged community and facilitate a later annexation.

5. The City of Modesto can and is willing to provide domestic sewer to the subject area.

The following items are specific LAFCO conditions:

6. This approval allows for the extension of sewer service to accommodate existing and future uses within the Spencer/Marshall Neighborhood only, as delineated on the attached map.

7. The City shall not allow additional sewer service connections outside the City limits and beyond the delineated Spencer/Marshall Neighborhood or any other area previously approved by LAFCO without first requesting and securing approval from the Commission.

8. Prior to the provision of sewer services, the landowner(s) shall record an agreement consenting to annex the property to the City of Modesto, and a copy of the agreement shall be forwarded to the LAFCO office.

In addition to the above requirements, the following items are City specific conditions:

9. Applicant will need to provide a copy of the Grant Deed for the property for the preparation of the outside service agreement.

10. Sewer demand requirements will not exceed what is considered normal for domestic and commercial sewage.

11. Design of the sewer connecting facilities shall be per City standards and all costs associated with its design, installation, and permits shall be borne by the property owner. #13..
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If you have any questions, please contact Eva Dankha-Kelly at (209) 571-5120.

Recommended by: ___________________________________
Eva Dankha-Kelly, Associate Engineer
Sincerely,
Joe Lopez
City Manager
Attachments:

1. List of Parcels

2. Map
cc: William Wong – Director of Utilities
Jim Alves – Utilities/Engineering
Robert Englent – Utilities/Wastewater
Duane Becker – Utilities/Wastewater
Kerrie Freeman – Stanislaus County/Public Works
#13..
- 597 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 7, 2024
Date: April 8, 2024
TO: City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: First Amendment to Agreement with Trihydro Corporation Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study Project CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider approving a First Amendment to the Consultant Services Agreement with Trihydro Corporation, of Laramie, WY for the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study in the amount of $26,172 for an Agreement total revised amount not to exceed $2,162,570. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

Nitrate, Arsenic, and Uranium contamination has led to Operations Staff having to inactivate, abandon, and destroy potable water supply wells, and continues to threaten others. To help assure the long-term resilience of the City’s groundwater supplies, Utilities Engineering Staff has been actively exploring the implementation of groundwater recharge projects.

On June 12, 2018, by Resolution No. 2018-231, Council accepted a preliminary award, and authorized entering into a funding agreement with the State Water Resources Control Board through the Proposition 1 Groundwater Planning Grant Program to fund the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study Project.

On June 12, 2018, by Resolution No. 2018-232, Council approved an Agreement with Jacobson James & Associates, of Roseville, CA for the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study in the amount of $2,136,398.

On June 1, 2021, Trihydro Corporation acquired Jacobson James & Associates. #14..
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City Council Meeting, May 7, 2024
First Amendment to Agreement Trihydro Corporation
Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study Project

Page 2 of 3 ends

Modesto City CouncilMay 7, 2024

Modesto City Council
May 7, 2024