Agenda packet — Modesto City Council, June 11, 2024 (part 5 of 6)

The agreement with Mansfield, Lierly & Associates is set to expire on July 12, 2024.

DISCUSSION:

On September 22, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for Polygraph Examination Services. On, November 17, 2023, the Purchasing Division issued Invitation for Bids (IFB) 2324-33 for Polygraph Examination Services on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Ten (10) companies downloaded the IFB document from PlanetBids.

On December 19, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Three (3) vendors chose to respond, there were no local bids received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the Polygraph Examination Services to Assurance Polygraph LLC, Castro Valley, CA for a two-year agreement with (3) one-year extension options, for an estimated annual amount of $96,250, plus up to $57,010 for contingency, if needed, for a total amount not to exceed of $538,260 over five years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203, City staff recommends the award of bid for Polygraph Services to Assurance Polygraph, LLC, Castro Valley, CA.

FISCAL IMPACT:

Historical Annual Spending for Polygraph Examination Services on Mansfield, Lierly and Associates Agreement #196687
 FY 21/22 - $43,885
 FY 22/23 - $71,020
 FY 23/24 YTD - $72,860
The Agreement with Assurance Polygraph, LLC is anticipated to include 250 polygraph examinations annually for a total annual cost of $96,250 and a total five-year cost of $481,250.

The Police Department has been processing a higher volume of candidates resulting in sending an increased number of candidates through the polygraph phase of hiring to fill Department vacancies. To account for any additional position allocations during the course of the contract, the Department will account for up to 10 additional polygraphs in years 3, 4 and 5 for a total of 30 additional polygraphs over the course of the agreement. Additionally, to account for any potential Consumer Price Index (CPI) cost increases, the Department will account for up to 5% tied to the Western Region CPI in years 3, 4 and 5. This will bring the total of this contract to an amount not to exceed $538,260 over five years.

Funds for polygraph examination services are budgeted in the current fiscal year and next fiscal year Police Department Operating Budget as follows: 0100-19420-53300 (General Fund, MPD.

Records and Support, Professional Services). Funds are budgeted in this account each fiscal year for polygraph examination services.
1 68068 – Polygraph Equipment and Supplies, 96100 – Miscellaneous Services, No 1 (Not Otherwise Classified), 96200 – Miscellaneous Services, No 2 (Not Otherwise Classified), 99070 – Polygraph Testing Services. #16..
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City Council, June 11, 2024
Polygraph Examination Services Agreement

Page 3 of 3 ends

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on May 20, 2024, and the committee recommended forwarding this item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Bid and Agreement for Polygraph Examination Services to Assurance Polygraph, LLC, Castro Valley, CA, for a two (2) year Agreement with three (3) oneyear extension options, for an annual estimated amount of $96,250, plus up to $57,010 for contingency, if needed, for an Agreement total amount not to exceed $538,260 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement

3. Exhibit B- IFB 2324-33 – Assurance Polygraph, LLC

4. Exhibit C -IFB 2324-33 – Polygraph Examination Services

5. Cost Abstract
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-?

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR

POLYGRAPH EXAMINATION SERVICES TO ASSURANCE POLYGRAPH,
LLC, CASTRO VALLEY, CA, FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL
ESTIMATED AMOUNT OF $96,260, PLUS UP TO $57,010 FOR

CONTINGENCY, IF NEEDED, FOR AN AGREEMENT TOTAL AMOUNT NOT TO EXCEED $538,260 OVER FIVE (5) YEARS; AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the Modesto Police Department utilizes polygraph services as part of its extensive recruitment process; and
WHEREAS, the hiring process for both sworn and non-sworn employees is a long and extensive process of which the polygraph exam vital; and WHEREAS, on September 22, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for Polygraph Examination Services; and WHEREAS, on November 17, 2023, the Purchasing Division issued invitation for Bids, IFB 2324-33; and
WHEREAS, ten (10) companies chose to download the RFP document; and WHEREAS, on December 19, 2023, proposals were formally opened by the City Clerk and broadcast via Microsoft Team Livestream, three (3) vendors chose to respond, there were no local bids; and
WHEREAS, based on providing lowest responsive and responsible bid, the City staff recommended to award of proposal for polygraph services to Assurance Polygraph LLC, Castro Valley, CA for a two year agreement with three one-year extension options; and
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2 WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to follow the formal bid procedures, and based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203, City staff recommends the award of bid for polygraph examination services to Assurance Polygraph, LLC, Castro Valley, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto approves an agreement with Assurance Polygraph, LLC for polygraph services for a two (2) year agreement with three (3) one-year extension options, for an annual estimated amount of $96,260, plus up to $57,010 for contingency, if needed, for an agreement total amount not to exceed $538,260 over five (5) years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Agreement, 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 11th day of June, 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
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3 (SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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1 ANNUAL AGREEMENT # 270630 – POLYGRAPH EXAMINATION SERVICES This agreement, hereinafter called AGREEMENT, made, and entered into in The City of Modesto, State of California, this ____ day of ____________________ , 2024, by and between The City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Assurance Polygraph LLC, a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-_____ authorizing the Award of Bid and agreement for POLYGRAPH EXAMINATION SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the POLYGRAPH EXAMINATION SERVICES as described in IFB 2324-33 attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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2 NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, travel expenses, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $96,250. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $538,260. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Description Unit Unit Price
Polygraph Examination EA $ 385
*Any No-Show or Cancellation with less than 24 hours’ notice will be subject to charge at unit price above.

Description Unit Unit Price
Daily Per-Diem Daily $1,200
Description Unit Unit Price
Court Testimony or other
administration hearing support Daily $1,200
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3 2. CITY REPRESENTATIVE:

CITY Representative: Jessica Smart, Modesto Police Department, Police Administrator, (209) 572-9518, [email protected]
Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Contractor Contact: Jada Dessaure, Assurance Polygraph, Owner, (510) 660-3150, [email protected]

4. TERM OF AGREEMENT:

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

Year 1: July 13, 2024, through July 12, 2025
Year 2: July 13, 2025, through July 12, 2026
Year 3: July 13, 2026, through July 12, 2027
Year 4: July 13, 2027, through July 12, 2028
Year 5: July 13, 2028, through July 12, 2029
Pricing as set forth in Section 1.d. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years three through five, shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
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4 5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. c. Professional Liability - insurance with a minimum limit of $1,000,000 per claim and $200,000,000 policy aggregate. If coverage is on a claim 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 CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the #16..
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5 CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
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6  This AGREEMENT number: 270630
 CITY department/division name and address.
 Billing period.
 Service hours worked day and week.
 Candidate name, Unit price, extended price, sales tax and total.

7. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws, provisions, or principles.

9. ATTORNEYS’ FEES:

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable #16..
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7 attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement:
a. Resolution No.2024-_______
b. CONTRACTOR Bid submittal.
c. IFB No. 2324-33

11. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice.

Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. #16..
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8 b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated.
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered.
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY. f. Complete performance of such part of the SERVICES as has not been terminated. g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES.
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
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9 CITY will pay CONTRACTOR for SERVICES completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials. b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

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

13. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
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10 Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

14. ASSIGNMENT OF RIGHTS:

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

15. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

17. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week #16..
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11 following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Assurance Polygraph LLC
Jada Dessaure - Owner
3666 Seven Hills Road,
Castro Valley, CA 94546
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.

20. 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.

21. 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.

22. NON-DISCRIMINATION:
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12 a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, #16..
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13 accounts, other sources of information and its facilities as said Department or CITY shall require ascertaining compliance with this AGREEMENT.

By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

24. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

25. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under #16..
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14 the terms and conditions set forth herein.

26. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

27. DRUG FREE WORKPLACE:

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

28. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

29. 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.

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:
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15 Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

33. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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16 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024- _________ adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and Assurance Polygraph LLC has caused this Agreement to be duly executed. #16..
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ŜŜŪŘÍĲèôϙĺīƅČŘÍŕēϙ
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-33
FOR

POLYGRAPH EXAMINATION SERVICE
BID OPENING: December 19, 2023, at 11:00 A.M.

CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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15 BID SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:

COMPLETE BID ELEMENTS
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Support of Local Vendors
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List
Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #16..
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POLYGRAPH EXAMINATION

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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill The City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”). This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated, and submitted with the Bid response. Obligations assumed by such signature will include the following:

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

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

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

4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, The City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by The City at any time within 45 days of opening, unless otherwise specified in the IFB.

A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents, and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.
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17 6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.

7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after coming due to Bidder or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information: • 16-digit credit card number • Expiration date • Security code • Total dollar amount of invoices to be paid. • Invoices reference numbers and corresponding amounts ePay results in small percentage rebate of 1.0% to The City through the card issuer. That rebate amount will be considered by The City in its evaluation of Bidder’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
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POLYGRAPH EXAMINATION

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18 (b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

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

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.

11. Two “Inked” Signed Original Bids Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto, and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:

Assurance Polygraph LLC
20200 Redwood Road, Unit 9, Castro Valley, CA 94546
Castro Valley, CA 94546
Owner/Polygraph Examiner December 9, 2023
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POLYGRAPH EXAMINATION

SERVICES
19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

Assurance Polygraph LLC
DBA Assurance Polygraph LLC
X California
20200 Redwood Road, Unit 9
Castro Valley, CA 94546
Assurancepolygraph.com
Jada Dessaure
Owner
510-660-3150
510-660-3150
3666 Seven Hills Road,
Castro Valley, CA 94546 N/A
[email protected]
83-1678680
January 2020 to Present
None
Jada Dessaure, CEO/OWNER
Sole Proprietor
**No other Officers
X California
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POLYGRAPH EXAMINATION

SERVICES
20 K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until any
contract begins):

N/A
20200 Redwood Road, Unit 9,
Castro Valley, CA 94546
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POLYGRAPH EXAMINATION

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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

Description Estimated
Annual QTY
Unit Unit Price Extended Unit Price
Polygraph Examination 250 EA $________ $96,250 __
___
_________ Description Unit Unit Price
Daily Per-Diem Daily $ 1200.00_________ Description Unit Unit Price Court Testimony or other
administration hearing support Daily $________________
Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

Choose One: • Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing:
___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: _____________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
385.00
1200.00
Assurance Polygraph LLC
Jada Dessaure
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POLYGRAPH EXAMINATION

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22 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications, or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response. Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:

Any no-show or cancellation with less than 24 hours notice will be 1 21 subject to the charge at the quoted rate Polygraph exam rate
Assurance Polygraph LLC
Jada Dessaure
2 33 G The examiners at this agency do not wish to provide investigative exams . 3 Subcontractor 2, a polygraph examiner, falls short of the experience threshold specified in this bid. To address this, she will serve as an intern, with her reports and products undergoing thorough review and quality control by either Key Personnel 1 or Subcontractor 1. Both individuals possess the requisite direct experience in delivering the services outlined in this Invitation for Bid (IFB).
32 Bid Form L
4 21 Bid quote rate for years 1and 2. Option to request increase during optional extension years.3, 4, and 5
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POLYGRAPH EXAMINATION

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23 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
San Mateo County Sheriff's Office
Scott Miller
Sheriff's Office
Bay Area Rapid Transit Police Department
Sergeant Joshua Perez
Police Department

400 County Center
Redwood City, CA 94063
650-363-1907
[email protected]
101 8th Street
Oakland, CA 94607
September 1, 2020
December 14, 2021
510-464-7030
[email protected]
37,500
45,000
Or Nicole Mejia
[email protected]
or 650.363.4052
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POLYGRAPH EXAMINATION

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24 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
San Mateo County Public Safety Communications
Office of Public Safety Communications
Burlingame Police Department
Atherton Police Department
December 2021 to Present
501 Winslow Street, 2nd Floor, PSC 100
Redwood City, CA 94063
Mr. Jeffrey Collins
15,000
no contract. As requested services up to $2100 per year no contract. As requested services up to $2100 per year Started in January 2021
Police Department
Ms. Jennifer Frew
[email protected]
650-752-0503
80 Fair Oaks Lane
Atherton, CA 94027
Captain Robert Boll
Burlingame, CA 94020
1111 Trousdale Drive
[email protected]
650-777-4177
Police Department
March 2022
650-363-4694
[email protected]
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POLYGRAPH EXAMINATION

SERVICES
25 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract, or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct, and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
26 Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:

Assurance Polygraph LLC
Jada Dessaure
Jada, Dessaure
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POLYGRAPH EXAMINATION

SERVICES
27 BID FORM G – SUPPORT OF LOCAL VENDORS
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

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

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

Check here:

I declare I am a local business per the above criteria.

Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

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

Print/Type Name:

Title:

Signature:

Date:

N/A
Jada Dessaure

CEO/OWNER
December 12, 2023
N/A
N/A
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POLYGRAPH EXAMINATION

SERVICES
28 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:

Assurance Polygraph LLC
Established on January 25, 2020, in San Jose, CA, Assurance Polygraph LLC was founded by Jada Dessaure.

Since its inception, the company has garnered a stellar reputation as a prominent polygraph examiner and provider in the Bay Area. Assurance Polygraph has demonstrated success in various domains, including collaborations with law enforcement agencies, handling private party matters, and navigating Criminal or Therapeutic environments. The company works closely with therapists, attorneys, and their clients, solidifying its position as a trusted entity in the industry. We expanded our operations by opening an office in Castro Valley, CA, the location of our current headquarters.

The principal examiner at Assurance Polygraph LLC, Jada Dessaure, underwent formal training at the Marston Polygraph Academy, an accredited polygraph program, in 2017. Following graduation, she proactively joined three polygraph associations to ensure ongoing professional development and adherence to evolving testing practices. Her dedication led to certification as a CAPE (California Association of Polygraph Examiners) certified examiner, surpassing the continuing education requirements of all relevant polygraph associations.

In pursuit of excellence, she engaged in a mentorship under a seasoned polygraph examiner, focusing on refining accuracy and efficiency. Notably, she played a pivotal role in establishing the inaugural polygraph unit for the Santa Clara County Sheriff’s Office, contributing to the organization's preemployment polygraph examinations while serving as a Deputy Sheriff.

Her commitment to the field extended to a two-year term on the Board of Directors for the California Association of Polygraph Examiners, further exemplifying her dedication to professional standards and advancement within the polygraph community.

In anticipation of her retirement from the Santa Clara County Sheriff’s Office, Jada strategically established a private practice specializing in preemployment polygraph examinations for northern California law enforcement agencies. In this capacity, she served as a subcontractor for an established polygraph company, offering her expertise to augment their operations. Subsequently, Jada successfully competed for contracts with various local law enforcement agencies, ultimately securing awards as the primary or secondary polygraph examination provider. (Continued on next page)
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With a wealth of experience, Jada has conducted over 650 comprehensive polygraph examina�ons encompassing Mul�-Issue, Specific Issue, Therapeu�c, Criminal, Private, and PreEmployment assessments. Her clientele extends across both Northern and Southern California, catering to the unique needs of police and fire departments in the region. This extensive background underscores her proficiency and commitment to delivering high-quality polygraph services.

We are pleased to introduce two highly skilled polygraph examinersjoining our team, both graduates of the pres�gious Marston Polygraph Academy. Committed to maintaining the highest professionalstandards, they diligently fulfill all con�nuing educa�on requirements established by the American Polygraph Associa�on. These seasoned professionals bring a wealth of inves�ga�ve exper�se, having served as re�red or ac�ve law enforcement officers. Their in�mate familiarity with police inves�ga�ons, law enforcement backgrounds, and extensive experience in conduc�ng polygraph examina�ons form a cornerstone of Assurance Polygraph'ssuccess.

Collec�vely, our examiners contribute a remarkable 55 years of combined law enforcement experience.

Assurance Polygraph LLC primarily serves a clientele consisting predominantly of applicants aspiring to pursue law enforcement careers with agencies acrossthe Northern California territories. While our focus is on law enforcement candidates, our examiners have also garnered extensive experience by conducting polygraph examinationsfor private clients.

These private clientsseek our services for a diverse range of specific issues, including but not limited to sex addiction, theft, fraud, drug trafficking,sexual harassment, domestic violence, child abuse, and child molestation. It is noteworthy that the polygraph test topics employed for both law enforcement candidates and private clients often share common ground, highlighting the versatility and applicability of our expertise. This dual proficiency allows us to navigate the complex and varied landscape of polygraph examinations, ensuring comprehensive and effective assessments for clients.

Our polygraph examinations strictly follow the polygraph standards set by the American Polygraph Association and adhere to POST guidelines for conducting background investigations.

Drawing from our experience and expertise asbackground investigators, we possess a deep understanding of the essential applicant information sought by investigators and hiring boards.

This proficiency ensures that our polygraph interviews and examinations remain sensitive to all legal considerations, particularly those concerning prohibited inquiries based on the applicant's stage in the hiring process, whether pre or post a conditional offer Assurance Polygraph is headquartered in Castro Valley, CA; However, for the scope of this contract, we propose extending our services through our established sub-contractors based in San Jose, CA, and Morgan Hill, CA. This strategic inclusion of subcontractors reinforces our capability to meet the specific requirements outlined in this bid. #16..
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BIDFORMH–BIDDERCOMPANYHISTORYSTATEMENT(Continued)
WhiletheModestoPoliceDepartmentretainstheresponsibilityofdeterminingtestingprioritiesforitsapplicants, AssurancePolygraphemploysastreamlinedon-lineschedulingsystem.Thisschedulingsystemempowers examineestoconvenientlyselectanappointmentdatethatalignswiththeirschedule.Tofurtherenhance efficiency,weimplementproactivemeasuressuchasemailandtextreminders,effectivelyminimizinginstancesof no-shows,cancellations,andschedulingdiscrepancies.Thiscommitmenttooperationalexcellenceensuresa seamlessandeffectivepolygraphexaminationprocess.

AssurancePolygraphtakesprideinourcommitmenttoeco-friendlypracticesandtheresponsiblestewardshipof theenvironment.Inlinewiththiscommitment,wehaveimplementedsustainablebusinessoperations.Allourforms aresubmittedelectronically,eliminatingtheneedforpaper,reducingwaste,andminimizingourcarbonfootprint.

To ensure the utmost security and confidentiality of the information shared, our data-sharing protocols are meticulously designed. We employ password-encrypted documents and utilize a secure data vault, which grants selective permissions for viewing, editing, and adding information. This approach not only enhances the security of our data but also reflects our dedication to both environmental and information protection standards. By embracing these eco-friendly and secure practices, we strive to contribute to a sustainable future while safeguarding the integrity of the information entrusted to usϟϙ #16..
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POLYGRAPH EXAMINATION

SERVICES
29 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid. Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):
, 2
Bidder Company Name:
1 Assurance Polygraph LLC
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POLYGRAPH EXAMINATION

SERVICES
30 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, terms, and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following: performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies, or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies, and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:

Assurance Polygraph LLC
The bidder assures that materials, supplies, or services provided under the ensuing contract will meet or exceed the standards specified in this Invitation for Bid (IFB), covering aspects like performance,workmanship, labor, materials, and any contributions by the bidder in design or engineering.

Should any defects be discovered in covered items, the bidder commits to rectify reported issues at their expense within 30 days of the City's final acceptance. After the applicable warranty period, liability concludes, except in cases of fraud, gross mistakes, latent defects, or specific failures to comply with purchase order terms.

All materials, parts, labor, assemblies, and components are bound by the specified warranty conditions unless exempted in writing by the City of Modesto. - Assurance Polygaph LLC
Jada Dessaure
Owner/CEO
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POLYGRAPH EXAMINATION

SERVICES
31 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications, and representative experience.

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. #16..
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ĺĲîŪèťôîϙŕŘôϱôıŕīĺƅıôĲťϙŕĺīƅČŘÍŕēϙôƄÍıŜϙċĺŘϙŽÍŘĖĺŪŜϙīÍſϙôĲċĺŘèôıôĲťϙÍČôĲèĖôŜ Santa Clara County SheriƯ's OƯiceϠϙťēôŘťĺĲϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙôīıĺĲťϙ ĺīĖèôϙ"ôŕÍŘťıôĲťϠϙŪŘīĖĲČÍıôϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙ
ĺŘĺĲÍϙ>ĖŘôϙ"ôŕÍŘťıôĲťϠϙ(ÍŜťϙÍƅϙôČĖĺĲÍīϙ
ÍŘħŜϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙ@ÍŽĖĲϙ"ôϙôèħôŘϠϙFĺīīĖŜťôŘϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙ[ĖŽôŘıĺŘôϙĺīĖèôϙ "ôŕÍŘťıôĲťϠϙ[ĺĲČϙôÍèēϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙiŘÍĲČôϙ
ĺŪĲťƅϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙôîſĺĺîϙ
Ėťƅϙ
ĺīĖèôϙ"ôŕÍŘťıôĲťϠϙÍĲϙVĺŜôϙťÍťôϙĲĖŽôŘŜĖťƅϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙÍĲϙaÍťôĺϙ ĺŪĲťƅϙŪæīĖèϙÍċôťƅϙ

ĺııŪĲĖèÍťĖĺĲŜϠϙSan Mateo County SheriƯ's OƯiceϠϙÍĲϙÍıĺĲϙ«Íīīôƅϙ>ĖŘôϙŘĺťôèťĖĺĲϙ"ĖŜťŘĖèťϠϙ ŪĲĲƅŽÍīôϙ"ôŕÍŘťıôĲťϙĺċϙŪæīĖèϙÍċôťƅϠϙÍĲîϙĲĖĺĲϙ
ĖťƅϙĺīĖèôϙ"ôŕÍŘťıôĲťϙ
Number of Polygraph Exams completed ϼťĺϙîÍťôϽϡϙѴ͕͔͏ϙ ϪProficient in all polygraph testing formats and scoring techniques. ϪRegular attendance at annual training seminars ensures flexibility in using the most upϱťĺϱîÍťôϙ ŕŘÍèťĖèôŜϙĖĲϙťēôϙĖĲîŪŜťŘƅϟϙ
In accordance with Bid Form L ϳϙSubcontractor List, we anticipate subcontracting certain aspects ofthe work. The firms identified for subcontracting are as followsϡϙ
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͖͗͐͘ϙ®ôŜťſĺĺîϙ"ŘĖŽôϠϙŪĖťôϙ(Ϡϙ@ĖīŘĺƅϠϙ
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FĖČēϙèēĺĺīϙ"ĖŕīĺıÍϙ
[ĖŽôϙiÍħϙFĖČēϙèēĺĺīϙϳϙVŪĲôϙ͐͗͗͘ϙ
Law Enforcement Trainingϡϙ

ĺŪĲťƅϙĺċϙÍĲťÍϙ
īÍŘÍϠϙ"ôŕÍŘťıôĲťϙĺċϙ
ĺŘŘôèťĖĺĲŜϙèÍîôıƅϙϱ@ŘÍîŪÍťĖĺĲϙϳϙ"ôèôıæôŘϙ͔͐͘͘ϙ

ĺŪĲťƅϙĺċϙÍĲťÍϙ
īÍŘÍϠ OƯice of the SheriƯϙϱϙſĺŘĲϱĖĲϙ͑͏͐͑ϙ
Polygraph Training and Certificationsϡϙ
aÍŘŜťĺĲϙĺīƅČŘÍŕēϙèēĺĺīϙϱϙ@ŘÍîŪÍťĖĺĲϙϳϙ"ôèôıæôŘϙ͏͘Ϡϙ͑͏͕͐ ĺŜťϱConviction Sex OƯender Testing Certification (Marston Polygraph Academy)ϙϱ"ôèôıæôŘϙ͐͘Ϡϙ ͑͏͐͘
Additional Trainingϡϙ
IĲťôŘŽĖôſϙÍĲîϙIĲťôŘŘĺČÍťĖĺĲϙϼIϽϙϱϙVŪĲôϙ͐͗ϙϳϙVŪĲôϙ͑͑Ϡϙ͑͏͐͗ϙ ÍèħČŘĺŪĲîϙIĲŽôŜťĖČÍťĺŘϙŘÍĖĲĖĲČϙϱϙŪČŪŜťϙ͏͖Ϡϙ͑͏͕͐ϙ
Polygraph Association Membershipsϡϙ

ÍīĖċĺŘĲĖÍϙŜŜĺèĖÍťĖĺĲϙĺċϙĺīƅČŘÍŕēϙ(ƄÍıĖĲôŘŜϙϼ
(ϽϙϱièťĺæôŘϙ͑͏͖͐ϱϙôƄŕĖŘôŜϙ"ôèôıæôŘϙ͒͐Ϡϙ͑͏͓͑ϙ
ıôŘĖèÍĲϙĺīƅČŘÍŕēϙŜŜĺèĖÍťĖĺĲϙϼϽϙϱϙ͑͏͖͐ϙϳϙôƄŕĖŘôŜϙbĺŽôıæôŘϙ͑͏͓͑ ıôŘĖèÍĲϙŜŜĺèĖÍťĖĺĲϙĺċϙĺīĖèôϙĺīƅČŘÍŕēĖŜťŜϙϼϽϙϱϙ͑͏͖͐ϙϳϙôƄŕĖŘôŜϙ"ôèôıæôŘϙ͑͏͓͑ Professional Experienceϡϙ
ĺīƅČŘÍŕēϙ(ƄÍıĖĲôŘϙϳϙVÍĲŪÍŘƅϙ͑͏͖͐ϙťĺϙièťĺæôŘϙ͑͏͐͘ϟϙ
ĺĲîŪèťôîϙŕŘôϱôıŕīĺƅıôĲťϙŕĺīƅČŘÍŕēϙôƄÍıŜϙ
for County of SantaClara, OƯice of the SheriƯϙÍĲîϙŘŪťēϙôϙĺīîϙĺīƅČŘÍŕēϠϙ[[ bŪıæôŘϙĺċϙĺīƅČŘÍŕēϙ(ƄÍıŜϙèĺıŕīôťôîϙϼÍŕŕŘĺƄĖıÍťôϽϡϙ͒͏
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aÍŜťôŘϙĺċϙŘťŜϙϳŪŜĖĲôŜ aÍĲÍČôıôĲťϠϙŕĺŘťŜϙîıĖĲĖŜťŘÍťĖĺĲϠϙĲĖŽôŘŜĖťƅϙĺċϙÍĲϙ>ŘÍĲèĖŜèĺϠϙŪČŪŜťϙ ͐͘͘͘ϙ
ÍèēôīĺŘϙĺċϙèĖôĲèôϙϱϙîıĖĲĖŜťŘÍťĖĺĲϙĺċϙVŪŜťĖèôϠϙÍĲϙVĺŜôϙťÍťôϙĲĖŽôŘŜĖťƅϠϙ"ôèôıæôŘϙ͐͒͘͘ϙ Law Enforcement Trainingϡϙ
ϟiϟϟϟϙÍŜĖèϙĺīĖèôϙèÍîôıƅϙ@ŘÍîŪÍťĖĺĲϙϳϙôŕťôıæôŘϙ͔Ϡϙ͑͏͏͖ϙ Post Basic Certificate ϱϙôŕťôıæôŘϙ͔Ϡϙ͑͏͏͖ϙ
Post IntermediateCertificate ϱϙbĺŽôıæôŘϙ͒Ϡϙ͑͏͐͏ϙ
Post Advanced Certificate ϱϙVŪīƅϙ͔͑Ϡϙ͑͏͐
Polygraph Training and Certificationsϡϙ
aÍŘŜťĺĲϙĺīƅČŘÍŕēϙèēĺĺīϙ@ŘÍîŪÍťĖĺĲϙϱôŕťôıæôŘϙ͕͐Ϡϙ͑͏͑͑ϙ Polygraph Association Memberships:

ÍīĖċĺŘĲĖÍϙŜŜĺèĖÍťĖĺĲϙĺċϙĺīƅČŘÍŕēϙ(ƄÍıĖĲôŘŜϙϼ
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Professional Experienceϡϙ
ĺīƅČŘÍŕēϙ(ƄÍıĖĲôŘϙϳϙ@ĺīĖÍťēϙĺīƅČŘÍŕēϙ[[
ϡϙôŕťôıæôŘϙ͕͐Ϡϙ͑͏͑͑ϠϙťĺϙŘôŜôĲťϙ
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ŜŜŪŘÍĲèôϙĺīƅČŘÍŕēϙĖŜϙèĺııĖťťôîϙťĺϙıÍĖĲťÍĖĲĖĲČϙťēôϙēĖČēôŜťϙŜťÍĲîÍŘîŜϙťēŘĺŪČēϙťēôϙŕĺŜŜôŜŜĖĺĲϙĺċϙ relevant certificationsϟϙ Company Certificationϡϙ®ôϙēĺīîϙÍϙæŪŜĖĲôŜŜϙīĖèôĲŜôϙĖŜŜŪôîϙæƅϙīÍıôîÍϙ ĺŪĲťƅϠϙôĲÍæīĖĲČϙŪŜϙťĺϙ
èĺĲîŪèťϙæŪŜĖĲôŜŜϙĖĲϙ
ÍŜťŘĺϙ«ÍīīôƅϠϙ
ϟϙ®ôϙèĺııĖťϙťĺϙŜôèŪŘĖĲČϙÍīīϙŘôŗŪĖŜĖťôϙæŪŜĖĲôŜŜϙīĖèôĲŜôŜϙťĺϙ meet the specifications outlined in this bid.

Individual CertificationsϡϙIϙÍıϙÍťťÍèēĖĲČ copies of the graduation certificates for each of our ŕĺīƅČŘÍŕēϙôƄÍıĖĲôŘŜϟϙIťϙĖs important to note that these certificates do not have an expiration date.

FĺſôŽôŘϠϙĖĲϙÍîēôŘôĲèôϙťĺϙťēôϙıôıæôŘŜēĖŕϙŘôŗŪĖŘôıôĲťŜϙĺċϙŕĺīƅČŘÍŕēϙÍŜŜĺèĖÍťĖĺĲŜϠϙôƄÍıĖĲôŘŜϙÍŘôϙ obligated to fulfill a minimum of ċĺŘťƅϙēĺŪŘŜϙĺċϙèĺĲťĖĲŪĖĲČϙôîŪèÍťĖĺĲϙôŽôŘƅϙťſĺϙƅôÍŘŜϟϙIϙÍıϙŕīôÍŜôîϙ to confirm that, as of "ôèôıæôŘϙ͑͏͑͒ϠϙÍīīϙĺŪŘϙôƄÍıĖĲôŘŜϙēÍŽôϙŜŪŘŕÍŜŜôîϙťēôϙıÍĲîÍťĺŘƅϙ ŘôŗŪĖŘôıôĲťϙæƅϙèĺıŕīôťĖĲČϙıĺŘôϙťēÍĲϙċĺŘťƅϙēĺŪŘŜϙĺċϙèĺĲťĖĲŪĖĲČϙôîŪèÍťĖĺĲϟϙŪæŜôŗŪôĲťϙ ŜŪæıĖŜŜĖĺĲŜϙĺċϙĲôſϙēĺŪŘŜϙÍŘôϙĲĺťϙôƄŕôèťôîϙŪĲťĖīϙ͑͏͔͑ϟϙϙ Membership Certificates for CAPE
͐ϟϙVÍîÍϙ"ôŜŜÍŪŘôϠϙ(ƄŕĖŘÍťĖĺĲϙ"Íťôϡϙ"ôèôıæôŘϙ͑͏͓͑ϙ

2. Elizabeth Rodriguez, Expiration Date:ϙ"ôèôıæôŘϙ͑͏͓͑ϙ ͒ϟaĖČĲĺĲϙŪŘŘôīīϠϙ(ƄŕĖŘÍťĖĺĲϙ"Íťôϡϙ"ôèôıæôŘϙ͑͏͓͑ϙ
Membership Certificates for APA
͐ϟϙVÍîÍϙ"ôŜŜÍŪŘôϠϙ(ƄŕĖŘÍťĖĺĲϙ"Íťôϡ bĺŽôıæôŘϙ͑͏͓͑

2. Elizabeth Rodrigues, Expiration Date: bĺŽôıæôŘϙ͑͏͓͑ϙ Membership Certificates AAPP
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ŜŜŪŘÍĲèôϙĺīƅČŘÍŕēϙĖŜϙîôîĖèÍ to delivering services of the utmost quality, backed by a qualified team and requisite certifications.
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:ƵƐƚŝĐĞdƌĂŝŶŝŶŐĞŶƚĞƌ;^͘͘͘ηϱͿ͕DŽƌŐĂŶ,ŝůů͕ĂůŝĨŽƌŶŝĂ Yh>/&/d/KE^͗
ĞƌƚŝĨŝĐĂƚĞƐ  ĂƐŝĐWŽůŝĐĞĐĂĚĞŵǇĞƌƚŝĨŝĐĂƚĞ :ƵůǇϭϭ͕ϮϬ  W͘K͘^͘d͘ĂƐŝĐĞƌƚŝĨŝĐĂƚĞ &ĞďϮ͕ϮϬϭϬ
 W͘K͘^͘d͘/ŶƚĞƌŵĞĚŝĂƚĞĞƌƚŝĨŝĐĂƚĞ EŽǀĞŵďĞƌϯ͕ϮϬϭϬ  W͘K͘^͘d͘ĚǀĂŶĐĞĚĞƌƚŝĨŝĐĂƚĞ :ƵůǇϮϱ͕ϮϬϭ  WŽůǇŐƌĂƉŚ
ǆĂŵŝŶĞƌ ^ĞƉƚĞŵďĞƌϭϱ͕ϮϬϭϳ  WŽƐƚͲŽŶǀŝĐƚŝŽŶ^ĞǆKĨĨĞŶĚĞƌ ǆĂŵŝŶĞƌ ĞĐĞŵďĞƌϮϬ͕ϮϬϭ
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ŶĨŽƌĐĞŵĞŶ dƌĂŝŶŝŶŐ  WŽƐƚͲŽŶǀŝĐƚŝŽŶ^ĞǆKĨĨĞŶĚĞƌdĞƐƚŝŶŐ ĞĐĞŵďĞƌϭϲͲϮϬ͕ϮϬϭϵ  d/ /ŶƚĞƌǀŝĞǁĂŶĚ/ŶƚĞƌƌŽŐĂƚŝŽŶ :ƵŶĞϮϬϭϴ  DĂƌƐƚŽ WŽůǇŐƌĂƉŚĐĂĚĞŵǇ :ƵůǇϭϬʹ^ĞƉƚϭϱ͕ϮϬ  ĂĐŬŐƌŽƵŶĚ/ŶǀĞƐƚŝŐĂƚŝŽŶ ƵŐƵƐƚϵʹϭϭ͕ϮϬϭϲ  /ŵƉůŝĐŝƚŝĂƐ dƌĂŝŶƚŚĞdƌĂŝŶĞƌ ĞĐĞŵďĞƌϮϴ͕ϮϬϭϱ  ZĞĐŽƌĚŽĨƌƌĞƐƚĂŶĚWƌŽƐĞĐƵƚŝŽŶdƌĂŝŶŝŶŐ EŽǀĞŵďĞƌϭϮ͕ϮϬϭϱ ;K:Ϳ  ƌŝŵŝŶĂů DŝŶĚƐĞƚΘdĂĐƚŝĐƐWŽƐƚϭϬϵ DĂǇϮϭ͕ϮϬϭϱ  ŚŝůĚďƵƐĞŽƵŶĐŝů^ǇŵƉŽƐŝƵŵ Ɖƌŝůϭϳ͕ϮϬϭϱ  ŽŵĞƐƚŝĐsŝŽůĞŶĐĞ͗/ƚ͛ƐǇŽƵƌĐĂůůsϭ ƉƌŝůϮϰ͕ϮϬϭϯ  ^ƚƌĞĞƚĞǀĞůŽƉŵĞŶƚ ƉƌŝůϮϮ͕ϮϬϭϯ  Z;ƌƵŐďƵƐĞZĞĐŽŐŶŝƚŝŽŶͿ DĂƌĐŚϮϲͲϮϴ͕ϮϬϭϯ  DŝŶŝZ;ƌƵŐďƵƐĞZĞĐŽŐŶŝƚŝŽŶͿ :ƵůǇϮϲ͕ϮϬϭϮ  ZĞƉŽƌƚtƌŝƚŝŶŐ &ĞďƌƵĂƌǇϰ͕ϮϬ  ŽŵŵƵŶŝĐĂƚŝŽŶ<ĞĞƉŝŶŐzŽƵƌ
ĚŐĞ EŽǀĞŵďĞƌϭϬ͕ϮϬϭϬ
 'ĂŶŐǁĂƌĞŶĞƐƐ KĐƚŽďĞƌϰ͕ϮϬ
^ŬŝůůƐ  ƵƌƌĞŶƚZĂŶŐĞ;,ĂŶĚŐƵŶĂŶĚ>ĞƐƐ>ĞƚŚĂůͿ  ƵƌƌĞŶƚWZ͕ĂŶĚ&ŝƌƐƚŝĚĞƌƚŝĨŝĐĂƚŝŽŶ  WŽǁĞƌWŽŝŶƚͬ ǆĐĞůͬDŝĐƌŽƐŽĨƚ tŽƌĚͬ:/^ĂƚĂďĂƐĞͬ:/ͬ^>
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 ŽŵŵƵŶŝĐĂƚŝŽŶ
 WƌŽďůĞŵ^ŽůǀŝŶŐ
 ZĞƉŽƌƚtƌŝƚŝŶ
 WƵďůŝĐ^ƉĞĂŬŝŶŐ  /ŵƉůŝĐŝƚŝĂƐ/ŶƐƚƌƵĐƚŽƌ;:ƵƐƚŝĐĞdƌĂŝŶŝŶŐĞŶƚĞƌΘŽŶƚŝŶƵĞ ĚƵĐĂƚŝŽŶĨŽƌĚĞƉƵƚŝĞƐͿ
ĚĚŝƚŝŽŶĂů>Ăǁ
ŶĨŽƌĐĞŵĞŶƚZĞůĂƚĞĚĐƚŝǀŝƚ  WŚǇƐŝĐĂůŐŝůŝƚǇdĞƐƚWƌŽĐƚŽƌ;ĂĐŬŐƌŽƵŶĚƐΘZĞĐƌƵŝƚŝŶŐʹ :ƵƐƚŝĐĞdƌĂŝŶŝŶŐĞŶƚĞƌͿ  :Žď&ĂŝƌZĞƉƌĞƐĞŶƚĂƚŝǀĞ;ĂĐŬŐƌŽƵŶĚƐΘZĞĐƌƵŝƚ  WĂƌƚŝĐŝƉĂŶƚŝŶWdĞůŽǀĞĚŽŵŵƵŶŝƚǇDĞĞƚŝŶŐͲϭϬͬϮϵͬϭϱ ZĞĨĞƌĞŶĐĞƐ͗ǀĂŝůĂďůĞƵƉŽŶƌĞƋƵĞƐƚ
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THIS CERTIFICATE IS PROUDLY PRESENTED TO
Jada Dessaure
12/19/2019
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Gilroy, CA 95020
408-430-3903
[email protected]
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DŝŐŶŽŶƵƌƌĞůů
'ŽůŝĂƚŚWŽůǇŐƌĂƉŚ>>

ŵĂŝů͗ŐŽůŝĂƚŚƉŽůǇŐƌĂƉŚůůĐΛŐŵĂŝů͘ĐŽŵ
ĚĚƌĞƐƐ͗ϭϳϯ E͘&ŝƌƐƚ^ƚƌĞĞƚηϭϬϰ͕^ĂŶ:ŽƐĞ͕ϵϱϭϭϮ ;ϰϬϴͿϵϬϱͲϳϯ

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hŶŝǀĞƌƐŝƚǇŽĨ^ĂŶ&ƌĂŶĐŝƐĐ ^ĂŶ&ƌĂŶĐŝƐĐŽ͕
DĂƐƚĞƌƐŽĨƌƚƐĞŐƌĞĞ͕ƵŐƵƐƚϭϵϵϴ
ŽŶĐĞŶƚƌĂƚŝŽŶ͗^ƉŽƌƚƐƵƐŝŶĞƐƐ DĂŶĂŐĞŵĞŶƚ
^ĂŶ:ŽƐĞ^ƚĂƚĞhŶŝǀĞƌƐŝƚǇ͕^ĂŶ :ŽƐĞ͕
ĂĐŚĞůŽƌŽĨ^ĐŝĞŶĐĞĞŐƌĞĞ͕ĞĐĞŵďĞƌϭϵϵϯ
DĂũŽƌ͗ĚŵŝŶŝƐƚƌĂƚŝŽŶŽĨƌŝŵŝŶĂů:ƵƐƚŝĐĞ
DŝŶŽƌ͗ĨƌŝĐĂŶŵĞƌŝĐĂŶ^ƚ
^ĂŝŶƚZŽƐĞĐ ͕^ĂŶ&ƌĂŶĐŝƐĐŽ͕
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ŶĨŽƌĐĞŵ WĂƚƌŽůŝǀŝƐŝŽ :ŽƐĞ͕ĂůŝĨŽƌŶ
&ĞďϮϬϭϲʹ:ĂŶϮϬϭϳ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;ŽǁŶƚŽǁŶ^ƵƉ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕ :ŽƐĞ͕ĂůŝĨŽƌŶ
:ĂŶϮϬϭϯͲ:ĂŶϮϬϭϲ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;WĂƌŬĞŶƚĞƌ WůĂǌĂͿ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^ :ŽƐĞ͕ĂůŝĨŽƌŶ
:ĂŶϮϬϭϬͲĞĐϮϬ tĞƐƚsĂůůĞǇWĂƚƌŽůŝǀŝƐŝŽ WĂƚƌŽůͿ
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ŶĨŽƌĐĞŵ WĂƚƌŽůŝǀŝƐŝŽ :ŽƐĞ͕ĂůŝĨŽƌŶ
ƉƌϮϬϬϵͲĞ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ WĂůŽůƚŽͿ
^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶ ĞĐϮϬϬϴͲƉƌϮϬ &ŝĞůĚdƌĂŝŶŝŶŐWƌŽŐƌĂŵ;&dKͿ
^ŚĞƌŝĨĨ͛ƐKĨĨŝĐĞ &ŝĞůĚdƌĂŝŶŝŶŐWƌŽŐƌĂŵ͕^ĂŶ :ŽƐĞ͕ĂůŝĨŽƌŶŝ ^ĞƉϮϬϬϳͲĞĐϮϬϬϴ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;WĂůŽůƚŽͿ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂ #16..
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DĂƌϮϬϬϳͲ W͘K͘^͘d͘ĂƐŝĐWŽůŝĐĞĐĂĚĞŵǇ
:ƵƐƚŝĐ dƌĂŝŶŝŶŐĞŶƚĞƌ;^͘͘͘ηϯ DŽƌŐĂŶ,ŝůů͕ĂůŝĨŽƌŶ Yh>/&/d/KE^͗
ĞƌƚŝĨŝĐĂƚĞƐ ▪ ĂƐŝĐWŽůŝĐĞĐĂĚĞŵǇĞƌƚŝĨŝĐĂƚĞ ^ĞƉϱ͕ϮϬϬϳ ▪ W͘K͘^͘d͘ĂƐŝĐĞƌƚŝ ^ĞƉϱ͕ϮϬϬϳ ▪ W͘K͘^͘d͘/ŶƚĞƌŵĞĚŝĂƚĞĞƌƚŝĨŝĐĂƚĞ EŽǀĞŵďĞƌϯ͕ϮϬϭ ▪ W͘K͘^͘d͘ĚǀĂŶĐĞĚĞƌƚŝĨŝĐĂƚĞ :ƵůǇϮϱ͕ϮϬϭϰ >Ăǁ
ŶĨŽƌĐĞŵĞ dƌĂŝŶŝŶŐ ▪ ƌŝŵŝŶĂůDŝŶĚƐĞƚΘdĂĐƚŝĐƐWŽƐƚϭϬϵ DĂǇϮϭ͕ϮϬϭϱ ▪ ŚŝůĚďƵƐĞŽƵŶĐŝů^ǇŵƉŽƐŝƵŵ Ɖƌŝůϭϳ͕ϮϬϭϱ ▪ ŽŵĞƐƚŝĐ sŝŽůĞŶĐĞ͗/ƚ͛ƐǇŽƵƌĐĂůů sϭ ƉƌŝůϮϰ͕ ▪ ^ƚƌĞĞƚĞǀĞůŽƉŵĞŶƚ ƉƌŝůϮϮ͕ ▪ Z;ƌƵŐďƵƐĞZĞĐŽŐŶŝƚŝŽŶͿ DĂƌĐŚϮϲͲϮϴ͕Ϯ ▪ DŝŶŝZ;ƌƵŐďƵƐĞZĞĐŽŐŶŝƚŝŽŶͿ :ƵůǇϮϲ͕ϮϬϭϮ ▪ ZĞƉŽƌƚtƌŝƚŝŶŐ &ĞďƌƵĂƌǇϰ͕ϮϬ ▪ ŽŵŵƵŶŝĐĂƚŝŽŶ<ĞĞƉŝŶŐzŽƵƌ ĚŐĞ EŽǀĞŵďĞƌϭϬ ▪ 'ĂŶŐǁĂƌĞŶĞƐ KĐƚŽďĞƌϰ͕ϮϬϬ
^ŬŝůůƐ ▪ ŽƵƌƚdƌĂŝŶŝŶŐKĨĨŝĐĞƌ ▪ ƵƌƌĞŶƚZĂŶŐĞ ,ĂŶĚŐƵŶ͕^ŚŽƚŐƵŶĂŶĚ>ĞƐƐ ▪ ƵƌƌĞŶƚWZ͕ĂŶĚ&ŝƌƐƚŝĚĞƌƚŝĨŝĐĂƚŝŽŶ ▪ WŽǁĞƌWŽŝŶƚͬ ǆĐĞůͬDŝĐƌŽ^ŽĨƚtŽƌĚͬ:/^ĂƚĂďĂƐĞͬ:/ͬ^>
d^ ▪ ŽŵŵƵŶŝĐĂƚŝŽŶ ▪ WƌŽďůĞŵ^ŽůǀŝŶ ▪ ZĞƉŽƌƚtƌŝƚŝŶŐ ▪ WƵďůŝĐ^ƉĞĂŬŝŶ ĚĚŝƚŝŽŶĂů>Ăǁ
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
32 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)

N/A N/A

N/A N/A
Bidder Company Name:

Elizabeth Rodriguez
Mignon Burrell
Polygraph Examiner
Polygraph Examiner
Assurance Polygraph LLC
1735 N. First Street,
#104, San Jose CA
95112
7891 Westwood Dr.

Suite E, Gilroy CA
95020
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-33
FOR

POLYGRAPH EXAMINATION SERVICE
BID OPENING: December 19, 2023, at 11:00 A.M.

CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
2 Table of Contents PAGE
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 A. BID SUBMITTAL....................................................................................................................... 7 E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS:.................................................. 7 F. COMPLETE BID DOCUMENT:................................................................................................ 7 G. COMPLIANCE/NON-COMPLIANCE:...................................................................................... 8 M. BID PROTEST AND APPEAL PROCEDURES:..................................................................... 10 BID SUBMITTAL CHECKLIST............................................................................................................. 15 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 22 BID FORM E – BIDDER CUSTOMER REFERENCES.................................................................... 23 BID FORM F - FINANCIAL INTEREST DISCLOSURE.................................................................. 25 BID FORM G – SUPPORT OF LOCAL VENDORS ......................................................................... 27 BID FORM H - BIDDER COMPANY HISTORY STATEMENT..................................................... 28 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 29 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 30 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 31 BID FORM L - SUBCONTRACTOR LIST ........................................................................................ 32 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 33

1.1 SCOPE OF WORK:........................................................................................................................ 33

1.4 REQUIRED LICENSES: ............................................................................................................... 35 SAMPLE ANNUAL AGREEMENT - SERVICES............................................................................. 36 #16..
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3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for Polygraph Examination Services (the “Services”) for the City of Modesto, Police Department.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).

Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid.

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, December 19, 2023, at 11:00 A.M., at which time Bids will be opened, read, and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier, or package delivery service must be received and time stamped at the stated address prior to the time designated.

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #16..
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4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2324-33.

BID OPENING DATE: DECEMBER 19, 2023, AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK COURIER TO: CITY CLERK

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

No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #16..
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5 CALENDAR OF EVENTS
Event Date
IFB Issued November 17, 2023
Written Questions Due via Email November 28, 2023
Addendum Issued (if required) December 5, 2023 (approximate date) Bid Due Date & Time PRIOR TO 11:00 A.M. on Tuesday, December 19, 2023 Agreement Award Approximately April 2024

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #16..
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6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, December 19, 2023, the City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that The City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB, and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
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8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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9 • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

I. SUPPORT OF LOCAL VENDORS: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5% of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five (5) business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

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

K. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. #16..
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10 • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

L. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. #16..
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11 • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor.
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date.
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

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

City Clerk’s Office
Attn: Director of Finance
PO Box 642
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12 Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

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

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

All protest appeals to the City Council shall either be delivered to:

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

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

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

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

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying 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 #16..
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14 filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that The City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #16..
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15 BID SUBMITTAL CHECKLIST

COMPLETE BID ELEMENTS 
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Support of Local Vendors
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #16..
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This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated, and submitted with the Bid response. Obligations assumed by such signature will include the following:

POLYGRAPH EXAMINATION

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid.
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to The City through the card issuer. That rebate amount will be considered by The City in its evaluation of Bidder’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
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12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:
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20 K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until any
contract begins):
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Description Estimated
Annual QTY
Unit Unit Price Extended Unit Price
Polygraph Examination 250 EA $________ $______________
Description Unit Unit Price
Daily Per-Diem Daily $_______________
Description Unit Unit Price
Court Testimony or other
administration hearing support Daily $________________
Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing:
___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: _____________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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24 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract, or development right.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

10.03(h) are satisfied.

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26 Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

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

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

Check here:

I declare I am a local business per the above criteria.

Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

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

Print/Type Name:

Title:

Signature:

Date:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

All materials, parts, labor, assemblies, and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
31 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

POLYGRAPH EXAMINATION

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)

N/A N/A

N/A N/A
Bidder Company Name:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
33 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto invites qualified firms or individuals to submit a proposal for performing polygraph services for the Modesto Police Department. The Successful Proposer(s) shall provide polygraph services, including pre-employment, using a polygraph technique taught by a polygraph school accredited by one or more of following associations: American Polygraph Association (APA), California Association of Polygraph Examiners (CAPE), American Associations of Police Polygraphists (AAPP), and National Polygraph Association (NPA).

It is the City’s intent to award one or more agreements to one or more bidder as a primary and secondary in order to provide for backup if primary is unable to meet the City’s needs. The City reserves the right to award more than one contract for the services specified herein to ensure the continuing ability to obtain timely and accurate polygraph examinations of sworn and non-sworn candidates for employment and for criminal investigations.

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 City, for a total of five (5) years.

1.2 GENERAL REQUIREMENTS:

All polygraph examinations shall be performed in accordance with the following regulations:

A. The guidelines or bylaws of the certifying association listed above.

B. California Penal Code Sections 632 and 637.4(a).

C. Polygraph examinations shall cover general information about the candidate to include, but not limited to:
employment history, prior police history, military services, criminal activity, illegal drugs, employment theft, financial, gambling, internet use, drinking habits, and incidence of domestic violence.

D. Proof of identity of each applicant shall be confirmed with a valid form of identification prior any examination.

E. Conduct examinations within seven (7) business days after request and provide the required reports and forms within two (2) days of the completed evaluation, unless the City grants an extension for cause.

F. Have the ability to complete a minimum of thirty (30) pre-employment polygraph examinations in a thirty (30) day period.

G. The ability to conduct investigative polygraph examinations is desirable, but not required.

H. Provide an electronic copy of all polygraph examination reports to the City. #16..
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
34 I. Provide a copy of all audio/video recordings of investigative examinations to the City upon request.

J. Provide a copy of all examination records and documents to the City upon request.

K. Testimony in court or other administrative hearings to support polygraph examination findings.

L. Retain all polygraph examination documents, videos, and recordings for a minimum of two years.

1.3 MINIMUM QUALIFICATIONS:

Proposer shall provide with their proposal submittal detailed information on the following:

A. Proposer shall have a minimum of three (3) years of continuous service (immediately prior to the time of the RFP submittal date) of providing pre-employment polygraph examinations to law enforcement agencies.

B. Proposer shall hold full membership and be certified with one or more of the following associations:
a. American Polygraph Association (APA), California Association of Polygraph Examiners (CAPE), American Associations of Police Polygraphists (AAPP), and National Polygraph Association (NPA).

C. Proposer shall have completed a minimum of 200 pre-employment polygraph examinations. Please furnish support data.

D. Proposer shall be required to provide summary invoicing which is supported by detailed cost descriptions. Please furnish examples.

E. Proposer shall be available upon request (at no cost to the City) to discuss contract issues and concerns. Please confirm acceptance.

1.4 SERVICE REQUIREMENTS:

Proposer shall provide with their proposal submittal detailed information on the following list of service requirements:

A. A list of all personnel (proposer and all employees) qualified to conduct polygraph examinations.

B. Description of all applicable association memberships and completed training courses for each examiner.

C. Proposer shall outline the overall monthly examination capacity of all examiners to provide further information on the proposer’s capacity.

D. Administer timely and accurate polygraph examinations of sworn and non-sworn candidates for employment and for criminal investigations.
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
35 E. Ability to conduct break down/clearing testing when appropriate (i.e., inconclusive result, significant response with new disclosures, significant response with no new disclosures, etc.)

1.5 REQUIRED LICENSES:

Prior to beginning any work or delivering any equipment or material to be furnished under this specification and bid, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto.

Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder(s) shall maintain a City of Modesto business license for the duration of the agreement.
#16..
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36 SAMPLE AGREEMENT
SAMPLE ANNUAL AGREEMENT – POLYGRAPH EXAMINATION SERVICES This agreement, hereinafter called AGREEMENT, made and entered into in The City of Modesto, State of California, this ____ day of ____________________ , 2024, by and between The City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-XX authorizing the Award of Bid and agreement for POLYGRAPH EXAMINATION SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the POLYGRAPH EXAMINATION SERVICES as described in IFB 2324-33 attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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37 NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, travel expenses, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________.

Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
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38 AGREEMENT PRICING
Description Estimated
Annual QTY
Unit Unit Price Extended Unit Price
Polygraph Examination 250 EA $________ $______________
Description Unit Unit Price
Daily Per-Diem Daily $_______________
Description Unit Unit Price
Court Testimony or other
administration hearing support Daily $________________
Stated pricing is subject to ______ percent (______%) cash discount if invoice is paid within ______ days after acceptance of service.

2. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. TERM OF AGREEMENT:

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

Year 1: 2024 through 2025
Year 2: 2025 through 2026
Year 3: 2026 through 2027
Year 4: 2027 through 2028
#16..
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39 Year 5: 2028 through 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

4. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a #16..
- 1051 -
40 new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

5. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days #16..
- 1052 -
41 via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number: __________
• CITY department/division name and address.
• Billing period.
• Service hours worked day and week.
• Unit price, extended price, sales tax and total.

6. INDEMNITY:

7. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California #16..
- 1053 -
42 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws, provisions, or principles.

8. ATTORNEYS’ FEES:

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement:
a. Resolution No.2024-_______
b. CONTRACTOR Bid submittal.
c. IFB No. 2324-33
Contractor’s City of Modesto business license

10. TERMINATION OF SERVICES:

Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
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43 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated.
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered. d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY. f. Complete performance of such part of the SERVICES as has not been terminated. g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES.
#16..
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44 h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

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

11. COMPLIANCE WITH ALL LAWS:

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

13. ASSIGNMENT OF RIGHTS:

14. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein. #16..
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46 15. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

16. NOTICES:

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

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

17. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

18. QUANTITIES:

No minimum or maximum is guaranteed or implied.
#16..
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47 19. 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.

20. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

21. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. #16..
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48 b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require ascertaining compliance with this AGREEMENT.

22. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

23. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this #16..
- 1060 -
49 AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

24. FACILITIES AND EQUIPMENT:

25. INDEPENDENT CONTRACTOR; NOT AGENT:

26. DRUG FREE WORKPLACE:

27. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

28. WAIVER:

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

30. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

31. ENTIRE AGREEMENT:

32. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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51 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024- _________ adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and _____________________has caused this Agreement to be duly executed.
#16..
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ITEM/DESCRIPTION QTY

UNIT OF

MEASURE
Rates
1 Polygraph Examination 250 EA $400.00 $100,000.00 $385.00 $96,250.00 NR NR Lowest Bid NR = Non Responsive
Rates
Daily Per-Diem
Daily Court Testimony or other adminstration hearing support ***FOR COSTING PURPOSES ONLY***
$250.00
$1,000.00
NR
NR
Assurance Polygraph
$1,200.00
$1,200.00
Lierly Integrity Enterprises Pacific Coast Polygraph
Vacaville, CA
Pacific Coast Polygraph

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
Redding, CA
Lierly Integrity Enterprises
IFB NO. 2324-33 Polygraph Examination Services
Assurance Polygraph
Castro Valley, CA
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 11, 2024
Date: May 16, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Sigma Tactical Wellness Health Screening
CONTACT: Chris Adams, Captain, [email protected], 209-572-9500 DESCRIPTION:

Consider approving an Agreement with Sigma Tactical Wellness, Austin, Texas, for Comprehensive Heart Health Assessments for First Responders for a total not to exceed $115,464. (Funding Source: Byrne Justice Assistance Grant) STRATEGIC PLAN ELEMENT:

This item is related to the adopted City Council 2020-2025 Strategic Plan focus area of Governance and Service Delivery under Goal - Build a High-Performance Organization.

BACKGROUND:

Law enforcement personnel are at a heightened risk for heart-related illnesses due to the highstress nature of their job, irregular work hours, and the physical demands of their duties. Heart disease remains one of the leading causes of death in the United States, and the stressors unique to police work only increase these risks. Regular, comprehensive heart health assessments are critical in identifying risk factors early, providing the necessary interventions, and ensuring the health and longevity of the workforce.

The Modesto Police Department, recognizing the importance of the health and well-being of our personnel, developed a Wellness Committee in 2023 to research and address several initiatives related to employee health and wellness. To address the above-mentioned heightened risks, members of the Wellness Committee researched companies who provide advanced cardiovascular and metabolic screenings designed around the unique physiological and psychological profile of law enforcement personnel. This is to identify and address health issues in our personnel early so that lifestyle changes and other early interventions can be successful, if, and when, needed.

The Modesto Police Department applied for and received funding from the Edward Byrne Memorial Justice Assistance Grant to evaluate and secure a vendor to conduct comprehensive heart health screenings, to include vascular imaging, advanced lipid testing, and biomarkers that are effective in detecting the early stages of cardiovascular disease. #17..
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City Council, June 11, 2024
Sigma Tactical Wellness Health Screening

Page 2 of 4 ends

DISCUSSION:

Wellness programs in police departments are essential for maintaining the health and effectiveness of law enforcement officers. The demanding nature of police work, characterized by unpredictable hours, high-stress situations, and physical demands, significantly elevates the risk of both physical and mental health issues among officers. Implementing wellness programs that include regular health assessments, mental health resources, fitness programs, and nutritional guidance can lead to improved officer well-being, enhanced job performance, and increased morale. Moreover, such initiatives not only help in reducing long-term healthcare costs by preventing serious health issues but also foster a supportive work environment that emphasizes the importance of health and safety. Ultimately, these programs are crucial in ensuring that officers are prepared to handle the rigors of their roles, enhancing both community safety and trust in law enforcement.

Aligned with the Modesto Police Department’s strategic goal of focusing on the health and wellness of our employees, Sigma Tactical Wellness provides specialized health assessments tailored to meet the unique needs of first responders, focusing on early detection and prevention of cardiovascular and metabolic conditions. Their services include advanced diagnostic tests such as Exercise Electrocardiograms (ECG) with physician interpretation, Cardiometabolic Stress Tests with Expiratory Gas Analysis, and Carotid Intima-Media Thickness (CIMT) Ultrasound screenings. Additionally, they employ innovative techniques to identify unique biomarkers associated with cardiac inflammatory responses, which are critical for predicting cardiovascular risks. These comprehensive assessments are complemented by in-depth consultations with exercise physiologists and nutritional analysis, providing first responders with personalized health and wellness plans designed to optimize their long-term health and performance in their demanding roles. This strategic investment not only supports individual officer health but also enhances overall departmental readiness and reduces long-term healthcare costs.

Sigma Tactical Wellness makes screening convenient by conducting their comprehensive health screenings directly on-site at police department facilities. This approach minimizes disruptions to officers' schedules and eliminates the need for travel, making it easier for departments to ensure widespread participation. By bringing their specialized services, including advanced diagnostics and health assessments, directly to the officers, Sigma Tactical ensures that first responders have easy and immediate access to crucial health interventions right where they work.

Other companies were examined, including Precision Health Reports, Angioscreen, and Lifeline Screening. Precision Health Reports is not an on-site screening, which would cause staff to need to travel to local blood screening locations for a blood draw and then again later for the results. Additionally, Angioscreen does not provide onsite cardiometabolic exercise testing. Both Angioscreen and Lifeline Screening provide on-site screening, but do not include cardiometabolic testing or blood testing. Their screening is a simple scan of arteries to detect blockages. None of these services offer inflammatory biomarker analysis, which is capable of detecting coronary artery disease in its very early stages.

Sigma Tactical Wellness has been adopted by several law enforcement agencies across the nation, highlighting its effectiveness in boosting the health and wellness of first responders. In California, prominent departments such as the San Francisco Police Department, Los Angeles #17..
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City Council, June 11, 2024
Sigma Tactical Wellness Health Screening

Page 3 of 4 ends

County Sheriff's Department, San Diego Police Department, Livermore Police Department, and the Stanislaus County Sheriff's Office have incorporated Sigma Tactical Wellness’s services.

These agencies have seen significant benefits from the program’s thorough health assessments and customized wellness strategies, showcasing Sigma Tactical Wellness's capability to enhance officer health and operational readiness in a variety of law enforcement settings.

Selecting Sigma Tactical Wellness's services will provide vital benefits such as improved health outcomes and operational readiness, reduced healthcare costs through preventive care, and enhanced morale and job satisfaction among officers. The specialized assessments are designed to address the unique physical and psychological demands faced by our officers, supporting their ability to serve effectively. This initiative is a crucial step towards fulfilling our commitment to prioritizing the well-being of our personnel, ensuring they are fit, healthy, and ready to meet the challenges of their duties.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. 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 for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Here, Sigma Tactical should be exempt from the formal bidding procedure in accordance with MMC 8-3.204(d) as the department’s research has shown that at current, no other alternative can match the price, quality and scope of work offered. Therefore, staff recommends an agreement for the comprehensive heart health assessments for first responders with Sigma Tactical should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-

3.204(d) as Sigma Tactical Wellness’s unique and specialized services for first responders is unmatched.

FISCAL IMPACT:

Funding for the purchase of Sigma Tactical Screening, and any associated costs, is not to exceed $115,464 and will be purchased with funds from the Byrne Justice Assistance Grant (BJAG). The funding in this grant covers approximately half of the department’s personnel which is what the Department is seeking to procure at this time. Any future screening agreements will come before the Council once funding has been identified. This purchase will not impact the General Fund.

COMMITTEE RECOMMENDATION:

This item was presented to the Safety and Communities Committee on May 13, 2024, and the committee recommended forwarding this item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Sigma Tactical Wellness, Austin, Texas, for comprehensive heart health assessments for first responders for a total amount not to exceed $115,464; and authorizing the City Manager, or his designee, to execute the Agreement. #17..
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City Council, June 11, 2024
Sigma Tactical Wellness Health Screening

Page 4 of 4 ends

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement

3. Signed Bid Waiver
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-?

RESOLUTION APPROVING THE AGREEMENT WITH SIGMA TACTICAL

WELLNESS, AUSTIN, TEXAS, FOR COMPREHENSIVE HEART HEALTH

ASSESSMENTS FOR FIRST RESPONDERS FOR A TOTAL NOT TO EXCEED $115,464; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO EXECUTE THE AGREEMENT
WHEREAS, recognizing the importance of the health and well-being of personnel, the Modesto Police Department established a wellness committee in 2023; and WHEREAS, this committee researches and addresses several initiatives related to employee health and wellness; and
WHEREAS, member of the Wellness committee researched companies who provide advanced cardiovascular and metabolic screenings designed around the unique physiological and psychological profiles of law enforcement personnel, and WHEREAS, the Modesto Police Department applied for and received funding from the Edward Byrne Memorial Justice Assistance Grant to evaluate and secure a vendor to conduct comprehensive heart health screenings; and WHEREAS, the Wellness committee found that Sigma Tactical Wellness provides comprehensive screenings in line with what the Wellness committee found beneficial; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment or contractual service to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the #17..
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2 desired quality.” Sigma Tactical Wellness is exempt from the formal bidding procedures as Sigma Tactical Wellness provides a unique and specialized service for first responders.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto approves an agreement with Sigma Tactical Wellness for comprehensive heart health assessments for First Responders for a total not to exceed $115,464.

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

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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SERVICES AGREEMENT
This Services Agreement (“Agreement”) is entered into as of _______________(the “Effective Date”) by _______________________ (“Client”) and JS MD Sigma PLLC (“Sigma”). Client and Sigma may be referred to individually as a “Party” and collectively as the “Parties.” The Parties agree as follows:

1. SIGMA’S SERVICES. Sigma will perform the services as specified in Exhibit A (collectively, the “Services”).

2. BILLING, TAXES, AND INSURANCE

2.1. As consideration for the Services provided, Client shall pay Sigma fees in accordance with the fee schedule set forth in Exhibit A (“Fee Schedule”). Unless otherwise provided in the Fee Schedule, Sigma will invoice Client for the Services provided, and Client shall pay Sigma’s invoices within thirty (30) days of receipt of invoice. Any late payment will be subject to an interest penalty of the lower of: (a) one percent (1.0%) per month or (b) the maximum rate permissible by law, until paid in full. Client shall complete the Account Setup Form attached hereto as Exhibit B and provide other billing information requested by Sigma.

2.2. Client is responsible for payment of all taxes (including without limitation sales tax) imposed by any federal, state or local governmental entity on the transactions contemplated by this Agreement, excluding only Sigma’s income taxes.

2.3. Both Parties shall maintain at their sole cost and expense during the term of this Agreement adequate insurance customary to each Party’s operations. Each Party shall furnish to the other Party, at such Party’s request, certificates of insurance or other adequate evidence of coverage.

2.4. Sigma 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 of Modesto as may be required by the City Clerk of the City of Modesto. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City of Modesto by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage; general aggregate limit of $2,000,000. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of #17..
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$1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation – in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.
d. Medical Malpractice Insurance – Sigma Tactical agrees to procure and maintain medical malpractice insurance in the minimum amount of $1,000,000 during the term of this Contract. Said policy shall provide coverage for liability imposed by law or contract arising out of an error, omission or negligent act in the performance, or lack thereof, of professional services and any physical property damage, bodily injury or death resulting there from, with a limit of not less than $1,000,000 per claim and in the aggregate. The insurance shall include a vicarious liability endorsement to indemnify, defend, and hold harmless City of Modesto for claims arising out of covered medical professional services and shall have an extended reporting period of not less than five years. That policy retroactive date coincides with or precedes Sigma’ s start of work (including subsequent policies purchased as renewals or replacements). If the policy is terminated for any reason during the term of this Agreement, Sigma shall either purchase a replacement policy with a retroactive date coinciding with or preceding the retroactive date of the terminating policy, or shall purchase an extended reporting provision of at least five years to report claims arising from work performed in connection with this Agreement and a replacement policy with a retroactive date coinciding with or preceding the expiration date of the terminating policy.

If this Agreement is terminated or not renewed, Sigma shall maintain the policy in effect on the date of termination or non-renewal for a period of not less than five years there from. If that policy is terminated for any reason during the five-year period, Sigma shall purchase an extended reporting provision at least covering the balance of the five year period to report claims arising from work performed in connection with this Agreement or a replacement policy with a retroactive date coinciding with or preceding the retroactive date of the terminating policy.

All policies of insurance shall provide for the following:
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a. Name the City of Modesto, members of the City Council, its officers, agents and employees, as additional insureds except with respect to Workers’ Compensation and Professional Liability.
b. Be primary and non-contributory with respect to all obligations assumed by Sigma pursuant to this Agreement or any other services provided. Any insurance carried by the City of Modesto shall not contribute to, or be excess of insurance maintained by Sigma, nor in any way provide benefit to Sigma, its affiliates, officers, directors, employees, subsidiaries, parent company, if any, or agents.
c. Be issued by insurance carriers with a rating of not less than A VII, as rated in the most currently available “Best Insurance Guide.”
d. Include a severability of interest clause and cross-liability coverage where City of Modesto is an additional insured.
e. Provide a waiver of subrogation in favor of the City of Modesto, members of the City Council, its officers, agents and employees, and agents, for losses arising from work performed by Sigma for the City of Modesto.

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

Upon failure of the Sigma to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City of Modesto, may be forthwith declared suspended, or terminated. Failure of Sigma to obtain and/or maintain any required insurance shall not relieve the Sigma from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of Sigma concerning indemnification. The City of Modesto, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation. #17..
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Upon execution of this Agreement and each extension of the Term thereafter, Sigma shall cause its insurers to issue certificates of insurance evidencing that the coverages and policy endorsements required under this Agreement are maintained in force and that not less than 30 days written notice shall be given to City of Modesto prior to any material modification, cancellation, or non-renewal of the policies.

Certificates shall expressly confirm at least the following: (i) the City of Modesto’s additional insured status on the general liability, and auto liability policies; (ii) and the waiver of subrogation applicable to the workers’ compensation and professional liability policies. Sigma shall also furnish the City of Modesto with endorsements effecting coverage required by this insurance requirements clause. The endorsements are to be signed by a person authorized by the Insurer to bind coverage on its behalf. The certificate of insurance and all required endorsements shall be delivered to the City of Modesto.

Unless otherwise agreed by the parties, Sigma shall cause all of its subcontractors to maintain the insurance coverages specified in this Insurance section and name Sigma as an additional insured on all such coverages. Evidence thereof shall be furnished as the City of Modesto may reasonably request.

The coverage types and limits required pursuant to this Agreement shall in no way limit the liability of Sigma.

3. CLIENT’S OBLIGATIONS

3.1. Client shall (i) allow Sigma to conduct presentations and workshops to educate Client and its workforce regarding the services offered by Sigma; (ii) be responsible for providing, at no cost to Sigma, all equipment, facilities, supplies, utilities, including high-speed internet and telephone service, and other services as Sigma shall reasonably determine from time to time to be necessary for the performance of Services. Client shall consult and collaborate with Sigma with respect to operational needs related to equipment, facilities, supplies, utilities, and other services to be provided pursuant to this Section.

3.2. Client shall be solely responsible for ensuring that all required patient consents and/or acknowledgments are obtained and documented in accordance with best practices and applicable laws and shall inform Sigma immediately of all communications received from regulatory authorities, notices of claims or potential claims related to any Services, and forward any written communications related thereto to Sigma. #17..
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4. COLLABORATION. Client will meet with Sigma from time to time as requested to collaborate and coordinate on the delivery of the Services.

5. QUALITY AND COMPLIANCE

5.1. Each Party shall comply with all applicable laws and regulations in effect.

5.2. Client agrees to maintain books, records and accounts relating to the receipt of the Services, and Sigma and its auditors shall be provided reasonable access to such books, records, and accounts and the right to perform a limited business review to verify compliance with this Agreement.

5.3. The Parties agree that (i) the benefits to each Party under this Agreement do not require, are not payment for, and are not in any way contingent upon referring an individual to a person for the furnishing or arranging for the furnishing of any health care item or service or ordering of any health care item or services; and (ii) the compensation payable under this Agreement is based solely on the fair market value for the Services provided and not upon the volume or value of referrals or any business, if any, generated between the Parties.

5.4. Nothing in these terms and conditions shall be construed as permitting Client to exercise control over the professional judgment or professional methods of Sigma and its professionals.

6. INTELLECTUAL PROPERTY

6.1. Sigma owns all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, and all other intellectual property rights of any sort throughout the world) in and to the Services and documentation and derivative works thereof. Any use by Client of Sigma’s then-current names, marks, logos, and other identifiers for the Services (i) requires Sigma’s prior written approval, (ii) shall comply with Sigma’s standards and usage guidelines for such use, and (iii) shall cease upon expiration or termination of this Agreement.

6.2. Client agrees to comply with Sigma’s branding guidelines with respect to the Services. Client shall not issue any press releases or similar public communication relating to this Agreement or the Services without the prior written approval of Sigma.

7. CONFIDENTIALITY

7.1. The Parties shall each take all reasonable efforts to ensure that this Agreement and any information related to the business, plans, technology, products or other information of the other Party acquired by virtue of this Agreement shall be kept confidential and shall not be disclosed or made use of except as necessary for the acquiring Party to perform its obligations under this Agreement. The provisions of this clause shall not apply to the extent that the information (i) is required to be used or disclosed to comply with applicable laws or regulations or with a court order, (ii) was in the public domain prior to its use or disclosure, (iii) was #17..
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Services Agreement
independently developed or discovered without use of the other Party’s confidential information, or (iv) was revealed by a third party having no obligation of confidentiality with regard to the information.

7.2. The Parties shall protect the privacy of all patient health information in accordance with the Privacy and Security Rules promulgated under the Health Insurance Portability and Accountability Act (“HIPAA”) as well as other applicable federal and state laws. A Party having knowledge of any unauthorized or improper uses or disclosures made while performing hereunder shall promptly report such unauthorized use or disclosure to the other Party.

8. DISCLAIMERS AND LIMIT OF LIABILITY

9. INDEMNITY: Sigma shall hold the City of Modesto, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Sigma, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this agreement. Sigma’ s obligation to defend, indemnify, and hold the City of Modesto, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this agreement for Sigma Tactical to procure and maintain a policy of insurance.

10. SIGMA DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT (I) THE

RESULTS OF THE SERVICES SHALL BE FIT FOR ANY PARTICULAR PURPOSE, OR (II) THE SERVICES WILL PRODUCE A PARTICULAR RESULT OR BE 100% SUCCESSFUL OR ACCURATE.

10.1 In the event of any deficiently performed Services, Client’s initial remedy against Sigma in such instance shall be for Sigma to re-perform the Services at its own cost, and Sigma’s total liability to Client (whether for breach of contract, negligence or otherwise) with respect to the Services under the Agreement shall be limited to the revenue it received from Client during this Agreement. Except for damages arising out of willful or reckless conduct or a violation of applicable law, neither Party shall be liable to the other for indirect, incidental, consequential, exemplary or special damages, including without limitation damages for lost profit, regardless of the form of action, whether contract, warranty, strict liability or tort.

10.2 Client represents and warrants that, as of the Effective Date and during the term of this Agreement: (i) Client possesses and agrees to maintain all licenses, registrations and approvals necessary for its performance of this Agreement, and (ii) Client is not precluded by any contract or other obligation from entering into or performing under this Agreement.

11. TERM AND TERMINATION

1. The initial term of this Agreement commences on the Effective Date and terminates upon the completion of the Services or _______________, whichever occurs first. 04-10-2025 #17..
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Services Agreement

2. Either Party may terminate this Agreement without cause upon sixty (60) days’ prior written notice. A Party may terminate this Agreement upon providing the other Party written notice of breach of this Agreement by the other Party, if the other Party fails to cure the breach within fifteen (15) days of receiving the notice of breach. In the event of termination of this Agreement, all compensation for Services performed prior to the date of termination shall be payable to Sigma in accordance with this Agreement.

1. All obligations of a Party set forth in this Agreement that by their nature continue beyond expiration, termination, or cancellation of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality requirements and ownership and property rights) shall survive any such expiration, termination or cancellation shall survive expiration, termination, or cancellation of this Agreement for any reason.

2. NOTICES. Any notices, demands or consents required or permitted under this Agreement (“Notices”) shall be in writing in English, addressed as set forth below, and deemed effectively given: (a) upon personal delivery (with signature evidence of delivery); (b) upon delivery confirmation if sent by prepaid first class registered or certified mail (return receipt requested), or by an internationally-recognized express courier service (providing evidence of delivery); or (c) upon the date of transmission (or the next business day, if it is not a business day), if sent by facsimile or email.

If to Sigma: JS MD Sigma PLLC
1 Championship Drive
Austin, TX 78738
If to Client: _________________________________
__________________________________
__________________________________

1. MISCELLANEOUS. The Parties shall be independent contractors in their performance under this Agreement. This Agreement (including the exhibits attached hereto) constitutes the entire agreement between the Parties with regard to the subject matters hereof and may not be amended or modified without each Party’s agreement in writing.

Neither Party may assign or transfer this Agreement and/or the rights and obligations hereunder except that Sigma may assign this Agreement to its affiliates or in connection with the transfer or sale of all or substantially all of its assets, or the assets which are the subject matter of this Agreement, or its merger with another entity. Subject to the foregoing, this Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the Parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. Except as otherwise expressly provided herein, the provisions of this Agreement are for the benefit of the Parties hereto and not for any other person or entity.
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Signature page follows
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Services Agreement
JS MD Sigma PLLC
By: ____________________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
CLIENT
By: _____________________________ By:_____________________________ Name: ________________________ Name:__________________________ Title: _________________________ Title:___________________________ Date: __________________________ Date:________________________ Jonathan Sheinberg
CMO
04-11-2024
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Services Agreement
Exhibit A

SERVICES
The following shall constitute the “Services” for purposes of this Agreement:
• The provision of cardiovascular and metabolic screening to Clients’ workforce members and/or their beneficiaries. Each such screening scheduled to be provided by Sigma to one of Client’s workforce members and/or their beneficiaries is herein referred to as an “Encounter”).

FEE SCHEDULE
Client shall for members of the ____________________________________________ only, pay Sigma [$849] [$849 to be paid for each covered participant] for each cardiovascular and metabolic screening associated with an Encounter that is either:
• Fully rendered by Sigma;
• Initiated but not fully rendered at the request or demand of Client or the workforce member/beneficiary; or • Not fully rendered by Sigma due to the health condition of the workforce member/beneficiary at the time of presenting for the screening.
• Not rendered by Sigma due to the Encounter being canceled by Client, or the workforce member/beneficiary, within 24 hours of the date and time the screening was scheduled by Sigma to be provided; • Lab draw completed on individual and no show or appointment cancelled less than 24hrs prior to screening appointment.

Each of the above Encounters shall be deemed a “Payable Encounter” for purposes of this Agreement.

Maximum Budget not to exceed ___________________
Client shall be invoiced and will prepay Sigma for the number of scheduled or reasonably anticipated cardiovascular and metabolic screenings to be provided by Sigma based on the number of Encounters. Invoicing will be sent immediately after lab draws are completed. Sigma will refund Client for any amounts prepaid by Client for any Encounter that after the completion of the Services does not qualify as a Payable Encounter, promptly upon termination of this Agreement.

Final aggregate data report will be delivered within 7 days of receipt of payment and completion of program. (Note: some data may not be available when enrollment numbers are low due to participant privacy concerns) Labs drawn at a patient service centerLabs drawn at a Patient Service Center (PSC), outside of pre scheduled department lab draws will incur an additional fee of $25 per participant to be paid by:

Department Participant
Clinician appointments cancelled less than 24hrs in advance or 'no show' appointments will be charged a rescheduling fee of $25 payable by:
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Department Participant
Exceptions may be granted at the discretion of Sigma representative ie, Line of duty needs #17..
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Services Agreement
Exhibit B
Account Set-up Form
Client General Information
Client Legal Name
Street Address
City, State, Post Code
Emergency Contact: Telephone:

Email: Tax ID#:

Billing Information
To whose individual attention should invoices be sent?
At what address?
Telephone: Email:
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Dianne Love (Apr 10, 2024 15:52 PDT) Dianne Love Dianne Love Apr 10, 2024 DeAnna Christensen Apr 10, 2024 Holly Gonzales Holly Gonzales 4/10/24 Precision Health Reports, Angioscreen and Lifeline screening were also examined but it was determined that Precision Health Reports is not an on-site screening and Angioscreen and Lifeline do not provide cardiometabolic exercise testing or blood testing. #17..
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Bid Waiver - Sigma
Final Audit Report 2024-04-11
Created: 2024-04-10
By: Juana Lynch ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAc929eYpCnFlqnULMzaN6cnVV4O2UALOm "Bid Waiver - Sigma" History
Document created by Juana Lynch ([email protected]) 2024-04-10 - 10:07:57 PM GMT
Document emailed to [email protected] for signature
2024-04-10 - 10:08:56 PM GMT
Email viewed by [email protected]
2024-04-10 - 10:49:17 PM GMT
Signer [email protected] entered name at signing as Dianne Love 2024-04-10 - 10:52:37 PM GMT
Document e-signed by Dianne Love ([email protected]) Signature Date: 2024-04-10 - 10:52:39 PM GMT - Time Source: server Document emailed to DeAnna Christensen ([email protected]) for signature 2024-04-10 - 10:52:42 PM GMT
Email viewed by DeAnna Christensen ([email protected]) 2024-04-11 - 1:34:15 AM GMT
Document e-signed by DeAnna Christensen ([email protected]) Signature Date: 2024-04-11 - 1:35:08 AM GMT - Time Source: server Agreement completed.
2024-04-11 - 1:35:08 AM GMT
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 11, 2024
Date: May 16, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: State Water Resources Control Board Grant Applications:

Small Community Funding Program: Clean Water/Wastewater Safe and Affordable Funding for Equity and Reliance Program Stanislaus Elementary School Water and Sewer Line Extension Projects CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider approving the submission of grant applications to the State Water Resources Control Board’s Small Community Funding Program: Clean Water/Wastewater and Safe and Affordable Funding for Equity and Reliance Program for the Stanislaus Elementary School Water and Sewer Line Extension Projects. (Funding Source: Water and Sewer 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:

Stanislaus Elementary School is located at 1931 Kiernan Ave, about one mile outside the Modesto City limits within Stanislaus County. The School’s sole source of potable water is groundwater provided by a single well located on site. In the Spring of 2019 the Stanislaus Union School District (School District) was issued a compliance order (DER-19R-006) by Stanislaus County’s Department of Environmental Services notifying them that the School’s water system was in violation of the California Safe Drinking Water Act for containing levels of 1,2,3 Trichloropropane (1,2,3 TCP) above the maximum contaminate level allowed by the California Health and Safety Code and the California Code of Regulations and that they would need to seek out and implement a viable long-term water system solution or risk facing citations, penalties and the suspension or revoking of their drinking water permit.

In 2022 the School District, through Self-Help Enterprises (Self-Help), approached City staff about the City’s willingness to be considered as a potential supplier of water services in a Feasibility Study that was being conducted by their engineering consultant, Ardurra. The study included a Technical Memorandum prepared by West Yost Associates in 2023 summarizing a hydraulic #18..
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City Council, June 11, 2024
State Water Resources Control Board Grant Applications:

Small Community Funding Program: Clean Water/Wastewater Safe and Affordable Funding for Equity and Reliance Program Stanislaus Elementary School Water and Sewer Line Extension Projects

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evaluation of the City’s water system ability to provide for the current and future projected needs of the school along with meeting fire flow requirements. The Study concluded that establishing City service could be a viable long-term water system solution.

DISCUSSION:

The School District is in the process of having a new school designed to replace the existing Stanislaus Elementary School, which is scheduled to be demolished upon completion of the new facility. In addition to needing to secure a reliable source of potable water to serve the approximately 400 students and staff members, the School District is also interested in working with the City to provide sewer service to the new buildings, allowing them to remove the aging septic system on the property, as part of their larger project. City staff has determined that there is adequate sewer system capacity to serve the School.

The water and sewer projects will be extending utilities into currently undeveloped areas to serve the School. As the parcel where the current and future school is located will not be annexed into the City, Staff is working with LAFCo on the necessary approvals.

Self-Help, in coordination with the School District, has secured grant funding to cover the costs associated with the design phases of both the water and sewer projects, and upon receiving Council approval, will apply for construction phase grant funding on behalf of the City. There is no local match requirement associated with the anticipated grant funding.

FISCAL IMPACT:

Estimated project costs are as follows:

Project 101569 Carver Road Sewer Extension
Stanislaus Elementary School Sewer Main Project
Grant Program Small Community Funding Program: Clean Water/Wastewater Construction $3,000,000
Construction Contingency $300,000
Construction Administration $300,000
Engineering/Design/Administration $100,000
Sewer Subtotal $3,700,000
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City Council, June 11, 2024
State Water Resources Control Board Grant Applications:

Small Community Funding Program: Clean Water/Wastewater Safe and Affordable Funding for Equity and Reliance Program Stanislaus Elementary School Water and Sewer Line Extension Projects

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Project 101571 Kiernan Ave Water Main Ext
Stanislaus Elementary School 123-TCP Mitigation Project Grant Program Safe and Affordable Funding for Equity and Reliance Program

COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the meeting held on April 29, 2024, where it was recommended that it be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

The School District’s engineering consultant, Ardurra, will be overseeing the initial studies to determine the project requirements under CEQA and will be responsible in delivering final documents.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the submission of a Safe and Affordable Funding for Equity and Reliance Program grant application to the State Water Resources Control Board to fund the Kiernan Avenue Water Main Extension Project (Stanislaus Elementary School 123-TCP Mitigation Project), authorizing the City Manager, or his designee, to enter into the associated grant agreement and execute all related documents.

Resolution approving the submission of a Small Community Funding Program: Clean Water/Wastewater grant application to the State Water Resources Control Board to fund the Carver Road Sewer Extension Project (Stanislaus Elementary School Sewer Main Project), authorizing the City Manager, or his designee, to enter into the associated grant agreement and execute all related documents.

Approved by:

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

1. Resolutions (2)

2. Stanislaus Elementary School Water and Sewer Line Extension Project Map Construction $5,000,000
Construction Contingency $500,000
Construction Administration $500,000
Engineering/Design/Administration $100,000
Water Subtotal $6,100,000
Total $9,800,000
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING THE SUBMISSION OF A SAFE AND AFFORDABLE

FUNDING FOR EQUITY AND RELIANCE PROGRAM GRANT APPLICATION TO

THE STATE WATER RESOURCES CONTROL BOARD TO FUND THE KIERNAN

AVENUE WATER MAIN EXTENSION PROJECT (STANISLAUS ELEMENTARY SCHOOL 123-TCP MITIGATION PROJECT), AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO ENTER INTO THE ASSOCIATED GRANT

AGREEMENT AND EXECUTE ALL RELATED DOCUMENTS

AUTHORIZED REPRESENTATIVE RESOLUTION
WHEREAS, Stanislaus Elementary School (School) is located at 1931 Kiernan Ave, about one mile outside the Modesto City limits within Stanislaus County, and WHEREAS, the School’s sole source of potable water is groundwater provided by a single well located on site, and
WHEREAS, in the Spring of 2019 the Stanislaus Union School District (School District) was issued a compliance order (DER-19R-006) by Stanislaus County’s Department of Environmental Services notifying them that the School’s water system was in violation of the California Safe Drinking Water Act, and
WHEREAS, the State notified the School District that they would need to seek out and implement a viable long-term water system solution or risk facing citations, penalties and the suspension or revoking of their drinking water permit, and WHEREAS, in 2022 the School District, through Self-Help Enterprises (Self-Help), approached City staff about the City’s willingness to be considered as a potential supplier of water services in a Feasibility Study (Study) that was being conducted by their engineering consultant, Ardurra, and
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2 WHEREAS, the Study concluded that establishing City service could be a viable long-term water system solution, and
WHEREAS, the School District is in the process of having a new school designed to replace the existing Stanislaus Elementary School, which is scheduled to be demolished upon completion of the new facility, and
WHEREAS, Self-Help, in coordination with the School District, has secured grant funding to cover the costs associated with the design phases of both the water and sewer projects, and upon receiving Council approval, will apply for construction phase grant funding on behalf of the City for approximately $6,100,000, and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto, as follows:

The City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design and construction of the Kiernan Avenue Water Main Extension Project (Stanislaus Elementary School 123-TCP Mitigation Project) (the “Project”).

This Authorized Representative, or his designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

The Authorized Representative, or his designee, is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying #18..
- 1114 -
3 disbursement requests on behalf of the City and compliance with applicable state and federal laws.

CERTIFICATION
I do hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly introduced at a meeting of the Council of the City of Modesto held on the 11th of June, 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
#18..
- 1115 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING THE SUBMISSION OF A SMALL COMMUNITY FUNDING PROGRAM: CLEAN WATER/WASTEWATER GRANT APPLICATION TO

THE STATE WATER RESOURCES CONTROL BOARD TO FUND THE CARVER

ROAD SEWER EXTENSION PROJECT (STANISLAUS ELEMENTARY SCHOOL

SEWER MAIN PROJECT), AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO ENTER INTO THE ASSOCIATED GRANT AGREEMENT AND

EXECUTE ALL RELATED DOCUMENTS

AUTHORIZED REPRESENTATIVE RESOLUTION
WHEREAS, Stanislaus Elementary School (School) is located at 1931 Kiernan Ave, about one mile outside the Modesto City limits within Stanislaus County, and WHEREAS, the School’s existing sewer system is comprised of an on-site septic system, and
WHEREAS, the Stanislaus Union School District (School District) is in the process of having a new school designed to replace the existing School, which is scheduled to be demolished upon completion of the new facility, and
WHEREAS, the School’s septic system would no longer be able to provide wastewater management for the School’s existing and future demand, and WHEREAS, in addition to needing to secure a reliable source of potable water to serve the approximately 400 students and staff members, the School District is also interested in working with the City to provide sewer service to the new buildings, allowing them to remove the aging septic system on the property, as part of their larger project, and WHEREAS, in 2022 the School District, through Self-Help Enterprises (Self-Help), approached City staff about the City’s willingness to be considered as a provider of wastewater collection services through a new pipeline extension, and #18..
- 1116 -
2 WHEREAS, City staff has determined that there is adequate sewer system capacity to serve the Stanislaus Elementary School, and
WHEREAS, Self-Help, in coordination with the School District, has secured grant funding to cover the costs associated with the design phase of the sewer project, and upon receiving Council approval, will apply for construction phase grant funding on behalf of the City, and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto, as follows:

The City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design and construction of the Carver Road Sewer Extension Project (Stanislaus Elementary School Sewer Main Project) (the “Project”) for approximately $3,700,000.

The Authorized Representative, or his designee, is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

CERTIFICATION
I do hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly introduced at a meeting of the Council of the City of Modesto held on the 11th of #18..
- 1117 -
3 June, 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
#18..
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Stanislaus Elementary School Utilities Extension Projects March 14, 2024
0 0.1 0.2 0.4 mi
0 0.17 0.35 0.7 km
1:9,600
Web AppBuilder for ArcGIS
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- 1119 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 11, 2024
Date: May 20, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Emergency Bypass for Screw Pumps Repairs as Complete CONTACT: Jeff Daniels, Acting Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider accepting the Emergency Bypass for Screw Pumps Repairs as complete, and authorizing all payments to Rain for Rent, Stockton, CA, for a total cost of $204,628. (Funding Source: Sewer Operations Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

City of Modesto uses four proprietary internal-lift screw pumps, designed, and manufactured by Evoqua Water Technologies, to pump incoming wastewater from the City’s collections system into the headworks of the Regional Water Recycling Facility – Sutter Campus (Sutter Facility).

Each of these pumps are capable of pumping 26 million gallons per day (MGD), and these screw pumps were at the end of their life cycle.

On September 14, 2021, Council approved the sole source procurement for the replacement of two Internal-lift Screw Pumps at the Sutter Wastewater Treatment Plant from Evoqua Water Technologies, of Thomasville, GA, for an estimated cost of $1,787,560 plus $168,670 in contingency (if needed), for a total amount not to exceed $1,956,230 and authorized the Purchasing Manager or her designee to issue a purchase order. The City contracted with Evoqua Water Technologies for the replacement of two screw pumps, via Purchase Order (PO) 211023.

Pump #2 and Pump #3 were selected as the first two pumps to be replaced because they were in the worst condition. This project was intentionally planned during the dry season with the completion due before the rainy season. The project for the removal of Pump #2 started on April 17, 2023, and the new replacement for Pump #2 was installed and placed into service. Pump #2 #19..
- 1120 -
City Council, June 11, 2024
Accept Emergency Bypass for Screw Pumps Repairs as Complete

Page 2 of 3 ends

ran for 28 days and ultimately failed due to a bolt failure on the flange that secures the pump to the upper bearing. On May 22, 2023, Pump #3 was then removed, the replacement was installed and placed into service. This pump ran for three days and ultimately failed for the same reason as Pump #2.

During average dry weather flow, the Sutter Facility pumps an average of 20 MGD with a peak of 30 – 35 MGD. This means the plant regularly requires two pumps to handle peak daily flows.

During the city’s rainy, wet weather season (typically between October through March) the Sutter Facility experiences peak flows of more than 80 MGD, which requires all four pumps to be in operation. It was predicted the 2024 rainy season would be an El Nino year, with above average rainfall. Due to the impacts of excessive precipitation (inflow and infiltration, otherwise known as “I&I”) into the sewer collection system, all four pumps are used to push excess water through the Sutter Plant to the Jennings Plant to reduce the impacts of surcharging or sanitary sewer overflows (within the City and at the Sutter Facility headworks facilities).

Due to the unforeseen delay in the completion of the project, Staff determined that a temporary solution, and the ability to provide redundancy, was necessary ahead of the 2024 rainy season.

On August 30, 2023, City Staff requested an Emergency PO 256808 to put a pumping bypass system in place of the two missing pumps that were being repaired.

On October 30, 2023, Pump #2 was removed, repaired, and reinstalled. Due to the previous failures, Staff required that Pump #2 run for four to six weeks to verify its performance before removing Pump #3 for repair. Pump #3 was removed on November 27, 2023, repaired, and reinstalled on January 15, 2024. This timeframe pushed the treatment plant into the rainy season, posing a risk without all pumps available for anticipated wet weather flows.

DISCUSSION:

Given the immediate need for an emergency bypass for the screw pumps, the typical bidding process could not be followed. The emergency PO 256808 for Rain-for-Rent provided Plant Operations and Maintenance staff the ability to pump domestic wastewater through the Cannery Segregation pump station and discharge to the headworks for treatment. Without the emergency bypass, the existing configuration of the Cannery Segregation pump station would have required a bypass of treatment at the Sutter Facility, resulting in the shutdown of the tertiary plants at the Regional Water Recycling Facility - Jennings Campus, loss of water sales to the North Valley Regional Recycled Water Project and run the risk of violating our discharge permits. The emergency PO was needed so the vendor could order parts that had a four-to-six-week lead time on some of the components during the beginning of the wet weather season.

Modesto Municipal Code, 8-3.102(e) allows the City Manager to approve and authorize contracts for projects that are of urgent necessity for the preservation of life, health, and property and for staff to report to Council on emergency repairs. On August 30, 2023, the Purchasing Manager and City Manager were informed of the internal-lift screw pump replacement failure and the need to declare an emergency for a Sutter bypass for the screw pumps. Staff requested to expedite a purchase order to construct a bypass for the re-routing of wastewater flows. On September 1, 2023, an Emergency PO was approved by the City Manager.

Staff recommends the repairs for acceptance as the contractor has complied with all contract requirements for the project.
#19..
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City Council, June 11, 2024
Accept Emergency Bypass for Screw Pumps Repairs as Complete

Page 3 of 3 ends

FISCAL IMPACT:

The total construction repair costs were $204,628 which included all parts and construction labor.

There are sufficient funds to pay for these costs in the Fiscal Year 23-24 Sewer Operations fund.

EMERGENCY BYPASS COSTS
Install $21,300
Delivery
Environmental Fee
Parts
Rental
Taxes
$7,216
$133
$152,534
$9,100
$14,345
TOTAL COSTS $204,628
COMMITTEE RECOMMENDATION:

Due to urgent nature of the action needed, as noted above, this item was not presented to Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Emergency Bypass for Screw Pumps repairs as complete, and authorizing all payments to Rain for Rent, Stockton, CA, for a total cost not to exceed $204,628, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

Approved by:

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

1. Resolution

2. Bid Waiver

3. Rain for Rent PO 256808

4. Rain for Rent Invoice
#19..
- 1122 -
1 2024-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION ACCEPTING THE EMERGENCY BYPASS FOR SCREW PUMPS

REPAIRS AS COMPLETE, AND AUTHORIZING ALL PAYMENTS TO RAIN FOR RENT, STOCKTON, CA, FOR A TOTAL COST NOT TO EXCEED $204,628,

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the City of Modesto uses four proprietary internal-lift screw pumps (designed and manufactured by Evoqua Water Technologies) to pump incoming wastewater from the City’s collections system into the headworks of the Regional Water Recycling Facility - Sutter Campus; and
WHEREAS, Pump #2 and Pump #3 were selected as the first two pumps to be replaced because they were in the worst condition. This project was intentionally planned during the dry season with the completion due before the rainy season; and WHEREAS, the project for the removal of Pump #2 started on April 17, 2023, and the new replacement for Pump #2 was installed and placed into service. Pump #2 ran for 28 days and ultimately failed due to a bolt failure on the flange that secures the pump to the upper bearing; and
WHEREAS, on May 22, 2023, Pump #3 was then removed, the replacement was installed and placed into service. This pump ran for three days and ultimately failed for the same reason as Pump #2; and
WHEREAS, due to the unforeseen delay in the completion of the project, Staff determined that a temporary solution, and the ability to provide redundancy, was necessary ahead of the 2024 rainy season; and
WHEREAS, on August 30, 2023, City Staff requested an Emergency PO 256808 to put a pumping bypass system in place of the two missing pumps that were being #19..
- 1123 -
2 2024-xxx
repaired; and
WHEREAS, Modesto Municipal Code, 8-3.102. allows the City Manager to approve and authorize contracts for projects that are of urgent necessity for the preservation of life, health and property and for staff to report to Council on emergency repairs. On Wednesday, August 30, 2023, the Purchasing Manager and City Manager were informed of the internal-lift screw pump replacement failure and the need to declare an emergency for a Sutter bypass for the screw pumps. Staff requested the to expedite a PO to construct a bypass for the re-routing of wastewater flows; and WHEREAS, on Friday, September 1, 2023, an Emergency PO was approved by the City Manager; and
WHEREAS, staff recommends the repairs for acceptance as the contractor has complied with all contract requirements for the project.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the Sutter Emergency pumping bypass for screw pumps as complete and authorizes a payment not to exceed $204,628 to Rain for Rent, Stockton, CA.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June, 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:
#19..
- 1124 -
3 2024-xxx
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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#19..
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#19..
- 1142 -
#19..
- 1143 -
Rain For Rent Stockton
1808 E Mariposa Rd
Stockton CA 95205
United States
209-466-5602
24/7 Emergency 800-742-7246
www.rainforrent.com
Your sales person

GUNTER BRISI
REMIT PAYMENTS TO:

RAIN FOR RENT
FILE 52541
LOS ANGELES, CA 90074-2541
INVOICE Rain for Rent
11/14/2023 256808
122538

CITY OF MODESTO

PAYMENT
DUE
PO or JOB#
1945134 12/14/2023

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1180982

CITY OF MODESTO

NAME CITY OF MODESTO
SHIPPED TO JOBSITE:

ACCOUNTS PAYABLE
Po Box 642
Modesto CA 95353
INVOICE# INVOICE DATE

WASTE WATER CONTROL DIVISION
1221 Sutter Ave
Modesto CA 95351
$204,627.66

PHONE PHONE
Notes:

Credit note 1972174 was created.

QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU

DAYS PRICE AMOUNT TAXABLE
BILLED

1.00 EA Valve 36" KNife Gate 100 PSI Cast 0.00 $61,470.59 Y 316
945076 SALES $61,470.59

32.00 EA Stud 1-1/2"-6 x 6-3/4" All Thread Zinc 0.00 $1,779.20 Y Plated
1023672 SALES $55.60

32.00 EA Stud 1-1/2"-6 x 12-3/4" All Thread Zinc 0.00 $1,264.96 Y Plated
1023673 SALES $39.53
128.00 EA Stud 1-1/2"-6 x 18" Grade A307 All 0.00 $4,280.32 Y Thred Zinc Pltd
1008327 SALES $33.44
320.00 EA NUT GR5 1-1/2" -6 ZINC 1023674 SALES 0.00 $3.41 $1,091.20 Y

3.00 EA Adapter 36" Flange HDPE DR17 316141 SALES 0.00 $1,539.06 $4,617.18 Y

7.00 EA Adapter 36" Flange DI Backup Ring 0.00 $7,109.41 Y DR11
1007681 SALES $1,015.63
200.00 FT Pipe 36" HDPE DR17 940981 SALES 0.00 $168.63 $33,726.00 Y

4.00 EA Elbow 36" 90 Degree HDPE DR17 316197 SALES 0.00 $4,580.94 $18,323.76 Y

4.00 EA Adapter 36" Flange HDPE DR17 316141 SALES 0.00 $2,217.74 $8,870.96 Y

1.00 EA Elbow 36" 45 Degree HDPE DR17 316195 SALES 0.00 $3,087.65 $3,087.65 Y

1.00 EA Saddle 36" x 4" FIPT Tapping 719441 SALES 0.00 $1,590.00 $1,590.00 Y

1.00 EA Fusion Machine RR FUSION MACH SERVICES 0.00 $7,750.00 $7,750.00

1.00 EA FORKLIFT/ TELEHANDLER 50' RR FORKLIFT SERVICES 0.00 $7,984.68 $7,984.68

1.00 EA FORKLIFT/ 45' MANLIFT W JIB RR FORKLIFT SERVICES 0.00 $4,393.09 $4,393.09

1.00 EA Shipping/Handling M240 SERVICES 0.00 $3,600.00 $3,600.00 Y

1.00 EA Delivery Hauling M110 SERVICES 0.00 $2,536.00 $2,536.00 Y

1.00 EA Install Labor M140 SERVICES 0.00 $20,300.00 $20,300.00

1.00 EA Hardware Nuts CONCRETE BLOCKS 0.00 $2,891.30 Y
MISC PVC FITTINGS, 36" PIPE

SUPPORT
HARDWARE OTHER $2,891.30

1.00 EA Plant Sold:722096- AIR VENT 4" 0.00 $237.00 Y
AV150 DAIRY TXT
722096 SALES $237.00

1.00 EA Plant Sold:721084- Valve 4" Gate 0.00 $115.00 Y 514T11 Brass
721084 SALES $115.00

1.00 EA Plant Sold:326197- Elbow 36" 90 0.00 $4,580.94 Y Degree HDPE DR17
326197 SALES $4,580.94
Printed Date: 2/6/2024 Page 1 of 2
REC-264497
cc
#19..
- 1144 -
Rain For Rent Stockton
1808 E Mariposa Rd
Stockton CA 95205
United States
209-466-5602
24/7 Emergency 800-742-7246
www.rainforrent.com
Your sales person

GUNTER BRISI
REMIT PAYMENTS TO:

RAIN FOR RENT
FILE 52541
LOS ANGELES, CA 90074-2541
INVOICE Rain for Rent
11/14/2023 256808
122538

CITY OF MODESTO

PAYMENT
DUE
PO or JOB#
1945134 12/14/2023

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1180982

CITY OF MODESTO

NAME CITY OF MODESTO
SHIPPED TO JOBSITE:

ACCOUNTS PAYABLE
Po Box 642
Modesto CA 95353
INVOICE# INVOICE DATE

WASTE WATER CONTROL DIVISION
1221 Sutter Ave
Modesto CA 95351
$204,627.66

PHONE PHONE
QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU

DAYS PRICE AMOUNT TAXABLE
BILLED
TOTAL RENTALS:

TOTAL SALES:

TOTAL SERVICES:

SUBTOTAL:
$152,144.17
$46,563.77
$201,599.24
$0.00
TOTAL OTHER: $2,891.30
TAX: $14,303.97
FOR PROPER CREDIT, PLEASE INCLUDE INVOICE NUMBER ON YOUR PAYMENT.

PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE OF 1.50% CUSTOMER, (RENTEE OR BUYER as context requires), shall be deemed to accept all terms, conditions and provisions hereof upon execution of this agreement; ordering; or delivery of equipment to customer, whichever comes first.

SIGNATURE: _____________________________ DATE: ___________________ TOTAL: $215,903.21
PAYMENT TERMS: NET 30
Outstanding Balance: $204,627.66
Printed Date: 2/6/2024 Page 2 of 2
#19..
- 1145 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 11, 2024
Date: May 21, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award Well 312 Treatment & Flushline Improvements Project CONTACT: Edgar Vargas, Senior Civil Engineer, [email protected], 209-577-5424 DESCRIPTION:

Consider approving the Plans and Specifications for the Well 312 Treatment & Flushline Improvements Project; accepting the Bid and Awarding a Construction Contract to TSI Engineering, Inc., of North Highlands, CA, in the amount of $4,060,786, authorizing $487,295 (12%) in contingency (if needed), for a total payment amount not to exceed $4,548,081. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Empire Service Area is located in the far southeastern corner of the City of Modesto’s contiguous water service area and was originally part of the Del Este Water Company. The existing water service area is largely supplied by five groundwater wells and is supplemented by treated surface water purchased from the Modesto Irrigation District.

In the Fall of 2016, one of the five wells in the Empire Service Area, Well 312, was turned off due to exceeding the maximum contaminant level for 1,2,3-Trichlorpropane (TCP). In order to decrease the level of TCP present in the water and to meet State regulations, granular activated carbon (GAC) treatment would be necessary.

In the Summer of 2017, a hydraulic evaluation of the Empire Service Area was conducted to determine if peak hour demand conditions could be met with or without supply from the five existing local wells. The analysis confirmed that the existing wells are required to maintain operation and recommended system improvements including upsizing water mains to support the overall Empire Service Area. As a result, the City began seeking funding to help install a new GAC treatment system and flushline at Well 312 to bring the well back into operation. #20..
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City Council Meeting, June 11, 2024
Award Well 312 Treatment & Flushline Improvements Project

Page 2 of 4 ends

On April 5, 2022, by Resolution No. 2022-172, Council authorized the submittal of a grant application to the California Department of Water Resources Urban and Multibenefit Drought Relief Grant Program for the Well 312 Treatment & Flushline Improvements Project.

On September 13, 2022, by Resolution No. 2022-387, Council approved an Agreement with Provost & Pritchard Consulting Group for Engineering Services for the Well 312 Treatment & Flushline Improvements Project in the amount of $147,000 for the identified scope of services, plus $14,700 in additional services, if needed, for a total amount not to exceed $161,700.

On April 11, 2023, by Resolution No. 2023-181, Council accepted a Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment & Flushline Improvements Project; authorized the City Manager, or his designee, to enter into a Local Project Sponsor Agreement with Contra Costa Water District and to execute all grant-related documents and authorized the Director of Finance to be the signatory of grant invoice forms during requests for reimbursements.

On December 5, 2023, by Resolution No. 2023-529, Council approved the purchase of 4,320 square feet of real property located at 5132 South Avenue, Empire to be used for the Well 312 Treatment & Flushline Improvements Project; authorized the City Manager, or his designee, to execute the purchase and sale agreement and all related documents required to complete the transaction.

DISCUSSION:

The project was advertised for bids on March 22, 2024. Bids were publicly opened on May 7, 2024, pursuant to City Charter Section 1307, and TSI Engineering, Inc., of North Highlands, CA, was the responsible bidder with the lowest responsive bid.

The bid analysis is as follows:

Number of Bids Received 2
Number of Bids Within 10% of the Engineer’s Estimate 2
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 0.94%
The bid submitted by TSI Engineering, Inc., of North Highlands, CA, was 0.94% below the Engineer’s Estimate. Both bids received were below the Engineer's Estimate; and the next lowest bid was 0.03% 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 Well 312 Treatment & Flushline Improvements Project to TSI Engineering, Inc., North Highlands, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and TSI Engineering, Inc. was the lowest responsive and responsible bidder.
#20..
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City Council Meeting, June 11, 2024
Award Well 312 Treatment & Flushline Improvements Project

Page 3 of 4 ends

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 reviewing the plans and specifications, and given the nature of rehabilitation projects 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% ($406,078) of the Contract amount.

Therefore, staff is requesting that the Director’s authority to issue change orders be increased to 12% ($487,295) of the Contract amount of $4,060,786.

FISCAL IMPACT:

The total estimated cost for the construction phase of this Project is $5,124,160. Expenses associated with this effort are housed in the following Capital Improvement Program Project:
101403 - Well 312 Treatment & Flushline

ANTICIPATED CONSTRUCTION EXPENDITURES
Construction Contract $4,060,786
Construction Contingency $487,295
Construction Administration - City Staff $406,079
Engineering/Design/Administration - City Staff $120,00
City Construction Forces $50,000
TOTAL $5,124,160
A budget adjustment in the amount of $3,722,218 from Water Fund Reserves will be necessary to fund the construction phase of this project.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the meeting held on August 10, 2022, where it was recommended that an Engineering Services Agreement with Provost & Pritchard Consulting Group be forwarded to Council.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 Class 1(b).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Plans and Specifications for the Well 312 Treatment & Flushline Improvements Project; accepting the Bid and Awarding a Construction Contract to TSI Engineering, Inc., of North Highlands, CA, in the amount of $4,060,786, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $487,295, 12% of the original contract price, for a total payment amount not to exceed $4,548,081 and authorizing the City Manager, or his designee, to execute the Contract. #20..
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City Council Meeting, June 11, 2024
Award Well 312 Treatment & Flushline Improvements Project

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Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $3,722,218 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Well 312 Treatment & Flushline Improvements Project.

Approved by:

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

1. Resolutions (2)

2. Bid Results

3. Construction Contract with TSI Engineering, Inc. & Financial Interest Disclosure Form #20..
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1 2024-

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE WELL 312 TREATMENT & FLUSHLINE IMPROVEMENTS PROJECT;

ACCEPTING THE BID AND AWARDING A CONSTRUCTION CONTRACT TO TSI ENGINEERING, INC., OF NORTH HIGHLANDS, CA, IN THE AMOUNT OF $4,060,786, AUTHORIZING THE DIRECTOR OF ENGINEERING

SERVICES TO APPROVE CHANGE ORDERS UP TO THE CUMULATIVE
AMOUNT OF $487,295, 12% OF THE ORIGINAL CONTRACT PRICE, FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $4,548,081 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE CONTRACT
WHEREAS, the Empire Service Area is largely supplied by five groundwater wells and is supplemented by treated surface water purchased from the Modesto Irrigation District, and
WHEREAS, in the Fall of 2016, one of the five wells in the Empire Service Area, Well 312, was turned off due to exceeding the maximum contaminant level for 1,2,3- Trichlorpropane (TCP), and
WHEREAS, in order to decrease the level of TCP present in the water and to meet State regulations, granular activated carbon (GAC) treatment would be necessary, and
WHEREAS, on September 13, 2022, by Resolution No. 2022-387, Council approved an Agreement with Provost & Pritchard Consulting Group for Engineering Services for the Well 312 Treatment & Flushline Improvements Project, and WHEREAS, on April 11, 2023, by Resolution No. 2023-181, Council accepted a Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment & Flushline Improvements Project, and
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WHEREAS, on December 5, 2023, by Resolution No. 2023-529, Council approved the purchase of 4,320 square feet of real property located at 5132 South Avenue, Empire to be used for the Well 312 Treatment & Flushline Improvements Project, and
WHEREAS, the project was advertised for bids on March 22, 2024, and WHERAS, on May 7, 2024, bids were publicly opened, pursuant to City Charter Section 1307, two bids were received, 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 a Contract for the construction of the Well 312 Treatment & Flushline Improvements Project to TSI Engineering, Inc., North Highlands, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and TSI Engineering, Inc. 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 plans and specifications for the Well 312 Treatment & Flushline Improvements Project, accepts the bid of $4,060,786, authorizes the Director of Engineering Services to approve Change Orders up to the cumulative amount of $487,295, 12% of the Contract price, for a total payment amount not to exceed $4,548,081, awards a Construction Contract to TSI Engineering, Inc., of North Highlands, CA and authorizes the City Manager, or his designee, to execute the Contract. #20..
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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. #20..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June, 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:

DIANA NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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1 2024-

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $3,722,218 TO

BE TRANSFERRED INTO THE PROJECT FROM WATER FUND RESERVES IN ORDER TO FUND THE CONSTRUCTION PHASE OF THE WELL 312

TREATMENT & FLUSHLINE IMPROVEMENTS PROJECT
WHEREAS, certain budgetary transactions are necessary in the amount of $3,722,218, in order to fund the Well 312 Treatment & Flushline 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 $3,722,218.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #20..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June 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 Wednesday, May 8, 2024
Project Title: Well 312 Treatment & Flushline Improvements Project
Project ID #: 2024-07
Account #: 101403
Vault ID #: 08-D-1036
Bid Opening: 5/7/2024 at 11:00 AM
Basis of Award: By Base Bid Designer: Provost & Prichard Design Manager: Edgar Vargas
Project Description: The purpose of this project is to address water quality issues associated with Well 312, located in the community of South Empire.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
TSI Engineering, Inc.
(916) 571-5731 4600 Roseville Road, Suite 140, North Highlands, CA 95660 Base Bid
1 Mobilization and Demobilization LS 1 $187,900.00 $187,900.00 2 Traffic Control/Handling and Signage LS 1 $55,300.00 $55,300.00 3 Stanislaus County Encroachment Permit LS 1 $10,000.00 $10,000.00 4 Water Pollution Control Plan (WCPC) LS 1 $51,400.00 $51,400.00 5 Shoring, Bracing, and Sheeting LS 1 $32,200.00 $32,200.00 6 Demolition SF 5000 $11.50 $57,500.00
7 Site Grading LS 1 $29,000.00 $29,000.00
8 Underground Piping and Structures LS 1 $172,500.00 $172,500.00 (Including connections to Existing Storm
Drain & Water Systems)
9 Site Piping LS 1 $64,500.00 $64,500.00
10 Asphalt Paving LS 1 $16,800.00 $16,800.00
11 Restore Traffic Striping, Markings, and LS 1 $14,500.00 $14,500.00 Signage
12 Concrete Work CY 62 $1,550.00 $96,100.00
13 Steel Gate LS 1 $36,100.00 $36,100.00
14 GAC Vessel Foundation LS 1 $143,000.00 $143,000.00
15 GAC Vessels - 12' Diameter (2 pairs) LS 1 $1,645,686.00 $1,645,686.00 16 Chlorination Building LS 1 $129,400.00 $129,400.00
17 Chlorination Equipment and Analyzers LS 1 $150,200.00 $150,200.00 18 Masonry Wall LS 1 $246,400.00 $246,400.00
19 Site Electrical LS 1 $160,100.00 $160,100.00
20 SCADA RTU LS 1 $377,900.00 $377,900.00
21 Generator and Associated Appurtenances LS 1 $279,100.00 $279,100.00 22 Equipment & System Start-Up, Testing, and LS 1 $105,200.00 $105,200.00 Training
Total: $4,060,786.00
Percent From Engineer's Estimate: -0.94%
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TNT Industrial Contractors Inc.
(916) 395-8400 3800 Happy Lane, Sacramento, CA 95823
Base Bid
1 Mobilization and Demobilization LS 1 $100,000.00 $100,000.00 2 Traffic Control/Handling and Signage LS 1 $30,000.00 $30,000.00 3 Stanislaus County Encroachment Permit LS 1 $10,000.00 $10,000.00 4 Water Pollution Control Plan (WCPC) LS 1 $5,000.00 $5,000.00 5 Shoring, Bracing, and Sheeting LS 1 $30,000.00 $30,000.00 6 Demolition SF 5000 $8.00 $40,000.00
7 Site Grading LS 1 $30,000.00 $30,000.00
8 Underground Piping and Structures LS 1 $225,000.00 $225,000.00 (Including connections to Existing Storm
Drain & Water Systems)
9 Site Piping LS 1 $230,000.00 $230,000.00
10 Asphalt Paving LS 1 $20,000.00 $20,000.00
11 Restore Traffic Striping, Markings, and LS 1 $2,000.00 $2,000.00 Signage
12 Concrete Work CY 62 $2,000.00 $124,000.00
13 Steel Gate LS 1 $40,000.00 $40,000.00
14 GAC Vessel Foundation LS 1 $271,000.00 $271,000.00
15 GAC Vessels - 12' Diameter (2 pairs) LS 1 $1,400,000.00 $1,400,000.00 16 Chlorination Building LS 1 $80,000.00 $80,000.00
17 Chlorination Equipment and Analyzers LS 1 $100,000.00 $100,000.00 18 Masonry Wall LS 1 $280,000.00 $280,000.00
19 Site Electrical LS 1 $352,000.00 $352,000.00
20 SCADA RTU LS 1 $410,000.00 $410,000.00
21 Generator and Associated Appurtenances LS 1 $291,000.00 $291,000.00 22 Equipment & System Start-Up, Testing, and LS 1 $28,000.00 $28,000.00 Training
Total: $4,098,000.00
Percent From Engineer's Estimate: -0.03%
Engineer's Estimate
Base Bid
1 Mobilization and Demobilization LS 1 $195,200.00 $195,200.00 2 Traffic Control/Handling and Signage LS 1 $15,000.00 $15,000.00 3 Stanislaus County Encroachment Permit LS 1 $10,000.00 $10,000.00 4 Water Pollution Control Plan (WCPC) LS 1 $15,000.00 $15,000.00 5 Shoring, Bracing, and Sheeting LS 1 $15,000.00 $15,000.00 6 Demolition SF 5000 $10.00 $50,000.00
7 Site Grading LS 1 $75,000.00 $75,000.00
8 Underground Piping and Structures LS 1 $60,000.00 $60,000.00 (Including connections to Existing Storm
Drain & Water Systems)
9 Site Piping LS 1 $300,000.00 $300,000.00
10 Asphalt Paving LS 1 $30,000.00 $30,000.00
11 Restore Traffic Striping, Markings, and LS 1 $15,000.00 $15,000.00 Signage
12 Concrete Work CY 62 $2,000.00 $124,000.00
13 Steel Gate LS 1 $40,000.00 $40,000.00
14 GAC Vessel Foundation LS 1 $150,000.00 $150,000.00
15 GAC Vessels - 12' Diameter (2 pairs) LS 1 $1,300,000.00 $1,300,000.00 16 Chlorination Building LS 1 $100,000.00 $100,000.00
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17 Chlorination Equipment and Analyzers LS 1 $90,000.00 $90,000.00 18 Masonry Wall LS 1 $300,000.00 $300,000.00
19 Site Electrical LS 1 $300,000.00 $300,000.00
20 SCADA RTU LS 1 $480,000.00 $480,000.00
21 Generator and Associated Appurtenances LS 1 $400,000.00 $400,000.00 22 Equipment & System Start-Up, Testing, and LS 1 $35,000.00 $35,000.00 Training
Total: $4,099,200.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 11, 2024
Date: May 6, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Engineering Services Agreement with BKF Engineers Highway 99 Water Main Crossings Improvements Project
CONTACT: Edgar Vargas, Senior Civil Engineer
[email protected], 209-577-5424
DESCRIPTION:

Consider approving an Engineering Services Agreement with BKF Engineers, of Modesto, CA, for the Final Design of the Highway 99 Water Main Crossings Improvements Project, in the amount of $491,321, plus $49,132 in additional services, if needed, for an Agreement total not to exceed $540,453. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Highway 99 Water Main Crossings Improvements Project entails replacing three (3) water mains that run across Highway 99 within bridge overcrossings at I Street, G Street, and Sierra Drive. This project will strengthen and replace a total of approximately 1,220 linear feet of water mains that are deteriorating due to age and prone to leaks.

Each bridge overcrossing contains a steel casing carrier pipe, which houses the water mains running from one side of Highway 99 to the other. The existing steel casing carrier pipes will remain in place; only the water mains within will be replaced.

DISCUSSION:

To increase efficiencies, Staff is requesting the use of a consultant to provide Engineering Services for the Final Design of the Highway 99 Water Main Crossings Improvements Project.

On June 13, 2023, by Resolution No. 2023-278, Council approved a prequalified list of consultants for Engineering Design Services for Water, Wastewater, and Storm Drain Capital Improvement Program Projects.
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City Council, June 11, 2024
Engineering Services Agreement with BKF Engineers
Highway 99 Water Main Crossings Improvements Project

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In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Proposal (RFP) was sent to the four (4) pre-qualified consultants.

On March 12, 2024, Staff received and distributed four (4) proposals to a selection committee consisting of Utilities Engineering Staff. The selection committee evaluated the proposals and determined BKF Engineers to be the most qualified and responsive. BKF Engineers’ sealed cost proposal was opened and reviewed after the selection ranking had been finalized.

The scope of services to be provided under this Agreement include:
 Construction Documents
 Project Management
 Permitting
 Bid Period Services
 Engineering Services During Construction
In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three qualified entities. The approval of an Engineering Services Agreement with BKF Engineers conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services and at least three informal proposals were obtained.

FISCAL IMPACT:

Expenses associated with this effort will be housed in the following Capital Improvement Project:
101557 Hwy 99 S&R WM Crossings
ANTICIPATED PROJECT EXPENDITURES:

Construction $3,000,000
Construction Contingency (10%) $300,000
Construction Administration – City Staff (10%) $300,000 Final Design Services Agreement – BKF Engineers $491,321 Additional Services, if Needed (10%) $49,132
City Construction Forces $50,000
Engineering/Design/Administration Support – City Staff $150,000 TOTAL: $4,340,453

COMMITTEE RECOMMENDATION
This item was considered by the Economic Development Committee at the meeting held on May 6, 2024, where it was recommended that it be forwarded to Council. #21..
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City Council, June 11, 2024
Engineering Services Agreement with BKF Engineers
Highway 99 Water Main Crossings Improvements Project

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CEQA/NEPA REQUIREMENTS:

CEQA requirements and compliance will be completed by City Staff prior to going to construction and is not part of the BKF Engineers Scope of Services.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Engineering Services Agreement with BKF Engineers, of Salida, CA, for the Final Design of the Highway 99 Water Main Crossings Improvements Project in the amount of $491,321, plus $49,132 in additional services, if needed, for an Agreement total amount not to exceed $540,453 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution approving an amendment to the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $3,047,541 to be transferred into the Project from Water Fund Reserves to fund the Highway 99 Water Main Crossings Improvements Project.

Approved by:

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

1. Resolutions (2)

2. BKF Engineers – Agreement & Exhibits
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1 2024-

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING AN ENGINEERING SERVICES AGREEMENT

WITH BKF ENGINEERS, OF SALIDA, CA, FOR THE FINAL DESIGN OF THE HIGHWAY 99 WATER MAIN CROSSINGS IMPROVEMENTS PROJECT IN THE AMOUNT OF $491,321, PLUS $49,132 IN ADDITIONAL SERVICES, IF

NEEDED, FOR AN AGREEMENT TOTAL AMOUNT NOT TO EXCEED
$540,453 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, the Highway 99 Water Main Crossings Improvements Project entails replacing three water mains that run across Highway 99 within bridge overcrossings at I Street, G Street, and Sierra Drive, and
WHEREAS, this project will strengthen and replace a total of approximately 1,220 linear feet of water mains that are deteriorating due to age and prone to leaks, and WHEREAS, to increase efficiencies, Staff is requesting the use of a consultant to provide Engineering Services for the Final Design of the Highway 99 Water Main Crossings Improvements Project, and
WHEREAS, on June 13, 2023, by Resolution No. 2023-278, Council approved a prequalified list of consultants for Engineering Design Services for Water, Wastewater, and Storm Drain Capital Improvement Program Projects, and WHEREAS, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Proposal (RFP) was sent to the four prequalified consultants, and WHEREAS, Staff received and distributed four proposals to a selection committee consisting of Utilities Engineering Staff, and #21..
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WHEREAS, the selection committee evaluated the proposals and determined BKF Engineers to be the most qualified and responsive, and WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three qualified entities. The approval of an Engineering Services Agreement with BKF Engineers conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services and at least three informal proposals were obtained.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Engineering Services Agreement with BKF Engineers for the Highway 99 Water Main Crossings Improvements Project in the amount of $491,321, plus $49,132 in additional services, if needed, for a total amount not to exceed $540,453.

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. #21..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June 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 2024-

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING AN AMENDMENT TO THE FISCAL YEAR 2023- 24 CAPITAL IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF
$3,047,541 TO BE TRANSFERRED INTO THE PROJECT FROM WATER FUND RESERVES TO FUND THE HIGHWAY 99 WATER MAIN CROSSINGS

IMPROVEMENTS PROJECT
WHEREAS, certain budgetary transactions are necessary in the amount of $3,047,541, in order to fund the Highway 99 Water Main Crossings Improvement 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 $3,047,541.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #21..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of June 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:

DIANA NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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ENGINEERING SERVICES AGREEMENT FOR THE FINAL DESIGN OF
THE HIGHWAY 99 WATER MAIN CROSSINGS 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 BKF ENGINEERS, 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 Services are necessary for the Highway 99 Water Main Crossing Improvements Project.

B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the 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 #21..
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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 FOUR HUNDRED NINETY-ONE THOUSAND THREE HUNDRED TWENTY-ONE AND 00/100 DOLLARS ($491,321) (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. #21..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or FORTY-NINE THOUSAND ONE HUNDRED THIRTY-TWO AND 00/100 DOLLARS ($49,132). 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 FIVE HUNDRED FORTY THOUSAND FOUR HUNDRED FIFTY-THREE AND 00/100 DOLLARS ($540,453). 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 warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that Christina Ramirez, 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, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

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 direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
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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. #21..
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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. 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.
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If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

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.
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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 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: BKF Engineers
Address: 5330 Pirrone Road
Suite 101
Salida, CA 95368
Attention: Sravan Paladugu
Phone: (209) 923-8200
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Edgar Vargas
Phone: (209) 577-5424
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 #21..
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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.

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 #21..
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and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special #21..
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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 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. #21..
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Termination by City 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 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 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 #21..
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subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the 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. #21..
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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 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, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

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

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 #21..
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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.
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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 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.
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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.

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.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #21..
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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 insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #21..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and 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 BKF Engineers has caused this agreement to be duly executed in duplicate as of the Effective Date.
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03 / PROPOSED SCOPE OF SERVICES
16 City of Modesto | Highway 99 Water Main Crossings
Improvements

SCOPE OF WORK
TASK 1: PROJECT ADMINISTRATION AND

COORDINATION
Project Management: This task will be led by BKF’s
project manager, Sravan Paladugu, who will: a) oversee
specific quality assurance and quality control (QA/
QC) measures; b) prepare monthly project invoices; c)
prepare regular progress reports for the City staff each month; d) communicate and correspond as necessary
with the City’s project manager on project issues
(administrative, design, and construction/field-related); and e) prepare detailed schedule of work showing each
task and subtask, identifying milestones for critical
meetings, workshops, progress calls, deliverables and
City reviews. The detailed schedule will be submitted
electronically in Microsoft Project and in PDF file
format. Schedule updates will be submitted monthly,
no later than the Friday of the first week of the month.

Project Meetings and Communication with City:

BKF will organize and attend a kickoff meeting with
the City to review the scope of the project, develop
a project schedule, and confirm deliverables. This
meeting will include the design consultant and key
City staff. BKF will schedule and conduct a minimum of
four design-related meetings/workshops (Preliminary
Design Workshop, 35% Design Review Meeting, 70%
Design Review Meeting, 90% Design Review Meeting)
and bi-weekly progress calls with City staff will be
conducted for the duration of the project design phase.

BKF will prepare the meeting agenda and will prepare
and distribute meeting minutes. BKF will also keep an
action items list at each meeting and conference call.

Deliverables:
▪ Monthly progress reports
▪ Project schedules
▪ Meeting agendas and minutes
▪ Action items list
TASK 2: FIELD INVESTIGATIONS AND DATA

COLLECTION
TASK 2.1: KICK-OFF MEETING DATA COLLECTION, AND
REVIEW
BKF will conduct thorough research to obtain all
available utility information within the project area.

During the kick-off meeting, BKF will prepare a data
request for the City to gather all available records for our review. We will review existing records including,
but not limited to, Caltrans inspection reports, as-built drawings, GIS data, water valve cards, City Standard
Provisions and Standard Details, and codes, ordinances, and policies pertaining to the proposed project
designs. BKF will contact other utility companies to
obtain underground utility information within the
project limit. BKF will be responsible for research all applicable agency and utility company records.

Deliverables:
▪ Initial Data Request
▪ Complied Record Drawings
▪ Copy of Utility Research
TASK 2.2: TOPOGRAPHIC SURVEY AND ROW MAPPING
A. Topographic Survey. BKF will perform conventional
ground topographic survey to fully define existing
conditions. The topographic survey will capture all
physical features, including, but not limited to, curb, gutter, sidewalk, ramps, driveways, median strip, edge
of pavement, fences along property line, signs, guard/
wood post rails, traffic signals, traffic loops, utility poles, pavement markings, utility structures, hydrants, valves and meter boxes. In addition to spot elevations, the topographic survey will include 1-foot contour
interval.

The survey horizontal and vertical control will be based on California State Plane Coordinates and established
City benchmark datum, e.g., street monuments.

B. Right-of-Way Research. BKF will use available
online resources to download Record Mapping
for parcels along the Right-of-Ways in question.

Per standard researching protocol, additional map
references called out on maps will also be pulled to
develop a PDF database of existing maps in the area.

BKF has not budged any time or fee for procuring Title
Reports for the project.
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03 / PROPOSED SCOPE OF SERVICES
17 City of Modesto | Highway 99 Water Main Crossings
Improvements
C. Right-of-Way Research Mapping. BKF will plot
the right-of-way lines based on street monuments
and existing improvements. We will include parcel
information based on assessor’s maps and provide the
Assessor’s Parcel Numbers (APN) and street address
numbers for reference. This does not include ordering
or using title reports for all the properties along the project streets, performing any right-of-way resolution of filing of any Record of Surveys due to material
discrepancies.

The topographic survey will be performed after
completion of GPR utility locating performed under
Task 2.3.

Deliverables:
▪ Electronic copy of survey files with ROW lines
(AutoCAD)
TASK 2.3: UTILITY LOCATING
Our in-house Ground Penetrating Radar (GPR)
locating services will allow us to shortlist utilities that are perceived to be in conflict thereby eliminating
or reducing the number of needed potholes. After
identifying excavation locations for water main
installation, we will locate utilities in the field using electromagnetic field induction and GPR. Prior to
scheduling the GPR survey, we will identify areas along the proposed water alignment where GPR is required
based on review of as-builts and field survey. This
strategy will minimize cost without compromising
quality. BKF will identify metallic utilities (i.e. electric, telephone, gas, and water) and non- metallic utilities
with visible tracer wire. The deliverable for this task will include a report depicting utilities on street photos as shown here.

Based on GPR survey, BKF will develop a potholing plan
for locating and profiling existing underground utilities, and once approved by the CITY, will be responsible for
conducting the required potholing and site restoration.

BKF will submit potholing table summary report
describing all findings in Excel format electronically.

BKF has assumed the 10 potholes for budgetary
purposes.

It is assumed that site specific traffic control plans to perform potholing work is not needed and that City
will waive encroachment permit fee.

Deliverables:
▪ GPR and pothole plan
▪ Utility location report in PDF format
▪ Electronic copy of utility research and pothole field data files
▪ Electronic copy of pothole table summary report
showing pothole identification, utility, depth of
cover, material, pavement information and other
pertinent information
TASK 2.4: CASING INSPECTION
As noted in our approach, there do not appear to be
manhole on bridge structure to inspect casing within
the bridge. To measure and inspect casing, a large
pothole is required at abutments to expose casing and
a Caltrans encroachment permit will be required. BKF
will perform two (2) potholes at each bridge location
to inspect casing diameter, material, length, water main diameter and material, casing spacer, etc.

Deliverables:
▪ Pothole plan
▪ Electronic copy of pothole table summary report
showing casing diameter, material, spacers, water
main diameter and material, pothole identification,
utility, depth of cover, material, pavement
information and other pertinent information
TASK 2.5: GEOTECHNICAL INVESTIGATION
Our subconsultant, Haley & Aldrich (HAI), will be
responsible for geotechnical investigations to support
temporary shoring systems for insertion/receiving
pits, caving and excavation stability, dewatering, and
reuse of excavated soils; parameters for structural slab design, CBC seismic design parameters, and general
recommendations for site preparation, earthwork, and
backfill compaction requirements for open-cut next to
bridge abutment.

Geotechnical investigation will include performing two
(2) CPT borings to a depth of 15 feet at each bridge
location for a total of six (6) borings. HAI will review available geologic and soil mapping and groundwater
elevation data in advance of our field investigation. It is anticipated encroachment permit fees will be waived.

Deliverables:
▪ Geotechnical Investigation Report in PDF format
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03 / PROPOSED SCOPE OF SERVICES
18 City of Modesto | Highway 99 Water Main Crossings
Improvements
TASK 3: PRELIMINARY DESIGN
TASK 3.1: BASIS OF DESIGN (BOD) REPORT
Upon completion of Task 2, we will study and analyze
all gathered information and prepare a Basis of Design
(BOD) report.

The BOD will provide documentation on design
objectives, design criteria, design codes, and decisions made on major issues related to the project. The BOD
will include the preliminary design of the project,
which will be use as the basis for producing final
construction bid documents without the need for
further engineering studies or re-evaluation of basic
design decisions. The BOD will also establish budget
and schedule requirements. The BOD will be used as a
tool to prepare CEQA Statement of Exemption.

The findings of the BOD will be presented to City
stakeholders at a Preliminary Design Workshop. At
the Preliminary Design Workshop, BKF will present
the conceptual design options and cost estimates
for review by City staff. Utilities connections and any potential code/permit or other challenging aspects of
the project will be presented as part of this meeting.

Upon completion of this workshop BKF will prepare
draft meeting minutes.

The BOD will include as a minimum the following
elements:

1. Introduction
a. Background and purpose of project
b. Project scope

2. Pipeline Design and Construction
a. Pipeline design criteria including but not
limited to pipe material, type of joints (welded
vs fused vs flanged), requirements for thermal
expansion joint, hydraulic thrust joints, and
seismic joint, and casing spacers
b. Evaluate insertion/receiving pit, shutdown
sequence, demolition provisions, construction
sequence; tie-in connections; permits; and
impacts on utilities, traffic and the public.
c. Preliminary determination of major utility
crossings
d. List of project specification sections (technical
sections only)
e. List of drawings
f. List of required permits
g. Identification of potential challenges

3. Special Construction Considerations
a. Perform a constructability review including
major temporary works and access—these
items will also be identified and included in
cost estimates in the preliminary engineering
phase
b. Provide construction execution
recommendations, e.g. mandatory work
sequence, construction restriction/constraints,
testing requirements, atypical submittal
requirements, work hours, traffic control
requirements, etc.
c. Other potential project challenges
d. Provide recommended construction duration
in calendar days
e. Identify impacts on water system operations
(e.g., planned outages, water shutdowns, and
durations
f. Proposed project laydown areas
g. Identify and secure of encroachment permits,
required to facilitate construction and/or the
long-term operation and maintenance of the
new water main

4. Engineer’s opinion of probable construction
cost itemized to correspond to payment item
schedule

5. Project Schedule (Design Phase and Construction
Phase)
Deliverables:
▪ Draft and Final BOD report in PDF Format
▪ Meeting Minutes
TASK 3.2: 35% DESIGN SUBMITTAL
BKF will prepare and submit the 35% submittal to the
City for review.

1. Plan and profile view of the proposed pipeline
within existing casing showing the horizontal
and vertical alignment in relation to the existing
topographic features, right-of-way, and existing
utilities

2. 35% Engineers Estimate
Deliverables:
▪ One full-size hardcopy (24” x 36”), and one
electronic (PDF) copy of the 35% submittal Plans
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03 / PROPOSED SCOPE OF SERVICES
19 City of Modesto | Highway 99 Water Main Crossings
Improvements
TASK 3.3: ENVIRONMENTAL CLEARANCE
BKF and our subconsultant, Circlepoint, will prepare
necessary documentation for the project to gain
environmental clearance. Based on our understanding,
the project appears to qualify for a Categorical
Exemption pursuant to CEQA guidelines Section 15302,
and it does not appear that any of the exceptions listed in Guidelines Section 15300.2 apply to the project. We
will prepare a Categorical Exemption Memorandum
(assumes two drafts and one final version)
documenting that the project satisfies the provisions
of Section 15300.2 and Section 15302 of the CEQA
guidelines, as well as notices (Notice of Exemption,
Notice of Completion) and forms (Summary Form)
required by the Guidelines and the Governor’s Office of Planning and Research (OPR).

Deliverables:
▪ CEQA Categorical Exemption
TASK 4: CONSTRUCTION DOCUMENTS
TASK 4.1: PERMITTING
BKF will lead the effort in the coordination of the
approval of permit application with Caltrans. We will
prepare the permit applications package that includes
project plans and required technical information or
exhibits. Contractor shall ultimately be responsible
to obtain and pay all fees necessary. For budgetary
purposes, we have assumed a total of two (2) meetings
with Caltrans. A seismic evaluation is assumed to be
not required by Caltrans as these are existing facilities and is therefore not include in the scope.

Deliverables:
▪ Caltrans Encroachment Permit
▪ Exhibits (as needed)
TASK 4.2: 70% DESIGN SUBMITTAL
BKF will prepare and submit the 70% submittal to
the City for review. BKF will present the 70% to City
stakeholders at a design review meeting. The schedule
will allow for a five-week review period by City staff
following each meeting and submission of draft
meeting minutes within three working days following
the meeting. BKF will submit one full- size hard copy
(24” x 36”), and one electronic (PDF) copy of the 70%
submittal for City review.

At a minimum, the 70% submittal will include:
- Written response to City and Caltrans review
comments to the 35% design submittal
- Plan view of the proposed pipeline showing the
horizontal alignment in relation to the existing
topographic features, bridge structure, approach
slab, travel lanes, parking, sidewalk, driveways,
roadway right-of-way, etc.
- Profile view of the proposed pipeline alignment
showing the pipeline invert elevation’s ground/
bridge profile above the centerline of the pipeline
alignment, and existing utilities (i.e., sewer mains,
storm drains, gas) with top of pipe and/or invert
elevations confirmed through potholing
- Temporary construction plan to maintain
traffic circulation, uninterrupted service during
construction
- Preliminary determination of major utility crossings
- Details for points of connection, pipeline off-sets,
trench details, valves and other appurtenances (e.g.,
fire hydrants, blow offs, etc.)
- Technical specifications
- Payment item schedule for contract bid documents
- Update of the construction cost estimate based on
35% design submittal
- “Red-lined” version of City’s Standard Front Ends.

BKF will be provided City’s Standard Front Ends in
PDF format. BKF will “red-line”, as required. City will incorporate edits, as required, for incorporation into
the final bid documents.

Deliverables:
▪ One full-size hardcopy (24” x 36”), and one
electronic (PDF) copy of the 70% submittal Plans
▪ On a USB flash drive: AutoCAD (version 2018 or
higher) files for all design drawings, technical
specifications in MS Word and PDF formats, and
cost estimates in MS Excel and PDF formats
TASK 4.3: 90% DESIGN SUBMITTAL
BKF will prepare and submit the 90% submittal for
review by the City. The 90% submittal will incorporate
the pertinent City review comments to 70% submittal.

The schedule will allow for a two-week review period
by City staff following the submission of the 90%
design submittal. Submit one full-size hard copy
(24” x 36”), and one electronic (PDF) copy of the
90% submittal for City review. In addition, submit
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20 City of Modesto | Highway 99 Water Main Crossings
Improvements
the following on a USB flash drive: AutoCAD (version
2018 or higher) files for all design drawings, technical specifications in MS Word and PDF formats, and cost
estimates in MS Excel and PDF formats.

The 90% submittal will include:
- Written response to City review comments to the
70% submittal
- Detailed drawings and technical specifications to be
included in the contract documents
- Final draft bid schedule
- Update of the construction cost estimate
BKF will incorporate any changes to the 90% design
submittal no later than five working days upon receipt
of CITY’s comments. The revised version will be the
version of the design drawings to be made available to
permitting agencies for review for the issuance of any
construction permits. BKF will submit documents to
respective permitting agencies in accordance with their specific requirements (i.e., number of copies, full-size vs. half-size format, hard vs. electronic copies, etc.).

Deliverables:
▪ One full-size hardcopy (24” x 36”), and one
electronic (PDF) copy of the 90% submittal Plans
▪ On a USB flash drive: AutoCAD (version 2018 or
higher) files for all design drawings, technical
specifications in MS Word and PDF formats, and
cost estimates in MS Excel and PDF formats.
▪ 90% submittal Plans and Specifications to Caltrans
and other Permitting Agencies (if any)
TASK 4.4: FINAL DESIGN SUBMITTAL
The final submittal will represent the bid-ready
contract documents incorporating the City’s 90%
review comments and any comments received from
Caltrans. The bid-ready construction documents will be
signed by a California Registered Professional Engineer.

BKF will submit one full-size hard copy (24” x 36”),
and electronic (PDF) copy formatted in both half-size
and full-size, of the final submittal. The PDF version
of the design drawings will include BKF’s professional
engineering stamp and signature. In addition, BKF will
submit the following on a USB flash drive: AutoCAD
(version 2018 or higher) files for all design drawings; technical specifications in MS Word and PDF formats,
with Consultant’s professional engineering stamp and
signature in the PDF file; cost estimates in MS Excel
and PDF formats; and the construction schedule in MS
Project. The final submittal will include:
- Written response to each City and/or Permitting
Agency comment to the 90% design submittal
- Final, detailed drawings and technical specification
to be included in the contract documents
- Final payment item schedule for incorporation into
the final contract bid documents
- Revised/updated cost estimate based on the final
design submittal
Deliverables:
▪ One (1) half-size and (1) full-size wet signed, and
electronic (PDF) copy formatted in both half-size
and full-size, of the Final submittal plans The PDF
version of the design drawings will include BKF’s
professional engineering stamp and signature
▪ On a USB flash drive: AutoCAD (version 2018 or
higher) files for all design drawings; technical
specifications in MS Word and PDF formats, with
Consultant’s professional engineering stamp and
signature in the PDF file; cost estimates in MS Excel
and PDF formats; and the construction schedule in
MS Project
TASK 5: BIDDING SUPPORT
BKF will provide engineering support and assist the
City, as required, during the bid phase of the project.

Bid phase services may include:
- Attendance at a pre-bid meeting and site walkthrough with potential contractors - Preparation of any addenda (reproduction and
distribution will be provided by the City). Up to 2
addenda is assumed for budgeting purposes.
- Assistance with and preparation of responses to
questions or clarification of aspects of the design
and/or specifications
- Evaluation of bids received, as needed
Deliverables:
▪ Review and comment on pre-bid meeting minutes
▪ Respond to questions during the pre- bid meeting
if requested by the City (no consultant-prospective
bidder communication)
▪ Formal response to inquiries to the City, either in
email or memo written format
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City of Modesto | Highway 99 Water Main Crossings
Improvements 21
TASK 6: CONSTRUCTION SUPPORT
BKF will assist the City, as required, during the construction phase of the project. For budgetary purpose, we have assumed 25 RFIs and 50 submittals and up to one round of review for each. Construction phase services will include:
- Attend and prepare information for an internal
handoff meeting from the design team to the
construction management team
- Attendance at pre-construction meeting and
project bi-weekly construction meetings. Up to 10
virtual meetings and 5 onsite meetings have been
budgeted.
- Field observations, as needed. Up to 4 site visits have been budgeted.
- Review/approval of contractor submittals. Up to 50
submittals, with one round of review comments, are
budgeted.
- Review and response to requests for information
(RFIs). Up to 25 RFIs are budgeted.
- Review of change order requests. Up to two change
orders are budgeted.
- Review of contractors as-builts
- Preparation of electronically searchable record
drawings and specifications
OPTIONAL TASK A: STRUCTURAL DESIGN
As-builts show the ends of the casings only 2-feet beyond the backs of abutments and the top of the casing is approximately 1.2- feet below top of pavement at I Street and G Street, and approximately 3.2 feet below top of pavement at Sierra Drive. If Caltrans requires expansion-deflection fittings, a structural slab will be required to allow proper function of the fitting. See drawings below.

As part of this task, Cornerstone will design structural slab on either side of the bridge on all three bridges.

The concrete slab will incorporate deepened edges to act as spread footings to transfer the slab weight and vehicular loading away from pipe/fitting. Cornerstone will prepare structural design calculations for the reinforced concrete slab in accordance with the AASHTO LRFD Bridge Design Specifications 8th Edition, with the California Amendments preface dated April 2019. Structural construction drawings will include plan, elevation, and details of the reinforced concrete slab. Structural material quality specifications (to be placed on the plans) in accordance with the 2018 Caltrans Standard Specifications.

Deliverables:
▪ *70%, 90% and Final Plans, Specifications and Estimate #21..
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EXHIBIT B
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 11, 2024
Date: May 8, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Engineering Services Agreement with Carollo Engineers Regional Water Recycling Facility - Sutter Campus
Master Plan Relocation Project
CONTACT: Juan Ochoa, Associate Engineer, [email protected], 209-577-5423 DESCRIPTION:

Consider approving an Engineering Services Agreement with Carollo Engineers, Inc., of Sacramento, CA, for the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project, in an amount not to exceed $1,966,703. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

For over 100 years, the City of Modesto has been treating wastewater to protect the health of its citizens and the wellbeing of the environment.

The City owns and operates two wastewater treatment facilities: The Regional Water Recycling Facility - Sutter Campus (RWRF - Sutter Campus), located adjacent to the Tuolumne River and the Regional Water Recycling Facility - Jennings Campus (RWRF - Jennings Campus), located seven miles away and adjacent to the San Joaquin River.

Modesto’s wastewater is treated to meet stringent Federal and State regulatory requirements.

An average of 20 million gallons of wastewater per day receives primary treatment at the RWRF- Sutter Campus, and secondary treatment at the RWRF - Jennings Campus and up to 15 million of these gallons are treated further at the RWRF - Jennings Campus to tertiary (recycled water) levels.
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City Council, June 11, 2024
Engineering Services Agreement with Carollo Engineers
Regional Water Recycling Facility - Sutter Campus
Master Plan Relocation Project

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Modesto City CouncilJune 11, 2024

Modesto City Council
June 11, 2024