Agenda packet — Economic Development Committee, August 5, 2024 (part 1 of 3)

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www.modestogov.com
AGENDA
City of Modesto

ECONOMIC DEVELOPMENT COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room.

Tenth Street Place, 1010 10th Street
Modesto, California
Monday, August 05, 2024 at 4:00 PM
Roll Call: Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
Alternates: Nick Bavaro, Rosa Escutia-Braaton, Jeremiah Williams, David Wright Council has not delegated directive or final approval authority to the Committees.

Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. *Members of the public will be allowed to provide public comment through Zoom if a Committee Member is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
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"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
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 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326

PUBLIC COMMENTS IN PERSON
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters.

Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee - 2 -
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Members and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or committee member.

Consent

1. Consider a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities Districts Engineering Services, increasing the Agreement amount by $200,000 to a new total amount not to exceed $550,000 and forwarding to Council for approval (Funding Source: Various Community Facilities Districts and Developer Deposits)
 Motion recommending a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities Districts Engineering Services, - 3 -
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increasing the Agreement amount by $200,000 from $350,000 to a new total not to exceed $550,000 and forwarding to Council for approval.

CED; Edgar Garcia, 209-577-5211, [email protected] Consent

2. Consider the submittal of a Grant Application for Highway Safety Improvement Program (HSIP) and forwarding to Council for approval. (Funding Source: California Department of Transportation Grant Funds)
 Motion recommending the submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds and forwarding to Council for approval.

ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent

3. Consider a Grant of Permanent Easement and Right-of-Way to Modesto Irrigation District associated with existing irrigation facilities within a portion of APN 004-102- 003 and forwarding to Council for approval. (Funding Source: Water Fund)  Motion recommending a Grant of Permanent Easement and Right-of-Way to Modesto Irrigation District to cover existing irrigation facilities within a portion of APN 004-102-003, consenting to the recordation thereof and forwarding to Council for approval.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent

4. Consider the Agreement for Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services to Grover Landscape Services, Inc. Modesto, CA, for a total amount not to exceed $1,030,347 over five years and forwarding to Council for approval. (Funding Source: Sewer Operations Fund, Storm Drain Fund, and various Community Facilities Districts (CFD) Funds)  Motion recommending the Award of Bid and Agreement for Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control to Grover Landscape Services, Inc., Modesto, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $187,000 and a total amount not to exceed $1,030,347 over five years and forwarding to Council for approval.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent

5. Consider the Agreements for Generator Repair and Preventative Maintenance Service with Bay City Electric Works of Livermore, CA, and PowerGen Inc. of Tracy, CA, for a total amount not to exceed $1,214,800 over five years and forwarding to Council for approval. (Funding Source: Various Funds)
 Motion recommending the Award of Bid and Agreements for Generator Repair and Preventative Maintenance Service to Bay City Electric Works of Livermore, CA and PowerGen Inc., of Tracy, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of - 4 -
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$181,300 and a total amount not to exceed $1,214,800 over five years and forwarding to Council for approval.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected] Consent

6. Consider the Agreement for the Purchase of Rock, Sand, and Gravel to West Coast Sand and Gravel, Inc. of Buena Park, CA, for a total amount not to exceed $3,920,700 over five years and forwarding to Council for approval. (Funding Source: Various Funds)
 Motion recommending the Award of Bid and Agreement for the Purchase of Rock, Sand & Gravel to West Coast Sand and Gravel, Inc. of Buena Park, CA, for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $712,000 and a total amount not to exceed $3,920,700 over five years; and forwarding to Council for approval.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected]

UNFINISHED BUSINESS

7. Consider the Southwest Modesto Plan and forwarding to Council for approval. (Funding Source: Local Early Action Planning (LEAP) Grant)  Motion recommending the Southwest Modesto Plan and forwarding to Council for approval.

CED; Edgar Garcia, 209-577-5211, [email protected]

NEW BUSINESS

8. Consider a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-2, and forwarding to Council for approval. (Funding Source: Developer Deposit)
 Motion recommending a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-2, and forwarding to Council for approval.

CED; Edgar Garcia, 209-577-5211, [email protected]

9. Consider a Modesto Forward Grant Agreement with Valley First Credit Union for two revolving loan fund programs — “Business Beautification” and “Business Incentives,” not to exceed $500,000 for each program over two and a half years and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funds)  Motion recommending a Modesto Forward Grant Agreement with Valley First Credit Union for two revolving loan fund programs — "Business Beautification” and “Business Incentives,” not to exceed $500,000 for each program over two and a half years and forwarding to Council for approval. - 5 -
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CED; Trevin Barber, 209-571-5566, [email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 5, 2024
Date: June 21, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Third Amendment with Harris & Associates for Community Facilities Districts Engineering Services
CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Consider a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities Districts Engineering Services, increasing the Agreement amount by $200,000 to a new total amount not to exceed $550,000 and forwarding to Council for approval. (Funding Source: Various Community Facilities Districts and Developer Deposits) STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan Initiative, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The City of Modesto’s Community Facilities Districts (CFDs) are created to provide a funding and reimbursement mechanism for public facilities and/or services for various Specific Plan areas. CFDs are established to ensure that new development projects do not solely become the responsibility of the City’s General Fund and to ensure the long-term maintenance and aesthetic quality of each neighborhood.

In 1982, the Mello-Roos Community Facilities Act of 1982 (Act) was adopted by the State of California as a method for financing infrastructure improvements and services associated with new developments. The Act allows infrastructure improvements and services to be funded through a special tax paid by property owners.
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Economic Development Committee, August 5, 2024
Third Amendment with Harris & Associates for Community Facilities Districts Engineering Services

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DISCUSSION:

In July 2021, a Request for Qualifications (RFQ) was issued soliciting qualifications from qualified public sector consulting firms with demonstrated experience in facilities planning, infrastructure financing, and Mello-Roos Districts. Harris and Associates (Harris) was the only respondent and staff prepared and executed an agreement with Harris on September 13, 2021, to assist with Community Facilities Districts Engineering Services in the amount of $45,000.

On November 23, 2021, by Resolution No. 2021-448, the City executed the First Amendment to the agreement with Harris & Associates for an amount not to exceed $250,000. On October 24, 2023, by Resolution No. 2023-460, City Council approved the Second Amendment to the agreement which increased the contract amount to $350,000. In both Amendments, an increase to the agreement was required to provide the necessary support to staff to address development inquiries regarding the formation of Mello-Roos Districts.

Harris & Associates continues to assist the City on several projects including Tivoli, the Oakdale and Claribel Road Corridor Study, and a variety of technical services related to engineering and infrastructure assessment/maintenance.

Some of the additional areas that require support are listed below. As a result of these additional projects, the forecasted expenditures are anticipated to exceed the current contract budget in the amount of $350,000. Therefore, staff is recommending an increase in the amount of $200,000 to account for the following additional project areas:
 Tivoli Voluntary Land Dedication Program (VLDP) Assistance  CFD Formation - Fairview Village #2
 CFD Formation - Village One Triangle
 CFD Formation- Kiernan Business Park South #2
 CFD Formation & Infrastructure Financing Plan/Facilities Master Plan – Tivoli North  Various annexations in existing CFDs - facilities cost estimate reviews Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City Services. Based on the additional need for services, the City is recommending a Third Amendment to this existing agreement to support the ongoing and anticipated development projects.

FISCAL IMPACT:

To continue supporting the expected and future projects, the City requires a Third Amendment increasing the Agreement amount by $200,000 from $350,000 to a new total of $550,000.

Funding sources include developer deposits and the City’s respective Community Facilities Districts. There is no impact to the General Fund.
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Third Amendment with Harris & Associates for Community Facilities Districts Engineering Services

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RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities Districts Engineering Services, increasing the Agreement amount by $200,000 from $350,000 to a new total not to exceed $550,000 and forwarding to Council for approval.

Approved by:

Jessica Hill, Director of Community and
Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Third Amendment to Agreement

2. Third Amendment- Scope and Budget

3. Executed Second Amendment to Agreement

4. Executed First Amendment to Agreement

5. Executed Agreement
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THIRD AMENDMENT

TO STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS THIRD AMENDMENT, made and entered into in the City of Modesto, State of California, this______ day of__________ , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Harris & Associates, hereinafter referred to as "Consultant".

This Third Amendment is made with regard to the following recitals:

A. The City and Consultant entered into a standard agreement for professional services dated September 13, 2021 to provide engineering services and assess infrastructure in the City’s Assessment Districts (“ADs”) and Community Facilities Districts (“CFDs) (the “AGREEMENT”).

B. The City and Consultant executed the first amendment professional services dated November 23, 2021.

C. The City and Consultant executed the second amendment professional services dated October 24, 2023.

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

NOW, THEREFORE, in consideration of this THIRD AMENDMENT, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
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1. COMPENSATION.

Section 3, “Compensation”, of the AGREEMENT is amended to increase the total compensation for Consultant by $200,000 for a total amount not to exceed $550,000, and to read in its entirety as follows:
“Consultant agrees to accept a sum not to exceed $550,000 as full remuneration for performing all services and furnishing all staff and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.”

2. EFFECT OF AMENDMENT.

Except as modified and amended by this THIRD AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment for Consultant Services by its City Manager and attestation by its City Clerk on the day of ,2024, under authority of Resolution No. 2024-______, and Harris & Associates has caused this Agreement to be duly executed as of the Effective Date.
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EXHIBIT A

CITY OF MODESTO

PROFESSIONAL CIVIL ENGINEER CONSULTANT

SCOPE OF WORK
Harris & Associates will provide services to the City of Modesto associated with the:
 Review and assess needed/existing infrastructure in the City’s assessment districts and Mello-Roos (Community Facilities Districts – CFDs) districts  Review and evaluate proposed CFD annexations and formations  Prepare and review cost estimates and construction/improvement plans for needed infrastructure
 Draft engineering conditions for new development including subdivisions, site plans, etc.  Review and evaluate actions necessary to acquire rights of way and easements  Review complex land development maps including tentative and final maps  Monitor CFD rates and revenue to remaining infrastructure required  Track subdivision, development and reimbursement agreements  Meet and liaise with applicants and developers
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CITY OF MODESTO

PROFESSIONAL CIVIL ENGINEER CONSULTANT
BUDGET & FEE SCHEDULE*
Project Team Member Project Role Hourly Rate
Alison Bouley, PE Principal-in-Charge $280
Megan Quinn, MBA Project Director $240
Tamorah Bryant, PE Senior Project Manager $250
Dennis Anderson Senior Consultant $260
Connie Fife Project Manager $185
Anna Tan-Gatue, PE Senior Project Engineer $200
Joel Nagamine, PE Senior Project Engineer $165
Adam Marston Senior Analyst $170
Arn Richland Senior Analyst $140
Alexa Ludke Project Analyst $130
*Budget and fees not to exceed $550,000
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SECOND AMENDMENT

TO STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS SECOND AMENDMENT, made and entered into in the City of Modesto, State of California, this______ day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Harris & Associates, and as, hereinafter referred to as "Consultant".

This Second Amendment is made with regard to the following recitals:

A. The City and Consultant entered into a standard agreement for professional services dated September 13, 2021 to provide engineering services and assess infrastructure in the City’s Assessment (“ADs” and Community Facilities Districts (“CFDs) (the “AGREEMENT”).

B. The City and Consultant executed the first amendment professional services dated November 23, 2021.

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

NOW, THEREFORE, in consideration of this SECOND AMENDMENT, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree asfollows:

DocuSign Envelope ID: 14412C08-5E04-4C04-A3F7-2CDDAE56272D 24th October
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1. COMPENSATION.

Section 3, “Compensation”, of the AGREEMENT is amended to increase the total compensation for Consultant by $100,000 for a total amount of not to exceed $350,000, and to read in its entirety as follows:
“Consultant agrees to accept a sum not to exceed $350,000 as full remuneration for performing all services and furnishing all staff and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.”

2. EFFECT OF AMENDMENT.

Except as modified and amended by this SECOND AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment for Consultant Services by its City Manager and attestation by its City Clerk on the day of ,2023,
under authority of Resolution No. 2023-______, and Harris & Associates has caused this Agreement to be duly executed as of the Effective Date.

DocuSign Envelope ID: 14412C08-5E04-4C04-A3F7-2CDDAE56272D 24th October
460
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

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

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

BY: ____________________________
CHRISTINA ALGER, Director of
Human Resources
Federal ID # ___________
DocuSign Envelope ID: 14412C08-5E04-4C04-A3F7-2CDDAE56272D Harris & Associates, Inc.
94-2385238
Vice President,
Municipal &
District
Finance Alison Bouley
Preston Hatch
Executive Vice
President,
Chief Financial
Officer
11/27/2023
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EXHIBIT A

CITY OF MODESTO

PROFESSIONAL CIVIL ENGINEER CONSULTANT

CITY OF MODESTO

PROFESSIONAL CIVIL ENGINEER CONSULTANT
BUDGET & FEE SCHEDULE*
Project Team Member Project Role Hourly Rate
Alison Bouley, PE Principal-in-Charge $285
Megan Quinn, MBA Project Director $260
Tamorah Bryant, PE Senior Project Manager $260
Dennis Anderson Senior Consultant $260
Connie Fife Project Manager $190
Anna Tan-Gatue, PE Senior Project Engineer $210
Joel Nagamine, PE Senior Project Engineer $180
Adam Marston Senior Analyst $190
Arn Richland Senior Analyst $160
Alexa Ludke Project Analyst $140
*Budget and fees not to exceed $350,000
DocuSign Envelope ID: 14412C08-5E04-4C04-A3F7-2CDDAE56272D #1..
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FIRST AMENDMENT

TO STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS FIRST AMENDMENT, made and entered into in the City of Modesto, State of California, this _ day of , 2021 , (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Harris & Associates, and as, hereinafter referred to as "Consultant".

This First Amendment is made with regard to the following recitals:

A. The City and Consultant entered into a standard agreement for professional services dated September 13, 2021 to provide engineering services and assess infrastructure in the City’s Assessment (“ADs” and Community Facilities Districts (“CFDs) (the “AGREEMENT”).

B. The City desires to expand the scope of services of the AGREEMENT to perform additional evaluation of the City’s engineering services.

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

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

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1. COMPENSATION.

Section 3, “Compensation”, of the AGREEMENT is amended to increase the total compensation for Consultant by $205,000 for a total amount of not to exceed $250,000, and to read in its entirety as follows:
“Consultant agrees to accept a sum not to exceed $250,000 as full remuneration for performing all services and furnishing all staff and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.”

2. EFFECT OF AMENDMENT.

Except as modified and amended by this FIRST AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment for Consultant Services in duplicate by its City Manager and attestation by its City Clerk on the day of , 20 , and Harris & Associates has caused this Agreement to be duly executed in duplicate as of the Effective Date.

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EXHIBIT A

CITY OF MODESTO

PROFSSIONAL CIVIL ENGINEER CONSULTANT

SCOPE OF WORK
Harris & Associates will provide services to the City of Modesto associated with the:
• Review and assess needed/existing infrastructure in the City’s assessment districts and Mello-Roos (Community Facilities Districts – CFDs) districts • Review and evaluate proposed CFD annexations and formations • Prepare and review cost estimates and construction/improvement plans for needed infrastructure
• Draft engineering conditions for new development including subdivisions, site plans, etc. • Review and evaluation actions necessary to acquire rights of way and easements • Review complex land development maps including tentative and final maps • Monitor CFD rates and revenue to remaining infrastructure required • Track subdivision, development and reimbursement agreements • Meet and liaise with applicants and developers

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CITY OF MODESTO

PROFSSIONAL CIVIL ENGINEER CONSULTANT
BUDGET & FEE SCHEDULE*
Project Team Member Project Role Hourly Rate
Alison Bouley, PE Director/Project Manager $260
Andrew MacDonald, PE, PMP Senior Project Engineer $240
Megan Quinn, MBA Deputy Project Manager $210
Nick Kral, MBA Senior Analyst $200
Diana Garrett, PE, PMP, QCM-C Senior Project Engineer $200 Anna Tan-Gatue, PE Senior Project Engineer $175
Joel Nagamine, PE Project Engineer $155
Adam Marston Senior Analyst $155
Arn Selorio Project Analyst $135
Alexa Ludke Project Analyst $125
*Budget and Fees not to exceed $250,000

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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk

CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 23, 2021
Date: November 17, 2021
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: First Amendment with Harris & Associates for Community Facilities Districts Engineering Services
CONTACT: Jessica Hill, Community Development Manager,
[email protected], (209) 577-5321
DESCRIPTION:

Consider approving the First Amendment to an Agreement with Harris & Associates to provide engineering services for the City’s Assessment and Community Facilities Districts (CFDs), increasing the agreement amount by $205,000 from $45,000 to a new total of $250,000. (Funding Source: Various Community Facilities Districts and Developer Deposits) STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan focus to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

DISCUSSION:

Based on the critical need to meet the demands of the unprecedented levels of new development, on July 14, 2021, the City released a Request for Qualifications (RFQ) soliciting

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City Council, November 23, 2021
First Amendment with Harris & Associates for Community Facilities Districts Engineering Services

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qualifications from experienced public sector consulting firms and/or individuals, with demonstrated understanding and familiarity in CFDs, special assessment districts, to provide engineering services and infrastructure assessment.

The RFQ solicitation yielded one response, and after a thorough interdepartmental review of the proposal, the City selected Harris & Associates because of their demonstrated experience in facilities planning and infrastructure financing, cost of scope, and overall familiarity with the subject matter. Furthermore, Harris assisted the City on several projects in the past including Village One, Tivoli, Kiernan Business Park, and Fairview Village and has an underlying understanding of the City.

Under the City Manager’s authority, the City entered into an agreement with Harris & Associates on September 13, 2021, for a not to exceed amount of $45,000. Their duties also include evaluating proposed CFD formations and annexations, preparing cost estimates and improvement plans for needed infrastructure, and other duties related to land development engineering.

Since this time, there has been multiple developers who have expressed interest in developing in other areas in the City, which would require the work of Harris and Associates. Some of those areas and needs include:
 Tentative map review
 Tivoli Voluntary Land Dedication Program (VLDP) Assistance  Acquisition and Shortfall Agreements
 CFD Formation - Fairview Village
 CFD Formation - Village One Triangle
 CFD Formation & Infrastructure Financing Plan/Facilities Master Plan - Tivoli North  Various annexations in existing CFDs - facilities cost estimate reviews Additionally, the Community and Economic Development Department is experiencing staff vacancy issues and does not have capacity to perform these functions.

In accordance with Modesto Municipal Code 8-3.204(a), Exceptions for Formal Bidding Requirements, this agreement is for professional services, and, therefore, exempt from the bid requirement; however, staff initially conducted an informal RFP process and recommends approval of the amendment with Harris & Associates.

FISCAL IMPACT:

To continue this project to implement the recommended improvements, the City requires a First Amendment to the agreement increasing the agreement amount by $205,000 from $45,000 to a total of $250,000.

COMMITTEE RECOMMENDATION:

This item has not been reviewed by Committee.

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City Council, November 23, 2021
First Amendment with Harris & Associates for Community Facilities Districts Engineering Services

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STAFF RECOMMENDATION:

Resolution approving a First Amendment to an Agreement with Harris & Associates to provide engineering services for the City’s Assessment and Community Facilities Districts, increasing the agreement amount by $205,000 from $45,000 to a total of $250,000, and authorizing the City Manager, or his designee, to negotiate and execute the amendment.

Approved by:

Jaylen French, Director of Community
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. First Amendment to Agreement with Harris & Associates

3. Exhibit to First Amendment – Scope and Budget

4. Executed Agreement with Harris & Associates

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11/23/2021/CED/JHill/Item 6 1 2021-448

MODESTO CITY COUNCIL
RESOLUTION NO. 2021-448

RESOLUTION APPROVING A FIRST AMENDMENT TO AN AGREEMENT

WITH HARRIS & ASSOCIATES TO PROVIDE ENGINEERING SERVICES FOR THE CITY’S ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS INCREASING THE AGREEMENT AMOUNT BY $205,000 FROM $45,000 TO A TOTAL OF $250,000, AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO NEGOTIATE AND EXECUTE THE AMENDMENT
WHEREAS, the City of Modesto’s Community Facilities Districts are created to provide a funding and reimbursement mechanism for public facilities and/or services for various Specific Plan areas, and
WHEREAS, Community Facilities Districts are the preferred method of financing infrastructure because no finding of special benefit for each parcel is required, and WHEREAS, Under the Mello-Roos Community Facilities Act of 1982, a Community Facility District may be used to purchase, construct, expand, rehabilitate or acquire public improvements, or provide public services, and WHEREAS, in an effort to meet the demands of the unprecedented levels of new development, on July 14, 2021, the City released a Request for Qualifications soliciting qualifications from qualified public sector consulting firms and/or individuals, with demonstrated experience in Community Facilities Districts, special assessment districts, to provide engineering services and infrastructure assessment, and WHEREAS, after a thorough interdepartmental review of the proposal, the City selected Harris & Associates because of their demonstrated experience in facilities planning and infrastructure financing, cost of scope, and overall familiarity, and WHEREAS, under the City Manager’s authority, the City entered into an agreement with Harris & Associates on September 13, 2021 for a not to exceed amount

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11/23/2021/CED/JHill/Item 6 2 2021-448
of $45,000, evaluate proposed district formations and annexations, preparing cost estimates and improvement plans for needed infrastructure, and other duties related to land development engineering, and
WHEREAS, based on these findings, the City recommends moving forward with an amendment to the agreement with Harris & Associates to continue engineering services as they relate to the City’s Assessment and Community Facilities Districts, and WHEREAS, the Municipal Code generally requires contracts over $50,000 to comply with formal bidding procedures. This agreement is for professional services and is therefore exempt from the public bidding requirement pursuant to Modesto Municipal Code section 8-3.204(a), and
WHEREAS, to continue this project to implement the recommended improvements, the City requires a First Amendment to the agreement increasing the agreement amount by $205,000 from $45,000 for a total of $250,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approving a first amendment to an agreement with Harris & Associates to provide engineering services for the City’s Assessment and Community Facilities Districts, increasing the agreement amount by $205,000 from $45,000 for a total of $250,000.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that it hereby authorizes the City Manager, or his designee to negotiate and execute the amendment, in a form approved by the City Attorney.

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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 5, 2024
Date: June 27, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Highway Safety Improvement Program (HSIP) Grant Application Request CONTACT: Michael Sacuskie, Assistant City Engineer, [email protected], 209-571-5552
DESCRIPTION:

Consider the submittal of a Grant Application for Highway Safety Improvement Program (HSIP) and forwarding to Council for approval. (Funding Source: California Department of Transportation Grant Funds)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City of Modesto 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient, and Reliable Infrastructure.

BACKGROUND:

The Infrastructure Investment and Jobs Act (IIJA) was signed into law on November 15, 20211.

Under the IIJA, the Local Highway Safety Improvement Program (HSIP)2 is a core federal-aid program for states. The purpose of the HSIP program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land.

Caltrans Division of Local Assistance typically announces a call for HSIP project applications in the Spring either annually or biennially. The total available funds vary with each funding cycle but 1 Infrastructure Investment and Jobs Act (IIJA) - https://www.fhwa.dot.gov/bipartisan-infrastructure-law/ 2 Local Highway Safety Improvement Program - https://dot.ca.gov/programs/local-assistance/fed-and-stateprograms/highway-safety-improvement-program #2..
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Economic Development Committee, August 5, 2024
Highway Safety Improvement Program (HSIP) Grant Application Request

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have been upwards of $200 million for the last several cycles. Applications are typically due in September of the year that the call for applications is made.

For the last few cycles, there have been two funding categories for HSIP: Benefit Cost Ratio (BCR) and Funding Set-Asides (SA). There are five set-aside categories this cycle: Guard Rail Upgrades, Pedestrian Crossing Enhancements, Installing Edgelines, Bike Safety Improvements, and Set-aside for Tribes. There is a maximum funding request for each set-aside category between $350,000 and $1 million per local agency. There is no maximum number of applications that can be submitted per agency for the BCR category; however, there is a maximum award amount of $10 million per agency.

Typically, the maximum federal reimbursement ratio for an HSIP grant is 90% with a local match of 10%. A project may be eligible for 100% HSIP reimbursement if all components of the project are eligible for 100% reimbursement per Section 4.2 of the Local Roadway Safety Manual (LRSM).

DISCUSSION:

Typically, an HSIP call for projects is made annually or biennially. The timing and size of the call is determined by the program apportionments, HSIP Federal Transportation Improvement Program (FTIP) capacity and the delivery of the existing HSIP applications.

It is the intent of the HSIP program that funds be expended on safety projects that can be designed and constructed expeditiously. Projects should not require significant amounts of right of way acquisition, nor should they require extensive environmental review and mitigation. For a project to be eligible for HSIP funding, a specific safety problem must be identified, and the proposed countermeasure(s) must substantially address the condition.

Staff has been working on evaluating potential projects based on collision history along specific corridors and locations throughout the City of Modesto as part of the Systemic Safety Analysis Report (SSAR) project. Upon completion of this analysis, City staff will select the project(s) that are most competitive with the HSIP grant and match the priority projects for the City.

FISCAL IMPACT:

The Divisions that typically apply for HSIP funds are Transportation Engineering and Design and Traffic Engineering. The cost to prepare HSIP grant applications to apply for funds will come from the operating budget of the respective division.

If a 10% local match is required for any of the HSIP applications received, it will come from the appropriate transportation fund. The local match funding source will be dependent on the project, but historically the match has come from Surface Transportation Funds which include the Gas Tax fund and the Measure L Local Control funds which includes categories for Local Streets & Roads, Traffic Management and Bike and Pedestrian.

CEQA/NEPA REQUIREMENTS:

Environmental review for this project will take place during the Preliminary Engineering phase of the project if the City is successful in securing these HSIP grant funds. #2..
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Economic Development Committee, August 5, 2024
Highway Safety Improvement Program (HSIP) Grant Application Request

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RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds and forwarding to Council for approval.

Approved by:

Toby Wells, Director of Engineering Services/City Engineer Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 5, 2024
Date: June 18, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Approve Grant of Permanent Easement to Modesto Irrigation District CONTACT: Edgar Vargas, Senior Civil Engineer, [email protected], 209-577-5424 DESCRIPTION:

Consider a Grant of Permanent Easement and Right-of-Way to Modesto Irrigation District associated with existing irrigation facilities within a portion of APN 004-102-003 and forwarding to Council for approval. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

On April 3, 2018, by Resolution No. 2018-144, Council awarded a Construction Contract to NorCal Pump & Well Drilling, Inc., of Yuba City, CA in the amount of $426,417 for the Del Rio Well 70 (Replacing Well 271) Surface Improvements Project.

During construction of the Project, staff became aware that the Modesto Irrigation District (MID) facilities located on the property did not have an easement to permit the placement of the facilities, nor access to upgrade, maintain, repair, replace or modify those facilities.

DISCUSSION:

The Utilities Department and MID routinely work together to coordinate infrastructure maintenance, installation, repair, upgrades, removal and modifications throughout the City.

The existing MID infrastructure on the property in question includes an irrigation line & control box structure which are utilized primarily to convey irrigation water to their agricultural customers.
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Economic Development Committee, August 5, 2024
Approve Grant of Permanent Easement to Modesto Irrigation District

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Staff is recommending the approval of a Grant of Permanent Easement and Right-of-Way to allow MID the ability to continue to operate and maintain the facilities located at 7111 McHenry Avenue.

FISCAL IMPACT:

There are no expenses associated with this action.

CEQA/NEPA REQUIREMENTS:

There are no CEQA/NEPA requirements associated with this action.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Grant of Permanent Easement and Right-of-Way to Modesto Irrigation District to cover existing irrigation facilities within a portion of APN 004-102-003, consenting to the recordation thereof and forwarding to Council for approval.

Approved by:

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

1. Grant of Easement

2. Grant of Easement – Exhibits

3. Grant of Easement – Certificate of Acceptance
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83112.00010\42130662.4
1 No Recording Fees Required Per Government
Code Section 27383
The Undersigned Declares:

No Documentary Transfer Tax (R&T Code 11911)

MAIL TAX STATEMENT

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

Modesto Irrigation District
Secretary, Board of Directors
P.O. Box 4060
Modesto, California 95352
APN: 004-102-003 Space Above This Line for Recorder's Use

GRANT OF EASEMENT
THIS GRANT OF EASEMENT (“Grant”) is made and entered into as of _____________________, 2024 (the “Effective Date”), by and between the CITY OF MODESTO, a MUNICIPAL CORPORATION (“Grantor”) and the IMPROVEMENT DISTRICT NO. 163, KNOWN AS THE SWIM BRANCH OF THE LANGDONMERL DITCH of the MODESTO IRRIGATION DISTRICT, an irrigation district organized and existing under the Constitution and laws of the State of California, its successors, and assigns (“Grantee”).

RECITALS
Grantor holds a fee interest in certain real property in the City of Modesto, California (the “Property”), as more particularly described on Exhibit “A” and depicted on Exhibit “B”, attached hereto and made a part hereof by reference. Grantor has agreed to grant to Grantee an easement over the Property (the “Easement Area”), on the terms and condition set forth in this Grant, for the right to construct, install, operate, place, inspect, maintain, replace and forever use thereon irrigation facilities and appurtenances, including a pipeline and/or ditch as may, in Grantee’s opinion, be necessary or desirable.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows:

1. Grantor hereby grants and conveys to Grantee, and its agents, contractors, successors and assigns, a permanent easement and right-of-way for the right to construct, install, place, operate, inspect, maintain, replace and forever use thereon irrigation facilities and appurtenances, including a pipeline and/or ditch as may, in Grantee’s opinion, be necessary or desirable, in, on, under, over and across the real property hereinafter described, situated in the City of Modesto, State of California, as described as follows:

See attached Exhibit “A” and Exhibit “B” attached hereto and made a part hereof by reference.
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83112.00010\42130662.4
2 2. Grantor shall not install in the Easement Area any buildings, structures, fences, explosives, or any other obstruction interfering or which may interfere with the use of said easement and rightof-way by Grantee (each, a “Prohibited Encroachment”). Grantee shall have the right to remove any Prohibited Encroachment, as well as any excessive tree growth, shrubs, or other materials or growths in the Easement Area that the Grantee deems, in Grantee’s sole discretion, is interfering or may interfere with the use of said easement and right-of-way or as Grantee deems necessary, in Grantee’s sole discretion, to comply with applicable local, state, or federal laws and regulations.

3. Grantee is granted the right to construct, place, inspect, maintain, replace and use across, upon, in and under said right-of-way such additional underground and aboveground facilities as may be necessary or convenient in connection with the construction, operation, inspection, maintenance, relocation and replacement of irrigation facilities and appurtenances as may, in Grantee’s opinion, be necessary or desirable. Grantee is also granted the right from time to time to increase or decrease the size, weight, number, or capacity and to change the position of Grantee’s facilities installed over, across, upon, in, along or under the land described above. Grantee, its contractors, agents and employees shall at all times have the right of ingress to and egress from said Grantee facilities and the right-of-way hereby granted. Grantee shall further have the right to place tools, equipment, implements and materials within the Easement Area as necessary to exercise the rights conveyed hereunder. Grantee shall be responsible for storing all such tools, equipment, implements and materials in a commercially safe and secure manner.

4. Grantor further grants to Grantee the right to assign to any public utility the right to construct, install, inspect, place, maintain, operate, replace, remove and use irrigation facilities and appurtenances within the Easement Area (including ingress thereto and egress therefrom).

5. Grantor reserves the right to use such land for purposes that will not interfere with Grantee’s full enjoyment of the rights hereby granted. Grantor shall not increase or decrease, or permit to be increased or decreased, the now existing ground elevations of said Easement Area without the prior written consent of the Grantee.

6. As a condition of this grant of Easement and right of way, Grantor’s use and enjoyment of the Easement Area shall not hinder, conflict or interfere with the exercise of the Grantee’s rights hereunder, and no excavation, building, structure or obstructions shall be constructed within the Easement Area.

7. Grantor shall not relocate the Easement Area irrigation facilities and appurtenances without Grantee’s consent. In the event the irrigation facilities and appurtenances within the Easement Area are relocated, Grantor shall be responsible for such costs. Grantor shall provide a replacement easement for said irrigation facilities and appurtenances of the same width as the Easement Area and containing the same terms and conditions as herein provided. No less than 30 days prior to such relocation, Grantor shall provide the plans and/or specifications of any such irrigation facilities and appurtenances to be relocated for Grantee’s approval.

8. In order to assure the Easement cannot be eliminated through foreclosure or other enforcement of an existing mortgage, deed of trust, lien or judgment of record, Grantor agrees that the holders of any such mortgages, deeds of trust, judgments or liens shall subordinate their respective interests to the Easement.
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83112.00010\42130662.4
3 9. Grantor covenants that it is the owner of the above described Property and has full right, power, and authority to grant this easement, and that the Property is free and clear of encumbrances and liens of whatsoever character except those recorded against the Property.

10. In consideration for this grant of easement, Grantee for itself, and for its respective heirs, successors and assigns agree to indemnify and hold harmless Grantor its directors, officers, employees and agents, and each of them, from and against any and all claims, damages, loss, liability and expenses, including reasonable court costs and attorneys’ fees, arising out of or on account of injury to or death of any person or loss of or damage to any property in connection Grantee’s use of the Easement Area, except to the extent of the adjudicated proportionate fault of any of the Grantor or any party seeking indemnification under this Section.

The terms and provisions of this easement and right-of-way shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, personal representatives, successors, and assigns of Grantee and Grantor.

EXECUTED:________________, 20_____
GRANTOR: CITY OF MODESTO, a MUNICIPAL CORPORATION
By: _____________________________
Joseph P. Lopez, City Manager
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EXHIBIT "B"
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83112.00010\42130662.4
5 CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in real property conveyed by the Grant of Easement dated , 2024, from CITY OF MODESTO, a MUNICIPAL CORPORATION, as Grantor thereunder, to Modesto Irrigation District, an irrigation district, as Grantee thereunder, is hereby accepted by the undersigned officer on behalf of Modesto Irrigation District, pursuant to the authority conferred by Resolution No. _______, adopted by the Board of Directors of the Modesto Irrigation District on ______________, and the Grantee consents to recordation thereof by its duly authorized officer.

Dated: MODESTO IRRIGATION DISTRICT
By:

Name: ___________________________
Its: ____________________________
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 05, 2024
Date: July 1, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Will Wong, Director of Utilities
SUBJECT: Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services
CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider the Agreement for Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services to Grover Landscape Services, Inc. Modesto, CA, for a total amount not to exceed $1,030,347 over five years and forwarding to Council for approval. (Funding Source: Sewer Operations Fund, Storm Drain Fund, and various Community Facilities Districts (CFD) Funds)
STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The City of Modesto Utilities Department, Wastewater Division, is responsible for maintaining the sewer and storm lift stations, stormwater basins, and Regional Water Recycling Facilities:

Sutter Campus and Jennings Campus.

These properties all require landscaping services that include, but are not limited to, real property landscape maintenance, weed abatement, trash removal, and rodent control in order to maintain their proper functions and eliminate safety risks.

The City currently has an active PRN Citywide landscaping services Agreement with Grover listed as the secondary Vendor. This Agreement is listed as an On-Call Vegetation Management Agreement that is utilized to service the City’s various Parks on an as needed basis. However, the Scope of Work necessary to maintain the Wastewater Division’s sewer and storm lift #4..
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Economic Development Committee, August 5, 2024
Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services

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stations, stormwater basins, and the treatment facilities as described in IFB 2324-61 encompasses a much broader set of requirements than the PRN Citywide On-Call Vegetation Management Services.

In addition, by separating the City’s different needs and requirements into separate Scope of Work, the City is able to better facilitate a competitive bid process due to the sheer volume of work that is necessary. A single Agreement would leave smaller companies unable to provide a responsive and responsible bid for requested services which would have an overall effect of less competitive pricing to the City.

On August 07, 2019, by Resolution No. 2019-355, Council approved an agreement with Grover Landscape for Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control services for an annual cost not to exceed $155,000 and a total amount not to exceed $853,000 over five years.

The City’s current Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control services agreement is set to expire on August 07, 2024. In order to continue uninterrupted maintenance on the City’s various Sewer and Storm related sites, a new agreement is necessary.

DISCUSSION:

On December 5, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services. On April 23, 2024, the Purchasing Division issued Invitation for Bids (IFB) IFB 2324-61 for Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control 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. Thirty-three (33) companies downloaded the IFB documents from PlanetBids.

On June 4, 2024, bids were formally opened in the City Clerk's office and broadcast via Microsoft Teams Livestream. Four (4) chose to respond, there was one (1) local bid received.

Based on providing the lowest responsive and responsible bid, City staff recommended to award the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services to Grover Landscape Services, Inc., Modesto, CA for the total amount not to exceed $1,030,347.

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. An award of Bid and Agreement for Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services for the Utilities Department, Wastewater Division use to Grover Landscape Services, Inc., Modesto, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Grover Landscape Services, Inc. was the lowest responsive and responsible bidder. 1 90656 Landscape Architecture
91059 Pest Control (Incl. Termite Inspection And Control, Bird Proofing, Animal Trapping, Rodent Control, Exterminating and Fumigation)
98836 Grounds Maintenance: Mowing, Edging, Plant (Not Tree) Trimming, Etc. 98888 Tree Trimming and Pruning Services
98889 Weed and Vegetation Control (Including Aquatic Weed Control) #4..
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Economic Development Committee, August 5, 2024
Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services

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FISCAL IMPACT:

This service will be budgeted for in the Sewer and Storm Drain Funds in addition to various CFDs in accordance with the anticipated annual agreement amount displayed in Table 2 below.

The estimated annual spending for years one (1) and two (2) is $187,000. This includes an approximate 20% increase over the bid amount to include hourly labor costs that were proposed for additional repair and maintenance services on City sites. The additional repair services cover all additional work outside of the regularly scheduled maintenance services as defined in Exhibit C – Scope of Work including, but not limited to: repair of damages caused by vandalism, sprinkler repair, large scale vegetation removal, and the removal of bulky items due to illegal dumping. An 8% annual increase was also included in years three (3) through five (5) to account for inflationary factors2.

TABLE 1. PREVIOUS AGREEMENT EXPENDITURES
Contract Term Actual Spend
Year 1 08/07/2019 – 08/06/2020 $104,238
Year 2 08/07/2020 – 08/06/2021 $246,250
Year 3 08/07/2021 – 08/06/2022 $159,019
Year 4 08/07/2022 – 08/06/2023 $153,158
Year 5 08/07/2023 – 08/06/2024 $162,368
Total Agreement Spend $825,033
TABLE 2. ANTICIPATED AGREEMENT EXPENDITURES
Annual Services Repair Services CPI + Fuel
(8%) Total
Year 1 $156,000 $31,000 $0 $187,000
Year 2 $156,000 $31,000 $0 $187,000
Year 3 $156,000 $33,696 $12,480 $202,176
Year 4 $168,480 $36,392 $13,479 $218,351
Year 5 $181,959 $39,304 $14,557 $235,820
Total 5-Year Expenditure $1,030,347
2 Estimated Consumer Price Index (CPI): 4%
Estimated Fuel Index: 4%
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Economic Development Committee, August 5, 2024
Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services

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TABLE 3. FUNDING SOURCE(S) AND ESTIMATED ANNUAL SPEND (YEAR 1 & 2) Sewer Operations Fund-Sewer Collections-Repair and
Maintenance 4210-44211-53100 $21,170
Sewer Operations Fund-Plan Maintenance-Repair and
Maintenance 4210-44313-53100 $21,170
Storm Drain Fund-Storm Collections-Repair and
Maintenance 4480-44222-53100 $112,312
Various Community Facilities Districts (CFDs) Various3 $32,348 TOTAL $187,000
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Award of Bid and Agreement for Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control to Grover Landscape Services, Inc., Modesto, CA, for a two (2) year agreement with three (3) one-year extension options, for an annual estimated amount of $187,000 and a total amount not to exceed $1,030,347 over five years and forwarding to Council for approval.

Approved by:

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

1. Agreement

2. Cost Abstract

3. Exhibit B – Grover Landscape Services, Inc. – Bid Submittal

4. Exhibit C – IFB 2324-61
3 Fairview Basin charged to CED – Fairview Village CFD Annexation, Formation and Annual Maintenance (3240- 14707-53165), West and Central Basin charged to 3200-14702-53165 and 3290-14719-53165, Northpointe Basin charged to 3265-14735-53165, Coffee/Claratina and Grecian charged to 3275-14738-53165. #4..
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ANNUAL AGREEMENT NO 277663

FOR LANDSCAPE MAINTENANCE, WEED ABATEMENT, TRASH REMOVAL, AND RODENT

CONTROL SERVICES
GROVER LANDSCAPE SERVICES INC.

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 Grover Landscape Services Inc. of Modesto CA, a corporation in CA, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-______ authorizing the Award of Bid and agreement for LANDSCAPE MAINTENANCE, WEED ABATEMENT, TRASH REMOVAL, AND RODENT CONTROL 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 #4..
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WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the LANDSCAPE MAINTENANCE, WEED ABATEMENT, TRASH REMOVAL, AND RODENT CONTROL SERVICES as described in IFB 2324-61 attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, 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 and 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 $187,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $1,030,347. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
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AGREEMENT PRICING

LANDSCAPE MAINTENANCE, WEED ABATEMENT, AND

TRASH REMOVAL

LOCATION UNIT OF

ISSUE UNIT COST
Sewer Lift Stations
Emerald Sewer Lift Station WEEK $47.00
Hahn Sewer Lift Station WEEK $34.00
Orangeburg Park Sewer Lift
Station WEEK $40.00
Rose/Celeste Sewer Lift Station WEEK $36.00
Rumble Sewer Lift Station WEEK $37.00
Scenic Sewer Lift Station WEEK $41.00
Thousand Oaks Sewer Lift Station WEEK $42.00
Woodland Sewer Lift Station WEEK $48.00
Wastewater Treatment Plant Facilities
Water Quality Control Sutter
Facility
(Weekly service February through
October)
WEEK $256.00
Water Quality Control Sutter
Facility
(Biweekly service November
through January)
WEEK $95.00
Wastewater Treatment Plant
Jennings Facility: weekly
(February-October)
WEEK $363.00
Wastewater Treatment Plant
Jennings Facility: biweekly
(November-January)
WEEK $116.00
Storm Basins and Utilities Easements (UE)
Alder Creek Court Storm Basin MONTH $126.00
Algen Storm Basin MONTH $564.00
Allan Dale (Utility Easement) MONTH $102.00
Alma Ave (Utility Easement) MONTH $105.00
Amigo Drive Storm Basin MONTH $123.00
Buccaneer Court Storm Basin MONTH $110.00
Carpenter Road Storm Basin MONTH $350.00
Cassidy Court Storm Basin MONTH $224.00
Central Basin Storm Basin MONTH $585.00
Coffee/ Claratina Basin Storm
Basin MONTH $182.00
Fairview Basin Storm Basin MONTH $321.00
Grecian Basin Storm Basin MONTH $248.00
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Jim Way Storm Basin MONTH $337.00
Johansen Storm Basin MONTH $655.00
Naraghi Storm Basin MONTH $87.00
North Pointe Storm Basin MONTH $270.00
Orchard Park Storm Basin MONTH $246.00
Orchard Basin Alley MONTH $131.00
Pecos Storm Basin MONTH $178.00
Pelandale Basin Storm Basin MONTH $331.00
Rimrock Way Storm Basin MONTH $103.00
Riverside Drive Storm Basin MONTH $226.00
Rouse (Utility Easement) MONTH $140.00
Salida Blvd Storm Basin MONTH $188.00
Rose Lane Storm Basin MONTH $269.00
Snyder East Storm Basin MONTH $243.00
Snyder West Storm Basin MONTH $206.00
Ustick (Utility Easement) MONTH $112.00
West Basin Storm Basin MONTH $238.00

RODENT CONTROL
Sewer Lift Stations
Emerald Sewer Lift Station WEEK $6.39
Hahn Sewer Lift Station WEEK $6.39
Orangeburg Park Sewer Lift
Station WEEK $8.63
Rose/Celeste Sewer Lift Station WEEK $7.27
Rumble Sewer Lift Station WEEK $6.39
Scenic Sewer Lift Station WEEK $6.39
Thousand Oaks Sewer Lift Station WEEK $37.85
Woodland Sewer Lift Station WEEK $6.39
Wastewater Treatment Plant Facilities
Water Quality Control: Sutter
Facility MONTH $315.82
Wastewater Treatment Plant
Jennings Facility MONTH $315.82
Storm Basins and Utilities Easements (UE)
Alder Creek Court Storm Basin MONTH $13.88
Algen Storm Basin MONTH $144.70
Allan Dale (Utility Easement) MONTH $16.25
Alma Ave (Utility Easement) MONTH $21.70
Amigo Drive Storm Basin MONTH $9.03
Buccaneer Court Storm Basin MONTH $9.60
Carpenter Road Storm Basin MONTH $12.98
Cassidy Court Storm Basin MONTH $8.69
Central Basin Storm Basin MONTH $125.03
Coffee/ Claratina Basin Storm
Basin MONTH $4.84
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Fairview Basin Storm Basin MONTH $39.34
Grecian Basin Storm Basin MONTH $32.92
Jim Way Storm Basin MONTH $7.83
Johansen Storm Basin MONTH $61.82
Naraghi Storm Basin MONTH $4.23
North Pointe Storm Basin MONTH $127.28
Orchard Park Storm Basin MONTH $89.48
Orchard Basin Alley MONTH $12.56
Pecos Storm Basin MONTH $11.95
Pelandale Basin Storm Basin MONTH $18.85
Rimrock Way Storm Basin MONTH $8.05
Riverside Drive Storm Basin MONTH $37.75
Rouse (Utility Easement) MONTH $20.69
Salida Blvd Storm Basin MONTH $19.94
Rose Lane Storm Basin MONTH $8.29
Snyder East Storm Basin MONTH $279.27
Snyder West Storm Basin MONTH $214.74
Ustick (Utility Easement) MONTH $14.96
West Basin Storm Basin MONTH $21.88

MISCELLANEOUS
Cost Of Call Back If Over 4 MONTH $100.00
Hourly Rate – Irrigation Repairs HOUR $95.00
Hourly Rate – Extra Work
Assignments HOUR $80.00

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor #4..
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must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: 20240527348

3. CITY REPRESENTATIVE:

CITY Representative: Nolan Harris, Plaint Maintenance Superintendent, (209) 342-4505, [email protected]
Purchasing Contact: Melvin Rosal, Buyer, (209) 577-5420, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR REPRESENTATIVE:

CONTRACTOR Representative: Vincent Tye, Landscape Maintenance Department Manager, (209) 545-4401, [email protected]

5. 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: September 1, 2024 through August 31, 2025
Year 2: September 1, 2025 through August 31, 2026
Year 3: September 1, 2026 through August 31, 2027
Year 4: September 1, 2027 through August 31, 2028
Year 5: September 1, 2028 through August 31, 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT. #4..
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Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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

The index used to determine price adjustments on fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
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 #4..
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professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation – in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.
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For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, 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:
 This AGREEMENT number, 277663
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

7. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful #4..
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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 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;
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a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-61
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any 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; 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 #4..
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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 effected by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment #4..
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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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Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

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

14. ASSIGNMENT OF RIGHTS:

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

15. CITY PROCESS/PROCEDURE APPROVALS:

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

16. DIR REGISTRATION:

Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

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

18. NOTICES:

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

CONTRACTOR: Grover Landscaping Services, Inc.
6224 Stoddard Rd.

Modesto, CA 95356
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

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

20. QUANTITIES:

No minimum or maximum is guaranteed or implied.

21. FUNDING:
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All annual extensions are based upon continuous funding for that purpose by the City Council.

Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment.

The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of #4..
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the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.
d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

24. CONTRACTOR LICENSES & PERMITS:

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

25. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any #4..
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other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT:

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

27. INDEPENDENT CONTRACTOR; NOT AGENT:

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

28. DRUG FREE WORKPLACE:

CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace. #4..
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29. ASSIGNMENT:

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

30. WAIVER:

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

31. HEADINGS NOT CONTROLLING:

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

32. MISCELLANEOUS:

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

33. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties. #4..
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34. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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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 Grover Landscape Services Inc. has caused this Agreement to be duly executed. #4..
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Site Estimated
Area (sq ft) Address Annual Qty
Unit of
Issue Unit Cost
Total Annual
Extended Cost Unit Cost
Total Annual
Extended Cost Unit Cost
Total Annual
Extended Cost Unit Cost
Total Annual
Extended Cost
Emerald Sewer Lift
Station 8,300 South side of
307 N. Emerald
52 Week
$ 63.43 $ 3,298.36 $ 57.39 $ 2,984.28 $ 47.00 $ 2,444.00 $ 40.15 $ 2,087.80 Hahn Sewer Lift Station 7300
SW corner of
Nightingale
Ave./Honey
Creek Rd.
52 Week
$ 55.79 $ 2,901.08 $ 45.04 $ 2,342.08 $ 34.00 $ 1,768.00 $ 30.23 $ 1,571.96 Orangeburg Park
Sewer Lift Station 810
North side of
Orangeburg
Ave., across
from 1100 E.

Orangeburg Ave.
52 Week
$ 6.19 $ 321.88 $ 27.87 $ 1,449.24 $ 40.00 $ 2,080.00 $ 27.46 $ 1,427.92 Rose/Celeste Sewer
Lift Station 6700
SE corner of
Rose/Celeste
Ave.
52 Week
$ 51.20 $ 2,662.40 $ 43.70 $ 2,272.40 $ 36.00 $ 1,872.00 $ 33.46 $ 1,739.92 Rumble Sewer Lift
Station 3600
Across from
1339 Rumble
Ave.
52 Week
$ 27.51 $ 1,430.52 $ 39.69 $ 2,063.88 $ 37.00 $ 1,924.00 $ 23.77 $ 1,236.04 Scenic Sewer Lift
Station 5000
Across from
2809 Scenic
Bend
52 Week
$ 38.21 $ 1,986.92 $ 40.69 $ 2,115.88 $ 41.00 $ 2,132.00 $ 33.46 $ 1,739.92 Thousand Oaks Sewer
Lift Station 17400
Behind 1205
Edgebrook Dr. in
the Park
52 Week
$ 132.98 $ 6,914.96 $ 81.65 $ 4,245.80 $ 42.00 $ 2,184.00 $ 37.38 $ 1,943.76 Woodland Sewer Lift
Station 10,800
NE corner of
Woodland
Ave./Poust Ave.
52 Week
$ 82.54 $ 4,292.08 $ 67.30 $ 3,499.60 $ 48.00 $ 2,496.00 $ 55.38 $ 2,879.76 Wastewater Treatment
Plant Sutter Facility:
weekly (FebruaryOctober)
70,000 1221 Sutter Ave. 38 Week
$ 123.73 $ 4,701.74 $ 378.00 $ 14,364.00 $ 256.00 $ 9,728.00 $ 657.00 $ 24,966.00 Wastewater Treatment
Plant Sutter Facility: Biweekly (NovemberJanuary)
70,000 1221 Sutter Ave. 14 Week
Wastewater Treatment $ 335.83 $ 4,701.62 $ 378.00 $ 5,292.00 $ 95.00 $ 1,330.00 $ 657.00 $ 9,198.00 Plant Jennings Facility:
weekly (FebruaryOctober)
110,000 7007 Jennings
Rd. 38 Week
$ 194.43 $ 7,388.34 $ 652.00 $ 24,776.00 $ 363.00 $ 13,794.00 $ 700.00 $ 26,600.00 Wastewater Treatment
Plant Jennings Facility:

Bi-weekly (NovemberJanuary)
110,000 7007 Jennings
Rd. 14 Week
$ 527.75 $ 7,388.50 $ 652.00 $ 9,128.00 $ 116.00 $ 1,624.00 $ 700.00 $ 9,800.00 Alder Creek Court
Storm Basin 6,755 2921 Alder Creek Ct. 12 Month $ 26.62 $ 319.44 $ 172.53 $ 2,070.36 $ 126.00 $ 1,512.00 $ 61.00 $ 732.00 Algen Storm Basin 434,337 2109 Crows Landing Rd. 12 Month $ 1,712.62 $ 20,551.44 $ 1,250.10 $ 15,001.20 $ 564.00 $ 6,768.00 $ 377.00 $ 4,524.00 Allan Adale (UE) 4,923 3436 Allan Adale Dr. 12 Month $ 19.36 $ 232.32 $ 94.53 $ 1,134.36 $ 102.00 $ 1,224.00 $ 37.00 $ 444.00 Alma Ave. (UE) 9,554 202 Audrey Ave. 12 Month $ 37.69 $ 452.28 $ 127.75 $ 1,533.00 $ 105.00 $ 1,260.00 $ 54.00 $ 648.00 Amigo Drive Storm
Basin 7,802 3800 Amigo Dr. 12 Month $ 30.77 $ 369.24 $ 129.59 $ 1,555.08 $ 123.00 $ 1,476.00 $ 154.00 $ 1,848.00 Buccaneer Court Storm
Basin 6,210 1312 Buccaneer Ct. 12 Month $ 24.43 $ 293.16 $ 71.97 $ 863.64 $ 110.00 $ 1,320.00 $ 75.00 $ 900.00 Carpenter Road Storm
Basin 58,803 1505 Fire Science Ln. 12 Month $ 231.88 $ 2,782.56 $ 451.45 $ 5,417.40 $ 350.00 $ 4,200.00 $ 154.00 $ 1,848.00 Cassidy Court Storm
Basin 59,887 304 Cassidy Ct. 12 Month $ 236.15 $ 2,833.80 $ 487.44 $ 5,849.28 $ 224.00 $ 2,688.00 $ 209.00 $ 2,508.00 Central Basin 638,977 3124 Merle Ave. 12 Month $ 2,519.60 $ 30,235.20 $ 1,603.10 $ 19,237.20 $ 585.00 $ 7,020.00 $ 242.00 $ 2,904.00 Coffee/Claratina Basin
Storm Basin 8,890 4100 Highlights Way 12 Month $ 35.04 $ 420.48 $ 82.44 $ 989.28 $ 182.00 $ 2,184.00 $ 129.00 $ 1,548.00 Fairview Basin Storm
Basin 76,496 1925 St. Salazar Cr. 12 Month $ 301.61 $ 3,619.32 $ 206.82 $ 2,481.84 $ 321.00 $ 3,852.00 $ 124.00 $ 1,488.00 Grecian Basin Storm
Basin 117,481 405 Grecian Ln. 12 Month $ 463.19 $ 5,558.28 $ 277.04 $ 3,324.48 $ 248.00 $ 2,976.00 $ 230.00 $ 2,760.00 Jim Way Storm Basin 64,436 1601 Jim Way 12 Month $ 254.13 $ 3,049.56 $ 384.57 $ 4,614.84 $ 337.00 $ 4,044.00 $ 127.00 $ 1,524.00 Johansen Storm Basin
485,189
Norseman Dr.
behind Johansen
High School
12 Month
$ 1,913.15 $ 22,957.80 $ 1,034.18 $ 12,410.16 $ 655.00 $ 7,860.00 $ 410.00 $ 4,920.00 Naraghi Storm Basin
58,206
Naraghi
Lake/Hashem
Dr. 100’ south of
Rumble
12 Month
$ 229.46 $ 2,753.52 $ 438.98 $ 5,267.76 $ 87.00 $ 1,044.00 $ 577.00 $ 6,924.00 EMTS Inc.

Landscape Maintenance, Weed Abatement and Trash Removal Sewer Lift Stations Wastewater Treatment Plant Facilities ity Easements (UE)
Grover Landscape Services, Inc.

Fremont, CA
New Image Landscape Company
Clovis, CA
Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services IFB 2324-61
Sacramento, CA
Brightview Landscape Services
Modesto, CA
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North Pointe Storm
Basin 135,065 4605 Chapman Rd. 12 Month $ 532.57 $ 6,390.84 $ 337.43 $ 4,049.16 $ 270.00 $ 3,240.00 $ 177.00 $ 2,124.00 Orchard Park Storm
Basin
106,659
At MID Lateral
#3 behind
Orchard
Elementary
School
12 Month
$ 420.55 $ 5,046.60 $ 233.73 $ 2,804.76 $ 246.00 $ 2,952.00 $ 430.00 $ 5,160.00 Orchard Basin Alley
9,234
At MID Lateral
#3 behind
Orchard
Elementary
School
12 Month
$ 36.42 $ 437.04 $ 91.64 $ 1,099.68 $ 131.00 $ 1,572.00 $ 430.00 $ 5,160.00 Pecos Storm Basin 26,289 132 Pecos Ave. 12 Month $ 103.61 $ 1,243.32 $ 93.25 $ 1,119.00 $ 178.00 $ 2,136.00 $ 113.00 $ 1,356.00 Pelandale Basin Storm
Basin 81,775 713 Wells Ave. 12 Month $ 322.47 $ 3,869.64 $ 407.23 $ 4,886.76 $ 331.00 $ 3,972.00 $ 252.00 $ 3,024.00 Rimrock Way Storm
Basin 9,742 1229 Rimrock Way 12 Month $ 38.38 $ 460.56 $ 85.11 $ 1,021.32 $ 103.00 $ 1,236.00 $ 85.00 $ 1,020.00 Riverside Drive Storm
Basin 20,289 201 Capistrano Dr. 12 Month $ 79.98 $ 959.76 $ 91.89 $ 1,102.68 $ 226.00 $ 2,712.00 $ 201.00 $ 2,412.00 Rouse (UE) 14,158 Near 1850 Rouse 12 Month $ 55.78 $ 669.36 $ 114.87 $ 1,378.44 $ 140.00 $ 1,680.00 $ 232.00 $ 2,784.00 Salida Blvd. Storm
Basin 12,926 4100 Salida Blvd. 12 Month $ 50.94 $ 611.28 $ 111.82 $ 1,341.84 $ 188.00 $ 2,256.00 $ 124.00 $ 1,488.00 Rose Lane Storm Basin 88,891 1601 Sanctuary Ct. 12 Month $ 350.48 $ 4,205.76 $ 262.21 $ 3,146.52 $ 269.00 $ 3,228.00 $ 318.00 $ 3,816.00 Snyder East Storm
Basin
163,035
2125 Snyder
Ave. East storm
basin, inside
fenced property
ONLY.
12 Month
$ 642.86 $ 7,714.32 $ 455.29 $ 5,463.48 $ 243.00 $ 2,916.00 $ 3,044.00 $ 36,528.00 Snyder West Storm
Basin
94,751
2125 Snyder
Ave. West storm
basin, inside
fenced property
ONLY.
12 Month
$ 373.64 $ 4,483.68 $ 279.08 $ 3,348.96 $ 206.00 $ 2,472.00 $ 2,004.00 $ 24,048.00 Ustick Rd (UE) 2,352 Ustick Rd. and Crater Ave. 12 Month $ 9.22 $ 110.64 $ 57.39 $ 688.68 $ 112.00 $ 1,344.00 $ 157.00 $ 1,884.00 West Basin Storm
Basin 119,699 3001 Kodiak Dr. 12 Month $ 471.95 $ 5,663.40 $ 346.56 $ 4,158.72 $ 238.00 $ 2,856.00 $ 215.00 $ 2,580.00 $ 186,283.00 $ 191,893.04 $ 127,376.00 $ 214,095.08
Site Estimated
Area (sq ft) Address Annual Qty
Unit of
Issue Unit Cost
Total Annual
Extended Cost Unit Cost
Total Annual
Extended Cost Unit Cost
Total Annual
Extended Cost Unit Cost
Total Annual
Extended Cost
Emerald Sewer Lift
Station 8,300 South side of
307 N. Emerald
12 Month
$ 7.94 $ 95.28 $ 20.00 $ 240.00 $ 6.39 $ 76.68 $ 276.00 $ 3,312.00 Hahn Sewer Lift Station 7,300
SW corner of
Nightingale
Ave./Honey
Creek Rd.
12 Month
$ 6.96 $ 83.52 $ 20.00 $ 240.00 $ 6.39 $ 76.68 $ 276.00 $ 3,312.00 Orangeburg Park
Sewer Lift Station 810
North side of
Orangeburg
Ave., across
from 1100 E.

Orangeburg Ave.
12 Month
$ 0.76 $ 9.12 $ 20.00 $ 240.00 $ 8.63 $ 103.56 $ 276.00 $ 3,312.00 Rose/Celeste Sewer
Lift Station 6,700
SE corner of
Rose/Celeste
Ave.
12 Month
$ 6.39 $ 76.68 $ 20.00 $ 240.00 $ 7.27 $ 87.24 $ 276.00 $ 3,312.00 Rumble Sewer Lift
Station 3,600
Across from
1339 Rumble
Ave.
12 Month
$ 3.44 $ 41.28 $ 20.00 $ 240.00 $ 6.39 $ 76.68 $ 276.00 $ 3,312.00 Scenic Sewer Lift
Station 5,000
Across from
2809 Scenic
Bend
12 Month
$ 4.77 $ 57.24 $ 20.00 $ 240.00 $ 6.39 $ 76.68 $ 276.00 $ 3,312.00 Thousand Oaks Sewer
Lift Station 17,400
Behind 1205
Edgebrook Dr. in
the Park
12 Month
$ 16.60 $ 199.20 $ 20.00 $ 240.00 $ 37.85 $ 454.20 $ 276.00 $ 3,312.00 Woodland Sewer Lift
Station 10,800
NE corner of
Woodland
Ave./Poust Ave.
12 Month
$ 10.31 $ 123.72 $ 20.00 $ 240.00 $ 6.39 $ 76.68 $ 276.00 $ 3,312.00 Wastewater Treatment
Plant Sutter Facility
92,000
1221 Sutter Ave. 12 Month
$ 87.85 $ 1,054.20 $ 290.00 $ 3,480.00 $ 315.82 $ 3,789.84 $ 2,066.00 $ 24,792.00 Wastewater Treatment
Plant Jennings Facility
110,000 7007 Jennings
Rd. 12 Month
$ 105.04 $ 1,260.48 $ 290.00 $ 3,480.00 $ 315.82 $ 3,789.84 No Bid No Bid Alder Creek Court
Storm Basin 6,755 2921 Alder Creek Ct. 12 Month $ 6.45 $ 77.40 $ 35.00 $ 420.00 $ 13.88 $ 166.56 $ 275.00 $ 3,300.00 Algen Storm Basin 434,337 2109 Crows Landing Rd. 12 Month $ 414.73 $ 4,976.76 $ 455.00 $ 5,460.00 $ 144.70 $ 1,736.40 $ 2,010.00 $ 24,120.00 Storm Basins and Utility Easements (
Sewer Lift Stations
Wastewater
Treatment Plant
Facilities
Landscape Maintenance, Weed Abatement and Trash Removal Subtotal Estimated Man Hours Per Month For All Locations 96 321
1,100 Did Not State
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Allan Adale (UE) 4,923 3436 Allan Adale
Dr. 12 Month $ 4.71 $ 56.52 $ 35.00 $ 420.00 $ 16.25 $ 195.00 $ 150.00 $ 1,800.00 Alma Ave. (UE) 9,554 202 Audrey Ave. 12 Month $ 9.12 $ 109.44 $ 35.00 $ 420.00 $ 21.70 $ 260.40 $ 275.00 $ 3,300.00 Amigo Drive Storm
Basin 7,802 3800 Amigo Dr. 12 Month $ 7.45 $ 89.40 $ 35.00 $ 420.00 $ 9.03 $ 108.36 $ 276.00 $ 3,312.00 Buccaneer Court Storm
Basin 6,210 1312 Buccaneer Ct. 12 Month $ 5.93 $ 71.16 $ 35.00 $ 420.00 $ 9.60 $ 115.20 $ 276.00 $ 3,312.00 Carpenter Road Storm
Basin 58,803 1505 Fire Science Ln. 12 Month $ 56.14 $ 673.68 $ 180.00 $ 2,160.00 $ 12.98 $ 155.76 $ 1,100.00 $ 13,200.00 Cassidy Court Storm
Basin 59,887 304 Cassidy Ct. 12 Month $ 57.17 $ 686.04 $ 180.00 $ 2,160.00 $ 8.69 $ 104.28 $ 1,650.00 $ 19,800.00 Central Basin 638,977 3124 Merle Ave. 12 Month $ 610.15 $ 7,321.80 $ 520.00 $ 6,240.00 $ 125.03 $ 1,500.36 $ 3,050.00 $ 36,600.00 Coffee/Claratina Basin
Storm Basin 8,890 4100 Highlights Way 12 Month $ 8.48 $ 101.76 $ 30.00 $ 360.00 $ 4.84 $ 58.08 $ 276.00 $ 3,312.00 Fairview Basin Storm
Basin 76,496 1925 St. Salazar Cr. 12 Month $ 73.04 $ 876.48 $ 60.00 $ 720.00 $ 39.34 $ 472.08 $ 550.00 $ 6,600.00 Grecian Basin Storm
Basin 117,481 405 Grecian Ln. 12 Month $ 112.18 $ 1,346.16 $ 30.00 $ 360.00 $ 32.92 $ 395.04 $ 2,480.00 $ 29,760.00 Jim Way Storm Basin 64,436 1601 Jim Way 12 Month $ 61.52 $ 738.24 $ 78.00 $ 936.00 $ 7.83 $ 93.96 $ 150.00 $ 1,800.00 Johansen Storm Basin
485,189
Norseman Dr.
behind Johansen
High School
12 Month
$ 463.30 $ 5,559.60 $ 144.00 $ 1,728.00 $ 61.82 $ 741.84 $ 2,750.00 $ 33,000.00 Naraghi Storm Basin
58,206
Naraghi
Lake/Hashem
Dr. 100’ south of
Rumble
12 Month
$ 55.59 $ 667.08 $ 144.00 $ 1,728.00 $ 4.23 $ 50.76 $ 1,380.00 $ 16,560.00 North Pointe Storm
Basin 135,065 4605 Chapman Rd. 12 Month $ 128.97 $ 1,547.64 $ 144.00 $ 1,728.00 $ 127.28 $ 1,527.36 $ 2,892.00 $ 34,704.00 Orchard Park Storm
Basin
106,659
At MID Lateral
#3 behind
Orchard
Elementary
School
12 Month
$ 101.84 $ 1,222.08 $ 35.00 $ 420.00 $ 89.48 $ 1,073.76 $ 2,475.00 $ 29,700.00 Orchard Basin Alley
9,234
At MID Lateral
#3 behind
Orchard
Elementary
School
12 Month
$ 8.82 $ 105.84 $ 35.00 $ 420.00 $ 12.56 $ 150.72 $ 150.00 $ 1,800.00 Pecos Storm Basin 26,289 132 Pecos Ave. 12 Month $ 25.09 $ 301.08 $ 35.00 $ 420.00 $ 11.95 $ 143.40 $ 275.00 $ 3,300.00 Pelandale Basin Storm
Basin 81,775 713 Wells Ave. 12 Month $ 78.09 $ 937.08 $ 72.00 $ 864.00 $ 18.85 $ 226.20 $ 1,380.00 $ 16,560.00 Rimrock Way Storm
Basin 9,742 1229 Rimrock Way 12 Month $ 9.31 $ 111.72 $ 35.00 $ 420.00 $ 8.05 $ 96.60 $ 275.00 $ 3,300.00 Riverside Drive Storm
Basin 20,289 201 Capistrano Dr. 12 Month $ 19.37 $ 232.44 $ 35.00 $ 420.00 $ 37.75 $ 453.00 $ 550.00 $ 6,600.00 Rouse (UE) 14,158 Near 1850 Rouse 12 Month $ 13.53 $ 162.36 $ 35.00 $ 420.00 $ 20.69 $ 248.28 $ 150.00 $ 1,800.00 Salida Blvd. Storm
Basin 12,926 4100 Salida Blvd. 12 Month $ 12.35 $ 148.20 $ 35.00 $ 420.00 $ 19.94 $ 239.28 $ 275.00 $ 3,300.00 Rose Lane Storm Basin 88,891 1601 Sanctuary Ct. 12 Month $ 84.87 $ 1,018.44 $ 72.00 $ 864.00 $ 8.28 $ 99.36 $ 2,475.00 $ 29,700.00 Snyder East Storm
Basin
163,035
2125 Snyder
Ave. East storm
basin, inside
fenced property
ONLY.
12 Month
$ 155.67 $ 1,868.04 $ 108.00 $ 1,296.00 $ 279.27 $ 3,351.24 $ 3,300.00 $ 39,600.00 Snyder West Storm
Basin
94,751
2125 Snyder
Ave. West storm
basin, inside
fenced property
ONLY.
12 Month
$ 90.47 $ 1,085.64 $ 72.00 $ 864.00 $ 214.74 $ 2,576.88 $ 4,132.00 $ 49,584.00 Ustick Rd (UE) 2,352 Ustick Rd. and Crater Ave. 12 Month $ 2.25 $ 27.00 $ 35.00 $ 420.00 $ 14.96 $ 179.52 $ 275.00 $ 3,300.00 West Basin Storm
Basin 119,699 3001 Kodiak Dr. 12 Month $ 114.31 $ 1,371.72 $ 116.00 $ 1,392.00 $ 21.88 $ 262.56 $ 1,375.00 $ 16,500.00 $ 36,491.52 $ 43,200.00 $ 25,390.32 $ 490,812.00
$ 222,774.52 $ 235,093.04 $ 152,766.32 $ 704,907.08
Indicates a correction to math when compared to bid submittal Rodent Control Subtotal
Grand Total Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Rodent Contol Storm Basins and Utility Easements (UE) Lowest Bidder X
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Sacramento, CA
Brightview Landscape
Services
$77.00 /HR
$88.00 /HR
$120.00
Talstar Did Not State Rozol Ranger Pro
Merit Choice Weather Master Pendulum
Carbon Monoxide MSO Granular Pre-Emergent
Sprayer Reign Bait
Glyphosate 5.4
Tahoe
Round Up QuickPro
Lontrel
Dimension 2EW
Gallery SC
Clentraxx
Milestone
Labor Mark Up (Percent)
Price Per Service
$16.255
-
35%
-
-
-
Sacramento, CA
Brightview Landscape Services
Modesto, CA
Grover Landscape Services, Inc
Fremont, CA
New Image Landscape
Company
Pesticides Used for Service
$70.00 /HR $80.00 /HR $80.00 /HR
Extra Work Assignments (Prevailing Wage)
Clovis, CA
EMTS, Inc.

Landscape Laborer - Lead
Man
Direct Labor Rate
Fringe Benefit Rate
Cost of callback if over allotted monthly amount
$1,200.00 $100.00 Did Not State
$65.00 /HR $95.00 /HR $95.00 /HR
Clovis, CA Modesto, CA Fremont, CA
EMTS, Inc. Grover Landscape Services,
Inc.

Irrigation Repairs (Prevailing Wage)
New Image Landscape
Company
$21.940
-
Landscape Laborer - Laborer
Direct Labor Rate 16.255
-
-
-
-
Fringe Benefit Rate -
Labor Mark Up (Percent) 35%
Price Per Service $21.940
40%
$43.97
$16.00
-
-
$16.255
-
-
-
-
-
-
-
$26.38
TBD
Payment of Prevailing Wages
Lowest and Responsible Bidder: Grover Landscape Services, Inc. -
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-61
FOR

LANDSCAPE MAINTENANCE, WEED ABATEMENT, TRASH REMOVAL, AND RODENT

CONTROL SERVICES
BID OPENING: JUNE 04, 2024 at 11:00 A.M.

CITY OF MODESTO CONTACT: Melvin Rosal, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5420
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL 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 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.......................... 30 BID FORM E – BIDDER CUSTOMER REFERENCES .................................................................... 31 BID FORM F – FINANCIAL INTEREST DISCLOSURE................................................................. 33 BID FORM G – SUPPORT OF LOCAL VENDORS.......................................................................... 35 BID FORM H – BIDDER COMPANY HISTORY STATEMENT .................................................... 36 BID FORM I – ADDENDA ACKNOWLEDGEMENT...................................................................... 37 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 38 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 39 BID FORM L – SUBCONTRACTOR LIST........................................................................................ 40 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 41

1.0 SCOPE OF WORK:........................................................................................................................ 41

1.13 REQUIRED LICENSES:.............................................................................................................. 49 SAMPLE ANNUAL AGREEMENT - SERVICES............................................................................. 73 #4..
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of landscape maintenance, weed abatement, trash removal, and rodent control services (the “Services”) for the City of Modesto, Utilities Department, Wastewater Division.

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 June 04, 2024 at 11:00 A.M., at which time Bids will be opened, read and recorded.

The opening of bids will not be physically open to the public, but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

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

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid.
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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 # 2324-61

LANDSCAPE MAINTENANCE, WEED ABATEMENT, TRASH REMOVAL, AND

RODENT CONTROL SERVICES
BID OPENING DATE: JUNE 04, 2024 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: DELIVER/ COURIER TO:

CITY CLERK 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 ninety (90) days after the date set for the opening thereof.
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
5 CALENDAR OF EVENTS
Event Date
IFB Issued April 23, 2024
Written Questions Due via Email May 03, 2024
Addendum Issued (if required) May 10, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, June 04, 2024 Contract Award Approximately June, 2024

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

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

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

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall #4..
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6 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.

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, June 04, 2024 the City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

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

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
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8 • Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
• 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.

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9 • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select 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 business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

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

K. PREVAILING WAGE: Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful #4..
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10 Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120 L. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

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

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.
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11 Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • 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 #4..
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12 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
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
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13 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
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 #4..
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14 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 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. #4..
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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. #4..
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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 un- #4..
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17 patented invention, article or appliance furnished or used in connection with the contract or purchase order.

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

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

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

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

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

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

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

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

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

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

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

Title:

Phone (Office):

Phone (Mobile):

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

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

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

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

M. State of California
Contractor License
Number and Expiration
Date (if available):

N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and Expiration
Date (if available):
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21 BID FORM C – PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

The payment of Prevailing Wages is required for this project.

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SEWER LIFT STATIONS
Site Estimated
Area (sq.
ft)
Address Annual
Qty
Unit
of
Issue
Unit Cost Total Annual
Extended Cost
Emerald Sewer
Lift Station
8,300 South side of 307
N. Emerald
52 Week
$__________/Wk. $__________/Yr.

Hahn Sewer
Lift Station
7,300 SW corner of
Nightingale
Ave./Honey Creek
Rd.
52 Week
$__________/Wk. $__________/Yr.

Orangeburg
Park Sewer Lift
Station
810 North side of
Orangeburg Ave.,
across from 1100 E.

Orangeburg Ave.
52 Week
$__________/Wk. $__________/Yr.

Rose/Celeste
Sewer Lift
Station
6,700 SE corner of
Rose/Celeste Ave.
52 Week
$__________/Wk. $__________/Yr.

Rumble Sewer
Lift Station
3,600 Across from 1339
Rumble Ave.
52 Week
$__________/Wk. $__________/Yr.

Scenic Sewer
Lift Station
5,000 Across from 2809
Scenic Bend
52 Week
$__________/Wk. $__________/Yr.

Thousand Oaks
Sewer Lift
Station
17,400 Behind 1205
Edgebrook Dr. in
the Park
52 Week
$__________/Wk. $__________/Yr.

Woodland
Sewer Lift
Station
10,800 NE corner of
Woodland
Ave./Poust Ave.
52 Week
$__________/Wk. $__________/Yr.

WASTEWATER TREATMENT PLANT FACILITIES
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
22 Site Estimated
Area (sq.
ft)
Address Annual
Qty
Unit
of
Issue
Unit Cost Total Annual
Extended Cost
Wastewater
Treatment Plant
Sutter Facility:
weekly
(FebruaryOctober)
70,000 1221 Sutter Ave. 38 Week
$________/Wk. $__________/Yr.

Wastewater
Treatment Plant
Sutter Facility:

Bi-weekly
(NovemberJanuary)
70,000 1221 Sutter Ave. 14 Week
$__________/Wk. $__________/Yr.

Wastewater
Treatment Plant
Jennings
Facility: weekly
(FebruaryOctober)
110,000 7007 Jennings Rd. 38 Week
$________/Wk. $__________/Yr.

Wastewater
Treatment Plant
Jennings
Facility: Biweekly
(NovemberJanuary)
110,000 7007 Jennings Rd. 14 Week
$________/Wk. $__________/Yr.

STORM BASINS AND UTILITY EASEMENTS (UE)
Site Estimated
Area (sq.
ft)
Address Annual
Qty
Unit
of
Issue
Unit Cost Total Annual
Extended Cost
Alder Creek
Court Storm
Basin
6,755 2921 Alder Creek
Ct.
12 Month
$_________/Mo. $__________/Yr.

Algen Storm
Basin
434,337 2109 Crows
Landing Rd.
12 Month
$_________/Mo. $__________/Yr.

Allan Adale
(UE)
4,923 3436 Allan Adale
Dr.
12 Month
$_________/Mo. $__________/Yr.

Alma Ave. (UE) 9,554 202 Audrey Ave. 12 Month
$_________/Mo. $__________/Yr.
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
23 Amigo Drive
Storm Basin
7,802 3800 Amigo Dr. 12 Month
$__________/Mo. $__________/Yr.

Buccaneer
Court Storm
Basin
6,210 1312 Buccaneer Ct. 12 Month
$__________/Mo. $__________/Yr.

Carpenter Road
Storm Basin
58,803 1505 Fire Science
Ln.
12 Month
$__________/Mo. $__________/Yr.

Cassidy Court
Storm Basin
59,887 304 Cassidy Ct. 12 Month
$__________/Mo. $__________/Yr.

Central Basin 638,977 3124 Merle Ave. 12 Month
$__________/Mo. $__________/Yr.

Coffee/Claratina
Basin Storm
Basin
8,890 4100 Highlights
Way
12 Month
$__________/Mo. $__________/Yr.

Fairview Basin
Storm Basin
76,496 1925 St. Salazar Cr. 12 Month
$__________/Mo. $__________/Yr.

Grecian Basin
Storm Basin
117,481 405 Grecian Ln. 12 Month
$__________/Mo. $__________/Yr.

Jim Way Storm
Basin
64,436 1601 Jim Way 12 Month
$__________/Mo. $__________/Yr.

Johansen Storm
Basin
485,189 Norseman Dr.
behind Johansen
High School
12 Month
$__________/Mo. $__________/Yr.

Naraghi Storm
Basin
58,206 Naraghi
Lake/Hashem Dr.
100’ south of
Rumble
12 Month
$__________/Mo. $__________/Yr.

North Pointe
Storm Basin
135,065 4605 Chapman Rd. 12 Month
$__________/Mo. $__________/Yr.

Orchard Park
Storm Basin
106,659 At MID Lateral #3
behind Orchard
Elementary School
12 Month
$__________/Mo. $__________/Yr.

Orchard Basin
Alley
9,234 At MID Lateral #3
behind Orchard
Elementary School
12 Month
$__________/Mo. $__________/Yr.

Pecos Storm
Basin
26,289 132 Pecos Ave. 12 Month
$__________/Mo. $__________/Yr.

Pelandale Basin
Storm Basin
81,775 713 Wells Ave. 12 Month
$__________/Mo. $__________/Yr.
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
24 Rimrock Way
Storm Basin
9,742 1229 Rimrock Way 12 Month
$__________/Mo. $__________/Yr.

Riverside Drive
Storm Basin
20,289 201 Capistrano Dr. 12 Month
$__________/Mo. $__________/Yr.

Rouse (UE) 14,158 Near 1850 Rouse 12 Month
$__________/Mo. $__________/Yr.

Salida Blvd.

Storm Basin
12,926 4100 Salida Blvd. 12 Month
$__________/Mo. $__________/Yr.

Rose Lane
Storm Basin
88,891 1601 Sanctuary Ct. 12 Month
$__________/Mo. $__________/Yr.

Snyder East
Storm Basin
163,035 2125 Snyder Ave.

East storm basin,
inside fenced
property ONLY.
12 Month
$__________/Mo. $__________/Yr.

Snyder West
Storm Basin
94,751 2125 Snyder Ave.

West storm basin,
inside fenced
property ONLY.
12 Month
$__________/Mo. $__________/Yr.

Ustick Rd (UE) 2,352 Ustick Rd. and
Crater Ave.
12 Month
$__________/Mo. $__________/Yr.

West Basin
Storm Basin
119,699 3001 Kodiak Dr. 12 Month
$__________/Mo. $__________/Yr.

Landscape Maintenance, Weed Abatement, and Trash Removal - Total Annual Cost $__________________/Yr.

STATE TOTAL ESTIMATED MAN HOURS PER MONTH FOR ALL LOCATIONS (Only for Landscape Maintenance, Weed Abatement, and Trash Removal. NOT INCLUDING RODENT

CONTROL)
_________________________________________________________ HOURS

RODENT CONTROL

SEWER LIFT STATIONS
Site Estimated
Area (sq.
ft)
Address Annual
Qty
Unit of
Issue
Unit Cost Total Annual
Extended Cost
Emerald Sewer
Lift Station
8,300 South side of 307
N. Emerald
12 Month
$_________/Mo. $_________/Yr.
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
25 Hahn Sewer Lift
Station
7,300 SW corner of
Nightingale
Ave./Honey
Creek Rd.
12 Month
$_________/Mo. $__________/Yr.

Orangeburg
Park Sewer Lift
Station
810 North side of
Orangeburg Ave.,
across from 1100
E. Orangeburg
Ave.
12 Month
$_________/Mo. $__________/Yr.

Rose/Celeste
Sewer Lift
Station
6,700 SE corner of
Rose/Celeste Ave.
12 Month
$_________/Mo. $__________/Yr.

Rumble Sewer
Lift Station
3,600 Across from 1339
Rumble Ave.
12 Month
$_________/Mo. $__________/Yr.

Scenic Sewer
Lift Station
5,000 Across from 2809
Scenic Bend
12 Month
$_________/Mo. $__________/Yr.

Thousand Oaks
Sewer Lift
Station
17,400 Behind 1205
Edgebrook Dr. in
the Park
12 Month
$_________/Mo. $__________/Yr.

Woodland
Sewer Lift
Station
10,800 NE corner of
Woodland
Ave./Poust Ave.
12 Month
$_________/Mo. $__________/Yr.

WASTEWATER TREATMENT PLANT FACILITIES
Site Estimated
Area (sq.
ft)
Address Annual
Qty
Unit of
Issue
Unit Cost Total Annual
Extended Cost
Wastewater
Treatment Plant
Sutter Facility
92,000 1221 Sutter Ave. 12 Month
$_________/Mo. $________/Yr.

Wastewater
Treatment Plant
Jennings
Facility
110,000 7007 Jennings Rd. 12 Month
$_______/Mo. $________/Yr.

STORM BASINS AND UTILITY EASEMENTS (UE)
Site Estimated
Area (sq.
ft)
Address Annual
Qty
Unit of
Issue
Unit Cost Total Annual
Extended Cost
Alder Creek
Court Storm
Basin
6,755 2921 Alder Creek
Ct.
12 Month
$_________/Mo. $________/Yr.
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
26 Algen Storm
Basin
434,337 2109 Crows
Landing Rd.
12 Month
$_________/Mo. $________/Yr.

Allan Adale
(UE)
4,923 3436 Allan Adale
Dr.
12 Month
$_________/Mo. $________/Yr.

Alma Ave. (UE) 9,554 202 Audrey Ave. 12 Month
$_________/Mo. $________/Yr.

Amigo Drive
Storm Basin
7,802 3800 Amigo Dr. 12 Month
$_________/Mo. $________/Yr.

Buccaneer
Court Storm
Basin
6,210 1312 Buccaneer
Ct.
12 Month
$_________/Mo. $________/Yr.

Carpenter Road
Storm Basin
58,803 1505 Fire Science
Ln.
12 Month
$_________/Mo. $________/Yr.

Cassidy Court
Storm Basin
59,887 304 Cassidy Ct. 12 Month
$_________/Mo. $________/Yr.

Central Basin 638,977 3124 Merle Ave. 12 Month
$_________/Mo. $________/Yr.

Coffee/Claratina
Storm Basin
8,890 4100 Highlights
Way
12 Month
$_________/Mo. $__________/Yr.

Fairview Basin
Storm Basin
76,496 1925 St. Salazar
Cr.
12 Month
$_________/Mo. $__________/Yr.

Grecian Basin
Storm Basin
117,481 405 Grecian Ln. 12 Month
$_________/Mo. $__________/Yr.

Jim Way Storm
Basin
64,436 1601 Jim Way 12 Month
$_________/Mo. $__________/Yr.

Johansen Storm
Basin
485,189 Norseman Dr.
behind Johansen
High School
12 Month
$_________/Mo. $__________/Yr.

Naraghi Storm
Basin
58,206 Naraghi
Lake/Hashem Dr.
100’ south of
Rumble
12 Month
$_________/Mo. $__________/Yr.

North Pointe
Storm Basin
135,065 4605 Chapman
Rd.
12 Month
$_________/Mo. $__________/Yr.

Orchard Park
Storm Basin
106,659 At MID Lateral
#3 behind
Orchard
Elementary
School
12 Month
$_________/Mo. $__________/Yr.
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
27 Orchard Basin
Alley
9,234 At MID Lateral
#3 behind
Orchard
Elementary
School
12 Month
$_________/Mo. $__________/Yr.

Pecos Storm
Basin
26,289 132 Pecos Ave. 12 Month
$_________/Mo. $__________/Yr.

Pelandale Basin
Storm Basin
81,775 713 Wells Ave. 12 Month
$_________/Mo. $__________/Yr.

Rimrock Way
Storm Basin
9,742 1229 Rimrock
Way
12 Month
$_________/Mo. $__________/Yr.

Riverside Drive
Storm Basin
20,289 201 Capistrano
Dr.
12 Month
$_________/Mo. $__________/Yr.

Rouse (UE) 14,158 Near 1850 Rouse 12 Month
$_________/Mo. $__________/Yr.

Salida Blvd.

Storm Basin
12,926 4100 Salida Blvd. 12 Month
$_________/Mo. $__________/Yr.

Rose Lane
Storm Basin
88,891 1601 Sanctuary
Ct.
12 Month
$_________/Mo. $__________/Yr.

Snyder East
Storm Basin
163,035 2125 Snyder Ave.

East storm basin,
inside fenced
property ONLY.
12 Month
$_________/Mo. $__________/Yr.

Snyder West
Storm Basin
94,751 2125 Snyder Ave.

West storm basin,
inside fenced
property ONLY.
12 Month
$_________/Mo. $__________/Yr.

Ustick Rd (UE) 2,352 Ustick Rd. and
Crater Ave.
12 Month
$_________/Mo. $__________/Yr.

West Basin
Storm Basin
119,699 3001 Kodiak Dr.

Inside fenced
property ONLY
12 Month
$_________/Mo. $__________/Yr.

Rodent Control - Total Annual Cost
$__________________/Yr.
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
28 Landscape Maintenance, Weed Abatement, and Trash
Removal – Total Annual Cost $_______________________________/Yr.

Rodent Control – Total Annual Cost
$_______________________________/Yr.

Total Annual Cost
$_______________________________/Yr.

RATES QUOTED SHALL INCLUDE UP TO 4 CALL BACKS MONTHLY
STATE COST OF CALLBACK IF OVER ALLOTTED MONTHLY AMOUNT $________________________ Any additional work outside of the scope of service specified in the bid shall be billed at the hourly rate. The contractor shall submit a quotation to the City Representative for review and approval. Materials shall be at the Contractor’s landed cost less any earned discounts, plus a mark-up of 15%, plus sales tax. When called for by the City, the Contractor shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the City.

Irrigation Repairs (Prevailing Wage) $___________________________________/Hourly Rate Extra Work Assignments (Prevailing Wage) $___________________________________/Hourly Rate The payment of Prevailing Wages is required for this project.

Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
$ /HR $ /HR % $ /HR
$ /HR $ /HR % $ /HR
$ /HR $ /HR % $ /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.
#4..
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
29 Company Name (Bidder):

Bidder shall list the names of the pesticides used for this service.

1. 2.

3. 4.

5. Payment Terms:

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

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

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

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

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

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.

Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

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

Name of Bidder Signatory:

Signature of Bidder Representative:
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
31 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 $
Company Name:

Address:

City, State, Zip Code
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
32 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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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
33 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 #4..
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
34 until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

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

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

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

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

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

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

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

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

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

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

City of Modesto Business License
Number:

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

Print/Type Name:

Title:

Signature:

Date:
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

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

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

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

Insert Bidder Company History Overview Statement Beginning Here:
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
37 BID FORM I – ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

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

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

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

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

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

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

Bidder Company Name:
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

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

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

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

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

Insert Bidder Warranty Statement Beginning Here:
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39 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.

C. Required Licenses: The successful bidder shall provide proof of valid State of California contractor’s license: C-27 – Landscaping Contractor. The Contractor shall maintain a valid State of California contractor’s license of one of the preceding types for the duration of the contract. If at any time, the Contractor no longer possesses a valid State of California contractor’s license of one of the preceding types, the City of Modesto can terminate the agreement without notice or compensation.

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

The successful bidder shall maintain a City of Modesto business license for the duration of the agreement. #4..
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40 BID FORM L – SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:
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41 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

The City of Modesto, Utilities Department, Wastewater Division, is requesting landscape maintenance, weed abatement, trash removal and burrowing rodent control service at multiple locations throughout the City of Modesto. Currently the City has twenty-five (25) storm basins, eight (8) sewer lift stations, four (4) Utility Easements, and the Sutter Wastewater Treatment Facilities all located throughout the City of Modesto. It is highly recommended that each potential bidder visits every site location on the bid specification. The successful Contractor shall furnish all labor, chemicals and materials, equipment, fuel, tools, licenses and insurance necessary to perform the required services outlined in this IFB. The successful Contractor shall have an adequate amount of staffing and equipment to complete the services outlined in this IFB.

1.1 TECHNICAL REQUIREMENTS FOR STORM BASINS:

The Wastewater Division, Stormwater Collections has twenty-five (25) storm basins as listed on ATTACHMENT A. It is very important to maintain the integrity of the storm basins to have as much storage capacity as possible. This allows the basins to be used to their full potential, ensuring capacity for the removal of storm water from streets during heavy rain events, thus reducing a public safety hazard. These basins are excavated into the ground and consist of sloped dirt banks with access roads for maintenance needs. It is imperative that weeds be kept at a minimum to allow for optimal percolation and to prevent possible vegetation from reaching the pump stations. It is also an effective preventative measure to control the weeds in the summer months when they would typically die off and have the potential to create a fire danger. Weed abatement and trash removal services include regularly scheduled spraying of weeds on flat surfaces and cutting of weeds on sloped surfaces, leaving roots and 4” to 6” of stubble for erosion control as needed, and removal of litter and debris (including disposal), on a monthly basis, and as directed. Any chemicals used in the process shall be applied by a licensed and certified applicator. A monthly rodent control service is required for all basins, with more frequent services provided at three (3) storm water basins: Central Basin, North Pointe and West Basin.

Service shall be provided at all basins and easements on an as needed basis or as directed by the city to prevent erosion caused by squirrels and other burrowing animals. Previous damage from rodents has resulted in costly bank repairs at several basins.

A. Basin Services:

1. The Contractor shall apply one application of pre-emergent yearly and monthly herbicidal applications as needed to control emerging weed growth shall be applied to the areas listed in Attachment A over a twelve (12) month period. The schedule for applications shall be determined by the City Representative and Contractor. Any materials to be applied within storm drain basins shall be approved for aquatic application.

2. To the extent of the property unless otherwise noted, the Contractor shall perform an initial cleanup of each site location prior to application of weed killer. Cleanup work shall include any scrapping, grubbing or blade work needed to remove weeds, brush, saplings, tules and aquatic plant growth, as #4..
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42 well as debris pickup. Annual grubbing shall be performed as necessary. A 30 ft. clearing and removal of vegetation around all drain inlets and outlets shall be maintained.

3. Contractor shall perform litter and debris control on a monthly basis. Litter and debris control shall include dumped items such as tires, shopping carts, furniture, appliances, concrete, concrete materials, etc. This shall apply not only to the basins and easements themselves but to the extent of city property unless otherwise noted.

4. On a monthly basis, at each site, in the surrounding areas up to the property lines, unless exempted in the scope of work, the Contractor shall prune trees measuring 6” and smaller in diameter. Tree limbs measuring 2” in diameter and above shall be removed as part of the pruning process. All other portions of these special provisions notwithstanding, it is the intent of these special provisions that, at a minimum, the Contractor adhere to them to the satisfaction of the City Representative or Designee/s. It is the intent to call for the highest level of quality in tree services compatible with the International Society of Arboriculture Standards and Practices www.isa-arbor.com and modern techniques accepted by the industry.

5. Shrubs and ground cover shall also be pruned as needed. Additionally, the following items shall be performed: weed removal by hand mowing or weed-eater, applying weed-killer as needed, remove and dispose of all cuttings and debris, check all sprinklers, and report any major problems to the City Representative.

6. Perform minor sprinkler repairs. Extra Work

7. On an as needed basis, tree cutting and removal (6” and larger in diameter) shall be provided by contractor. Extra Work

8. The Contractor shall obtain any and all permits and licenses required to perform storm basin weed abatement. No additional charges will be allowed for either permits or licenses.

9. The successful Contractor shall be responsible for both the cleaning of the basins and chemical application.

10. The successful Contractor shall be responsible for all debris removed at each site. Proper disposal of all materials shall follow Local, State and Federal guidelines for any electronic waste, hazardous, or controlled materials.

11. A discharge permit is not required to perform storm basin weed abatement. However, The Contractor shall at no time permit pesticide or fertilizer materials to be applied in such a manner as to allow the pesticide or fertilizer to runoff or drift into any storm drainage system, including, but not limited to: streets, gutters, storm drain catch basins, rockwells, drainage channels, receiving waters, or any other body of water.
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43 Pesticide or fertilizer tanks and equipment shall not be rinsed out as to allow the pesticide or fertilizer to runoff or drift into any storm drainage system, including, but not limited to: streets, gutters, storm drain catch basins, rockwells, drainage channels, receiving waters, or any other body of water. All City contractors shall abide by the City of Modesto Landscape Management Plan – Pesticides and Fertilizer Application in all aspects of pesticide or fertilizer usage, including storage, transportation, application, disposal, equipment maintenance, and accident and spill mitigation. See Section MO3- Landscape and Pest Management at:
https://www.waterboards.ca.gov/rwqcb5/board_decisions/adopted_orders/san_joaquin/r5-2009- 0119_swmp.pdf

12. In addition, all City contractors responsible for pesticide or fertilizer application shall keep records of the following information to be submitted to the City of Modesto Environmental Compliance Section on or before July 1 of each year. The information shall include: type of product used (fertilizer, herbicide, pesticide, disinfectant); brand name of product; active ingredient in product; percent of active ingredient in product; and the amount of product that was used (i.e. ounces, gallons, pounds, etc.) during the period beginning July 1 through June 30th of the following year. The required information shall be submitted to the City of Modesto Water Quality Control Division, Environmental Compliance Section, located at 1221 Sutter Avenue, Modesto, CA 95351. If there are any questions regarding City contractors’ reporting responsibilities, please contact the Environmental Compliance Section at (209) 577-6206.

13. If weather conditions prevent cleanup of the basins during a given month as scheduled, the Contractor will be required to come back and perform cleanup as soon as feasibly possible.

14. Safety Data Sheet (SDS) are required on all chemicals used in performing services described in this IFB. The successful Contractor shall provide SDS to the City Representative prior to the start of the contract. If any new chemicals are to be used, SDS shall be provided to the City Representative prior to any application.

15. Contractor shall be responsible to maintain reasonable dust control while performing services.

16. A monthly work schedule shall be provided to the City Representative by the 1st of each month, outlining work anticipated to be performed at each basin and easement site.

17. Daily work logs will be kept noting time and date of basin serviced and work performed. Logs for prior week will be sent to City Representative on Monday of each week or upon request for review. (see attached Sample I)

18. The Fairview basin will require the “no-mow” grassy area to be maintained weed free and at a 6” to 8” height. Only the cobble rock area shall be weed free at this basin. #4..
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44 19. Basins and easements will require weed control spraying only on the flat areas. The sloped areas of the basin can be spot sprayed for weeds, but generally must be maintained through mowing that leaves stubble with a height of 6” to 8” to help prevent erosion.

1.2 TECHNICAL REQUIREMENTS FOR WASTEWATER LIFT STATIONS:

The Wastewater Division, Plant Maintenance currently has eight (8) sewer lift stations as listed on ATTACHMENT A. The lift stations are located throughout the City in residential and business areas, therefore, it is important that the area around the lift station is clean and professional looking.

A. Contractor shall perform weekly the following tasks at each location listed above:

1. Mowing, pruning, edging and trimming.

2. Debris removal, including litter, trash, clippings and pruning from lawns, shrub beds, driveways, and walkways, parking areas and fence lines.

3. Weed control.

4. Water landscaped areas with sprinklers/controllers.

5. Ensure irrigation timers are properly working and irrigation coverage is sufficient and making appropriate adjustments as needed.

6. Control excessive water waste due to run-off water, ponding and over watering.

7. Perform irrigation system repairs to sprinklers, plumbing, and time clock /controllers. Extra Work

8. Apply the appropriate fertilizer on regular intervals to all plants and lawn areas.

9. Apply chemical applications such as herbicides and pesticides to all plants as needed.

10. Replacement of existing ground covers, lawns, shrubs, and other plants as needed due to improper care at contractor’s expense.

11. Planting of new ground covers, lawns, shrubs, and other plant as requested by City at City expense.

Extra Work

12. Identify any/all health issues with plants and lawn areas and take the appropriate action to eliminate disease using herbicides/pesticides or adjust conditions that may be causing disease such as over irrigation or trees that need material cleared from trunk areas.

13. Report all acts of vandalism including graffiti to the City Representation when it is recognized. It shall be the City’s responsibility to remedy all vandalism and graffiti.

14. Orangeburg Park Sewer Lift Station:
a. Access to site is on the outside of the station building 26 #4..
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45 b. All sprinklers are on timers.

15. Rose/Celeste Sewer Lift Station access shall be through the man-gate. Contractor shall receive a key to the gate upon award of agreement.

16. Woodland Sewer Lift Station:
a. Landscaping shall be on the inside and outside of the perimeter wall, including the honeysuckle that drapes over the fence, paved area, and landscape area. b. There is no lawn to maintain.

17. Emerald, Scenic, Thousand Oaks and Woodland Sewer Lift Stations: Ground cover consists of Creeping St. John’s Wort, which shall be trimmed, fertilized, weed control, and proper sprinkler irrigation to keep soil moist for proper operation of the soil filter beds.

1.3 TECHNICAL REQUIREMENTS FOR WASTEWATER TREATMENT PLANT – SUTTER PLANT:

Location: 1221 Sutter Avenue, Modesto, CA 95354
A. Contractor shall perform weekly landscape maintenance services during the months of February through October and biweekly from November through January, as described below:

1. Lawn mowing, edging, shrub pruning, and trimming.

2. Contractor shall apply the appropriate fertilizer on regular intervals to all plants and lawn areas.

3. Contractor shall ensure irrigation timers are properly working and irrigation coverage is sufficient and making appropriate adjustments as needed on every site visit. Any plants which fail due to mismismanagement of water (too little, too much) will be replaced with same plant/tree at Contractor’s expense.

4. Contractor shall identify any health issue with plants and lawn areas and take the appropriate action to eliminate disease using herbicides/pesticides or adjust conditions that may be causing disease such as over irrigation or trees that need material cleared from trunk areas.

5. All ground cover shall be pruned and trimmed away at least one (1) foot from the fence line, roadway, and field areas and sprinkler heads.

6. Contractor shall maintain area free of weeds.

7. Contractor shall remove all paper, weeds, and trimmings.

8. Shrubs, trees, and lawn areas may be added or removed by City personnel periodically. #4..
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46 B. Chemicals: Chemicals such as Round-Up or other weed control liquids will be applied in accordance with label directions. Contractor shall always be aware of conditions and patterns. Rogue spraying that causes damage to adjacent plants and lawn will be replaced at Contractor’s expense.

C. Additional Specifications:

1. All landscaped areas, that is plant material and bedding is covered under services for this site. The turf areas at this facility are estimated at 70,000 square feet.

2. Curbing around the parking lot is included. Curbing and sidewalks (not parking lot) shall be cleared of debris.

3. Gravel and rock areas are not part of the scope of work. No services are needed in the gravel/rock areas.

1.4 TECHNICAL REQUIREMENTS FOR WASTEWATER TREATMENT PLANT – JENNINGS PLANT:

Location: 7007 Jennings Rd. Modesto CA 95358
A. Contractor shall perform weekly landscape maintenance services during the months of February through October and biweekly from November through January, as described below:

1. Lawn mowing and edging, shrub pruning and trimming, tree trimming.

2. Contractor shall apply the appropriate fertilizer on regular intervals to all plants and lawn areas.

5. All ground cover shall be pruned and trimmed away at least one (1) foot from the fence line, roadway, and field areas and sprinkler heads.

6. Contractor shall maintain area free of weeds.

7. Contractor shall remove all paper, weeds, and trimmings.

8. Shrubs, trees, and lawn areas may be added or removed by City personnel periodically.

B. Chemicals: Chemicals such as Round-Up or other weed control liquids will be applied in accordance with label directions. Contractor shall always be aware of conditions and patterns. Rogue spraying that causes damage to adjacent plants and lawn will be replaced at Contractor’s expense.

C. Additional Specifications:

1. All landscaped areas, that is plant material and bedding is covered under services for this site. The lawn areas at this facility are estimated at 110,000 square feet. #4..
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47 2. Curbing around the parking lot is included. Curbing and sidewalks (not parking lot) shall be cleared of debris.

Areas are as follows:
i. Admin 1 Building/Parking Lot
ii. New Compost entrance trees, planters, Sign Areas, Southside fence line iii. Old Jennings entrance road trees
iv. Fixed Film Reactors (FFR) Lawns, Electrical Shop Rear Lawn

1.5 BURROWING RODENT CONTROL:

A. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a monthly basis wherever and whenever found on any site.

B. Rodent control for all basins and easements shall follow those measures outlined in the University of California Ground Squirrel Best Management Practices (BPM) (2015) when dealing with ground squirrels and other burrowing animals. This BMP uses a calendar to manage times of fumigation, baiting and trapping to control rodents. Historically, burrowing animals have been the number one cause of costly bank failure for the cities storm basins and need to be closely monitored to be kept in check. Burrowing rodents are present at all Basins/Easement locations, but are more predominate at the North Pointe Basin, Snyder East Basin, West Basin, and Central Basin which require closer monitoring and frequent mitigation.

Specifications can be found at: https://ucanr.edu/sites/UrbanAg/files/268436.pdf

1.6 GENERAL REQUIREMENTS ALL SITE LOCATONS:

A. Contractor shall schedule landscape maintenance, weed abatement, and trash removal services Monday through Friday, from the hours of 7:00 A.M. to 5:00 P.M., excluding all major holidays. Deviation from this schedule shall not be permitted without the written permission of the City Representative or designated representative.

B. Contractor shall notify the City of missing sprinklers or sprinklers not working properly. The City shall replace or repair the item or delegate to Contractor at the expense of the City.

C. Contractor is responsible, at Contractor’s expense, to repair or replace all items damaged by the Contractor.

If a repair is needed due to normal wear and tear, Contractor shall notify City, and the City shall repair the item or authorize the Contractor to repair at the expense of the City.

D. From time to time the City may conduct improvement projects, maintenance and repairs, or other construction, at sites described in this invitation for bids. Contractor shall cooperate with the City, or its agents, while said work is underway.

E. The City of Modesto shall not pay mileage charges or travel time from the Contractor’s yard to the job site or from site to site, or for the Contractor’s travel time to pick up materials. #4..
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48 F. Any chemicals used in the process shall be applied by a licensed and certified applicator. Technicians shall maintain a Pest Control Qualified Applicators License (QAL) https://www.cdpr.ca.gov/docs/license/qal.htm or a Qualified Applicator Certificate (QAC) https://www.cdpr.ca.gov/docs/license/qac.htm.

G. The Contractor shall comply with all Local, State and Federal pesticide regulations.

1.7 DISCHARGE TO STORM DRAIN SYSTEM:

The Contractor shall at no time permit pesticide* or fertilizer materials to be applied in such a manner as to allow the pesticide or fertilizer to runoff or drift into any storm drainage system, including, but not limited to:
streets, gutters, storm drain catch basins, Rockwell’s, drainage channels, receiving waters, or any other body of water. Pesticide or fertilizer tanks and equipment shall not be rinsed out as to allow the pesticide or fertilizer to runoff or drift into any storm drainage system, including, but not limited to streets, gutters, storm drain catch basins, Rockwell’s, drainage channels, receiving waters, or any other body of water. All City Contractors shall abide by the City of Modesto Landscape Management Plan – Pesticides and Fertilizer Application in all aspects of pesticide or fertilizer usage, including storage, transportation, application, disposal, equipment maintenance, and accident & spill mitigation. In addition, all City contractors responsible for pesticide or fertilizer application shall keep records of the following information to be submitted to the City of Modesto Environmental Compliance Section on or before July 1 of each year. The information shall include type of product used (fertilizer, herbicide, pesticide, disinfectant); brand name of product; active ingredient in product; percent of active ingredient in product; and the amount of product that was used (i.e., ounces, gallons, pounds, etc.) during the period beginning July 1 through June 30th of each year. The required information shall be submitted to the City of Modesto Water Quality Control Division, Environmental Compliance Section, located at 1221 Sutter Avenue, Modesto, CA 95351.

If there are any questions regarding City contractors’ reporting responsibilities, please contact the Environmental Compliance Section at (209) 577-6206.
* “Pesticide” as defined by the United States Environmental Protection Agency

1.8 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the City, the Contractor shall be responsible for and have care, custody, and control of the work and of the materials to be used therein, including materials delivered to the work site, materials for which partial payment has been received, and materials that have been furnished by the City. The Contractor shall bear full risk of loss, injury or damage to any part of the work and materials by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make whole all loss or damage to any portion of the work or materials, before final acceptance and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code. Suspension of work for any cause whatsoever shall not relieve the Contractor of his/her responsibility for the work and materials as specified on the work request. The Contractor shall be responsible for any damage his/her activities cause to adjacent public or private property. The Contractor will take all measures necessary to protect adjacent natural areas from runoff, sedimentation, debris, or other damage resultant from the project activities.
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49 1.9 CITY REPRESENTATIVE:

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

1.10 CLEAN UP:

Prior to requesting a final inspection, the Contractor shall carefully cleanup and remove all surplus materials and/or debris of any type resulting from the Contractors’ work from the work site and shall dispose of all of the materials and debris in a proper manner. The work site shall be left clean and neat. Materials, cuttings, and debris may not be stockpiled without permission from the City Representative. Stockpiles must be removed within one week (5 days) of approval.

1.11 DISPOSAL OF MATERIALS:

The Contractor shall certify that any materials and debris removed from the site shall be disposed of in accordance with applicable Federal, State and Local laws, regulations or ordinances. If requested by the City, Contractor shall furnish proof of disposal.

1.12 CHARACTER OF WORKERS:

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

1.13 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.14 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.

A. Pricing shall remain firm for the first two years of any agreement, which may be awarded pursuant to this IFB.

B. Price increases for subsequent agreement years three, four, and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the #4..
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50 Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year. #4..
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51 ATTACHEMENT A

SERVICE LOCATIONS

SEWER LIFT STATIONS
Location Address/Location Nearest Address/Cross Street
Emerald Sewer Lift Station South side of 307 N. Emerald Hahn Sewer Lift Station SW corner of Nightingale
Ave./Honey Creek Rd.

Orangeburg Park Sewer Lift Station
North side of Orangeburg Ave.,
across from 1100 E. Orangeburg
Ave.

Rose/Celeste Sewer Lift Station SE corner of Rose/Celeste Ave.

Rumble Sewer Lift Station Across from 1339 Rumble Ave.

Scenic Sewer Lift Station Across from 2809 Scenic Bend
Thousand Oaks Sewer Lift Station Behind 1205 Edgebrook Dr. in the Park
Woodland Sewer Lift Station NE corner of Woodland Ave./Poust Ave.

WASTEWATER TREATEMTN PLANT FACILITIES
Wastewater Treatment Plant Sutter
Facility 1221 Sutter Ave.

Wastewater Treatment Plant Jennings
Facility 7007 Jennings Rd.

STORM BASINS AND UTILITY EASEMENTS (UE)
Alder Creek Court Storm Basin 2921 Alder Creek Ct.

Algen Storm Basin 2109 Crows Landing Rd.

Allan Dale (UE) 3436 Allan Adale Dr.

Alma Ave (Utility UE) 202 Audrey Ave.

Amigo Drive Storm Basin 3800 Amigo Dr.

Buccaneer Court Storm Basin 1312 Buccaneer Ct.

Carpenter Road Storm Basin 1505 Fire Science Ln.

Cassidy Court Storm Basin 304 Cassidy Ct.

Central Basin Storm Basin 3124 Merle Ave.

Coffee/Claratina Basin Storm Basin 4100 Highlights Way
Cummins Drive Storm Basin 1620 Cummins Drive
Fairview Basin Storm Basin 1925 St. Salazar Cr.

Grecian Basin Storm Basin 405 Grecian Ln.

Jim Way Storm Basin 1601 Jim Way
Johansen Storm Basin Norseman Dr. behind Johansen
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52 High School
Naraghi Storm Basin Naraghi Lake/Hashem Dr. 100’
south of Rumble
North Pointe Storm Basin 4605 Chapman Rd.

Orchard Park Storm Basin At MID Lateral #3 behind
Orchard Elementary School
Orchard Basin Alley At MID Lateral #3 behind
Orchard Elementary School
Pecos Storm Basin 132 Pecos Ave.

Pelandale Basin Storm Basin 713 Wells Ave.

Rimrock Way Storm Basin 1229 Rimrock Way
Riverside Drive Storm Basin 201 Capistrano Dr.

Rouse (UE) Near 1850 Rouse
Salida Blvd. Storm Basin 4100 Salida Blvd.

Rose Lane Storm Basin 1601 Sanctuary Ct.

Snyder East Storm Basin
2125 Snyder Ave. East storm
basin, inside fenced property
ONLY.

Snyder West Storm Basin
2125 Snyder Ave. West storm
basin, inside fenced property
ONLY.

Ustick Rd (UE) Ustick Rd. and Crater Ave.

West Basin Storm Basin 3001 Kodiak Dr.
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53 ATTACHMENT B

LOCATION MAPPING IMAGES

SEWER LIFT STATIONS
Emerald Lift
Station
Hahn Sewer Lift
Station
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54 Orangeburg
Park Sewer Lift
Station
Rose/Celeste
Sewer Lift
Station
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55 Rumble Sewer
Lift Station
Scenic Sewer
Lift Station
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
56 Thousand Oaks
Sewer Lift
Station
Woodland
Sewer Lift
Station
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
57 WASTEWATER TREATEMNT PLANT FACILITIES
Wastewater
Treatment
Plant: Sutter
Facility
Wastewater
Treatment
Plant: Jennings
Facility
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
58 STORM BASINS AND UTILITY EASEMENTS (UE)
Alder Creek
Court Storm
Basin
Algen Storm
Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
59 Allan Dale
(Utility
Easement)
Alma Ave
(Utility
Easement)
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
60 Amigo Drive
Storm Basin
Buccaneer
Court Storm
Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
61 Carpenter Road
Storm Basin
Cassidy Court
Storm Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
62 Central Basin
Storm Basin
Coffee/Claratina
Storm Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
63 Cummins Drive
Storm Basin
Fairview Basin
Storm Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
64 Grecian Basin
Storm Basin
Jim Way Storm
Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
65 Johansen Storm
Basin
Naraghi Storm
Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
66 North Pointe
Storm Basin
Orchard Park
Storm Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
67 Orchard Basin
Alley
Pecos Storm
Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
68 Pelandale Basin
Storm Basin
Rimrock Way
Storm Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
69 Riverside Drive
Storm Basin
Rouse (UE)
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
70 Salida Blvd.

Storm Basin
Rose Lane
Storm Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
71 Snyder East
Storm Basin
Snyder West
Storm Basin
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
72 Ustick Rd (UE)
West Basin
Storm Basin
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73 SAMPLE AGREEMENT

SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of ____________________ , 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-______ authorizing the Award of Bid and agreement for the LANDSCAPE MAINTENANCE SERVICES FOR WATER WELLS AND TANK SITES 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 LANDSCAPE MAINTENANCE SERVICES FOR WATER WELLS AND TANK SITES as described in IFB 2324-61 attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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74 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, 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.

AGREEMENT PRICING

LANDSCAPE MAINTENANCE, WEED ABATEMENT, AND TRASH

REMOVAL

LOCATION QTY UNIT OF

ISSUE UNIT PRICE TOTAL
Sewer Lift Stations
Emerald Sewer Lift Station 52 WEEK
Hahn Sewer Lift Station 52 WEEK
Orangeburg Park Sewer Lift Station 52 WEEK
Rose/Celeste Sewer Lift Station 52 WEEK
Rumble Sewer Lift Station 52 WEEK
Scenic Sewer Lift Station 52 WEEK
Thousand Oaks Sewer Lift Station 52 WEEK
Woodland Sewer Lift Station 52 WEEK
Wastewater Treatment Plant Facilities
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75 Water Quality Control Sutter Facility
(Weekly service February through October) 38WEEK
Water Quality Control Sutter Facility
(Biweekly service November through
January)
14WEEK
Wastewater Treatment Plant Jennings
Facility: weekly (February-October) 38
WEEK
Wastewater Treatment Plant Jennings
Facility: biweekly (November-
January)
14 WEEK
Storm Basins andUtilities Easements (UE)
Alder Creek Court Storm Basin 12MONTH
Algen Storm Basin 12 MONTH
Allan Dale (Utility Easement) 12 MONTH
Alma Ave (Utility Easement) 12 MONTH
Amigo Drive Storm Basin 12 MONTH
Buccaneer Court Storm Basin 12 MONTH
Carpenter Road Storm Basin 12 MONTH
Cassidy Court Storm Basin 12 MONTH
Central Basin Storm Basin 12 MONTH
Coffee/ Claratina Basin Storm Basin 12 MONTH
Cummins Drive Storm Basin 12 MONTH
Fairview Basin Storm Basin 12 MONTH
Grecian Basin Storm Basin 12 MONTH
Jim Way Storm Basin 12 MONTH
Johansen Storm Basin 12 MONTH
Naraghi Storm Basin 12 MONTH
North Pointe Storm Basin12 MONTH
Orchard Park Storm Basin 12 MONTH
Orchard Basin Alley 12 MONTH
Pecos Storm Basin 12 MONTH
Pelandale Basin Storm Basin 12 MONTH
Rimrock Way Storm Basin 12 MONTH
Riverside Drive Storm Basin 12 MONTH
Rouse (Utility Easement) 12 MONTH
Salida Blvd Storm Basin 12 MONTH
Rose Lane Storm Basin 12 MONTH
Snyder West Storm Basin 12 MONTH
Snyder East Storm Basin 12 MONTH
Ustick (Utility Easement) 12 MONTH
West Basin Storm Basin 12 MONTH RODENT CONTROL
Sewer Lift Stations
Emerald Sewer Lift Station 52WEEK
Hahn Sewer Lift Station 52 WEEK
Orangeburg Park Sewer Lift Station 52WEEK
Rose/Celeste Sewer Lift Station 52WEEK
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76 Rumble Sewer Lift Station 52WEEK
Scenic Sewer Lift Station 52WEEK
Thousand Oaks Sewer Lift Station 52WEEK
Woodland Sewer Lift Station 52WEEK
Wastewater Treatment Plant Facilities
Water Quality Control: Sutter
Facility
1 MONTH
Wastewater Treatment Plant Jennings
Facility
1 MONTH
Storm Basins and Utilities Easements (UE)
Alder Creek Court Storm Basin 12 MONTH
Algen Storm Basin12 MONTH
Allan Dale (Utility Easement)12 MONTH
Alma Ave (Utility Easement) 12 MONTH
Amigo Drive Storm Basin 12 MONTH
Buccaneer Court Storm Basin 12 MONTH
Carpenter Road Storm Basin 12 MONTH
Cassidy Court Storm Basin 12 MONTH
Central Basin Storm Basin 12 MONTH
Coffee/ Claratina Basin Storm Basin 12 MONTH
Cummins Drive Storm Basin12 MONTH
Fairview Basin Storm Basin 12 MONTH
Grecian Basin Storm Basin 12 MONTH
Jim Way Storm Basin 12 MONTH
Johansen Storm Basin 12 MONTH
Naraghi Storm Basin 12 MONTH
North Pointe Storm Basin 12 MONTH
Orchard Park Storm Basin 12 MONTH
Orchard Basin Alley 12 MONTH
Pecos Storm Basin 12 MONTH
Pelandale Basin Storm Basin 12 MONTH
Rimrock Way Storm Basin 12 MONTH
Riverside Drive Storm Basin 12 MONTH
Rouse (Utility Easement) 12 MONTH
Salida Blvd Storm Basin 12 MONTH
Rose Lane Storm Basin 12 MONTH
Snyder West Storm Basin 12 MONTH
Snyder East Storm Basin 12 MONTH
Ustick (Utility Easement) 12 MONTH
West Basin Storm Basin 12 MONTH

MISCELLANEOUS
Cost of call back if over 41 MONTH
Hourly rate – irrigation repairs 1 HOUR
Hourly rate – extra work
Assignments
1 HOUR
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77 2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Contact: Melvin Rosal, Buyer, (209) 577-5420 , [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five years. #4..
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78 Year 1: 2024 through 2025
Year 2: 2025 through 2026
Year 3: 2026 through 2027
Year 4: 2027 through 2028
Year 5: 2028 through 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

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

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. 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.
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79 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.

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

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 #4..
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80 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 [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

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

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 #4..
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81 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:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-61
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:
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82 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 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 #4..
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83 SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

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

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.

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).
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85 15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. DIR REGISTRATION: Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

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

18. NOTICES:

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

19. SIGNATORY(IES) FOR CONTRACTOR:

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

20. QUANTITIES: No minimum or maximum is guaranteed or implied.

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

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

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 #4..
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87 Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

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

25. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or 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 #4..
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88 documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

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

27. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY.

CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

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

29. ASSIGNMENT:

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

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

31. HEADINGS NOT CONTROLLING:

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

32. MISCELLANEOUS:

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

33. ENTIRE AGREEMENT:

34. PARTIAL INVALIDITY:

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 5, 2024
Date: June 13, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Generator Repair and Preventive Maintenance Agreement CONTACT: Manuel Martinez, Acting Water Division Manager, [email protected], 209-342-4592
DESCRIPTION:

Consider the Agreements for Generator Repair and Preventative Maintenance Service with Bay City Electric Works of Livermore, CA, and PowerGen, Inc. of Tracy, CA, for a total amount not to exceed $1,214,800 over five years and forwarding to Council for approval. (Funding Source:

Various Funds)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The City of Modesto Utilities Department, Police Department, and Public Works Department rely upon contractual agreements for repair and preventative maintenance of approximately sixtyeight (68) generators, although additional generators may be identified over the course of this service agreement. Stationary generators provide emergency back-up power to various City facilities, allowing departments to continue operations during a power outage. Portable generators provide power for special projects in remote areas, back-up power to smaller facilities and power for special City events.

On May 9, 2017, by Resolution 2017-188, Council approved the award of bid for generator preventative maintenance and repairs services for the Water and Wastewater Divisions for a twoyear agreement to Central California Generator of Riverbank, California, with three (3) one-year extension options for an estimated annual cost of $115,000 and a total combined cost not to exceed $575,000 over five years, through May 10, 2022.
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In October 2020, a new Agreement with the same terms and conditions was issued to Bay City Electric Works of Livermore, California (“Bay City”) due to the acquisition of Central California Generator and assumption of their contracts. The balance of the previous agreement was $124,850.60, leaving $450,149.40 remaining on the agreement with Bay City.

On December 14, 2021, by Resolution 2021-492, Council approved the First Amendment to the Agreement with Bay City, extending the termination date from May 10, 2022, to November 10, 2022, with no increase in spending authority.

On November 17, 2022, the Director of Finance approved the Second Amendment to the Agreement with Bay City, extending the termination date from November 10, 2022, to November 10, 2023, with no increase in spending authority.

On October 5, 2023, the Director of Finance approved the Third Amendment to the Agreement with Bay City, extending the termination date from November 10, 2023, to May 10, 2024, with no increase in spending authority.

On April 9, 2024, by Resolution 2324-123, Council approved the Fourth Amendment to the agreement with Bay City, extending the termination date from May 10, 2024, to August 31, 2024 and increased the previous approved Not to Exceed amount from $575,000 to $935,000.

DISCUSSION:

On January 10, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement for Generator Repair and Preventative Maintenance Service. On March 13, 2024, the Purchasing Division issued Invitation For Bids (IFB) No. 2122-46RB, Generator Repair and Preventative Maintenance Service, on the City’s PlanetBids public bidding website under various commodity codes1. Prospective bidders were notified online and via email of the bid opportunity.

Twenty-Five (25) companies downloaded the IFB document from PlanetBids.

On April 23, 2024, bids were formally opened in the City Clerk and broadcast via Microsoft Teams Livestream. Two (2) companies chose to respond, and no local bids were received. Based on providing the lowest responsive and responsible bid, City staff recommends awarding the Generator Repair and Preventative Maintenance Service Agreement to Bay City as Primary and PowerGen Inc. of Tracy CA (“PowerGen”) as Secondary for a two (2) year agreement with three (3) one-year extension options, for a total estimated annual amount of $181,300, and $1,214,800 over five years. Staff is requesting to give the Director of Finance the approval to adjust agreement totals between vendors based on availability and department needs.

To ensure continued service to the City, contracts may be awarded to more than one contractor to provide backup if the primary contractor is unable to meet the City’s needs. A secondary contractor may be awarded a specific job if the primary contractor is unable to perform the service, unable to complete the specific job within the time frame required by the City, or unable to maintain acceptable quality standards required by the City.

The operation of Wastewater generators is essential to maintaining operations in the event a generator fails and emergency rental services are required, and $250,000 from the Wastewater Fund will be allocated for emergency rental purposes only. 1 69000 Power Generation Equipment, and Supplies
91438 Electrical
93600 Equipment Maintenance and Repair Services for General Equipment 93625 Electrical Equipment (except Cable and Wires, and Lighting Fixtures) Maintenance and Repair 94100 Equipment Maint., Repair, and Related Services or Power Generation and Transmission Equip. #5..
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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. An award of bid and Agreements for Generator Repair and Preventative Maintenance Service for citywide use to Bay City and PowerGen conforms to the Modesto Municipal Code because the City complied with formal bid procedures, and Bay City and PowerGen were the lowest responsive and responsible bidders.

FISCAL IMPACT:

Expenditures for generator maintenance over the past seven years are listed below:

Contract Year Dates Expended
CY1 (2017-18) 05/09/17 - 05/09/18 $30,418
CY2 (2018-19) 05/09/18 - 05/09/19 $46,693
CY3 (2019-20) 05/09/19 - 05/09/20 $32,037
CY4 (2020-21) 05/09/20 - 05/09/21 $19,128
CY5 (2021-22) 05/09/21 - 05/09/22 $14,571
Extension 1 05/10/22 - 11/10/22 $28,320
Extension 2 11/11/22 - 11/10/23 $333,570
Extension 3 11/11/23 - 05/10/24 $85,881
Extension 4 05/11/24 - 08/31/24 $0
Grand Total: $590,618
The table below shows the projected combined spending for both vendors, with the first two years fixed and a 5% increase annually in years three through five:

Agreement Year Combined Total
Year 1, 9/1/24 – 8/31/25 $181,300
Year 2, 9/1/25 – 8/31/26 $181,300
Year 3, 9/1/26 – 8/31/27 $190,600
Year 4, 9/1/27 – 8/31/28 $200,500
Year 5, 9/1/28 – 8/31/29 $211,100
Emergency Rentals $250,000
Total Not To Exceed $1,214,800
Estimated expenditures are budgeted in the following department funds:
 Utilities: Sewer Operations (4210-44313), Storm Drain (4480-44311), Water (4100-45050)  Public Works: Fleet Operations (5400-53243)
 General Fund (0100): Police (19490), Fire (18610 and 18212)  Miscellaneous Funds as needed
Estimated Spending Projected Expenditures
DEPT - Fund Year 1 Year 2 Year 3 Year 4 Year 5 Total
UTIL - Sewer Operations $60,000 $60,000 $63,000 $66,200 $69,600 $318,800 UTIL – Sewer
Emergency Rentals
$ - $ - $ - $ - $ - $250,000
UTIL - Storm Drain $20,000 $20,000 $21,000 $22,100 $23,300 $106,400 #5..
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UTIL - Water $55,000 $55,000 $57,800 $60,700 $63,800 $292,300 Gen Fund - MPD $11,000 $11,000 $11,600 $12,200 $12,900 $58,700 Gen Fund - MFD $19,000 $19,000 $20,000 $21,000 $22,100 $101,100 Gen Fund - Oakdale Fire $2,300 $2,300 $2,500 $2,700 $2,900 $12,700 PW - Fleet $4,000 $4,000 $4,200 $4,500 $4,800 $21,500
Misc. Divisions $ 10,000 $10,000 $10,500 $11,100 $11,700 $53,300 Grand Total $181,300 $181,300 $190,600 $200,500 $211,100 $1,214,800 * Fixed Rate Years 1-2; Annual 5% Increase Years 3-5
RECOMMENDED COMMITTEE ACTION:

Staff Recommendation:

Motion recommending the Award of Bid and Agreements for Generator Repair and Preventative Maintenance Service to Bay City Electric Works of Livermore, CA and PowerGen Inc., of Tracy, CA, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $181,300 and a total amount not to exceed $1,214,800 over five years and forwarding to Council for approval.

Approved by:

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

1. Agreement – Bay City

2. Agreement – PowerGen

3. Exhibit B, Bid Submittal – Bay City

4. Exhibit B, Bid Submittal – PowerGen

5. Exhibit C – IFB No. 2122-46RB

6. Cost Abstract IFB No. 2122-46RB
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ANNUAL AGREEMENT NO 275315

FOR GENERATOR REPAIR AND PREVENTATIVE MAINTENANCE SERVICES BAY CITY EQUIPMENT INDUSTRIES, INC. DBA BAY CITY ELECTRIC WORKS 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 Bay City Equipment Industries, Inc. dba Bay City Electric Works, a California Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024- _______authorizing the Award of Bid and agreement for the Generator Repair and Preventative Maintenance 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 #5..
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WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Generator Repair and Preventative Maintenance SERVICE as described in IFB 2122-46RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and
insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $126,910. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $850,360. 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
Service Rates Cost Unit of
Measure
Hourly Rate – Regular Hours $180.00 Hour
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Hourly Rate – After Hours, Weekends and Holidays $270.00 Hour Mileage $2.75 Mile
Parts Mark Up 10% Percentage
Emergency Rental Services Cost Unit of
Measure
Emergency Rental - 50KW (Flat Fee to include all
associated costs) $2,253.00 Day
Emergency Rental - 250KW (Flat Fee to include all
associated costs) $2,901.00 Day
Emergency Rental - 500KW (Flat Fee to include all
associated costs) $3,551.30 Day
Emergency Rental - 750KW (Flat Fee to include all
associated costs) $4,676.00 Day
Emergency Rental - 1250KW (Flat Fee to include all
associated costs) $5,896.74 Day
Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Generator Technician $180 /HR N/A 0% $180 /HR
Electrician Foreman $180 /HR N/A 0% $180 /HR
Journey Electrician $180 /HR N/A 0% $180 /HR
Apprentice 2nd Year $180 /HR N/A 0% $180 /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

Provide a labor markup percent (%) to be applied to all labor in executing work authorized by this agreement.

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. #5..
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In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit C are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: 527646

3. CITY REPRESENTATIVE:

CITY Representative:

Utilities – Water Division
Tony Benns, Utility Plant Operations Supervisor, (209) 342-4574, [email protected]
Utilities – Wastewater Division
Jennings Facility – Rogelio Munguia, Plant Maintenance Supervisor, (209) 857-0087, [email protected]
Sutter Facility and Lift Stations – Richard Christeson, Plant Maintenance Supervisor, (209) 652-4302, [email protected]
Modesto Police Department
Jeremy Dayton, Operations Supervisor, (209) 652-1067,
[email protected]
Modesto Fire Department
Kathryn Volkerts, AOA III, (209) 480-1449, [email protected] #5..
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Purchasing Contact:

Melvin Rosal, Buyer, (209) 577-5420, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR REPRESENTATIVE:

Service Request Contact: (866) 938-8200
Matt Abrahamson – Service Manager, [email protected] Jordan Gonzalez – Assistant Service Manager & Service Coordinator, [email protected]
Jennifer Sexton – Service Coordinator, [email protected] Agreement Contact: Robert Gonzalez, (925) 453-1918, [email protected]

5. 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: September 1, 2024 through August 31, 2025
Year 2: September 1, 2025 through August 31, 2026
Year 3: September 1, 2026 through August 31, 2027
Year 4: September 1, 2027 through August 31, 2028
Year 5: September 1, 2028 through August 31, 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT. #5..
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Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and 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 #5..
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employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

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

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. #5..
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7. PAYMENT:

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 275315
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

8. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the #5..
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CITY, its agents, officials, officers, employees, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

10. ATTORNEYS’ FEES:

11. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2122-46RB;
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d. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, 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 #5..
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any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. #5..
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The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials;
b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

14. FAILURE TO PERFORM SATISFACTORY WORK:

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS:

16. CITY PROCESS/PROCEDURE APPROVALS:

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

17. DIR REGISTRATION:

Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by #5..
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Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

19. NOTICES:

CONTRACTOR: Bay City Electric Works
13625 Danielson Street
Poway, CA 92064

CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353

Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR:
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Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

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

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

24. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California #5..
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Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

25. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure #5..
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and maintain all necessary permits, necessary to perform the SERVICES.

26. RECORDS:

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

27. FACILITIES AND EQUIPMENT:

28. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, #5..
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pursuant to this AGREEMENT to bind City to any obligation whatsoever.

29. DRUG FREE WORKPLACE:

30. ASSIGNMENT:

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

31. WAIVER:

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

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

34. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as #5..
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Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

35. PARTIAL INVALIDITY:

FOR GENERATOR REPAIR AND PREVENTATIVE MAINTENANCE SERVICES POWERGEN, INC.

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 PowerGen Inc., a California Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024- _______authorizing the Award of Bid and agreement for the Generator Repair and Preventative Maintenance 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 Generator Repair and Preventative Maintenance SERVICE as described in IFB 2122-46RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB). #5..
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NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and
insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $54,390. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $364,440. 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
Service Rates Cost Unit of
Measure
Hourly Rate – Regular Hours $230.00 Hour
Hourly Rate – After Hours, Weekends and Holidays $345.00 Hour Mileage $2.95 Mile
Parts Mark Up 10% Percentage
Emergency Rental Services Cost Unit of
Measure
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Emergency Rental - 50KW (Flat Fee to include all
associated costs) $780.00 Day
Emergency Rental - 250KW (Flat Fee to include all
associated costs) $2,066.00 Day
Emergency Rental - 500KW (Flat Fee to include all
associated costs) $3,536.00 Day
Emergency Rental - 750KW (Flat Fee to include all
associated costs) $4,595.00 Day
Emergency Rental - 1250KW (Flat Fee to include all
associated costs) $8,595.00 Day
Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Generator Technician $43.57 /HR $12.30 /HR 0% $55.87 /HR Electrician Foreman $0.00 /HR $0.00 /HR 0% $0.00 /HR
Journey Electrician $0.00 /HR $0.00 /HR 0% $0.00 /HR
Apprentice 2nd Year $24.00 /HR $6.20 /HR 0% $30.20 /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

Provide a labor markup percent (%) to be applied to all labor in executing work authorized by this agreement.

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit C are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department #5..
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and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: 527700

3. CITY REPRESENTATIVE:

CITY Representative:

Melvin Rosal, Buyer, (209) 577-5420, [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 #5..
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of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR REPRESENTATIVE:

Service Requests Contact: Norma Hunt and Deanna Murillo, (209) 229-1990 Agreement Contact: Victor Poley, (209) 597-0925, [email protected]

5. 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.

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

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall #5..
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provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage. c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit 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 #5..
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CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

7. PAYMENT:

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
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At a minimum, invoices shall state the following:
 This AGREEMENT 275316
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

8. INDEMNITY:

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

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California #5..
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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 law’s provisions or principles.

10. ATTORNEYS’ FEES:

11. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2122-46RB;
d. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other #5..
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time as may be identified in the notice. Failure to correct any non-performance shall allow the nonbreaching party to terminate this AGREEMENT for cause.

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, 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 #5..
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performing the SERVICES whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination.

The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials;
b. The AGREEMENT price allocable to the portion of the SERVICES #5..
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properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

14. FAILURE TO PERFORM SATISFACTORY WORK:

15. ASSIGNMENT OF RIGHTS:

16. CITY PROCESS/PROCEDURE APPROVALS:

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

17. DIR REGISTRATION:

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage #5..
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or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

19. NOTICES:

CONTRACTOR: PowerGen Inc.
300 West Larch Road Suite #1
Tracy, CA 95376

CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353

Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR:

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

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

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

24. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative 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.
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c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

25. CONTRACTOR LICENSES & PERMITS:

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

26. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this #5..
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AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

27. FACILITIES AND EQUIPMENT:

28. INDEPENDENT CONTRACTOR; NOT AGENT:

29. DRUG FREE WORKPLACE:

30. ASSIGNMENT:

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

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

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

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

34. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

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

35. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and PowerGen Inc. has caused this Agreement to be duly executed.
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1 INVITATION FOR BIDS (“IFB”) NO. 2122-46RB
FOR

GENERATOR REPAIR AND PREVENTATIVE MAINTENANCE SERVICE

THE PAYMENT OF PREVAILING WAGES IS REQUIRED
BID WALK: WEDNESDAY, MARCH 20, 2024
LOCATION: 1221 SUTTER AVE, MODESTO, CA
TIME: 8:00 AM
BID OPENING: April 23, 2024 at 11:00 A.M.

CITY OF MODESTO CONTACT: Melvin Rosal, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5420
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INVITATION FOR BIDS # 2122-46RB

GENERATOR REPAIR AND

PREVENTATIVE MAINTENANCE

SERVICE
2 Table of Contents
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 BID SUBMITTAL CHECKLIST............................................................................................................. 14 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 15 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 18 BID FORM C - PRICING SCHEDULE .............................................................................................. 20 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 23 BID FORM E – BIDDER CUSTOMER REFERENCES .................................................................... 24 BID FORM F - FINANCIAL INTEREST DISCLOSURE.................................................................. 26 BID FORM G – SUPPORT OF LOCAL VENDORS.......................................................................... 28 BID FORM H - BIDDER COMPANY HISTORY STATEMENT..................................................... 29 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 30 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 31 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 32 BID FORM L - SUBCONTRACTOR LIST.......................................................................................... 33 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ............................................................. 34

1.1 SCOPE OF WORK:........................................................................................................................ 34

1.3 REQUIRED LICENSES:................................................................................................................ 46 SAMPLE ANNUAL AGREEMENT - SERVICES................................................................................. 47 #5..
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INVITATION FOR BIDS # 2122-46RB

GENERATOR REPAIR AND

PREVENTATIVE MAINTENANCE

SERVICE
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of generator repair and preventative maintenance services (the “Services”) for the City of Modesto.

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).

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to, Tuesday, April 23, 2024 at 11:00 A.M., at which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

GENERATOR REPAIR AND

PREVENTATIVE MAINTENANCE

SERVICE
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2122-46RB

GENERATOR REPAIR AND PREVENTATIVE MAINTENANCE SERVICE
BID OPENING DATE: April 23, 2024 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

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

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET,
MODESTO, CA 95353 SUITE 6600
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. #5..
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INVITATION FOR BIDS # 2122-46RB

GENERATOR REPAIR AND

PREVENTATIVE MAINTENANCE

SERVICE
5 CALENDAR OF EVENTS
Event Date
IFB Issued March 13, 2024
Bid Walk March 20, 2024
Written Questions Due via Email March 29, 2024
Addendum Issued (if required) April 3, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, April 23, 2024 Agreement Award Approximately May, 2024

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

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

GENERATOR REPAIR AND

PREVENTATIVE MAINTENANCE

SERVICE
6 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.

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, April 23, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

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

URL -https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?cont ext=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d • Click here to join the meeting
• +1 469-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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INVITATION FOR BIDS # 2122-46RB

GENERATOR REPAIR AND

PREVENTATIVE MAINTENANCE

SERVICE
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two (2) “inked” (preferably blue ink) signed original Bid document, plus one (1) copy of the signed original Bid document, and one (1) electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

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.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed:
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
• Bid Form I - Addenda Acknowledgement Page (if applicable) #5..
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INVITATION FOR BIDS # 2122-46RB

GENERATOR REPAIR AND

PREVENTATIVE MAINTENANCE

SERVICE
8 • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

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

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay 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. • 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 #5..
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9 best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

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

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

L. PREVAILING WAGE: Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120 M. 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.
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10 • Bidder has made all reasonable investigations essential to a full understanding of the difficulties which may be encountered in performing the work.
• Bidder will complete the proposed provision of 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.

N. 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.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. #5..
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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
Modesto CA 95353
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12 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
Modesto CA 95354
Or mailed to:

City Clerk’s Office
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13 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.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #5..
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14 BID SUBMITTAL CHECKLIST

Bidder’s Bid must contain the following applicable elements completed and signed as described more-fully 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. #5..
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15 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.

The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

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

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder.

The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. #5..
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17 Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

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

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

Title:

Phone (Office):

Phone (Mobile):

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

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

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

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

M. State of California
Contractor License
Number and Expiration
Date (if available):

N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and Expiration
Date (if available):
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20 BID FORM C – PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required 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.

The payment of Prevailing Wages is required for this project.

The lowest bidder will be determined by the total cost of services provided at all three job locations.

Services
Generator 1 (Sutter West)
– 1221 Sutter Ave
Cummins - 750 KW /
1135 BHP
Hours to
Complete
Hourly RateRegular Hours Parts/Supplies Parts Mark Up
%
Extended Price
PM – Minor
$ $ % $
PM – Major
$ $ % $
3 – Year PM
Service $ $ % $
Total $
Generator 2 (Sutter East) –
1221 Sutter Ave
Cummins – 1,250 KW /
1,850 BHP
Hours to
Complete
Hourly RateRegular Hours
Parts/Supplies Parts Mark Up
%
Extended Price
PM – Minor
$ $ % $
PM – Major
$ $ % $
3 – Year PM
Service $ $ % $
Total $
Generator 3 (Well 15b) –
1221 Sutter Ave
Deere 105 KW / 166 BHP
Hours to
Complete
Hourly RateRegular Hours Parts/Supplies Parts Mark Up
%
Extended Price
PM – Minor
$ $ % $
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21 PM – Major
$ $ % $
3 – Year PM
Service $ $ % $
Total $
Sum of All 3 Jobs $___________________
Services provided by lowest bidder will be based on the pricing schedule below.

Service Rates Cost Unit of Measure
Hourly Rate – Regular Hours
$ Hour
Hourly Rate – After Hours, Weekends and Holidays
$ Hour
Mileage
$ Mile
Parts Mark Up
% Percentage
Emergency Rental Services Cost Unit of Measure
Emergency Rental - 50KW (Flat Fee to include all associated costs) $ Day
Emergency Rental - 250KW (Flat Fee to include all associated costs) $ Day
Emergency Rental - 500KW (Flat Fee to include all associated costs) $ Day
Emergency Rental - 750KW (Flat Fee to include all associated costs) $ Day
Emergency Rental - 1250KW (Flat Fee to include all
associated costs) $ Day
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22 Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Electrician Foreman $ /HR $ /HR % $ /HR
Journey Electrician $ /HR $ /HR % $ /HR
Apprentice 2nd Year $ /HR $ /HR % $ /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

Provide a labor markup percent (%) to be applied to all labor in executing work authorized by this agreement.

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

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.

Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

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

Name of Bidder Signatory:

Signature of Bidder Representative:
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24 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.

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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25 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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26 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.

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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27 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:
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28 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-

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

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

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

Insert Bidder Company History Overview Statement Beginning Here:
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30 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.

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

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

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

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

Insert Bidder Warranty Statement Beginning Here:
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32 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 positions within the 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.

C. Required Licenses: The successful bidder shall provide proof of valid State of California contractor’s license of Class A, General B, and/or C-10. The Contractor shall maintain a valid State of California contractor’s license of one of the proceeding types for the duration of the agreement. If at any time, the Contractor no longer possesses a valid State of California contractor’s license of one of the proceeding types, the City of Modesto can terminate the agreement without notice or compensation.

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

The successful bidder shall retain a City of Modesto business license for the duration of the agreement. #5..
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33 BID FORM L – SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:
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34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1. SCOPE OF WORK:

The City of Modesto Utilities, Public Works, Police Department, and Modesto Fire Department(s) are requesting to solicit bids for generator repair and preventative maintenance service. Prior to any repair service being completed that exceeds $2,000, a written estimate will need to be provided and approved by the Division Contact. Contractor shall be a full-service business with the capability to provide all the following services for each of the City’s generator’s: performing complete mechanical and electrical repairs, preventative maintenance, two-hour load bank testing, and after-hours emergency repair services.

Routine annual services shall be performed on normal workdays defines as non-holiday Monday through Friday, 7:00AM through 3:30PM.

Payment for services shall not be complete or processed without the service, load test and oil analysis reports completed and attached to invoices.

UTILITIES DEPARTMENT – WASTEWATER DIVISION - SUTTER:

The City of Modesto Regional Water Recycling Facility Sutter Campus located at 1221 Sutter and the lift stations located throughout the City of Modesto are requesting to solicit bids for generator repair, preventative maintenance, emergency repairs and troubleshooting services. Prior to any repair service being completed that exceeds $2,000, a written estimate will need to be provided and approved by the Division Contact.

UTILITIES DEPARTMENT – WASTEWATER DIVISION - JENNINGS:

The City of Modesto Regional Water Recycling Facility Jennings Campus located at 7007 Jennings Rd. is requesting to solicit bids for generator repair, preventative maintenance, emergency repairs and troubleshooting services.

UTILITIES DEPARTMENT – WATER DIVISION - LITT: The City of Modesto Water Division located at 4240 Litt and various other sites are requesting to solicit bids for generator repair, preventative maintenance, emergency repairs and troubleshooting services. Prior to any repair service being completed that exceeds $2,000, a written estimate will need to be provided and approved by the Division Contact.

MODESTO POLICE DEPARTMENT: Preventative maintenance for two (2) generators (Kohler R1637K35 and Caterpillar D330A) at the Police Station located at 600 10th Street shall be conducted on a biannual basis. A schedule will need to be put in place by the Bidder and supplied to the Division Contact. Troubleshooting and emergency repair pricing are also being requested.

MODESTO FIRE DEPARTMENT: Preventative maintenance shall be conducted on a biannual basis and a schedule will need to be put in place by the contractor and supplied to the Division Contact. #5..
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35 PUBLIC WORKS DEPARTMENT – FLEET SERVICES DIVISION: Fleet Services staff provide routine maintenance and repair services for a wide range of generators owned by various City Divisions. However, pricing for repairs, emergency repairs, and troubleshooting are being requested.

1.1 PREVENTATIVE MAINTENANCE (PM) SCOPE OF WORK:

A. Preventative Maintenance A – Minor Service (Once a year) will include:
a. Check air filters
b. Check condition of hoses, clamps, lines & fittings
c. Check & adjust belts
d. Load test batteries & check condition batteries, cables, and chargers e. Check battery cap vents (lead acid only)
f. Check battery water levels & adj. (lead acid only)
g. Check block/water jacket heater
h. Check level and condition of coolant, top off as necessary i. Check for oil/coolant leaks
j. Top off oil as necessary
k. Check oil pressure
l. Check for worn or damaged components
m. Check engine mounts
n. Check operation of control panel
o. Check ATS control panel for alarms
p. Check operation of engine & generator
q. Check for active fault codes, warning lights
r. Grease fan hub if needed
s. Grease generator bearing (If needed)
t. Check fuel pressure
u. Check for fuel leaks
v. Check day/belly/main fuel tank levels
w. Take fuel samples from tanks
x. Visually check complete unit
y. Advise City of all additional needed repairs
B. Preventative Maintenance B – Major Service (Once a year) will include:
a. Check air filters
b. Check condition of hoses, clamps, lines & fittings
c. Check & adjust belts
d. Load test batteries
e. Check condition of battery cables and charger
f. Check engine block heater
g. Check level and freeze protection level of coolant
h. Check for fluid leaks
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36 i. Check for worn or damaged components
j. Check for operation of control panel
k. Check ATS control panel for alarms
l. Check operation of engine & generator
m. Check for active fault codes and warning lights
n. Grease fan hub (If needed)
o. Grease generator bearing (If needed)
p. Change engine oil
q. Take oil sample for analysis
r. Change oil filter(s)
s. Change fuel filter(s)
t. Change fuel/water separator (If applicable)
u. Change coolant filter (If applicable)
v. Perform Run Test Generator – Section 1.1G, subsection (a) w. Perform 2-Hour Load Bank Test – Section 1.1G, subsection (b) x. Advise City of all additional needed repairs
y. Automatic Transfer Switch (ATS) inspection and cleaning – Section 1.1G, subsection (c) C. 3-Year Mandatory Preventative Maintenance Services:
a. Preplacement of fan and alternator drive belts
b. Replacement of engine cooling system hoses
c. Block heater hoses replaced with high temperature silicone hoses d. Replacement of standard ethylene glycol coolant
e. Replacement of thermostat
f. Replacement of associated gaskets
g. Replacement of radiator cap
h. Replacement of the batteries – shall be provided in a separate quote to City Representative D. On-Call Emergency and Non-Emergency Repair Services:
a. Contractor shall provide on-call emergency and non-emergency repairs on a time and material basis. Hourly rates paid to Contractor under the agreement shall be only for actual productive hours on the job site
b. City shall not be directly invoiced for the following:
i. Travel and/or transportation of workers
c. All invoices to the City for on-call emergency and non-emergency repair services must include a breakdown of number of hours for all fixed rates charged and the original cost and mark up price for all parts and materials charged. The City shall reserve the right to request backup documentation for the contractor’s original cost on parts and materials d. Non-Emergency Repair Services:
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37 i. Contractor shall provide written, “not to exceed,” estimates on all non-emergency repairs.

These estimates shall include number of hours, hourly rate, number and type of employees required, estimated material costs, markup cost, and completion date. All work for non-emergency repairs shall be performed during regular operating hours and per the regular rates
ii. Contractor shall respond to email or phone requests for estimates within 24 hours and provide written estimates within three business days of the original request date. It shall be the Contractor’s responsibility to ensure it has all information to prepare accurate estimates. No repair will be done without the written approval by the City’s representative
e. Emergency Repair/After Hours Services:
i. Contractor shall provide a fixed hourly rate for emergency/after-hours services.

Contractor shall have the ability to respond to emergency repairs twenty-four hours a day, seven days per week
ii. The contractor shall provide the City with a current directory its emergency response personnel including phone numbers and emails and/or details on how to contact them on a 24 hour basis
iii. The contractor shall keep the City informed of any changes in emergency response personnel and provide updated contact information
iv. Once the City initiates a communication for emergency service, the Contractor must be able to reach the site of the emergency within the emergency response time minimum of the initial communication
v. Emergency Response Time Minimum
Utilities Department – Water Division – 2 hours
Utilities Department – Wastewater Division – 2 Hours
Modesto Police Department – 1.5 Hours
Modesto Fire Department – 2 Hours
Public Works Department – Fleet Services Division – 2 Hours vi. It will be at the sole discretion of the City to determine if a situation is deemed an emergency
vii. It is possible to have instances where an initial service is an emergency or after hour event, and the rest of the service is non-emergency, billing shall be invoiced at the proper classification, emergency and/or non-emergency
f. The Contractor shall provide quotes for emergency testing and repairs on an as-needed basis within 24 hours of the initial request from the City Site Representative or their designee. i. Quotes shall include:

1. Repair Labor Quote, including the estimated hours to complete the work and which labor categories apply.

2. Repair Materials Quote, if applicable. City prefers manufacturer replacement parts. Third Party replacement parts require approval from the City Site Representative.
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38 3. Estimated scheduling timeline for start date and completion date of the repair. ii. The Contractor shall complete all quoted repairs approved by the CITY Site Representative within three weeks (15 business days) of the approved quote. iii. The Contractor shall provide complete reports on all emergency repairs within one week (5 business days) of completion of the task.

1. The Report shall include the following:
a. Record results of all repairs.
i. Recorded values of all measurements taken, voltages, amperage, frequency, and millivolt.
ii. Note any field adjustments.
iii. Record MX Controller transfer log details.
iv. Note any recommendations relative to future repairs or upgrades. b. Take photographs of any damage or defects identified. c. Inform City of all deficiencies identified.
d. Provide City with recommendations for corrective actions.

E. Additional Services
For additional services not listed, Contractor will provide the City Representative with a quote based on hourly rate and parts cost.

F. Testing and Cleaning Procedures
a. Run Test Generator
i. Before starting engine

1. Check engine oil level and coolant level.

2. Check block heater-will maintain coolant temperature of about 90 degrees F in the block. Check fuel level in storage tank.

3. Check battery water level and top as necessary.

4. Check battery terminals for corrosion and connections for tightness (lead acid) ii. Engine running

5. Check oil pressure

6. Check fuel pressure

7. Check oil level and add oil as required. Check RPM (frequency)

8. Check generated voltage

9. Check for leaks of unusual noises
iii. After Engine Shutdown

10. Check/verify all switches are in proper positions for automatic start. Check fuel level in tank.

11. Record battery charger volts, check for proper operation. Remove, clean and reinstall all battery connections (lead acid). Inspect generator for cleanliness

12. Check generator output.
b. 2 Hour Load Bank Test procedure will include:
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39 i. Travel to and from site
ii. Transport load bank and cables
iii. Test generator using resistive load bank at 25% of nameplate rating for thirty (30) minutes, followed by 50% of nameplate rating for thirty (30) minutes, followed by 75% of nameplate rating for sixty (60) minutes, for a total of two (2) continuous hours. c. Automatic Transfer Switch (ATS) inspection and cleaning will include:
i. Verify that the equipment installation complies with Manufacturer O&M documentation. ii. Inspect the exterior and interior of enclosure; look for signs of heat stress or moisture/previous wetness.

1. Ensure ATS equipment interior is clear of debris.

2. Inspect, clean and vacuum ATS enclosure, both interior and exterior. iii. Inspect all wiring, insulation, and connectors; look for cracks, deformation, or discoloration due to excessive heat.

1. Verify that any load control wiring is properly terminated (load add, shed, etc.), if applicable.

2. Check all control wiring, cables, and connections to the control panel. Contractor shall tighten or replace as needed.
iv. Review communications connections to the City’s Building Automation System, if applicable.
v. Lubricate all mechanical parts, including any moving linkages, bearings, etc., as necessary.
vi. Adjust mechanical limit switches, as necessary.
vii. Review and set clock and engine exerciser period according to City on-site personnel, if applicable.
viii. Check and recommend replacement of any batteries if equipped and necessary.

G. Annual Inspection and Preventive Maintenance Reporting The contractor shall complete reports on all inspections and preventive maintenance within one week (5 business days) of completion of the inspection and maintenance task. The following reports for each generator to the City will be in electronic form (Word, Excel, or PDF), handwritten reports will not be accepted.
a. Service Reports shall include the following:
i. Work order number, date, employee name
ii. Generator City ID number, manufacturer, model, serial number, location iii. Services performed are itemized
iv. Status of all items and details on PM list above, including any action items needed if status is not normal
v. Record results of all inspections and preventive maintenance.

1. Recorded values of all measurements taken, voltages, amperage, frequency and millivolt.

2. Note any field adjustments.
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40 3. Record MX Controller transfer log details.

4. Note any recommendations relative to future repairs or upgrades. vi. Take photographs of any damage or defects identified. vii. Inform City of all deficiencies identified.
viii. Advise City of any/all unusual situations or potential problems which will require further attention and provide City with recommendations for corrective actions. ix. Advise when fuel tank is below 3/4 full
b. Load Test – with full interpretation of results
c. Oil Analysis – with full interpretation of results
H. Phone Access Requirements – 24/7/365
The Contractor shall provide customer service support hotline that includes:
a. Technical support to be provided 24 hours a day, 365 days per year. b. Remote troubleshooting available 24/7/365.
i. Contractor shall provide step-by-step diagnosis instructions to City Site Representative their designee to support City Maintenance Staff as required. c. Scheduling shall be available on the 24/7/365 phone line and confirmed scheduling for all required inspections and preventive maintenance to be completed within 48 hours of the initial request. The request may or may not be tied to troubleshooting and is at the discretion of the City Site Representative or their designee to determine if troubleshooting prior to scheduling is required.

Provide immediate scheduling for emergency repairs within 4 hours of the initial service call, with on-site response within 24 hours.

1.2 SUPPLEMENTAL SERVICE REPAIRS
The Division Contact shall review recommended repairs from Contractor. If the Division Contact approves the recommended work, Contractor will receive notice to proceed.

Parts and labor for replacement are not included in the preventative maintenance cost and will be billed and invoiced separately.

Contractor must not markup replacement parts more than 10%.

Division Contact reserves the right to request invoices for all parts purchased.

Contractor must provide an hourly rate sheet for repairs inclusive of 24-hour, 7 day a week emergency repairs. #5..
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41 1.2.1 SPECIFICATIONS:

UTILITIES DEPARTMENT – WATER DIVISION:

Site Address System KW BHP Generator
Make
Generator
Model / Serial
Number
Engine
Make
Engine Model /
Serial Number
1 Tank 3 800 Zeff Rd Modesto 125 200 Kohler 150R0ZJ71 / 279865
Deere RG6076A158842 /
6076AF010
2 Tank 4 2500 Blk of Sylvan Modesto 400 587 Caterpillar SR4B / 6JM00592 Caterpillar 3406 / 4PM00297 3 Tank 5 Oakdale Rd & Briggsmore Ave Modesto 400 755 Cummins DFEH-5627508 / G030523842
Cummins QSX15-G9 /
79014389
4 Tank 6 1229 S Carpenter Rd Modesto 400 755 Cummins DFEH-5601577 / D030486979
Cummins QSX15-G9 /
79006691
5 Tank 7 1535 Plumas Ave Modesto 125 207 Kohler 250REOZJE / SGM3222BL
Deere RG6090I112583 /
6090HF484
6 Tank 8 1218 Alamo Ave Modesto 250 207 Kohler 4M4021BF / MX182380-0812Deere RG6135I027166 / 6135HF485
7 Tank 9 8415 Yamamoto Modesto 200 325 Olympian D200P1 / E3030A/001
Perkins GA325 /
WJ3889N1177522
8 Tank 10 Girasol Ct Modesto 125 732 Cummins 500DFEK-5515 / J050839919
Cummins 3408501 / 30118251
9 Tank 11 1105 Bangs Ave Modesto 450 1881 Kohler 1250REOZMD / SGM32HLKP
Mitsubishi S12R-Y2PTAW-1 /
17598
10 Tank 12 2616 Elm Ave Modesto 450 1214 Caterpillar SR4B / AFH00902
Caterpillar C27 / MJE00699
11 Tank 13 525 Codini Ave Modesto 450 1207 Generac IDLC750 / 3002405785
Mitsubishi S12A2-Y2PTAW-2
/ 29040
12 Tank 14 718 Ladd Rd Modesto 450 209 Generac SD0500FG22152 D18HPLY2 /
3004620579
Perkins 2506C-E15TAG3 /
MGDF5333N11929
E
13 Well 6 Melrose & Morris Modesto 125 200 Olympian 94A03367-S / Generac 73398 / 6,4-I #5..
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42 2014451
14 Well 25 609 Woodrow Ave Modesto 200 317 Onan 150DGFA-4665 / H040679906
Cummins 6CTAA8.3G3 /
46420184
15 Well 33 2099 Prescott Rd & Mt Vernon Modesto 200 320 Olympian 93A01788-S / 2007252
Caterpillar 3208 / 5YF01430
16 Well 39 3500 Forest Glen Dr & Beyer Park Modesto 200 320 Olympian 93A01788-S / 2007251
Caterpillar 93A01788S /
5YF01435
17 Well 40 Riverside & El Pasado Modesto 200 320 Olympian 94A03369-S / 2014454
Caterpillar 3208 / 5YF01933
18 Well 41 Saginaw Ct Modesto 200 320 Olympian 94A03369-S / 2014455
Caterpillar 3208 / 5YF01967
19 Well 42 3499 Sisk Rd (Mall) Modesto 200 320 Olympian 94A03369-S / 2014453
Caterpillar 3208 / 5YF01922
20 Well 43 3741 Carver Ave Modesto 200 317 Cummins 200DGFC-4666 / H040680248
Cummins 6CTAA8.3G3 /
46418248
21 Well 49 2111 Crows Landing Rd Modesto 100 166 Onan 100.ODGDB-L / 30773AA
Cummins 6BT-5.9 / 44206324
22 Well 52 3200 Temescal Dr Modesto 200 380 Onan 200DFAA / H920481009
Cummins LTA-10G1 /
34671279
23 Well 57 920 D Street Modesto 125 207 Cummins DGDK-5601344 / C030478889
Cummins 6BTA5.9G3 /
46286566
24 Well 61 4601 Dale Rd (West Rear) Modesto 125 399 Cummins 250DQDAA-6856 Cummins M07G21185205 / 6211852-05
25 Well 62 Southside of Sharon/West of Fine Modesto 125 470 Cummins 300DQAF-5619 / A060871086
Cummins QSM11-G2 /
35146542
26 Well 63 3212 Syner Ave Modesto 125 449 Generac 12499490100 / 2108494
Iveco F3AE9685A-E /
149559
27 Well 64 2037 Syner Ave Modesto 200 755 Generac 350DFEG-6291 Cummins QSX15-G9 / 79230912
28 Well 67 4016 Litt Rd Modesto 200 324 Cummins DSGAE-1844377 / E180354644
Cummins QSB7-G5 NR3 /
74314780
29 Well 70 McHenry/Stewart Del Rio 200 Kohler 200REOZJF / 339CGMHF0015
6068HFG85 /
PE6068N014948
30 Well 71 2505 Brenner Modesto 200 324 Cummins C200D6D*21301 46 / H210975550
Cummins QSB7-G5
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43 31 Well 225 SE Corner of Lapham Dr @
Spenker
Modesto 200 317 Cummins 200DGFC-4666 /
H040680249
Cummins 6CTAA8.3G3 /
4418247
32 Well 279 2901 Farrar St Modesto 125 211 Kohler 125R0ZJ71 / 272611
Deere 6076TF010 /
RG6076T143419
33 Well 282 7316 Hillcrest Dr Del Rio 125 207 Cummins 125DGDK-4664 / H040680105
Cummins 6BTAA5.9-G1 /
46418519
34 Well 285 8 C St Modesto 125 216 Olympian D125P1 /
D6808A/101
Perkins 1984 / 1800
YD50860*U806820
K*
35 Well 289 7119 Beltis Del Rio 100 166 Kohler 100REOZJ / 0613571
Deere 6068TF250 /
T06068T812781
36 Well 298 5200 Pirrone Rd Salida 200 207 Cummins 125dgdk-4664 / h040680106
Cummins 6BTAA5.9-G1 /
46418522
37 Well 299 5600 Pirrone Rd Salida 200 207 Cummins 125DGDK-4664 / H040680107
Cummins 6BTAA5.9-G1 /
46418511
38 Well 313 4400 Elm St Salida 200 207 Cummins 125DGDK-4664 / H040680109
Cummins 6BTAA5.9-G1 /
46417958
39 Corp Yard 4240 Litt Rd Modesto 125 279 GENERAC SD150KG176.7D 18HPYY3 /
3004436786
Iveco HFPXL06.7DGS /
F4HE9685A*J
UTILITIES DEPARTMENT – WASTEWATER DIVISION:

Site Address System KW BHP Generator
Make
Generator Model
/ Serial Number
Engine
Make
Engine Model /
Serial Number
1 Sutter WWTP Sutter West Modesto 750 1,135 Cummins KTA2300G Cummins 33105711 2 Sutter WWTP Sutter East Modesto 1,250 1,850 Cummins KTA50G3 Cummins 33141449 3 Sutter WWTP Well 15B Modesto 105 166 Deere 6068TF250 Deere T06068T825323 4 LO21 E/S Morton Blvd at Rue De Yoe St. Modesto 60 99 Cummins 4BTA3.9-G5 Cummins 21785639 5 LO39 Corner of Woodland ave/ Poust ave Modesto 150 277 Cummins 6CTA8.3G Onan 45268570 6 LO17 South side of 307 N. Emerald ave Modesto 100 166 Cummins 6BT5.9-G2 Onan 45215972 7 LO62 St. Salazar Cir./ Ironside Dr Modesto 60 99 Cummins 4BTA3.9-G5 Cummins 46470011 8 LO29 S.E corner of Rose ave/ Celeste Dr. Modesto 60 99 Cummins 4BTA3.9-G5 Cummins 4667618 #5..
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44 9 LO31 Across from 2809 Scenic Bend Modesto 200 325 Perkins 13069TAG1 Olympian E2651G 10 LO63 Inter. Of Snyder ave/ Prescott Rd. Modesto 80 170 Cummins 6BTA5.9-G4 Cummins 21739789 11 LO32 At Dry Creek behind 1205
Edgebrook Dr.

Modesto 200 292 Caterpillar 3208 Olympian 87931
UTILITIES DEPARTMENT – WASTEWATER DIVISION (JENNINGS):

Site Address System KW BHP Generator
Make
Generator Model
/ Serial Number
Engine
Make
Engine Model /
Serial Number
1 Jennings ADM-1 Modesto 250 - Kohler SGN32134FB Deere R66090L119995 2 Jennings TP-2 – UV Building Modesto 250 - Kohler SGM32B56J Deere R66090L119984 3 Jennings SP2 – Butterfly valve Modesto 10 - Kohler 2274494 Yan Mar 20080813 4 Jennings Lab Modesto 20 - Kohler 20RE0ZK Kohler 5133001710 5 Jennings Jenning Rd – AG Well Modesto 100 - Kohler SGM32B4LS Deere PE4045L257610 POLICE DEPARTMENT (PD) AND PUBLIC WORKS DEPARTMENT – FLEET SERVICES DIVISION:

Site Address System KW BHP Generator
Make
Generator Model
/ Serial Number
Engine Make Engine Model /
Serial Number
1 Fleet 1609 8th street Modesto 155 237 Kohler 3025532 - - 2 PD 600 10
th street Modesto 800 1200 Kohler R1637K35 - -
3 PD 600 10
th street Modesto 75 118 Caterpillar D330A - -
MODESTO FIRE DEPARTMENT:

Site Address System KW BHP Generator
Make
Generator Model
/ Serial Number
Engine
Make
Engine Model /
Serial Number
1 Station 1 600 11th Street (Inside Shed) Modesto 30 40 Generac 815311 Generac 2236-1 2 Station 2 420 Chicago Ave (Back of Station) Modesto 135 N/A Generac 2091915 Deere 0G0516 3 Station 3 635 El Vista Ave (Back of Station) Modesto 11 N/A Kohler 364722 Kohler - 4 Station 4 1505 Blue Gum Ave (Back of
Station)
Modesto 7.5 N/A Kohler 447654 Kohler 7.5 RMW82-
72110c3-4
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45 5 Station 5 200 W. Briggsmore (West Side of
Station)
Modesto 60 N/A Generac 996009 Generac 94A 04649 S
6 Station 6 2700 Standiford Ave (Back of
Station)
Modesto 10 120/20
8 Kohler 45787 Kohler 10RM82
7 Station 7 1800 Mable Ave (App Bay Closet) Modesto 12.5 N/A Onan K80053905 Onan 12.5JC3R/5539AB 8 Station 8 673 Airport Way Modesto 11 N/A Kohler 69045 Kohler - 9 Station 9 4025 Fara Biundo (App Bay Closet) Modesto 10 19 Kohler 01.3022.024101 MWM Diesel 1.3022.024101 10 Station 10 148 Imperial (Back of Station) Modesto 29 60 Kohler SGM32F78BP Kohler - 11 Station 11 4225 Carver Road (Back of Station) Modesto 125 207 Cummins/On an
J040701178 Cummins 125DGDK-4752
12 Station 28 325 East G Street (Back of Station) Oakdale 94-118 69 Deere/Stamfo rd
M10G286206 - -
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INVITATION FOR BIDS # 2122-46RB

GENERATOR REPAIR AND

PREVENTATIVE MAINTENANCE

SERVICE
46 1.3 REQUIRED LICENSES:

1.4 CALIFORNIA CONTRACTORS LICENSE: If the Bidder is furnishing any labor or service including installation or maintenance, the Bidder shall be registered as a contractor with the Department of Industrial Relations and possess the appropriate California Contractor's license(s) at the time the Bid is submitted. A contract shall not be awarded to a Bidder that is not registered with the Department and Industrial Relations or does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California. Bidder shall indicate its license(s) number and expiration date on Bid Form B.
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47 SAMPLE AGREEMENT

SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024- _______authorizing the Award of Bid and agreement for the Generator Repair and Preventative Maintenance SERVICE 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 Generator Repair and Preventative Maintenance SERVICE as described in IFB 2122-46RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
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48 NOW, THEREFORE, the parties hereto mutually agree as follows:

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

AGREEMENT PRICING
Service Rates Cost Unit of Measure
Hourly Rate – Regular Hours
$ Hour
Hourly Rate – After Hours, Weekends and Holidays
$ Hour
Mileage
$ Mile
Parts Mark Up
% Percentage
Emergency Rental Services Cost Unit of Measure
Emergency Rental - 50KW (Flat Fee to include all associated costs) $ Day
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49 Emergency Rental - 250KW (Flat Fee to include all associated costs) $ Day
Emergency Rental - 500KW (Flat Fee to include all associated costs) $ Day
Emergency Rental - 750KW (Flat Fee to include all associated costs) $ Day
Emergency Rental - 1250KW (Flat Fee to include all
associated costs) $ Day
Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Electrician Foreman $ /HR $ /HR % $ /HR
Journey Electrician $ /HR $ /HR % $ /HR
Apprentice 2nd Year $ /HR $ /HR % $ /HR

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit C are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in #5..
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50 performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

CITY Representative:

Utilities – Water Division
Tony Benns, Utility Plant Opertations Supervisor, (209) 342-4574, [email protected]
Utilities – Wastewater Division
Jennings Facility – Rogelio Munguia, Plant Maintenance Supervisor, (209) 857- 0087, [email protected]
Sutter Facility and Lift Stations – Richard Christeson, Plant Maintenance Supervisor, (209) 652-4302, [email protected]
Modesto Police Department
Jeremy Dayton, Operations Supervisor, (209) 652-1067,
[email protected]
Modesto Fire Department
Kathryn Volkerts, AOA III, (209) 480-1449, [email protected] Purchasing Contact:

4. TERM OF AGREEMENT:
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51 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
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.

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; #5..
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52 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.

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

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.
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53 For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its agents, officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by CITY, its agents, 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 [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

7. INDEMNITY:

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

8. VENUE & GOVERNING LAW:

9. ATTORNEYS’ FEES:

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. 2122-46RB;
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55 d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

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

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, #5..
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56 specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment 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, #5..
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57 reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

13. FAILURE TO PERFORM SATISFACTORY WORK:

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 #5..
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58 AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS:

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

16. DIR REGISTRATION:

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

18. NOTICES:

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

19. SIGNATORY(IES) FOR CONTRACTOR:

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

20. QUANTITIES:

No minimum or maximum is guaranteed or implied.

21. FUNDING:

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
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61 24. CONTRACTOR LICENSES & PERMITS:

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

25. RECORDS:

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

26. FACILITIES AND EQUIPMENT:

27. INDEPENDENT CONTRACTOR; NOT AGENT:

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

29. ASSIGNMENT:

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

30. WAIVER:

31. HEADINGS NOT CONTROLLING:

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

32. MISCELLANEOUS:

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

33. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this #5..
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63 Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

34. PARTIAL INVALIDITY:

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ, City Attorney
By: ____________________________
JOE F. RODRIQUEZ, Risk Manager
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Generator 1 (Sutter West) Hours to
Complete
Hourly Rate
- Regular
Hours
Parts /
Supplies Parts Mark Up
Extended
Price
Hours to
Complete
Hourly Rate -
Regular Hours
Parts /
Supplies Parts Mark Up
Extended
Price
PM - Minor 2.25 $ 180.00 $ 207.00 10% $ 612.00 4 $ 230.00 $ - 0% $ 920.00 PM - Major 9 $ 180.00 $ 1,456.40 10% $ 3,076.40 8 $ 230.00 $ 1,808.46 10% $ 3,824.90 3 - Year PM Service 9 $ 180.00 $ 2,345.00 10% $ 3,965.00 8 $ 230.00 $ 1,966.50 10% $ 4,003.15 $ 7,653.40 $ 8,748.05
Generator 2 (Sutter East) Hours to
Complete
Hourly Rate
- Regular
Hours
Parts /
Supplies Parts Mark Up
Extended
Price
Hours to
Complete
Hourly Rate -
Regular Hours
Parts /
Supplies Parts Mark Up
Extended
Price
PM - Minor 2.25 $ 180.00 $ 207.00 10% $ 612.00 4 $ 230.00 $ - 0% $ 920.00 PM - Major 10 $ 180.00 $ 2,648.60 10% $ 4,448.60 8 $ 230.00 $ 2,354.48 10% $ 4,429.93 3 - Year PM Service 10 $ 180.00 $ 2,995.00 10% $ 4,795.00 8 $ 230.00 $ 2,611.30 10% $ 4,712.43 $ 9,855.60 $ 10,062.36
Generator 3 (Well 15b) Hours to
Complete
Hourly Rate
- Regular
Hours
Parts /
Supplies Parts Mark Up
Extended
Price
Hours to
Complete
Hourly Rate -
Regular Hours
Parts /
Supplies Parts Mark Up
Extended
Price
PM - Minor 2.25 $ 180.00 $ 215.00 10% $ 620.00 4 $ 230.00 $ - 0% $ 920.00 PM - Major 7 $ 180.00 $ 310.80 10% $ 1,570.00 8 $ 230.00 $ 874.20 10% $ 2,801.62 3 - Year PM Service 7 $ 180.00 $ 460.00 10% $ 1,720.00 8 $ 230.00 $ 847.66 10% $ 2,772.42 $ 3,910.00 $ 6,494.04
$ 21,419.00 $ 25,304.45
Livermore, CA
Bay City Electric Works
Total Cost - Generator 2
Total Cost - Generator 1 Total Cost - Generator 1
Total Cost - Generator 2
Total Cost - Generator 3 Total Cost - Generator 3
Sum of all three generator jobs Sum of all three generator jobs IFB 2122-46RB
Generator Repair and Preventative Maintenance Services
Tracy, CA
PowerGen Inc.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 5, 2024
Date: July 9, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Purchase of Rock, Sand and Gravel
CONTACT: Manuel Martinez, Acting Water Division Manager, [email protected], 209-342-4592
DESCRIPTION:

Consider an Agreement for the Purchase of Rock, Sand, and Gravel to West Coast Sand and Gravel, Inc. of Buena Park, CA, for a total amount not to exceed $3,920,700 over five years and forwarding to Council for approval. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

BACKGROUND:

Various departments throughout the City utilize aggregate base, cut back, fractured rock, hydropatch, concrete mix, 3/4” crushed rock, 3/8” crushed rock, drain rock, concrete sand, cobblestone, and track-out rock for city related construction projects and city road maintenance.

The Water Division utilizes aggregate base, crushed rock and sand for various construction projects, infrastructure maintenance, capital improvement projects, backfilling and compacting holes, emergency repairs, customer water meter line repair, and main water line repairs. Concrete mix and base rock are used to provide compaction and water absorption for saturated holes.

On October 1, 2019, by Resolution 2019-445, Council approved an Agreement with the award of bids for the purchase of rock, sand and gravel to West Coast Sand and Gravel, Inc. of Buena Park, CA (“West Coast Sand and Gravel”) as the primary vendor and California Landscape Supply of Ceres, CA as the secondary vendor, for a two (2) year agreement with three (3) one-year extension options at the sole discretion of the City, for an estimated annual cost not to exceed $606,000 and an estimated combined cost not to exceed $3,030,000 over five (5) years. #6..
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Economic Development Committee, August 5, 2024
Purchase of Rock, Sand & Gravel

Page 2 of 3 ends

Economic Development CommitteeAugust 5, 2024

Economic Development Committee
August 5, 2024