Agenda packet — Modesto City Council, August 27, 2024 (part 2 of 4)

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 27, 2024
Date: July 31, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Bill Sandhu, Public Works Director
SUBJECT: Purchase of Fleet Addition and Replacements
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:

Consider approving the purchase of various Fleet Addition and Replacements for Fleet Vehicles which includes six (6) Police Motorcycles, two (2) F250 Super Duty Trucks, and one (1) John Deer Wheel Loader in the amount not to exceed $839,849. (Funding Source: Fleet Replacement Fund, Senate Bill 1383 Grant and Compost Fund) STRATEGIC PLAN ELEMENT:

This item advances the City of Modesto 2020-2025 Strategic Plan Area: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

BACKGROUND:

Each year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs, including the addition of new vehicles due to the operational needs of the city. Following this process, a Fleet Addition and Replacement List is submitted to Council and is approved as part of a new fiscal year’s Public Works Fleet Budget.

Throughout the fiscal year, new vehicles need to be added to the City’s Fleet inventory due to the operational needs of the various City departments. When these vehicles are added to the fleet, they are also added to the Fleet Replacement list to prepare for future replacement.

Fleet Additions:

IFB Vehicle
#
Description Dept. Year of
Vehicle
Meter Repair
Cost
2425-04 ADD Wheel Loader PW. Compost N/A N/A N/A
The loader is required for operational efficiencies in managing large volume of raw material and composted material within the compost facility as well as assisting customers load large purchases. This equipment also provides best practice operations in flexible use for loading, mixing, and windrow formation.
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Purchase of Fleet Addition and Replacements

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Fleet Replacement:

IFB Vehicle
#
Description Dept. Year of
Vehicle
Meter Repair
Cost
51362 Police Motorcycle MPD. Field
Operations 2013 38,704 $29,600
51366 Police Motorcycle MPD. Field
Operations 2013 26,364 $42,498
51364 Police Motorcycle MPD. Field
Operations 2013 53,544 $27,277
51360 Police Motorcycle MPD. Field
Operations 2013 30,970 $30,991
51367 Police Motorcycle MPD. Field
Operations 2013 27,419 $43,893
2223-42
51865 Police Motorcycle MPD. Field
Operations 2018 10,205 $11,806
The motorcycle unit is a critical component of the Police Department’s Traffic Unit. The primary objective is to reduce traffic injuries and increase public safety. The use of motorcycles provides flexibility to quickly respond to critical incidents, more agile in traffic congestion, and are able to navigate different terrains that many patrol cars have limited access to traverse.

IFB Vehicle
#
Description Dept. Year of
Vehicle
Meter Repair
Cost
40759 Super Duty F250
Trucks
PW – Curbs
Gutter Sidewalk
2425-03 2007 102,149 $24,676
40574 Super Duty F250
Trucks
ENG.

Construction
Administration
2005 112,148 $31,790
These trucks are deployed through the Engineering and Construction teams to address survey needs and construction support needs for the Engineering Department.

DISCUSSION:

Invitation for Bid (IFB) 2425-04– One (1) John Deere Wheel Loader The City Manager authorized the Purchasing Manager on April 21, 2024, to solicit the procurement of a John Deere Wheel Loader for the Compost Fund. On November 2022, Sourcewell issued a Request for Proposal (RFP) #011723 for Heavy Construction Equipment with Related Attachments and Technology. The RFP was advertised through the New York Contract Reporter, Oregon advertising and through the Sourcewell public website. On February 4, 2022, the bid opening was conducted electronically through the Sourcewell procurement portal. Eighteen (18) bids were received, and based on the highest scored proposal, three (3) proposals were awarded under Sourcewell Contract #011723-JDC which includes the John Deere Wheel Loader. Based on the highest scored proposal, City staff recommends awarding to Pape Machinery, French Camp, CA for the purchase of one (1) John Deere Wheel Loader in an amount not to exceed $406,110.

IFB 2223-42 – Six (6) Police Motorcycles
The City Manager authorized the Purchasing Manager in July 2021 and August 2022 to solicit the procurement for the six (6) Police Motorcycles for the Modesto Police Department. These #10..
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motorcycles had been identified on the vehicle replacement list in Fiscal Year 2021-22 and 2022-23. In May 2023, Florida Sheriffs Association (FSA) issued IFB #FSA23-VEL31.0 for Pursuit, Administrative and Other Vehicles. The IFB was advertised through the Florida Administrative Weekly, State of Florida Office of Supplier Diversity and FSA’s public websites.

On September 1, 2023, the bid opening was conducted at the FSA building location. Twenty (22) bids were received and based on the bids which were the lowest bid per vehicle Alligator Alley Harley Davidson was awarded the bid under the FSA Agreement # FSA23-VEL31.0 which includes the Police Motorcycles. City staff recommends to award to Alligator Alley Harley Davidson, Sunrise FL for the purchase of six (6) Police Motorcycles in an amount not to exceed $195,605.

IFB 2425-03 Two (2) F250 Super Duty Trucks
The City Manager authorized the Purchasing Manager on August 24, 2020 and in July 2021 to solicit the procurement for two (2) F250 Super Duty Trucks for the Engineering Services Department. These trucks had been identified on the vehicle replacement list in Fiscal Year 2022-23 and 2021-22. In February 2023, Texas Association of School Boards coordinated with Buy Board Purchasing Cooperative to issue Contract #724-23 for Vehicles, Police Motorcycles, Trucks, Parts, and Maintenance Repair Services. The Request for Proposal (RFP) was advertised through Abilene Reporter News, Brownsville Herald, Hearst Media Solutions, the Lawton Constitution, The Oregonian, and Buy Board website. On September 7, 2023, the bid opening was conducted at the Texas Association of School Boards building location. Seventeen (17) proposals were received, and based on the proposal meeting the evaluation criteria, Rush Truck Center was awarded the contract under the Buy Board Contract #724-23 which includes the F250 Super Duty Trucks. City staff recommends awarding to Rush Truck Centers, Ceres, CA for the purchase of two (2) F250 Super Duty Trucks in an amount not to exceed $128,585.

Sourcewell and the public agencies are cooperative agreements to streamline the procurement process by developing IFBs or Request for Proposals (RFP)’s for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows Sourcewell and public agencies to offer exceptional products from nationally acclaimed vendors.

Modesto Municipal Code Section 8-3.203 generally requires all purchases that 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(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

By utilizing Sourcewell and the bidding processes of other public agencies, the City is complying with the requirements defined under this Section of the Municipal Code for the one (1) John Deere Wheel Loader, six (6) Police Motorcycles and two (2) F250 Super Duty Trucks.

For all vehicles and equipment, City staff recommends applying a change order of up to 15% in case any market changes occur between the timeframe of when the order is placed with the vendor and when the production of the vehicle is completed. With current inflation and the volatile vehicle market, City staff will ensure any price increases requested by the vendor align #10..
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with the market change based on using the Commodities Research Unit indexes which focuses on indexes related to steel.

With the new California Air Resource Board (CARB) zero-emission regulations as described in the Advanced Clean Fleets Regulation for State and Local Government Agency Fleet Requirements, § Section 2013(c)4, State and Local Government Fleet Applicability, Definitions, and General Requirements, California Vehicle Code (CVC) Section 165, emergency vehicles are exempt under the current regulation to convert from internal combustion engines (ICE) to zero-emission vehicles. Public Works is currently developing the City’s fleet migration to Zero Emission Vehicles to comply with the State regulations in reducing reliance on internal combustion engines. Currently the needs for serving the community and the completion of the fleet conversion plan require the implementation of additional internal combustion engines to replace aged fleet vehicles.

FISCAL IMPACT:

Sufficient funds for the six (6) Police Motorcycles and two (2) F250 Super Duty Trucks are budgeted in Fiscal Year 2024-25 in the Fleet Replacement Fund. The one (1) addition for the one (1) John Deere Wheel Loader for the Public Works Department will be funded from the Senate Bill 1383 Grant and Compost Fund.

Below is a summary of the Fleet Addition and Replacements:

IFB No. Type of Fleet
Original
Amount
Change
Order
Amount not to
Exceed
2425-04 One (1) John Deere Wheel Loader $ 406,110 $ 60,918 $ 467,028 2223-42 Six (6) Police Motorcycles $ 195,605 $ 29,342 $ 224,947 2425-03 Two (2) F250 Super Duty Trucks $ 128,585 $ 19,289 $ 147,874 Grand Total $ 730,300 $ 109,549 $ 839,849
COMMITTEE RECOMMENDATION:

This item was presented at the May 23, 2022, Finance Committee to capture all City vehicle additions and replacements through Fiscal Year (FY) 2022-23 which included the six (6) Police Motorcycles and two (2) F250 Super Duty Trucks. In addition, during the FY 2024-25 Finance Committee Budget Workshops, the addition of the one (1) John Deere Wheel Loader was captured as part of the addition identified by the Public Works Fleet Division.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Competitive Bidding Process from Sourcewell to Pape Machinery, French Camp, CA for the purchase of one (1) John Deere Wheel Loader for an amount not to exceed $406,110; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

Resolution approving the Competitive Bidding Process from the Florida Sheriffs Association to Alligator Alley Harley Davidson, Sunrise FL for the purchase of six (6) Police Motorcycles for an amount not to exceed $195,605; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price. #10..
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City Council, August 27, 2024
Purchase of Fleet Addition and Replacements

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Resolution approving the Competitive Bidding Process from Texas Association of School Boards to Rush Truck Center, Ceres, CA for the purchase of two (2) F250 Super Duty Trucks for an amount not to exceed $128,585; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

Approved by:

DeAnna Christensen, Director of Finance
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution (3)

2. Quote – Pape Machinery - (1) John Deere Wheel Loader

3. Cost Abstract - John Deere Wheel Loader

4. Quote – Alligator Alley Harley Davidson – (6) Motorcycles

5. Quote – Rush Truck Center – (2) F250 Super Duty Trucks #10..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

SOURCEWELL TO PAPE MACHINERY, FRENCH CAMP, CA FOR THE
PURCHASE OF ONE (1) JOHN DEERE WHEEL LOADER FOR AN AMOUNT NOT TO EXCEED $406,110; AND AUTHORIZING THE PURCHASING
MANAGER, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER; AND

AUTHORIZING THE PURCHASING MANAGER OR HER DESIGNEE TO
EXECUTE ANY CHANGE ORDERS NOT TO EXCEED 15% OF THE TOTAL

PURCHASE PRICE
WHEREAS, the Public Works Fleet Division provides the maintenance for all City vehicles and equipment; and
WHEREAS, new vehicles need to be added to the City’s Fleet inventory due to the operational needs of City departments and when these vehicles are added to the fleet, they are also added to the Fleet Replacement list to prepare for future replacement; and WHEREAS, on November 2022, Sourcewell issued Request for Proposal (RFP) #011723 for Heavy Construction Equipment with Related Attachments and Technology; and
WHEREAS, the RFP was advertised through the New York Contract Reporter, Oregon advertising and through the Sourcewell public website; and WHEREAS, on February 4, 2022, the bid opening was conducted electronically through the Sourcewell procurement portal; and
WHEREAS, eighteen (18) bids were received and based on the highest scored proposal, three (3) proposals were awarded under Sourcewell Contract #011723-JDC which includes the John Deere Wheel Loader; and
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2 WHEREAS, based on the highest scored proposal, City staff recommends to award to Pape Machinery, French Camp, CA for the purchase of one (1) John Deere Wheel Loader in the amount not to exceed $406,110; and
WHEREAS, Sourcewell is a cooperative agreement to streamline the procurement process by developing Request for Proposals (RFP)’s for national competitive solicitations that meet or exceed local requirements; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that 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(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality”; and
WHEREAS, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served; and WHEREAS, by utilizing the Sourcewell bidding process, the City is complying with the requirements defined under this code for the purchase of (1) John Deere Wheel Loader.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the competitive bidding process from Sourcewell to Pape Machinery, French Camp, CA for the purchase of one (1) John Deere Wheel Loader for an amount not to exceed $406,110.
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3 BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to issue the Purchase Order.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to execute any change orders not to exceed 15% of the total purchase price.
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4 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of August, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember _____, was was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

THE FLORIDA SHERIFFS ASSOCIATION TO ALLIGATOR ALLEY HARLEY DAVIDSON, SUNRISE, FL FOR THE PURCHASE OF SIX (6) POLICE MOTORCYCLES FOR AN AMOUNT NOT TO EXCEED $195,605; AND

AUTHORIZING THE PURCHASING MANAGER, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER; AND AUTHORIZING THE PURCHASING

MANAGER OR HER DESIGNEE TO EXECUTE ANY CHANGE ORDERS NOT TO EXCEED 15% OF THE TOTAL PURCHASE PRICE
WHEREAS, the Public Works Fleet Division provides the maintenance for all City vehicles and equipment; and
WHEREAS, every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs including the addition of new vehicles due to the operational needs for the city; and WHEREAS, on May 2023, Florida Sheriffs Association (FSA) issued Invitation for Bids (IFB) #FSA23-VEL31.0 for Pursuit, Administrative, & Other Vehicles; and WHEREAS, the IFB was advertised through the Florida Administrative Weekly, State of Florida Office of Supplier Diversity and FSA’s public websites; and WHEREAS, on September 1, 2023, the bid opening was conducted at the FSA building location; and
WHEREAS, twenty (22) bids were received and based on the bids which were the lowest bid per vehicle they were awarded the bid under the FSA Agreement # FSA23- VEL31.0 which includes the Police Motorcycles; and
WHEREAS, City staff recommends to award to Alligator Alley Harley Davidson, Sunrise FL for the purchase of six (6) Police Motorcycles in the amount not to exceed $195,605; and
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2 WHEREAS, using a public agencies bidding process streamlines the procurement process by developing Request for Proposals (RFP)’s for large public agencies competitive solicitations that meet or exceed local requirements; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that 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(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.”; and
WHEREAS, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served; and WHEREAS, by utilizing another public agency’s bidding process, the City is complying with the requirements defined under this code for the purchase of (6) Police Motorcycles.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the competitive bidding process from the Florida Sheriffs Association to Alligator Alley Harley Davidson, Sunrise FL for the purchase of six (6) Police Motorcycles for an amount not to exceed $195,605.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to issue the Purchase Order.
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3 BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to execute any change orders not to exceed 15% of the total purchase price.
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4 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of August, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember _____, was was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

TEXAS ASSOCIATION OF SCHOOL BOARDS TO RUSH TRUCK CENTER, CERES, CA FOR THE PURCHASE OF TWO (2) F250 SUPER DUTY TRUCKS FOR AN AMOUNT NOT TO EXCEED $128,585; AND AUTHORIZING THE

PURCHASING MANAGER, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER; AND AUTHORIZING THE PURCHASING MANAGER OR HER
DESIGNEE TO EXECUTE ANY CHANGE ORDERS NOT TO EXCEED 15% OF

THE TOTAL PURCHASE PRICE
WHEREAS, the Public Works Fleet Division provides the maintenance for all City vehicles and equipment; and
WHEREAS, every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs including the addition of new vehicles due to the operational needs for the city; and WHEREAS, on February 2023, Texas Association of School Boards coordinated with Buy Board Purchasing Cooperative to issue Contract #724-23 for Vehicles, Police Motorcycles, Trucks, Parts, and Maintenance Repair Services; and WHEREAS, the Request for Proposal (RFP) was advertised through Abilene Reporter News, Brownsville Herald, Hearst Media Solutions, the Lawton Constitution, The Oregonian, and Buy Board website; and
WHEREAS, on September 7, 2023, the bid opening was conducted at the Texas Association of School Boards building location; and
WHEREAS, seventeen (17) proposals were received and based on the proposal meeting the evaluation criteria they were awarded the contract under the Buy Board Contract #724-23 which includes the F250 Super Duty Trucks; and #10..
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2 WHEREAS, City staff recommends to award to Rush Truck Centers, Ceres, CA for the purchase of two (2) F250 Super Duty Trucks in the amount not to exceed $128,585; and
WHEREAS, using a public agencies bidding process streamlines the procurement process by developing Request for Proposals (RFP)’s for large public agencies competitive solicitations that meet or exceed local requirements; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that 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(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.”; and
WHEREAS, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served; and WHEREAS, by utilizing another public agency’s bidding process, the City is complying with the requirements defined under this code for the purchase of (2) F250 Super Duty Trucks.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the competitive bidding process from Texas Association of School Boards to Rush Truck Center, Ceres, CA for the purchase of two (2) F250 Super Duty Trucks for an amount not to exceed $128,585.
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3 BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to issue the Purchase Order.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to execute any change orders not to exceed 15% of the total purchase price.
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4 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of August, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember _____, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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Date: 09 July 2024 Offer Expires: 31 October 2024
Confidential
Quote Id: 31299637
Prepared For:

CITY OF MODESTO PURCHASING DEPARTMENT
Prepared By: SCOTT HENDERSON
Pape Machinery, Inc.
8621 S El Dorado Street
French Camp, CA 95231
Tel: 209-983-8122
Mobile Phone: 209-649-3004
Fax: 209-983-1105
Email: [email protected]
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Salesperson : X ______________ Accepted By : X ______________ Confidential
Quote Summary
Prepared For:

CITY OF MODESTO PURCHASING DEPARTMENT
PO BOX 642
MODESTO, CA 95353
Business: 209-577-5405
Prepared By:

SCOTT HENDERSON
Pape Machinery, Inc.
8621 S El Dorado Street
French Camp, CA 95231
Phone: 209-983-8122
Mobile: 209-649-3004
[email protected]
Sourcewell Program ID 011723-JDC
Sourcewell Discount 34% off of List Price on John Deere items only Quote Id: 31299637
09 July 2024
01 August 2024
Created On:

Last Modified On:

Expiration Date: 31 October 2024
Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 644 P-Tier Wheel
Loader WASH
$ 474,475.00 $ 472,675.00 X 1 = $ 472,675.00
Sourcewell Discount 34% off List $ -160,709.50 X 1 = $ (160,709.50) Non Deere Items Non Sourdewell
Items
$ 61,032.80 $ 61,032.80 X 1 = $ 61,032.80
Equipment Total $ 372,998.30
Quote Summary
Equipment Total $ 372,998.30
California Tire Fee $ 7.00
SubTotal $ 373,005.30
Sales Tax - (8.875%) $ 33,104.22
Total $ 406,109.52
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 406,109.52
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Selling Equipment
Quote Id: 31299637 Customer: CITY OF MODESTO PURCHASING DEPARTMENT Confidential
JOHN DEERE 644 P-Tier Wheel Loader WASH
Hours:

Stock Number:

Suggested List
$ 474,475.00
Selling Price
$ 472,675.00
Code Description Qty Unit Extended
6051DW 644 P Wheel Loader 1 $ 374,908.00 $ 374,908.00
Standard Options - Per Unit
183E JDLink™ 1 $ 0.00 $ 0.00
0202 United States 1 $ 0.00 $ 0.00
0259 English 1 $ 0.00 $ 0.00
0351 Translated Text Labels 1 $ 0.00 $ 0.00
0400 Standard Loader 1 $ 0.00 $ 0.00
0451 Standard Z-BAR 1 $ 0.00 $ 0.00
0614 Level 1 Trim 1 $ 0.00 $ 0.00
0654 Level 1 Performance 1 $ 0.00 $ 0.00
0951 Rear Camera (Primary Display) 1 $ 0.00 $ 0.00
1100 Less Detection System 1 $ 0.00 $ 0.00
1301 Left Side Steps 1 $ 0.00 $ 0.00
1602 Steering Wheel 1 $ 0.00 $ 0.00
2206 SmartWeigh 1 $ 5,000.00 $ 5,000.00
4069 John Deere 6.8L - FT4/SV 1 $ 39,384.00 $ 39,384.00 5128 No Brand Preference - 23.5R25 L3 1-
Star Radial Tires
1 $ 22,902.00 $ 22,902.00
5553 Full Coverage Front Fenders 1 $ 451.00 $ 451.00
6522 Rear Counterweight & Rear Hitch w/
Pin
1 $ 0.00 $ 0.00
7026 Joystick Controls 1 $ 0.00 $ 0.00
7055 Four Function Hydraulics 1 $ 4,442.00 $ 4,442.00
7402 Hydraulic Coupler - JRB 418 Pattern 1 $ 10,168.00 $ 10,168.00 7465 Less Cutting Edge, Segments, and
Teeth
1 $ 0.00 $ 0.00
7500 Less Fork Frame 1 $ 0.00 $ 0.00
7700 Less Tines 1 $ 0.00 $ 0.00
7800 Less Bucket 1 $ 0.00 $ 0.00
8017 23.5R25 L3 1-Star Radial Tires w/ 3
PC Rims - No Brand Preference
1 $ 0.00 $ 0.00
8295 Heated And Powered Exterior Mirrors 1 $ 747.00 $ 747.00 8501 Debris Package 1 $ 3,574.00 $ 3,574.00
8502 Maintenance and Service Package 1 $ 1,099.00 $ 1,099.00 Standard Options Total $ 87,767.00
Value Added Services Total $ 0.00
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Selling Equipment
Quote Id: 31299637 Customer: CITY OF MODESTO PURCHASING DEPARTMENT Confidential
Suggested Price $ 474,475.00
Customer Discounts
Customer Discounts Total $ -1,800.00 $ -1,800.00
Total Selling Price $ 472,675.00
Sourcewell Discount 34% off List
Hours: 0
Stock Number:

Selling Price
$ -160,709.50
Code Description Qty Unit Extended
Sourcewell Sourcewell Discount 34% from List 1 $ 0.00 $ 0.00 Suggested Price $ 0.00
Customer Discounts
Customer Discounts Total $ -160,709.50 $ -160,709.50
Total Selling Price $ -160,709.50
Non Deere Items Non Sourdewell Items
Hours: 0
Stock Number:

Suggested List
$ 61,032.80
Selling Price
$ 61,032.80
Code Description Qty Unit Extended
Sourcewell Non Sourcewell Items 1 $ 0.00 $ 0.00
Standard Options - Per Unit
Freight Inbound Freight 1 $ 11,000.00 $ 11,000.00
Freight Freight to Customer 1 $ 1,000.00 $ 1,000.00
PDI Pre Delivery Inspection 1 $ 2,100.00 $ 2,100.00
Shop Jumper Lines to Bucket with QC 1 $ 1,500.00 $ 1,500.00 Tink Tink 5.25 CYD GRABBER 120" WIDE
Yard Rollout
1 $ 45,432.80 $ 45,432.80
Standard Options Total $ 61,032.80
Suggested Price $ 61,032.80
Customer Discounts
Customer Discounts Total $ 0.00 $ 0.00
Total Selling Price $ 61,032.80
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Selling Equipment
Quote Id: 31299637 Customer: CITY OF MODESTO PURCHASING DEPARTMENT Confidential
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Notice: When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Offroad Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at:
http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.
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- 341 -
7/13/2024
Buyer: City of Modesto Fleet Services
Address: 1010 10th Street
Modesto, California 95354
Attn: Kim Presson
Ref FSA23-VEL31.0
P/N
BIKE
PAINT
26800120
5700157
53000712DH
53196-09
53196-09
68000277
68000286
69201092
68000439
76001039
68000137
68000170
68000274
68000275
73103-96bk
73153-96bk
73190-96
73191-96
1 Complete Emergency Response Kit $ 1,086.65
$ 30,321.89
Shipping to Modesto, CA per bike $ 585.00
$ 19,125.00
Police Accessories $ 6,551.89
Installation of Police Accessories $ 4,060.00
Total FLTRXP, Equipment
2024 Police Road Glide w/Houston Paint

ALL HARLEY-DAVIDSON PARTS INSTALLED AT TIME OF BUILD WILL BE INCLUDED IN THE 3 YEAR/60,000 MILE FACTORY WARRANTY
20 Contact Receptacles $ 33.80
10 3 Position Receptacle Housing $ 25.80
20 Tab Terminals $ 33.80
10 3 Position Tab Housing $ 25.80
1 Road Glide Windshield Light Array $ 813.40
1 Emergency Light Harness $ 75.44
2 4 MegaThin LED Lights $ 560.80
2 Lighthead Splitter Harness' $ 132.00
1 Tour Pak Adapter Plate $ 104.50
3 TripleStack LED Lights $ 790.35
1 Tour-Pak Lock Keyed to Bike $ 26.34
1 FLTRXP CoolFlow Fan Kit $ 280.45
1 Harley-Davidson Police Tour Pak, PreDrilled $ 1,828.51 1 Mid Frame Air Deflector kit for CoolFlow fan $ 83.25

OPTION DESCRIPTION
1 2024 Police Road Glide (FLTRXP), California Model $ 18,225.00 1 Two-Tone "Houston" Paint, Color Code 049 $ 900.00
QTY

ALLIGATOR ALLEY HD
201 INTERNATIONAL PARKWAY
SUNRISE, FL 33325
Tel: (954) 414-4135 ext 3118
Contact Steve Otton

MOTORCYCLE QUOTE
Side Marler Light Brackets $ 93.52
1 Red LED Side Marker Light $ 278.74
1 Blue LED Side Marker Light $ 278.74
#10..
- 342 -
Alligator Alley Harley-Davidson
Quote: Dated 7-13-2024
Coperative Bid: REF FSA23-VEL31.0
Florida Sheriffs Association
Description QTY Price Per Bike Total Price
2024 Police Road Glide (FLTRXP) California Model 6 $18,225.00 $109,350.00 with Houston Paint - Two Tone Color Code 049 6 $900.00 $5,400.00 Police Accessories 6 $6,551.89 $39,311.34
Subtotal $25,676.89 $154,061.34
Installation of Police Accessories 6 $4,060.00 $24,360.00 Shipping to Modesto 6 $585.00 $3,510.00
Sales Tax 8.875 (City of Modesto to Report/Pay) $2,278.82 $13,672.94 Total amount $32,600.71 $195,604.28
#10..

Retail Sales Order
RTC S-120 CA-1223
SALES ORDER Date
Please enter my order for the following:
 New  F.E.T. Applicable
 Used  F.E.T. Exempt
Customer’s Name
Make Series Street City State Zip
Year Body Type Federal Tax ID # Business Phone Fax Color Trim Serial # Purchaser’s Name
Stock #
To be delivered on or about Street City State Zip
Federal Tax ID # Business Phone Fax
County.

LIENHOLDER INFORMATION
Date of Lien
Lien Holder
*See Trade-in details on page 4

INSURANCE

UNLESS A CHARGE IS INCLUDED IN THIS ORDER FOR PUBLIC LIABILITY OR

PROPERTY DAMAGE INSURANCE, PAYMENT FOR SUCH COVERAGE IS NOT PROVIDED BY THIS ORDER.

NOTICE. No person is required as a condition precedent to financing the purchase of an automobile that any insurance be negotiated or purchased through a particular insurance agent or broker.
______________________________________
Customer’s Signature Date
OFFER RECEIVED BY:

SALES REPRESENTATIVE Date
OFFER ACCEPTED BY:

AUTHORIZED REPRESENTATIVE Date
*SUBJECT TO ADJUSTMENT – FINAL F.E.T. MAY VARY.

ANY F.E.T. VARIANCE RESPONSIBILITY OF DEALER
NOTICE: THE FOLLOWING ARE IMPORTANT PROVISIONS OF THIS ORDER

THIS ORDER CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS AND, AS OF THE DATE

HEREOF, COMPRISES HE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT BETWEEN THE PARTIES.

IF ANY REPRESENTATIONS, SPECIFICATIONS OR OTHER AGREEMENTS ARE RELIED UPON BY

CUSTOMER, THEY MUST BE IN WRITING AND SPECIFICALLY IDENTIFIED AND REFERENCED IN THIS ORDER; OTHERWISE, THEY WILL NOT BE BINDING ON OR ENFORCEABLE AGAINST DEALER.

THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 1 Customer, by the execution of this Order, offers to purchase the Product(s) described above upon the Terms and Conditions contained herein. Customer acknowledges that Customer has read the Terms and Conditions of this Order on

Page 2 ends

CARB Disclosure: A vehicle operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. It therefore could be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. .

By Salesman
Vehicle will be Titled in
*** Vehicle will be Registered in the State of
*** State of registration is based on the state selected by the Customer when the vehicle was ordered. Customer is solely responsible for, and agrees to defend, indemnify and hold Rush harmless from, any reporting obligations and/or liability, including but not limited to penalties and fines, arising from registration and/or operation of a vehicle in a state other than the state of registration identified herein.

Rush Medium-Duty Truck Centers of California, Inc. dba Rush Truck Center, Ceres 1720 Herndon Rd
Ceres, CA 95307-4421
(209) 857-7400
07/31/2024 City of Modesto 1609 8th St Modesto CA 95354-2259 Ford F-250 2024 (209) 342-2274 OXFORD WHITE 1FT7X2AA7REC82604 1714997 7/31/2024 Carlos Perez Stanislaus California Sales Price 49,319.04 Factory Paid F.E.T. 0.00 F.E.T. Tire Credit 0.00 Total Factory Paid F.E.T. 0.00 Optional Extended Warranties 0.00 Sub-Total 49,319.04 Dealer Paid F.E.T. * 0.00 Local Taxes 4,406.35 Electronic Vehicle Registration or 33.00 Transfer Charge (not a governmental fee) 0.00 (paid to Motor Vehicle Software Corp.) Total Used Vehicle Allowance * 0.00 Tire Recycling Fee 8.75 Less Total Balance Owed 0.00 Document Processing Charge 80.00 Total Net Allowance on Used Vehicle(s) 0.00 Administration Fee ** 250.00 Deposit or Credit Balance 0.00 Delivered Price 54,097.14 Cash with Order 0.00 Total Down Payment 0.00 0.00 Unpaid Balance Due on Delivery 54,097.14 Printed on 07/31/2024 at 2:03:50 PM Original Price 54,798.93 BuyBoard Discount (5,479.89) Manufacturer Rebate A DOCUMENT PROCESSING CHARGE IS NOT A GOVERNMENTAL FEE. A

DOCUMENT PROCESSING CHARGE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO CUSTOMERS FOR HANDLING DOCUMENTS RELATING TO THE SALE.

A DOCUMENT PROCESSING CHARGE MAY NOT EXCEED $80.00. THIS NOTICE IS REQUIRED BY LAW. ** THE ADMINISTRATIVE FEE IS NOT A GOVERNMENTAL FEE ** #10..
- 344 -
Save Print & Save
#10..

LIENHOLDER INFORMATION
Date of Lien
Lien Holder
*See Trade-in details on page 4

INSURANCE

UNLESS A CHARGE IS INCLUDED IN THIS ORDER FOR PUBLIC LIABILITY OR

PROPERTY DAMAGE INSURANCE, PAYMENT FOR SUCH COVERAGE IS NOT PROVIDED BY THIS ORDER.

SALES REPRESENTATIVE Date
OFFER ACCEPTED BY:

AUTHORIZED REPRESENTATIVE Date
*SUBJECT TO ADJUSTMENT – FINAL F.E.T. MAY VARY.

ANY F.E.T. VARIANCE RESPONSIBILITY OF DEALER
NOTICE: THE FOLLOWING ARE IMPORTANT PROVISIONS OF THIS ORDER

THIS ORDER CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS AND, AS OF THE DATE

HEREOF, COMPRISES HE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT BETWEEN THE PARTIES.

IF ANY REPRESENTATIONS, SPECIFICATIONS OR OTHER AGREEMENTS ARE RELIED UPON BY

CUSTOMER, THEY MUST BE IN WRITING AND SPECIFICALLY IDENTIFIED AND REFERENCED IN THIS ORDER; OTHERWISE, THEY WILL NOT BE BINDING ON OR ENFORCEABLE AGAINST DEALER.

Page 2 ends

Rush Medium-Duty Truck Centers of California, Inc. dba Rush Truck Center, Ceres 1720 Herndon Rd
Ceres, CA 95307-4421
(209) 857-7400
07/31/2024 City of Modesto 1609 8th St Modesto CA 95354-2259 Ford F-250 2024 (209) 342-2274 OXFORD WHITE 1FT7X2BA6RED43178 1736816 7/31/2024 Carlos Perez Stanislaus California Sales Price 68,047.32 Factory Paid F.E.T. 0.00 F.E.T. Tire Credit 0.00 Total Factory Paid F.E.T. 0.00 Optional Extended Warranties 0.00 Sub-Total 68,047.32 Dealer Paid F.E.T. * 0.00 Local Taxes 6,068.49 Electronic Vehicle Registration or 33.00 Transfer Charge (not a governmental fee) 0.00 (paid to Motor Vehicle Software Corp.) Total Used Vehicle Allowance * 0.00 Tire Recycling Fee 8.75 Less Total Balance Owed 0.00 Document Processing Charge 80.00 Total Net Allowance on Used Vehicle(s) 0.00 Administration Fee ** 250.00 Deposit or Credit Balance 0.00 Delivered Price 74,487.56 Cash with Order 0.00 Total Down Payment 0.00 0.00 Unpaid Balance Due on Delivery 74,487.56 Printed on 07/31/2024 at 1:56:18 PM INCLUDES HIGHWAY PRODUCTS SURVEYOR PACK Original Price 75,607.77 BuyBoard Discount (7,560.45) Manufacturer Rebate A DOCUMENT PROCESSING CHARGE IS NOT A GOVERNMENTAL FEE. A

DOCUMENT PROCESSING CHARGE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO CUSTOMERS FOR HANDLING DOCUMENTS RELATING TO THE SALE.

A DOCUMENT PROCESSING CHARGE MAY NOT EXCEED $80.00. THIS NOTICE IS REQUIRED BY LAW. ** THE ADMINISTRATIVE FEE IS NOT A GOVERNMENTAL FEE ** #10..
- 346 -
Retail Sales Order

TERMS AND CONDITIONS

1. Parties to Order; Definitions. As used in this Retail Sales Order (“Order”), the terms: (a) “Dealer” shall mean the Rush Dealer identified at the top of the first page of this Order; (b) “Customer” shall mean the Customer identified on the first page of this Order; (c) “Manufacturer(s)” shall mean the entity or entities that manufactured the Product(s), it being understood by Customer that Dealer is in no respect the agent of Manufacturer(s); and (d) “Product(s)” shall mean the new and/or used vehicle or other components, accessories or products, which are being purchased by Customer, as set forth in this Order.

2. WARRANTY DISCLAIMERS AND LIMITATIONS
NEW PRODUCTS – MANUFACTURER WARRANTIES ONLY. Any warranties on any new Product(s) sold under this Order are limited only to any printed Manufacturers’ warranties delivered to Customer with the Product(s). EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PRODUCT(S) ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF W HICH IS EXPRESSLY DISCLAIMED.

USED PRODUCTS. Any used Product(s) sold under this Order are sold on an “AS IS, WHERE IS” basis, without any warranties by Dealer. EXCEPT FOR ANY MANUFACTURERS’ WARRANTIES

THAT MAY STILL BE IN EFFECT, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. If the Product(s) are sold by Dealer as “Certified Pre-Owned”, the warranty of merchantability is not disclaimed.

LIMITED WARRANTY ON SERVICES. Dealer warrants that all services performed by Dealer for Customer in conjunction with the sale of the Product(s), including if applicable installation, upfitting and conversion services (“Services”), will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty is valid for a period of ninety (90) days from the date the Product(s) is delivered to Customer. Customer’s sole and exclusive remedy, and Dealer’s entire liability, under the Services Warranty is the repair of any nonconforming portion of the Services. DEALER PROVIDES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ITS SERVICES. The Services Warranty is strictly limited to Services performed by Dealer for Customer. Dealer does not warrant any services provided by any third-party, including but not limited to installation, upfitting or conversion services. Any warranties are solely those that are provided by the third-party service provider.

NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, DEALER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

3. Reappraisal of Trade-In Vehicle. If the motor vehicle which has been traded in (“Trade-In Vehicle”) as a part of the consideration for the Product(s) ordered hereunder is not to be delivered to Dealer until delivery to Customer of the Product(s), the Trade-In Vehicle shall be reappraised at that time and such reappraised value shall determine the allowance made for the Trade-In Vehicle. If the reappraised value is lower than the original allowance shown on the front of this Order, Customer may, if dissatisfied, cancel this Order.

4. Delivery of Trade-In Vehicle by Customer; Customer Warranty of Title and Emissions. Customer agrees to deliver to Dealer satisfactory evidence of title to the Trade-In Vehicle at the time of delivery of the Trade-In Vehicle to Dealer. Customer warrants the Trade-In Vehicle to be Customer’s property free and clear of all liens and encumbrances. Customer further warrants that the emissions system of the Trade-In Vehicle, including any air pollution control devices (“Emissions System”), has not been removed, dismantled, modified, tampered with or altered in any way and Emissions System is functioning in accordance with the original OEM specifications.

5. Delay or Failure in Delivery; Limitation of Dealer Liability. Dealer shall not be liable for failure to deliver or delay in delivering any Product(s) covered by this Order where such failure or delay is due, in whole or in part, to any cause beyond the reasonable control, or is without the gross negligence or intentional misconduct, of Dealer. Examples of causes beyond Dealer’s reasonable control include, but are not limited to, Manufacturers’ delay or failure to deliver Product(s) for any reason, earthquake, hurricane or other natural disaster, fire, war, terrorist act, labor dispute, strike, etc.

6. Liability for Taxes. The price for the Product(s) specified on the face of this Order includes reimbursement to Dealer for federal excise taxes paid, but does not include sales or use taxes or occupational taxes based on sales volume (federal, state or local) unless expressly so stated. Customer assumes and agrees to pay, unless prohibited by law, any such sales or use or occupational taxes imposed on or applicable to the transaction covered by this Order, regardless of which party may have primary tax liability thereof.

7. Customer’s Deposit. Any Customer’s deposit, whether cash or Trade-In Vehicle, shall not be refunded except due to Dealer’s failure to deliver the Product(s).

8. Risk of Loss; Insurance. Customer shall assume all risk of loss relating to the Product(s) at the time Customer receives possession of the Product(s), or at the time Customer receives title to the Product(s) if title is conveyed before Customer receives possession. Customer shall obtain insurance for the Product(s) that will be in effect at the time Customer takes possession of the Product(s), or at the time Customer receives title to the Product(s) if title is conveyed before the Customer receives possession. Dealer shall have no responsibility or liability related to the Product(s) after Customer receives either possession or title to the Product(s).

9. Governing Law; Venue; Time to Commence Action. Except to the extent that the laws of the United States may apply or otherwise control this Order, the rights and obligations of the parties hereunder shall be governed by, and construed and interpreted in accordance with, the laws of the state in which Dealer is located, without regard to conflict of law principles. The mandatory venue for any claim, litigation, civil action or any other legal or administrative proceeding (“Action”) involving any controversy or claim between or among the parties to this Order, is the state in which Dealer is located.

Customer has one (1) year from the accrual of any cause of action arising from the purchase of the Product(s) to commence an Action against Dealer.

10. Limitation of Damages. Customer agrees that in the event of any Action brought by Customer against Dealer, Customer shall not be entitled to recover any incidental or consequential damages as defined in the Uniform Commercial Code, including but not limited to indirect or special damages, loss of income or anticipated profits, or down-time, or any punitive damages.

11. Fees and Expenses of Actions. In any Action, whether initiated by Dealer or Customer, where the Customer has a right, pursuant to statute, common law or otherwise, to recover reasonable attorneys’ fees and costs in the event it prevails, Customer agrees that Dealer shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action in the event that Dealer prevails.

12. Execution and Delivery by Electronic Transmission. If this Order or any document executed in connection with this Order is delivered by facsimile, email or similar instantaneous electronic transmission device pursuant to which the signature of or on behalf of such party can be seen, such execution and delivery shall be considered valid, binding and effective for all purposes as an original document. Additionally, the signature of any party on this Order transmitted by way of a facsimile machine or email shall be considered for all purposes as an original signature. Any such faxed or emailed document shall be considered to have the same binding legal effect as an original document. At the request of Dealer, any faxed or emailed document shall be re-executed by Customer in an original form.

13. Waiver; Severability. No waiver of any term of this Order shall be valid unless it is in writing and signed by Dealer’s authorized representative. If any provision or part of any provision of this Order shall be deemed to violate any applicable law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining part of that provision and the remainder of the Order shall continue to be binding and enforceable.

14. California Air Resources Board Disclosure. An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It therefore could be subject to exhaust retrofit or accelerated turn-over requirements to reduce emissionsof air pollutants.

Customer agrees to hold Rush Truck Centers of California, Inc. and any of its affiliates harmless for any repairs and/or modifications which may have to be made to the above referenced vehicle to bring it into compliance with pending CARB or other governmental regulations which are enacted after the date of purchase. Customer also agrees to hold Rush Truck Centers of California, Inc. and any of its affiliates harmless for losses or damages which agents, employees, subsidiaries, entities, heirs, and assigns may incur or suffer as the result of any pending California Air Resources Board (CARB) regulations or similar regulations which may be pending or enacted by other states or the federal government.

15. No Broker; Manufacturer Incentives. If at any time Dealer determines that the Customer intends to engage in the resale of vehicles for profit, where such resale is not in conjunction with further manufacturing, Dealer reserves the right to cancel this Order. Certain manufacturer incentives are intended to be used for retail customers at the location as identified by the Customer in this Order. Customer represents that they will register the vehicle with their state motor vehicle department and are not purchasing this vehicle with the intent to resell/export the vehicle, except where such resale is in conjunction with further manufacturing. If at any time Dealer determines that the foregoing representations are not true, Dealer has the right to seek repayment of any manufacturer incentives that are paid.

16. Communication Consent. Dealer and any other owner or servicer of this account may use any information Customer gives Dealer, including but not limited to email addresses, cell phone numbers, and landline numbers, to contact Customer for purposes related to this account, including debt collection and marketing purposes. In addition, Customer expressly consents to any such contact being made by the most efficient technology available, including but not limited to, automated dialing equipment, automated messages, and prerecorded messages, even if Customer is charged for the contact.

17. Used Car Buyers Guide. If applicable, the information on the window form for the vehicle(s) is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale.

Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventanilla para este vehículo forma parte del presente contrato. La información del formulario de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta.

18. Third Party Products and Services. Products purchased from Rush may include products and services provided by third parties, including subscription services and/or software products (“Third Party Products”) that have their own terms and conditions of use and privacy policies (“Third Party Use Terms”). Customer’s use of the Third Party Products is governed by and subject to the Third Party Use Terms. Customer understands and agrees that Rush is not responsible or liable for Customer’s use of the Third Party Products. Use of Dealer’s RushCare products and services is governed by the RushCare Technology Solutions Platform User Agreement located at http://www.rushtruckcenters.com/rushcare-user-agreement.

19. Use of Vehicle Repair Data. Vehicle maintenance service and repair information arising from or created as a result of Services provided by Dealer, including vehicle owner information, vehicle identification numbers and vehicle specifications (“Vehicle Repair Data”), may be provided to vehicle/component manufacturer(s) and the vehicle/component manufacturer(s) dealers, and their respective service management platform providers (“Maintenance Third Parties”) and used by Dealer and Maintenance Third Parties to support and enhance vehicle repair services provided to such parties’ customers. Customer also authorizes Dealer and Maintenance Third Parties to aggregate Vehicle Repair Data with data of other repair customers in a way that does not identify Customer and to use such aggregated data for any purpose.

20. Insurance. IT IS CUSTOMER’S RESPONSIBILITY TO OBTAIN INSURANCE ON THE VEHICLE. Dealer may request insurance information from Customer in order to register the vehicle or for verifying insurance coverage. Dealer’s request for insurance information does not constitute an agreement to transfer or obtain insurance coverage on the vehicle. By signing this agreement, Customer covenants and agrees that Customer has obtained, or will obtain, before the vehicle is driven by anyone, insurance on the vehicle.

21. Manufacturer Surcharges. The Manufacturer has reserved the right to change the price to Dealer of any Product that is not currently in Dealer’s stock, without notice to Dealer. If a Product identified in this Order is not currently in Dealer’s stock at the time this Order is signed by the Customer, Dealer reserves the right to change the Product price to reflect any price increases imposed by the Manufacturer.

Customer Initial
RTC S-120 CA-101322 Rush Medium-Duty Truck Centers of California, Inc. dba Rush Truck Center, Ceres 1720 Herndon Rd
Ceres, CA 95307-4421
(209) 857-7400
#10..
- 347 -
FACTS WHAT DOES RUSH TRUCK CENTERS DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing.

Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

WHY?
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
• Social Security number and income
• Account balances and payment history
• Credit history and employment information
When you are no longer our customer, we continue to share your information as described in this notice.

What?
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Rush Truck Centers chooses to share; and whether you can limit this sharing.

How?
Questions? Call (830) 302-5200
• This notice is made by Rush Enterprises, Inc. and its wholly owned subsidiaries in the Rush Truck Centers’ family of companies: Rush Administrative Services, Inc., Rush Truck Centers of Alabama, Inc., Rush Truck Centers of Arizona, Inc., Rush Truck Centers of Arkansas, Inc., Rush Truck Centers of California, Inc., Rush Medium Duty Truck Centers of California, Inc., Rush Truck Centers of Colorado, Inc., Rush Medium Duty Truck Centers of Colorado, Inc., Rush Truck Centers of Florida, Inc., Rush Truck Centers of Georgia, Inc., Rush Truck Centers of Idaho, Inc., Rush Truck Centers of Illinois, Inc., Rush Truck Centers of Indiana, Inc., Rush Truck Centers of Kansas, Inc., Rush Truck Centers of Kentucky, Inc., Rush Truck Centers of Missouri, Inc., Rush Truck Centers of Nevada, Inc., Rush Truck Centers of New Mexico, Inc., Rush Truck Centers of North Carolina, Inc., Rush Truck Centers of Ohio, Inc., Rush Truck Centers of Oklahoma, Inc., Rush Truck Centers of Pennsylvania, Inc., Rush Truck Centers of Tennessee, Inc., Rush Truck Centers of Texas, LP, Rush Truck Centers of Utah, Inc., and Rush Truck Centers of Virginia, Inc. • This Privacy Policy does not apply to information obtained in a non-financialtransaction.

Other important information
Rev. 07/22
Rush Privacy Policy
For Nonpublic Personal Information Disclosed in Connection with the Provision of Financial Products or Services Reasons we can share your personal information Does Rush Truck Centers share? Can you limit this sharing? For our everyday business purposesSuch as to process your transactions, maintain your account(s), respond to court orders and legal Investigations, or report to credit bureaus
Yes No
For our marketing purposesTo offer our products and services to you Yes No For joint marketing with other financial companies Yes No For our affiliates’ everyday business purposesInformation about your transactions and experiences Yes No For our affiliates’ everyday business purposesInformation about your creditworthiness No We don’t share For our affiliates to market to you No We don’t share
For nonaffiliates to market to you No We don’t share
Who we are
Who is providing this notice? Rush Enterprises, Inc. and its wholly owned subsidiaries. See “Other important information” below for a listing of companies.

What we do
How does Rush Truck Centers
protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does Rush Truck Centers collect
my personal information?
We collect your personal information, for example, when you  apply for financing
 give us your income information or provide employmentinformation  provide account information or give us your contactinformation We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing? Federal law gives you the right to limit only  sharing for affiliates’ everyday business purposes-information about your creditworthiness  affiliates from using your information to market to you  sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.

Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.

Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.

Rush does not share with nonaffiliates so they can market to you.

Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
 Includeslenders, finance companies and financialservice providers #10..
- 348 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 9, 2024
Date: June 10, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Award Construction Contract the for 2023 Playground Replacement Phase 1 Project
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving the Plans and Specifications for the 2023 Playground Replacement Project, Phase 1, accepting the Bid and Awarding a Construction Contract to Sierra Play Partners, of Ripon, CA, in an amount not to exceed $758,533. (Funding Source: Measure H) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

With an estimated $70+ million in deferred maintenance in our park system, many park amenities are severely in need of replacement. In June 2023, Council approved the FY 2023- 2024 budget, which included $6,100,000 of Measure H funding for deferred park maintenance.

As part of the deferred park maintenance allocation, $2,520,000, is budgeted for the replacement of playground structures at eight (8) City parks.

Staff sought public input on the playground design of six (6) of the play structures. On November 17, 2023, via the City website, voting for the preferred design of four playgrounds at Lakewood Park, Mildred Perkins Park, Orchard Park, and Riverside Park was opened. Voting lasted until December 8, 2023, and a total of 1,290 votes were received. On January 5, 2024, via the City website, voting for the preferred design for two additional playgrounds at Aqueduct Park and City Gate Children’s Park, was opened. Voting lasted until January 19, 2024, and a total of 193 votes were received.

On February 27, 2024, by Council Resolution 2024-071, Council approved the purchase of six playgrounds for a total not to exceed $959,394. In addition to the purchase of play equipment, sitework is necessary for installation of the play equipment. This construction award will cover six of the eight playground sites. For the remaining two sites, Coleman F. Brown Park and Davis #11..
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City Council, July 9, 2024
Award Construction Contract the for 2023 Playground Replacement Phase 1 Project

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Park, staff continues work on the design and expects to bring an item for Council’s approval in the coming months.

DISCUSSION:

The site work for the project was advertised for bids on May 7, 2024. Bids were publicly opened on June 11, 2024, pursuant to City Charter Section 1307, and four bids were received. Sierra Play Partners, of Ripon, CA., was determined to be the responsible bidder with the lowest responsive bid. The bid tabulation is attached, and a summary of the bids is below:

The bid analysis is:

Number of bids received 4
Number of bids within 10% of engineer’s estimate 0
Number of bids above the engineer’s estimate 3
Number of bids below the engineer’s estimate 1
Percent low bid is below the engineer’s estimate -13.48% Sierra Play Partners of Ripon, CA, was 13.48% below the engineer’s estimate. The next lowest bid was 15.02% above the engineer’s estimate. The highest bid was 33% above the engineer’s estimate. Bidder competition and participation was evident as the City received four bids.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. The award of contract for the construction of the 2023 Playground Replacement Phase 1 Project to Sierra Play Partners, of Ripon, CA, conforms to Modesto Municipal Code, 8-3.203. Therefore, staff recommends awarding the contract to Sierra Play Partners, of Ripon, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 2023-405 on September 12, 2023, established a contract change order authority of 10% for construction contracts up to $10,000,000. Staff is requesting the Engineering Services Director’s Authority to issue change orders of 10% ($68,958) of the construction contract amount.

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

FISCAL IMPACT:

Funding for this project is budgeted in the Capital Improvement Project #101517 (PRN – 2023/24 Deferred Maintenance – Measure H). The expense budget for the project, shall be as outlined below:
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City Council, July 9, 2024
Award Construction Contract the for 2023 Playground Replacement Phase 1 Project

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ESTIMATED CONSTRUCTION EXPENSES:

Construction $ 689,575
Construction Contingency (10%) $ 68,958
Construction Administration – City Staff (3%) $ 20,687
Bid/Design Support During Construction (2%) $ 13,792
Total Cost $ 793,012
COMMITTEE RECOMMENDATION:

On April 15, 2024, this project was one of several park construction projects presented to the Safety & Communities Committee for consideration to minimize the time between bidding and Council award. The Committee approved the item to be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

City staff prepared a Notice of Exemption No. EA/PR&N 2024-01, and the project is categorically exempt from CEQA because of Section 15302, since the project is for the replacement of existing structures involving a negligible expansion of use beyond the current use.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Plans and Specifications for the 2023 Playground Replacement Phase 1 Project, accepting the Bid and Awarding a Construction Contract to Sierra Play Partners of Ripon, CA, in the amount of $689,575, plus $68,958, in contingency (if needed), for a total payment amount not to exceed $758,533 and authorizing the City Manager, or his designee, to execute the contract.

Approved by:

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

1. Resolution for Construction Contract – Sierra Play Partners

2. Agreement & Financial Interest Disclosure Form – Sierra Play Partners

3. Bid Tabulation
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07/09/2024/PRN/NHoux/Item XX 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2023 PLAYGROUND REPLACEMENT PHASE 1 PROJECT, ACCEPTING THE

BID AND AWARDING A CONSTRUCTION CONTRACT TO SIERRA PLAY PARTNERS OF RIPON, CA, IN THE AMOUNT OF $689,575, PLUS $68,958, IN

CONTINGENCY (IF NEEDED), FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $758,533 AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE CONTRACT
WHEREAS, with an estimated $70+ million in deferred maintenance in our park system, many park amenities are severely in need of replacement; and WHEREAS, in June 2023, Council approved the FY 2023-2024 budget, which included $6,100,000 of Measure H funding for deferred park maintenance; and WHEREAS, as part of the deferred park maintenance allocation, $2,520,000, is budgeted for the replacement of playground structures at eight (8) City parks; and WHEREAS, on February 27, 2024, by Council Resolution 2024-071, Council approved the purchase of six playgrounds for a total not to exceed $959,394; and WHEREAS, with the purchase of play equipment, site work is necessary for installation of the play equipment; and
WHEREAS, the site work for the project was advertised for bids on May 7, 2024; and
WHEREAS, bids were publicly opened on June 11, 2024, pursuant to City Charter Section 1307, and four bids were received; and
WHEREAS, Sierra Play Partners, of Ripon, CA, was determined to be the responsible bidder with the lowest responsive bid; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual #11..
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services to be formally bid; and
WHEREAS, the award of contract for the construction of the 2023 Playground Replacement Phase 1 Project, to Sierra Play Partners, of Ripon, CA, conforms to Modesto Municipal Code, 8-3.203; and
WHEREAS, staff recommends awarding the contract to Sierra Play Partners, of Ripon, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the 2023 Playground Replacement Phase 1 Project, accepts the Bid, and awards a construction contract to Sierra Play Partners, of Ripon, CA, in the amount of $689,575 plus $68,958 in contingency (if needed), for a total amount not to exceed $758,533.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #11..
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07/09/2024/PRN/NHoux/Item XX 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of July 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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2023 Playground Replacement Project – Phase 1

CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this ______ day of _____________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and SIERRA PLAY PARTNERS, a California, LLC., hereinafter called Contractor, R E C I T A L S :

WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Parks, Recreation & Neighborhoods Department for the 2023 PLAYGROUND REPLACEMENT PROJECT – PHASE 1 project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the ______ day of ___________ 2024; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the ______ day of ____________, 2024 by Resolution 2024-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.

NOW, THEREFORE, the parties hereto mutually agree as follows:
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1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled 2023 PLAYGROUND REPLACEMENT PROJECT – PHASE 1, City of Modesto, Parks, Recreation & Neighborhoods Department, Project Number 2024-11, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Engineering Services.
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 Director of Engineering Services of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:

CONTRACTOR’S BID
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price Total Price
1 Temporary Fencing (All Sites) LS 1 $5,500.00 $5,500.00 2 Demolition and Disposal (All Sites) LS 1 $16,000.00 $16,000.00 3 Removal of Sand and Disposal (5
Sites)
SF 47700 $1.00 $47,700.00
4 Site Grading, Rough and Fine (5
Sites)
SF 47700 $0.25 $11,925.00
5 Temporary Relocation of Existing
Engineered Wood Fiber (1 Site)
LS 1 $750.00 $750.00
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2023 Playground Replacement Project – Phase 1
6 Playground Drainage Sump (4
Sites)
EA 9 $3,500.00 $31,500.00
7 Playground ADA Concrete Ramp
(All Sites)
EA 8 $3,800.00 $30,400.00
8 Playground Equipment Installation
(All Sites)
LS 1 $388,000.00 $388,000.00
9 Playground Surfacing Engineered
Wood Fiber (All Sites)
CY 3000 $50.00 $150,000.00
10 Certified Playground Safety
Inspection (All
EA 6 $1,300.00 $7,800.00
TOTAL BID $689,575.00

2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 00800 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.

All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be #11..
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2023 Playground Replacement Project – Phase 1
executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.

3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Engineering Services receives and has on file:
a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.

Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in the shortest reasonable amount of time.

4. PAYMENT. Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.

5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers #11..
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relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.

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

6. LIABILITY INSURANCE.

General
Contractor shall procure and maintain for the duration of this Agreement, and for the entire duration covered by the warranty bond, insurance as required by the Contract Documents and against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees, or subcontractors.

Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance
Services Office Form CG 00 01, including products and completed operations, with limits of no less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office
Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 #11..
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2023 Playground Replacement Project – Phase 1
per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by
the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction) insurance
utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is required.

5. Contractors’ Pollution Legal Liability and/or
Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work #11..
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2023 Playground Replacement Project – Phase 1
or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).

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

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date
must be before the execution date of the Agreement or the beginning of Contract Work.

2. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of Contract Work.

3. If coverage is canceled or non-renewed, and not
replaced with another claims-made policy form with a retroactive date prior to the #11..
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2023 Playground Replacement Project – Phase 1
Agreement effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract Work.

4. A copy of the claims reporting requirements must
be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage #11..
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required by this Agreement. The Contractor must deliver certificates evidencing existence of the insurance and specified endorsements listed above to the Director of Engineering Services within 5 business days after the Notice of Award is received. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by the Contract Documents, at any time.

J. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.

7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case #11..
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2023 Playground Replacement Project – Phase 1
suit is brought upon the bond.
c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.

8. COMPLIANCE WITH ALL LAWS. Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

9. TERMINATION OF AGREEMENT.

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

If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.

The Contractor understands and agrees that City may, in City's sole #11..
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2023 Playground Replacement Project – Phase 1
discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

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

A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:

1. 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;

2. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;

3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress #11..
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to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or
undertaken, including materials not delivered;

4. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Contractor in performing the Work
whether completed or in process;

5. Settle outstanding liabilities and claims, subject to the approval of City;

6. Complete performance of such part of the Work as has not been terminated;

7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;

8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.

B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the #11..
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Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:

1. Any actual costs incurred by the Contractor for restocking charges;

2. The agreed upon price of protecting the Work in any
manner, if any, as directed by the City;

3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;

4. The Agreement price allocable to the portion of the Work properly performed or goods supplied 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.

C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any #11..
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valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

10. NOTICES. Any notice, payment or instrument required or permitted by this Agreement to be given 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: Sierra Play Partners
Attn: Loren Jessop
PO Box 30
Ripon, CA 95366
Phone (209) 541-9658
[email protected]
City: City of Modesto
Director of Engineering Services
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5215, Fax (209) 577-4302
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

11. WORKFORCE REQUIREMENTS. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.

12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement.

13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising #11..
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out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.

14. MISCELLANEOUS. Time is of the essence of this Agreement. #11..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024-________ adopted by the Council of the City of Modesto on the ____ day of ___________, 2024, and Contractor has caused this Agreement to be duly executed.

CITY OF MODESTO, SIERRA PLAY PARTNERS
A California municipal corporation a California, LLC
By _____________________________ By ________________________________ JOSEPH P. LOPEZ, City Manager Name Title

By ________________________________
Name Title
Federal ID #__________________
ATTEST:
(Seal)
By
DIANE NAYARES-PEREZ, CMC, City Clerk
APPROVED AS TO FORM:

By ________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

By _____________________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Revised 4/25/2022
* 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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FINANCIAL INTEREST DISCLOSURE FORM
PROJECT: 2023 PLAYGROUND REPLACEMENT PROJECT – PHASE 1
1 Chapter 10, Title 2 of the Modesto Municipal Code requires all entities entering into contracts with the City of Modesto to disclose every individual who has a material financial interest in that entity as defined below. The apparent low bidder will be required to list below (and on additional sheets as necessary) all persons having a financial interest in the entity submitting the bid. The apparent low bidder shall submit this form no later than close of business on the 5th business day following receipt of the Notice of Intent to Award. Failure or refusal to submit the required information within the time required shall be grounds for declaring the bid non-responsive.

Name of Bidder: ____________________________________________________________________ Type of Organization:________________________________________________________________ (If a corporation, list the name of the state under the laws of which the corporation is chartered)

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

Tests of Materiality:

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

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

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

BUSINESS NAME APPLICANT SIGNATURE
Names: (See attached list)
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Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

DIRECTOR OF ENGINEERING
PROJECT: 2023 PLAYGROUND REPLACEMENT PROJECT – PHASE 1
2 BUSINESS NAME:

NAMES
Attach additional sheets as necessary.
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Bid Tabulation Tuesday, June 11, 2024
Project Title: 2023 Playground Replacement Project - Phase 1 Project ID #: 2024-011
Vault ID #: 19-D-0930
Account #: 101517
Bid Opening: 6/11/2024 at 11:00 AM Organization:

Basis of Award: By Base Bid Designer: Nathan Houx
Design Manager: Joel Bueno
Project Description: The project will demolish the existing playground equipment, dispose of waste materials properly, install new playground equipment and engineered wood fiber per Public Safety Standards.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Sierra Play Partners
(209) 541-9658 PO Box 30, Ripon CA 5366
Base Bid
1 Temporary Fencing (All Sites) LS 1 $5,500.00 $5,500.00 2 Demolition and Disposal (All Sites) LS 1 $16,000.00 $16,000.00 3 Removal of Sand and Disposal (5 Sites) SF 47700 $1.00 $47,700.00 4 Site Grading, Rough and Fine (5 Sites) SF 47700 $0.25 $11,925.00 5 Temporary Relocation of Existing LS 1 $750.00 $750.00 Engineered Wood Fiber (1 Site)
6 Playground Drainage Sump (4 Sites) EA 9 $3,500.00 $31,500.00 7 Playground ADA Concrete Ramp (All Sites) EA 8 $3,800.00 $30,400.00 8 Playground Equipment Installation (All Sites) LS 1 $388,000.00 $388,000.00 9 Playground Surfacing Engineered Wood CY 3000 $50.00 $150,000.00 Fiber (All Sites)
10 Certified Playground Safety Inspection (All EA 6 $1,300.00 $7,800.00 Sites)
Total: $689,575.00
Percent From Engineer's Estimate: -13.48%
Frontline General Engineering Construction, Inc.
(510) 954-0739 4448 W. Pine Haven Drive, Tracy CA 95304 Base Bid
1 Temporary Fencing (All Sites) LS 1 $53,819.03 $53,819.03 2 Demolition and Disposal (All Sites) LS 1 $39,166.15 $39,166.15 3 Removal of Sand and Disposal (5 Sites) SF 47700 $3.24 $154,548.00 4 Site Grading, Rough and Fine (5 Sites) SF 47700 $0.61 $29,097.00 5 Temporary Relocation of Existing LS 1 $16,570.44 $16,570.44 Engineered Wood Fiber (1 Site)
6 Playground Drainage Sump (4 Sites) EA 9 $2,867.55 $25,807.95 7 Playground ADA Concrete Ramp (All Sites) EA 8 $6,634.20 $53,073.60 8 Playground Equipment Installation (All Sites) LS 1 $346,557.45 $346,557.45 9 Playground Surfacing Engineered Wood CY 3000 $58.98 $176,940.00 #11..
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Fiber (All Sites)
10 Certified Playground Safety Inspection (All EA 6 $3,524.27 $21,145.62 Sites)
Total: $916,725.24
Percent From Engineer's Estimate: 15.02%
Pacific Tide Construction
(424) 276-1324 19360 Rinaldi Street, Suite 150, Northridge CA 91326 Base Bid
1 Temporary Fencing (All Sites) LS 1 $15,960.00 $15,960.00 2 Demolition and Disposal (All Sites) LS 1 $65,000.00 $65,000.00 3 Removal of Sand and Disposal (5 Sites) SF 47700 $2.62 $124,997.85 4 Site Grading, Rough and Fine (5 Sites) SF 47700 $1.09 $51,997.77 5 Temporary Relocation of Existing LS 1 $9,500.00 $9,500.00 Engineered Wood Fiber (1 Site)
6 Playground Drainage Sump (4 Sites) EA 9 $1,638.89 $14,750.00 7 Playground ADA Concrete Ramp (All Sites) EA 8 $3,500.00 $28,000.00 8 Playground Equipment Installation (All Sites) LS 1 $480,276.00 $480,276.00 9 Playground Surfacing Engineered Wood CY 3000 $41.67 $125,000.10 Fiber (All Sites)
10 Certified Playground Safety Inspection (All EA 6 $5,333.33 $32,000.00 Sites)
Total: $947,481.72
Percent From Engineer's Estimate: 18.88%
R.E. Schultz Construction, Inc.
(714) 649-2627 1767 North Batavia Street, Orange CA 92865 Base Bid
1 Temporary Fencing (All Sites) LS 1 $29,500.00 $29,500.00 2 Demolition and Disposal (All Sites) LS 1 $95,000.00 $95,000.00 3 Removal of Sand and Disposal (5 Sites) SF 47700 $2.50 $119,250.00 4 Site Grading, Rough and Fine (5 Sites) SF 47700 $1.25 $59,625.00 5 Temporary Relocation of Existing LS 1 $9,500.00 $9,500.00 Engineered Wood Fiber (1 Site)
6 Playground Drainage Sump (4 Sites) EA 9 $1,800.00 $16,200.00 7 Playground ADA Concrete Ramp (All Sites) EA 8 $6,000.00 $48,000.00 8 Playground Equipment Installation (All Sites) LS 1 $515,000.00 $515,000.00 9 Playground Surfacing Engineered Wood CY 3000 $52.00 $156,000.00 Fiber (All Sites)
10 Certified Playground Safety Inspection (All EA 6 $2,000.00 $12,000.00 Sites)
Total: $1,060,075.00
Percent From Engineer's Estimate: 33.00%
Engineer's Estimate
Base Bid
1 Temporary Fencing (All Sites) LS 1 $15,000.00 $15,000.00 2 Demolition and Disposal (All Sites) LS 1 $75,000.00 $75,000.00 3 Removal of Sand and Disposal (5 Sites) SF 47700 $1.00 $47,700.00 4 Site Grading, Rough and Fine (5 Sites) SF 47700 $0.30 $14,310.00 5 Temporary Relocation of Existing LS 1 $3,000.00 $3,000.00 Engineered Wood Fiber (1 Site)
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6 Playground Drainage Sump (4 Sites) EA 9 $3,500.00 $31,500.00 7 Playground ADA Concrete Ramp (All Sites) EA 8 $6,000.00 $48,000.00 8 Playground Equipment Installation (All Sites) LS 1 $431,721.00 $431,721.00 9 Playground Surfacing Engineered Wood CY 3000 $40.00 $120,000.00 Fiber (All Sites)
10 Certified Playground Safety Inspection (All EA 6 $1,800.00 $10,800.00 Sites)
Total: $797,031.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 27, 2024
Date: August 6, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Award Construction Contract for the 2024 Sport Court Lighting Project CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving the Plans and Specifications for the 2024 Sport Court Lighting Project for Davis Community Park and Beyer Community Park, accepting the Bid and Awarding a Construction Contract to Fluoresco Services, LLC, of Phoenix, AZ, in an amount not to exceed $113,850. (Funding Source: Measure H)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

With an estimated $70+ million in deferred maintenance in our park system, many park amenities are severely in need of replacement. In June 2023, by Resolution 2023-266, Council approved the FY 2023-2024 budget, which included $6,100,000 of Measure H funding for deferred park maintenance. As part of the deferred park maintenance allocation, $190,000 is budgeted for the renovation of lighting for sport courts within the park system.

Davis Community Park’s sport court lighting was originally installed in 1969 and Beyer Community Park’s was originally installed in 1987. Over the years the technology for sport court lighting systems has become more efficient and cost effective which is favorable for maintenance and longevity of the facilities in our park system. This deferred maintenance project will certainly enhance the recreational use for the community.

DISCUSSION:

The site work for the project was advertised for bids on June 14, 2024. Bids were publicly opened on July 23, 2024, pursuant to City Charter Section 1307, and five bids were received.

Fluoresco Services, LLC, of Phoenix, AZ., was determined to be the responsible bidder with the lowest responsive bid. The bid tabulation is attached, and a summary of the bids is below:
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Award Construction Contract for the 2024 Sport Court Lighting Project

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The bid analysis is:

Number of bids received 5
Number of bids within 10% of engineer’s estimate 4
Number of bids above the engineer’s estimate 3
Number of bids below the engineer’s estimate 2
Percent low bid is below the engineer’s estimate -26.07% Fluoresco Services, LLS, was 26.07% below the engineer’s estimate. The next lowest bid was exactly at the engineer’s estimate. The highest bid was 9.21% above the engineer’s estimate.

Bidder competition and participation was evident as the City received five bids.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. The award of contract for the construction of the 2024 Sport Court Lighting Project to Fluoresco Services, LLC, of Phoenix, AZ., conforms to Modesto Municipal Code, 8-3.203. Therefore, staff recommends awarding the contract to Fluoresco Services, LLC, of Phoenix, AZ.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 2023-405 on September 12, 2023, established a contract change order authority of 10% for construction contracts up to $10,000,000. Staff are requesting the Engineering Services Director’s Authority to issue change orders of 10% ($10,350) of the construction contract amount.

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

FISCAL IMPACT:

Funding for this project is budgeted in the Capital Improvement Project #101517 (PRN – 2023/24 Deferred Maintenance – Measure H). The expense budget for the project, shall be as outlined below:

ESTIMATED CONSTRUCTION EXPENSES:

Construction $103,500
Construction Contingency (10%) $10,350
Construction Administration – City Staff (3%) $3,105
Bid/Design Support During Construction (2%) $2,070
Total Cost $119,025
COMMITTEE RECOMMENDATION:

CEQA/NEPA REQUIREMENTS:

City staff prepared a Notice of Exemption No. EA/PR&N 2024-03, and the project is categorically exempt from CEQA because of Section 15302, since the project is for the #12..
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Award Construction Contract for the 2024 Sport Court Lighting Project

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replacement of existing structures involving a negligible expansion of use beyond the current use.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Plans and Specifications for the 2024 Sport Court Lighting Project for Davis Community Park and Beyer Community Park, accepting the Bid and Awarding a Construction Contract to Fluoresco Services, LLC, of Phoenix, AZ, in the amount of $103,500, plus $10,350, in contingency (if needed), for a total payment amount not to exceed $113,850 and authorizing the City Manager, or his designee, to execute the contract.

Approved by:

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

1. Resolution for Construction Contract – Fluoresco Services, LLC.

2. Agreement & Financial Interest Disclosure Form – Fluoresco Services, LLC.

3. Bid Tabulation
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08/27/2024/PRN/NHoux/Item XX 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2024 SPORT COURT LIGHTING PROJECT FOR DAVIS COMMUNITY PARK

AND BEYER COMMUNITY PARK, ACCEPTING THE BID AND AWARDING A

CONSTRUCTION CONTRACT TO FLUORESCO SERVICES, LLC, OF
PHOENIX, AZ, IN THE AMOUNT OF $103,500, PLUS $10,350, IN

CONTINGENCY (IF NEEDED), FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $113,850 AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE CONTRACT
WHEREAS, with an estimated $70+ million in deferred maintenance in our park system, many park amenities are severely in need of replacement; and WHEREAS, in June 2023, Council approved the FY 2023-2024 budget, which included $6,100,000 of Measure H funding for deferred park maintenance; and WHEREAS, as part of the deferred park maintenance allocation, $190,000, is budgeted for the renovation of the lighting of the sport courts within the park system; and WHEREAS, Davis Community Park’s sport court lighting was originally installed in 1969 and Beyer Community Park’s was originally installed in 1987; and WHEREAS, over the years the technology for sport court lighting systems have become more efficient and cost effective which is favorable for maintenance and longevity of the facilities in our park system; and
WHEREAS, the site work for the project was advertised for bids on June 14, 2024; and
WHEREAS, bids were publicly opened on July 23, 2024, pursuant to City Charter Section 1307, and six bids were received; and
WHEREAS, Fluoresco Services, LLC, of Phoenix, AZ., was determined to be the responsible bidder with the lowest responsive bid; and
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08/27/2024/PRN/NHoux/Item XX 2 2024-XX
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, the award of contract for the construction of the 2024 Sport Court Lighting project, to Fluoresco Services, LLC, of Phoenix, AZ., conforms to Modesto Municipal Code, 8-3.203; and
WHEREAS, staff recommend awarding the contract to Fluoresco Services, LLC, of Phoenix, AZ.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the 2024 Sport Court Lighting Project, accepts the Bid, and awards a construction contract to Fluoresco Services, LLC, of Phoenix, AZ, in the amount of $103,500 plus $10,350 in contingency (if needed), for a total amount not to exceed $113,850.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #12..
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08/27/2024/PRN/NHoux/Item XX 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of August 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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1 City of Modesto
2024 Sport Court Lighting Project

CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this ______ day of _____________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and FLUORESCO SERVICES, LLC, a LLC C Corporation, hereinafter called Contractor, RECITALS :

WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Parks, Recreation & Neighborhoods Department for the 2024 SPORT COURT LIGHTING PROJECT and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 23rd day of July 2024; and
WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the ______ day of ____________, 2024 by Resolution 2024-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.

NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 City of Modesto
2024 Sport Court Lighting Project

1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled 2024 SPORT COURT LIGHTING PROJECT, City of Modesto, Parks, Recreation & Neighborhoods Department, Project Number 2024-13, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Utilities.
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 Director of Utilities of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:

CONTRACTOR’S BID
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price Total Price
1 Davis Park Sport Court Lighting LS 1 $64,000.00 $64,000.00 Subtotal $64,000.00
BID ALTERNATE #1
101 Beyer Park Sports Court Lighting LS 1 $39,500.00 $39,500.00 Subtotal $39,500.00
TOTAL BID $103,500.00
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2024 Sport Court Lighting Project

2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 000800 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.

All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.

3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Utilities receives and has on file:
a. Proofs of insurance (approved by City Risk Manager), #12..
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4 City of Modesto
2024 Sport Court Lighting Project
b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.

5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.

6. LIABILITY INSURANCE.

A. General
Contractor shall procure and maintain for the duration of this Agreement, and for the entire duration covered by the warranty bond, insurance as required by the Contract Documents and against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees, or subcontractors.

B. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including products and completed operations, with limits of no less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is required. #12..
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2024 Sport Court Lighting Project

5. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
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7 City of Modesto
2024 Sport Court Lighting Project

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

E. Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

F. Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of Contract Work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract Work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract Work.

4. A copy of the claims reporting requirements must be
submitted to the City for review.
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2024 Sport Court Lighting Project

G. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

H. Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. The Contractor must deliver certificates evidencing existence of the insurance and specified endorsements listed above to the Director of Utilities within 5 business days after the Notice of Award is received. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The #12..
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2024 Sport Court Lighting Project
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by the Contract Documents, at any time.

J. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.

7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.
c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and #12..
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10 City of Modesto
2024 Sport Court Lighting Project
warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.

9. TERMINATION OF AGREEMENT.

The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

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

A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:

2. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;

3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include #12..
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12 City of Modesto
2024 Sport Court Lighting Project
lost profits for portions of the Work not completed or
undertaken, including materials not delivered;

5. Settle outstanding liabilities and claims, subject to the approval of City;

6. Complete performance of such part of the Work as has not been terminated;

7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;

8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.

B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:

1. Any actual costs incurred by the Contractor for restocking charges;
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13 City of Modesto
2024 Sport Court Lighting Project

2. The agreed upon price of protecting the Work in any
manner, if any, as directed by the City;

3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

10. NOTICES. Any notice, payment or instrument required or permitted by this Agreement to be given to either party shall be deemed to have been received when #12..
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14 City of Modesto
2024 Sport Court Lighting Project
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: Fluoresco Services, LLC
Attn: Brian Kuhnau, President
4048 E Superior Avenue
Phoenix, AZ 85040

City: City of Modesto
Director of Engineering Services
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5215, Fax (209) 577-4302

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

13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.

14. MISCELLANEOUS. Time is of the essence of this Agreement. #12..
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15 City of Modesto
2024 Sport Court Lighting Project
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024-________ adopted by the Council of the City of Modesto on the ____ day of ___________, 2024, and Contractor has caused this Agreement to be duly executed.

CITY OF MODESTO, FLUORESCO SERVICES, LLC,
A California municipal corporation A LLC C corporation

By _____________________________ By ________________________________ JOSEPH P. LOPEZ, City Manager Name Title

By ________________________________
Name Title
Federal ID #__________________
ATTEST:
(Seal)
By
DIANE NAYARES-PEREZ, CMC, City Clerk
APPROVED AS TO FORM:

By ________________________________
JOSE M. SANCHEZ, City Attorney

APPROVED AS TO FORM:

By _____________________________________
MATTHEW BRALEY, Risk Manager

Revised 4/25/2022
* 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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PROJECT:
1 Chapter 10, Title 2 of the Modesto Municipal Code requires all entities entering into contracts with the City of Modesto to disclose every individual who has a material financial interest in that entity as defined below. The apparent low bidder will be required to list below (and on additional sheets as necessary) all persons having a financial interest in the entity submitting the bid. The apparent low bidder shall submit this form no later than close of business on the 5th business day following receipt of the Notice of Intent to Award. Failure or refusal to submit the required information within the time required shall be grounds for declaring the bid non-responsive.

Tests of Materiality:

BUSINESS NAME APPLICANT SIGNATURE
Names: (See attached list)

FINANCIAL INTEREST DISCLOSURE FORM
2024 SPORT COURT LIGHTING PROJECT
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Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

Attach additional sheets as necessary.

DIRECTOR OF ENGINEERING
PROJECT: 2024 SPORT COURT LIGHTINGPROJECT
2 BUSINESS NAME:

NAMES
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Page 1 of 3 ends

Bid Tabulation Monday, August 5, 2024
Project Title: 2024 Sport Court Lighting Project
Project ID #: 2024-013
Vault ID #: 19-D-0391
Account #: 101517
Bid Opening: 7/23/2024 at 11:00 AM
Basis of Award: By Blind Bid Designer: Pezzoni Engineering Design Manager: Nathan Houx
Project Description: Renovation of existing sport courts lighting systems at Davis, Beyer, Downey, Roosevelt, and East La Loma Park in the City of Modesto’s park system.

Item # Item Description Units Quantity Unit Price Extension Low Bidder
Fluoresco Services, LLC.
(602) 470-1313 4048 E Superior Avenue, Phoenix, AZ 85040 Base Bid
1 Davis Park Sport Court Lighting LS 1 $64,000.00 $64,000.00 Subtotal: $64,000.00
Bid Alternate 1
101 Beyer Park Sports Court Lighting LS 1 $39,500.00 $39,500.00 Subtotal: $39,500.00
Total: $103,500.00
Percent From Engineer's Estimate: -26.07%
Railroad Signal Specialists, Inc.
(415) 408-3844 1485 Bayshore Blvd., Box 144, San Francisco, CA 94124 Base Bid
1 Davis Park Sport Court Lighting LS 1 $75,000.00 $75,000.00 Subtotal: $75,000.00
Bid Alternate 1
101 Beyer Park Sports Court Lighting LS 1 $65,000.00 $65,000.00 Subtotal: $65,000.00
Total: $140,000.00
Percent From Engineer's Estimate: 0.00%
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Page 2 of 3 ends

Modesto Executive Electric, Inc.
(209) 328-9898 446 Charity Way, #1, Modesto, CA 95356
Base Bid
1 Davis Park Sport Court Lighting LS 1 $82,000.00 $82,000.00 Subtotal: $82,000.00
Bid Alternate 1
101 Beyer Park Sports Court Lighting LS 1 $68,000.00 $68,000.00 Subtotal: $68,000.00
Total: $150,000.00
Percent From Engineer's Estimate: 7.14%
Industrial AG Solutions LLC. DBA IAS Electric
(209) 609-9130 P.O. Box 142, Linden, CA 95236
Base Bid
1 Davis Park Sport Court Lighting LS 1 $89,600.00 $89,600.00 Subtotal: $89,600.00
Bid Alternate 1
101 Beyer Park Sports Court Lighting LS 1 $62,500.00 $62,500.00 Subtotal: $62,500.00
Total: $152,100.00
Percent From Engineer's Estimate: 8.64%
Tennyson Electric LLC
(925) 606-1038 7275 National Drive, Suite A2, Livermore CA 94550 Base Bid
1 Davis Park Sport Court Lighting LS 1 $88,650.00 $88,650.00 Subtotal: $88,650.00
Bid Alternate 1
101 Beyer Park Sports Court Lighting LS 1 $64,250.00 $64,250.00 Subtotal: $64,250.00
Total: $152,900.00
Percent From Engineer's Estimate: 9.21%
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Page 3 of 3 ends

Engineer's Estimate
Base Bid
1 Davis Park Sport Court Lighting LS 1 $75,000.00 $75,000.00 Subtotal: $75,000.00
Bid Alternate 1
101 Beyer Park Sports Court Lighting LS 1 $65,000.00 $65,000.00 Subtotal: $65,000.00
Total: $140,000.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 27, 2024
Date: August 13, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, CPRE, Director of Parks, Recreation and Neighborhoods SUBJECT: Modesto Forward Grant Agreement with the Graffiti USA Classic Car Museum CONTACT: Diane Sheatsley, Administrative Analyst II, [email protected], 209-577-5418
DESCRIPTION:

Consider approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Graffiti USA Classic Car Museum, a non-profit Corporation, for $350,000 in American Rescue Plan Act Funding. (Funding Source: American Rescue Plan Act)
STRATEGIC PLAN ELEMENT:

This item supports each of the initiatives in the City’s 2020-2025 Strategic Plan.

BACKGROUND:

In April 2021, President Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion emergency relief measure intended to provide relief to address the impact of COVID-19.

Key allocations from the American Rescue Plan that have been made available directly from the federal government for the community included direct support for businesses, homeowners, renters, and restaurant/bar owners.

This legislation made a historic investment into local governments that included making $45,897,056 available to the City of Modesto to help address the local impact of COVID-19. The $45.89 million is being made available by the U.S Treasury directly to the City in two tranches:
50 percent was made available in May 2021, and the remaining 50 percent was received on June 6, 2022. The deadline to obligate funds is December 31, 2024, and the deadline to expend the funds is December 31, 2026.

The Modesto Forward strategy was approved by Resolution 2021-194 on May 25, 2021, and it included various allocations of funding, which are attached to this item identified as the Year 1 strategy. Further, under Resolution 2022-237 on July 12, 2022, the Year 2 expenditure plan was approved based on soliciting priorities from the public and the Council at the three standing City Council Committees: Economic Development, Safety and Communities, and Finance. Staff identified this plan by soliciting a 10-question survey intended to gauge the priority areas of the #13..
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City Council, August 27, 2024
Modesto Forward Grant Agreement with
Graffiti USA Classic Car Museum

Page 2 of 3 ends

community and received approximately 700 responses to the survey. With the passing of Measure H and new grant funding sources, Council approved under Resolution 2023-251, several ARPA programs to be reallocated to new or existing ARPA programs based on these new funding sources available for these programs.

As the Treasury obligation deadline of December 31, 2024, is closely approaching, City staff determined several ARPA programs would not be unable to meet the obligation deadline or new funding sources have been identified to fund these programs. As a result, staff recommended the reallocation of this funding for other eligible ARPA programs and funding contributions, including a $350,000 contribution to the Graffiti USA Classic Car Museum. On June 4, 2024, by Resolution No. 2024-194, Council approved the reallocation of $350,000 in ARPA funding to the Graffiti USA Classic Car Museum (Recipient).

DISCUSSION:

The Graffiti USA Classic Car Museum, a non-profit corporation, is a historic museum that is designed to nurture a sense of community, shared history and cultural value. It will provide quality-of-life opportunities to the community as well as stimulate economic vitality by attracting tourists, drive creative industry with mural and exhibit compositions, and serve as a unique event space.

In 2022, by Resolution No. 2022-104, Council awarded an allocation of $500,000 towards the remodel and retrofit of its building, specifically the required fire suppression system, insulation and restrooms. The Recipient has exhausted nearly all of this funding and is in good standing with all reporting and agreement requirements. Earlier this year, the Recipient requested an additional $350,000 for the ongoing construction, specifically for materials and construction related to the completion of its electrical infrastructure and exterior architectural features so they can fast track the opening of the California Welcome Center and the museum lobby space. The Recipient continues to raise private funds to help finance full completion of the Phase I construction.

Phase I
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City Council, August 27, 2024
Modesto Forward Grant Agreement with
Graffiti USA Classic Car Museum

Page 3 of 3 ends

Phase I – East Side Building Construction (ARPA funded portion of Phase I) The provision of the additional $350,000 in ARPA funds will assist the Graffiti USA Classic Car Museum in staying on schedule and help accelerate more private donations from donors.

FISCAL IMPACT:

Finance will process any budget adjustments necessary to remit the $350,000 payment to the Graffiti USA Classic Car Museum. The organization is required to expend funding on or before December 31, 2026 in compliance with the terms and conditions of the Grant Agreement.

COMMITTEE RECOMMENDATION:

This item was considered on April 17, 2024 by the Finance Committee at the FY 2024-2025 Budget Hearings. The allocation of ARPA funding for the Graffiti USA Classic Car Museum was approved by Council on June 4, 2024 by Resolution No. 2024-294.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Graffiti USA Classic Car Museum for $350,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement
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08/27/2024/PRND/ROGERS 1 2024-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2024

RESOLUTION APPROVING THE CITY OF MODESTO PANDEMIC
RECOVERY STRATEGY – MODESTO FORWARD GRANT AGREEMENT

BETWEEN THE CITY OF MODESTO AND THE GRAFFITI USA CLASSIC CAR MUSEUM FOR $350,000 IN AMERICAN RESCUE PLAN ACT FUNDING,

AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, in April 2021, President Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion emergency relief measure intended to provide relieve from the impact of COVID-19; and
WHEREAS, the legislation made a historic investment into local governments, include $45,894,056 to the City of Modesto to address the local impact of COVID-19; and
WHEREAS, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward (Modesto Forward), a comprehensive spending plan designed to support the local recovery from the pandemic; and WHEREAS, the spending plan included a $500,000 allocation to the Graffiti USA Classic Car Museum, in the City’s Year 1 spending plan; and WHEREAS, by Resolution No. 2022-104, Council awarded $500,000 to the Graffiti USA Classic Car Museum; and
WHEREAS, by Resolution No. 2024-294, Council approve the reallocation of APRA funding to new or existing ARPA programs, including $350,000 in funding to the Graffiti USA Classic Car Museum (“Recipient”); and
WHEREAS, the Recipient is in good standing and will utilize the ARPA funding to continue working on its Phase I construction of the museum, specifically for the #13..
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08/27/2024/PRND/ROGERS 2 2024-?
materials and construction of its electrical infrastructure and exterior architectural features; and
WHEREAS, all funds must be obligated by December 31, 2024 and expended by December 31, 2026; and
WHEREAS, the Finance Department will process any budget adjustments necessary to remit the $350,000 payment to the Recipient.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the City of Modesto Pandemic Recovery Strategy – Modesto Forward – Grant Agreement between the City of Modesto and Graffiti USA Classic Car Museum, a California non-profit corporation, in an amount not to exceed $350,000 in ARPA funds.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Agreement, approved as to form by the City Attorney. #13..
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08/27/2024/PRND/ROGERS 3 2024-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of August, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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Funding Contribution Agreement –$350,000

CITY OF MODESTO PANDEMIC RECOVERY STRATEGY - MODESTO FORWARD

GRANT AGREEMENT
This Modesto Forward Grant Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ____ day of ____________ 20__ (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Graffiti USA Classic Car Museum, a California 501c(3) non-profit organization (“Recipient”). The City and the Graffiti USA Classic Car Museum shall be collectively referred to hereinafter as the “Parties”.

This Agreement is made with regard to the following recitals:

WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and WHEREAS, in alignment with the City’s 5-Year Strategic Plan, Modesto Forward includes three post pandemic funding initiatives to help the community exit the pandemic period and focused on Economic Vitality, Governance and Service Delivery, and Quality of Life; and WHEREAS, Economic Vitality initiatives are intended to improve the economic vitality of the community; Governance and Service Delivery initiatives are intended to improve the organization and service delivery for residents; and Quality of Life initiatives are intended to improve the quality of life for residents; and
WHEREAS, Modesto Forward includes a comprehensive spending plan, which may include ARPA funding, to programs supporting the post pandemic initiatives; and WHEREAS, on June 4, 2024, the City Council adopted Resolution No 2024-194, awarding a grant of Three Hundred and Fifty Thousand Dollars ($350,000) to Recipient for the purposes set out in Exhibit A, subject to the terms and conditions set out in this agreement.

NOW THEREFORE, the City and Recipient agree as follows:

1. Term
The term of this Agreement (the “Term”) shall commence upon the effective date and shall terminate upon the Recipient’s completion of all requirements of this Agreement.

2. Grant Award
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Funding Contribution Agreement –$350,000
A. The City shall provide Recipient with a grant of Three Hundred and Fifty Thousand Dollars ($350,000) (the “Grant”) for the purposes and activities further specified in Exhibit A, attached hereto and incorporated by reference (the “Activities”).

Disbursement of the Grant is dependent upon Recipient providing all records and documentation reasonably required by the City.

B. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A.

Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City.

C. The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries, if any, of the Activities shall be the residents of the City of Modesto or persons visiting or temporarily in Modesto.

D. Recipient shall expend the entirety of the Grant by no later than December 31, 2026.

Any portion of the Grant that has not been expended by December31, 2026 shall be returned to the City no later than January 10, 2027.

3. Recipient’s Obligations
A. Throughout the Term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business.

The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to perform the Activities specified by this Agreement. Recipient shall perform the Activities requires pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Recipient is engaged.

B. The Recipient shall provide appropriate acknowledgement of the Grant by using the City’s logo or making a written acknowledgement in its publicity, promotional materials, information materials, press materials, at public occasions relating to the Activities, and on any website maintained by the Recipient.

4. Department of Treasury Reporting Requirements
Recipient shall comply with the Department of the Treasury’s “Compliance and Reporting Guidance – State and Local Fiscal Recovery Funds” and submit reports to the City as scheduled and identified in Exhibit B, attached hereto and incorporated herein by reference, unless waived by the City’s Finance Director in writing.

5. Annual Reporting Requirements
Recipient shall submit an annual report to the City within 180 days of the end of the Recipient’s fiscal year. The annual report shall be in addition to the reporting required by Section 4, and shall include:
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Funding Contribution Agreement –$350,000
A. Summary of activities and accomplishments, mandate and/or mission of the organization;
B. List of Board Directors with title, contact information and mandate term of each Director;
C. Organizational Chart;
D. Project/Program Expenditures-to-date (including receipts) ; E. Any other information reasonably requested by the City.

6. Audit Requirements
A. In addition to all other reports and records required by this Agreement, the Recipient shall keep and make available proper books of account and records of the financial management of the Grant provided under this agreement, in accordance with generally accepted business and accounting practices. Such records shall include, but not be limited to, records providing a full description and accounting of each activity undertaken.

B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.

C. Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project.

Recipient shall allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine.

7. Preservation of Assets
Any assets purchased with the Grant, the cost of which exceed $5,000, shall be preserved by the Recipient and shall not be sold, leased, given away or otherwise disposed of prior to the end of the useful life of the asset without prior written consent of the City .

8. Termination, Suspension and/or Repayment of Grant
The City may terminate, suspend and/or require repayment of the Grant in the event of any of the following circumstances, after notice from the City and a reasonable opportunity to cure:

A. The Recipient fails to provide the Activities, or any portion of the Activities, described in Exhibit A of this Agreement or substandard performance of the Activities;
B. The Recipient suspends or fails to carry on and continuously conduct its operations, or there is a disruption on the performance of the Activities; C. The Recipient has a partisan political affiliation and/or participates in partisan political activities.

D. The Recipient uses the Grant for a purpose or activity other than those specified in Exhibit A.
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Funding Contribution Agreement –$350,000
E. The Recipient becomes bankrupt or insolvent, goes into receivership or becomes subject to the provisions of any bankruptcy, insolvency, or any other Act for the benefit of creditors, or makes a general assignment for the benefit of its creditors or otherwise acknowledges its insolvency;
F. The Recipient fails to provide to the City with any report, record, or documentation required by this Agreement, or t fails to provide any documentation requested by the City in accordance with the terms of this agreement;
G. The Recipient has made any material misrepresentation to the City or its representatives with respect to any of the matters contained herein and/or in the Recipient’s funding submission/proposal/application for the Grant, or which have been made or may be made in the future surrounding these matters; H. The Recipient breaches any term of this Agreement, after notice from the City and a reasonable opportunity to cure the breach;

9. Compliance with Applicable Laws
Recipient shall carry out, and cause its contractors, consultants, employees and agents to carry out, the Activities, in compliance all applicable federal, state and local laws, rules, ordinances and regulations, including without limitation and to the extent applicable, the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations and state prevailing wages pursuant to Labor Code Section 1770 et seq.

10. Non-Assignment
The Recipient shall not assign this Agreement, the Grant, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Grant to City by the Recipient.

11. Indemnity and Liability
A. The Recipient shall indemnify , defend with counsel acceptable to City, and hold harmless the City, its officials, officers, employees, and agents (“Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which, directly or indirectly, arises out of or relates to this Agreement or the performance of the Activities, except to the extent the Claims arise from the gross negligence or willful misconduct of City.

B. The City shall not be liable to the Recipient or any other party in relation to the Grant and/or the services provided by the Recipient pursuant to the terms of this agreement. The Recipient shall be solely responsible for the payment of any individuals employed, engaged or retained by the Recipient for the purpose of assisting it in the fulfilment of its obligations under this agreement. #13..
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Funding Contribution Agreement –$350,000

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

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.

The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage . This insurance shall cover any automobile for bodily injury and property damage.

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 Recipient shall promptly obtain a new policy, submit the same to the Risk Manager for #13..
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Funding Contribution Agreement –$350,000
approval and submit a certificate thereof as hereinabove provided. Upon failure of the Recipient 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 Recipient to obtain and/or maintain any required insurance shall not relieve the Recipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Recipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by The Recipient for the City. The Recipient's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

13. Non-Discrimination
Recipient shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Recipient under this Agreement. Recipient shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Recipient, including but not limited to the satisfaction of any positive obligations required of Recipient thereby.
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Funding Contribution Agreement –$350,000

14. NOTIFICATION
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either Party during the term of this Agreement, which Recipient or City shall be required or may desire to make shall be in writing and may be personally served or, alternately, sent by prepaid first class mail to the respective Parties as follows:

To City:

City of Modesto
Attn: Director of Parks, Recreation & Neighborhoods
1010 10th Street
P.O. Box 642
Modesto, CA 95353
To Recipient:

Graffiti USA Classic Car Museum
Attn: Cecil Russel, Executive Director
601 N. Ninth Street
Modesto, CA 95354

15. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

16. DISPUTE RESOLUTION
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and #13..
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legally sufficient, arbitrable claim is filed by the Recipient with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by The Recipient so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the Recipient to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to the Recipient. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and the Recipient shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

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

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

The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

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

The Recipient shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and The Recipient involving the work of the subcontractor to be joined. The Recipient’s failure to do so shall be a breach of this Agreement.
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The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

17. INDEPENDENT PARTIES
Nothing in this Agreement is intended to or shall establish the Parties as partners, coventurers, or principal and agent with one another. At all times during the term of this Agreement, Recipient and City shall be independent parties, and Recipient shall not be an employee of the City. Except as Recipient may specify in writing, Recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. At all times during the term of this Agreement, Recipient and

18. ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, represents the entire and integrated agreement between City and Recipient ant and supersedes all prior negotiations, representations, or agreements, either written or oral. No amendment of any of the terms or provisions of the Agreement shall be deemed valid unless it is in writing and signed by both Parties.

19. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.

B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.

C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
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E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding chose of law rules.

F. Construction of Agreement. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all of the Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.

G. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The persons executing this Agreement on behalf of Parties have been duly authorized to do so.

IN WITNESS WHEREOF, the Parties have executed this MODESTO FORWARD GRANT AGREEMENT as of the effective date set forth above.
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EXHIBIT B
U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS

1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), U.S.

Department of Treasury’s (“Treasury”) regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.

2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2026.

3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.

4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.

5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.

6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.

7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to #13..
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Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

10. Remedial Actions. In the event of Recipient’s noncompliance with section 602 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.

11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

13. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRP2096 awarded to County of Stanislaus by the U.S. Department of the Treasury.”

14. Debts Owed the Federal Government.
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a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.

16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
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vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.

The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.

The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP).

Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, #13..
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Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.

5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal 6 6. 7. 8. 9.

10. financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English #13..
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proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency’s or court’s findings of noncompliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of subrecipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
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EXHIBIT C

ANNUAL REPORTING REQUIREMENTS
Recipient shall use Exhibit C to provide an annual performance report.

The initial report will cover the period from the date the contract was executed to the following June 30, and will be due to the City within 15 days after the end of the reporting period. Thereafter, the report will cover a 12-month period and contractors will be required to submit the report to City within 15 days after the end of the 12-month period (by July 15).

Notes on using this template
All contractors that are recipients of State and Local Fiscal Recovery Funds (SLFRF) awards are required to produce an Annual Report. The Annual Report provides information on the contractor’s project and how they plan to ensure program outcomes are achieved in an effective and equitable manner.

The initial Annual Report will cover the period from the date of award to the following June 30 and must be submitted to Recipient within 15 calendar days after the end of the reporting period. Thereafter, the Annual Report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 calendar days after the end of the 12-month period (by July 15).

Annual Report Period Covered Due Date
1 Award – June 30, 2022 July 15, 2022
2 July 1, 2022 – June 30, 2023 July 15, 2023
3 July 1, 2023 – June 30, 2024 July 15, 2024
4 July 1, 2024 – June 30, 2025 July 15, 2025
5 July 1, 2025 – June 30, 2026 July 15, 2026
6 July 1, 2026 – December 31, 2026 January 15, 2027
Instructions:

Contractors should consult the SLFRF Guidance on Recipient Compliance and Reporting Responsibilities (Reporting Guidance) located at https://home.treasury.gov/system/files/136/SLFRF-Compliance-andReporting-Guidance.pdf for detailed guidance on the submission of this report or contact county staff for assistance with completing this exhibit.

Recipient recommends the use of infographics, tables, charts, pictures, case studies, and other explanatory elements in describing their programs.

Text in italics represents the requirements from the Reporting Guidance and is meant to serve as a reference as contractors prepare their Annual Report. This instructions page and the text in italics should be removed before the final transmitted report is published and submitted to Recipient. #13..
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RECIPIENT
202X Annual Report

GENERAL OVERVIEW
Uses of Funds
Describe in further detail contractor’s intended and actual uses of the funds, such as how contractor’s approach would help support a strong and equitable recovery from the COVID-19 pandemic and economic downturn. Describe any strategies employed to maximize programmatic impact and effective, efficient, and equitable outcomes. Given the broad eligible uses of funds and the specific needs of the jurisdiction, explain how the funds would support the communities, populations, or individuals in the County. Address how you are promoting each of the following Expenditure Categories, to the extent they apply:
a. Evaluation and Data Analysis
Promoting equitable outcomes
If applicable, describe how contractor’s planned or current use of funds prioritizes economic and racial equity as a goal, names specific targets intended to produce meaningful equity results at scale, and articulates the strategies to achieve those targets. Explain how contractor’s overall equity strategy translates into the specific services or programs offered by Contractor in the following Expenditure Categories:
a. Negative Economic Impacts (EC 2): assistance to households, small businesses, and nonprofits to address impacts of the pandemic, which have been most severe among low-income populations. This includes assistance with food, housing, and other needs; employment programs for people with barriers to employment who faced negative economic impacts from the pandemic (such as residents of low-income neighborhoods, minorities, disconnected youth, the unemployed, formerly incarcerated people, veterans, and people with disabilities); and other strategies that provide disadvantaged groups with access to education, jobs, and opportunity.
b. Services to Disproportionately Impacted Communities (EC 3): services to address health disparities and the social determinants of health, build stronger neighborhoods and communities (e.g., affordable housing), address educational disparities (e.g., evidence-based tutoring, community schools, and academic, social-emotional, and mental health supports for high poverty schools), and promote healthy childhood environments (e.g., home visiting, child care).

If applicable, describe contractor’s efforts to date and intended outcomes to promote equity using qualitative and quantitative data on how the jurisdiction’s approach achieved or promoted equitable outcomes or progressed against equity goals. Describe any constraints or challenges that impacted project success in terms of increasing equity.

Describe the geographic and demographic distribution of funding, including whether it is targeted #13..
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toward traditionally marginalized communities.

Community Engagement
Describe how contractor’s planned or current use of funds incorporates written, oral, and other forms of input that capture diverse feedback from constituents, community-based organizations, and the communities themselves. Where relevant, this description must include how funds will build the capacity of community organizations to serve people with significant barriers to services, including people of color, people with low incomes, limited English proficiency populations, and other traditionally underserved groups.
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EXHIBIT D

QUARTERLY PROJECT AND EXPENDITURE REPORT REQUIREMENTS
Contractor shall use Exhibit D to provide a quarterly project and expenditure report.

The initial report will cover the period from the date the contract was executed through the end of the quarter, and will be due to the City within 15 days after the end of the reporting period. Thereafter, the report will cover one quarter and contractors will be required to submit the report to Recipient within 15 days after the end of the quarter.

ARPA QUARTERLY PROJECT AND EXPENDITURE REPORT
Reporting on State and Local Fiscal Recovery Funds (SLFRF) Name of Entity: Project Name:

Reporting Period Start Date: Reporting Period End Date:

Expenditure Category:
[PLEASE SELECT ONE]
Please provide a brief description of the activities conducted:

Category Cumulative
Expenditures to
date ($)
Cumulative
Obligations to
date ($)
Current Period
Expenditures
Current Period
Obligations
[PLEASE SELECT ONE]

PROJECT

EXPENDITURES

PROJECT STATUS
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 27, 2024
Date: August 07, 2024
TO: Mayor and City Council
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 approving an 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. (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 Parks Recreation and Neighborhoods (PRN) Citywide landscaping services Agreement with Grover Landscape Services, Inc. (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 stations, stormwater basins, and the treatment facilities as described in Exhibit C, encompasses a much broader set of requirements than the PRN Citywide On-Call Vegetation Management Services. #14..
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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) #14..
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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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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
COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee on August 05, 2024, where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Bid and Agreement for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services to Grover Landscape Service, 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 authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement

3. Cost Abstract

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

5. 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 charges split 50/50 to CED – Village One CFD Annexation, Formation, and Annual Maintenance (3200-14702-53165) and CED – Village One #2 CFD Annexation, Formation, and Annual Maintenace (3290-14719-53165), Northpointe Basin charged to CED – Northpointe CFD Annexation, Formation, and Annual Maintenance (3265-14735-53165), Coffee/Claratina and Grecian charged to CED – Coffee/Claratina CFD Annexation, Formation, and Annual Maintenance (3275-14738-53165).
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR

THE LANDSCAPE MAINTENANCE, WEED ABATEMENT, TRASH

REMOVAL, AND RODENT CONTROL SERVICES 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 TOTAL AMOUNT NOT TO EXCEED $1,030,347 OVER FIVE YEARS; AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto Utilities Department, Wastewater Division, is responsible for maintaining the sewer and storm lift station, stormwater basins, and Regional Water Recycling Facilities: Sutter and Jennings Campus; and WHEREAS, these properties require regular 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; and
WHEREAS, the City currently has an active PRN Citywide Agreement with Grover Landscape Services, Inc. (Grover) as an On-Call Vegetation Management Agreement for landscaping services on an as needed basis. However, the Scope of Work necessary to maintain the Wastewater Division’s sewer and storm lift stations, stormwater basins, and treatment facilities encompasses a much broader set of requirements to be performed on a regular basis; and
WHEREAS, 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 maintenance on the City’s various Sewer and Storm related sites, a new agreement is necessary; and
WHEREAS, on December 5, 2023, the City Manager authorized the Purchasing #14..
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8/27/2024/Utilities/JDaniels/Item # 2 2024-XXX
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. Prospective bidders were notified online and via email of the bid opportunity. Thirty-three (33) companies downloaded the IFB documents from PlanetBids; and
WHEREAS, 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; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. 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.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the award of bid and agreement for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control services to Grover Landscape #14..
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8/27/2024/Utilities/JDaniels/Item # 3 2024-XXX
Services, Inc., Modesto, CA, for two (2) year agreement with three (3) one-year extension options, for an annual estimated amount of $187,000 and total amount not to exceed $1,030,347 over five years.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of August, 2024, by ________________________, who moved its adoption, which motion being duly seconded by ____________________ was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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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 #14..
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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 #14..
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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. #14..
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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 #14..
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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 #14..
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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 #14..
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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 #14..
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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 #14..
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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 #14..
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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. #14..
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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. #14..
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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. #14..
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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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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 #14..
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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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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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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 #14..
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ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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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AND RODENT CONTROL SERVICES
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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ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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.

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. #14..
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AND RODENT CONTROL SERVICES
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 #14..
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AND RODENT CONTROL SERVICES
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 #14..
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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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AND RODENT CONTROL SERVICES
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 #14..
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AND RODENT CONTROL SERVICES
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. #14..
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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. #14..
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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- #14..
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
17 patented invention, article or appliance furnished or used in connection with the contract or purchase order.

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

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

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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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ABATEMENT, TRASH REMOVAL,

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

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

Title:

Phone (Office):

Phone (Mobile):

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

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

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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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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.

LANDSCAPE MAINTENANCE, WEED ABATEMENT, AND TRASH REMOVAL SERVICES

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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INVITATION FOR BIDS # 2324-61

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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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.
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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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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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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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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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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 #14..
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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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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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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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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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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. #14..
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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 #14..
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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. #14..
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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:
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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. #14..
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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. #14..
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ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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. #14..
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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 #14..
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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. #14..
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
53 ATTACHMENT B

LOCATION MAPPING IMAGES

SEWER LIFT STATIONS
Emerald Lift
Station
Hahn Sewer Lift
Station
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
54 Orangeburg
Park Sewer Lift
Station
Rose/Celeste
Sewer Lift
Station
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INVITATION FOR BIDS # 2324-61

LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
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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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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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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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
59 Allan Dale
(Utility
Easement)
Alma Ave
(Utility
Easement)
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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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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
62 Central Basin
Storm Basin
Coffee/Claratina
Storm Basin
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
63 Cummins Drive
Storm Basin
Fairview Basin
Storm Basin
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
64 Grecian Basin
Storm Basin
Jim Way Storm
Basin
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
65 Johansen Storm
Basin
Naraghi Storm
Basin
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
66 North Pointe
Storm Basin
Orchard Park
Storm Basin
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LANDSCAPE MAINTENANCE, WEED

ABATEMENT, TRASH REMOVAL,

AND RODENT CONTROL SERVICES
67 Orchard Basin
Alley
Pecos Storm
Basin
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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. #14..
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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 #14..
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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 #14..
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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 #14..
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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.

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.

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 #14..
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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 #14..
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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

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 27, 2024
Date: July 31, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Generator Repair and Preventive Maintenance Agreements CONTACT: Manuel Martinez, Acting Water Division Manager, [email protected], 209-342-4592
DESCRIPTION:

Consider approving 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. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The 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.

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. #15..
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City Council, August 27, 2024
Generator Repair and Preventive Maintenance Agreement

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Modesto City CouncilAugust 27, 2024

Modesto City Council
August 27, 2024