Agenda packet — Modesto City Council, August 27, 2024 (part 3 of 4)

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

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

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

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

DISCUSSION:

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

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

On April 23, 2024, bids were formally opened in the City Clerk office and broadcast via Microsoft Teams Livestream. Two (2) companies chose to respond, and no local bids were received. Based on providing the lowest responsive and responsible bid, City staff recommends awarding the Generator Repair and Preventative Maintenance Service Agreements to Bay City as Primary and PowerGen Inc. of Tracy CA (“PowerGen”) as Secondary for a two (2) year agreement with three (3) one-year extension options, for a total amount not to exceed $1,214,800 over five years. Staff is requesting to give the Director of Finance the approval to adjust agreement totals between vendors based on availability and department needs.

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

The operation of Wastewater generators is essential to maintaining operations in the event a generator fails and emergency rental services are required, and $250,000 from the Wastewater Fund will be allocated for emergency rental purposes only.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. An award of bid and Agreements for Generator Repair and Preventative Maintenance Service for citywide use to Bay City and PowerGen conforms to the Modesto Municipal Code because the 1 69000 Power Generation Equipment, and Supplies
91438 Electrical
93600 Equipment Maintenance and Repair Services for General Equipment 93625 Electrical Equipment (except Cable and Wires, and Lighting Fixtures) Maintenance and Repair 94100 Equipment Maint., Repair, and Related Services or Power Generation and Transmission Equip. #15..
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City Council, August 27, 2024
Generator Repair and Preventive Maintenance Agreement

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City complied with formal bid procedures, and Bay City and PowerGen were the lowest responsive and responsible bidders.

FISCAL IMPACT:

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

Contract Year Dates Expended
CY1 (2017-18) 05/09/17 - 05/09/18 $30,418
CY2 (2018-19) 05/09/18 - 05/09/19 $46,693
CY3 (2019-20) 05/09/19 - 05/09/20 $32,037
CY4 (2020-21) 05/09/20 - 05/09/21 $19,128
CY5 (2021-22) 05/09/21 - 05/09/22 $14,571
Extension 1 05/10/22 - 11/10/22 $28,320
Extension 2 11/11/22 - 11/10/23 $333,570
Extension 3 11/11/23 - 05/10/24 $85,881
Extension 4 05/11/24 - 08/31/24 $0
Grand Total: $590,618
The table below shows the projected combined spending for both vendors, with the first two years fixed and a 5% increase annually in years three through five as well as $250,000 in emergency rentals:

Agreement Year Combined Total
Year 1, 9/1/24 – 8/31/25 $181,300
Year 2, 9/1/25 – 8/31/26 $181,300
Year 3, 9/1/26 – 8/31/27 $190,600
Year 4, 9/1/27 – 8/31/28 $200,500
Year 5, 9/1/28 – 8/31/29 $211,100
Emergency Rentals $250,000
Total Not To Exceed $1,214,800
Estimated expenditures are budgeted in the following department funds:
 Utilities: Sewer Operations (4210-44313), Storm Drain (4480-44311), Water (4100-45050)  Public Works: Fleet Operations (5400-53243)
 General Fund (0100): Police (19490), Fire (18610 and 18212)  Miscellaneous Funds as needed
Estimated Spending Projected Expenditures
DEPT - Fund Year 1 Year 2 Year 3 Year 4 Year 5 Total
UTIL - Sewer Operations $60,000 $60,000 $63,000 $66,200 $69,600 $318,800 UTIL - Storm Drain $20,000 $20,000 $21,000 $22,100 $23,300 $106,400 UTIL - Water $55,000 $55,000 $57,800 $60,700 $63,800 $292,300 Gen Fund - MPD $11,000 $11,000 $11,600 $12,200 $12,900 $58,700 Gen Fund - MFD $19,000 $19,000 $20,000 $21,000 $22,100 $101,100 Gen Fund - Oakdale Fire $2,300 $2,300 $2,500 $2,700 $2,900 $12,700 #15..
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City Council, August 27, 2024
Generator Repair and Preventive Maintenance Agreement

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PW - Fleet $4,000 $4,000 $4,200 $4,500 $4,800 $21,500
Misc. Divisions $ 10,000 $10,000 $10,500 $11,100 $11,700 $53,300 UTIL – Sewer
Emergency Rentals
$ - $ - $ - $ - $ - $250,000
Grand Total $181,300 $181,300 $190,600 $200,500 $211,100 $1,214,800 * Fixed Rate Years 1-2; Annual 5% Increase Years 3-5
COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the August 5, 2024 meeting, where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the Award of Bid and Agreements for Generator Repair and Preventative Maintenance Service to Bay City Electric Works of Livermore, CA and PowerGen Inc., of Tracy, CA, for a two (2) year Agreement with three (3) one-year extension options, for a total amount not to exceed $1,214,800 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement – Bay City

3. Agreement – PowerGen

4. Exhibit B, Bid Submittal – Bay City

5. Exhibit B, Bid Submittal – PowerGen

6. Exhibit C – IFB No. 2122-46RB

7. Cost Abstract IFB No. 2122-46RB
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENTS FOR

GENERATOR REPAIR AND PREVENTATIVE MAINTENANCE SERVICE TO BAY CITY ELECTRIC WORKS OF LIVERMORE, CA AND POWERGEN INC., OF TRACY, CA FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONEYEAR EXTENSION OPTIONS, FOR A TOTAL AMOUNT NOT TO EXCEED $1,214,800 OVER FIVE YEARS; AND AUTHORIZING THE DIRECTOR OF

FINANCE TO ADJUST AGREEMENT TOTALS BETWEEN VENDORS BASED ON CONTRACTOR’S AVAILABILITY AND DEPARTMENT’S NEEDS,

ENSURING THE COMBINED TOTAL AMOUNT DOES NOT CHANGE AND

AUTHORZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE

AGREEMENTS
WHEREAS, the City of Modesto Utilities Department, Police Department and Public Works Department rely upon contractual agreements for repair and preventive maintenance of approximately sixty-eight (68) generators, although additional generators may be identified over the course of this service agreement, and WHEREAS, stationary generators provide emergency back-up power to various City facilities, allowing departments to continue operations during a power outage, and WHEREAS, portable generators provide power for special projects in remote areas, back-up power to smaller facilities and power for special City events, and WHEREAS, on January 10, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement for Generator Repair and Preventative Maintenance Services, and
WHEREAS, on March 13, 2024, the Purchasing Division issued Invitation for Bids (IFB) No.2122-46RB, Generator Repair and Preventative Maintenance Service, on the City’s PlanetBids public website under various commodity codes, and WHEREAS, on April 23, 2024, bids were formally opened in the City Clerk’s Office and broadcast via Microsoft Teams Livestream, and #15..
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2 WHEREAS, two (2) companies chose to respond, and no local bids were received, and
WHEREAS, based on providing the lowest and responsive and responsible bid, City staff recommends awarding the Generator Repair and Preventative Maintenance Service Agreements to Bay City Electric Works of Livermore, CA as Primary and PowerGen Inc. of Tracy, CA as Secondary, and
WHEREAS, to ensure continued service to the City, contracts may be awarded to more than one contractor to provide backup if the primary contractor is unable to meet the City’s needs, and
WHEREAS, a secondary contractor may be awarded a specific job if the primary contractor is unable to perform the service, unable to complete the specific job within the time frame required by the City, or unable to maintain acceptable quality standards required by the City, and
WHEREAS, the operation of Wastewater generators is essential to maintaining operations in the event a generator fails and emergency rental services are required, and $250,000 from the Wastewater fund will be allocated for emergency rental purposes only, 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 formal bid procedures. An award of bid and agreements for Generator Repair and Preventative Maintenance Service got citywide use to Bay City Electric Works and PowerGen Inc., conforms to the Modesto Municipal Code because the City complied with #15..
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3 formal bid procedures, and Bay City Electric Works and PowerGen Inc., were the lowest responsive and responsible bidders.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid and Agreements for Generator Repair and Preventative Maintenance Service to Bay City Electric Works of Livermore, CA and PowerGen Inc., of Tracy, CA for a two (2) year agreement with three (3) one-year extension options, for a total amount not to exceed $1,214,800 over five years, BE IT FURTHER RESOLVED, the Director of Finance is authorized to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Agreements 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 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)
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4 APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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ANNUAL AGREEMENT NO 275315

FOR GENERATOR REPAIR AND PREVENTATIVE MAINTENANCE SERVICES BAY CITY EQUIPMENT INDUSTRIES, INC. DBA BAY CITY ELECTRIC WORKS This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ______ day of _________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Bay City Equipment Industries, Inc. dba Bay City Electric Works, a California Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024- _______authorizing the Award of Bid and agreement for the Generator Repair and Preventative Maintenance Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and #15..
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WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Generator Repair and Preventative Maintenance SERVICE as described in IFB 2122-46RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and
insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $126,910. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $850,360. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Service Rates Cost Unit of
Measure
Hourly Rate – Regular Hours $180.00 Hour
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Hourly Rate – After Hours, Weekends and Holidays $270.00 Hour Mileage $2.75 Mile
Parts Mark Up 10% Percentage
Emergency Rental Services Cost Unit of
Measure
Emergency Rental - 50KW (Flat Fee to include all
associated costs) $2,253.00 Day
Emergency Rental - 250KW (Flat Fee to include all
associated costs) $2,901.00 Day
Emergency Rental - 500KW (Flat Fee to include all
associated costs) $3,551.30 Day
Emergency Rental - 750KW (Flat Fee to include all
associated costs) $4,676.00 Day
Emergency Rental - 1250KW (Flat Fee to include all
associated costs) $5,896.74 Day
Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Generator Technician $180 /HR N/A 0% $180 /HR
Electrician Foreman $180 /HR N/A 0% $180 /HR
Journey Electrician $180 /HR N/A 0% $180 /HR
Apprentice 2nd Year $180 /HR N/A 0% $180 /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

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

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. #15..
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In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit C are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: 527646

3. CITY REPRESENTATIVE:

CITY Representative:

Utilities – Water Division
Tony Benns, Utility Plant Operations Supervisor, (209) 342-4574, [email protected]
Utilities – Wastewater Division
Jennings Facility – Rogelio Munguia, Plant Maintenance Supervisor, (209) 857-0087, [email protected]
Sutter Facility and Lift Stations – Richard Christeson, Plant Maintenance Supervisor, (209) 652-4302, [email protected]
Modesto Police Department
Jeremy Dayton, Operations Supervisor, (209) 652-1067,
[email protected]
Modesto Fire Department
Kathryn Volkerts, AOA III, (209) 480-1449, [email protected] #15..
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Purchasing Contact:

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

4. CONTRACTOR REPRESENTATIVE:

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

5. TERM OF AGREEMENT:

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

Year 1: September 1, 2024 through August 31, 2025
Year 2: September 1, 2025 through August 31, 2026
Year 3: September 1, 2026 through August 31, 2027
Year 4: September 1, 2027 through August 31, 2028
Year 5: September 1, 2028 through August 31, 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT. #15..
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Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage. c. Workers' Compensation - in compliance with the statutes of the State of California, plus #15..
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employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

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

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

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. #15..
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7. PAYMENT:

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

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT 275315
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

8. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the #15..
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CITY, its agents, officials, officers, employees, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

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 law’s provisions or principles.

10. ATTORNEYS’ FEES:

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

11. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

12. TERMINATION OF SERVICES:

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by #15..
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any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. #15..
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The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials;
b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

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

14. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
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c. Recommend termination of AGREEMENT between said the
CONTRACTOR and the City of Modesto.

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

15. ASSIGNMENT OF RIGHTS:

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

16. CITY PROCESS/PROCEDURE APPROVALS:

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

17. DIR REGISTRATION:

Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by #15..
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Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

19. NOTICES:

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

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

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

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

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

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

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

24. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California #15..
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Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

25. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure #15..
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and maintain all necessary permits, necessary to perform the SERVICES.

26. RECORDS:

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

27. FACILITIES AND EQUIPMENT:

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

28. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, #15..
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pursuant to this AGREEMENT to bind City to any obligation whatsoever.

29. DRUG FREE WORKPLACE:

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

30. ASSIGNMENT:

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

31. WAIVER:

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

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

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

34. ENTIRE AGREEMENT:

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

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as #15..
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Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

35. PARTIAL INVALIDITY:

FOR GENERATOR REPAIR AND PREVENTATIVE MAINTENANCE SERVICES POWERGEN, INC.

This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ______ day of _________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and PowerGen Inc., a California Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024- _______authorizing the Award of Bid and agreement for the Generator Repair and Preventative Maintenance Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Generator Repair and Preventative Maintenance SERVICE as described in IFB 2122-46RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB). #15..
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NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and
insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $54,390. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $364,440. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Service Rates Cost Unit of
Measure
Hourly Rate – Regular Hours $230.00 Hour
Hourly Rate – After Hours, Weekends and Holidays $345.00 Hour Mileage $2.95 Mile
Parts Mark Up 10% Percentage
Emergency Rental Services Cost Unit of
Measure
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Emergency Rental - 50KW (Flat Fee to include all
associated costs) $780.00 Day
Emergency Rental - 250KW (Flat Fee to include all
associated costs) $2,066.00 Day
Emergency Rental - 500KW (Flat Fee to include all
associated costs) $3,536.00 Day
Emergency Rental - 750KW (Flat Fee to include all
associated costs) $4,595.00 Day
Emergency Rental - 1250KW (Flat Fee to include all
associated costs) $8,595.00 Day
Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
Generator Technician $43.57 /HR $12.30 /HR 0% $55.87 /HR Electrician Foreman $0.00 /HR $0.00 /HR 0% $0.00 /HR
Journey Electrician $0.00 /HR $0.00 /HR 0% $0.00 /HR
Apprentice 2nd Year $24.00 /HR $6.20 /HR 0% $30.20 /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

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

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit C are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department #15..
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and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: 527700

3. CITY REPRESENTATIVE:

CITY Representative:

Melvin Rosal, Buyer, (209) 577-5420, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method #15..
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of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR REPRESENTATIVE:

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

5. TERM OF AGREEMENT:

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

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

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall #15..
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provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage. c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the #15..
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CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

7. PAYMENT:

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

8. INDEMNITY:

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

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California #15..
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This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.

10. ATTORNEYS’ FEES:

11. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other #15..
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time as may be identified in the notice. Failure to correct any non-performance shall allow the nonbreaching party to terminate this AGREEMENT for cause.

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in #15..
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performing the SERVICES whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

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

The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials;
b. The AGREEMENT price allocable to the portion of the SERVICES #15..
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properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

14. FAILURE TO PERFORM SATISFACTORY WORK:

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.

15. ASSIGNMENT OF RIGHTS:

16. CITY PROCESS/PROCEDURE APPROVALS:

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

17. DIR REGISTRATION:

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

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage #15..
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or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

19. NOTICES:

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

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

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

20. SIGNATORY(IES) FOR CONTRACTOR:

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

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

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

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

25. CONTRACTOR LICENSES & PERMITS:

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

26. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this #15..
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AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

27. FACILITIES AND EQUIPMENT:

28. INDEPENDENT CONTRACTOR; NOT AGENT:

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

29. DRUG FREE WORKPLACE:

30. ASSIGNMENT:

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

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

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

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

34. ENTIRE AGREEMENT:

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

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

35. PARTIAL INVALIDITY:

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

GENERATOR REPAIR AND PREVENTATIVE MAINTENANCE SERVICE

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

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

GENERATOR REPAIR AND

PREVENTATIVE MAINTENANCE

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

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

1.3 REQUIRED LICENSES:................................................................................................................ 46 SAMPLE ANNUAL AGREEMENT - SERVICES................................................................................. 47 #15..
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3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of generator repair and preventative maintenance services (the “Services”) for the City of Modesto.

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

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

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

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. #15..
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4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2122-46RB

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

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

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

No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #15..
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5 CALENDAR OF EVENTS
Event Date
IFB Issued March 13, 2024
Bid Walk March 20, 2024
Written Questions Due via Email March 29, 2024
Addendum Issued (if required) April 3, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, April 23, 2024 Agreement Award Approximately May, 2024

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 an agreement it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

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

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6 entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void.

VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, April 23, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

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

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

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

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes.

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

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

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed:
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
• Bid Form I - Addenda Acknowledgement Page (if applicable) #15..
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8 • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

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

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

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements. • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that #15..
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9 best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

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

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

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

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

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 • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review. • The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest.

Notice of the Director of Finance's decision may be given by letter mailed through U.S.

Postal Service.

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

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

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
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12 b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision.

The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

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

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

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

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

City Clerk’s Office
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13 Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000:

A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

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

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

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

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be 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. #15..
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14 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 non-responsive.

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

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

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #15..
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15 BID FORM A – IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”). This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:

1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted.

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

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

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

The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. #15..
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17 Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

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

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

Title:

Phone (Office):

Phone (Mobile):

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

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

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

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

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

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

The payment of Prevailing Wages is required for this project.

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

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

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

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

Payment Terms:

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

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

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

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

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

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

Name of Bidder Signatory:

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

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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25 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

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

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

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

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

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

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

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

10.03(h) are satisfied.

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

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

Bidder Company Name:

Name of Bidder Signatory:

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

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

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

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

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

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

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

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

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

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

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

Insert Bidder Warranty Statement Beginning Here:
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32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

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

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein.

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

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

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

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

1. SCOPE OF WORK:

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

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

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

UTILITIES DEPARTMENT – WASTEWATER DIVISION - SUTTER:

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

UTILITIES DEPARTMENT – WASTEWATER DIVISION - JENNINGS:

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

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

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

MODESTO FIRE DEPARTMENT: Preventative maintenance shall be conducted on a biannual basis and a schedule will need to be put in place by the contractor and supplied to the Division Contact. #15..
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35 PUBLIC WORKS DEPARTMENT – FLEET SERVICES DIVISION: Fleet Services staff provide routine maintenance and repair services for a wide range of generators owned by various City Divisions. However, pricing for repairs, emergency repairs, and troubleshooting are being requested.

1.1 PREVENTATIVE MAINTENANCE (PM) SCOPE OF WORK:

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

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

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

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

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

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

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

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

1. Check engine oil level and coolant level.

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

3. Check battery water level and top as necessary.

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

5. Check oil pressure

6. Check fuel pressure

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

8. Check generated voltage

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

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

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

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

1. Ensure ATS equipment interior is clear of debris.

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

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

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

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

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

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

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

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

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

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

Contractor must not markup replacement parts more than 10%.

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

Contractor must provide an hourly rate sheet for repairs inclusive of 24-hour, 7 day a week emergency repairs. #15..
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41 1.2.1 SPECIFICATIONS:

UTILITIES DEPARTMENT – WATER DIVISION:

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

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

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

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

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

Site Address System KW BHP Generator
Make
Generator Model
/ Serial Number
Engine
Make
Engine Model /
Serial Number
1 Station 1 600 11th Street (Inside Shed) Modesto 30 40 Generac 815311 Generac 2236-1 2 Station 2 420 Chicago Ave (Back of Station) Modesto 135 N/A Generac 2091915 Deere 0G0516 3 Station 3 635 El Vista Ave (Back of Station) Modesto 11 N/A Kohler 364722 Kohler - 4 Station 4 1505 Blue Gum Ave (Back of
Station)
Modesto 7.5 N/A Kohler 447654 Kohler 7.5 RMW82-
72110c3-4
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45 5 Station 5 200 W. Briggsmore (West Side of
Station)
Modesto 60 N/A Generac 996009 Generac 94A 04649 S
6 Station 6 2700 Standiford Ave (Back of
Station)
Modesto 10 120/20
8 Kohler 45787 Kohler 10RM82
7 Station 7 1800 Mable Ave (App Bay Closet) Modesto 12.5 N/A Onan K80053905 Onan 12.5JC3R/5539AB 8 Station 8 673 Airport Way Modesto 11 N/A Kohler 69045 Kohler - 9 Station 9 4025 Fara Biundo (App Bay Closet) Modesto 10 19 Kohler 01.3022.024101 MWM Diesel 1.3022.024101 10 Station 10 148 Imperial (Back of Station) Modesto 29 60 Kohler SGM32F78BP Kohler - 11 Station 11 4225 Carver Road (Back of Station) Modesto 125 207 Cummins/On an
J040701178 Cummins 125DGDK-4752
12 Station 28 325 East G Street (Back of Station) Oakdale 94-118 69 Deere/Stamfo rd
M10G286206 - -
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46 1.3 REQUIRED LICENSES:

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

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

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

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024- _______authorizing the Award of Bid and agreement for the Generator Repair and Preventative Maintenance SERVICE to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Generator Repair and Preventative Maintenance SERVICE as described in IFB 2122-46RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
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48 NOW, THEREFORE, the parties hereto mutually agree as follows:

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

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

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit C are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in #15..
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50 performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

CITY Representative:

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

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

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

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies. a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; #15..
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52 broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

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

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

6. PAYMENT:

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

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:

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

8. VENUE & GOVERNING LAW:

9. ATTORNEYS’ FEES:

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

11. TERMINATION OF SERVICES:

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, #15..
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56 specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, #15..
- 760 -
57 reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

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.

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 #15..
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58 AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS:

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

16. DIR REGISTRATION:

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:

18. NOTICES:

CONTRACTOR: __________________
#15..
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59 __________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

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

20. QUANTITIES:

No minimum or maximum is guaranteed or implied.

21. FUNDING:

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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, #15..
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60 and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, 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.
#15..
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61 24. CONTRACTOR LICENSES & PERMITS:

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

25. RECORDS:

26. FACILITIES AND EQUIPMENT:

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:
#15..
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62 CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

29. ASSIGNMENT:

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

30. WAIVER:

31. HEADINGS NOT CONTROLLING:

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

32. MISCELLANEOUS:

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

33. ENTIRE AGREEMENT:

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

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this #15..
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63 Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

34. PARTIAL INVALIDITY:

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
#15..
- 768 -
Generator 1 (Sutter West) Hours to
Complete
Hourly Rate
- Regular
Hours
Parts /
Supplies Parts Mark Up
Extended
Price
Hours to
Complete
Hourly Rate -
Regular Hours
Parts /
Supplies Parts Mark Up
Extended
Price
PM - Minor 2.25 $ 180.00 $ 207.00 10% $ 612.00 4 $ 230.00 $ - 0% $ 920.00 PM - Major 9 $ 180.00 $ 1,456.40 10% $ 3,076.40 8 $ 230.00 $ 1,808.46 10% $ 3,824.90 3 - Year PM Service 9 $ 180.00 $ 2,345.00 10% $ 3,965.00 8 $ 230.00 $ 1,966.50 10% $ 4,003.15 $ 7,653.40 $ 8,748.05
Generator 2 (Sutter East) Hours to
Complete
Hourly Rate
- Regular
Hours
Parts /
Supplies Parts Mark Up
Extended
Price
Hours to
Complete
Hourly Rate -
Regular Hours
Parts /
Supplies Parts Mark Up
Extended
Price
PM - Minor 2.25 $ 180.00 $ 207.00 10% $ 612.00 4 $ 230.00 $ - 0% $ 920.00 PM - Major 10 $ 180.00 $ 2,648.60 10% $ 4,448.60 8 $ 230.00 $ 2,354.48 10% $ 4,429.93 3 - Year PM Service 10 $ 180.00 $ 2,995.00 10% $ 4,795.00 8 $ 230.00 $ 2,611.30 10% $ 4,712.43 $ 9,855.60 $ 10,062.36
Generator 3 (Well 15b) Hours to
Complete
Hourly Rate
- Regular
Hours
Parts /
Supplies Parts Mark Up
Extended
Price
Hours to
Complete
Hourly Rate -
Regular Hours
Parts /
Supplies Parts Mark Up
Extended
Price
PM - Minor 2.25 $ 180.00 $ 215.00 10% $ 620.00 4 $ 230.00 $ - 0% $ 920.00 PM - Major 7 $ 180.00 $ 310.80 10% $ 1,570.00 8 $ 230.00 $ 874.20 10% $ 2,801.62 3 - Year PM Service 7 $ 180.00 $ 460.00 10% $ 1,720.00 8 $ 230.00 $ 847.66 10% $ 2,772.42 $ 3,910.00 $ 6,494.04
$ 21,419.00 $ 25,304.45
Livermore, CA
Bay City Electric Works
Total Cost - Generator 2
Total Cost - Generator 1 Total Cost - Generator 1
Total Cost - Generator 2
Total Cost - Generator 3 Total Cost - Generator 3
Sum of all three generator jobs Sum of all three generator jobs IFB 2122-46RB
Generator Repair and Preventative Maintenance Services
Tracy, CA
PowerGen Inc.
#15..
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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: Purchase of Rock, Sand and Gravel
CONTACT: Manuel Martinez, Acting Water Division Manager, [email protected], 209-342-4592
DESCRIPTION:

Consider approving Purchasing Agreement with West Coast Sand and Gravel, Inc. of Buena Park, CA, for the purchase of rock, sand, and gravel for a total amount not to exceed $3,920,700 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:

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

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

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

On February 1, 2022, the Purchasing Manager approved a First Amendment to the purchase agreement with West Coast Sand and Gravel to include pricing for deliveries to Crows Landing, CA.
#16..
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City Council, August 27, 2024
Purchase of Rock, Sand and Gravel

Page 2 of 4 ends

On November 21, 2023, the Director of Finance approved a Second Amendment to the purchase agreement with West Coast Sand and Gravel to include pricing for deliveries to Patterson, CA.

DISCUSSION:

On April 2, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the Purchase of Rock, Sand, and Gravel. On April 25, 2024, the Purchasing Division issued Invitation for Bids (IFB) No. 2324-82, Purchase of Rock, Sand and Gravel on the City’s PlanetBids public bidding website under various commodity codes1. Prospective bidders were notified online and via email of the bid opportunity. Fifteen (15) companies downloaded the IFB document from PlanetBids.

On June 4, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) companies chose to respond, there was one (1) local bid received.

Based on providing the lowest responsive and responsible bid, City staff recommended awarding the Purchase of Rock, Sand and Gravel to West Coast Sand and Gravel, Inc., Buena Park, CA for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $712,000, and a total not to exceed $3,920,700 over five years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. An award of bid and agreement for the Purchase of Rock, Sand and Gravel to West Coast Sand and Gravel, Inc. conforms to the Modesto Municipal Code because the City complied with the formal bid procedures, and West Coast Sand and Gravel, Inc. was the lowest responsive and responsible bidder.

FISCAL IMPACT:

The original agreements for the purchase of rock, sand, and gravel were approved with a spending authority not to exceed $3,030,000 over five years. Staff is requesting that the new agreement be approved with a spending authority not to exceed $3,920,700 over five years. This projected increase is due in part to the fact that spending was uncharacteristically lower during COVID (2020-21). When restrictions eased, Citywide spending for rock, sand and gravel doubled in one year and is on track to do the same during the final year of the agreement. Staff believes that this is more indicative of the City’s projected spending for the new agreement, especially considering the increase in Measure H funded projects for multiple City Divisions.

Expenditures for Agreement #166751 over the past five years are listed in the following table:

Contract Year Dates Expended
CY1 10/1/19 – 9/30/20 $ 392,903
CY2 10/1/20 – 9/30/21 $ 315,376
CY3 10/1/21 – 9/30/22 $ 314,489
CY4 10/1/22 – 9/30/23 $ 625,335
CY5 10/1/23 – 9/30/24 $ 175,602
Grand Total: $1,823,705
1 75077 Sand & Gravel
96826 Crushing, Screening, Etc. of All Types of New or Recycled Aggregate, Brick or Stone Products Incl. Road Materials
#16..
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City Council, August 27, 2024
Purchase of Rock, Sand and Gravel

Page 3 of 4 ends

Estimated expenditures for the next five years are budgeted in various department funds, with the first two years fixed and a 8% increase annually in years three, four, and five:

Department Fund/Cost Center Amount
Utilities:

Water 4100-45040 $ 500,000
Storm Drain 4480-44222 $ 60,000
Sewer Operations 4210-44211 $ 35,000
Public Works Department:

Streets 1700-53130 $ 20,000
Curbs, Gutters & Sidewalks 1700-53142 $ 10,000
Compost 4890-56030 $ 7,000
General Fund Departments:

Parks, Recreation & Neighborhoods 0100-Varies $ 50,000
Police 0100-19490 $ 20,000
Miscellaneous Funds As Needed Varies $ 10,000
CITYWIDE TOTALS Term Dates Amount
Total Amount, Year 1 10/1/24 – 9/30/25 $ 712,000
Total Amount, Year 2 10/1/25 – 9/30/26 $ 712,000
Total Amount, Year 3 10/1/26 – 9/30/27 $ 769,000
Total Amount, Year 4 10/1/27 – 9/30/28 $ 830,600
Total Amount, Year 5 10/1/28 – 9/30/29 $ 897,100
Total Not To Exceed Over 5 Years $ 3,920,700
* Fixed price years 1 and 2, and an annual 8% CPI increase in subsequent years (3, 4, 5) COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the August 5, 2024 meeting, where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the Award of Bid and Purchasing Agreement to West Coast Sand and Gravel, Inc. of Buena Park, CA, for the purchase of rock, sand and gravel for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $712,000 and a total amount not to exceed $3,920,700 over five years; and authorizing the Director of Finance or her designee to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement #277417 – West Coast Sand and Gravel, Inc.

3. Exhibit B, Bid Submittal – West Coast Sand and Gravel, Inc. #16..
- 772 -
City Council, August 27, 2024
Purchase of Rock, Sand and Gravel

Page 4 of 4 ends

4. Exhibit C, IFB 2324-82 – Purchase of Rock, Sand & Gravel

5. Cost Abstract, IFB 2324-82 – Purchase of Rock, Sand & Gravel #16..
- 773 -
XXX 1 2024-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX

RESOLUTION APPROVING THE AWARD OF BID AND PURCHASING
AGREEMENT TO WEST COAST SAND AND GRAVEL, INC. OF BUENA PARK, CA, FOR THE PURCHASE OF ROCK, SAND AND GRAVEL FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT OF $712,000 AND A TOTAL
AMOUNT NOT TO EXCEED $3,920,700 OVER FIVE YEARS; AND

AUTHORIZING THE DIRECTOR OF FINANCE OR HER DESIGNEE TO

EXECUTE THE AGREEMENT
WHEREAS, various departments throughout the City utilize aggregate base, cut back, fractured rock, hydro-patch, concrete mix, 3/4” crushed rock, 3/8” crushed rock, drain rock, concrete sand, cobblestone, and track-out rock for city related construction projects and city road maintenance, and
WHEREAS, the Water Division utilizes aggregate base, crushed rock and sand for various construction projects, infrastructure maintenance, capital improvement projects, backfilling and compacting holes, emergency repairs, customer water meter line repair, and main water line repairs; and concrete mix and base rock are used to provide compaction and water absorption for saturated holes, and
WHEREAS, on April 2, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the Purchase of Rock, Sand, and Gravel, and WHEREAS, on April 25, 2024, the Purchasing Division issued Invitation For Bids (IFB) No. 2324-82, Purchase of Rock, Sand and Gravel on the City’s PlanetBids public bidding website under various commodity codes, and prospective bidders were notified online and via email of the bid opportunity, and
WHEREAS, fifteen (15) companies downloaded the IFB document from PlanetBids, and
#16..
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XXX 2 2024-XXX
WHEREAS, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream on June 4, 2024, and two (2) companies chose to respond, one of which was a local bidder, 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 formal bid procedure. An award of bid and agreement for the purchase and delivery of rock, sand, and gravel to West Coast Sand and Gravel, Inc. of Buena Park, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and West Coast Sand and Gravel 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 to West Coast Sand and Gravel, Inc. of Buena Park, CA, for the purchase of rock, sand and gravel for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $712,000 and a total amount not to exceed $3,920,700 over five years.

BE IT FURTHER RESOLVED that the Director of Finance, or her designee, is hereby authorized to execute the purchase agreement.
#16..
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XXX 3 2024-XXX
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 XXX who moved its adoption, which motion being duly seconded by Councilmember XXX, 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
#16..
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ANNUAL PURCHASE AGREEMENT NO 277417

FOR THE PURCHASE OF ROCK, SAND & GRAVEL
WEST COAST SAND AND GRAVEL, 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 West Coast Sand and Gravel, Inc., a corporation in California, hereinafter called VENDOR,
W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-______ authorizing the Award of Bid and agreement for the Purchase of Rock, Sand and Gravel on an “As Needed” basis described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR 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 VENDOR shall enter into an agreement for the Purchase of Rock, Sand, and Gravel as described in IFB 2324-82, attached hereto as Exhibit “C” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. 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 ONE: OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2025
YEAR TWO: OCTOBER 1, 2025 THROUGH SEPTEMBER 30, 2026
YEAR THEE: OCTOBER 1, 2026 THROUGH SEPTEMBER 30, 2027
YEAR FOUR: OCTOBER 1, 2027 THROUGH SEPTEMBER 30, 2028
YEAR FIVE: OCTOBER 1, 2028 THROUGH SEPTEMBER 30, 2029
#16..
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2. PRICING:

A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $712,000. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $3,920,700.

B. Pricing during AGREEMENT year one and two shall be as set forth in Attachment A Pricing, attached hereto and made a part hereof by this reference.

C. Pricing shall remain firm for the first two (2) years of the AGREEMENT.

Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least ninety (90) days prior to the annual anniversary date of the AGREEMENT.

Cold patch price shall be tied to the Caltrans Crude Oil Price Index. Price adjustments based on asphalt oil price fluctuations may be cause to adjust prices. Pricing shall be based on Caltrans Crude Oil Price Index located at: HTTPS://DOT.CA.GOV/PROGRAMS/CONSTRUCTION/CALIFORNIASTATEWIDE-CRUDE-OIL-PRICE-INDEX E. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration: Website: https://www.eia.gov/PETROLEUM/GASDIESEL/, California data.

3. USAGE: VENDOR shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.

4. ORDERING: VENDOR shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.

5. PAYMENT: All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected]. As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY via the following payment method Net 30 terms via CITY’s ePay Program.

6. AMENDMENTS: No changes to this AGREEMENT shall be effective unless documented by a written amendment to this AGREEMENT and signed by the parties hereto with CITY represented by the Purchasing Division.
#16..
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7. TERMINATION:

A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within thirty (30) days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

B. CITY may terminate this AGREEMENT for convenience upon 30 days prior notice to VENDOR by CITY’s authorized employee.

8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR 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 VENDOR or send an invoice to the VENDOR which shall be paid within thirty (30) days, the difference between the prices named in the agreement or purchase order and the actual cost thereof to the CITY. In the event that the VENDOR 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. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

9. RESPONSIBILITY: Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.

10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B.

Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice.

Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.

11. CHANGES: A purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid PO. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given, therefore. #16..
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12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for ninety (90) days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.

13. INSURANCE: Any purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.

14. TAX EXEMPTIONS: The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.

15. INDEMNITIES:

A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, officials, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.

B. VENDOR shall hold the CITY and its agents, officers, officials, 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 VENDOR, or its agents, officers, officials, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, officials, employees, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.

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

17. VENUE: 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.

18. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. #16..
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19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the VENDOR’s officers, officials, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The VENDOR shall assume full responsibility for the defense of any claims arising under the Purchase Order and the VENDOR shall save, keep, and bear harmless the CITY, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it.

20. 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:

VENDOR: West Coast Sand and Gravel, Inc.
7312 Orangethorpe Ave.

Buena Park, CA 90621
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.

23. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY. Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS 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.

24. 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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Attachment A Pricing
Item Description Unit Price Within
City Limits
Unit Price Outside
City Limits
Aggregate Base Material, 3/4",
Recycled, CalTrans Class II $21.70 $23.20
Cobblestone, 5" - 8" $41.73 $42.23
Concrete Mix, 1" x #4 Coarse
Aggregate $32.28 $33.78
Concrete Sand $30.00 $31.50
Cutback Asphalt (Cold Patch), 3/8" $119.76 $121.26
EZ-Street Patch $223.14 $224.64
Pea Gravel $31.45 $32.95
Rock, Crushed Aggregate, 3/4" $28.65 $30.15
Rock, Crushed Aggregate, 3/8” $28.65 $30.15
Rock, Fractured, 6" minus $26.43 $27.93
Rock, Trackout, 3” - 6” $26.43 $27.93
Rock, Washed Drain, 1-1/2" $32.50 $34.00
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IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT by its Director of Finance under authority of Resolution No. 2024-_______ adopted by the Council of the City of Modesto on the _____________ day of ___________________, 2024 and West Coast Sand and Gravel, Inc. has caused this Agreement to be duly executed. #16..
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-82
FOR

PURCHASE OF ROCK, SAND & GRAVEL
BID OPENING: June 4, 2024 at 11:00 A.M.

CITY OF MODESTO CONTACT: Melvin Rosal, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5420
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
2 Table of Contents
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 BID FORM A – IFB ACKNOWLEDGEMENT.................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 20 BID FORM C – PRICING SCHEDULE.............................................................................................. 22 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 24 BID FORM E – BIDDER CUSTOMER REFERENCES .................................................................... 25 BID FORM F – FINANCIAL INTEREST DISCLOSURE................................................................. 27 BID FORM G – SUPPORT OF LOCAL VENDORS.......................................................................... 29 BID FORM H – BIDDER COMPANY HISTORY STATEMENT .................................................... 30 BID FORM I – ADDENDA ACKNOWLEDGEMENT...................................................................... 31 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 33 BID FORM L – SUBCONTRACTOR LIST......................................................................................... 34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 35

1.1 SCOPE OF WORK:........................................................................................................................ 35

1.4 PRODUCT SPECIFICATION: ...................................................................................................... 36

1.5 REQUIRED LICENSES:................................................................................................................ 36 SAMPLE AGREEMENT......................................................................................................................... 38 #16..
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
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 purchase of Rock, Sand & Gravel equipment, materials, supplies and/or related services (the “Goods”) for the City of Modesto, Utilities Department, Water Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Goods 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 4, 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.

PURCHASE OF ROCK, SAND &
GRAVEL
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 # 2324-82

PURCHASE OF ROCK, SAND, & GRAVEL
BID OPENING DATE: JUNE 4, 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 90 days after the date set for the opening thereof. #16..
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PURCHASE OF ROCK, SAND &
GRAVEL
5 CALENDAR OF EVENTS
Event Date
IFB Issued April 25, 2024
Written Questions Due via Email May 3, 2024
Addendum Issued (if required) May 10, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, June 4, 2024 Contract Award Approximately June, 2024

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #16..
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PURCHASE OF ROCK, SAND &
GRAVEL
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, June 4, 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/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40threa d.v2/0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976- 189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d • Click to join the Microsoft Teams 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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PURCHASE OF ROCK, SAND &
GRAVEL
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 ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

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

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

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Goods 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 Goods with exceptions.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be submitted to the City in the order listed (note – some forms require signature):
• 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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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
8 • 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 – Subcontractor List
Failure to furnish any of these documents may result in disqualification.

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

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “Primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
9 • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the commodity 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.

J. TERM OF CONTRACT: The term of the contract shall be for a period of two (2) years with three (3) one-year extension options at the sole discretion of City, for a total of up to five (5) years.
• Pricing shall remain firm for the first two (2) years of any contract, which may be awarded pursuant to this IFB.
• Price increases for subsequent contract years three, four and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

Cold patch price shall be tied to the Crude Oil Price Index. Price adjustments based on asphalt oil price fluctuations may be cause to adjust prices. Pricing shall be based on caltrans asphalt price index located at:

HTTPS://DOT.CA.GOV/PROGRAMS/CONSTRUCTION/CALIFORNIASTATEWIDE-CRUDE-OIL-PRICE-INDEX • Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

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

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

K. 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 #16..
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
10 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.

L. 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.

M. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • 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 Goods for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Goods and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Goods in accordance with the terms of any resultant agreement within the time specified therein.

N. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this #16..
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
11 section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • 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;
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
12 b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten (10) 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.
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
13 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:

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 #16..
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
14 City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #16..
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
15 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 as described more-fully herein.

The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission (please note which forms require signature):

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 – Subcontractors List
Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #16..
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PURCHASE OF ROCK, SAND &
GRAVEL
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.

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.
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17 (b) Bids are subject to acceptance by the City at any time within 60 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party.

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

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

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

Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. 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 Goods, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.

11. Two “Inked” Signed Original Bid Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. One additional copy and one electronic copy provided on a USB drive will accompany the “inked” originals. #16..
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19 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 provide the Goods specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through K, 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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20 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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21 Number (note –
provide only if
available now - - but
not required until any
contract begins):
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22 BID FORM C – PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required provision of Goods 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.

Item Description Est.

Annual
Quantity
(Tons)
Unit Price
within City
Limits
Extended
Price within
City Limits
Unit Price
outside City
Limits
Extended Price
outside City
Limits
Aggregate Base Material, 3/4",
Recycled, CalTrans Class II 22,740 $ $ $ $
Cobblestone, 5" - 8" 60 $ $ $ $
Concrete Mix, 1" x #4 Coarse
Aggregate 400 $ $ $ $
Concrete Sand 550 $ $ $ $
Cutback Asphalt (Cold Patch), 3/8" 4,400 $ $ $ $
Hydro-Patch 110 $ $ $ $
Pea Gravel 35 $ $ $ $
Rock, Crushed Aggregate, 3/4" 790 $ $ $ $
Rock, Crushed Aggregate, 3/8” 420 $ $ $ $
Rock, Fractured, 6" minus 100 $ $ $ $
Rock, Trackout, 3” - 6” 20 $ $ $ $
Rock, Washed Drain, 1-1/2" 4,000 $ $ $ $
Sub Total $ $
ePay 1% Discount if Option A - Payment Terms is selected: -$ -$ Total: $ $
Sum of Extended Pricing within and outside of City Limits $_________________ #16..
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23 Payment Terms:

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

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

Bidder Company Name:

Name of Bidder Signatory:

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

Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

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

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

Name of Bidder Signatory:

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of Goods:

Annual Contract Value $
Company Name:

Address:
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26 City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of Goods:

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 Goods:

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 Goods:

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

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

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

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

10.03(h) are satisfied.

PURCHASE OF ROCK, SAND &
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28 Print Names of Persons Having a Financial Interest in Bidder Receiving this Contract:

Bidder Company Name:

Name of Bidder Signatory:

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

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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30 BID FORM H – BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the Goods and related 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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31 BID FORM I – ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

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

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

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

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

Bidder Company Name:
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32 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, 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 Goods 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 Goods and related 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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33 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience. #16..
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34 BID FORM L – SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform.

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

1.1 SCOPE OF WORK:

The City of Modesto requests the purchase and delivery of rock, sand and gravel for use Citywide and surrounding cities within Stanislaus County. Various departments throughout the City utilize aggregate base, cut back, fractured rock, hydro-patch, concrete mix, 3/4” crushed rock, 3/8” crushed rock, drain rock, concrete sand, cobblestone, pea gravel, and track-out rock for city-related construction projects and city road maintenance. The Water Services Division utilizes aggregate base, crushed rock and sand for various construction projects, infrastructure maintenance, capital improvement projects, backfilling and compacting holes, emergency repairs, customer water meter line repair, and main water line repairs. Conmix and base rock is utilized for providing compaction and water absorption for saturated holes. Products are purchased throughout the year on an “as needed” basis.

1.2 DELIVERY:

Location: City of Modesto and surrounding cities within Stanislaus County To be Determined at Time of Order
Days of Week: Monday through Friday (excluding holidays) Delivery Hours: 7:00 A.M. to 3:00 P.M. or as specified by Division All orders shall be placed by 8:00 A.M., Monday through Friday. All deliveries shall be made by the next business day after the order is placed, with the exception of Hydro-Patch orders [refer to 1.4(d)]. Each delivery shall include a manifest and certified weigh ticket. Each delivery shall be signed for by an approved onsite City liaison, if delivered to a specific project site. Tags without proper City signatures will not be paid. (If City forces are not present at the site when product is delivered, it will be the responsibility of the Contractor to contact the City within twenty-four (24) hours to verify delivery receiving written confirmation by City).

1.3 DELIVERY REPORT:

The successful Bidder(s) shall provide Goods delivery reports upon City request. Reports shall include all Goods delivered, quantity, agreement number, and time period of delivery. At a minimum the report shall include Goods delivered, quantity, unit price, extended price, and total price. Reports shall be delivered to the following address or alternatively as requested by the Purchasing Division via email to the City of Modesto:

City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
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36 1.4 PRODUCT SPECIFICATION:

A. Aggregate Base Material, 3/4", Recycled, CalTrans Class II Product Warranty: Aggregate Base Material, 3/4", Recycled, CalTrans Class II, shall meet CalTrans Specifications 25 and 26 in all respects. If for any reason CalTrans fails the product, said product shall be picked up and replaced by the Contractor at the Contractor’s expense within twenty-four (24) hours after receipt of failed CalTrans report.

B. Cold patch price shall be tied to the CalTrans Crude Oil Price Index. Price adjustments based on asphalt oil price fluctuations may be cause to adjust prices. Pricing shall be based on CalTrans Asphalt Price Index located at: HTTPS://DOT.CA.GOV/PROGRAMS/CONSTRUCTION/CALIFORNIASTATEWIDE-CRUDE-OIL-PRICE-INDEX A thirty (30) day written notice of an adjusted price request is required. Any price adjustment shall be negotiated by the Purchasing Division. Until any change has been accepted, the Contractor must continue to accept orders at the original bid price, terms and conditions.

C. 1-½" washed drain rock shall be clean and free of visible “caked” dirt.

D. All deliveries of Hydro-Patch shall be fresh product (no more than two months old) when delivered.

E. It is the responsibility of the vendor to ensure that all products delivered to the City meet CalTrans specifications. Vendor(s) shall bear all costs associated with removing and replacing said products not meeting CalTrans specifications. No exceptions.

1.5 REQUIRED LICENSES:

1.6 CONTRACTUAL CHANGES:

Changes of a contractual or business nature shall be effected only by written change to the contract by the City of Modesto, Purchasing Division.

1.7 CHARACTER OF WORKERS:

If any person employed by the Bidder 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 site on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City site.

1.8 DELAY BY THE CITY:
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37 Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Bidder to delay in the provision of Goods and related services shall be grounds for extension of time on the part of the Bidder to complete the work, but shall give the Contractor no damages for such delay. #16..
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38 SAMPLE AGREEMENT
ANNUAL PURCHASE AGREEMENT – GOODS
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 VENDOR,
W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-______ authorizing the Award of Bid and agreement for the Purchase of Rock, Sand & Gravel on an “As Needed” basis described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR 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 VENDOR shall enter into an agreement for the Purchase of Rock, Sand & Gravel as described in IFB 2324-82, attached hereto as Exhibit “C” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. 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 ONE: 2024 THROUGH 2025
YEAR TWO: 2025 THROUGH 2026
YEAR THEE: 2026 THROUGH 2027
YEAR FOUR: 2027 THROUGH 2028
YEAR FIVE: 2028 THROUGH 2029
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39 2. PRICING:

A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $_____________. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $_____________.

B. Pricing during AGREEMENT Year One and Two shall be as set forth in Attachment A Pricing, attached hereto and made a part hereof by this reference.

C. Pricing shall remain firm for the first two years of the AGREEMENT.

D. Price increases for each subsequent AGREEMENT years three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12 month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area of Modesto, California. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least 60 days prior to the annual anniversary date of the AGREEMENT.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration: Website: https://www.eia.gov/PETROLEUM/GASDIESEL/, California data.

3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.

4. ORDERING: Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.

A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

B. CITY may terminate this AGREEMENT for convenience upon 30 days prior notice to VENDOR by CITY’s authorized employee.

8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR 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 VENDOR, or send an invoice to the VENDOR 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 VENDOR 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. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B. Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.

12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a #16..
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41 particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.

15. INDEMNITIES:

A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.

B. VENDOR shall hold the CITY and its agents, officers, officials, 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 VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’s obligation to defend, indemnify, and hold the city, its agents, officers, officials, employees, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.

19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The Vendor shall assume full responsibility for the defense of any claims arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it. #16..
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42 20. NOTICES: Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid addressed as follows:

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

21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance.

22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.

Annual
Quantity
(Tons)
Unit Price
within City
Limits
Unit Price
outside City
Limits
Aggregate Base Material, 3/4",
Recycled, CalTrans Class II 22,740 $ $
Cobblestone, 5" - 8" 60 $ $
Concrete Mix, 1" x #4 Coarse
Aggregate 400 $ $
Concrete Sand 550 $ $
Cutback Asphalt (Cold Patch), 3/8" 4,400 $ $
Hydro-Patch 110 $ $
Pea Gravel 35 $ $
Rock, Crushed Aggregate, 3/4" 790 $ $
Rock, Crushed Aggregate, 3/8” 420 $ $
Rock, Fractured, 6" minus 100 $ $
Rock, Trackout, 3” - 6” 20 $ $
Rock, Washed Drain, 1-1/2" 4,000 $ $
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44 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT by its Director of Finance under authority of Resolution No. 2324-_______ adopted by the Council of the City of Modesto on the _____________ day of ___________________, 2024 and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, VENDOR
A municipal corporation
By: __________________________ By: _________________________________ DEANNA CHRISTENSEN, (Signature)
Director of Finance
_________________________________
(Name & Title)
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Item Desciption
Est. Annual
Quantitiy
(Tons)
Unit Price
Within City
Limits
Extended Price
Within City
Limits
Unit Price
Outside City
Limits
Extended Price
Outside City
Limits
Unit Price
Within City
Limits
Extended Price
Within City
Limits
Unit Price
Outside City
Limits
Extended Price
Outside City
Limits
Aggregate Base Material, 3/4", Recycled,
CalTrans Class II 22,740 $ 493,458.00 21.70 $ $ 23.20 $ 527,568.00 $ 828,190.80 36.42 $ $ 970,770.60 42.69 $ Cobblestone, 5" - 8" 60 $ 41.73 $ 2,503.80 $ 42.23 $ 2,533.80 $ 45.54 $ 2,732.40 $ 52.14 $ 3,128.40 Concrete Mix, 1" x #4 Coarse Aggregate 400 $ 32.28 $ 12,912.00 $ 33.78 $ 13,512.00 $ 37.28 $ 14,912.00 $ 43.55 $ 17,420.00 Concrete Sand 550 $ 30.00 $ 16,500.00 $ 31.50 $ 17,325.00 $ 37.73 $ 20,751.50 $ 44.00 $ 24,200.00 Cutback Asphalt (Cold Patch), 3/8" 4,400 $ 119.76 $ 526,944.00 $ 121.26 $ 533,544.00 No Bid No Bid No Bid No Bid Hydro-Patch 110 $ - $ - $ - $ - No Bid No Bid No Bid No Bid EZ Street Patch (Alterntive to Hydro-Patch) 110 $ 223.14 $ 24,545.40 $ 224.64 $ 24,710.40 $ - $ - $ - $ - Pea Gravel 35 $ 31.45 $ 1,100.75 $ 32.95 $ 1,153.25 $ 36.84 $ 1,289.40 $ 43.44 $ 1,520.40 Rock, Crushed Aggregate, 3/4" 790 $ 28.65 $ 22,633.50 $ 30.15 $ 23,818.50 $ 38.59 $ 30,486.10 $ 44.86 $ 35,439.40 Rock, Crushed Aggregate, 3/8” 420 $ 28.65 $ 12,033.00 $ 30.15 $ 12,633.00 $ 37.79 $ 15,871.80 $ 44.06 $ 18,505.20 Rock, Fractured, 6" minus 100 $ 26.43 $ 2,643.00 $ 27.93 $ 2,793.00 No Bid No Bid No Bid No Bid Rock, Trackout, 3” - 6” 20 $ 26.43 $ 528.60 $ 27.93 $ 558.60 $ 42.54 $ 850.80 $ 49.14 $ 982.80 Rock, Washed Drain, 1-1/2" 4,000 $ 32.50 $ 130,000.00 $ 34.00 $ 136,000.00 $ 37.91 $ 151,640.00 $ 131,120.00 32.78 $ $ 1,245,802.05 $ 1,296,149.55 $ 1,066,724.80 $ 1,203,086.80 $ (12,458.02) $ (12,961.50) $ - $ -
$1,233,344.03 $ 1,283,188.05 $ 1,066,724.80 $1,203,086.80 $ 2,516,532.08 $ 2,269,811.60
Subtotal
West Coast Sand and Gravel Inc.

Sum of extended pricing Within and Outside of City Limits ePay 1% Discount if Option A - Payment Terms is
selected
Total
Lowest and Responsible Bidder: West Coast Sand and
Gravel, Inc.

IFB 2324-82
Purchase of Rock, Sand & Gravel
Erie, PA
Green Dream International
Modesto, CA
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 27, 2024
Date: August 22, 2024
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC for John Thurman Field
CONTACT: Joseph P. Lopez, City Manager, [email protected], 209-577-5223 DESCRIPTION:

Consider approving a First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC to lease John Thurman Field through September 30, 2025, and authorizing the City Manager, or his designee, to finalize the language of the agreement pursuant to the negotiated terms and execute the Amendment. (Funding Source: Capital Improvement Project (CIP) 101019/General Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Area of Focus to promote its economic vitality goals to drive the success of a vibrant and economically sustainable business climate, build and promote a recognizable and desirable identity of the City of Modesto, and to make downtown Modesto a regional destination.

BACKGROUND:

The City owns the property, stadium, and parking facilities that comprise John Thurman Field located at 601 Neece Drive. On February 27, 2024, by Resolution No. 2024-052, Council approved an agreement with The Baseball Club of Modesto LLC to lease the John Thurman Field Facility through September 30, 2024. This agreement gave the parties additional time to enter negotiations for a long-term lease.

DISCUSSION:

During this period, the parties were unable to reach agreement on a long-term lease.

Subsequently, on July 10, 2024, the parties announced publicly that a mutual agreement on a long-term lease extension could not be reached. Since then, there have been additional conversations and the City and The Baseball Club of Modesto LLC have reached a tentative draft lease amendment for a one-year term extension. This amendment will allow the parties to continue negotiations for a long-term lease.
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City Council, August 27, 2024
First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC for John Thurman Field

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Modesto City CouncilAugust 27, 2024

Modesto City Council
August 27, 2024