Agenda packet — Modesto City Council, October 8, 2024 (part 7 of 8)

On June 03, 2024, a second amendment was approved to extend the term of the agreement with HB Restoration Inc. for the painting of water well and tank sites through January 31, 2025.

DISCUSSION:

On April 2, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the Painting of Water Wells and Tank Sites. On May 15, 2024, the Purchasing Division issued Invitation for Bids (IFB) 2324-89 for the Painting of Water Wells and Tank Sites on the City's PlanetBids public bidding website under various commodity codes1. Prospective bidders were notified online and via email of the bid opportunity. Thirty-eight (38) companies downloaded the IFB documents from PlanetBids.

On June 18, 2024, bids were formally opened in the City Clerk's office and broadcast via Microsoft Teams Livestream. Four (4) chose to respond. There were no local bids received.

Based on providing the lowest responsive and responsible bid, City staff recommended to award the Painting of Water Wells and Tank Sites to HB Restoration Inc., Rio Linda, CA for the total amount not to exceed $669,076.

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 Painting of Water Wells and Tank Sites for the Utilities Department to HB Restoration Inc., Rio Linda, CA, conforms to Modesto Municipal Code because the City complied with the formal bid procedures and HB Restoration Inc. was the lowest responsive and responsible bidder.

FISCAL IMPACT:

The anticipated cost of $669,076 will be absorbed within the current Utilities Department, Water Division FY 2024-25 operating budget and ongoing annual costs will be included as part of the adopted budget, accounting string: 4100-45050-53300.

Expenditures for the current agreement for painting of water wells and tank sites are listed below:

Contract Year Expended
YR 1 (10/08/19 – 10/07/20) $ -
YR 2 (10/08/20 – 10/07/21) $ 80,346
YR 3 (10/08/21 – 10/07/22) $ 85,790
YR 4 (10/08/22 – 10/07/23) $ 77,416
YR 5 (10/08/23 - YTD) $ 84,319
TOTAL $ 327,871
AVERAGE $ 81,968
The new bid submittal includes a 40% price increase that has been calculated into the original request to provide a new base request total for the first two years of the agreement. Contract 1 63000 Paint, Protective Coating, Varnish, Wallpaper, And Related Products 91054 Painting, Maintenance And Repair Services (Including Caulking) 91461 Painting and Wallpapering
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City Council, October 8, 2024
Painting of Water Wells and Tank Sites

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years 3-5 include a 5% Consumer Price Index (CPI) increase to cover any negotiated requests that may be submitted to the Purchasing Division.

ANTICIPATED AGREEMENT EXPENDITURES:

CY 1 CY2 CY3 CY4 CY5
Original Request $ 90,000 $ 90,000
40% Price Increase (New bid) $ 36,000 $ 36,000
Base Request Total $ 126,000 $ 126,000 $ 126,000 $ 132,300 $ 138,915 5% CPI Increase $ 6,300 $ 6,615 $ 6,946
Contract Year Totals $ 126,000 $ 126,000 $ 132,300 $ 138,915 $ 145,861 Not To Exceed Over Five (5) Years $ 669,076
COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the September 9, 2024, meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Bid and Agreement for Painting of Water Wells and Tank Sites to HB Restoration Inc., of Rio Linda, CA for a two (2) year Agreement with three (3) oneyear extension options, for an annual estimated amount of $126,000 and a total amount not to exceed $669,076 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement 279025 – HB Restoration Inc.

3. Exhibit B – Bid Submittal, HB Restoration Inc.

4. Exhibit C – IFB 2324-89 Painting of Water Wells and Tank Sites

5. Cost Abstract – IFB 2324-89 Painting of Water Wells and Tank Sites #25..
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1 2024-10-08

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR

PAINTING OF WATER WELLS AND TANK SITES TO HB RESTORATION INC., RIO LINDA, CA FOR A TWO (2) YEAR AGREEMENT WITH THREE (3)

ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $126,000 AND A TOTAL AMOUNT NOT TO EXCEED $669,076 OVER FIVE YEARS; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, the Water Services Division operates and maintains 102 water wells sites and 13 storage tank sites located in and around Modesto, Salida, Turlock, Grayson, Del Rio, Ceres, and Empire, and
WHEREAS, the Division’s painting program identifies and prioritizes the painting of well and tank sites, estimating six (6) well sites and one (1) tank site for each contract year, and
WHEREAS, tank sites are typically painted every five (5) to ten (10) years with an estimated annual cost of $82,000, and
WHEREAS, services could include painting tanks, control rooms, electrical cabinets, conduit, motors, water pipelines and appurtenances. All surfaces are pressure washed, paint scraped when needed, spit primed and painted, and WHEREAS, on April 2, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the Painting of Water Wells and Tank sites, and WHEREAS, on May 15, 2024, the Purchasing Division issued Invitation for Bids (IFB) 2324-89 for the Painting of Water Wells and Tank sites on the City’s PlanetBids public bidding website under various commodity codes, and WHEREAS, on June 18, 2024, bids were formally opened in the City Clerk’s office and four (4) chose to respond, there were no local bids received, and #25..
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2 2024-10-08
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. An Award of Bid and Agreement for Painting of Water Wells and Tank Sites for the Utilities Department to HB Restoration Inc., Rio Linda, CA conforms to Modesto Municipal Code because the City complied with the formal bid procedures and HB Restoration was the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement for Painting of Water Wells and Tank Sites to HB Restoration Inc., Rio Linda, CA for a two (2) year agreement with three (3) one-year extension options for an annual estimated amount of $126,000 and a total amount not to exceed $669,076 over five years,
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of October, 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:
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3 2024-10-08
ATTEST: _____________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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ANNUAL AGREEMENT NO 279025

PAINTING OF WATER WELLS AND TANK SITES
HB RESTORATION, 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 HB Restoration 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 PAINTING OF WATER WELLS AND TANK SITES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and #25..
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WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the PAINTING OF WATER WELLS AND TANK SITES as described in IFB 2324-89 attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good 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 $126,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $669,076. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
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AGREEMENT PRICING
Item Description QTY
Unit of
Measure
(UOM)
Price
1 Painter – Regular Hourly Rate 1 Hourly $141.72
2 Painter – Overtime Hourly Rate 1 Hourly $173.24
3 Painter – Weekend/Holiday Hourly Rate 1 Hourly $173.24 4 Paint – Ultra Grip Universal Primer 1 Gallon $26.00
5 Paint – Enduracoat DTM 1 Gallon $46.00
6 Paint – High Adhesion Primer 1 Gallon $46.00
7 Paint – Acryhues Exterior/Interior 1 Gallon $26.00
Equipment QTY
Unit of
Measure
(UOM)
Price
17 Man Lift 1 Per Station $2,500.00

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor 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#: 20240535433

3. CITY REPRESENTATIVE:
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CITY Representative: Tony Benns, Utilities Plant Operations Supervisor, (209) 652-0002, [email protected]
Purchasing Contact: Melvin Rosal, Buyer, (209) 577-5420, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR REPRESENTATIVE:

CONTRACTOR Representative: Dimitrios P. Rozakis, CEO, (916) 272-7949, [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: February 1, 2025 through January 31, 2026
Year 2: February 1, 2026 through January 31, 2027
Year 3: February 1, 2027 through January 31, 2028
Year 4: February 1, 2028 through January 31, 2029
Year 5: February 1, 2029 through January 31, 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by #25..
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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:

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 #25..
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policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

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

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

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a #25..
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properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number, 279025
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

7. INDEMNITY:

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

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

9. ATTORNEYS’ FEES:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-89
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 non- #25..
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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 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 materialsin 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 otherinformation andmaterial as may have been accumulated by the CONTRACTOR in performing the #25..
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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, #25..
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reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

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

13. FAILURE TO PERFORM SATISFACTORY WORK:

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

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

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

14. ASSIGNMENT OF RIGHTS:

The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions #25..
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Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS:

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

16. DIR REGISTRATION:

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

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

18. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week #25..
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following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: HB Restoration Inc.
5907 26th St.

Rio Linda, CA 95673
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

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

20. QUANTITIES:

No minimum or maximum is guaranteed or implied.

21. FUNDING:

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

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

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
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23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment.

The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of 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 #25..
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in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

24. CONTRACTOR LICENSES & PERMITS:

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

25. RECORDS:

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

26. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make #25..
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available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

27. INDEPENDENT CONTRACTOR; NOT AGENT:

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

28. DRUG FREE WORKPLACE:

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

29. ASSIGNMENT:

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

30. WAIVER:

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

31. HEADINGS NOT CONTROLLING:
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Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

32. MISCELLANEOUS:

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

33. ENTIRE AGREEMENT:

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

34. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024- _________ adopted by the Council of the City of Modesto on the ___________ day of _______________, 2024 and HB Restoration, Inc. has caused this Agreement to be duly executed. #25..
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-89
FOR

PAINTING OF WATER WELLS AND TANK SITES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
MANDATORY BID WALK: MAY 23, 2024
BID OPENING: JUNE 18, 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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2 Table of Contents PAGE
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 6 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 BID SUBMITTAL CHECKLIST............................................................................................................. 15 BID FORM A – IFB ACKNOWLEDGEMENT.................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 19 BID FORM C – PRICING SCHEDULE.............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 25 BID FORM E – BIDDER CUSTOMER REFERENCES .................................................................... 26 BID FORM F – FINANCIAL INTEREST DISCLOSURE................................................................. 28 BID FORM G – SUPPORT OF LOCAL VENDORS.......................................................................... 30 BID FORM H – BIDDER COMPANY HISTORY STATEMENT .................................................... 31 BID FORM I – ADDENDA ACKNOWLEDGEMENT...................................................................... 32 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 33 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 34 BID FORM L – SUBCONTRACTOR LIST........................................................................................ 35 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 36

1.1 SCOPE OF WORK:........................................................................................................................ 36

1.27 REQUIRED LICENSES:.............................................................................................................. 42 SAMPLE ANNUAL AGREEMENT - SERVICES............................................................................. 45 #25..
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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 painting of water wells and take sites equipment, materials, supplies and/or related services (the “Services”) 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 Services pricing herein, and not separately charged to the City).

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

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to JUNE 18, 2024 at 11:00 A.M., at which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

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

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid.
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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 # 2324-89

PAINTING OF WATER WELLS AND TANK SITES
BID OPENING DATE: JUNE 18, 2024 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: DELIVER/ COURIER TO:

CITY CLERK CITY CLERK

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

No Bidder may withdraw its Bid for a period of ninety (90) days after the date set for the opening thereof.
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5 CALENDAR OF EVENTS
Event Date
IFB Issued MAY 15, 2024
Mandatory Bid Walk MAY 23, 2024 at 08:00 AM
Written Questions Due via Email MAY 31, 2024
Addendum Issued (if required) JUNE 7, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, JUNE 18, 2024 Contract Award Approximately JULY 2024
Bid Walk: A MANDATORY bid walk is scheduled for May 23, 2024 beginning at 08:00 AM. The bidders walk will begin at Well #57, 329 10th Street, Modesto, CA. The group will then attend each site together, as sites are behind fenced areas. Bidders must attend the Bid Walk in order to Bid. Bidders should expect to spend 90-120 minutes in total, for bid walk.

Locations as follows:

SMALL SITE MEDIUM SITE LARGE SITE
Well 57
329 10
th Street
Modesto, CA 95354
Well 236
700 Rachelle Drive
Modesto, CA 95351
Tank 12
2616 Elm Ave
Modesto, CA 95358

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

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

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or #25..
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6 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 agreement is awarded.” This IFB is subject to the registration requirement set forth above.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void.

VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, JUNE 18, 2024 the City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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. #25..
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11 • A Bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and 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
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12 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 (10) 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.
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13 All protest appeals to the City Council shall either be delivered to:

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

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

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

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such 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. #25..
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14 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. #25..
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15 BID SUBMITTAL CHECKLIST

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

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

COMPLETE BID ELEMENTS 
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C – Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F – Financial Interest Disclosure
Bid Form G – Support of Local Vendors
Bid Form H – Bidder Company History Statement
Bid Form I – Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L – Subcontractor List
Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #25..
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16 BID FORM A – IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:

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

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

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

4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

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

7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after 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.
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18 (b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

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

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

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

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

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

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

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

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

Title:

Phone (Office):

Phone (Mobile):

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

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

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

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

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

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

The payment of Prevailing Wages is required for this project.

SAMPLE SITES FOR BIDDING PURPOSES: The City has developed a “scope of work” and locations of three well/tank site that will be used for bidding purposes. The sample jobs are indicative of a small site, a medium site, and a large site. The lowest bidder will be determined by the sum of all three sample jobs.

Materials shall be at the Contractors landed cost less any earned discounts, plus a markup of 15% plus sales tax.

SAMPLE JOB 1:

SMALL SITE - WELL #57, 329 10TH ST., MODESTO, CA 95354
STATE ESTIMATED HOURS TO COMPLETE JOB: ____________________________ Description Qty Unit Price
Painting of Discharge Water Lines 1 JOB $_______________________________ Painting of Standby Generator 1 JOB
Painting of Electrical Motor, Cabinets and Conduits 1 JOB

TOTAL BID PRICE FOR REPRESENTATIVE SAMPLE JOB
(All Inclusive Materials and Labor): $_______________________________ SAMPLE JOB 2:

MEDIUM SITE – WELL #236, 700 RACHELLE DRIVE, MODESTO, CA 95351 STATE ESTIMATED HOURS TO COMPLETE JOB: ____________________________ Description Qty Unit Price
Painting of Fiberglass Shelters 1 EA $_______________________________ Painting Carbon Steel Tank (GAC) 2 EA $_______________________________ Painting of Discharge Water Lines 1 JOB $
Painting of Electrical Motors, Cabinets and Conduit 1 JOB $_______________________________ #25..
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22 MISC FEES INCLUDING EQUIPMENT,

DESCRIBE
1 LOT
$

TOTAL BID PRICE FOR REPRESENTATIVE

SAMPLE JOB
(All Inclusive Materials and Labor): 1 JOB
$

TOTAL BID PRICE FOR REPRESENTATIVE SAMPLE JOB
(All Inclusive Materials and Labor):

SAMPLE JOB 3:

LARGE SITE – TANK 12, 2616 ELM AVE, MODESTO, CA 95358
STATE ESTIMATED HOURS TO COMPLETE JOB: ____________________________ Description Qty Unit Price
Painting of Block Building, Doors, Walls and Trim 1 JOB $_______________________________ Painting of Discharge Water Lines 1 JOB $_______________________________ Painting of Electrical Motors, Cabinets and Conduit 1 JOB $ Painting of Storage Tanks 1 JOB $_______________________________

PLEASE INCLUDE ITEMIZED MISC FEES

INCLUDING EQUIPMENT, DESCRIBE
1 LOT
$

TOTAL BID PRICE FOR REPRESENTATIVE SAMPLE JOB
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23 SUM TOTAL OF ALL 3 SAMPLE JOBS $_________________________________ Pricing Schedule
Item Description QTY
Unit of
Measure
(UOM)
Price
1 Painter – Regular Hourly Rate 1 Hourly $
2 Painter – Overtime Hourly Rate 1 Hourly $
3 Painter – Weekend/Holiday Hourly Rate 1 Hourly $
Paint – State Paint Brand and Paint Type
4 Paint - 1 Gallon $
5 Paint - 1 Gallon $
6 Paint - 1 Gallon $
7 Paint - 1 Gallon $
8 Paint - 1 Gallon $
9 Paint - 1 Gallon $
10 Paint - 5 Gallon $
11 Paint - 5 Gallon $
12 Paint - 5 Gallon $
13 Paint - 5 Gallon $
14 Paint - 5 Gallon $
15 Paint - 5 Gallon $
16 Paint -
Equipment QTY
Unit of
Measure
(UOM)
Price
17 18
19 20
21 22
23 Other QTY
Unit of
Measure
(UOM)
Price
24 25
26 27
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24 The payment of Prevailing Wages is required for this project.

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

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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25 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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26 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:
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27 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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28 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.

Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:
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29 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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30 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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31 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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32 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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33 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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34 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

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

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

C. Required Licenses: The successful bidder shall provide proof of a valid State of California contractor’s license: C-33 – Painting and Decorating Contractor. The Contractor shall maintain a valid State of California contractor’s license of one of the preceding type 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 preceding type, 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 License from the City of Modesto. Business License information may be obtained by calling (209) 577-5389. The successful bidder shall maintain a City of Modesto business license for the duration of the agreement.
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35 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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36 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto, Utilities Department, Water Division, operates approximately 102 water wells and 13 storage tank sites located in and around Modesto, Salida, Turlock, Grayson, Del Rios, Ceres, and Empire. The work covered by these specifications consist of furnishing the painting of these wells and tank sites for the City.

1.2 TECHINCAL SPECIFICATIONS:

The Contractor shall be responsible for all work related to painting of well and tank sites, including but not limited to:

1. Furnishing all labor, materials, supplies, equipment, fuel, tools and insurance necessary to perform the required services.

2. All work shall be done in a professional manner.

3. The Contractor shall be responsible for all work and safety requirements at the job site. Contractor shall adhere to all State, City codes and laws, and Occupational Safety and Health Administration (OSHA) requirements, pertaining to the services described in this IFB document.

4. A detailed log of work completed for each job shall be given to the City Representative at time of invoicing. The City Representative shall identify requirements for invoice detail.

5. Any additional work outside of the scope of service specified in the bid shall be billed at the hourly rate. The Contractor shall submit a quotation to the City Representative for review and approval.

Materials shall be at the Contractors landed cost less any earned discounts, plus a markup of 15% plus sales tax. When called for by the City, the Contractor shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the City.

1.3 DEFINITIONS:

Paints: Manufacturer’s best ready-mixed coatings, except when field catalyzed, with fully ground pigments having soft paste consistency and capable of being readily and uniformly dispersed to complete homogenous mixture, having good flowing and brushing properties, and capable of drying or curing free of streaks or sags.

1.4 SUBMITTALS:

Manufacturer’s instructions: Submit in accordance with requirements for Product Data, include:

1. Special requirements for transportation and storage.

2. Mixing instructions.

3. Shelf life.

4. Pot life of material.

5. Precautions for applications.

6. Surface preparation.

7. Method of application.

8. Recommended number of coats.

9. Recommended thickness of each coat.

10. Recommended total thickness.

11. Drying time of each coat, including prime coat.

12. Required prime coat.

13. Compatible and non-compatible prime coats.
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37 14. Recommended thinners, when recommended.

15. Limits of ambient conditions during and after application.

16. Time allowed between coats.

17. Required protection from the sun, wind and other conditions.

18. Touch-up requirements and limitations.

19. Safety Data Sheets (SDS)

1.5 QUALITY ASSURANCE:

1. Products: First lien or best grade.

2. Materials for each point system: By single manufacturer.

3. Applicator qualifications: Applicator of products similar to specified products with minimum 3 years of experience.

4. Regulatory requirements: Comply with by using paints that do not exceed governing agency’s Volatile Organic Compounds (VOC) limits or do not contain lead.

1.6 ENVIRONMENTAL CONDITIONS:

1. Surface moisture contents: Do not paint surfaces that exceed manufacturer specified moisture contents.

2. Do not paint or coat:
a. Under dusty conditions.
b. When ambient or surface temperature is less than 50 degrees Fahrenheit or unless manufacturer allow a lower temperature.
c. When relative humidity is higher than 85 percent unless manufacturer allows a higher relative humidity.
d. When surface temperature exceeds the manufacturer’s recommendation. e. When ambient temperature exceeds 90 degrees Fahrenheit unless manufacturer allows a higher temperature.

1.7 PROTECTION:

1. Protect adjacent surfaces from paint and damage. Repair damage resulting from inadequate or unsuitable protection.

2. Furnish sufficient drop cloths, shields, and protective equipment to prevent spray or droppings from fouling surfaces not being painted and in particular, surfaces within storage and preparation area.

3. Place cotton waste, cloths, and material that may constitute fire hazard in closed metal containers and remove daily from site.

4. Remove electrical plates, surface hardware, fittings, and fastenings, prior to painting operations. a. Carefully store, clean, and replace on completion of painting in each area. b. Do not use solvent or degreasers that may remove permanent lacquer finish to clean hardware.

1.8 INSPECTION:

1. Thoroughly examine surfaces scheduled to be painted before starting work.

2. Start painting when unsatisfactory conditions have been corrected. #25..
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38 1.9 APPLICATION:

All surfaces shall be pressure washed and dried prior to painting.

1. Spot prime as needed and apply two coats of finish paint.

2. Some of the sites are equipped with plumbing that is epoxy lined and coated. Special attention shall be given to these types of mechanical equipment for priming. Paint that has peeled off of the surfaces within one-year of painting will require warranty repair.

3. Apply each coat at proper consistency.

4. Do not apply finishes on surfaces that are not sufficiently dry.

5. Allow each coat of finish to dry before following coat is applied, unless directed otherwise by manufacturer.

6. Backprime exterior woodwork, which is to receive paint finish, with exterior primer paint.

7. Backprime interior woodwork, which is to receive paint or enamel finish, with enamel undercoat paint.

8. Prime top and bottom edges of wood and metal doors with enamel undercoat when they are to be painted

1.10 MECHANICAL AND ELECTRICAL EQUIPMENT:

1. Prime and paint insulated and bare pipes, conduits, boxes, insulated and bare ducts, hangers, brackets, collars, and supports, except where items are plated or covered with prefinished coating.

2. Replace identification markings on mechanical or electrical equipment when painted over or spattered.

3. Paint exposed conduit and electrical equipment occurring in finished areas with color and texture to match adjacent surfaces.

4. Do Not Paint over any safety or manufacture sign stickers or labels and or placards on any surface. (Mask off areas of signage)

1.11 CLEANING:

1. As work proceeds and upon completion, promptly remove paint where spilled, splashed or spattered.

2. During progress of work, keep premises free from unnecessary accumulation of tools, equipment, surplus materials, and debris.

3. Upon completion of work, leave premises neat and clean.

1.12 GENERAL SPECIFICATIONS:

The types of items that shall be painted at the well and tank sites include, but are not limited to:

1. Fiberglass Buildings

2. Block Buildings, Walls and Trims

3. Graffiti abatement

4. Discharge Water Lines

5. Electrical Motors, Cabinets and Conduits

6. Metal Buildings, Doors and Trims

7. Stand-by Generators

8. Storage Tanks

9. Exterior Wooden Offices, Gates and Doors

10. Carbon Steel Tanks (GAC)
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TANK SITES
39 1.13 PAINT REQUIREMENTS:

The types of paints, colors, and items to be painted are listed below. Unknown paint colors will match existing.

Comparable products or Substitutions shall be submitted as an exception at the time of bid and will require approval by the City Representative.

Base Paint* Finish Color Item Description
Kelly Moore – Direct To
Metal - KM 5885 DTM
Semi-gloss Smokey Beige Tanks, Pipes, Fiberglass buildings, Motors Kelly Moore – Direct To
Metal - KM 5885 DTM
Semi-gloss Smokey Beige Metal buildings
Kelly Moore – Direct To
Metal - KM 5885 DTM
Semi-gloss Black Generator – Lower
Kelly Moore – Direct To
Metal - KM 5885 DTM
Semi-gloss Smokey Beige Generator – Top
Kelly Moore – Direct To
Metal - KM 5885 DTM
Semi-gloss Safety Yellow Bollards (Crash Posts)
KM, 00-016-MO Semi-gloss Gray Electrical cabinets, Conduit, and Switch gear Kelly Moore – Acry-Shield
- KM 1250 Latex Enamel
Semi-gloss Pure White Trim
Kelly Moore – Acy-Shield
- KM 1240 Latex
Flat Pure White Wooden Gates, Office, Metal Doors
Industrial Enamel Satin Green Transformer
*Please use a Sherwin Williams equivalent for all Kelly Moore paints. Colors listed are from Sherwin Williams.

1.14 JOB PLANS AND WORK ORDER:

The City and the Contractor shall meet at the proposed well/tank site at an agreed upon time where a job walkthrough and “scope of work” instructions will be given. At that time, the Contractor will measure all work and then submit a quotation to the City Representative for review and approval. The quotation will be delivered either by person or by email to the City Representative within five (5) days of the initial meeting. The quotation shall be all-inclusive for the job, and pricing shall be based on the unit pricing of bidder submittal for this IFB.

Contractor shall include start date with work order. The City and the Contractor shall sign the work order before any work begins.

1.15 WORK SCHEDULE:

1. Work shall be scheduled through the City’s Representative. Each day the Contractor shall work on a specific site until the job is completed.

2. All work shall be performed Monday through Friday 7:00 a.m. to 3:30 p.m., excluding all major holidays. City staff may be present while agreement work is performed. Arrangements can be made if necessary to work after hours with prior authorization from the City. #25..
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TANK SITES
40 1.16 START OF JOB:

Contractor shall start each job within fifteen (15) calendar days from the signed work order date.

1.17 SITE LOCATION ADDRESSES:

Attachment A contains all well and tank sites locations within Modesto and surrounding areas. The list represents a general idea of what the City plans on painting within the next five years. The Water Division does not have any specific site identified as of yet for each of those five years, however, the City paints approximately 8 small sites, 11 medium sites, and 4 large sites annually. No quantities guaranteed or implied.

Each site varies in size and is noted below. Sites may be subject to change. The Pricing Schedule depicts samples of the painting jobs.

1.18 BARRICADES:

The Contractor shall place barricades and/or safety ribbon as necessary to restrict access to the work areas. The Contractor shall be responsible for maintaining access control of the work areas from the time work begins until the time the work site is returned to it’s pre-project condition, including paving and cleanup. The City shall be responsible for clearing the area of vehicles before Contractor begins job.

1.19 ADDITIONAL AND EMERGENCY PROTECTION:

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

1.20 CLEAN UP:

Prior to requesting final inspection, the Contractor shall carefully clean up and remove all surplus materials and/or debris of any type resulting from the Contractor’s work from the work site and shall dispose of all materials and debris in a proper manner. The work site shall be left clean and neat.

1.21 DISPOSAL OF MATERIALS:

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

Contractor shall furnish proof of disposal.

1.22 WARRANTY:

Notwithstanding any other provisions of this bid, bidder warrants that the materials, supplies, or other services furnished shall be on the most suitable grade and exactly as specified in this bid. 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 their expense, such defects as are reported within thirty (30) days of 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 order. All materials, parts, labor, assemblies, and components shall be subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto. #25..
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41 1.23 CONTRACTOR’S RESPONSIBILITY FOR WORK:

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

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

The Contractor shall be responsible for and remedy all defects arising from faulty, improper, or inferior workmanship, or parts and materials discovered in any part of the work, during one year after the completion and acceptance of the work. The Contractor shall respond to remedy defects in a timely manner (Two Weeks).

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

1.24 CHARACTER OF WORKERS:

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

1.25 LABOR FORCE AND SUPERVISION:

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

1.26 DELAY BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, officials, agents or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work but shall give the Contractor no damages for such delay. #25..
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42 1.27 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.

1.28 TERM OF AGREEMENT:

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

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

B. Price increases for subsequent 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, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year. #25..
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PAINTING OF WATER WELLS AND

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43 Attachment A
Well Locations
Well# Address Location Size Well# Address Location Size 1 720 16TH STREET MODESTO MEDIUM 213 2310 LEHI AVENUE CERES MEDIUM 2 110 POPLAR AVE MODESTO MEDIUM 214 924 RICHLAND AVE. MODESTO MEDIUM 3 1179 8TH STREET MODESTO MEDIUM 216 830 PECOS AVE. MODESTO SMALL 6 520 E. MORRIS AVENUE MODESTO SMALL 217 450 BYSTRUM ROAD MODESTO LARGE 7 440 W. MORRIS AVENUE MODESTO SMALL 223 1218 ALAMO AVENUE MODESTO MEDIUM 9 1510 10th ST MODESTO SMALL 225 100 SPENKER AVENUE MODESTO MEDIUM 10 405 5TH STREET MODESTO SMALL 232 1502 GRIMES AVENUE MODESTO SMALL 14 924 VIRGINIA AVENUE MODESTO MEDIUM 236 700 RACHELLE AVENUE MODESTO MEDIUM 16 1730 ARDMORE AVENUE MODESTO SMALL 237 1678 SHIRLEY MODESTO MEDIUM 17 1418 BRONSON AVENUE MODESTO SMALL 241 2001 COX AVENUE MODESTO MEDIUM 21 1700 MCHENRY AVENUE MODESTO SMALL 247 4916 BROOKLYN COURT EMPIRE MEDIUM 25 607 WOODROW AVENUE MODESTO SMALL 250 4314 FINNEY ROAD SALIDA MEDIUM 29 701 ZEFF ROAD MODESTO SMALL 255 902 S. MINRET AVENUE TURLOCK MEDIUM 30 1105 CROWS LANDING ROAD MODESTO SMALL 256 305 HEDSTROM ROAD TURLOCK MEDIUM 33 2099 PRESCOTT ROAD MODESTO SMALL 259 3300 COFFEE RD. [VILLAGE 1] MODESTO MEDIUM 38 238 E. WHITMORE AVENUE MODESTO SMALL 262 2901 FITZPATRICK AVENUE MODESTO SMALL 39 3500 FOREST GLEN DRIVE MODESTO SMALL 264 199 ROBIN HOOD DRIVE MODESTO MEDIUM 40 420 N. RIVERSIDE DRIVE MODESTO SMALL 265 1024 GETTYSBURG WAY MODESTO MEDIUM 41 3427 SAGINAW COURT MODESTO MEDIUM 267 1150 E. ORANGEBURG AVENUE MODESTO MEDIUM 42 3499 SISK ROAD MODESTO SMALL 269 1211 ROSE AVENUE MODESTO MEDIUM 43 3741 CARVER ROAD MODESTO SMALL 271-a 1260 COUNTRY CLUB DRIVE DEL RIO SMALL 45 4029 FARA BIUNDO DRIVE MODESTO SMALL 271-b N/W MCHENRY @ STEWART MODESTO SMALL 46 2290 LINCOLN OAK DRIVE MODESTO SMALL 274 8930 CHARLES STREET GRAYSON MEDIUM 47 3001 DRY CREEK DRIVE MODESTO SMALL 275 2301 EVELLE LANE TURLOCK MEDIUM 48 4417 MCHENRY AVENUE MODESTO SMALL 277 501 CODONI AVENUE MODESTO SMALL 49 2111 CROWS LANDING ROAD MODESTO MEDIUM 278 2016 SCENIC DRIVE MODESTO MEDIUM 50 4000 TULLY ROAD MODESTO SMALL 279 2901 FARRAR AVENUE MODESTO MEDIUM 51 4344 DALE ROAD MODESTO SMALL 281 4900 SISK ROAD SALIDA MEDIUM 52 3001 BEAR CUB LANE MODESTO SMALL 282 7312 HILLCREST DRIVE DEL RIO MEDIUM 53 913 ROSELAWN AVE MODESTO MEDIUM 283 821 MARNI WAY MODESTO MEDIUM 54 3720 ARIA WAY MODESTO SMALL 284 1027 MUSICK AVENUE CERES MEDIUM 56 1140 GRAPHICS DRIVE MODESTO SMALL 285 8 C STREET EMPIRE MEDIUM 57 329 10TH STREET MODESTO SMALL 287 320 SCHOOL AVENUE MODESTO MEDIUM 58 3108 TUXFORD LANE (ALLEY) MODESTO MEDIUM 288 5400 MAXIMILLIAN DRIVE. SALIDA MEDIUM 59 314 YOSEMITE MEADOWS DRIVE MODESTO SMALL 289 7129 BELTIS DRIVE DEL RIO MEDIUM 61 4901 DALE ROAD / KAISER WELL MODESTO MEDIUM 290 5123 DURLEY DRIVE SALIDA MEDIUM #25..
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44 62 3601 SHARON AVE MODESTO MEDIUM 291 3400 YOSEMITE BLVD. MODESTO MEDIUM 63 3911 HONEY CREEK DR MODESTO SMALL 298 5256 PIRRONE CT SALIDA MEDIUM 64 2310 WARM SPRINGS MODESTO MEDIUM 299 5600 PIRRONE ROAD SALIDA MEDIUM 65 2400 MERLE AVENUE MODESTO SMALL 300 1619 SUNRISE AVENUE MODESTO SMALL 66 1834 ESTRELLITA COURT MODESTO MEDIUM 301 1201 S. CARPENTER ROAD MODESTO LARGE 67 4016 LITT RD MODESTO LARGE 304 1201 S. CARPENTER ROAD MODESTO LARGE 68 718 LADD RD MODESTO MEDIUM 305 1218 ALAMO AVENUE MODESTO LARGE 69 8930 CHARLES STREET GRAYSON MEDIUM 306 920 DELBON AVENUE TURLOCK SMALL 70 7111 MCHENRY AVENUE DEL RIO LARGE 307 2237 GLENDALE AVENUE MODESTO LARGE 71 2505 BRENNER WAY MODESTO MEDIUM 308 601 S. MCCLURE ROAD MODESTO SMALL 72 732 SUTTER AVENUE (ALLEY) MODESTO SMALL 310 108 NORTH FRAZINE ROAD MODESTO MEDIUM 204 431 TRASK AVE. MODESTO MEDIUM 312 5130 SOUTH AVENUE EMPIRE MEDIUM 211 904 EDGEBROOK DRIVE MODESTO MEDIUM 313 4400 CARLSON SALIDA MEDIUM 212 236 BEARD AVENUE MODESTO MEDIUM GALLO 153 S SANTA ROSA MODESTO MEDIUM Tank Site Locations (All in Modesto)
T2 329 10TH ST LARGE
T3 701 ZEFF RD LARGE
T4 3720 ARIA WAY (off Sylvan/past Oakdale Road) LARGE
T5 2400 MERLE AVENUE (off Oakdale Road) LARGE
T6 1201 S. CARPENTER ROAD (between Chicago & Houser) LARGE T7 1533 PLUMAS AVENUE (Whitmore and Ustick) LARGE
T8 1218 ALAMO AVENUE (between Crows Landing & 7th Street) LARGE T9 8415 YAMAMOTO WAY LARGE
T10 TANK 10, GALAS (Girasol & Ironside Drive) LARGE
T11 1105 BANGS AVE LARGE
T12 2616 ELM AVENUE (Rosemore & Elm) LARGE
T13 525 CODONI AVE LARGE
T14 718 LADD RD LARGE
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45 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 PAINTING OF WATER WELLS AND TANK SITES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the PAINTING OF WATER WELLS AND TANK SITES as described in IFB 2324-89 attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

AGREEMENT PRICING
Item Description QTY
Unit of
Measure
(UOM)
Price
1 Painter – Regular Hourly Rate 1 Hourly $
2 Painter – Overtime Hourly Rate 1 Hourly $
3 Painter – Weekend/Holiday Hourly Rate 1 Hourly $
Paint – State Paint Brand and Paint Type
4 Paint - 1 Gallon $
5 Paint - 1 Gallon $
6 Paint - 1 Gallon $
7 Paint - 1 Gallon $
8 Paint - 1 Gallon $
9 Paint - 1 Gallon $
10 Paint - 5 Gallon $
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47 11 Paint - 5 Gallon $
12 Paint - 5 Gallon $
13 Paint - 5 Gallon $
14 Paint - 5 Gallon $
15 Paint - 5 Gallon $
16 Paint - 5 Gallon $
Equipment QTY
Unit of
Measure
(UOM)
Price
17 18
19 20
21 22
23 Other QTY
Unit of
Measure
(UOM)
Price
24 25
26 27

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages #25..
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48 earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

CITY Representative is:

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

4. CONTRACTOR REPRESENTATIVE:

Name, Title, Phone, Email Address

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: 2025 through 2026
Year 2: 2026 through 2027
Year 3: 2027 through 2028
Year 4: 2028 through 2029
Year 5: 2029 through 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall #25..
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49 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 by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit it 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. d. Pollution Liability – Asbestos pollution liability and/or errors and omissions applicable to the work being performed, with a limit not less than $1,000,000 per claim or occurrence of $2,000,000 aggregate per policy period of one year.
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50 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 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 #25..
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51 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:

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

9. ATTORNEYS’ FEES:

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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 ten (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 #25..
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53 the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the 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 #25..
- 1489 -
54 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 agreements for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, #25..
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55 rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

13. FAILURE TO PERFORM SATISFACTORY WORK:

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

14. ASSIGNMENT OF RIGHTS:

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

15. CITY PROCESS/PROCEDURE APPROVALS:
#25..
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56 CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. DIR REGISTRATION:

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

18. NOTICES:

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
#25..
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57 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

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

20. QUANTITIES:

No minimum or maximum is guaranteed or implied.

21. FUNDING:

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

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

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment #25..
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58 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 agreement 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 twenty-four (24) hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

24. CONTRACTOR LICENSES & PERMITS:

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

25. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, #25..
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59 memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT:

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

27. INDEPENDENT CONTRACTOR; NOT AGENT:

28. DRUG FREE WORKPLACE:

29. ASSIGNMENT:
#25..
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60 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:

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
#25..
- 1497 -
Anaheim, CA Bakersfield, CA
North Highlands,
CA Rio Linda, CA
Techno Coatings,
Inc.

Unified Field
Services
Corporation
All Star Painting
KD Inc.

HB Restoration
Inc.

Small Site - Well 57, 329 10th St.

Modesto, CA 95354 Qty Unit Price Price Price Price
Painting of Discharge Water Lines 1 Job $ 5,613.82 $ 7,002.00 $ - $ 1,315.00 Painting of Standby Generator 1 Job $ 3,119.58 $ 5,988.00 $ - $ 2,115.00 Painting of Electrical Motor,
Cabinets and Conduits 1 Job $ 3,310.81 $ 5,677.00 $ - $ 1,315.00 $ 12,044.21 $ 18,667.00 $ - $ 4,745.00
64 90 - 16
Medium Site - Well 236, 700
Rachelle Drive, Modesto, CA
95351 Qty Unit Price Price Price Price
Painting of Fiberglass Shelters 1 Job $ 3,119.58 $ 2,790.00 $ - $ 1,565.00 Painting Carbon Steel Tank
(GAC) 1 Job $ 18,777.70 $ 25,254.00 $ - $ 4,425.00
Painting of Discharge Water Lines 1 Job $ 8,387.09 $ 18,307.00 $ - $ 1,465.00 Painting of Electrical Motors,
Cabinets and Conduit 1 Job $ 3,119.58 $ 12,193.00 $ - $ 1,465.00 Misc. Fees including Equipment 1 Lot $ - $ 2,500.00 $ - $ 1,000.00 $ 333,403.96 $ 61,044.00 $ 10,920.00 - $
176 240 - 48
Large Site - Tank 12, 2616 Elm
Ave. Modesto, CA 95358 Qty Unit Price Price Price Price Painting of Block Building, Doors,
Walls and Trim 1 Job $ 31,715.63 $ 62,708.00 $ - $ 8,850.00 Painting of Discharge Water Lines 1 Job $ 8,387.09 $ 51,279.00 $ - $ 3,550.00 Painting of Electrical Motors,
Cabinets and Conduit 1 Job $ 3,119.58 $ 45,859.00 $ - $ 4,950.00 Painting of Storage Tanks 1 Job $ 244,692.82 $ 141,761.00 $ - $ 27,600.00 Misc. Fees including Equipment 1 Lot $ - $ 2,500.00 $ - $ 1,500.00 $ 287,915.13 $ 304,107.00 $ 46,450.00 - $
1501 1644 - 80
$333,363.30 $383,818.00 Withdrawal of Bid $62,115.00
X
Anaheim, CA Bakersfield, CA
North Highlands,
CA Rio Linda, CA
Techno Coatings,
Inc.

Unified Field
Services
Corporation
All Star Painting
KD Inc.

HB Restoration
Inc.
$40.80/HR $63.73/HR
Fringe Benefit Rate $22.93/HR $0.95/HR
Labor Markup (Percent) 75% 20%
Price Per Service $111.52/HR $77.62/HR
$45.77/HR $45.60/HR
$61.58/HR $21.45/HR
10% 57%
$118.08/HR $105.27
$68.40/HR
$21.45/HR
57%
$141.06/HR
$44.77/HR $43.10/HR
$60.80/HR $21.45/HR
10% 57%
$116.13/HR $101.34/HR
$64.65/HR
$21.45/HR
57%
$135.18/HR
$31.42/HR
$50.94/HR
10%
$102.86/HR
Labor Markup (Percent)
Fringe Benefit Rate
Direct Labor Rate
Foreman
Lowest Bidder
Lowest Responsive and Responsible Bidder: HB Restoration, Inc., Rio Linda
Price Per Service
Labor Markup (Percent)
Fringe Benefit Rate
Direct Labor Rate
Foreman - Overtime
Price Per Service
Price Per Service
Labor Markup (Percent)
Fringe Benefit Rate
Direct Labor Rate
Journeyman - Overtime
Price Per Service
Price Per Service
Labor Markup (Percent)
Fringe Benefit Rate
Direct Labor Rate
5th Period Apprentice
Direct Labor Rate
Labor Markup (Percent)
Fringe Benefit Rate
Direct Labor Rate
Journeyman
Estimated Hours to Complete Job
IFB 2324-89
Painting of Water Wells and Tank Sites
Payment of Prevailing Wages
Painter
Total Price (All inclusive Materials and Labor)
Total Price (All inclusive Materials and Labor)
Estimated Hours to Complete Job
Total Price (All inclusive Materials and Labor)
Estimated Hours to Complete Job
Sum of All 3 Jobs
#25..
- 1498 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 08, 2024
Date: September 12, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Adoption of the City of Modesto Pyrethroid Management Plan CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving the adoption of the City of Modesto Pyrethroid Management Plan and all associated Appendices. (Funding Source: Storm Drain Fund) STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The City of Modesto is regulated under the Stormwater National Pollution Discharge Elimination System (NPDES) Region-wide permit1 and all associated amendments. The Utilities Department, Wastewater Division, Environmental Services Section is responsible for managing and maintaining compliance with the City’s Stormwater NPDES permit.

On June 8, 2017, the Central Valley Regional Water Quality Control Board (Regional Water Board) adopted Resolution R5-2017-0057, the Basin Plan Amendment (BPA) for the control of Pyrethroid Pesticide Discharges2.

On July 10, 2018, the BPA was approved by the State Water Resources Control Board and subsequently approved by the Office of Administrative Law (OAL) on February 19, 2019. 1 Order No. R5-2016-0040-001 issued to the City of Modesto. 2 Additional Information can be found on the Regional Water Board website:
https://www.waterboards.ca.gov/rwqcb5/water_issues/tmdl/central_valley_projects/central_valley_pesticides/pyreth roid_tmdl_bpa/.
#26..
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City Council, October 08, 2024
Adoption of the City of Modesto Pyrethroid Management Plan

Page 2 of 4 ends

The Basin Plan Amendment established a Pyrethroid Control Program (PCP) that requires permit holders to comply with a variety of actions including:
 The development and submittal of a Baseline Monitoring Plan (BMP) and Quality Assurance Project Plan (QAPP) to be approved prior to any BPA related sampling events.
 Monitoring requirements in order to establish baseline levels of Pyrethroid pesticides in the system, as well as continued trend monitoring.
 A conditional prohibition for pyrethroid discharges in concentrations above set standards for the Sacramento and San Joaquin River Basin water bodies with aquatic life beneficial uses.
 The requirement of a Pyrethroid Management Plan (PMP) and all associated documents, including an Integrated Pest Management (IPM) Policy to be developed and submitted to the Regional Water Board for approval by any Permittees who exceed those set pyrethroid discharge standards.

DISCUSSION:

The Wastewater Division submitted the BMP and QAPP to the Regional Water Board for review and approval and completed the first of three (3) baseline sampling events on January 22, 2024.

Upon receipt of the sampling results, it was determined that the City of Modesto exceeded the concentration standard for pyrethroid pesticides, triggering the requirement for the City to develop and submit a PMP.

The Regional Water Board was notified of the exceedance and responded to the City of Modesto, stating that the City shall develop and submit a PMP per all requirements outlined in the PCP. The City must submit a PMP to the Regional Water Board for approval within one (1) year of the exceedance or the Regional Board may pursue enforcement, including potential monetary liability.

The City’s PMP is a document outlining the management practices the City will adhere to in order to effectively reduce the pyrethroid levels in the municipal stormwater discharges. The PMP meets all management practices as described in Section 6c of the BPA including:
 Education and Outreach Activities,
 Pesticide Pollution Prevention Activities, and
 Progress Reports and Adaptive Management.

Additional components of the PMP include an implementation schedule for the above activities, the PMP public outreach website content, the City of Modesto’s Integrated Pest Management Policy, the City of Modesto’s Standard Operating Procedures for the administration of Pesticides and Herbicides, and a contract clause to be included in all Vendor contracts that require application of pesticides and herbicides. These associated documents are submitted as Appendices and meet the BPA’s management practices requirement.

The City’s IPM Policy governs City of Modesto employees, contractors hired by City departments, and all persons acting under the authority of the City in the care and maintenance of City facilities, landscaped areas, and rights-of-way (Appendix C). #26..
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City Council, October 08, 2024
Adoption of the City of Modesto Pyrethroid Management Plan

Page 3 of 4 ends

Due to the City’s exceedance of the conditional prohibition pyrethroid trigger during the first sampling event of the Pyrethroid Baseline Monitoring, the City is required by the State Water Board to develop and submit for approval a PMP and all associated Appendices. These items are being presented to the City’s governing body for formal adoption prior to submittal to the Regional Water Board.

FISCAL IMPACT:

There are no costs associated with the approval of the PMP and the IPM Policy. However, there are costs associated with the implementation of various elements of the PMP and IPM. These implementation costs are reflected in the Utilities, Stormwater annual budget:

Fund Cost Center Account
Storm Drain Fund Stormwater Compliance Various
4480 44111 XXXXX
COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on September 09, 2024, where it was recommended to be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution adopting the City of Modesto Pyrethroid Management Plan and all associated Appendices.
#26..
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City Council, October 08, 2024
Adoption of the City of Modesto Pyrethroid Management Plan

Page 4 of 4 ends

Approved by:

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

1. Resolution

2. City of Modesto Pyrethroid Management Plan

3. Appendix A - City of Modesto Pyrethroid Management Plan Implementation Schedule

4. Appendix B – Pyrethroid Management Plan Website Content

5. Appendix C – City of Modesto Integrated Pest Management Policy

6. Appendix D – City of Modesto Standard Operating Procedures for Application of Pesticides and Herbicides

7. Appendix E – City of Modesto Contract Clause for Applicators of Pesticides and Herbicides – Implementation of Integrated Pest Management Methodologies and Standard Operating Procedures

8. Acknowledgment of Exceedance and Intent to Submit a Pyrethroid Management Plan for the City of Modesto
#26..
- 1502 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX

RESOLUTION ADOPTING THE CITY OF MODESTO PYRETHROID

MANAGEMENT PLAN AND ALL ASSOCIATED APPENDICES
WHEREAS, the City of Modesto is regulated under the Stormwater National Pollution Discharge Elimination System (NPES) Region-wide permit and all associated amendments; and
WHEREAS, the Utilities Department, Wastewater Division, Environmental Services Section is responsible for managing and maintain compliance with the City’s Stormwater NPDES permit; and
WHEREAS, on June 8, 2017, the Central Valley Regional Water Quality Control Board (Regional Water Board) adopted Resolution R5-2017-0057, the Basin Plan Amendment (BPA) for the control of Pyrethroid Pesticide Discharges; and WHEREAS, on July 10, 2018, the BPA was approved by the State Water Resources Control Board and subsequently approved by the Office of Administrative Law on February 19, 2019; and
WHEREAS, the BPA established a Pyrethroid Control Program that requires permit holders to comply with a variety of actions; and WHEREAS, the Wastewater Division submitted the BMP and Quality Assurance Project Plan to the Regional Water Board for review and approval and completed the first of three (3) baseline sampling events on January 22, 2024; and WHEREAS, it was determined that the City of Modesto exceeded the concentration standard for pyrethroid pesticides, triggering the requirement for the City to develop and submit a PMP; and
WHEREAS, the Regional Water Board was notified of the exceedance and #26..
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10/8/2024/Utilities/JDaniels/Item # 2 2024-XXX
responded to the City of Modesto, stating that the City shall develop and submit a PMP to the Regional Water Board for approval within one (1) year of the exceedance or the Regional Board may pursue enforcement, including potential monetary liability; and WHEREAS, the City’s PMP is a document outlining the management practices the City will adhere to in order to effectively reduce the pyrethroid levels in the municipal stormwater discharges. The PMP meets all management practices as described in Section 6c of the BPA; and
WHEREAS, additional components of the PMP include an implementation schedule for the above activities, Appendix A, the PMP public outreach website content, Appendix B, the City of Modesto’s Integrated Pest Management Policy, Appendix C, the City of Modesto’s Standard Operating Procedures for the administration of Pesticides and Herbicides, Appendix D, and a contract clause to be included in all Vendor contracts that require application of pesticides and herbicides, Appendix E; and WHEREAS, the City’s IPM Policy governs City of Modesto employees, contractors hired by City departments, and all persons acting under the authority of the City in the care and maintenance of City facilities, landscaped areas, and rights-of-way; and WHEREAS, due to the City’s exceedance of the conditional prohibition pyrethroid trigger during the first sampling event of the Pyrethroid Baseline Monitoring, the City is required by the State Water Board to develop and submit for approval a PMP and all associated Appendices.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby adopts the City of Modesto Pyrethroid Management Plan and all associated Appendices.
#26..
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10/8/2024/Utilities/JDaniels/Item # 3 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of October, 2024, by ______________________, who moved its adotion, which motion being duly seconded by _____________________ was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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M A Y 2 0 2 4

C I T Y O F M O D E S T O
Pyrethroid Management Plan
P R E P A R E D B Y :

P R E P A R E D F O R :
#26..
- 1506 -
This Pyrethroid Management Plan is based on a framework that was developed by Larry Walker Associates, Inc. in March 2020 in collaboration with the following agencies:

City of Ceres
City of Escalon
City of Grass Valley
City of Lathrop
City of Lincoln
City of Lodi
City of Manteca
City of Newman
City of Patterson
City of Ripon
City of Riverbank
City of Roseville
City of Stockton
City of Tracy
City of Turlock
City of West Sacramento
City of Yuba City
County of San Joaquin
El Dorado County
Stanislaus County
Mountain House
#26..
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CITY OF MODESTO April 2024 | i

PYRETHROID MANAGEMENT PLAN

T A B L E O F C O N T E N T S
Section Page
1 INTRODUCTION.........................................................................................................................1

1.1 Management Plan Approach.............................................................................................2 2 EDUCATION AND OUTREACH ACTIVITIES .................................................................................3

2.1 Residential Outreach .........................................................................................................3

2.2 Point-of-Purchase Outreach ..............................................................................................4

2.3 Outreach Regarding Pest Control and Landscape Professionals .......................................5

2.4 Outreach for Landscape and Irrigation Practices ..............................................................5 3 PESTICIDE POLLUTION PREVENTION ACTIVITIES ......................................................................7

3.1 Practices to Reduce Pesticide Use.....................................................................................7

3.2 Implementation of Integrated Pest Management Policies and Practices .........................8

3.3 Participation in Pesticide Regulatory Processes ................................................................8 4 PROGRESS REPORTS AND ADAPTIVE MANAGEMENT.............................................................10

4.1 Reporting Requirements .................................................................................................10

4.2 Report Approach and Content ........................................................................................10

4.3 Adaptive Management....................................................................................................10 List of Appendices
Appendix A. Pyrethroid Management Plan Implementation Schedule Appendix B. Pyrethroid Management Plan Website Content
Appendix C. Integrated Pest Management Policy
Appendix D. Standard Operating Procedures for Application of Pesticides and Herbicides Appendix E. Contract Clause for Applicators of Pesticides and Herbicides #26..
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CITY OF MODESTO April 2024 | ii

PYRETHROID MANAGEMENT PLAN
Page intentionally left blank
#26..
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CITY OF MODESTO April 2024 | 1

PYRETHROID MANAGEMENT PLAN
1 INTRODUCTION
On June 8, 2017, the Central Valley Regional Water Quality Control Board (Regional Water Board) adopted Resolution R5-2017-0057, the Basin Plan Amendment (BPA) for the Control of Pyrethroid Pesticide Discharges.1 The BPA was subsequently approved by the State Water Resources Control Board on July 10, 2018 and the Office of Administrative Law (OAL) on February 19, 2019. The United States Environmental Protection Agency (USEPA) approved the Pyrethroid Total Maximum Daily Loads (TMDLs) for the nine urban creeks in Sacramento and Roseville on April 22, 2019. With these approvals, the TMDLs and BPA became fully approved and effective. The BPA established a Pyrethroid Control Program that includes a variety of actions including, but not limited to:
 Monitoring requirements to assess baseline conditions, as well as continued trend monitoring.
 A conditional prohibition for pyrethroid discharges in exceedance of numeric triggers for Sacramento and San Joaquin River Basin water bodies with the aquatic life beneficial uses.
o If the numeric triggers are exceeded, the conditional prohibition requires the development and submittal of a Pyrethroid Management Plan (PMP) to reduce pyrethroid levels in discharges to the maximum extent practicable.

The City of Modesto (City) is regulated under the Region-wide Permit,2 is subject to the Pyrethroid BPA conditional prohibition, and is required to conduct monitoring (as a Phase I stormwater program).

The baseline monitoring was initiated in fiscal year 2023-2024 consistent with the approved Quality Assurance Program Plan (QAPP). In February 2024, the City notified the Regional Water Board that an assessment of the results indicated that the discharge exceeded the conditional prohibition pyrethroid trigger. As such, the Regional Water Board determined that the City would not have to complete the full year of baseline monitoring and, instead, initiate the development of the PMP3.

This PMP, which includes the finalized agency-specific supplemental materials, is being submitted on behalf of the City.
1 Resolution R5-2017-0057, approved by OAL on February 19, 2019. Additional information is available on the Regional Water Board website.
2 Order No. R5-2016-0040-001 issued to City of Modesto. 3 Letter from Regional Water Board to City, Acknowledgement of Exceedance and Intent to Submit a Pyrethroid Management Plan for the City of Modesto, March 1, 2024. Transmitted via email on March 20, 2024. #26..
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CITY OF MODESTO April 2024 | 2

PYRETHROID MANAGEMENT PLAN

1.1 MANAGEMENT PLAN APPROACH
This PMP has been developed by the City to meet the requirements of the BPA and specifically, the conditional prohibition.

As part of the Region-wide Permit, the City currently implements a comprehensive stormwater program with several components that address pesticide management and reduction including, but not limited to, legal authority; public education and outreach; and pollution prevention at municipal facilities and field activities. The PMP builds on these efforts so that it leverages the currently implemented activities, while addressing the requirements of the BPA.

The PMP includes a set of management practices that, taken as a whole, may reasonably be expected to effectively reduce pyrethroid levels in the municipal stormwater discharges. The management practices identified in Section 6c of the BPA were included within the Management Plan. In addition, the City is working collaboratively with over 20 other agencies in the Central Valley Region to implement many of the required components.

The Management Plan is organized as follows:
 Section 2 – Education and Outreach Activities
 Section 3 – Pesticide Pollution Prevention Activities  Section 4 – Progress Reports and Adaptive Management
An implementation schedule for the activities outlined in this Management Plan is provided as Appendix A.
#26..
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CITY OF MODESTO April 2024 | 3

PYRETHROID MANAGEMENT PLAN
2 EDUCATION AND OUTREACH ACTIVITIES
The BPA includes a range of education and outreach activities for the general public that encourage management practices that minimize pesticide runoff. Consistent with the BPA, the City will build on the existing stormwater program activities to implement the following:
 Residential Outreach
 Point-of-Purchase Outreach
 Outreach Regarding Pest Control and Landscape Professionals  Outreach for Landscape and Irrigation Practices

2.1 RESIDENTIAL OUTREACH
The BPA requires the following residential outreach activity (emphasis added):

Undertake targeted outreach programs to encourage communities within a discharger’s jurisdiction to reduce their reliance on pesticides that threaten water quality, focusing efforts on those most likely to use pesticides that threaten water quality, potentially by working with DPR, County Agricultural Commissioners, and the University of California Statewide Integrated Pest Management Program, or other entities as appropriate.

The City will enhance existing, targeted outreach programs that convey messages to residents specific to the proper use and application of pesticides in an urban context, as well as encourage the use of less toxic options to help reduce reliance on pesticides that threaten water quality.

The residential outreach activities that are or will be implemented that specifically support this messaging include the following:
 E-Newsletters – The City sends an e-newsletter to the residents that will include messaging regarding stormwater-related topics, including proper pesticide use and disposal, as well as encouraging the use of less toxic pest control products and methods.  Website – The City4 provides pesticide-specific outreach on their municipal website.

Specific to the PMP, the website includes a range of information for residents, including pesticides and gardening and proper disposal of pesticides. Additional information about hiring pest control and landscape professionals (see Section 2.3), and landscape design and irrigation management to reduce pesticide runoff (see Section 2.4) will be added to the website, as applicable (see Appendix B for content that may be incorporated into the website). The City may also provide pesticide-specific outreach cooperatively with the San Joaquin Valley Stormwater Quality Partnership and its stormwater website, once it is updated.5
Household Hazardous Waste – The City encourages public participation in pesticide reduction efforts by coordinating with the Household Hazardous Waste (HHW) program to encourage proper pesticide disposal.
4 https://www.modestogov.com/2626/Stormwater-Best-Management-Practices 5 http://sjvswqp.org
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 Our Water – Our World (OWOW) – The City is a CASQA member, has subscribed to OWOW, and has contracted with an OWOW IPM Advocate to implement the program.

The IPM Advocate conducts the following activities as a part of the program:
o Mentoring / training for store employees, which allows them to educate the public. o Hosts in-store public outreach events to talk directly with potential customers about options and recommendations for less toxic methods of pest control. o Sets up and maintains in-store racks containing OWOW outreach materials, which provide customers with information regarding the potentially adverse impacts of pesticides on water quality, proper pesticide use and disposal, and less toxic methods of pest control.
 UC Master Gardeners – The City coordinates with UC Master Gardeners6 to provide workshops and training to the community regarding integrated pest management (IPM) and other pesticide-related topics.

2.2 POINT-OF-PURCHASE OUTREACH
The BPA requires the following point-of-purchase outreach activity (emphasis added):

Make available point-of-purchase outreach materials to pesticide retailer(s) in or near the Permittee’s jurisdiction. These materials shall provide targeted information on proper pesticide use and disposal, potential adverse impacts on water quality, and less toxic methods of pest prevention and control.

As noted in Section 2.1, the City is a CASQA member, has subscribed to OWOW, and has contracted with an OWOW IPM Advocate to implement the program. The OWOW IPM Advocate will provide outreach to three stores within the City’s jurisdiction, with implementation beginning in fall 2024. The IPM Advocate is responsible for setting up and maintaining in-store racks containing OWOW outreach materials. These materials and literature provide customers with information regarding the potentially adverse impacts of pesticides on water quality, proper pesticide use and disposal, and less toxic methods of pest control. The OWOW IPM Advocate also visits local stores on a regular basis. Activities at the store visits include the following:
 Interacting with customers to answer questions regarding less toxic and stormwaterfriendly methods of pest control for a variety of pests;  Holding discussions with store employees regarding how to use the blue OWOW “shelf talkers” to identify less toxic pesticides; how to promote IPM to handle specific diseases, insects, or weeds that are of special interest at that time of year; and how to use the OWOW literature rack; and
 Replenishing the literature rack with OWOW materials, including “shelf talkers,” fact sheets in English and Spanish that address specific pests or gardening and pesticiderelated topics, and pocket guides. 6 http://mg.ucanr.edu
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2.3 OUTREACH REGARDING PEST CONTROL AND LANDSCAPE

PROFESSIONALS
The BPA requires the following outreach activity regarding pest control and landscape professionals (emphasis added):

Conduct outreach to Permittee’s residents and businesses who may hire structural pest control and landscape professionals that contains messages that (a) explain the links between pesticide usage and water quality; and (b) provides information about structural pest control IPM certification programs and IPM for landscape professionals.

The City will enhance existing, targeted outreach programs that convey messages to residents and businesses regarding the best approaches and practices for structural pest control and landscape professionals specific to the use and application of pesticides in an urban context, as well as encouraging the use of less toxic options to help reduce reliance on pesticides that threaten water quality and IPM certification. . The outreach activities that are or will be implemented that specifically support this messaging include the following: :
 Website – The City will provide pesticide-specific outreach on its municipal website.7 Specific to the PMP, the website will provide outreach to residents and help them ensure that whoever is hired utilizes IPM and has the required licenses, registration, certificate, and insurance (see Appendix B for content that may be incorporated into the website).

The City may also provide pesticide-specific outreach cooperatively with the San Joaquin Valley Stormwater Quality Partnership and its website, once it is updated.8

2.4 OUTREACH FOR LANDSCAPE AND IRRIGATION PRACTICES
The BPA requires the following outreach activity for landscape and irrigation practices (emphasis added):

Encourage public and private management practices (e.g., landscape design, irrigation management, etc.) that minimize pesticide runoff.

The City will enhance existing, targeted outreach programs that convey messages specific to landscape design and irrigation management that minimize pesticide runoff. The outreach activities that are or will be implemented that specifically support this messaging include the following:
 Website – The City will provide pesticide-specific outreach on its municipal website.9 Specific to the PMP, the website will provide outreach to residents and businesses regarding landscape design and irrigation practices (see Appendix B for content that may be incorporated into the website). The City may also provide pesticide-specific outreach cooperatively with the San Joaquin Valley Stormwater Quality Partnership and its website, once it is updated.10
7 https://www.modestogov.com/2626/Stormwater-Best-Management-Practices 8 http://sjvswqp.org
9 https://www.modestogov.com/2626/Stormwater-Best-Management-Practices 10 http://sjvswqp.org
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 Our Water – Our World (OWOW) – The City is a CASQA member, has subscribed to OWOW, and has contracted with an OWOW IPM Advocate to implement the program.

The IPM Advocate conducts the following activities as a part of the program:
o Host in-store public outreach events to talk directly with potential customers about landscape management recommendations, including irrigation practices optimized for plant health and minimal runoff.
o Filling and maintaining in-store racks with OWOW outreach materials and literature regarding irrigation practices.
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3 PESTICIDE POLLUTION PREVENTION ACTIVITIES
The BPA includes a range of pollution prevention activities for public agencies that reduce reliance on pesticides that adversely impact water quality. Consistent with the BPA, the City will build on the existing stormwater program activities to implement the following pollution prevention BMPs:
 Practices to Reduce Pesticide Use
 Implementation of Integrated Pest Management Policies and Practices  Participation in Pesticide Regulatory Processes

3.1 PRACTICES TO REDUCE PESTICIDE USE
The BPA requires the following practices to reduce pesticide use (emphasis added):

Reduce reliance on pyrethroids and other pesticides that threaten water quality by adopting and implementing policies or procedures that minimize the use of pesticides that threaten water quality in the discharger’s operations and on the discharger’s property.

The activities to reduce pesticide use that will be implemented by the City include the following:
 Pesticide-Related Policies and Procedures – The City has developed and will implement pesticide-related policies and procedures in order to reduce reliance on pyrethroids and other pesticides that threaten water quality. These include the following:
o Integrated Pest Management (IPM) Policy – Adoption and utilization of an IPM Policy. This Policy promotes the protection of the residents and visitors, as well as the local waterways, and utilizes a pest management strategy that promotes the long-term suppression of pest problems with minimum impact on non-target organisms and the environment as well as a reduction in use of pesticides (Section

3.2 and Appendix C).
o Standard Operating Procedures (SOPs) for Application of Pesticides and Herbicides – The SOPs define protocols for the safe routine and non-routine storage, application, and disposal of pesticides to reduce runoff of these chemicals to the storm drain system (Appendix D).
o Contract Language for Applicators of Pesticides and Herbicides – Contract language has been developed that specifies an IPM-based approach be utilized prior to the use and application of pesticides. When pesticides must be used, the Contractor shall follow the procedures within the SOPs for Application of Pesticides and Herbicides (Appendix E).
 Staff Training – The City will train their staff on pesticide-related policies and procedures using external training resources, such as IPM training modules developed by the Central Valley region group.
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3.2 IMPLEMENTATION OF INTEGRATED PEST MANAGEMENT POLICIES

AND PRACTICES
The BPA requires the implementation of IPM policies and practices, as follows:

Develop and implement an Integrated Pest Management policy that:
o Is consistent with IPM as defined by the University of California Statewide IPM Program (UC-IPM) or the California Structural Pest Control Board definition. o Applies to all Permittee staff who conduct or contract for pest management and to pest management vendors under contract to the Permittee. o Assigns responsibilities to a designated staff position and/or department to coordinate Permittee activities and ensure that the IPM policy is implemented.

The IPM policies and practices that will be developed and implemented by the City include the following:
 Integrated Pest Management Policy (Appendix C) – The Policy promotes the protection of the residents and visitors, as well as the local waterways, and utilizes a pest management strategy that promotes the long-term suppression of pest problems with minimum impact on non-target organisms and the environment as well as a reduction in use of pesticides.

Least toxic pesticides are used only after an assessment indicates such a need, consistent with the provisions of this IPM Policy.

3.3 PARTICIPATION IN PESTICIDE REGULATORY PROCESSES
The BPA requires support of pollution prevention through participation in pesticide regulatory processes, as follows (emphasis added):

Track USEPA and DPR pesticide evaluation and registration activities as they relate to surface water quality and encourage these agencies to accommodate urban water quality concerns within their pesticide registration processes. This may include assembling and submitting available information (such as monitoring data) to USEPA and DPR during public comment periods to assist in their pesticide evaluation and registration activities. This best management practice would be implemented most effectively through a cooperative regional or statewide approach.

The City is a member of and participates in the California Stormwater Quality Association (CASQA). One of CASQA’s subcommittees, the Pesticides Subcommittee (PSC) currently conducts a number of activities that assist in tracking and reporting on the USEPA and DPR pesticide evaluation and registration activities. These have generally included the following:
 Regulatory-Related Activities – The PSC addresses pesticide uses that impact stormwater discharges, provides input to EPA and DPR to improve regulations, compiles relevant information, assists members with compliance strategies, and coordinates its activities with other agencies statewide. The types of activities include:
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o Support for the formation of the Urban Pesticides Coordinated Monitoring Program (potential statewide monitoring program);
o Review of scientific literature to update and prioritize the Pesticide Watch List; o Prepare written comments to EPA on its Endangered Species Act Pesticides Risk Assessment proposed procedures and pesticide evaluations and re-registrations.  Annual Report – This report provides a summary of the CASQA efforts that were conducted on behalf of the membership during that reporting year to prevent pesticide pollution in urban waterways.

On an annual basis, CASQA identifies the highest priority activities and implements these activities based on available funding and membership needs. As such, implementation of past activities, such as those described above, is not a guarantee of continued implementation of similar activities in the future.

In addition, the State Water Resources Control Board (State Water Board) is developing Urban Pesticide Amendments (UPAs) to the Inland Surface Waters, Enclosed Bays, and Estuaries Plan and the Ocean Plan. This work effort is a part of the STORMS projects.11 The UPAs are expected to formalize proactive regulation of pesticides by the Department of Regulation (DPR) and identify cost effective activities that can be implemented or supported by the regulated entities. 11 https://www.waterboards.ca.gov/water_issues/programs/stormwater/storms/ #26..
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4 PROGRESS REPORTS AND ADAPTIVE MANAGEMENT

4.1 REPORTING REQUIREMENTS
The BPA requires an annual progress report to document the management practices that have been implemented, evaluate pyrethroid concentrations with respect to the pyrethroid triggers, and identify effective actions to be taken in the future. Accordingly, the City will prepare and submit a progress report by October 1 each year in conjunction with the annual report submittal for the Region-wide Permit. Pending approval of this Management Plan, the first progress report is anticipated to be submitted in October 2025 (for Fiscal Year 2024-2025).

4.2 REPORT APPROACH AND CONTENT
The BPA requires an annual progress report, as follows:

A progress report shall be provided to the Board annually or at a frequency consistent with the discharger’s permit requirements to document the management practices that have been implemented, to evaluate pyrethroid concentrations with respect to the pyrethroid triggers, and to identify effective actions to be taken in the future. The progress report can be included in other reports submitted to the Board, as appropriate.

The City will evaluate the implementation of the required management practices and present the results in narrative, tabular, and/or graphical form, as appropriate. The annual progress report may include, but not be limited to, the following:
 Documentation of the management practices that have been implemented o A narrative summary of BMP implementation, by category (i.e., Education and Outreach Activities and Pesticide Pollution Prevention Activities). o Tabular and/or graphical presentations of BMP implementation, as well as summary statistics or other general descriptors to clearly present the implementation results.
 Evaluation of pyrethroid concentrations with respect to the pyrethroid triggers.  Identification of effective actions to be taken in the future o This information will be identified through the adaptive management process (see Section 4.3).

4.3 ADAPTIVE MANAGEMENT
The BPA acknowledges that during the course of Management Plan implementation, if the pyrethroid numeric triggers are not being met, adaptive management may be necessary:

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within a reasonable timeframe. This justification may include actions required by state and federal regulations.

As a part of the reporting process, and on approximately a five-year timeframe, the City will qualitatively evaluate the effectiveness of the Management Plan, as well as the experience that staff has had in implementing the Management Plan, to identify potential modifications and refine the Management Plan approach, as needed.

The Management Plan may be reviewed and revised in the future based on the following:
 Analysis of trend monitoring results (5-10 year period of record);  Completion of the Urban Pesticide Amendments expected to formalize proactive regulation of pesticides by the DPR and identify cost-effective activities that can be implemented or supported by the regulated entities, including the City (see Section 3.3);  Identification by the City of changes to improve the effectiveness of specific Management Plan activities, based on its experience in implementing the stormwater program and the activities described in Section 2 and Section 3.
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APPENDIX
Pyrethroid Management Plan Appendices
Appendix A: Pyrethroid Management Plan Implementation
Schedule
Appendix B: Pyrethroid Management Plan Website Content
Appendix C. Integrated Pest Management Policy
Appendix D. Standard Operating Procedures for
Application of Pesticides and Herbicides
Appendix E. Contract Clause for Applicators of Pesticides and Herbicides
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APPENDIX A
Pyrethroid Management Plan Implementation
Schedule
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APPENDIX B
Pyrethroid Management Plan Website Content
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APPENDIX C
Integrated Pest Management Policy
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APPENDIX D
Standard Operating Procedures for Application of
Pesticides and Herbicides
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APPENDIX E
Contract Clause for Applicators of Pesticides and
Herbicides
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Pyrethroid Management Plan Implementation Schedule
Pyrethroid Management Plan Section and Implementation Annual Implementation Actions J A S O N D J F M A M J

2. Education and Outreach Activities

2.1 Residential Outreach
eNewsletters - Distribute seasonally
Website - Provide pesticide-related outreach, update as needed
OWOW - IPM Advocate to implement the program

2.2 Point-of-Purchase Outreach
OWOW - IPM Advocate to implement the program
eNewsletters - Distribute seasonally

2.3 Outreach Regarding Pest Control and Landscape
Professionals
eNewsletters - Distribute seasonally
Website - Provide pesticide-related outreach, update as needed

2.4 Outreach for Landscape and Irrigation Practices
eNewsletters - Distribute seasonally
Website - Provide pesticide-related outreach, update as needed
OWOW - IPM Advocate to implement the program

3. Pesticide Pollution Prevention Activities

3.1 Practices to Reduce Pesticide Use
Implement the pesticide-related policies and
procedures
Train staff on pesticide-related policies and procedures

3.2 Implementation of Integrated Pest Management
Policies and Practices
Implement IPM-related policies and procedures

3.3 Participation in Pesticide Regulatory Processes
Track USEPA and DPR pesticide evaluation and
registration activities (CASQA)

4. Progress Reports and Adaptive Management

4.2 Annual Progress Report
Submit annual progress report

4.3 Adaptive Management
Implement adaptive management process (~every five
years)
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1.0 Overview
To meet the requirements of the Pyrethroid Control Program, agencies need to implement several education and outreach activities that encourage management practices to minimize pesticide use and runoff. The requirements that will be addressed, in part, using a web-based outreach mechanism include residential outreach, outreach regarding pest control and landscape professionals, and outreach for landscape and irrigation practices (Table 1 and Table 2). The purpose of this document is to identify a framework and content for each page and sub-page of the web-based interface. Once the content is finalized, it can then be incorporated into one or more websites and shared amongst agencies, as needed.

Table 1. Recommended Activities from Scope of Work
Basin Plan Amendment Requirement
Recommended Activity /
Outreach Mechanism
Residential
Point-ofPurchase
Pest Control
and
Landscape
Professionals
Landscape
and Irrigation
Practices
Website
Table 2. Pyrethroid Control Program Requirements to Be Addressed via Web-Based Outreach Basin Plan Amendment Requirement Pyrethroid Management Plan Component Undertake targeted outreach programs to
encourage communities within a discharger’s
jurisdiction to reduce their reliance on pesticides
that threaten water quality, focusing efforts on
those most likely to use pesticides that threaten
water quality, potentially by working with DPR,
County Agricultural Commissioners, and the
University of California Statewide Integrated Pest
Management Program, or other entities as
appropriate.

Residential Outreach
Conduct outreach to Permittee’s residents and
businesses who may hire structural pest control
and landscape professionals that contains
messages that (a) explain the links between
pesticide usage and water quality; and (b)
provides information about structural pest control
IPM certification programs and IPM for landscape
professionals.

Outreach [Regarding] Pest Control and
Landscape Professionals
Encourage public and private management
practices (e.g., landscape design, irrigation
management, etc.) that minimize pesticide
runoff.

Outreach for Landscape and Irrigation Practices
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2.0 Website Framework
The website organizational framework, or site map, is summarized within this section. To ensure that the applicable requirements are effectively addressed, the key target audiences (i.e., residents and businesses), topics, and activities were considered and incorporated into proposed website section titles (Table 3). This framework also provides a placeholder to link the e-newsletters and make them broadly accessible.

Table 3. Website Framework and Sections
Pyrethroid Management Plan Component Proposed Website Sections All Outreach Pesticide Landing Page
 General Pesticide Information
 Pyrethroid Pesticides in Waterways
 Point-of-Purchase
Learn More
 Contact Us
 Subscribe to the E-Newsletter
 E-Newsletter Archive
Residential Outreach Information for Residents
 Pesticides and Gardening
 Disposing of Pesticides
Outreach Regarding Pest Control and Landscape
Professionals
Information for Residents
 Hiring Pest Control and Landscape
Professionals
Information for Businesses
 Hiring Pest Control and Landscape
Professionals
Outreach for Landscape and Irrigation Practices Information for Residents  Landscape Design and Irrigation
Management to Reduce Pesticide Runoff
Information for Businesses
 Landscape Design and Irrigation
Management to Reduce Pesticide Runoff
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General Scope of Work Pyrethroid Management Plan Website Content The framework is structured such that website visitors will be greeted with a Pesticide Landing Page, which will provide basic pyrethroid pesticide information and link to other webpages directed to the key target audiences. This site map is presented in Figure 1. Agencies have two options for providing this outreach: (1) an agency can host all website content on its own stormwater website, or (2) an agency can provide key information on one page, with a link to a more detailed regional Pyrethroid Control Program website. Some overlap exists between the information to be provided for residents and businesses. The website content is detailed in Section 3.0.

Figure 1. Website Site Map
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2.1. Option 1: Website Content Hosted on Individual Agency Stormwater Page If the website content will be hosted directly on an individual agency’s stormwater page, the content and framework can be used as presented in Section 3.0. Look for the blue highlighted text throughout the content sections for areas where the content can be customized to your local agency. #26..
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2.2. Option 2: Website Content Hosted on Regional Pyrethroid Control Program Website If agencies decide to host the bulk of the website content on a Regional Pyrethroid Control Program Website, the content and framework can be used with slight modification. A Regional Pyrethroid Control Program Website landing page should be created on each local agency’s stormwater website with the following sections, customized to each agency:
 Point-of-Purchase
 Disposing of Pesticides
 Learn More
Point-of-Purchase
“Point-of-purchase” or “point-of-sale” campaigns are focused efforts to educate and raise awareness among both retailers and consumers so that they can make informed decisions about what types of products are available for sale (retailers) and what products are most effective, least harmful, and ultimately purchased (consumers). Point-of-purchase displays often include materials such as shelf edging or tags and display stands with fact sheets, banners, and other educational materials Our Water – Our World (OWOW) is an example of an established point-of-purchase program that is implemented in retail stores that sell pest control products in northern California.

TAKE ACTION! Next time you visit your local gardening and home supply retailer, look for displays and educational materials about pesticides and which controls are best for each type of pest that you may encounter. You can also click here to find stores near you that participate in the OWOW program.
[Agency-Specific Customization: Additional information can also be provided if there are specific stores that should be highlighted or other aspects of a local program that should be noted.] Disposing of Pesticides
If you have pesticides (liquid or solid) that you no longer need, they must be disposed of properly so that they do not harm you or the environment. Any leftover pesticides must be taken to your local household hazardous waste (HHW) facility. You can find your nearest HHW location by calling the California Environmental Hotline (1-800-253-2687). Residents may only dispose of empty pesticide containers in the trash without rinsing them.
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General Scope of Work Pyrethroid Management Plan Website Content TAKE ACTION! Take your unused pesticides to [Insert information about your municipality’s local hazardous waste collection facility. Include physical address, facility hours, phone number, and website, if applicable].

Learn More
Contact Us
[Insert agency contact information here]
Subscribe to the E-Newsletter
Our e-newsletters contain pesticide-related information for residents and business owners. To have the enewsletter delivered straight to your inbox: [Create a link to an e-newsletter sign-up form, or insert a sign-up form directly on the webpage]
E-Newsletter Archive
View our archive of e-newsletters to learn more about integrated pest management, less-toxic alternatives, and pesticide use and disposal: [Insert a link to the e-newsletter archive page] Our Water, Our World Virtual Workshops [OPTIONAL]
View our archive of virtual workshops provided by Our Water, Our World (OWOW) to learn more about integrated pest management, reading a pesticide label and more: [Insert links to the virtual workshops] Link to the Regional Pyrethroid Control Program Website [Insert links to the Regional Pyrethroid Control Program Website] TAKE ACTION! To properly dispose of
your unused chemicals, take them to the San Joaquin
County Hazardous Waste Facility (7850 R. A.

Bridgeford Street, Stockton, CA 95206). This facility is open to the public, free of charge on Thursdays,
Fridays, and Saturdays from 9 AM – 3 PM. For more
information, call the County Solid Waste Office at
(209) 468-3066 or visit their website:
https://www.sjgov.org/solidwaste/hhw.

EXAMPLE: INDIVIDUAL AGENCY
Image 6. Waste Disposal
Source: https://depositphotos.com/389161950/stock-illustrationwaste-sorting-different-types-of.html TAKE ACTION! Any amount of unused
pesticide must be disposed of at your local household
hazardous waste facility or event. Regardless of what
the label may say, it is illegal in California to dispose of any amount of pesticide in the trash. To properly
dispose of your unused chemicals, take them to the
San Joaquin County Hazardous Waste Facility (7850
R. A. Bridgeford Street, Stockton, CA 95206). This
facility is open to the public, free of charge on
Thursdays, Fridays, and Saturdays from 9 AM – 3 PM.

For more information, call the County Solid Waste
Office at (209) 468-3066 or visit their website:
https://www.sjgov.org/solidwaste/hhw.

EXAMPLE TEXT: INDIVIDUAL AGENCY
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3.0 Website Content
The content for each page is provided within this section. The information covered is consistent with the Basin Plan Amendment requirements, as well as the individual agency Pyrethroid Management Plans that were submitted to the Central Valley Regional Water Quality Control Board. The presentation of information in this section has been streamlined from the site map in Figure 1 and is organized as follows:
 Pesticide Landing Page (Section 3.1)
 General Pesticide Information
 Pyrethroid Pesticides in Waterways
 Point-of-Purchase
 Information for Residents (Section 3.2)
 Pesticides and Gardening
 Disposing of Pesticides
 Information for Residents and Businesses (Section 3.3)  Hiring Pest Control and Landscape Professionals
 Landscape Design and Irrigation Management to Reduce Pesticide Runoff  Learn More (Section 3.4)
 Contact Us
 Subscribe to the E-Newsletter
 E-Newsletter Archive
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3.1. Pesticide Landing Page
The State of California has regulations in place to protect water quality in the Sacramento and San Joaquin River watersheds. The regulations focus on managing pesticide use to prevent harm to aquatic life in our streams and rivers. Such aquatic organisms include fish, reptiles, amphibians, crayfish, mussels, mollusks, and crustaceans.

Any chemicals used in our yard and gardens can be washed off directly into streams and rivers. It is best to use less toxic pesticides or other means of controlling unwanted pests, rather than harmful pesticides. Click here for more information about how pesticides are affecting water quality and how pesticides get into our streams and rivers.

As part of this effort, this website provides information about pesticides, less toxic alternatives to control pests, and integrated pest management for residents and businesses. Small changes made around your home or business—something as simple as not spraying a pesticide on a windy day or addressing a pest issue without using pesticides—can make a big difference in our local water quality.

Look for the TAKE ACTION! items to see how you can make a difference.

Image 1. Stream
Source: https://unsplash.com/photos/ko7Tp_LyAt4
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General Scope of Work Pyrethroid Management Plan Website Content General Pesticide Information
Pesticides and herbicides are used to control unwanted bugs and plants (“pests”) such as insects (ants, wasps), rodents (mice, rats), weeds, or other unwanted organisms. Although efficient, even when used correctly, these chemicals can cause harm to human health or have negative consequences within the environment. It is important to consider less toxic or other alternatives and always follow label instructions when pesticide applications are needed.

TAKE ACTION! Read the label of the pesticide you are thinking about purchasing and select the pesticide carefully. Ensure that it is appropriate for the pest and determine where you will use it. Click here to learn more about how to read a pesticide label [Note – this links to a .pdf]or here for what to look for or here for common questions and answers about pesticide labels.

In California, pesticides are regulated by the Department of Pesticide Regulation (DPR) as well as by the United States Environmental Protection Agency (USEPA). To learn more about why pesticides can be harmful and how they are regulated, visit the following websites:
 United States Environmental Protection Agency (USEPA)  California Department of Pesticide Regulation (DPR)
Image 2. Pesticide Bottle
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General Scope of Work Pyrethroid Management Plan Website Content Pyrethroid Pesticides in Waterways
Although there are many different types of pesticides, one group of pesticides called pyrethroids is of particular concern because they are being found in our local waterways. Pyrethroid pesticides are primarily used for ants, cockroaches, and other insects. However, it takes them a long time to break down into less harmful components once they’re in the environment, which means that they can cause unintended harm to many other types of beneficial insects (e.g., bees, ladybugs) and aquatic life.

TAKE ACTION! Products that contain pyrethroids
typically have active ingredients that end with the letters “- thrin.” When reading the pesticide label, look to see if any of the active ingredients include the following:
 Permethrin
 Bifenthrin
 Cyfluthrin
 Beta-cyfluthrin
 Cypermethrin
 Deltamethrin
 Lambda-cyhalothrin
 Tralomethrin
 Esfenvalerate (an exception to the “-thrin” rule)
If a pyrethroid is an active ingredient, consider other ways that you might address the pest, such as other less toxic pesticides or controls that do not require the use of a pesticide.

To learn more, visit Our Water – Our World: Pesticides and Water Quality.

Image 3. Pesticide Label
Source: Internal Origination
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General Scope of Work Pyrethroid Management Plan Website Content Point-of-Purchase
“Point-of-purchase” or “point-of-sale” campaigns are focused efforts to educate and raise awareness among both retailers and consumers so that they can make informed decisions about what types of products are available for sale (retailers) and what products are most effective, least harmful, and ultimately purchased (consumers). Point-of-purchase displays often include materials such as shelf edging or tags and display stands with fact sheets, banners, and other educational materials Our Water – Our World (OWOW) is an example of an established point-of-purchase program that is implemented in retail stores that sell pest control products in northern California.

3.2. Information for Residents
Pesticides and Gardening
Unwanted insects in your lawn, garden, or home can be a source of frustration and damage the plants that you are trying to grow and maintain. Some pests can also potentially transmit disease. In order to effectively prevent or remove these pests, it is important to understand what is attracting them, how they are entering the home or garden, and what control is best for that specific pest. Approaching pests in this manner will save money, have a longer-lasting effect on the pest, and protect the environment.

TAKE ACTION! The next time you need to address a pest in your home or garden, follow the steps below.

1. Identify if the Bug is Good or Bad
Check if the bug you are seeing is a beneficial insect that eats the “bad” bugs and pollinates your plants. Click here for the 10 Most Wanted Bugs in Your Garden [Note – this links to a .pdf] or here to identify typical beneficial insects.

2. Identify What Controls are Best for Your Pest
The OWOW partnership and the UC Integrated Pest Management Program have detailed information that can help you determine the best method to control your pest.
 English Ants | En Español: Hormigas
 English: Aphids | En Español: Áfidos o pulgones
 English: Bed Bugs | En Español: Chinches
 English: Cockroaches | En Español: Cucarachas
 English: Fleas | En Español: Pulgas
 English: Moles, Voles, Gophers | En Español: Tuzas
 English: Mosquitoes | En Español: Mosquitos
 English: Rats and Mice | En Español: Ratas y Ratones
 English: Snails and Slugs | En Español: Caracoles y babosas  English: Spiders | En Español: Arañas
 English: Yellow Jackets | En Español: Avispas chaqueta amarilla Image 5. Gardening
Source: https://unsplash.com/photos/_Vqx0tE38o
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3. Consider No or Less Toxic Alternatives
First, try control pests with less toxic methods, such as traps, mulch, insecticidal soap, or beneficial insects like ladybugs. To learn more about less toxic pest management methods and products, visit the OWOW partnership or University of California.

4. If You Must Use Pesticides – Follow These Best Practices  Read labels and apply pesticides using recommended amounts and application methods.  Use the least amount of chemical needed. Remember, more is not always better.  Avoid application when it is windy or before it rains.  Don’t overwater the area immediately after pesticide application. Excess water will carry the chemicals straight to the storm drain system and then to the local streams and rivers.  Take care not to spill the product, and don’t rinse spills into the street. If a spill occurs, absorb it with sawdust or kitty litter, sweep the absorbent material into a paper bag, and take absorbent material to your local hazardous waste collection facility. You may also contact your County Agricultural Commissioner or the County Office of Environmental Health to ask how to dispose of the bagged absorbent material.

Additional best practices can be found here.
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General Scope of Work Pyrethroid Management Plan Website Content Disposing of Pesticides
If you have pesticides (liquid or solid) that you no longer need, they must be disposed of properly so that they do not harm you or the environment. Any leftover pesticides must be taken to your local household hazardous waste (HHW) facility. You can find your nearest HHW location by calling the California Environmental Hotline (1-800-253-2687). Residents may only dispose of empty pesticide containers in the trash without rinsing them.

TAKE ACTION! Take your unused pesticides to [Insert information about your municipality’s local hazardous waste collection facility. Include physical address, facility hours, phone number, and website, if applicable].

Image 6. Waste Disposal
Source: https://depositphotos.com/389161950/stock-illustrationwaste-sorting-different-types-of.html TAKE ACTION! Any amount of unused
pesticide must be disposed of at your local household
hazardous waste facility or event. Regardless of what
the label may say, it is illegal in California to dispose of any amount of pesticide in the trash. To properly
dispose of your unused chemicals, take them to the
San Joaquin County Hazardous Waste Facility (7850
R. A. Bridgeford Street, Stockton, CA 95206). This
facility is open to the public, free of charge on
Thursdays, Fridays, and Saturdays from 9 AM – 3 PM.

For more information, call the County Solid Waste
Office at (209) 468-3066 or visit their website:
https://www.sjgov.org/solidwaste/hhw.

EXAMPLE TEXT: INDIVIDUAL AGENCY
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General Scope of Work Pyrethroid Management Plan Website Content EXAMPLE TABLE: REGIONAL WEBSITE WITH INFORMATION FOR MULTIPLE AGENCIES Location Local Household Hazardous Waste Facility
City of Ceres Stanislaus County Household Hazardous Waste Collection Address: 1710 Morgan Road, Modesto, CA 95358
Phone: 209-525-4123
City of Lathrop San Joaquin County Household Hazardous Waste Consolidation Facility Address: 7850 R.A. Bridgeford Street, Stockton, CA 95206 Phone: 209-468-3066
El Dorado County El Dorado Disposal Materials Recovery Facility Address: 4100 Throwita Way, Diamond Springs, CA 95667
Phone: 530-626-4141 or 530-642-0731
El Dorado Hills Fire Station
Address: 3670 Bass Lake Road, El Dorado Hills, CA 95762 Phone: (HHW Hotline) 530-295-4100
South Lake Tahoe Refuse Transfer Station Materials Recovery Facility Address: 2140 Ruth Avenue, South Lake Tahoe, CA 96150
Phone: 530-541-5105
Tahoe Truckee Sierra Disposal
Address: Hwy 89 & Cabin Creek Rd, Truckee, CA 96161
Phone: 530-583-7800
Stanislaus County Stanislaus County Household Hazardous Waste Collection Address: 1710 Morgan Road, Modesto, CA 95358
Phone: 209-525-4123
[Insert Location Name] [Insert HHW Facility Name, Address, Phone] #26..
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3.3. Information for Residents and Information for Businesses [Note: These two sections will be provided within both the “Information for Residents” and “Information for Businesses” pages.]
Hiring Pest Control and Landscape Professionals
When dealing with unwanted pests around your home or business, you may want to hire a pest control service to take care of the problem for you. Pest control professionals have access to different products, specialized training, and other equipment that may be needed in order to manage a serious infestation or problem.

Pest management professionals can learn more about integrated pest management approaches and available training by visiting the UC IPM Program for structural pest management or landscape pest management.

TAKE ACTION! By following these steps, you can support pest control companies that understand and implement integrated pest management and less toxic approaches.

1. Do some research about the pest you have and how it
can be controlled.

2. Ensure the pest control operator has a license issued by the California State Structural Pest Control Board
and any other registrations, certifications, or
insurance required. To verify the license for a pest
control operator, visit the Department for Consumer
Affairs.

3. Hire a pest control operator who is certified as using integrated pest management practices, applies
effective non-chemical strategies first, and knows
how to effectively manage pests. Some questions
that you can ask and things to consider can be found
here and here. Several certification groups can also be helpful in finding a pest control company:
 Eco Wise Certified
 Green Shield Certified
 Green Pro Certified
Image 7. Pest Control
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General Scope of Work Pyrethroid Management Plan Website Content Landscape Design and Irrigation Management to Prevent Pesticide Runoff Proper design and management of the landscaping around our homes and businesses can help prevent pesticide runoff from these areas into local waterbodies. Some ways to reduce your landscaping irrigation needs and keep irrigation water onsite can be found here and here. Discover county-specific tips by using the UC Seasonal Landscape IPM Checklist.

TAKE ACTION! Slow the flow by following the University of California’s Statewide Integrated Pest Management Program recommendations for pesticide-smart landscape design:
 Help water soak into the ground.
 Use stones, pavers, gravel, mulch, or other materials that allow water to soak into the ground in areas where you
don’t have plants.
 Aerate your soil and use organic material, like compost, as well as perforated drainage lines, to reduce areas of water pooling in your landscaping.
 Create landscape features to collect runoff water.
 Consider using trees, rain gardens, terrace walls, rain barrels, or swales (long, shallow, grassy depressions) to hold water within the landscaped area and allow it to soak into the ground rather than draining directly to our surface waterbodies.
 Consider using river-friendly gardening approaches such as selecting appropriate plants, minimizing the use of
chemical pesticides, and creating "hydrozones" by grouping plants according to water needs. Learn more about how to make your yard river-friendly on the Lodi Watershed
Friendly Landscaping website or by following these River-Friendly Landscape Guidelines.  Install and properly operate irrigation systems and equipment.  Make sure your irrigation equipment is working properly by regularly inspecting it and consider installing a “smart” irrigation controller to reduce overwatering.

Image 8. Landscape Design
Source: https://unsplash.com/photos/fv2jr89ajTE
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3.4. Learn More
Contact Us
[Insert agency contact information here]
Subscribe to the E-Newsletter
Our e-newsletters contain pesticide-related information for residents and business owners. To have the enewsletter delivered straight to your inbox: [Create a link to an e-newsletter sign-up form, or insert a sign-up form directly on the webpage]
E-Newsletter Archive
View our archive of e-newsletters to learn more about integrated pest management, less-toxic alternatives, and pesticide use and disposal: [Insert a link to the e-newsletter archive page] Our Water, Our World Virtual Workshops [OPTIONAL]
View our archive of virtual workshops provided by Our Water, Our World (OWOW) to learn more about integrated pest management, reading a pesticide label and more: [Insert links to the virtual workshops] #26..
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4.0 External References (Hyperlinks)
The hyperlinks embedded throughout the website content are provided below, organized by the website section within which they should be linked.

Pesticide Landing Page
 UC IPM: How Are Pesticides Affecting Water Quality:
http://ipm.ucanr.edu/WATER/U/watqual.html
 UC IPM: How Do Pesticides Get into Our Creeks and Rivers:
http://ipm.ucanr.edu/WATER/U/stormdrain.html
General Pesticide Information
 US EPA: Pesticides: https://www.epa.gov/minimum-risk-pesticides/what-pesticide  US EPA: Pesticide Labeling Questions & Answers: https://www.epa.gov/pesticidelabels/pesticide-labeling-questions-answers  CA Department of Pesticide Regulation: https://www.cdpr.ca.gov/  UC IPM: Pesticides and Water Quality: http://ipm.ucanr.edu/WATER/U/watqual.html  UC IPM: How Pesticides Get Into…: http://ipm.ucanr.edu/WATER/U/stormdrain.html  NPIC: Label Graphic: http://npic.orst.edu/outreach/labelinfographic.jpg Pyrethroid Pesticides
 Our Water Our World: https://ourwaterourworld.org/pesticides-and-water-quality/ Point-of-Purchase
 Our Water Our World https://ourwaterourworld.org/our-water-our-word/  Our Water Our World https://ourwaterourworld.org/find-a-store/ #26..
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General Scope of Work Pyrethroid Management Plan Website Content Information for Residents
Pesticides and Gardening
 Our Water Our World https://ourwaterourworld.org/healthy-garden/#  Our Water Our World https://ourwaterourworld.org/pesticide-ingredients/  UC IPM: Less Toxic Insecticides http://ipm.ucanr.edu/QT/lesstoxicinsecticidescard.html  UC IPM: How to Manage Pests http://ipm.ucanr.edu/PMG/PESTNOTES/pn74126.html  10 Most Wanted Bugs in Your Garden pdf (upload pdf to website and link to document) Take Action
 Ants
 English: https://ourwaterourworld.org/ants/
 En Español: https://ourwaterourworld.org/hormigas/
 Aphids
 English: https://ourwaterourworld.org/aphids/
 En Español: http://ipm.ucanr.edu/QT/aphidscardsp.html  Bed Bugs
 English: https://ourwaterourworld.org/bedbugs_2-14-21/  En Español: https://ourwaterourworld.org/chinches/
 Cockroaches
 English: https://ourwaterourworld.org/cockroaches_2-14-21/  En Español: http://ipm.ucanr.edu/QT/cockroachescardsp.html  Fleas
 English: https://ourwaterourworld.org/fleas_2-14-21/
 En Español: http://ipm.ucanr.edu/QT/fleascardsp.html
 Moles, Voles, Gophers
 English: https://ourwaterourworld.org/moles-voles-and-gophers/  En Español: http://ipm.ucanr.edu/QT/gopherscardsp.html  Mosquitoes
 English: https://ourwaterourworld.org/mosquitoes/
 En Español: http://ipm.ucanr.edu/QT/mosquitocardsp.html  Rats and Mice
 English: https://ourwaterourworld.org/rats-and-mice/
 En Español: https://ourwaterourworld.org/ratas-y-ratones/  Snails and Slugs
 English: https://ourwaterourworld.org/snails-and-slugs/  En Español: http://ipm.ucanr.edu/QT/snailslugscardsp.html  Spiders
 English: https://ourwaterourworld.org/spiders/
 En Español: http://ipm.ucanr.edu/QT/spiderscardsp.html  Yellow Jackets
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General Scope of Work Pyrethroid Management Plan Website Content Information for Residents and Information for Businesses Hiring Pest Control and Landscape Professionals
 Department for Consumer Affairs: https://search.dca.ca.gov/  OWOW – hiring a Pest Control Company: https://ourwaterourworld.org/hiring-a-pest-controlcompany/  UC IPM – hiring a Pest Control Company:
http://ipm.ucanr.edu/PMG/PESTNOTES/pn74125.html
 UC IPM – Structural: https://www2.ipm.ucanr.edu/resources-for-structural-pestmanagement-professionals/  UC IPM – Landscape: https://www2.ipm.ucanr.edu/resources-for-landscapeprofessionals/?src=shrtn  Ecowise: https://www.ecowisecertified.com/ecowise_about_standards.html  Green Shield: https://greenshieldcertified.org/for-pest-control-companies/  Green Pro: https://www.npmaqualitypro.org/available-credentials/greenpro/ Landscape Design and Irrigation Management to Prevent Pesticide Runoff  CDWR Water-Efficient Landscaping: https://water.ca.gov/Water-Basics/ConservationTips/Plant-and-Landscape-Guide  Save Our Water: https://saveourwater.com/en/
 UC IPM: http://ipm.ucanr.edu/
 UC IPM: Seasonal Landscape IPM Checklist: https://www2.ipm.ucanr.edu/landscapechecklist/  Lodi Watershed Friendly Landscaping: https://www.lodi.watersavingplants.com/  River-Friendly Landscape Guidelines:
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City of Modesto 1 August 2023
Pyrethroid Management Plan
IPM Policy
City of Modesto Integrated Pest Management Policy
I. PREAMBLE
The City of Modesto is committed to implementing an Integrated Pest Management (IPM) approach to guide the management of its facilities, landscaped areas, and rights-of-way. The IPM approach promotes the protection of the residents and visitors, as well as the local waterways, and utilizes a pest management strategy that promotes the long-term suppression of pest problems with minimum impact on non-target organisms and the environment as well as a reduction in use of pesticides. Least toxic pesticides are used only after an assessment indicates such a need, consistent with the provisions of this IPM Policy.

The adoption of this IPM Policy facilitates compliance with the Phase II Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit and the Basin Plan Amendment (BPA) for the Control of Pyrethroid Pesticide Discharges (Resolution R5-2017-0057).

II. APPROACH
For the purposes of its IPM policy, the City of Modesto adopts the following University of California Statewide Integrated Pest Management1 (UC-IPM) definition:

IPM is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.

III. PURPOSE
It is the purpose and intent of this IPM Policy to:
a) Reduce reliance on and minimize the use of pesticides2 as a part of City operations and on City property and rights-of-way that may adversely impact water quality; and b) Outline how City departments are to perform pest management so that it is consistent with this IPM Policy.

IV. SCOPE
The IPM Policy governs City of Modesto employees and contractors hired by City departments and persons acting under the authority of the City in the care and maintenance of City facilities, landscaped areas, and rights-of-way.
1 https://www2.ipm.ucanr.edu/what-is-IPM/
2 As defined in Section 12753 of Chapter 2 of Division 7 of the California Food and Agricultural Code. See also “Definitions for Use with This Policy.”
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City of Modesto 2 August 2023
Pyrethroid Management Plan
IPM Policy
V. POLICY
It is the policy of the City of Modesto that:

1. Departments performing pest management will conform with the City of Modesto’s IPM Policy.

2. The City’s IPM approach will include the following:
a) Educate and train City of Modesto staff in the IPM program, practices, and policy. b) Require City of Modesto staff and contractors, when applicable, to implement the IPM Policy on all City facilities, landscaped areas, and rights-of-way and to maintain records on and report the types and amounts of pesticides used, as well as IPM methods considered and used to prevent and control pests.
c) Reduce, to the maximum extent practicable, the use and application of pesticides on all City property, facilities, landscaped areas, and rights-of-way. d) Review and consider a no-action approach and/or available non-chemical options before using a chemical pesticide to address pest control issues. e) Review and consider available non-chemical options before using a chemical pesticide. f) Identify pests and least toxic methods to control pests. g) Identify, evaluate, and minimize or eliminate conditions that encourage pest problems. h) Conduct careful and efficient inspection, monitoring, and assessment of pest problems by designated personnel or contractors knowledgeable in IPM methods and decision-making based on best available science and data.
i) Maintain records on IPM methods considered and used to prevent and control pests. j) Comply with all applicable local, State of California (State), and federal regulations for pesticide use and reporting.
k) Refer residents and pest control operators to the City of Modesto’s stormwater program and the Stanislaus Department of Agricultural Weights and Measures for information on less toxic methods of pest control.
l) Provide public access to the City’s IPM Policy.

3. IPM Policy General Requirements
a) Eliminate the use of Toxicity Category I pesticides. b) Minimize the use of Toxicity Category II, III, and IV pesticides. c) Eliminate the use of pesticides that are classified by government agencies as known carcinogens, reproductive toxicants (teratogens, mutagens), endocrine disruptors, carbamates, organophosphates, or groundwater contaminants. d) Develop pest-specific plans to prevent or reduce the incidence of pest problems. e) Use pesticides only when necessary and select a pesticide that is both effective and least toxic.
f) Designate playgrounds on City of Modesto property as pesticide-free. g) Require City of Modesto staff and contractors to reduce the amount of pesticides and herbicides used during municipal operations and activities by implementing the City’s Standard Operating Procedures for Application of Pesticides and Herbicides. #26..
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City of Modesto 3 August 2023
Pyrethroid Management Plan
IPM Policy
VI. IMPLEMENTATION
This IPM Policy shall be implemented by City departments and through an IPM Coordinator. Several areas important to the implementation of the IPM Policy are outlined below, including a description of the IPM Coordinator role.
a. IPM Coordinator
The Environmental Regulatory Compliance Superintendent is designated as the City’s IPM Coordinator and is responsible for coordinating with the departments involved in pest management to ensure that the IPM Policy is implemented. The IPM Coordinator is assisted by the City of Modesto’s Utilities Director or designee.

The primary responsibilities include the following:

1. Education and Training:
a) Communicate the goals and requirements of the IPM Policy to City departments. b) Request and maintain information regarding the City’s IPM trainings offered or attended. c) Provide information to City staff performing pest management as needed to ensure that the requisite IPM practices are implemented.

2. IPM Applications and Guidelines:
a) Ensure City staff and applicable contractors are authorized as Pesticide Applicators and are complying with the City’s IPM Policy.

3. Product Selection and Product Use Approval:
a) Work with City staff performing pest management to develop a form for exemption requests.
b) Ensure that no products on the prohibited use product list are applied unless City of Modesto approves an exemption request.

4. Pesticide Application Contracts:
a) Ensure that contracted pesticide applicators or other applicable contractors are appropriately trained and certified, implement IPM, and follow the City’s pesticide and herbicide standard operating procedures.

5. Record Keeping:
a) Work with City staff performing pest management to develop forms summarizing pesticide use.
b) Provide direction regarding the pesticide application recordkeeping and reporting of the methods and pesticides used/applied on the City of Modesto’s facilities, landscaped areas, and rights-of-way.
c) Review the pesticide application records (Pesticide Use Reports (PURs)) and follow-up reports to ensure that the activities are consistent with the IPM Policy. d) Provide information to the City’s Utilities Director or designee for the stormwater Annual Report or other required reporting, as needed.

Education and Training
Education and training of appointed personnel is critical to the success of the IPM Program. Key staff and contractors involved in pest management or application will be educated in IPM policies and procedures. Education may include classroom training, on-site training, or informal meetings and will typically be held once a year. IPM topics discussed may include, but not be limited to, pest control action thresholds; pest management decisions; pest monitoring and identification; prevention; control; and effectiveness evaluations.
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City of Modesto 4 August 2023
Pyrethroid Management Plan
IPM Policy
IPM Applications and Guidelines
Only persons specifically authorized by the IPM Coordinator as Pesticide Applicators will be permitted to bring or use pesticides on City property, facilities, landscaped areas, and rights-of-way. Pesticide applicators must follow all local, state, and federal regulations and label precautions. Pesticide applicators will have training in IPM and must comply with the City’s IPM Policy.

Product Selection and Product Use Approval
Except for pesticides granted an emergency exemption, the City of Modesto will not use any products on the prohibited use product list below. If it is determined that an EPA registered pesticide must be used, then the least-toxic material will be chosen.

1. Prohibited Use Products: Pesticides used by the City shall not contain the following ingredients:
a) Organophosphates, or organochlorines, or carbamates listed by the United States Environmental Protection Agency (Office of Pesticides Programs, Document 735-F-99-14, May 1999), or California Department of Pesticide Regulation Chemical Inquiries Database.

2. Banned Use Areas: Except in the case of an emergency, no pesticides will be applied on City of Modesto playground properties.

Pesticide Application Contracts
Where pesticide management and/or applications are provided by contractors, the City will contract with IPM-trained and/or IPM-certified pest control applicators. A clause will be included within the contract to ensure that pesticide applicators implement IPM and follow the City’s pesticide and herbicide standard operating procedures.

As detailed in the City’s pesticide and herbicide standard operating procedures, contractors are responsible for the filing of all required records and reports, including, but not limited to, Notice of Intent to Apply and PURs, as specified by all county, State, and federal agencies.

Record Keeping
The City shall maintain records of the IPM methods used and pesticide applications for a period consistent with the City’s record retention policy. This information may also be reported within City stormwater Annual Reports or other required reporting. The information reported shall include the following:

1. All the information listed below will be documented on an official Pest Control recommendation form to be supplied by a Pest Control Adviser (PCA) annually prior to any pest control operation.

The form will include:
a) Name of the entity responsible.
b) Specific site of the application.
c) The target pest.
d) The date the pesticide was used and re-entry period if applicable. e) Date of expiration of the PCA recommendation.
f) Schedule, timing, and conditions.
g) The name and active ingredient of the pesticide to be applied and EPA registration number. h) The pesticide signal word.

2. The IPM Coordinator or PCA will prepare a follow-up record to include:
a) Prevention and other non-chemical methods of control used. b) Chemical methods used.
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City of Modesto 5 August 2023
Pyrethroid Management Plan
IPM Policy
d) If application was undertaken in a pest control emergency, provide explanation of circumstances of the emergency.

VII. RECOMMENDED PEST CONTROL PRODUCTS
The City recommends that the pesticides purchased for use on City facilities, landscaping, or rights-ofway follow the guidelines of the IPM Policy such that they are the most effective and present the lowest risk to the environment. Pesticide application should only be used when needed and in combination with other IPM approaches to ensure effective, long-term control.

Our Water, Our World (OWOW), a program that partners with cities and counties to promote less-toxic, eco-friendly pest solutions and products, has developed lists of less-toxic pesticides that are organized by:
 Brand,
 Pest, and
 Active ingredients.

The products lists are intended to capture less-toxic products that are compatible with IPM policies and can be found on the “Active Ingredients” page of the OWOW website:
https://ourwaterourworld.org/pesticide-ingredients/.

Those purchasing pesticides on behalf of the City should consult these lists prior to selecting a pesticide for purchase. Contracted pesticide applicators should also be encouraged to utilize the lists when purchasing materials for application on City property.

VIII. DEFINITIONS FOR USE WITH THIS POLICY

1. “Basin Plan Amendment” or “BPA” means the regulatory requirements for the Control of Pyrethroid Pesticide Discharges that was adopted by the Central Valley Water Board on June 8, 2017, with the adoption of Resolution R5-2017-0057. The BPA established measurable pyrethroid concentration goals and an implementation program for the control of pyrethroid pesticides that are or could potentially impact aquatic life in the Sacramento and San Joaquin River watersheds.

2. “Contractor” means a person, firm, or corporation or other entity, including a governmental entity that enters into a contract with the City of Modesto.

3. “Integrated Pest Management” or “IPM” means an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.3

4. “IPM Coordinator” means the designated agent or employee experienced in IPM field and office work and is responsible for IPM program coordination for the City of Modesto.

5. “IPM Policy”" means this Integrated Pest Management Policy.

6. “Pest” means any pest as defined in Section 12754.5 of Chapter 2 of Division 7 of the California Food and Agricultural Code. Pest includes any of the following that is or is liable to become, 3 https://www2.ipm.ucanr.edu/what-is-IPM/
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City of Modesto 6 August 2023
Pyrethroid Management Plan
IPM Policy
dangerous or detrimental to the public health or the agricultural or nonagricultural environment of the State:
a) Any insect, predatory animal, rodent, nematode or weed; b) Any form of terrestrial, aquatic, or aerial plant or animal, virus, fungus, bacteria or other microorganism (except viruses, fungi, bacteria or other microorganisms on or in living man or other living animals);
c) Anything that the Secretary of the California Department of Food and Agriculture or the Director of Pesticide Regulation for the California Department of Food and Agriculture by regulation declares to be a pest.

7. “Pest Control Adviser” or “PCA” means any person possessing a current pest control adviser license issued by the California Department of Pesticide Regulation. The PCA license is required for making pest control recommendations in the landscape setting.

8. “Pest Control Operator” or “PCO” means any person possessing a current pest control operator license issued by the California Department of Pesticide Regulation. The PCO license is required when performing structural pest control.

9. “Pest-Specific Plan” means a written plan addressing the management and control of a particular pest. Components of Pest-Specific Plans should include pest biology, impacts, pest thresholds, recommended treatments, monitoring frequency, cultural practices, and site modifications to prevent or reduce the incidence of pest problems.

10. “Pesticide” means pesticide as defined in Section 12753 of Chapter 2 of Division 7 of the California Food and Agricultural Code.4 Pesticide includes any of the following:
a) Any spray adjuvant.
b) Any substance or combination of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling or mitigating any pest which may infest or be detrimental to vegetation, man, animals or households or be present in any agricultural or nonagricultural environment whatsoever.

11. “Pesticide Applicator”' means any person or company hired by a City Department who applies pesticides, as defined in this section, to property owned, leased or managed by the City of Modesto.

12. “Phase II Permit” means the State Water Resources Control Board’s Phase II Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004, Order No. 2013-0001, adopted February 5, 2013, and subsequent reissuances of this Order.

13. “Signal Word” means the toxicity category word on the pesticide label: Danger, Warning, Caution or None Required. See Toxicity Category I; II, III, IV product.

14. “Pesticide Use Report Form” or “PUR” means a document that records pesticide use or other treatment practices within and associated with City owned, managed, or leased structures.

15. “Toxicity Category I; II, III, IV product” means any pesticide, as defined in 40 Code of Federal Regulations Section 156.10, meeting the appropriate toxicity categories and bearing on the front label panel the signal word Danger, Warning, Caution or None Required. 4 https://law.justia.com/codes/california/2020/code-fac/division-7/chapter-2/article-1/section-12753/ #26..
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City of Modesto 1 August 2023
Pyrethroid Management Plan
Standard Operating Procedures
for Application of Pesticides and Herbicides
City of Modesto Standard Operating Procedures for Application of Pesticides and Herbicides

1.0 INTRODUCTION
The purpose of these Standard Operating Procedures (SOPs) is to define protocols for the City of Modesto for the safe routine and non-routine storage, application, and disposal of pesticides to reduce runoff of these chemicals to the storm drain system. In this document, the term “pesticide” includes products used as herbicides. These SOPs are organized as follows:

1.0 Introduction

2.0 Scope

3.0 Procedures

3.1. Storage

3.2. Pesticide Use and Application

3.2.1. Integrated Pest Management (IPM)

3.2.2. Use and Application of Pesticides

3.3. Disposal

3.4. Employee Training

3.5. Effectiveness Evaluation Prior to Re-application

3.6. Record Keeping and Reporting

4.0 References

2.0 SCOPE
The improper storage, use, and disposal of pesticides can contribute to the discharge of these chemicals to the storm drainage system and surface waters. The intent of these SOPs is to provide guidance to City of Modesto staff and contractors to prevent the discharge of pollutants.

These procedures are applicable to any City staff, commonly parks, public works, purchasing, building/grounds maintenance, hazardous materials, and pesticide application staff, and contracted services that apply pesticides.

These procedures are not intended to replace federal or State of California (State) requirements or provide complete directions for storing, applying, or disposing of pesticides. Refer to federal and State requirements for additional information. Consult the manufacturer’s label on each pesticide for use information and chemical-specific safety data sheets (SDSs) for additional safety information.

3.0 PROCEDURES
Procedures for the storage, use, and disposal of pesticides by City staff and contracted services are outlined below.

3.1 Storage
Pesticides shall be stored in such a way as to prevent releases into the surrounding environment and waterbodies and protect the safety of personnel working within the storage area or facility.  Pesticide containers and application equipment shall be stored in a locked enclosure, or a designated person must maintain control over the pesticide containers and application equipment.
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City of Modesto 2 August 2023
Pyrethroid Management Plan
Standard Operating Procedures
for Application of Pesticides and Herbicides
 All doors/entrances to the facility shall be posted with appropriate warning signs, as specified by the California Department of Pesticide Regulation (DPR). All signs shall be legible at a minimum distance of 25 feet from any direction and posted in English and any appropriate additional languages(s).
 Pesticides shall be stored in dry locations in accordance with the manufacturer’s specifications.  No floor drains that are connected to the storm drain system are permitted within storage facilities.
 All pesticides in a storage facility shall either be in the original container or the service container.

All containers must have a copy of the product label attached or be labeled with the name and address of the person or firm responsible for the container, the identity of the pesticide in the container, and the signal word “DANGER,” “WARNING,” OR “CAUTION” from the label of the original container.
 Maintain a current written inventory of all pesticides at the storage site.  It is illegal to place or store pesticides in any type of container that is commonly used for food, drink, or any household products.1

3.2 Pesticide Use and Application

3.2.1 Integrated Pest Management (IPM)
Staff and contracted pesticide applicators shall adhere to the City of Modesto’s IPM Policy, including the following:
a) Require City staff and pesticide application contractors to implement the IPM Policy on all City facilities, landscaped areas, and rights-of-way and to maintain records on and report the types and amounts of pesticides used, as well as IPM methods considered and used to prevent and control pests.
b) Reduce to the maximum extent practicable the use of pesticides. c) Consider taking a “no-action” approach in addressing certain pest control issues. d) Review and consider available non-chemical options before using a chemical pesticide. e) Identify pests and least toxic methods to control pests. f) Identify, evaluate, and minimize or eliminate conditions that encourage pest problems. g) Conduct careful and efficient inspection, monitoring, and assessment of pest problems by designated personnel or contractor knowledgeable of IPM methods. h) Maintain records on IPM methods considered and used to prevent and control pests. i) Comply with all applicable local, State of California (State), and federal regulations, including pesticide use and reporting.
j) Conduct decision-making based on the best available science and data.

3.2.2 Use and Application of Pesticides
The following procedures must be used when applying pesticides.  All pesticide applications are to be made under the supervision of a licensed pesticide applicator holding a Qualified Applicator Licenses (QAL) with the appropriate category for public and municipal landscape. Said person or company is to be currently registered to conduct a pest control business in the State and the City of Modesto’s domain. 1 California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations, Chapter 3. Pest Control Operations, Subchapter 2. Work Requirements, Article 4. Storage, Transportation and Disposal, available at https://www.cdpr.ca.gov/docs/legbills/calcode/030204.htm. #26..
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City of Modesto 3 August 2023
Pyrethroid Management Plan
Standard Operating Procedures
for Application of Pesticides and Herbicides
 Applicators must follow all DPR requirements for posting notifications, personal protective equipment, label information, service container marking, required on-site information, etc., when transporting, mixing/loading, applying, or cleaning equipment.  Applicators must maintain a copy of the SDS for each product, as required by Labor Code Sections 6832 and 6390, General Industrial Safety Order Section 5194, and Title 8, California Administrative Code on-site during any pesticide application.  Pesticide applications are to be made in strict compliance with the product label directions, restrictions, and precautions, as well as with any other requirements deemed necessary by any county, State, or federal regulatory agency, or the City’s Utilities Director.  Purchase only the amount of pesticide that you can reasonably use in a given time period (month or year, depending on the product).
 Use pesticides only if pest threshold levels are exceeded, not on a regular preventative schedule.
 Do not use pesticides if rain is forecasted. Apply pesticides, especially sprays, only when wind speeds are low.
 Do not mix or prepare pesticides for application near storm drains.  Prepare the minimum amount of pesticide needed for the job and use the lowest application rate that will effectively control the pest.
 Calibrate pesticide application equipment to avoid excessive application.  Employ techniques to minimize off-target application (e.g., spray drift) of pesticides, including consideration of alternative application techniques.
 After applying a pesticide, store it or dispose of any unused chemical properly. See sections 3.1 Storage and 3.3 Disposal.
 Record and report pesticide(s) within 24 hours of application. See section 3.6 Record Keeping and Reporting.

3.3 Disposal
Adhere to the following guidelines and ensure proper disposal of all pesticides and pesticide containers:
 Dispose of unused or obsolete pesticides according to label directions or contact the county agricultural commissioner or county’s waste disposal agency for more information about proper disposal.2
 When containers are not returned to the registrant, those that contained less than 28 gallons of a liquid pesticide that is diluted for use shall be rinsed and drained by the user following DPR regulations.3

3.4 Employee Training
Federal regulations require states to certify those who apply or supervise the use of Restricted Use Pesticides and ensure that these individuals are educated on the safe use of pesticides. To meet these federal requirements, DPR approves continuing education hours in pest management or pesticiderelated topics to ensure continued competency.

Each person who applies pesticides should be trained for the following:
2 California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations, Chapter 3. Pest Control Operations, Subchapter 2. Work Requirements, Article 4. Storage, Transportation and Disposal, available at https://www.cdpr.ca.gov/docs/legbills/calcode/030204.htm. 3 Ibid.
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City of Modesto 4 August 2023
Pyrethroid Management Plan
Standard Operating Procedures
for Application of Pesticides and Herbicides
 Use of Integrated Pest Management methodologies
 Application of pesticides
 Applicable laws and regulations
 Potential impacts on water quality
 The types of chemicals and the immediate and long-term hazards resulting from exposure  The Safety Data Sheet information
 Safety procedures
 Emergency spill information
 Use of protective equipment
 Cleanup procedures
 Disposal procedures

3.5 Effectiveness Evaluation Prior to Re-application
Following pesticide application or the use of other corrective action, pest levels should be monitored to evaluate the effectiveness of the pest control action. Additional applications of pesticide should occur only if monitoring indicates that pests have exceeded threshold levels. Threshold levels are the number of pests or level of pest damage that triggers a control action.

3.6 Record Keeping and Reporting
To comply with federal and State regulations, pesticide applicators should comply with the following record keeping and reporting guidelines:
 City staff and contracted pesticide applicators shall be responsible for the filing of all required records and reports, including, but not limited to, Notice of Intent to Apply and Pesticide Use Reports (PUR), as specified by all county, State, and federal agencies.  City staff and contracted pesticide applicators shall record, maintain, and file accurate records of all pesticide applications, as specified by all county, State, and federal agencies. o Records must be retained for two years and shall include date of application; name of the operator of the property treated; location of the property treated; crop, commodity, or site treated; total acreage or units treated at the site; and name of the pesticides, including EPA or State registration number on the pesticide label, and the amount used.4
 City staff and contracted pesticide applicators are required to log chemical applications monthly by completing a PUR. Staff submittals are due on the first (1st) business day of each month.

Contractors’ submittals are due on the tenth (10th) of each month.  Monthly PURs should be kept in a logbook in the office of the IPM Coordinator or Contract Manager.
o Keep hard copies of current pesticide labels, consumer information sheets, SDSs, and pesticide use records in a binder.
4 California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations, Chapter 3. Pest Control Operations, Subchapter 2. Work Requirements, Article 1. Pest Control Operations Generally, available at https://www.cdpr.ca.gov/docs/legbills/calcode/030201.htm. #26..
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City of Modesto 5 August 2023
Pyrethroid Management Plan
Standard Operating Procedures
for Application of Pesticides and Herbicides

4.0 REFERENCES
Brightview Landscape Agreement, Section 3- Landscape and Turf Maintenance Scope of Work, Agreement A-1920-1, Exhibit B
California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations. Chapter 3. Pest Control Operations, Subchapter 2. Work Requirements, Article 1. Pest Control Operations Generally https://www.cdpr.ca.gov/docs/legbills/calcode/030201.htm.

California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations. Chapter 3. Pest Control Operations, Subchapter 2. Work Requirements, Article 4. Storage, Transportation and Disposal https://www.cdpr.ca.gov/docs/legbills/calcode/030204.htm.

City of San José, 2017. Best Management Practices and Standard Operating Procedures, City of San José Integrated Pest Management
https://www.sanjoseca.gov/home/showpublisheddocument/37853/636822160397700000 City of Turlock, 2021. City of Turlock Right-of-Way Maintenance BMPs, B. Herbicide & Pesticide Application (CASQA Fact Sheet SC-73)
Fuss and O’Neill, 2019. SOP 12: Storage and Use of Pesticides and Fertilizer, Central Massachusetts Regional Stormwater Coalition
https://www.centralmastormwater.org/sites/g/files/vyhlif386/f/uploads/sop12pesticidesfertilizer.pdf Ventura County Stormwater Quality Management Program, 2014. Application Protocol – Pesticides, Fertilizers, and Herbicides, Ventura County Application Protocol https://www.vcstormwater.org/images/Documents/VC_PesticideProtocol_02-27-14.pdf #26..
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City of Modesto 1 August 2023
Pyrethroid Management Plan
Contract Clause
City of Modesto Contract Clause for Applicators of Pesticides and Herbicides – Implementation of Integrated Pest Management Methodologies and Standard Operating Procedures

IMPLEMENTATION OF INTEGRATED PEST MANAGEMENT AND STANDARD

OPERATING PROCEDURES
The Contractor shall strictly adhere to the guidelines established in the City of Modesto’s Integrated Pest Management Policy (IPM Policy) and Standard Operating Procedures for Application of Pesticides and Herbicides (Pesticide and Herbicide SOP) [cite attachments], which specify an approach that utilizes integrated pest management (IPM) methodologies prior to the use and application of pesticides. When pesticides must be used, the Contractor shall follow the procedures described within the Pesticide and Herbicide SOP. Deviation from the Pesticide and Herbicide SOP will only be permitted through prior written consent from the City of Modesto’s Utilities Director or designee. Failure to comply with the City of Modesto’s IPM Policy and Pesticide and Herbicide SOP is a material breach of this Agreement and may result in termination of this Agreement pursuant to Section [specify section of Agreement].

REFERENCES
City of Saratoga. Public Works Department Standard Independent Contractor Agreement. https://saratoga.granicus.com/MetaViewer.php?view_id=9&clip_id=748&meta_id=33182 County of Marin. Ordinance No. 3598—Ordinance of the Marin County Board of Supervisors Amending Chapter 23.19 of the Marin County Code in its Entirety Pertaining to the Marin County Integrated Pest Management Program.
https://marin.granicus.com/MetaViewer.php?view_id=36&clip_id=7776&meta_id=812948 Brightview Landscape Agreement, Section 3- Landscape and Turf Maintenance Scope of Work, Agreement A-1920-1, Exhibit B.

County of Marin, 2022. Requirements for Contractors.
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Central Valley Regional Water Quality Control Board
1 March 2024
Jeff Daniels
1221 Sutter Avenue
Modesto, CA 95351

ACKNOWLEDGMENT OF EXCEEDANCE AND INTENT TO SUBMIT A

PYRETHROID MANAGEMENT PLAN FOR THE CITY OF MODESTO
On 28 September 2023, the City of Modesto (City) submitted the Pyrethroid Baseline Monitoring Plan to comply with the requirements established by the Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins for the Control of Pyrethroid Pesticide Discharges (Resolution R5-2017-0057) (Pyrethroid Control Program) and the 13 July 2020 Order to submit technical and monitoring reports pursuant to California Water Code Sections 13267 and 13383 issued to the City (Order).

The Pyrethroid Control Program and Order require that the Baseline Monitoring Plan describe representative monitoring designed to collect information necessary to determine if pyrethroid discharges from the City exceed pyrethroid numeric triggers or cause or contribute to toxicity in surface waters or bed sediments. Pursuant to the Pyrethroid Control Program and Order, if the baseline Pyrethroid Chemistry and Organic Carbon Monitoring results reveal an exceedance of any prohibition trigger, the City shall develop and submit a Pyrethroid Management Plan (Plan) per the requirements described in the Pyrethroid Control Program to the Central Valley Water Board within one year from the date that an exceedance is identified by either the Discharger or Central Valley Water Board staff.

On 28 February 2024, the City notified Central Valley Water Board of a prohibition trigger exceedance identified on 22 January 2024, and its intent to develop and submit a Plan by 22 January 2025. Given the information provided, the City no longer needs to conduct baseline monitoring or submit a Baseline Monitoring Report. However, per provision 2.A of the Order, the City must develop and submit a Plan within one year of the date the exceedance was identified.

The City’s Plan must be submitted to the Central Valley Water Board on or before 22 January 2025 to comply with the Pyrethroid Control Program and Order. If the Plan is not submitted by 22 January 2025, the Board may pursue enforcement, including potential monetary liability.
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Jeff Daniels - 2 - 1 March 2024
If you have any questions, please contact Jessica Rader at (916) 464 – 3199 or [email protected].

Sincerely,
Patrick Pulupa
Executive Officer
cc: Bryan Smith, Central Valley Water Board, Redding
Elizabeth Lee, Central Valley Water Board, Rancho Cordova Jessica Rader, Central Valley Water Board, Rancho Cordova Sajleen Phagura, Central Valley Water Board, Rancho Cordova Mason Gatti, Central Valley Water Board, Rancho Cordova Duane Becker, City of Modesto
Melissa Holden, City of Modesto
Jessica Martinez, City of Modesto
Karen Ashby, Larry Walker Associates
Kelsey McNeill, Larry Walker Associates
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 08, 2024
Date: September 17, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: First Amendment to Labworks LIMS Software Agreement CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving the First Amendment with Labworks, LLC, Lehi, Utah, for the Annual Maintenance and Support of Labworks LIMS Software, increasing the Agreement amount by $10,504. (Funding Source: Sewer Operations Fund)
STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The City of Modesto’s Wastewater Division is responsible for maintaining compliance with various State and Federal regulations as directed in the City’s National Pollutant Discharge Elimination System (NPDES) permits, a Waste Discharge Requirements permit, and 40 CFR (Code of Federal Regulations).

In order to remain in compliance with the various permits and regulations, required samples must be analyzed by a State certified laboratory. Environmental Laboratory Accreditation Program (ELAP) is the California laboratory accrediting body.

The City of Modesto’s Water Quality Control (WQC) laboratory is ELAP certified. ELAP standards require certified laboratories to maintain a data management system. In order to maintain compliance with ELAP standards, the WQC laboratory utilizes Labworks Laboratory Information Management System (LIMS) software to meet ELAP’s data management system requirements.
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City Council, October 08, 2024
First Amendment to Labworks LIMS Software Agreement

Page 2 of 3 ends

Labworks, LLC is the developer and sole distributor of Labworks LIMS software as well as the sole source for the maintenance and support services.

On May 2, 2023, by Resolution 2023-208, Council approved the award of proposal and contract for LIMS Software for the Wastewater and Water Divisions to Labworks, LLC, for an estimated annual amount of $18,048 and a total amount not to exceed $96,864 over five (5) years.

DISCUSSION:

The City of Modesto’s WQC Laboratory utilizes Labworks LIMS software for the management and monitoring of all water quality samples and results through the management of sample schedules, report preparation, evaluation of water quality trends, and referencing historical data.

Recently, Labworks underwent a compliance-based upgrade to incorporate the new ELAP and The NELAC Institute (TNI) regulatory requirements in the software for tracking and reporting purposes. The upgrade also included a cloud-based, eLIMS component to the software resulting in slight increases to the annual cost for years three (3), four (4), and five (5) of the current agreement, as detailed below.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” It was determined that the upgrade to the Labworks LIMS software is necessary to allow for continued compatibility and software functionality as the City moves to OneDrive, requiring cloud-based software applications. The upgrade resulted in a corresponding increase in cost to the annual license and maintenance of the software.

FISCAL IMPACT:

All costs associated with the annual maintenance and support of Labworks LIMS software are based on the Labworks LLC quote with an additional 5% incorporated into Year 3, Year 4, and Year 5 to account for potential fluctuations within the Consumer Price Index (CPI). These costs will be budgeted in the Sewer Operations Fund Fiscal Year operating budgets.

Charge Account:
4210-44112-53300
(Sewer Operations Fund – Laboratory Services – Professional Services) Agreement Term Original Cost New Cost CPI (5%) New + CPI Year 1 – August 1, 2023 – July 31, 2024 $18,048 $18,048 $0 $18,048 Year 2 – August 1, 2024 – July 31, 2025 $18,684 $18,684 $0 $18,684 Year 3 – August 1, 2025 – July 31, 2026 $19,338 $21,339 $1,067 $22,406 Year 4 – August 1, 2026 – July 31, 2027 $20,016 $22,406 $1,121 $23,527 Year 5 – August 1, 2027 – July 31, 2028 $20,778 $23,527 $1,176 $24,703 Total Five (5) Year Expense $96,864 $104,004 $3,364 $107,368 #27..
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City Council, October 08, 2024
First Amendment to Labworks LIMS Software Agreement

Page 3 of 3 ends

COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on September 09, 2024, and was recommended to be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment with Labworks, LLC, for the Annual Maintenance and Support of Labworks LIMS Software increasing the Agreement amount by $10,504 to a new total amount of $107,368; and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

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

1. Resolution

2. First Amendment

3. Attachment A – Quote

4. Original Agreement

5. Bid Waiver
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING THE FIRST AMENDMENT WITH LABWORKS,

LLC, FOR THE ANNUAL MAINTENANCE AND SUPPORT OF LABWORKS LIMS SOFTWARE INCREASING THE AGREEMENT AMOUNT BY $10,504 TO A NEW TOTAL AMOUNT OF $107,368; AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, the Wastewater Division is responsible for maintaining compliance with various State and Federal regulations as directed in the City’s National Pollutant Discharge Elimination System (NPDES) permits, Waste Discharge Requirements (WDR), and 40 CFR (Code of Federal regulations); and
WHEREAS, to maintain compliance, all regulatory required samples must be analyzed by a State certified laboratory. Environmental Laboratory Accreditation Program (ELAP) is the California accrediting body; and
WHEREAS, the City’s Water Quality Control (WQC) Laboratory is ELAP certified; and
WHEREAS, ELAP standards require certified laboratories to maintain a data management system. The WQC laboratory utilizes Labworks Laboratory Information System (LIMS) software to meet ELAP’s data management system requirement; and WHEREAS, Labworks, LLC is the developer and sole distributor of Labworks LIMS software as well as the sole source for maintenance and support services; and WHEREAS, on May 2, 2023, by Resolution 2023-208, Council approved the award of proposal and contract for LIMS Software for the Wastewater and Water Division to Labworks, LLC for an estimated annual amount of $18,048 and a total amount not to exceed $96,864 over five (5) years; and
WHEREAS, Labworks recently underwent a compliance-based upgrades to #27..
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10/08/2024/Utilities/JDaniels/Item # 2 2024-XXX
incorporate the new ELAP and the NELAC Institute (TNI) regulatory requirements in the software for tracking and reporting purposes and a cloud-based, eLIMS component to the software; and
WHEREAS, these upgrades contribute to slight increases to the annual maintenance cost for years three (3), four (4), and five (5) of the current agreement; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”; and WHEREAS, it was determined that the upgrade to the Labworks LIMS software is necessary to allow for continued compatibility and software functionality as the City moves to OneDrive, requiring cloud-based software applications. The upgrade resulted in a corresponding increase in cost to the annual license and maintenance of the software.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment with Labworks, LLC, for the Annual Maintenance and Support of Labworks LIMS Software increasing the Agreement amount by $10,504 to a new total amount of $107,368.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Amendment.
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10/08/2024/Utilities/JDaniels/Item # 3 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of October, 2024, by ____________________, who moved its adoption, which motion being duly seconded by ______________________ was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _________________________________

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

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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FIRST AMENDMENT TO THE SOFTWARE MAINTENANCE SERVICES AGREEMENT WITH

LABWORKS LLC
This First Amendment to the Software Maintenance Services Agreement (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California hereinafter referred to as “CITY” and Labworks LLC, hereinafter referred to as “CONTRACTOR” entered into by the parties on the ________ day of _________________, 2024.

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

WHEREAS, CITY and CONTRACTOR previously entered into the Software Maintenance Services Agreement with Labworks LLC dated June 2, 2023 (the “Original Agreement”), and WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement by increasing the previously approved estimated annual amount from $18,048 to a new estimated annual amount of $22,406, and
WHEREAS, CITY and CONTRACTOR desire to amend the provisions of the Original Agreement to include revised rates effective August 1, 2025.

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

1. The attachment to the Original Agreement titled “Quote for CITY OF MODESTO” is hereby replaced with Attachment A, attached hereto and incorporated herein.

2. CONTRACTOR shall furnish the service in Attachment A, for an estimated annual amount of $22,406, and a total amount not to exceed $107,368.

3. Except as provided for in this First Amendment, all other terms and conditions of the Original Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to the Original Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. ___________, adopted by the Council of the City of Modesto on the #27..
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________ day of _____________, 2024, and Labworks LLC has caused this First Amendment to be duly executed as of the Effective Date.
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Quote for CITY OF MODESTO
Labworks LLC
Office: 230 N 1200 E #202, Lehi, Utah 84043
Remittance: 230 N 1200 E #202, Lehi, Utah 84043

CITY OF MODESTO
1010 10TH ST
MODESTO,CA 95354
LABWORKS Support ID: L783
Prepared By: CLAUDIA LUKAC
Email: [email protected]
Finance Email: [email protected]
Quote Date: April 18, 2024
Quote #: 00002817
Quote Expires: July 31, 2024
Software Maintenance and Support
Part# Description Quantity Units of
Measure Unit Price Subtotal Total Price
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)

1.00 Annual $18,048.00 $18,048.00 $18,048.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)

1.00 Annual $18,684.00 $18,684.00 $18,684.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)

1.00 Annual $21,339.00 $21,339.00 $21,339.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)

1.00 Annual $22,017.00 $22,017.00 $22,017.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)

1.00 Annual $22,779.00 $22,779.00 $22,779.00
Comments Quote Summary - Price Shown in USD($) Gross Price Net Price LABWORKS System: SQL Database
Support Term:

August 1, 2023 - July 31, 2024 $18,048
August 1, 2024 - July 31, 2025 $18,684
August 1, 2025 - July 31, 2026 $21,339
August 1, 2026 - July 31,2027 $22,017
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Labworks LLC - 230 N 1200 E #202, Lehi, Utah 84043 | 844-452-2967 | www.labworks.com | Proprietary and Confidential Page of 2 2
August 1, 2027 - July 31, 2028 $22,779
(5 Year LABWORKS Renewal to be paid annually)
Added components:

LABWORKS eLIMS (2024)
Note: If additional LABWORKS licenses, products are purchased for the LABWORKS System during a support year, the support for those additions would be added to the following years LABWORKS Renewal.

Support/Maintenance
Total
$102,867.00
$102,867.00
$102,867.00
$102,867.00
Customer elects electronic delivery ONLY of software products to the designated contact listed above. If included in this quote, Maintenance Fees are payable in advance, with payment due Net 30 days from date of invoice/delivery.

Please submit your purchase order to [email protected] and to the account representative at the top of the quote.

LABWORKS Maintenance and Support Policy: Clients must maintain LABWORKS maintenance/support in order to receive technical support, email support, phone support, software updates, documentation and access to the LABWORKS user site. If a client elects to discontinue support, they must notify Labworks LLC in writing 60 days prior to the expiration of their last paid maintenance period. Renewal of discontinued support is subject to back support fees. By creating a purchase order based on this quote, you are accepting this Maintenance and Support Policy.

Approved by:

Claudia Ann Lukac Nye/Director of Client Services
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1 Labworks, LLC
45 E 200 N
Alpine, UT 84004
Phone: 844 452-2967
www.labworks.com
LABWORKS SOFTWARE MAINTENANCE & SERVICES TERMS AND CONDITIONS v4.3 These following Software Maintenance Services Terms and Conditions (these “Terms & Conditions”) are an integral part of the Software Maintenance Services Agreement (this “Services Agreement”) between Labworks LLC ("Labworks") and ___________________ [Customer Name] (“Customer”). Labworks shall provide maintenance services as more fully described herein to Customer for the Software.

NOW THEREFORE, in consideration of the foregoing, the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Labworks and Customer agree as follows:

1.0 DEFINITIONS

1.1. “Customer” means the end-user entity whose authorized agent has ordered Maintenance Services from Labworks. .

1.2. “Enhancement” means any modification or addition that, when made or added to the Software, materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Enhancements may be designated by Labworks as minor or major, depending on Labworks assessment of their value and of the function added to the preexisting Software.

1.3. “Error Correction” means either a modification or an addition that, when made or added to the Software, establishes material conformity of the Software to the functional specifications, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect on Customer of such nonconformity.

1.4. “Error” means any failure of the Software to conform in all material respects to its functional specifications as published from time to time by Labworks. However, any nonconformity resulting from Customer's misuse, improper use, alteration, or damage of the Software, or Customer's combining or merging the Software with any hardware or software not supplied or identified as compatible by Labworks, shall not be considered an Error.

1.5. “Labworks Software Support Website” means the website designated either within these Terms & Conditions or elsewhere by Labworks at which Customer may, among other activities, enter a support request, obtain manuals and other technical information, and reviewed Customers software licenses and services portfolio.

1.6. “Releases” mean new versions of the Software, which may include both Error Corrections and Enhancements. Such Releases may be either provided either as patches to or complete replacement of the Software. A "generally available" release is a release which is available to the public at large.

Releases do not include new products, optional enhancements or new or add-on products that are priced and sold separately by Labworks. Labworks is the sole determiner of the availability and designation of a Release.

DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C City of Modesto
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2 1.7. “Software Maintenance Services Identification Number” is the identification and tracking number generated by Labworks and provided to Customer to allow registration and tracking of the Software Maintenance Services Agreement.

1.8. “Software” means the Labworks software product designated by the Customer’s order.

Alternatively, Software means the Labworks software product designated for support under the Software Maintenance Services Identification Number.

2.0 SCOPE OF MAINTENANCE SERVICES

2.1. During the maintenance term (annual), Labworks shall provide maintenance services in support of the Software. Maintenance Services shall include both technical support services and software releases.

2.2. Support. Subject to the terms and conditions of this Agreement, Labworks shall provide Customer with support services as described in this section.

2.2.1. Support Hours. Labworks shall maintain standard service hours between 09:00 – 18:00 Monday to Friday, Eastern Standard Time excluding all public holidays.

2.2.2. Telephone Support. Labworks shall provide a support telephone line to respond to support requests. The support telephone line shall be staffed during the hours of 09:00- 18:00 EST Monday to Friday, excluding all public holidays. The support line is toll free within the United State at 844-452-2967.

2.2.3. E-mail Support. Labworks shall provide e-mail support between 09:00-18:00 Monday to Friday, ET, excluding all public holidays. Address: [email protected].

2.2.4. Support requests outside standard service hours. All voicemails and emails will receive a response during the next normal business day. Urgent voicemail requests receive a live response within one hour of the start of the next normal business day.

2.2.5. Remote Support. Initial support will be provided in part by directing Customer to use certain diagnostic tools available on the Software. If this proves insufficient to resolve the support request, if Customer grants explicit permission, and if Customer establishes and maintains the appropriate network configuration, Labworks personnel will access the Software remotely and provide remote services.

2.3. Software Releases. As part of its maintenance services, Labworks may provide periodic Software Releases.

2.3.1. Maintenance Releases. Labworks may provide periodic Maintenance Releases.

Maintenance Releases are generally available release of Software that only provides DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C #27..
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3 error corrections. Such a release shall be denoted by a change in the digit to the right of the second decimal point - for example, 3.0.0 to 3.0.1.

2.3.2. Minor Releases. Labworks may provide periodic Minor Releases. A Minor Release is a generally available release of the Software that provides Enhancements designated minor by the Labworks, as well as bug fixes (error corrections). Such a release shall be denoted by a change in the digit to the right of the first decimal point - for example, 3.0 to 3.1.

2.3.3. Major Releases. Labworks may provide periodic Major Releases. Major Releases are generally available releases of the Software that provides Enhancements designated major by Labworks, as well as minor new Enhancements and Error Corrections. Such a release is denoted by a change in the digit to the left of the first decimal point - for example, 3.0 to 4.0.

2.4. Limitations on Scope of Maintenance Services.

2.4.1. Labworks shall have no obligation to provide Releases or Support for the Software except as set forth in this Services Agreement. Labworks shall not have any responsibility to develop subsequent components for the Software or additional processes for Customer, except as explicitly set forth herein.

2.4.2. Labworks shall have no obligation to fix errors in the Software within a specific time duration due to the nature of software operating in a multivendor environment.

2.4.3. Customer rights and obligations concerning the use of any Releases (Error Corrections, Enhancements, or any other programming provided by Labworks relating to the Software) shall be as provided under the End-User License Agreement between Customer and Labworks. Labworks shall have sole and exclusive ownership of all right, title, and interest in and to such works (including ownership of all copyrights and other intellectual property rights pertaining thereto), subject only to the license expressly granted to Customer therein.

2.4.4. Maintenance Services do not include: (a) development of custom computer programs, (b) repairs or service relating to any third-party software or hardware, or (c) hardware modifications or changes to existing hardware configurations, outside the scope of warranty support.

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4 3.0 WARRANTIES AND LIMITATIONS OF LIABILITY

3.1. Limited Maintenance Services Warranty. Labworks warrants, for a period of ninety (90) days following the performance of the applicable Maintenance Service, that such Maintenance Services was performed in a professional manner and in a manner that was at least equal to applicable industry standards prevailing at the time of performance. Labworks’s entire liability and Customer’s exclusive remedy under this limited warranty is, at Labworks’s option, either (a) return of the Maintenance Fees paid by Customer with respect to the annual maintenance period during which such Maintenance Services were performed; or (b) re-performance of such Maintenance Services in a manner that conforms with the foregoing limited warranty. Any Maintenance Services that are re-performed will be warranted in accordance with the terms and conditions of this Section for the remainder of the original warranty period or thirty (30) days, whichever is longer.

3.2. Warranty Disclaimer and Limitation of Liability. CUSTOMER ACKNOWLEDGES THAT EXCEPT AS

EXPRESSLY SET FORTH IN THESE TERMS & CONDITIONS, LABWORKS HAS NOT MADE ANY REPRESENTATION OR WARRANTY TO CUSTOMER REGARDING THE MAINTENANCE SERVICES. WITHOUT

LIMITING THE GENERALITY OF THE FOREGOING, LABWORKS DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WITH RESPECT TO TITLE, NONINFRINGEMENT, MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY,

CAPACITY OR TECHNICAL COMPATIBILITY OF THE MAINTENANCE SERVICES OR FITNESS OF THE MAINTENANCE SERVICES FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT LABWORKS WILL NOT

BE LIABLE FOR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHICH

ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE

MAINTENANCE SERVICES WHETHER SUCH DAMAGES ARE BASED UPON CONTRACT, TORT, INTENTIONAL

CONDUCT, EQUITY OR PURSUANT TO SOME OTHER THEORY, INCLUDING, WITHOUT LIMITATION,

BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH

DAMAGES WAS MADE KNOWN TO OR WAS FORESEEABLE BY LABWORKS AND WHETHER SUCH DAMAGES ARE ASSERTED BY CUSTOMER OR SOME OTHER PARTY .

3.3. CUSTOMER FURTHER ACKNOWLEDGES THAT LABWORKS' MAXIMUM AGGREGATE LIABILITY TO

CUSTOMER UNDER ANY LEGAL THEORY (INCLUDING ITS OWN NEGLIGENCE) FOR DAMAGES ARISING

DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE MAINTENANCE SERVICES WILL NOT IN ANY EVENT EXCEED $1,000,000.

3.4. CUSTOMER ACKNOWLEDGES THAT THE PRICING OF THE MAINTENANCE SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT LABWORKS' LIABILITY AS PROVIDED HEREIN. THE LIMITATIONS OF

LIABILITY SET FORTH HEREIN ARE INTENDED TO LIMIT LABWORKS'S LIABILITY AND WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ANY ACTION,

CLAIM OR PROCEEDING RELATING TO THIS AGREEMENT AND/OR THE MAINTENANCE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, MUST BE BROUGHT WITHIN TWELVE (12) MONTHS FOLLOWING THE ACTION OR EVENT GIVING RISE TO SUCH ACTION, CLAIM OR PROCEEDING.

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5 4.0 TERM AND TERMINATION

4.1. Term. Maintenance Services provided under this Software Agreement shall run from the date of registration of this Software for the term in years ordered by the Customer.

4.2. Early Termination.

4.2.1. Notwithstanding the foregoing, this Agreement may be terminated as follows:

4.2.1.1. at any time upon mutual written agreement of the parties;

4.2.1.2. by either party (the “notifying party”) by written notice to the other party (the “notified party”) if the notified party (a) breaches a material obligation of the notified party under this Agreement and such breach continues uncorrected for a period of thirty (30) days after notice in writing thereof to the notified party,

4.2.1.3. by either party (the “notifying party”) by written notice to the other party (the “notified party”) if the notified party becomes insolvent or is adjudged as bankrupt; makes an assignment for the benefit of creditors; has a receiver appointed for all or a material portion of its property, assets and/or business; or files a voluntary petition of bankruptcy; or

4.2.2. In addition, if Customer is acquired by, merged into, or consolidated with another corporation or organization or sells, transfers, or leases all or a substantial portion of its assets or stock (including any software) to another corporation or other organization which is a direct competitor of Labworks, Labworks reserves the right to consider such event as a material and incurable breach of this Agreement and proceed to termination under this Section 4.2. A direct competitor of Labworks is any entity that markets, sells or develops a product substantially similar to any software of Labworks.

4.2.3. Effect of Early Termination. Upon termination or expiration of this Agreement Customer shall pay any and all undisputed sums then owing to Labworks hereunder within ten (10) business days from the effective date of termination. Upon termination of this Agreement, Customer shall not be entitled to any refund of any payments made by Customer unless explicitly provided for herein.

DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C #27..
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6 5.0 MISCELLANEOUS

5.1. Entirety of Agreement.

5.1.1. This Software Agreement includes these Terms & Conditions, as well the terms in any acknowledging e-mail if used to deliver the Software Maintenance Services Identification Number for this Services Agreement. In case of conflict, the terms of these Terms & Conditions will prevail.

5.1.2. This Software Agreement represents the parties' entire agreement with respect to the subject matter of this Agreement and supersedes and replaces any prior agreement or understanding with respect to that subject matter. All prior and all oral representations, warranties and covenants with respect to the subject matter of this Agreement will be deemed to have been merged into and superseded by this Agreement. This Agreement may not be amended or supplemented except pursuant to a written instrument signed by the party against whom such amendment or supplement is to be enforced. This Agreement will prevail over any additional, conflicting or inconsistent terms and conditions which may appear on any purchase order, confirmation or other similar document sent or delivered by a party to this Agreement.

5.2. Survival. The respective rights and obligations of Labworks and Customer under the provisions of Sections 3, 4 and 5 shall survive termination of this Agreement.

5.3. Governing Law/Arbitration. The laws of the State of California, excluding its choice of law provisions, will govern the formation, interpretation, and performance of this Agreement. Customer agrees to submit any dispute, claim or controversy that may arise out of the rendering of Services or providing of Materials as set forth in this Agreement to arbitration by a single arbitrator in Stanislaus County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. Judgment upon the arbitration award shall be final, binding and conclusive and may be entered in any court having jurisdiction. Nothing contained herein will be deemed to be a waiver of any right that may exist to remove an action filed in state court to federal court.

5.4. Notices. All notices, demands, requests or other communications that may be or are required to be given, served or sent by either party to the other party pursuant to this Agreement will be in writing and will be mailed by first class, registered or certified mail, return receipt requested, postage prepaid, sent by a reputable, national, over-night courier service (with a requirement for receipt of delivery) or transmitted by hand delivery, telegram or facsimile transmission addressed to the parties at their principal office. Either party may designate by written notice a new address to which any notice, demand, request or communication may thereafter be given, served or sent. Each notice, demand, request or communication that is mailed, delivered or transmitted in the manner described above will be deemed sufficiently given, served, sent and received for all purposes at such time as it is delivered to the addressee with the return receipt, the delivery receipt, the affidavit of messenger or (with respect to DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C #27..
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7 a facsimile transmission) the answer back being deemed conclusive evidence of such delivery or at such time as delivery is refused by the addressee upon presentation .

5.5. Severability. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed in such manner that it will, to the maximum extent practicable, be deemed to be valid and enforceable.

Accordingly, in lieu of such invalid or unenforceable provision, there will be added automatically as a part of this Agreement a provision as similar in its terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.

5.6. Third Party Beneficiaries. Except as expressly set forth or referred to in this Agreement, nothing in this Agreement is intended or will be construed to confer upon or give to any party other than the parties to this Agreement and their successors and permitted assigns, if any, any rights or remedies under or by reason of this Agreement.

5.7. No Waiver. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise or the exercise of any other right.

5.8. Force Majeure. Neither party to this Agreement shall be liable to the other for any delay or failure by such party to perform its obligations (excluding obligations to pay money) under this Agreement if such delay or failure arises from any cause or causes beyond the reasonable control of such party, including, without limitation, labor disputes, strikes, acts of God, floods, lightning, shortages of materials, rationing, utility or communication failures, earthquakes, casualty, war, acts of the public enemy, riots, insurrections, embargoes, blockades or regulations or orders of governmental authorities.

If a party to this Agreement shall be delayed or prevented from performing such party's obligations pursuant to this Agreement due to any cause beyond such party's reasonable control, such delay shall be excused during the continuance of such delay and the period of performance shall be extended to the extent necessary to enable such party to perform its obligations after the cause of such delay has been removed; provided, however, if such performance is delayed for thirty (30) or more days, the party entitled to the benefit of such performance may elect to terminate this Agreement .

5.9. Assignment. Customer may transfer or assign its rights under this Agreement but only with the advance written consent of Labworks, which shall not be unreasonably withheld. As a condition precedent to any such assignment or transfer (a) the assignee/transferee must agree in writing to comply with all of the obligations of Customer under this Agreement, (b) Labworks must be given a copy of the assignee/transferee's written undertaking to comply with all of the obligations of Customer under this Agreement, and (c) all maintenance transfer fees, if any, must be paid to Labworks.

DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C #27..
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8 Signature Page to “Software Maintenance Services Terms and Conditions v4.3” I agree to the terms and conditions as set forth in “Software Maintenance Services Terms and Conditions v4.3” between Labworks LLC and Customer.

Labworks LLC Customer
________________________________ ________________________________ Signature Signature
________________________________ ________________________________ Name Name
________________________________ ________________________________ Date Date
DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C 5/31/2023
Claudia Lukac, Director of Client Services
JOSE M. SANCHEZ, City Attorney

APPROVED AS TO FORM
JOE F. RODRIGUEZ, Risk Manager

APPROVED AS TO FORM
6/2/2023
Joseph P. Lopez, City Manager
DIANE NAYARES-PEREZ, CMC, City Clerk
6/2/2023
ATTEST:
(Seal)
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Quote for CITY OF MODESTO
Labworks LLC
Office: 230 N 1200 E #202, Lehi, Utah 84043
Remittance: 230 N 1200 E #202, Lehi, Utah 84043

CITY OF MODESTO
1010 10TH ST
MODESTO,CA 95354
LABWORKS Support ID: L783
Prepared By: CLAUDIA LUKAC
Email: [email protected]
Finance Email: [email protected]
Quote Date: January 13, 2023
Quote #: 00002351
Quote Expires: August 1, 2023
Software Maintenance and Support
Part# Description Quantity Units of
Measure Unit Price Subtotal Total Price
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)

1.00 Annual $19,338.00 $19,338.00 $19,338.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)

1.00 Annual $20,016.00 $20,016.00 $20,016.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)

1.00 Annual $20,778.00 $20,778.00 $20,778.00
Comments Quote Summary - Price Shown in USD($) Gross Price Net Price LABWORKS System: SQL Database
Support Term:

August 1, 2023 - July 31, 2024 $18,048
August 1, 2024 - July 31, 2025 $18,684
August 1, 2025 - July 31, 2026 $19,338 Support/Maintenance $96,864.00 $96,864.00 DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C #27..
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Labworks LLC - 230 N 1200 E #202, Lehi, Utah 84043 | 844-452-2967 | www.labworks.com | Proprietary and Confidential Page of 2 2
August 1, 2026 - July 31, 2027 $20,016
August 1, 2027 - July 31, 2028 $20.778
(5 Years LABWORKS Renewal to be paid annually)
Note: If additional LABWORKS licenses, products are purchased for the LABWORKS System during a support year, the support for those additions would be added to the following years LABWORKS Renewal.

Total $96,864.00 $96,864.00
Customer elects electronic delivery ONLY of software products to the designated contact listed above. If included in this quote, Maintenance Fees are payable in advance, with payment due Net 30 days from date of invoice/delivery.

Please submit your purchase order to [email protected] and to the account representative at the top of the quote.

Approved by:

Claudia Ann Lukac Nye/Director of Client Services
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 8, 2024
Date: October 2, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
Jose M. Sanchez, City Attorney
SUBJECT: Temporary Moratorium on all New Tobacco Retailer Businesses/Smoke Shops Within the City of Modesto
CONTACT: Brandon Gillespie, Chief of Police, 209-572-9500, [email protected] DESCRIPTION:

Consider the adoption of an urgency ordinance making findings and establishing a temporary moratorium on the establishment of new and relocation or physical expansion of existing tobacco retailer businesses, also known as smoke shops, within the City of Modesto to become effective immediately. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

Under the City of Modesto Charter sections 200 and 201, the California Constitution Article XI, Section 5, and pursuant to its police powers, the City of Modesto is authorized to implement regulations for a public purpose and for the general welfare. The City aims to protect the public health, safety, and welfare of its residents through zoning, licensing, and safety regulations of specific commercial activities.

In recent years, the City has experienced a proliferation of tobacco retailer businesses, also known as smoke shops, in the City of Modesto. There are currently 41 tobacco retailer businesses/smoke shops who have an active business license in the City of Modesto. Staff and the Police Department are currently assessing whether there are additional establishments operating without a business license in the City.

These businesses have been a source of unlawful activity. Over the past 12 months, the Modesto Police Department has conducted inspections at various tobacco retailers throughout the City, resulting in the seizure of cannabis-infused items, illicit drugs, flavored tobacco #28..
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City Council, October 8, 2024
Temporary Moratorium on all New Tobacco Retailer Businesses/Smoke Shops Within the City of Modesto

Page 2 of 4 ends

Modesto City CouncilOctober 8, 2024

Modesto City Council
October 8, 2024